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26287
AGREEMENT INFORMATION AGREEMENT NUMBER 26287 NAME/TYPE OF AGREEMENT JOHN BELL CONSTRUCTION, INC. DESCRIPTION CONSTRUCTION CONTRACT/MOORE PARK GYMNASIUM - D5 /FILE I D : 18970/R-26-0146/MATTER I D : 26-2282 EFFECTIVE DATE September 21, 2026 ATTESTED BY TODD B. HANNON ATTESTED DATE 9/21/2026 DATE RECEIVED FROM ISSUING DEPT. 9/21/2026 NOTE DOCUSIGN AGREEMENT BY EMAIL Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Department of Procurement DEPT. CONTACT PERSON: Luis Caseres/Anthony Hansen NAME OF OTHER CONTRACTUAL PARTY/ENTITY: John Bell Construction, Inc. EXT. 1923 IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? TOTAL CONTRACT AMOUNT: $ 10,606,115.87 FUNDING INVOLVED? TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) Construction Contract ■ ■ YES YES ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT PURPOSE OF ITEM (BRIEF SUMMARY): ITB 25-26-016 - Moore Park Gymnasium - D5 NO NO COMMISSION APPROVAL DATE: 04/09/2026 FILE ID: 18970 ENACTMENT NO.: 26-0146 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN DIRECTORcOF PROCUREMENT/CHIEF PROCUREMENT BFbeFiaft-of Fernando Anthony Hansen, Sr. Manager August 27, 2026 Annie Perez, CPPO 12:56:50 EDT SIGNATURE: DocuSigned b A-:. i Ponassi:AnthonyHansen RISK MANAGEMENT August 27, 2026 David Ruiz 113:01:23 EDT SIGNATURE: 89540EB73CA (—DocuSigned t tlArli BUDGET OFFICE Funding is available in 40-B193513. GF, IF, MFB LEM 8/31/26 August 31, 2026 Marie Gouin 20:43:46 EDT SIGNATURE: '-55349B495F2 Signed by: -- —) /s/ NRA CITY ATTORNEY Matter ID No. 26-2282 September 1, 2026 George K. Wysong III 114:46:17 EDT SIGNATURE: 5F6E831796C Signed by: at-brOt, `--88778877GE9FC86e ASSISTANT CITY MANAGER, CHIEF FINANCIAL OFFICER September 1, 2026 Erica T. Paschal Darling, CPA 115:11:17 EDT SIGNATURE: ,—DocuSigned t e"`ta Pa` \=5'E85E750'7 36 Signed by: t/A.V'bara. auPC2D.3.1:1F_3.3 ASSISTANT CITY MANAGER, CHIEF OF OPERATIONS September 3, 2026 Barbara Hernandez, MPA 116:55:02 EDT SIGNATURE: ASSISTANT CITY MANAGER, CHIEF OF INFRASTRUCTURE September 4, 2026 Asael Marrero 107:40:13 EDT SIGNATURE:!-')'` DocuSigned b _ COF4AD9AB03 DEPUTY CITY MANAGER September 9, 2026 Natasha Colebrook -Williams I 10:21:40 EDT SIGNATURE: ,—DocuSigned b) Ne..zk44 G' CITY MANAGER September 18, 2C26 James Reyes 114:31:27 EDT SIGNATURE: Signed by: CITY CLERK September 21, 2J26 Todd Hannon 109:13:36 EDT SIGNATURE: A68C256F2C6A DocuSigned b c,-,, E46D7560DCF 480... 495... 54BC... t,VIA,01 A4 44E • 45A.. 41 B... 478... 459... -% PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER PR 26078 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 Titu of 4J1Fiixmi INVITATION TO BID ("ITB") MOORE PARK GYMNASIUM - D5 PROJECT NO. 40-B193513 ITB NUMBER 25-26-016 ISSUE DATE MARCH 16, 2026 VOLUNTARY VIRTUAL PRE -BID CONFERENCE MARCH 23, 2026 11:00 A.M. SITE VISIT MARCH 26, 2026 11:00 A.M ADDITIONAL INFORMATION AND CLARIFICATION DEADLINE MARCH 30, 2026 5:00 P.M. BID SUBMISSION DUE DATE ON BIDNET DIRECT APRIL 16, 2026 3:00 p.m. CONTACT Anthony Hansen Sr. Procurement Contracting Manager Department of Procurement City of Miami 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130 Phone: 305-416-1895 E-mail: AMHansen©miami.gov Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 TABLE OF CONTENTS NOTICE TO CONTRACTORS DEFINITIONS SECTION 1 - INSTRUCTIONS FOR SUBMISSION 1. Intention of the City 2. Scope of Work 3. Location of the Project 4. Performance of the Work 5. Examination of Contract Documents and Site 6. Addenda 7. Bid Submission 8. Bid Guaranty 9. Preparation of Bid 10. Pre -Bid Conference 11. Postponement of Bid Opening Date 12. Acceptance or Rejection of Bids 13. Environmental Regulations 14. Bid Award 15. Bid Protest 16. Cone of Silence 17. Public Entity Crime 18. Fraud and Misrepresentation 19. Collusion 20. Contractor in Arrears or Default 21. Cancellation of ITB SECTION 2 - ITB GENERAL TERMS AND CONDITIONS 1. Time is of the Essence 2. Contract Term 3. Contract Price and Guaranteed Maximum Cost/Guaranteed Maximum Price 4. Notices 5. Priority of Provisions 6. Indemnification 7. Insurance 8. Performance and Payment Bond 9. Qualification of Surety 10. General Requirements 11. Method of Performing the Work 12. Work Staging and Phasing 13. Site Investigation and Representation 14. Contractor to Check Plans, Specifications, and Data 15. Contractor's Responsibility for Damages and Accidents 16. Accidents Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 SECTION 2 - ITB GENERAL TERMS AND CONDITIONS (Continued) 17. Safety Precautions 18. Occupational Health and Safety 19. Labor and Materials 20. Rules, Regulations, Laws, and Licenses 21. Consultant Services 22. Project Management 23. Superintendence and Supervision 24. Authority of the Project Manager 25. Inspection of Work 26. Taxes 27. Separate Contracts 28. Lands of Work 29. Coordination of Work 30. Differing Site Conditions 31. Existing Utilities 32. Contractor's Responsibility for Utility Properties and Service 33. Interfering Structures 34. Field Relocation 35. Contractor's Use of Project Site(s) 36. Warranty of Materials and Equipment 37. Material and Equipment Shipment, Handling, Storage and Protection 38. Manufacturer's Instructions 39. Manufacturer's Warranty 40. Reference Standards 41. Submittals 42. Shop Drawings 43. Product Data 44. Samples 45. Record Set 46. Supplemental Drawings and Instructions 47. Contractor Furnished Drawings 48. Substitutions 49. City Furnished Drawings 50. Interpretation of Drawings and Documents 51. Product and Material Testing 52. Field Directives 53. Changes in the Work or Contract Documents 54. Continuing the Work 55. Change Orders 56. Change Order Procedure 57. No Oral Changes 58. Value of Change Order Work 59. Extra Work Directive Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 SECTION 2 - ITB GENERAL TERMS AND CONDITIONS (Continued) 60. As -Built Drawings 61. Worker's Identification 62. Removal of Unsatisfactory Personnel 63. Substantial Completion, Punch List, and Final Completion 64. Acceptance and Final Payment 65. NPDES Requirements 66. Force Majeure 67. Extension of Time 68. Notification of Claim 69. Extension of Time not Cumulative 70. No Damages for Delay 71. Excusable Delay, Non-Compensable 72. Lines and Grades 73. Defective Work 74. Acceptance of Defective or Non -Conforming Work 75. Uncovering Finished Work 76. Correction of Work 77. Maintenance of Traffic and Public Streets 78. Location and Damage to Existing Facilities, Equipment, or Utilities 79. Stop Work Order 80. Hurricane Preparedness 81. Use of Completed Portions 82. Cleaning Up; City's Right to Clean Up 83. Removal of Equipment 84. Set -offs, Withholdings, and Deductions 85. Event of Default 86. Notice of Default -Opportunity to Cure 87. Termination for Default 88. Remedies in the Event of Termination for Default 89. Termination for Convenience 90. Resolution of Disputes 91. Mediation -Waiver of Jury Trial 92. City May Avail Itself of All Remedies 93. Permits, Licenses, and Impact Fees 94. Compliance with Applicable Laws 95. Independent Contractor 96. Third Party Beneficiaries 97. Successors and Assigns 98. Materiality and Waiver of Breach 99. Severability 100. Applicable Law and Venue of Litigation; Attorney's Fees 101. Amendments 102. Entire Agreement Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 SECTION 2 - ITB GENERAL TERMS AND CONDITIONS (Continued) 103. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act 104. Evaluation 105. Commodities Manufactured, Grown or Produced in the City of Miami, Miami -Dade County, and the State of Florida 106. Buy America Rcquircmcnt) NOT APPLICABLE 107. Royalties and Patents 108. Continuation of the Work 109. Review of Records 110. No Interest 111. Payments Related to Guaranteed Obligations 112. Consent of City Required for Subletting or Assignment 113. Agreement Limiting Time in Which to Bring Action against the City 114. Defense of Claims 115. Contingency Clause 116. Mutual Obligations 117. Contract Extension 118. Non -Exclusivity 119. Nature of the Agreement 120. Contract Documents Contain All Terms 121. Survival 122. Disclosure of State Funding, if applicable 123. Antitrust Violator Vendors 124. Anti -Human Trafficking SECTION 3 - ITB SUPPLEMENTAL TERMS AND CONDITIONS 1. Contract Time and Hours 2. Progress Payments 3. Liquidated Damages 4. Schedule of Values 5. Project Schedules 6. Release of Liens/Subcontractor's Statement of Satisfaction 7. Progress Meetings 8. Request for Information 9. Project Site Facilities 10. Security 11. Construction Signage 12. Construction Photographs 13. City Furnished Property 14. Field Layout of the Work and Record Drawings for Drainage Projects 15. Survey Work for Drainage Projects 16. E-Verify - Mandatory Use 17. Cures 18. Counterparts; Electronic Signatures Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 SECTION 3 - ITB SUPPLEMENTAL TERMS AND CONDITIONS (Continued) 19. Level II Background Screening Requirements 20. Projects Funded by Federal or Statc Fundy NOT APPLICABLE 21. Direct Purchasing Program SECTION 4 - BID FORMS Bid Form ITB No. 25-26-016 Certificate of Authority (If Corporation) Certificate of Authority (If Partnership) Certificate of Authority (If Joint Venture) Certificate of Authority (If Individual) Bid Bond Form Certificate as to Corporate Principal Questionnaire Form A - Information for Determining Joint Venture Eligibility Certification Regarding Lobbying NOT APPLICABLE Build America, Buy America Certification Form Iron And Steel NOT APPLICABLE Build America, Buy America Certification Form Materials NOT APPLICABLE Anti -Human Trafficking Affidavit SECTION 5 - CONTRACT EXECUTION FORMS Form of Performance Bond Form of Payment Bond Performance and Payment Guaranty Form - Unconditional Irrevocable Letter of Credit ATTACHMENTS Attachment A: Form SU - Subcontractor Utilization Form Attachment B: Section 787.06, Florida Statutes (2025) REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 (Eau of 411FIixrni NOTICE TO CONTRACTORS ITB NO. 25-26-013 MOORE PARK GYMNASIUM - D5 PROJECT NO. 40-B193513 Completed Bids must be submitted through BidNet Direct Electronic Bidding System ("BidNet Direct") by 3:00 p.m., on April 16, 2026 ("Bid Submission Due Date"). Any Bids received after the stipulated date and time will not be considered. Scope of Work: The Moore Park Gymnasium ("Project") is a new construction development initiative for the City of Miami ("City") at Moore Park ("Park"). The scope of work consists of a 15,854 square foot addition to the existing Community Center for a new multipurpose sports -use Gymnasium. The scope includes, but is not limited to, a gymnasium, restrooms, storage rooms, supporting electrical and IT spaces, and an elevated running track at the second -floor level. The gymnasium will accommodate two (2) high school sized basketball courts positioned side -by -side with a superimposed NBA -sized court, along with small bleachers, scoreboards, and volleyball court configurations. Site improvements include modifications to existing sidewalks, landscaping around the gym perimeter, and parking lot enhancements. The Project also includes an Art in Public Places component, to be coordinated with the Contractor. The full scope of work is detailed within this solicitation document, Section 1, Article 2, "Scope of Work. Minimum Requirements: Prospective Bidders shall meet the following requirements, and submit the required supporting documentation with their bids, by the Bid Due Date: 1) Have a current Certified General Contractor ("CGC") license from the State of Florida for a minimum of five (5) years AND have a minimum of ten (10) years' experience under its current business name. 2) The General Contractor shall demonstrate experience as the Prime Contractor for at least three (3) projects of similar size, scope, and complexity to the Project, within the past ten (10) years, preferably in a park setting. The General Contractor must have a proven track record of coordination with and between all applicable trades, including but not limited to structural, mechanical, and electrical, as may be required during the construction of the Project. 3) Reference projects must be submitted, utilizing Form ITB-GCR, and shall demonstrate that the General Contractor: i) was the General Contractor for the project; and ii) self -performed at least ten percent (10%) of the physical labor construction work for said park -related project. Failure to meet this requirement will result in the bid submittal being deemed non -responsive. The City reserves the right to request additional/supplemental information and/or contact listed individuals pertaining to Bidder's ability to meet the above minimum requirements. Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 The Department of Procurement ("Procurement") has scheduled a voluntary Virtual Pre -Bid Conference on March 23, 2026, at 11:00 a.m. EST, at the following Microsoft Teams meeting link, or via phone at +1 786-598-2961, Conference 498 741 90#, to discuss the terms and conditions of this ITB. Any Bidders not attending the Pre -Bid Conference will not be precluded from submitting a Bid. All Addenda will be posted on the City's BidNet Direct platform. Written questions must be submitted through BidNet Direct or email by 5:00 p.m. on March 30, 2026. Late questions will not be considered. The City of Miami reserves the right to accept any Bids deemed to be in the best interest of the City, to waive any minor irregularities, scrivener's errors, omissions, and/or technicalities in any Bids, or to reject any or all Bids and to re -advertise for new Bids, in accordance with the applicable sections of the Florida Statutes, the City Charter and Code, and this ITB. All bids shall be submitted through the City's BidNet Direct platform, and in accordance with Section 1, "Instructions for Submission," no later than the date and time indicated within the ITB, in order to be considered. Faxed documents are not acceptable. Emailed submissions are not acceptable. Hardcopy submissions are not acceptable. Bids must be submitted timely through BidNet Direct, or the Bid will be disqualified. Untimely or misdelivered Bids will not be considered. NO EXCEPTIONS. BIDDERS ARE ADVISED THAT BIDS SUBMITTED WITH IRREGULARITIES, DEFICIENCIES, AND/OR TECHNICALITIES THAT DEVIATE FROM THE MINIMUM SUBMISSION REQUIREMENTS OF A REQUEST FOR QUALIFICATIONS (RFQ), REQUEST FOR PROPOSALS (RFP), INVITATION TO BID (ITB), INVITATION FOR BIDS (IFB), INVITATION TO QUOTE (ITQ), REQUESTS FOR LETTERS OF INTEREST (RFLI), AND REQUEST FOR SPONSORSHIPS (RFS) SHALL RESULT IN A NON- RESPONSIVE DETERMINATION. ANY SOLICITATION ISSUED AFTER MAY 6, 2019, SHALL COMPLY WITH APM 2-19. APM 2-19 IS EXPRESSLY INCORPORATED BY REFERENCE AND MADE A PART OF THIS SOLICITATION AS IF SET FORTH IN FULL. ONLY MINOR IRREGULARITIES, DEFICIENCIES, AND TECHNICALITIES MAY BE ALLOWED TO BE TIMELY CURED BY PROPOSERS AT THE SOLE DISCRETION OF THE CITY. MATERIAL IRREGULARITIES, DEFICIENCIES, AND TECHNICALITIES CANNOT BE CURED BY THE PROPOSER/BIDDER AND ARE NOT WAIVABLE BY THE CITY. BIDDERS ARE HEREBY ADVISED THAT THIS ITB IS SUBJECT TO THE "CONE OF SILENCE," IN ACCORDANCE WITH ORDINANCE NO. 12271, CODIFIED AS SECTION 18-74, CITY OF MIAMI CODE, AS AMENDED. James Reyes, City Manager REMAINDER OF PAGE INTENTONALLY LEFT BLANK Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 DEFINITIONS Architect of Record ("AOR") means a designation reserved, usually by law and regulations, for a person or organization professionally qualified and licensed in the State of Florida to perform architectural services. Basis of Design means a specific manufacturer's product that is named; including the make or model number or other designation, establishing the significant qualities related to type, function, dimension, in- service performance, physical properties, appearance, and other characteristics for purposes of evaluating comparable products of other manufacturers. Bid means the response submitted by a Bidder to this solicitation, which includes the price, authorized signature and all other information or documentation required by the Contract Documents at the time of submittal. Bidder means any individual, firm, incorporated, or unincorporated business entity, limited liability company, or corporation tendering a Submittal, acting directly or through a duly authorized representative. BidNet Direct means the City of Miami's eProcurement system, which provides web -based bidding services to the vendor community, to view and respond to solicitations. Change Order means a written document ordering a change in the Contract Price or Contract Time or a material change in the Work. A change order must comply with the Contract Documents. City means the City of Miami, Florida, a Florida municipal corporation. In all respects hereunder, the City's performance is pursuant to the City's capacity as Owner. In the event the City exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, codes, laws and ordinances shall be deemed to have occurred pursuant to City's authority as a governmental body and shall not be attributable in any manner to the City as a party to this Contract. For the purposes of this Contract, "City" without modification shall mean the City Manager or Director, as applicable. City Commission means the legislative body of the City of Miami. City Manager means the duly appointed chief administrative officer of the City of Miami. Construction Change Directive means a written directive to effect changes to the Work, issued by the Consultant or the Director, which may affect the ITB Contract price or time. Construction Engineering Inspection ("CEI") means an individual or an organization, assigned by the Director of the Office of Capital Improvements ("OCI"), responsible in assisting the City's Project and Construction Managers in Contract administration, site inspections, material sampling, and Project close- out. Construction Manager ("CM") means the individual or organization assigned by the Director of OCI whose duties include reviewing Project documents during the design phase and managing the construction phase that include, but not limited to, directing, and coordinating construction activities associated with the Project. Construction Schedule means a critical path schedule or other construction schedule, as defined, and required by the Contract Documents. Consultant means a firm that has entered into a separate agreement with the City for the provision of design/engineering services for the Project; and if applicable, means the Architect or Engineer of Record contracted by the City to prepare the plans and specifications for the Project. Consultant may also be referred to as Architect or Engineer of Record. Contract means the ITB solicitation and the bid documents that have been executed by the Bidder and the City subsequent to approval of award by the City. Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 Contract Documents means the Contract as may be amended from time to time, the plans and drawing, all addenda, clarifications, directives, change orders, payments and other such documents issued under or relating to the Project. Contractor means the person, firm, or corporation with whom the City has contracted, and who will be responsible for the acceptable performance of any Work and for the payment of all legal debts pertaining to any Work issued under this Contract through the award of an ITB. Contractors submitting a bid in response to an ITB shall be precluded from participating as a subcontractor to another Contractor submitting a response to the same ITB. Cure means the action taken by the Contractor promptly after receipt of written notice from the City of a breach of the Contract Documents which shall be performed at no cost to the City, to repair, replace, correct, or remedy all material, equipment, or other elements of the Work or the Contract Documents affected by such breach, or to otherwise make good and eliminate such breach, including, without limitation, repairing, replacing or correcting any portion of the Work or the Project site(s) disturbed in performing such cure. Cure Period means the period of time in which the Contractor is required to remedy deficiencies in the Work or compliance with the Contract Documents after receipt of written Notice to Cure from the City identifying the deficiencies and the time to Cure. Department means or refers to the City of Miami's Office of Capital Improvements. Design Documents means the construction plans and specifications included as part of a bid prepared by the Consultant for this Project under a separate Agreement with the City. Direct Materials Purchasing Program means a program that allows the City to purchase materials, goods, supplies, and equipment directly from vendors for sales tax recovery purposes. Director means the Director of OCI or designee, who has the authority and responsibility for managing the Project under this Agreement. Drawings means the graphic and pictorial portions of the Work, which serve to show the design, location, and dimensions of the Work to be performed, including, without limitation, all notes, schedules, and legends on such Drawings. Engineer of Record ("EOR") also referred to as Consultant, a designation reserved, by law, for a person or qualified engineering firm or organization qualified and licensed in the State of Florida to conduct professional engineering services. Field Directive means a written approval for the Contractor to proceed with Work requested by the City or the Consultant, which is minor in nature and should not involve additional cost. Final Completion means the date subsequent to the date of Substantial Completion at which time the Construction Manager has completed all the Work in accordance with the Agreement as certified by the Architect or Engineer of Record or the City and submitted all documentation required by the Contract Documents. Guaranteed Maximum Cost, aka Guaranteed Maximum Price means the sum established by these Contract Documents as the maximum cost to the City of performing the specified Work on the basis of the cost of labor and materials plus overhead expenses, reimbursable expenses, and profit. Inspector means an authorized representative of the City assigned to make necessary inspections of materials furnished, and of the Work performed by the Contractor. Materials mean goods or equipment incorporated in a Project or used or consumed in the performance of the Work. Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 Notice of Award means the letter written to the Contractor by the City, notifying the Contractor that they have been awarded the Contract. Notice to Proceed means a written letter or directive issued by the Director acknowledging that all precedent conditions have been met and directing that the Contractor may begin Work on the Project. Physical Construction Labor Work means the completed construction services required by the Contract Documents, completed through the use of the Contractor's own employees, and excluding all materials, supplies, and equipment incorporated or to be incorporated in such construction. Plans and/or Drawings means the official graphic representations of a Project. Project or Work as used herein refers to all reasonably necessary and inferable construction and services required by the Contract Documents whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the(its) obligations, including completion of the construction in accordance with the Drawings and Specifications. The Work may constitute the whole or a part of the Project. Project Manager ("PM") means the City employee (assigned by the Director) to manage the Project that may include, but is not limited to coordination of design, procurement, and construction activities; assigning management tasks to EOR, CM or CEI (hereby known as designee), establish lines of communication and responsibilities to ensure that the Project is completed in a timely manner. Qualifier means a person whose license is attached to the Contractor's company so that the Contractor is currently able to legally do Work in the State of Florida. The Qualifier is fully responsible for the quality of the Work that is performed by the Contractor. Rain Delay means any day the Construction Work cannot be performed as scheduled due to (a) measurable precipitation of 0.5 inches or more occurring at the project job site during a twenty-four (24) hour period, and (b) such precipitation adversely impacts the Contractor's critical path to complete the applicable Phase. Request for Information ("RFI") means a request from the Bidder seeking an interpretation or clarification relative to the ITB. The RFI, which shall be clearly marked RFI, shall clearly and concisely set forth the issue(s) or item(s) requiring clarification or interpretation and why the response is needed. The RFI must set forth the Bidder interpretation or understanding of the document(s) in question, along with the reason for such understanding. Risk Administrator means the City's Risk Management Administrator, also known as the Director of the Department of Risk Management, or the Director's authorized designee, or the individual named by the City Manager to administer matters relating to insurance and risk of loss for the City. Subcontractor means a person, firm or corporation having a direct Contract with Contractor including one who furnishes material worked to a special design according to the Contract Documents but does not include one who merely furnishes Materials not so worked. Submittal means documents prepared and submitted by the Bidder. Substantial Completion means that point at which the Work is at a level of completion in substantial compliance with the Agreement such that the City can use, occupy, and/or operate the facility in all respects to its intended purpose. Substantial Completion shall not be deemed to have occurred until any and all governmental entities, which regulate or have jurisdiction over the Work, have inspected, and approved the Work. Beneficial use or occupancy shall not be the sole determining factor in determining whether Substantial Completion has been achieved unless a temporary certificate of occupancy has been issued. END OF SECTION Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 SECTION 1 INSTRUCTIONS FOR SUBMISSION 1. Intention of the City It is the intention of the City to describe in this Invitation to Bid ("ITB") the Project to be completed in accordance with all codes and regulations governing all the Work to be performed under this Project. Any Work, materials, or equipment that may reasonably be inferred from the Contract as being required to produce the intended result, shall be supplied by the Contractor whether or not specifically called for. Where words have a well-known technical or trade meaning are used to describe Work, materials, or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals, or codes of any technical society, organization, or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, or laws or regulations in effect at the time of opening of bids and Contractor shall comply therewith. City shall have no duties other than those duties and obligations expressly set forth within the Contract Documents. 2. Scope of Work The Moore Park Gymnasium ("Project") is a new construction development initiative for the City of Miami ("City") at Moore Park ("Park"). The scope of work consists of: ■ Permitting - Obtaining permits from the City of Miami Public Works, Dade County, and/or other regulatory agencies having jurisdiction over the work area before starting the work. The Contractor shall verify the site conditions, including utilities that shall be removed; assess existing conditions; document removable items; evaluate structural risks; and conduct ongoing safety surveys during demolition. ■ Partial Demolition - Demolishing selected portions of the building; removing and disposing of existing utilities and related connections; relocating utilities as needed; and transporting all demolished material to an approved off -site location. Remove and dispose of items except those indicated to be reinstalled, salvaged, or to remain the City's property. Protect construction indicated to remain against damage and soiling during demolition. Comply with governing regulations before starting demolition and comply with hauling and disposal regulations of authorities having jurisdiction. ■ Construction of Moore Park Gym - Furnishing all materials, labor, and equipment necessary for a 15,854-square-foot addition to the existing community center for a new multipurpose sports gymnasium. The Project includes, but is not limited to, the gymnasium, restrooms, storage rooms supporting electrical and information technology ("IT") spaces, and an elevated running track on the second -floor level. The gymnasium space is designed to contain two (2) High School -size basketball courts, side by side, and a National Basketball Association (NBA) -size court superimposed on top of the side -by -side High School courts. The gym should also accommodate volleyball courts and small bleachers and scoreboards. Site improvements include modifications to the existing sidewalks, landscaping around the perimeter of the gym, and parking lot modifications. The Project will have an Art in Public Places component by others, to be coordinated with the Contractor. ■ Close-out Services - Conducting final inspections and punch list completion with the City and design team. Submitting as -built drawings, warranties, operation manuals, and maintenance documentation. Providing training and turnover assistance for City staff. Managing final accounting, lien releases, and warranty period compliance. Supporting the City during project certification, occupancy, and final acceptance phases. Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 3. Location of the Project 765 NW 36th Street, Miami, FL 33127 4. Performance of the Work The Contractor shall self -perform (complete) at least ten percent (10%) of all physical construction labor work for the negotiated construction cost of the entire Project and utilizing its own employees. If the Work is phased, the ten percent (10%) requirement shall apply jointly and severally to each and every phase of the Work. For the avoidance of doubt this means the ten percent (10%) requirement shall apply to each and every phase of the Work. The City reserves the right to request documentary confirmation of this requirement. By submitting a bid, the Bidder certifies that it shall utilize its own employees to meet this requirement. As part of the bid, the Bidder must include, fill out, and submit the form titled/named "Questionnaire." Failure to complete and submit this form, or to meet this requirement, may result in the bid being deemed non -responsive. Where the City determines that the Contractor is deemed as not meeting this requirement during the performance of the Work, then the Contractor shall be in default on the Contract. For the avoidance of doubt, the self -performance requirement shall apply separately to each phase of the Work. 5. Examination of Contract Documents and Site It is the responsibility of each Bidder, before submitting a bid to this ITB, to: a) Carefully review the ITB, including any addenda and notify the City of all conflicts, errors, or discrepancies. b) Visit the site(s) or structure(s) to become familiar with conditions that may affect costs, progress, performance, and furnishing of the Work. c) Take into account federal, state, and local (City and Miami -Dade County including, without limitation, the City Charter and Code, the City Procurement and Zoning Ordinances, and Florida Building Code) and any other applicable codes, laws, regulations, ordinances, and rules that may affect a Bidder's ability to perform the Work. d) Study and carefully correlate Bidder's observations with the requirements of the ITB; and e) Sign and return all required ITB forms as applicable. The submission of a bid to this solicitation shall constitute an incontrovertible representation by Bidder that it shall comply with the requirements of the Contract Documents and that without exception, the response is premised upon performing and furnishing Work required under the Contract Documents and that the Contract Documents are sufficient in detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 6. Addenda Only questions answered via written addenda issued by the City will be binding. Oral and other interpretations or clarifications will be without legal binding effect and should not be relied upon in preparation of a bid response. All questions about the meaning or intent of the Contract Documents are to be directed to the City's Department of Procurement ("Procurement") in writing, to the attention of Anthony Hansen, Sr. Procurement Contracting Manager at AMHansen©miami.gov, with a copy to the Office of the City Clerk at Clerks@miami.gov. Interpretations or clarifications considered necessary by Procurement in response to such questions will be issued by the City by means of an Addendum. All Addenda will be posted on BidNet Direct. Written questions must be submitted through BidNet Direct no later than 5:00 p.m. on March 30, 2026. Late questions will not be considered. Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 7. Bid Submission Bidders shall carefully follow the format and instructions outlined herein, observing format requirements where indicated. Bids should contain the information itemized herein, and in the order indicated, as applicable. Bids submitted without including the information itemized herein may be deemed non- responsive and may not be considered for contract award. All bids shall be submitted through the BidNet Direct platform, and in accordance with Section 1, "Instructions for Submission," no later than the date and time indicated within the ITB, in order to be considered. Faxed documents are not acceptable. Emailed submissions are not acceptable. Hardcopy submissions are not acceptable. Bids must be submitted timely through BidNet Direct, or the Bid will be disqualified. Untimely or misdelivered Bids will not be considered. NO EXCEPTIONS. 8. Bid Guaranty All bids shall be accompanied by either an original Bid Bond executed by a surety transacting business in Florida meeting the requirements of the City, or by cash, money order, certified check, cashier's check, Unconditional/Irrevocable Letter of Credit by a bank transacting banking business in Florida. The payment must be issued to the City of Miami by certified check, treasurer's check, or bank draft of any national or state bank (United States) (excluding personal checks), in the amount of five percent (5%) of the total bid amount (payable to City), and conditioned upon Contractor executing the Contract and providing the required Performance and Payment Bond and evidence of required insurance within fourteen (14) calendar days after notification of award of the Contract. Personal checks will not be accepted. The time for execution of the Contract and provision of the Performance and Payment Bond and Certificate(s) of Insurance may be extended for a duration not exceeding thirty (30) calendar days at the City's sole and absolute discretion. Bid Securities of the unsuccessful Bidders will be returned, if requested, after award of the Contract. Security of the Contractor shall be forfeited to the City as liquidated damages and not as a penalty, for the cost and expense incurred should said Contractor fail to execute the Contract and provide the required Performance Bond and Payment Bond. Any form of Bid Guaranty shall be in a form acceptable to the City's Risk Management Administrator and the City Attorney, as to legal form. 9. Preparation of Bid All bids shall be prepared utilizing the blank City forms provided herein and herewith. The bid must be signed and acknowledged by the Bidder, in accordance with the directions on the ITB. Failure to utilize the City's forms, or fully complete said forms, may result in the bid being deemed non -responsive. ■ The Bidder shall be considered non -responsive if its bid is conditioned on modifications, changes, or revisions to the terms and conditions of the ITB. ■ The bid is to include the furnishing of all labor, materials, overhead expense and profit, equipment including, but not limited to, tools, services, permit fees, applicable taxes, overhead, and profit for the completion of the Work except as may be otherwise expressly provided in the Contract Documents. ■ Joint venture firms must complete and submit with the bid, the form titled "Information for Determining Joint Venture Eligibility" (Form A) and submit a copy of the formal agreement between all joint -venture parties. This joint venture agreement must indicate their respective roles, responsibilities, and levels of participation in the Project. Failure to submit Form A, along with an attached written copy of the joint venture agreement, may result in disqualification of the bid. All joint venture firms must meet the requirements stipulated in the Florida Statutes. 10. Pre -Bid Conference A voluntary Virtual Pre -Bid Conference is scheduled for March 23, 2026, at 11:00 a.m. EST, at the following Microsoft Teams meeting link, or via phone at +1 786-598-2961, Conference 498 741 90#, to Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 discuss the terms and conditions of this ITB. Any Bidders not attending the Pre -Bid Conference will not be precluded from submitting a bid. A Voluntary Site Visit has been scheduled for March 26, 2026, at 11:00 a.m. EST, to allow potential bidders to avail themselves of the site conditions. 11. Postponement of Bid Opening Date The City reserves the right to postpone the date for receipt and opening of bid submissions and will make a reasonable effort to give at least three (3) calendar days' notice, whenever practicable, of any such postponement to prospective Bidders. 12. Acceptance or Rejection of Bids The City reserves the right to reject any or all bids prior to award, to re -advertise for bids, and to not award any Contract, in the reasonable discretion of the City. The City reserves the right to waive any minor or non -material technicality, informality, variance, deviation, mistake, omission, or the like up to or prior to award of the Contract. Reasonable efforts will be made to either award the Contract or reject all bids within ninety (90) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally, nor change the price before the expiration of one hundred eighty (180) calendar days from the date of bid opening. A Bidder may withdraw its bid after the expiration of one hundred eighty (180) calendar days from the date of bid opening by delivering written notice of withdrawal to the Department of Procurement prior to award of the Contract by the City Commission. 13. Environmental Regulations The City reserves the right to consider a Bidder's history of citations and/or violations of environmental or similar laws, codes, and regulations (Regulations) in determining a Bidder's responsibility, and further reserves the right to declare a Bidder not responsible if the history of violations warrant such determination in the opinion of the City. The Bidder shall submit with its bid a complete history of all citations and/or violations, notices, and dispositions thereof. The non -submission of any such documentation shall be deemed an affirmation by the Bidder that there are no citations or violations. Bidders shall notify the City immediately of notice of any citation or violation, which Bidder may receive after the submittal opening date and during performance of the Work under this Contract. 14. Bid Award The City will issue the award of the Contract to the lowest responsive and responsible Bidder. The City may require demonstration of competency and, at its sole and absolute discretion, may conduct site visits, and require the Bidder to furnish documentation and/or require the Bidder to attend a meeting to determine the Bidder's qualifications and ability to meet the terms and conditions of this Contract. The City shall consider, but not be limited to, such factors as financial capability, labor force, equipment, knowledge, and experience of the trade Work to be performed, the quantity of Work being performed, and past performance on City Projects by the Bidder. The Bidder must be able to demonstrate a good record of performance and have sufficient financial resources to ensure that it can satisfactorily provide the goods and/or services required herein. The City, at its sole discretion, may determine a Bidder to be non -responsible where the Bidder has failed to perform in accordance with other Contracts with the City, any City agency or instrumentality. Any Bidder who, at the time of submission is involved in an ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the Bidder under federal bankruptcy law or any state insolvency, or who is indebted to the City, and City agency or instrumentality, may be declared non- responsive. Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 Any Bidder who may have filed a lawsuit against the City, or where the City has filed a lawsuit related to the Bidder and any City contract or won a court judgment against the Bidder, or if the Bidder is indebted to the City, or if the Bidder fails to disclose all material facts fully and completely OR TRUTHFULLY ANSWER QUESTIONS OR REQUESTS FOR INFORMATION, may be declared non -responsive. City for these purposes shall include any City agency or instrumentality. 15. Bid Protest Any actual or prospective contractual party who feels aggrieved in connection with the solicitation or award of a Contract may protest in writing to the Chief Procurement Officer, in accordance with the procedures contained in Section 18-104, City Code "Resolution of Protested Solicitations and Awards," as amended, of the City Code, Ordinance No. 12271 (the City of Miami Procurement Ordinance codified in Chapter 18, Article III, Section 18-104, City Code) describing the protest procedures. Protests failing to meet all the requirements for filing shall NOT be accepted. Failure of a party to file a timely protest shall constitute a forfeiture of such party's right to file a protest. NO EXCEPTIONS WILL BE MADE TO THIS REQUIREMENT. 16. Cone of Silence Pursuant to Section 18-74 of the City of Miami Procurement Code, a codification of Miami Ordinance No. 12271, a "Cone of Silence" is imposed upon this ITB after advertisement and terminates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence prohibits any verbal communications regarding this ITB. Any communication concerning this ITB must be submitted in writing to Procurement at AMHansen@miami.gov. Written communications may be in the form of e-mail or other written communication, with a copy delivered to the Office of the City Clerk at Clerks@miami.gov. The delivery to the City Clerk of a copy is required to avoid any violation of the "Cone of Silence." This language is only an overview of the requirements of the Cone of Silence. Please review Section 18- 74 of the City's Procurement Code for a complete and thorough description of the Cone of Silence. Bidders may also contact the Office of the City Clerk at (305) 250-5360, to obtain a copy. 17. Public Entity Crime A person or affiliate who has been placed on the convicted Bidder list following a conviction for a public entity crime may not submit a bid on a Contract to provide any goods or services to a public entity, may not submit a Response on a Contract with a public entity for the construction or repair of a public building or Public Works project, may not submit a Response on a lease of real property to a public entity, may not be awarded or perform Work as a Contractor, supplier, Subcontractor, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of Florida Statutes for Category Two for a period of thirty-six (36) months from the date of being placed on the convicted Bidder List. 18. Fraud and Misrepresentation Any individual, corporation, or other entity that attempts to meet its contractual obligations with the City through fraud, misrepresentation, or material misstatement, or omission of any material fact, may be debarred for up to five (5) years in accordance with the applicable provisions of the City Code. The City as a further sanction may terminate or cancel any other Contracts with such individual, corporation, or entity. Such individual or entity shall be responsible for all direct or indirect costs associated with termination or cancellation. 19. Collusion Where two (2) or more related parties, as defined herein, each submit a bid to an ITB, such submissions shall be presumed to be collusive. The foregoing presumption may be rebutted by the presentation of evidence as to the extent of ownership, control, and management of such related parties in preparation Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 and submission under such ITB. Related parties shall mean employees, officers, or the principals thereof which have a direct or indirect ownership interest in another firm or in which a parent company or the principals thereof of one Bidder have a direct or indirect ownership interest in another Bidder, for the same Project. Bids found to be collusive, or related as provided above, shall be rejected. 20. Contractor in Arrears or Default The Bidder represents and warrants that the Bidder is not in arrears to the City, City agency, or instrumentality, and is not a default as a Contractor, Vendor, Provider, or whose default has not been fully cured by the Bidder's surety or otherwise upon any obligation to the City. In addition, the Bidder warrants that the Bidder has not been declared "not responsible" or "disqualified" by, suspended, or debarred from doing business with any state or local government entity in the State of Florida, the Federal Government, or any other State/local governmental entity in the United States of America, nor is there any proceeding pending pertaining to the Bidder's responsibility or qualifications to receive public agreements. The Bidder considers this warrant as stated in this Article to be a continual obligation and shall inform the City of any change during the term of the Contract. The City shall not consider, and shall deem as non -responsible, bids submitted by Bidders where the City has determined that the Bidder is in monetary arrears, or otherwise in debt or in default to the City, at the time and date bids are due. Bidders shall not have a member, principal, officer, or stockholder who is in arrears or in default of any debt or contract involving the City, is a defaulter on surety upon any obligation to the City, and/or has failed to perform faithfully any contract with the City. 21. Cancellation of ITB The City reserves the right to cancel, in whole or in part, any ITB when it is in the best interest of the City. This determination will be at the discretion of the City and there will be no recourse to such cancellation. END OF SECTION REMAINDER OF PAGE INTENTONALLY LEFT BLANK Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 SECTION 2 ITB GENERAL TERMS AND CONDITIONS 1. Time is of the Essence Contractor will promptly perform its duties under the Contract and will give the Work as much priority as is necessary to cause the Work to be completed on a timely basis in accordance with the Contract Documents. All Work shall be performed strictly (not substantially) within the time limitations necessary to maintain the critical path and all deadlines established in the Contract Documents. Time is of the essence in the performance of the Work. All dates and periods of time set forth in the Contract Documents, including those for the commencement, prosecution, interim milestones, milestones, and completion of the Work, and for the delivery and installation of materials and equipment, were included because of their importance to the City. The Contractor acknowledges and recognizes that the City is entitled to full and beneficial occupancy and use of the completed Work following expiration of the Contract Time. In agreeing to bear the risk of delays for completion of the Work except for extensions approved in accordance with Article 71, "Excusable Delay, Non-Compensable," the Contractor understands that, except and only to the extent provided otherwise in the Contract Documents, the occurrence of events of delay within the Contractor's control, the Work shall not excuse the Contractor from its obligation to achieve full completion of the Work within the Contract Documents Time, and shall not entitle the Contractor to an adjustment. All parties under the control or Contract with the Contractor shall include but are not limited to material persons and laborers. The Contractor acknowledges that the City is purchasing the right to have the Contractor continuously working at the Project site(s) for the full duration of the Project to ensure the timely completion of the Work. 2. Contract Term The Contract shall commence upon issuance of the Notice of Proceed ("NTP"), which shall be issued subsequent to the execution of the Contract by the City. The Contract shall terminate upon notice by the City that the Contract has been closed out after final completion or otherwise terminated by the City pursuant to the terms and conditions herein set forth. 3. Contract Price and Guaranteed Maximum Cost/Guaranteed Maximum Price The total bid amount shall be the Contract Price, also known as Guaranteed Maximum Cost ("GMC") of the Project, which means the maximum cost of the Work including labor, materials, equipment, supplies, overhead expenses, and profit. The City will not be liable for payment of any amount in excess of the GMC unless the City Commission has approved a Project contingency or has approved a prior amendment to the Contract, setting forth an additional amount due to Owner requested changes or its equivalent. If the term Guaranteed Maximum Price ("GMP") is used in this Agreement, it shall have the same definition as GMC, defined above. Contractor represents, warrants, and guarantees to the City that Contractor shall completely, timely, and properly perform the Work and all of its obligations under the Contract, in accordance therewith, for the Contract Price to be agreed upon by the parties. This Contract Price shall constitute a GMC/GMP to the Owner for performing the Work inclusive of labor, materials, equipment, supplies, and any allowable overhead and profit. The Owner shall, absent a prior Amendment with compelling cause approved as an Amendment to this Agreement, have no liability or obligation to pay any amount in excess of the stated Contract Price and Contractor shall have no recourse in that respect except to seek an Amendment to the Agreement. All costs in excess of the Contract Price shall be paid solely by Contractor without reimbursement or additional compensation from Owner. Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 4. Notices Whenever either party desires to give written notice unto the other relating to the Contract, such must be addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this Article. Notice shall be deemed given on the date received or within three (3) calendar days of mailing, if mailed through the United States Postal Service. Notice shall be deemed given on the date sent via e- mail or facsimile. Notice shall be deemed given via courier/delivery service upon the initial delivery date by the courier/delivery service. For the present, the parties designate the following as the respective places for giving of notice: For City of Miami: James Reyes, City Manager City of Miami 444 SW 2nd Avenue - 10t" Floor Miami, FL 33130-1910 Email: JaReyes@miami.gov Phone: 305-416-1025 Annie Perez, CPPO, Director/Chief Procurement Officer Department of Procurement City of Miami 444 SW 2nd Avenue - 6111 Floor Miami, FL 33130-1910 Email: AnniePerez@miami.gov Phone: 305-416-1922 George K. Wysong III, City Attorney City Attorney's Office City of Miami 444 SW 2nd Avenue - 9t" Floor Miami, FL 33130-1910 Email: GWysonq@miami.gov Phone: 305-603-6110 With Copies to: Jose R. Perez, AIA, Director Office of Capital Improvements City of Miami 444 SW 2nd Avenue - 8t" Floor Miami, FL 33130-1910 Email: JRPerez@miami.gov Phone: (305) 416-1225 For Contractor: Full Name of Authorized Representative Title of Authorized Representative Company Name Mailing Address City, State, Zip Code E-mail Address Phone Number Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 During the Work, the Contractor shall maintain continuing communications with Consultant and the Project Manager. The Contractor shall keep the City fully informed as to the progress of the Project at all times through ongoing communications with the Project Manager. The Contractor shall notify the Miami Police Department and Fire Department about the construction schedule(s). The Contractor is required to obtain a current list of contact persons and phone numbers from Emmanuel Oyedepo at (305) 416-1039, or via email at EOyedepo©miami.gov. Mr. Oyedepo is the City of Miami's Project Manager assigned to this Project. The Contractor must notify residents living within five hundred (500) feet of the Project in writing as least one (1) week prior to commencing Work in the general area. A copy of such notices will be provided to the Project Manager. 5. Priority of Provisions All Work shall be constructed in accordance with the latest edition of the City of Miami's Contract Documents and Specifications, the City of Miami's Standards for Design and Construction, Miami -Dade County's Standards Details, and the 2025 Edition of the Florida Department of Transportation Specifications Road and Bridge Construction, as applicable. If there is a conflict or inconsistency between any term, statement requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into the Contract Documents by reference and a term, statement, requirement, the specifications and plans prepared by the Consultant, or provision of the Contract Documents the following order of precedence shall apply: In the event of conflicts in the Contract Documents, the priorities stated below shall govern: ■ Revisions to the Contract shall govern over the Contract. ■ The Contract Documents shall govern over the Contract; and ■ Addenda to an ITB shall govern over the ITB. In the event of conflicts within the Contract Documents, the priorities stated below shall govern: ■ Scope of Work and Specifications shall govern over plans and drawings. ■ Schedules, when identified as such, shall govern over all other portions of the plans. ■ Specific notes shall govern over all other notes, and all other portions of the plans, unless specifically stated otherwise. ■ Larger scale drawings shall govern over smaller scale drawings. ■ Figured or numerical dimensions shall govern over dimensions obtained by scaling; and ■ Where provisions of codes, manufacturer's specifications or industry standards are in conflict, the more restrictive or higher quality shall govern. 6. Indemnification Contractor shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, and/or employees, and any involved City agencies and instrumentalities, from all liabilities, damages, losses, judgements, expenses, fees, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of or breach of this Contract by Contractor and persons employed or utilized by Contractor in the performance of this Contract. Contractor shall further, hold the City, its officials and employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or employees against any civil actions, statutory actions, administrative or regulatory proceedings, or similar claims, liabilities, injuries or damages (including court costs and reasonable Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 attorney's fees) arising or resulting from the permitted Work and/or failure to comply with applicable contractual duties of the Contractor or codes, laws, rules, licenses, permits, and regulations in performance of the work, unless it is alleged that the City, its officials, and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such action, claim or demand, the Contractor shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Contractor shall in no way limit the responsibility to indemnify, keep, and save harmless and defend the City or its officers, employees, agents, agencies, and instrumentalities herein provided. The indemnification provided above shall obligate the Contractor to indemnify, hold harmless, and a duty to defend, at its own expense, to and through trial, administrative, regulatory, appellate, supplemental, mediation, arbitration, or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Contractor, or persons employed, supervised, or utilized by Contractor. These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Contractor shall require all sub -Contractor agreements to include a provision that each sub -Contractor will indemnify, hold harmless and defend the City in substantially the same language as this Section. The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Contractor in which the City participated either through review or concurrence of the Contractor's actions. In reviewing, approving, or rejecting any submissions by the Contractor or other acts of the Contractor, the City, in no way, assumes, or shares any responsibility or liability of the Contractor or sub- Contractor under this Contract. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Contractor. 7. Insurance Without limiting any of the other obligations or liabilities of Contractor, Contractor shall provide, pay for, and maintain in force until all of its Work to be performed under this Contract has been completed and accepted by City (or for such duration as is otherwise specified hereinafter), the insurance coverage's set forth herein. 7.1 Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence General Aggregate Limit Products/Completed Operations Personal and Advertising Injury B. Endorsements Required City of Miami listed as an Additional Insured Contingent and Contractual Liability Primary Insurance Clause Endorsement $1,000,000 $2,000,000 $1,000,000 $1,000,000 Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 7.2 Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto Including Hired, Borrowed or Non -Owned Autos Any One Accident $1,000,000 B. Endorsements Required The City of Miami is listed as an additional insured. 7.3 Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of subrogation 7.4 Employer's Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident. $100,000 for bodily injury caused by disease, each employee. $500,000 for bodily injury caused by disease, policy limit. 7.5 Payment and Performance Bond The City of Miami must be listed as an Obligee. The City of Miami must be listed as additional insured. The above policies shall provide the City of Miami with written notice of cancellation in accordance with policy provisions. Companies issuing all insurance policies required above must be authorized to do business in the State of Florida and must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. The City reserves the right to request copies of all insurance policies associated with this agreement, including any, and all applicable policy endorsements. The above policies shall provide the City with written notice of cancellation or material change from the insurer not less than thirty (30) calendar days prior to any such cancellation or material change. If the initial insurance expires prior to the completion of the Work, renewal copies of policies shall be furnished at least thirty (30) calendar days prior to the date of their expiration. The Contractor shall furnish to Procurement the Certificates of Insurance or endorsements evidencing the insurance coverage specified above within fifteen (15) calendar days after notification of award of the Contract. The required Certificates of Insurance shall name the types of policies provided, refer specifically to this Contract, and state that such insurance is as required by this Contract. The official title of the Owner is the City of Miami, Florida. This official title shall be used in all insurance documentation. The City shall be listed as an additional insured where applicable. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above to the Contractor: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. The Risk Administrator or their authorized designee reserves the right to require modifications, increases, or changes in the required insurance requirements, coverage, deductibles, or other insurance obligations by providing a thirty (30) calendar day written notice to the Contractor in accordance with Section 2, General Terms and Conditions, Article 4, "Notices." The Contractor shall comply with such requests unless the insurance coverage is not then readily available in the national market. An additive or deductive change order will be issued to adjust the Contract value, as necessary. For insurance bonding issues and decisions, the City shall act through its Risk Administrator (unless otherwise stated). 8. Performance and Payment Bond Where required by the Contract Documents or by Florida Statutes, the Contractor shall, within fourteen (14) calendar days of being notified of award, furnish a Performance/Payment Bond ("Bond") containing all the provisions of the attached Performance/Payment forms. Each Bond shall be in the amount of one hundred percent (100%) of the Contract value at award, including any dedicated and/or Owner's Contingency allowances, guaranteeing to City the completion and performance of the Work covered in the Contract Documents, as well as full payment of all suppliers, laborers, or Subcontractors employed pursuant to this Project. Each Bond shall be with a surety, which is qualified pursuant to Article 9, "Qualification of Surety." Each Bond shall continue in effect for one year after Final Completion and acceptance of the Work with liability equal to one hundred percent (100%) of the Contract value at award, including any dedicated and/or Owner's Contingency allowances, or an additional bond shall be conditioned that Contractor will, upon notification by the City, correct any defective or faulty Work or materials which appear within one year after Final Completion of the Project. The City must be listed as an Obligee. Pursuant to the requirements of Section 255.05(1), Florida Statutes, as amended from time to time, Contractor shall ensure that the Bond(s) referenced above shall be recorded in the public records and provide the City with evidence of such recording. Each bond shall substantially conform to the requirements of Section 255.05, Florida Statutes, and will be in a form acceptable to the Risk Management Administrator. Alternate Form of Security: In lieu of a Performance/Payment Bond, Contractor may furnish alternate forms of security, which may be in the form of cash, money order, certified check, cashier's check, or unconditional letter of credit in the form attached. Such alternate forms of security shall be subject to the prior approval of the City and for same purpose and shall be subject to the same conditions as those applicable above and shall be held by the City for one year after completion and acceptance of the Work. 9. Qualification of Surety Bid Bonds, Performance/Payment Bonds over Two Hundred Thousand Dollars ($200,000) must be executed by a surety company with a rating of (A-) and based on the Financial Size Category of (VII). The surety company must be of recognized standing, authorized to do business in the State of Florida as surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. Payment / Performance Bonds shall be in the amount of one hundred percent (100%) of the contract value at award, including any dedicated allowance account and/or Owner's Contingency Allowance, and shall be in substantially the form provided by Section 255.05, Florida Statutes. The Surety shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with United States Department of Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the Surety shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the Surety shall provide the City with evidence satisfactory to the City, that such excess risk has been protected in an acceptable manner. 10. General Requirements The employee(s) of the Contractor shall be considered to be at all times its employee(s), and not an employee(s) or agent(s) of the City or any of its departments. The Contractor shall, at all times, employ, maintain, and assign to the performance of a Project a sufficient number of competent and qualified professionals and other personnel to meet the requirements of the Work to be performed. The Contractor shall adjust staffing levels or to replace any staff if so, requested by the Project Manager, should the Project Manager make a determination that said staffing is unacceptable or that any individual is not performing in a manner consistent with the requirements for such a position. The Contractor represents that its staff has the proper skills, training, background, knowledge, experience, rights, authorizations, integrity, character, and licenses as necessary to perform the Work, in a competent and professional manner. The Contractor shall provide temporary facilities and controls necessary to perform the Work and to ensure safe and proper access and use of the site by the City. Any such specific requirements will be included in the Technical Specification portion of the ITB. The Contractor shall, at all times, cooperate with the City and coordinate its respective Work efforts to progress the performance of the Work most effectively and efficiently. The City shall have full access to the Project site(s) at all times. The Contractor shall be responsible for the good condition of the Work or materials until formal release from his obligations under the terms of the Contract Documents. The Contractor shall bear all losses resulting to it on account of the amount or character of the Work, or the character of the ground, being different from what he anticipated. The Contractor shall at all times conduct the Work in such manner and in such sequence as will ensure the least practicable local interference. The Contractor shall not open up Work to the prejudice of Work already started, and the City may require the Contractor to finish a section on which Work is in progress before Work is started on any additional section. The Contractor is to take necessary precautions and use caution when working in or around overhead transmission lines and underground utilities. The apparent silence of the Contract Documents as to any detail, or the apparent omission from them of a detailed description concerning any Work to be done and materials to be furnished, shall be regarded as meaning that only best practices are to prevail, and only materials and workmanship of the best quality are to be used in the performance of the Work. 11. Method of Performing the Work If the City reasonably determines the rate of progress of the Work is not such as to ensure its completion within the designated completion time, or if, in the opinion of the City, the Contractor is not proceeding with the Work diligently or expeditiously or is not performing all or any part of the Work according to the Project schedule accepted by or determined by the City, the City shall have the right to order the Contractor to do either or both of the following: (1) improve its work force; and/or (2) improve its performance in accordance with the schedule to ensure completion of the Project within the specified time. The Contractor shall immediately comply with such orders at no additional cost to the City. The City at its sole option may also have Work performed by a third -party Contractor and deduct such cost from any monies due to the Contractor. Where materials are transported in the performance of the Work, vehicles shall not be loaded beyond the capacity recommended by the vehicle manufacturer or permitted by Federal, State, or local law(s). When it is necessary to cross curbing or sidewalks, protection against damage shall be provided by the Contractor and any damaged curbing, grass areas, sidewalks, or other areas shall be repaired at the expense of the Contractor to the satisfaction of the City. The Contractor is responsible for controlling dust and preventing Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 it from becoming a public nuisance or causing off -site damage. The Contractor shall take all necessary and prudent measures to control dust. The Contractor shall furnish to the City a complete listing of twenty-four (24) hour telephone numbers at which responsible representatives of the Contractor and all of the Contractor's Subcontractors can be reached should the need arise at any time. 12. Work Staging and Phasing The Work to be performed shall be done in such a manner so as not to interfere with the normal City operations of the Project site or facility. The way the Work is performed shall be subject to the approval of the City, who, if necessary, shall have the authority to require changes in the way the Work is performed. There shall be no obstruction of City services without the prior written approval of the City. All requests for such interruption or obstruction must be given in writing to the City at least twenty-four (24) hours in advance of the interruption of City operations. The Contractor shall familiarize itself with normal City operations where the Work is to be performed so that it can conduct the Work in the best possible manner to the complete satisfaction of the City. A staging plan must be submitted to and approved by the City prior to the start of construction and issuance of the Notice to Proceed. Such staging plan shall be revised and resubmitted as necessary during construction. As noted above, self -performance, local workforce participation, and all other similar requirements will apply jointly and severally to each phase, stage, or incremental portion of the work. 13. Site Investigation and Representation The Contractor acknowledges that it has satisfied itself as to the nature and location(s) of the Work under the Contract Documents, the general and local conditions, particularly those bearing upon availability of transportation, disposal, handling and storage of materials, availability of labor, water, electric power, and roads, the conformation and conditions at the ground based on City provided reports, the type of equipment and facilities needed preliminary to and during the performance of the Work and all other matters which can in any way affect the Work or the cost thereof under the Contract Documents. The Contractor further acknowledges that it has satisfied itself based on any geotechnical reports the City may provide and inspection of the Project site(s) as to the character, quality, and quantity of surface and subsurface materials to be encountered from inspecting the site and from evaluating information derived from exploratory Work that may have been done by the City or included in this Contract Documents. Contractor should examine the soil conditions at the Project site to determine if any special shoring, sheeting, or other procedures are necessary to protect adjacent property during excavation of subsoil materials or during filling of any area(s), or for any operation during the performance of the Work. Any failure by the Contractor to acquaint itself with all the provided information and information obtained by visiting the Project site(s) will not relieve Contractor from responsibility for properly estimating the difficulty or cost thereof under the Contract Documents. In the event that the actual subsurface conditions vary from the actual City provided reports the Contractor shall notify the City and this Contract Documents amount may be adjusted up or down depending on the conditions. 14. Contractor to Check Plans, Specifications, and Data Contractor shall verify all dimensions, quantities and details shown on the plans, specifications, or other data received from the City as part of the Contract Documents, and shall notify the City of all errors, omissions, and discrepancies found therein within three (3) calendar days of discovery. The Contractor will not be allowed to take advantage of any error, omission, or discrepancy, as full instructions will be furnished by the City. Contractor shall not be liable for damages resulting from errors, omissions, or discrepancies in the Contract Documents unless Contractor recognized such error, omissions, or discrepancy and knowingly failed to report it to the City. Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 15. Contractor's Responsibility for Damages and Accidents Contractor shall accept full responsibility for Work against all losses or damages of whatever nature sustained until Final Acceptance by City, and shall promptly repair or replace, at no additional cost to the City, and to the satisfaction of the Project Manager, any Work, materials, equipment, or supplies damaged, lost, stolen, or destroyed from any cause whatsoever. Lawn Areas: All lawn areas disturbed by construction shall be replaced with like kind to a condition similar to or equal to that existing before construction. Where sod is to be removed, it shall be carefully removed, and the same re -sodded, or the area where sod has been removed shall be restored with new sod in the manner described in the applicable section. Any fence, or part thereof, that is damaged or removed during the course of the Work shall be replaced or repaired by the Contractor and shall be left in as good a condition as before the start of the Work. Where fencing, walls, shrubbery, grass strips, or area must be removed or destroyed, incident to the construction operation, the Contractor shall, after completion of the Work, replace or restore to the original condition all such destroyed or damaged landscaping and improvements. 16. Accidents The Contractor shall provide such equipment and facilities as are necessary or required, in the case of accidents, for first aid service to person who may be injured during the Project duration. The Contractor shall also comply with the Occupational Safety Health Act ("OSHA") requirements as defined in the United States Labor Code 29 Code of Federal Regulations ("CFR") 1926.50. In addition, the Contractor must report immediately to the City every accident to persons or damage to property, and shall furnish in writing full information, including testimony of witnesses regarding any and all accidents. 17. Safety Precautions The Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: ■ All employees on the Project site(s) and other persons who may be affected thereby. ■ All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the Project site(s); and ■ Other property at the Project site(s) or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. The Contractor shall designate a responsible member of its organization at the Project site(s) whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the City. The Contractor shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. The Contractor shall notify owners of adjacent property and utilities when prosecution of the Work may affect them. All damage, injury, or loss to any property caused directly or indirectly, in whole or in part, by Contractor, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by Contractor. The Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and the City has issued the Contractor a notice of Final Acceptance. Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 The Contractor must adhere to the applicable environmental protection guidelines for the duration of a Project. If hazardous waste materials are used, detected, or generated at any time, the Project Manager must be immediately notified of each and every occurrence. The Contractor shall comply with all codes, ordinances, rules, orders, and other legal requirements of public authorities including the Occupational Safety and Health Administration ("OSHA"), Environmental Protection Agency ("EPA"), the Department of Environmental Resources Management ("DERM"), the City, Miami -Dade County, State of Florida, and Florida Building Code, which bear on the performance of the Work. The Contractor shall take the responsibility to ensure that all Work is performed using adequate safeguards, including but not limited to proper safe rigging, safety nets, fencing, scaffolding, barricades, chain link fencing, railings, barricades, steel plates, safety lights, and ladders that are necessary for the protection of its employees, as well as the public and City employees. All riggings and scaffolding shall be constructed with good sound materials, of adequate dimensions for their intended use, and substantially braced, tied, or secured to ensure absolute safety for those required to use it, as well as those in the vicinity. All riggings, scaffolding, platforms, equipment guards, trenching, shoring, ladders and similar actions or equipment shall be OSHA approved, as applicable, and in accordance with all federal state and local regulations. All open trenches or holes shall be properly marked and barricaded to assure the safety of both vehicular and pedestrian traffic. No open trenches or holes are to be left open during nighttime or non -working hours without the prior written approval of the Project Manager. If an emergency condition should develop during a Project, the Contractor must immediately notify the Project Manager of each and every occurrence. The Contractor should also recommend any appropriate course(s) of action to the Project Manager. 18. Occupational Safety and Health In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code ("FAC") delivered as a result of a Project must be accompanied by a Material Safety Data Sheet (MSDS), which may be obtained from the manufacturer. The MSDS must include the following information: ■ The chemical name and the common name of the substance. ■ The hazards or other risks in the use of the substance, including: » The potential for fire, explosion, corrosion, and reaction. » The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the substance; and » The primary routes of entry and symptoms of overexposure. ■ The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the substances, including appropriate emergency treatment in case of overexposure. ■ The emergency procedure for spills, fire, disposal, and first aid. ■ A description in lay terms of the known specific potential health risks posed by the substance intended to alert any person reading this information. ■ The year and month, if available, in which the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. 19. Labor and Materials Unless otherwise provided herein, Contractor shall provide and pay for all materials, labor, water, tools, equipment, supplies, light, power, internal communications, transportation and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 Contractor shall at all times enforce strict discipline and good order among its employees and Subcontractors at the Project site(s) and shall not employ on the Project any unfit person or anyone not skilled in the Work to which they are assigned. 20. Rules, Regulations, Laws, and Licenses The Contractor shall comply with all laws, rules, regulations, permits, codes, public agency or similar required consents and approvals relative to the provision of services, equipment, supplies and/or materials specified in the Contract Documents, including without limitation those imposed by the federal, state, county or city agencies having jurisdiction over the matter. The Contractor, its agents, Subcontractors, and representatives shall be familiar with and comply with all federal, state, and local laws, rules, regulations, and approvals that may affect the Work, goods, and/or services offered. 21. Consultant Services The City, at its sole discretion, may hire a Consultant who shall serve as the City's Representative for the Project to be performed under the Contract Documents. The Contract Documents will state that a City's representative has been contracted with for the management of the Work under the Contract Documents and who will be the lead point of contact, the Consultant, or the Project Manager. Where a Consultant has been identified, the Consultant and the Project Manager will have authority to act on behalf of the City to the extent provided in the Contract Documents and as outlined in Article 24, "Authority of the Project Manager." On the basis of the on -site observations, the Consultant will keep the Project Manager informed of the progress of the Work. In the capacity of interpreter, the Consultant will exercise the best efforts to ensure faithful performance by both the Project Manager and the Contractor and will not show partiality to either. The Project Manager will assist the Consultant in conducting inspections to determine the date or dates of Substantial Completion and Final Acceptance and will receive and review written warranties and related documents required by the Contract and the Contract Documents. The Consultant will be responsible for receiving all documentation for review and acceptance. Upon acceptance, such documentation will be forwarded to the Project Manager. The Project Manager, in conjunction with the Consultant, will approve Schedules of Values, Project Schedules, Subcontractors, and invoices. The City may contract for additional Consultant services, including but not limited to construction examination and observation services. Such services are intended to be additional services and should not be construed to supplant or alter the role and responsibilities of the Consultant. In case of the termination of employment of the Consultant, the City may, at its sole discretion, appoint another Consultant, whose status under the Contract shall be as that of the terminated Consultant. 22. Project Management Where a Contractor is awarded Work, the Contractor shall be responsible for all Project management, including any and all subcontracts necessary to ensure that the Work is performed in accordance with the Contract Documents. Project Management shall include, but is not limited to, obtaining bids from Subcontractors and suppliers; coordinating the securing of all permits; obtaining licenses and inspections; ensuring that Subcontractors comply with all City requirements; performing the Work in accordance with the Contract Documents to the satisfaction of the Project Manager; paying all Subcontractors; obtaining release of liens/claims fees; and obtaining temporary and final Certificates of Occupancy or Completion. 23. Superintendence and Supervision The orders of the City are given by the Consultant or the Project Manager, which instructions are to be strictly and promptly followed in every case. Contractor shall keep on the Project during its progress, a full- time, competent, English-speaking superintendent, and any necessary assistants, all -satisfactory to the Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 Project Manager. The superintendent shall not be replaced except with the written consent of the Project Manager, unless the superintendent proves to be unsatisfactory to the Contractor and ceases to be in Contractor's employment. The superintendent shall represent the Contractor, and all directions given to the superintendent shall be as binding as if given to Contractor and will be confirmed in writing by the Project Manager upon the written request of Contractor. Contractors shall give efficient supervision of the Work, using Contractor's best skills and attention. The Project Manager shall be provided with telephone number(s) for the superintendent, where the superintendent can be contacted during normal working hours as well as after hours for emergencies. On Projects in excess of thirty (30) calendar days, the Contractor's superintendent shall record, at a minimum, the following information in a bound log: the day; date; weather conditions and how any weather conditions affected progress of the Work; time of commencement of Work for the day; the Work being performed; materials, labor, personnel, equipment and Subcontractors at the Project site(s); visitors to the Project site, including regulatory representatives the City; any special or unusual conditions or occurrences encountered; and the time of termination of Work for the day. All information shall be recorded in the daily log in indelible ink. The daily log shall be kept on the Project site(s) and shall be available at all times for inspection and copying by the Project Manager and Consultant. The Project Manager, Contractor, Construction Manager, CEI, and Consultant shall meet at least every two (2) weeks or as otherwise determined by the Project Manager, during the course of the Work to review and agree upon the Work performed and outstanding issues. The Contractor shall publish, keep, and distribute minutes and any comments thereto of each such meeting. If Contractor, in the course of performing the Work, finds any discrepancy between the Contract Documents and the physical conditions of the locality, or any errors, omissions, or discrepancies in the Plans, it shall be the Contractor's duty to inform the City immediately, in writing, and the City will promptly review the same. Any Work done after such discovery, until authorized, will be done at Contractor's sole risk. Contractors shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. The Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. All Work, including trade Work shall be performed and supervised by persons properly licensed for the Work being performed. 24. Authority of the Project Manager The Director hereby authorizes the Project Manager designated in the Contract Documents to determine, all questions of any nature whatsoever arising out of, under or in connection with, or in any way relating to or on account of the Work, and questions as to the interpretation of the Work to be performed under this Contract Documents. The Contractor shall be bound by all determinations or orders of the Project Manager and shall promptly respond to requests of the Project Manager, including the withdrawal or modification of any previous order, and regardless of whether the Contractor agrees with the Project Manager's determination or requests. Where requests are made orally, the Project Manager will follow up in writing, as soon thereafter as is practicable. The Project Manager shall have authority to act on behalf of the City to the extent provided by the Contract, unless otherwise modified in writing by the City. All instructions to the Contractor shall be issued in writing and shall be issued. All instructions to the Contractor shall be issued through the Director or Project Manager. Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 The Project Manager shall have access to the Project site(s) at all times. The Contractor shall provide safe facilities for such access, so the Project Manager and Consultant may perform their functions under the Contract. The Project Manager will make periodic visits to the Work site to become generally familiar with the progress and quality of the Work, and to determine if the Work is proceeding in accordance with the Contract Documents. The Project Manager will not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work and will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Project Manager will have authority to reject Work that does not conform to the Contract Documents. Whenever, in his or her opinion, it is considered necessary or advisable to ensure the proper completion of the Contract Documents the Project Manager and Consultant will have authority to require special inspections or testing of the Work, whether or not such Work is fabricated, installed, or completed. Neither the Project Manager's nor Consultant's authority to act under this paragraph, nor any decision made by him in good faith either to exercise or not to exercise such authority, shall give rise to any duty or responsibility of the Project Manager or Consultant to the Contractor, any Subcontractor, supplier or any of their agents, employees, or any other person performing any of the Work. All interpretations and recommendations of the Project Manager and Consultant shall be consistent with the intent of the Contract Documents. The Project Manager and Consultant will not be responsible for the acts or omissions of the Contractor, any Subcontractor, or any of their agents or employees, or any other persons performing any of the Work. 25. Inspection of Work The Project Manager, Consultant, Construction Engineering Inspector (CEI), and other City representatives shall at all times have access to the Work during normal work hours, and Contractor shall provide proper facilities for such access and for inspecting, measuring, and testing. Should the Contract Documents, Consultant, CEI, Project Manager's instructions, any laws, ordinances, or any public authority require any of the Work to be specially tested or approved, Contractor shall give the Project Manager timely notice of readiness of the Work for testing. If the testing or approval is to be conducted by an authority other than the City, timely notice shall be given of the date fixed for such testing. Testing shall be done promptly, and, where practicable, at the source of supply. If any of the Work should be covered up without approval or consent of the Project Manager, it must, if required by the Project Manager, be uncovered for examination, and properly restored at Contractor's expense. Unless otherwise provided, the Contractor shall arrange for such tests, inspections, and approvals with the City's testing laboratory or entity. The Contractor shall give the City and the Project Manager timely notice of when and where tests and inspections are to be made so that the City or Project Manager may be present for such procedures. Re-examination of any of the Work may be ordered by the City, and if so ordered, the Work must be uncovered by Contractor. If such Work is found to be in accordance with the Contract Documents, City shall pay the cost of reexamination and replacement by means of a Change Order. If such Work is not in accordance with the Contract Documents, Contractor shall pay such cost. The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the City or separate Contractors caused by the Contractor's correction or removal of Work that is not in accordance with the requirements of the Contract Documents. Inspectors shall have no authority to permit deviations from, or to relax any of the provisions of the Contract Documents, or to delay the Work by failure to inspect the materials and Work with reasonable promptness, without the written permission or instruction of the Project Manager. Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 The payment of any compensation, whatever may be its character or form, or the giving of any gratuity or the granting of any favor by the Contractor to any Inspector, directly or indirectly, is strictly prohibited, and any such act on the part of the Contractor will constitute a breach of this Contract. 26. Taxes Contractor shall pay all applicable sales, consumer, use and any other taxes, levies, assessments, and impositions, all other impositions required by law, rule, or regulation. Contractor is responsible for reviewing the pertinent state statutes and local laws involving state taxes/impositions and complying with all requirements. 27. Separate Contracts Prior to the commencement of the Work, the City will notify the Contractor of all ongoing Projects or Projects scheduled to commence during the Work that may require coordination. The Contractor shall be responsible for coordinating the Work with any other Project to minimize any potential adverse impact. Contractor shall not be entitled to any days of delay for failure to coordinate the Work properly. The Project Manager will assist the Contractor in coordinating the Work; however, the sole responsibility for coordination rests with the Contractor. If any part of Contractor's Work depends for proper execution or results upon the Work of any other persons, Contractor shall inspect and promptly report to the City any defects in such Work that render it unsuitable for such proper execution and results. Contractor's failure to so inspect and report shall constitute an acceptance of the other person's Work as fit and proper for the reception of Contractor's Work, except as to defects that may develop in other Contractor's Work after the execution of Contractor's Work. Contractor shall conduct its operations and take all reasonable steps to coordinate the prosecution of the Work so as to create no interference or impact on any other Contractor on the site. Should such interference or impact occur, Contractor shall be liable to the affected Contractor for the cost of such interference or impact. To ensure the proper execution of subsequent Work, the Contractor shall inspect the Work already in place and shall at once report to the Project Manager any discrepancy between the executed Work and the requirements of the Contract Documents. 28. Lands of Work The City shall provide, as may be indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way, and easements for access thereto and such other lands as are designated by the City for the use of Contractor. The Contractor shall provide, at Contractor's own expense and without liability to City, any additional land and access thereto that may be required for temporary construction facilities, or for storage of materials. Contractor shall furnish to City copies of written permission obtained by Contractor from the owners of such facilities. 29. Coordination of Work The Project site(s) may be occupied and may operate as specified in Section 3, Supplemental Terms and Conditions, Article 1, "Contract Time and Hours." Contractor shall ensure that the performance of the Work does not impact on any ongoing operations at Project site(s), which also includes the delivery of any materials and equipment. Access to, and egress from, the Project site(s) shall be coordinated with the Project Manager and the Consultant to minimize interference with regular and emergency operations of the facility. The Contractor may be required to coordinate the Work with other Contractors performing Work at the Project site. 30. Differing Site Conditions In the event that during the course of the Work Contractor encounters subsurface or concealed conditions at the Project site(s) which differ materially from those shown in the Contract Documents and from those Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 ordinarily encountered and generally recognized as inherent in Work of the character called for in the Contract Documents; or unknown physical conditions of the Project site(s), of an unusual nature, which differ materially from that ordinarily encountered and generally recognized as inherent in Work of the character called for in the Contract Documents, Contractor, without disturbing the conditions and before performing any Work affected by such conditions, shall, within twenty-four (24) hours of their discovery, notify the City in writing of the existence of the aforesaid conditions. The City shall, within two (2) business days after receipt of the Contractor's written notice, investigate the site conditions identified by Contractor. If, in the sole opinion of the City, the conditions do materially so differ and cause an increase or decrease in Contractor's cost of, or the time required for, the performance of any part of the Work, whether or not charged as a result of the conditions, the City shall recommend an equitable adjustment to the Contract Documents Price or Contract Documents Time, or both. If the City and Contractor cannot agree to an adjustment in the Contract Price or Contract Time, the adjustment shall be referred to the Director for determination. Should the Director determine that the conditions of the Project site(s) are not so materially different to justify a change in the terms of the Contract Documents, the Director shall so notify the Project Manager, Consultant, and Contractor in writing, stating the reasons, and such determination shall be final and binding upon the parties hereto. No request by Contractor for an equitable adjustment to the Contract Documents under this provision shall be allowed unless Contractor has given written notice and otherwise fully documented altering site conditions in strict accordance with the provisions of this Article. No request for an equitable adjustment or change to the Contract price or Contract time for differing site conditions shall be allowed if made after the date certified by the City as the date of substantial completion. 31. Existing Utilities Known utilities and structures adjacent to or encountered in the Work will be shown in the Drawings. The locations shown are taken from existing records and the best information available from existing plans and utility investigations; however, it is expected that there may be some discrepancies and omissions in the locations and quantities of utilities and structures shown. Those shown are for the convenience of the Contractor only, and no responsibility is assumed by the City for their accuracy or completeness. No request for additional compensation or Contract time resulting from encountering utilities not shown will be considered. The Contractor shall explore sufficiently ahead of the Work to allow time for any necessary adjustments. The Contractor must coordinate all underground utility locations through "Sunshine State One CaII of Florida, Inc.," who shall be contacted a minimum of forty-eight (48) hours before the Contractor commences any digging. The Contractor is responsible for removing all utility markings once the Work is completed. Final payment to the Contractor may be withheld until the utility marks are removed. 32. Contractor's Responsibility for Utility Properties and Service Where the Contractor's operations could cause damage or inconvenience to railway, telephone, fiber optic, television, electrical power, oil, gas, water, sewer, or irrigation systems, the Contractor shall make all arrangements necessary for the protection of these utilities and services or any other known utilities. Notify all utility companies that are affected by the construction operation at least forty-eight (48) hours in advance. Under no circumstances, expose any utility without first obtaining permission from the appropriate agency. Once permission has been granted, locate, expose, and provide temporary support for all existing underground utilities and utility poles where necessary. The Contractor and their Subcontractors shall be solely and directly responsible to the owner and operators of such properties for any damage, injury, expense, Toss, inconvenience, delay, suits, actions, or claims of any character brought because of any injuries or damage that may result from the construction operations under the Contract Documents. Neither the City nor its officers or agents shall be responsible to the Contractor for damages as a result of the Contractor's failure to protect utilities encountered in the Work. Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 In the event of interruption to domestic water, sewer, storm drain, or other utility services as a result of accidental breakage due to construction operations, promptly notify the proper authority. Cooperate with said authority in restoration of service as promptly as possible and bear all costs of repair. In no event shall interruption of any utility service be allowed unless granted by the owner of the utility. In the event water service lines that interfere with trenching are encountered, the Contractor may, by obtaining prior approval of the water utility, cut the service, dig through, and restore the service with similar and equal materials at the Contractor's expense and as approved by the City. Replace, with material approved by the City, at the Contractor's expense, any and all other laterals, existing utilities or structures removed or damaged during construction, unless otherwise provided for in the Contract Documents and as approved by the City. Replace, with material approved by the City, at Contractor's expense, any existing utilities damaged during the Work. 33. Interfering Structures An attempt has been made to show major structures in the furnished Drawings. While the information has been compiled from the best available sources, its completeness and accuracy cannot be guaranteed and is presented as a guide. The Contractor shall field -verify all locations. Contractor shall coordinate with any affected companies, including utility companies and take necessary precautions to prevent damage to existing structures whether on the surface, above ground, or underground, including having the owner of the interfering structures place temporary supports. 34. Field Relocation During the process of the Work, it is expected that minor relocations of the Work may be necessary. Such relocations shall be made only by direction of the Project Manager and at the Contractor's expense. If existing structures are encountered that will prevent construction as shown, the Contractor shall notify the Project Manager before continuing with the Work in order that the City may make such field revisions as necessary to avoid conflict with the existing structures. Where the Contractor fails to notify the Project Manager when an existing structure is encountered, and proceeds with the Work despite this interference, the Contractor does so at their own risk. 35. Contractor's Use of Project Site(s) Limitations may be placed on the Contractor's use of the Project site(s), and such limitations will be identified by the Project Manager. In addition to such limitations, the Project Manager may make storage available to the Contractor, at his sole discretion, based on availability of space. The Contractor shall also coordinate and schedule deliveries so as to minimize disruptions to City day-to-day operations. The Contractor shall limit its use of the Project site(s), so as to allow for the City's continuous operation. This is necessary, as the Project site(s) may remain in operation during the Work. ■ The Contractor shall: • Confine operations at the Project site(s) to the areas permitted by the Project Manager; not disturb portions of the Project site(s) beyond the specified areas; conform to Project site(s) rules and regulations affecting the Work. • Keep existing driveways and entrances serving surrounding facilities clear and available to the City, its employees, and the public at all times; do not use areas for parking and/or storage of materials except as authorized by the Project Manager. • Assume all responsibility for its tools, equipment, and materials, including any materials purchased for the Work and not accepted by the City, and its vehicles while performing Work for the City and/or while parked or stored at a City facility. The City assumes no liability for damage or loss to the items specified in this paragraph. Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 Access to parking and egress from the Project site(s) shall be subject to the approval of the Project Manager. 36. Warranty of Materials and Equipment Contractor warrants to City that all materials and equipment furnished under the Contract Documents will be new unless otherwise specified and that all of the Work will be of good quality, free from faults and defects and in conformance with the Contract Documents and Contract/Documents. All Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by the City, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by any other provisions within the Contract Documents. 37. Material and Equipment Shipment, Handling, Storage and Protection Preparation for Shipment: When practical, equipment shall be factory assembled. The equipment parts and assemblies that are shipped unassembled shall be furnished with assembly plan and instructions. The separate parts and assemblies shall be factory match -marked or tagged in a manner to facilitate assembly. All assemblies are to be made by the Contractor at no additional cost to the City. Generally, machined, and unpainted parts subject to damage by the elements shall be protected with an application of a strippable protective coating, or other approved protective method. Equipment shall be packaged or crated in a manner that will provide protection from damage during shipping, handling, and storage. The outside of the package or crate shall be adequately marked or tagged to indicate its contents by name and equipment number, if applicable; approximate weight; state any special precautions for handling; and indicate the recommended requirements for storage prior to installation. Packaging and Delivery of Spare Parts and Special Tools: Properly mark to identify the associated equipment by name, equipment, and part number. Parts shall be packaged in a manner for protection against damage from the elements during shipping, handling, and storage. Ship in boxes that are marked to indicate the contents. Delivery of spare parts and special tools shall be made prior to the time associated equipment is scheduled for the initial test run. Shipment: All equipment and materials shall be shipped by freight and shipping paid freight on board (FOB) job site. The Contractor shall request a seven (7)-calendar day advance notice of shipment from manufacturers, and, upon receipt of such notice, provide the Engineer of Record with a copy of the current delivery information concerning equipment items and material items of critical importance to the Project schedule. Receiving: The Contractor shall unload and record the receipt for all equipment and materials at the jobsite. All costs for receiving, inspection, handling, storage, insurance, inventory control, and equipment maintenance for the Contractor -Supplied and City -Supplied materials and equipment shall be included in the prices bid and no extra compensation will be allowed. Inspection: Immediately upon receipt of equipment and materials at the jobsite, the Contractor shall inspect for completeness and any evidence of damage during shipment. The City's supplied equipment and material shall be inspected and inventoried together with the City's Inspector. Should there appear to be any shortage or damage, the City shall be immediately notified; and the Contractor shall be fully responsible for informing the manufacturers and the transportation company of the extent of the shortage or damage. If the item or items require replacing or supplying missing parts, the Contractor shall take the necessary measures to expedite the replacement or supply the missing parts. Handling: Equipment and materials received for installation on the Project shall be handled in accordance with the manufacturer's recommendations, and in a manner that will prevent damage. Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 Storage: Equipment and materials shall be stored prior to installation as recommended by the manufacturer. Generally, materials such as pipes shall be stored off the ground in approved storage yards. Items subject to damage by the elements, vandalism, or theft shall be stored in secure buildings. Items requiring environmental control for protection shall be provided with the necessary environmentally controlled storage facilities at no cost to the City. Insurance: The Contractor's insurance shall adequately cover the value of materials delivered but not yet incorporated into the Work. Inventory Control: Equipment and materials shall be stored in a manner to provide easy access for inspection and inventory control. The Contractor shall keep a running account of all materials in storage to facilitate inspection and to estimate progress payments for materials delivered but not installed in the Work. Equipment's Maintenance Prior to Acceptance by the City: Provide the required or manufacturer's recommended maintenance during storage, during the installation, and until such time as the City accepts the equipment for full-time operation. Salvage Equipment: Any salvageable pipe, fittings, or other miscellaneous material or equipment removed during construction and not reused in the Work shall be cleaned, hauled, and stored by the Contractor at his own expense, where directed by the City, and shall remain the property of the City. All other material shall be disposed of by the Contractor at his own expense. 38. Manufacturer's Instructions The Contractor shall: ■ Comply with manufacturer's requirements for the handling, delivery, and storage of all materials. Where required by the Contract Documents, Contractor shall submit manufacturer's printed instructions for delivery, storage, assembly, and installation. ■ Comply with the manufacturer's applicable instructions and recommendations for the performance of the Work, to the extent that these instructions and recommendations are more explicit or more stringent than requirements indicated in the Contract Documents including the Contract Documents. ■ Inspect each item of material or equipment immediately prior to installation and reject damaged and defective items. ■ Provide attachment and connection devices and methods for securing the Work; secure Work true to line plumb and level, and within recognized industry standards; allow for expansion and building movement; provide uniform joint width in exposed Work; arrange joints in exposed Work to obtain the best visual effect and refer questionable visual effect choices to the Consultant for final decision when applicable to the Work. ■ Recheck measurements and dimensions of the Work, as an integral step in starting each portion of the Work. ■ Install each unit or section of Work during favorable weather conditions, which shall ensure the best possible results in coordination with the entire Project and isolate each unit of Work from incompatible Work as necessary to prevent potential interference among each section and/or deterioration of equipment. ■ Coordinate enclosure of the Work, which requires inspections and tests so as to minimize the necessity of uncovering Work for that purpose. ■ When required by the Contract Documents or the manufacturer, a qualified representative shall be present to observe field conditions, conditions of surface and Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 installation, quality of workmanship, and applications. Manufacturer's representative shall provide the Contractor and the City a written report of field observations. 39. Manufacturer's Warranty The Contractor shall provide all manufacturers' warranties. All warranties, expressed and/or implied, shall be made available to the City for material and equipment covered by this Contract Documents. All material and equipment furnished shall be fully guaranteed by the Contractor against factory defects and workmanship. At no expense to the City, the Contractor shall correct any and all apparent and latent defects that may occur within the manufacturer's standard warranty. The Contract Documents may supersede the manufacturer's standard warranty. The manufacturer's warranties will become effective upon Final Acceptance of the Project. 40. Reference Standards Reference to the standards of any technical society, organization, or body shall be construed to mean the latest standard adopted and published at the date of request for qualifications, even though reference may have been made to an earlier standard. Such reference is hereby made a part of the Contract Documents the same as if herein repeated in full and in the event of any conflict between any of these standards and those specified, the most stringent shall govern unless otherwise stated. 41. Submittals Contractor shall check and approve all shop drawing, samples, product data, schedule of values, and any and all other submittals to make sure they comply with the Contract Documents prior to submission to the City. The Contractor, by approving and submitting any submittals, represents that they have verified the accuracy of the submittals, and they have verified all of the submittal information and documentation with the requirements of the Contract Documents. At time of submission, the Contractor shall advise the City in writing of any deviations from the Contract Documents. The failure of the Contractor to advise the City of any deviations shall make the Contractor solely responsible for any costs incurred to correct, add, or modify any portion of the Work to comply with the Contract Documents. Each shop drawing submittal shall contain a title block containing the following information: ■ Number and title of drawing, including Contract title and Number ■ Date of drawing and revisions ■ Name of Contractor and Subcontractor (if any) submitting drawings ■ Name of Project, Building or Facility ■ Specification Section title and number ■ Contractor's Stamp of approval, signed by the Contractor or his checker ■ Space above the title block for Project Manager's or Consultant's action stamp ■ Submittal or re -submittal number (whether first, second, third, etc.) ■ Date of submittal Contractor shall sign, in the proper block, each sheet of shop drawing and data and each sample label to certify compliance with the requirements of the Contract Documents. Shop drawings submitted without the stamp signature shall be rejected, and it will be considered that the Contractor has not complied with the requirements of the Contract Documents. The Contractor shall bear the risk of any delays that may occur because of such rejection. City shall not be liable for any materials, fabrication of products or Work commenced that requires submittals until the City has returned approved submittals to the Contractor. The City shall make every effort to review submittals within fourteen (10) calendar days from the date of receipt by the City. The City's review shall only be for conformance with design concepts and the Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 information provided in the Contract Documents. The approval of a separate item shall not constitute approval of an assembly in which the item functions. The City shall return the shop drawings to the Contractor for their use and distribution. Acceptance of any submittal shall not relieve the Contractor of any responsibility for any deviations from the requirements of the Contract Documents unless the Contractor has given written notice to the City of the specific deviations and the Consultant have issued written approval of such deviations. By approving and submitting shop drawings, Product Data and Samples, the Contractor represents that all materials, field measurements and field construction criteria related thereto have been verified, checked, and coordinated with the requirements of the Work and have been verified, checked, and coordinated with this Contract Documents. The Contractor shall be responsible for the distribution of all shop drawings, copies of product data and samples, which bear the EOR's stamp of approval. Distribution shall include, but not be limited to; job site file, record documents file, Subcontractor, suppliers, and other affected parties or entities that require the information. The Contractor shall also provide copies of all plans approved and permitted by the required governing authorities. The Contractor shall not be relieved of responsibility for errors or omissions in any and all submittals by the City's acceptance thereof. The Contractor warrants the adequacy for the purpose intended of any shop drawings or portion of a shop drawing that alters, modifies, or adds to the requirements of the Contract Documents. Nothing in the City's review of shop drawings, Submittals and Samples shall be construed as authorizing additional Work or increased costs to the City. Where a conflict exists between the submittal requirements of the General Terms and Conditions and the Technical Specifications, the Technical Specifications shall prevail. 42. Shop Drawings The Contractor shall submit shop drawings as required by the Contract Documents. The purpose of the shop drawings is to show, in detail, the suitability, efficiency, technique of manufacture, installation requirements, details of the item, and evidence of its compliance or noncompliance with this Contract Documents. Within five (5) calendar days after City's award of the Contract, Contractor shall submit to the City a complete list and Submittal Log of items for which shop drawings and any documentation in Section 41, Submittals, are to be submitted and shall identify the critical items and all submittal dates. Approval of this list by the City shall in no way relieve the Contractor from submitting complete shop drawings and providing materials, equipment, etc., fully in accordance with the Contract Documents. This procedure is required in order to expedite final approval of shop drawings. After the approval of the list of items required above, Contractor shall promptly request shop drawings from the various manufacturers, fabricators, and suppliers. The Contractor shall thoroughly review and check the shop drawings and each and every copy shall show its approval thereon. Some shop drawings, as denoted either in the Contract Documents or by the Florida Building Code (Code) or Florida Statute such as structural drawings, require that they be prepared by a licensed engineer. It is the sole responsibility of the Contractor to ensure that the shop drawings meet all Code requirements. In addition to all shop drawings required by the Contract Documents the Contractor must provide shop drawings for all drainage structures including catch basins, drainage pipe, ballast rock, and exfiltration trench filter fabric. If the shop drawings show or indicate departures from the Contract Documents, Contractor shall make specific mention thereof in its letter of transmittal. Failure to point out such departures shall not relieve Contractor from its responsibility to comply with the Contract and Documents. Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 The City shall review and accept or reject with comments, shop drawings within fourteen (14) calendar days from the date received. The City's approval of shop drawings will be general and shall not relieve Contractor of responsibility for the accuracy of such shop drawings, nor for the proper fitting and construction of the Work, nor for the furnishing of materials or Work required by the Contract Documents and not indicated on the shop drawings. No Work called for by shop drawings shall be performed until said shop drawings have been approved by EOR. Approval shall not relieve Contractor from responsibility for errors or omissions of any sort on the shop drawings. No approval will be given to partial submittals of shop drawings for items that interconnect and/or are interdependent where necessary to evaluate the design properly. It is Contractor's responsibility to assemble the shop drawings for all such interconnecting and/or interdependent items, check them and then make one submittal to the City along with its comments as to compliance, noncompliance, or features requiring special attention. If catalog sheets or prints of manufacturers' standard drawings are submitted as shop drawings, any additional information or changes on such drawings shall be typewritten or lettered in ink. The minimum size for shop drawings shall be 11" X 17". Each shop drawing shall be clear, thoroughly detailed and shall have listed on it all Contract Documents references, drawing number(s), specification section number(s), and the shop drawing numbers of related Work. Shop drawings must be complete in every detail, including location of the Work. Materials, gauges, methods of fastening and spacing of fastenings, connections with other Work, cutting, fitting, drilling, and any and all other necessary information per standard trade practices or as required for any specific purpose shall be shown. Where professional calculations and/or certification of performance criteria of materials, systems, and/or equipment are required, EOR is entitled to rely upon the accuracy and completeness of such calculations and certifications submitted by the Contractor. Calculations, when required, shall be submitted in a neat, clear, and easy format to follow. The Contractor shall always keep one (1) set of shop drawings marked with EOR's approval at the job site. 43. Product Data Contractor shall submit four (4) copies of product data, warranty information, and operating and maintenance manuals. Each copy must be marked to identify applicable products, models, options, and other data. Contractor shall supplement manufacturers' standard data to provide information unique to the Work. The Contractor shall only submit pages that are pertinent. Submittals shall be marked to identify pertinent products, with references to the specifications and the Contract Documents. Identify reference standards, performance characteristics and capacities, wiring and piping diagrams and controls, component parts, finishes, dimensions and required clearances. Contractor shall submit a draft of all product data, warranty information, and operating and maintenance manuals at fifty percent (50%) completion of construction. 44. Samples Contractor shall submit samples to illustrate the functional characteristics of the product(s). Submittals shall be coordinated for different categories of interfacing Work. The Contractor shall include identification on each sample and provide full information. 45. Record Set Contractor shall maintain in a safe place at the Project site(s) one (1) record copy and one (1) permit set of the Contract Documents, including, but not limited to, all Drawings, Specifications, shop drawings, amendments, Change Orders, RFIs, and Field Directives, as well as all written interpretations and clarifications issued by the City, in good order and annotated to show all changes made during construction. Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 The record documents shall be continuously updated by Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Construction Change Directives, and Field Directives as well as all written interpretations and clarifications, and all concealed and buried installations of piping, conduit and utility services. Contractor shall certify the accuracy of the updated record documents. As a condition precedent to the City's obligation to pay the Contractor, the Contractor shall provide evidence, satisfactory to the City, that Contractor is fulfilling its obligation to update the record documents continuously. All buried items, outside the Project site(s), shall be accurately located on the record documents as to depth and in relationship to not less than two (2) permanent features (e.g., interior, or exterior wall faces). The record documents shall be clean, and all changes, corrections, and dimensions shall be given in a neat and legible manner in red. The record documents shall be available to the City and the Consultant for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, the record documents shall be delivered to the City by the Contractor. The Record Set of drawings shall be submitted in both hardcopy and as electronic plot files. 46. Supplemental Drawings and Instructions The City shall have the right to approve and issue supplemental instructions setting forth written orders, instructions, or interpretations concerning the Contract Documents or their performance, provided such Supplemental Instructions involve no change in the Contract Documents Price or this Contract Documents Time. The City shall have the right to modify the details of the plans and specifications, to supplement the plans and specifications with additional plans, drawings, or additional information as the Work proceeds, all of which shall be considered as part of the Contract Documents. In case of disagreement between the written and graphic portions of the Contract Documents, the written portion shall govern. 47. Contractor Furnished Drawings A Contract Documents may require the Contractor to furnish design, shop, and/or as -built drawings depending on the nature and scope of the Work to be performed. The following applies to the different types of drawings. The City shall, after reviewing the drawings, initial and mark the drawings in one of the following manners: 1. ACCEPTED - No correction required. 2. PROCEED AS CORRECTED - Minor changes or corrections identified. Work can proceed subject to re -submittal and acceptance of the drawings. 3. REVISE AND RESUBMIT - Significant changes or corrections are recommended. Submittal must be revised and resubmitted for acceptance prior to Work proceeding. 4. REJECTED - Not in accordance with the Contract and/or Contract Documents due to excessive changes or corrections or other justifiable reason. Drawings must be corrected and resubmitted prior to any Work being performed. Revisions required by the permitting jurisdiction must also be reviewed and accepted by the City prior to resubmission to the permitting agency. Acceptance by the City shall not relieve the Contractor of responsibility for errors and omissions in the drawings. 48. Substitutions Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function, and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Consultant sufficient information is submitted by Contractor to allow City and Consultant to determine that the material or Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by the City from anyone other than the Contractor. If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the City for acceptance thereof, certifying that the proposed substitute shall perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other Contractors affected by the resulting change, all of which shall be considered by the Consultant in evaluating the proposed substitute. The City may require the Contractor to furnish at the Contractor's expense additional data about the proposed substitute. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to the Consultant, if the Contractor submits sufficient information to allow the FOR to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Consultant shall be the same as those provided herein for substitute materials and equipment. The Consultant shall be allowed a reasonable time within which to evaluate each proposed substitute. The City shall be the sole judge of the acceptability of any substitute. No substitute shall be ordered, installed, or utilized without the City's and the Consultant's prior written acceptance, which shall be evidenced by either a Change Order or an approved submittal. The City may require the Contractor to furnish at the Contractor's expense a special performance guarantee or other surety with respect to any substitute. If the Consultant rejects the proposed substitute, at their discretion, the City may require the Contractor to reimburse the City for the charges of the Consultant for evaluating the proposed substitute. The Contractor shall maintain sole liability and responsibility for ensuring that all substitutions and any required design of such are in full compliance with and meet all the requirements of the Contract Documents. 49. City Furnished Drawings The City, at its sole discretion, may furnish design drawings. It shall be the sole responsibility of the Contractor to bring to the immediate attention of the City any discrepancies between the drawings and existing conditions, excluding hidden or unforeseen conditions, discovered prior to commencing and during the Work. The Contractor shall be solely responsible for verifying the accuracy of the drawings prior to commencing the Work and shall be responsible for any errors or revisions of the Work, which might have been avoided by notifying the City prior to commencement. This shall also apply to any revisions or omissions identified by the Contractor. The Contractor shall submit all requests for information entitled Request for Information (RFI). The City shall respond to all RFI's in writing. The Contractor shall have no basis for any claim for additional costs resulting from their failure to identify any required revisions, omissions, and/or errors, not identified in writing to the City prior to commencing the Work. The drawings are to be addressed as a complete set and should not be used in parts. Contractor is responsible to coordinate the set of drawings with all trades to ensure that the Work will be performed correctly and coordinated among the trades. Contractor shall not scale the drawings. Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 50. Interpretation of Drawings and Documents Drawings and specifications are intended to be consistent, be mutually explanatory, and should be used together and not separately. During the performance of the Project, should any errors, omissions, conflicts, ambiguities or discrepancies be found in the drawings and/or specifications, the City will clarify in writing the intent of the drawings and/or specifications and the Contractor agrees to abide by the City's interpretation and perform the Work in accordance with the decision of the City. In such event, the Contractor will be held to have included in its Contract Price the best materials suitable for the purpose and/or methods of construction. 51. Product and Material Testing All tests shall be performed by the Contractor, except where otherwise specifically stated in the Contract Documents. All costs for testing performed by the Contractor shall be at the Contractor's expense. The City may, in its sole and absolute discretion, test materials, and products at its own cost. However, should such materials or products fail to pass the test and/or meet the requirements of the Contract Documents, the Contractor shall reimburse the City for the cost of such tests and repair or replace said materials or products. In such instances, the City may deduct such costs from any payments pending to the Contractor. 52. Field Directives The City may at times issue field directives to the Contractor based on visits to the Project site(s). Such Field Directives shall be issued in writing, and the Contractor shall be required to comply with the directive. Where the Contractor believes that the directive is outside the scope of the Work, the Contractor shall, within forty-eight (48) hours, notify the City that the Work is outside the scope of the Work. At that time, the Field Directive may be rescinded, or the Contractor may be required to submit a request for a change to the Contract. Where the Contractor is notified of the City's position that the Work is within the scope and the Contractor disagrees, the Contractor shall notify the City that the Contractor reserves the right to make a claim for the time and monies based on the Field Directive. At no time shall the Contractor refuse to comply with the directive. Failure to comply with the directive may result in a determination that the Contractor is in default of the Contract. 53. Changes in the Work or Contract Documents Without invalidating the Contract Documents and without notice to any Surety, City reserves and shall have the right, from time to time to make such increases, decreases or other changes in the character or quantity of the Work under the Contract Documents as may be considered necessary or desirable to complete fully and acceptably the proposed construction of a Project in a satisfactory manner. Any extra or additional Work within the scope of the Project must be accomplished by means of appropriate Field Orders and Supplemental Instructions or Change Orders. Any changes to the terms of the Contract Documents must be contained in a written document, executed by the parties hereto. This section shall not prohibit the issuance of Change Orders executed only by the City. 54. Continuing the Work Contractor shall execute the Work and adhere to the progress schedule during all disputes or disagreements with City, including disputes or disagreements concerning a request for a Change Order, a request for a change in the Contract price or Contract time for completion. The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. 55. Change Orders Changes in the quantity or character of the Work within the scope of the Project which are not properly the subject of Field Orders or Supplemental Instructions, including all changes resulting in changes in the Contract Price, or the Contract Time, shall be authorized only by Change Orders approved in advance and issued in accordance with the provisions of the City. Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 In the event satisfactory adjustment cannot be reached for any item requiring a change in the Contract Price or Contract Time, and a Change Order has not been issued, City reserves the right at its sole option to either terminate the Contract as it applies to the items in question and make such arrangements as may be deemed necessary to complete the disputed Work; or submit the matter in dispute to the Director as set forth in Article 90, "Resolution of Disputes." During the pendency of the dispute, and upon receipt of a Change Order approved by City, Contractor shall promptly proceed with the change in the Work involved and advise the City and Director in writing within seven (7) calendar days of Contractor's agreement or disagreement with the method, if any, provided in the Change Order for determining the proposed adjustment in the Contract Price or Contract Time. On approval of any Contract change increasing the Contract Price, Contractor shall ensure that the performance bond and payment bond (if applicable) are increased so that each reflects the total Contract Price as increased. Under circumstances determined necessary by the City, Change Orders may be issued unilaterally by the City. The City reserves the right to order changes which may result in additions to, or reductions of the amount, type, or value of the Work shown in the Contract, and which are within the general scope of the Contract Documents. Any such changes will be known as "Extra Work." No Extra Work shall be performed except pursuant to written orders of the City expressly and unmistakably indicating his/her intention to treat the Work described therein as Extra Work. In the absence of such an order, the City may direct, order, or require the Contractor to perform any Work including that which the Contractor deems to be Extra Work. The Contractor shall nevertheless comply and shall promptly and in no event after, begin the performance thereof or incur cost attributable thereto and give written notice to the City stating why the Contractor deems such Work (hereinafter "Disputed Work") to be Extra Work. Said notice is for the purposes of (1) affording an opportunity to the Project Manager to cancel such order, direction or requirements promptly; (2) affording an opportunity to the City to keep an accurate record of materials, labor and other items involved; and (3) affording an opportunity to the City to take such action as it may deem advisable in light of such disputed Work. Pursuant to the requirements of Florida Statutes, Section 218.755, for any contract for construction services entered into on or after July 1, 2025, if a local governmental entity receives from its contractor a price quote for a change order requested or issued by the local governmental entity for construction services, and the price quote conforms to all statutory requirements and contractual requirements for the project, the local governmental entity must approve or deny the price quote and send written notice of that decision to the contractor within 35 days after receipt of such quote. A denial notice must specify the alleged deficiencies in the price quote and the actions necessary to remedy those deficiencies. If the local governmental entity fails to provide the contractor with a notice in compliance with this section, the change order and price quote are deemed approved, and the local governmental entity must pay the contractor the amount stated in the price quote upon the completion of the change order. A contract between a local governmental entity and a contractor may not alter the local governmental entity's duties under this section. 56. Change Order Procedure Extra Work shall result in an equitable adjustment (increase or decrease) to the Contract representing the reasonable cost or the reasonable financial savings related to the change in Work. Extra Work may also result in an equitable adjustment in the Contract schedule, for performance of both the Extra Work and any other Work affected by the Extra Work. The City shall initiate the Extra Work procedure by a notice to the Contractor outlining the proposed Extra Work. Upon receipt of the notice to proceed with the Extra Work, the Contractor is required to start the Extra Work immediately. The Contractor is required to obtain permission for an extension to start the Extra Work if it is beyond the Contractor's ability to start within the allotted timeframe. Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 The Contractor is required to provide the Project Manager with a detailed Change Proposal Request, which shall include requested revisions to the Contract, including but not limited to adjustments in this Contract Price and Contract Time. The Contractor is required to provide sufficient data in support of the cost proposal demonstrating its reasonableness. In furtherance of this obligation, the City may require that the Contractor submit any or all of the following: a cost breakdown of material costs, labor costs, labor rates by trade, and Work classification, and overhead rates in support of Contractor's Change Proposal Request. The Contractor's Change Proposal Request must include any schedule revisions and an explanation of the cost and schedule impact of the Extra Work on the Project. If the Contractor fails to notify the City of the schedule changes associated with the Extra Work, it will be deemed an acknowledgment by Contractor that the proposed Extra Work will not have any scheduling consequences. The Contractor agrees the Change Proposal Request will in no event include a combined profit and overhead rate in excess of ten percent (10%) of the direct labor and material costs, unless the City determines that the complexity and risk of the Extra Work is such that an additional factor is appropriate. The Change Proposal Request may be accepted or modified by negotiations between the Contractor and the City. If an agreement on the Extra Work is reached, both parties shall execute the Extra Work order in writing via a Change Order. The execution by the Contractor of the Change Order shall serve as a release of the City from all claims and liability to the Contractor relating to, or in connection with, the Extra Work, including any impact, and any prior acts, neglect or default of the City relating to the Extra Work. Upon execution of a change order that affects the Contract Time, the Contractor shall, within five (5) business days, submit a revised Project schedule reflecting the changes to the baseline schedule. 57. No Oral Changes Except to the extent expressly set forth in the Contract, no change in or modification, termination, or discharge of the Contract or, in any form whatsoever, shall be valid or enforceable unless it is in writing and signed by the parties charged, therewith or their duly authorized representative. 58. Value of Change Order Work The value of any Work covered by a Change Proposal Request or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: ■ Where the Work involved is covered by unit prices contained in the Contract, by application of unit prices to the quantities of items involved. ■ By mutual acceptance of a Contract unit price, which Contractor and Project Manager acknowledge, contains a component for overhead and profit. ■ Based on the "Cost of Work," determined as provided in this, plus a Contractor's fee for overhead and profit, which is determined as provided in this Article. ■ The term "Cost of Work" means the sum of all direct costs necessarily incurred and paid by Contractor in the proper performance of the Work described in the Change Order. Except as otherwise may be agreed to in writing by the City, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in herein. Payroll costs for employees in the direct employ of Contractor in the performance of the Work described in the Change Proposal Request under schedules of job classifications agreed upon by the City. Payroll costs for employees not employed full time on the Work covered by the Change Proposal Request shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation, and holiday pay application thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing the Work after regular working hours, on Sunday or legal holidays shall be included in the above to the extent authorized by City. Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and manufacturers' field services required in connection therewith. All cash discounts shall accrue to the Contractor unless City deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to City. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to City and Contractor shall make provisions so that they may be obtained. Rentals of all construction equipment and machinery and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City with the advice of Consultant and the costs of transportation, loading, unloading, installation, dismantling and removal thereof, all in accordance with the terms of said agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. If required by the City, Contractor shall obtain competitive bids for the Change Order Work. The Contractor and shall deliver such competitive bids to the City who will determine which bids will be accepted. If the Subcontractor is to be paid on the basis of cost of the Work plus a fee, the Subcontractor's cost of the Work shall be determined in the same manner as Contractor's cost of the Work. All Subcontractors shall be subject to the other provisions of the Contract Documents as far as applicable. The term "Cost of the Work" shall include any of the following: ■ Cost of special Consultants, including, but not limited to, Consultants, architects, testing laboratories, and surveyors employed for services specifically related to the performance of the Work described in the Change Order. ■ Supplemental costs including the following: ■ The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work except for local travel to and from the site of the Work. ■ Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workmen, which are consumed in the performance of the Work, and less market value of such items used but not consumed which remains the property of Contractor. ■ Sales, use, or similar taxes related to the Work, and for which Contractor is liable, imposed by any governmental authority. ■ Deposits lost for causes other than Contractor's negligence, royalty payments, and fees for permits and licenses. ■ The cost of utilities, fuel, and sanitary facilities at the site. ■ Receipted minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage, and similar petty cash items in connection with the Work. ■ Cost of premiums for additional bonds and insurance required because of changes in the Work. The term "Cost of Work" shall not include any of the following: ■ Payroll costs and other compensation of Contractor's officers, executives, principals (of partnership and sole proprietorships), general managers, consultants, architects, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor whether at the site or in its principal or a branch office, for general administration of the Work and not specifically included in the agreed -upon schedule of job classifications, all of which are to be considered administrative costs covered by Contractor's fee. Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 ■ Expenses of Contractor's principal and branch offices other than Contractor's office at the site. ■ Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. ■ Cost of premiums for all Bonds and for all insurance whether or not Contractor is required by the Contract Documents to purchase and maintain the same, except for additional bonds and insurance required because of changes in the Work. ■ Costs due to the negligence or neglect of Contractor, any Subcontractors, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property, or soft costs such as consultant costs, or any costs not directly attributable to the work. ■ Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in this Article. Contractor's fee allowed for overhead and profit shall be determined as follows: ■ A mutually acceptable fixed fee or if none can be agreed upon. ■ A fee based on the following percentages of the various portions of the cost of the Work. ■ Where the Contractor self -performs the Work, Contractor's fee shall not exceed ten percent (10%). ■ Where a Subcontractor performs the Work, Contractor's fee shall not exceed seven and one-half percent (7.5%); and if a subcontract is on the basis of cost of the Work plus a fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall not exceed ten percent (10%). ■ No fee shall be payable for special Consultants or supplemental costs; and ■ No other markup or charge shall be allowed except as expressly provided above. The amount of credit to be allowed by Contractor to City for any such change, which results in a net decrease in cost, will be the amount of the actual net decrease. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any, however, Contractor shall not be entitled to claim lost profits for any Work not performed. Whenever the cost of any Work is to be determined pursuant to this Article, Contractor will submit in a form acceptable to the City an itemized cost breakdown together with the supporting data. Whenever a change in the Work is based on mutual acceptance of a lump sum, whether the amount is an addition, credit, or no change -in -cost, the Contractor shall submit an initial cost estimate acceptable to the City. ■ Breakdown shall list the quantities and unit prices for materials, labor, equipment, and other items of cost. ■ Whenever a change involves Contractor and one (1) or more Subcontractors, and the change is an increase in the Contract Price, overhead and profit percentage for Contractor and each Subcontractor shall be itemized separately. ■ Each Change Order must state within the body of the Change Proposal Request whether it is based upon unit price, negotiated lump sum, or "Cost of Work." 59. Extra Work Directive If the parties fail to reach agreement with respect to the proposed Extra Work, or in case of extenuating circumstances, the City may nevertheless issue a directive to the Contractor to do the proposed Extra Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 Work. Immediately upon receipt of the Extra Work Directive, the Contractor shall be obligated to proceed with the Work set forth in that directive. Except as provided below, the Contractor shall be entitled to initiate a dispute pursuant to the Article 90, "Resolution of Disputes," by furnishing a written statement to the Construction Manager within five (5) calendar days of the Extra Work Directive, based upon any aspect, of such Extra Work which the Contractor disputes. Such dispute must relate to specific matters raised or specific matters reserved by the Contractor in its bid and have not been resolved prior to the issuance of the Extra Work Directive. The written statement must set forth all details of the Contractor's claim including the manner that the disputed item was specified in the Contractor's bid. During the pendency of any dispute hereunder, the Contractor must proceed with Work as set forth in the Extra Work Directive unless otherwise advised by the Project Manager's written instructions. In the event there is a dispute as to price, the Contractor will be paid in accordance with the following paragraph. This payment(s) will be in full satisfaction of the Contractor's claim for an adjustment to the value of the Contract. Compensation for Extra Work in the event of the parties' inability to agree upon a mutually satisfactory price shall be as follows: ■ No payment will be made to the Contractor for Extra Work in excess of "Actual and Necessary Cost" which is to say time and materials plus a mark-up not to exceed ten percent (10%). This will not vary whether the Extra Work is performed by the Contractor or his Subcontractor. The Project Manager must approve of any exceptions. "Actual and Necessary Net Cost" shall be deemed to include the actual and necessary cost of the Extra Work for (i) labor, which includes wages, payroll deductions, if any, made by the Contractor as employer pursuant to bona fide collective bargaining labor agreements applicable to the Work; (ii) contributions to the State Unemployment Insurance Law, (iii) excise taxes pursuant to Federal Social Security Act; (iv) any increases in public liability and property damage insurance or performance and payment bonds occasioned solely by the Extra Work, (v) the actual and necessary operating expenses (except the expense of supplies and small tools not operated by mechanical or electrical power), power for such plant and a reasonable rental for the same (including small power tools), as determined by the Construction Manager; and (vi) any additional materials necessary for the performance of the Extra Work. In case any Work or materials shall be required to be done or furnished under the provisions of this Article, the Contractor shall at the end of each day furnish to the City such documentation as the City may require supporting all the costs of the Extra Work. If payments on account are desired as the Extra Work progresses, the Contractor shall render an itemized statement showing the total amount expended for each class of labor and for each kind of material on account of each item of Work as a condition precedent to the inclusion of such payment in a partial estimate. Upon the request of the City, the Contractor shall produce for audit by the City, books, vouchers, collective bargaining labor agreements, records, or other documents showing the actual cost for labor and materials. Such documents shall not be binding on the City. The Project Manager shall determine any questions or dispute as to the correct cost of such labor, materials, or plant. In case the Contractor is ordered to perform Work under this Article, which in the opinion of the Project Manager, it is impracticable to have performed by the Contractor's own employees, the Contractor will, subject to the approval of the Project Manager, be paid the actual cost to Contractor of such Work, and in addition thereto five percent (5%) to cover the Contractor's superintendence, administration and other overhead expenses. Payment of any amount under this Article shall be subject to subsequent audit and approval, disapproval, modification, or revision by representatives of the City. Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 60. As -Built Drawings During the Work, Contractor shall maintain records of all deviations from the Drawings and Specifications as approved by the Project Manager and prepare two copies of As -Built Record Drawings showing correctly and accurately all changes and deviations made during construction to reflect the Work as it was actually constructed. It is the responsibility of the Contractor to check the As -Built Drawings for errors and omissions prior to submittal to the City and certify in writing that the As -Built Drawings are correct and accurate, including the actual location of all internal piping, electrical/signal conduits in or below the concrete floor. Indicate the size, depth, and voltage in each conduit. Legibly mark to record actual construction: On -site structures and site Work as follows: ■ Depths of various elements of foundation in relation to finish first floor datum. ■ All underground piping and ductwork with elevations and dimensions and locations of valves, pull boxes, etc. ■ Changes in location: Horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. Actual installed pipe material, class, etc. ■ Location of internal utilities and appurtenances concealed in the construction, referenced to visible and accessible features of the structure. Air conditioning ducts with locations of dampers, access doors, fans, and other items needing periodic maintenance. ■ Field changes in dimensions and details. ■ Changes made by Project Manager or Consultant's written instructions or by Change Order. ■ Details not on original Contract Drawings. ■ Equipment, conduit, and/or electrical panel locations. ■ Project Manager or Consultant's schedule changes according to Contractor's records and shop drawings. Specifications and Addenda Legibly mark each section to record: ■ Manufacturer, trade name, catalog number, and Supplier of each product and item of equipment actually installed. ■ Changes made by Project Manager or Consultant's written instructions or by Change Order. Approved Shop Drawings: Provide record copies for each process equipment, piping, electrical system, and instrumentation system. As -built documents shall be updated monthly as a condition precedent to payment. For construction of new buildings, or building additions, field improvements, and/or roadway improvements as -built drawings signed and sealed by a Florida licensed Registered Land Surveyor. In addition, for Projects that involve roadwork and drainage, Contractor shall provide complete as -built information relative to location, size, and depth of new pipes, manholes, inlets, etc. Identify grading; include locations of fittings, valves, fire hydrants, changing in pipe materials, water sampling points, thrust blocks, benchmarks, etc. The information shall be accurately recorded by the Contractor and submitted (signed and sealed by a Florida Certified P.L.S.) to the City of Miami prior to final acceptance of the Work. All recorded information on existing utility crossing encountered during construction, included but not limited to pipes, inlets, manholes, etc., shall be recorded by a Florida Registered Surveyor and shown on the record drawings. The Project's as -built set of drawings shall Include GPS coordinates (X, Y, and Z) for all new and/or existing vacuum cleaned drainage system openings (i.e., catch basins, inlets, manholes, etc.) Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 61. Worker's Identification The Contractor's employees, who include any Subcontractor, shall wear an identification card provided by the Contractor. The identification card shall bear the employee's picture, name, title, and name of the employer. Failure by a Contractor's employee to wear such identification may result in his removal from the Work until such time as the identification card is obtained and worn. Such removal shall not act as a basis for the Contractor to submit a claim for an extension of time. 62. Removal of Unsatisfactory Personnel The City may make written request to the Contractor for the prompt removal and replacement of any personnel employed or retained by the Contractor, or any or Subcontractor engaged by the Contractor to provide and perform services or Work pursuant to the requirements of the Contract Documents. The Contractor shall respond to the City within seven (7) calendar days of receipt of such request with either the removal and replacement of such personnel or written justification as to why that may not occur. The City shall make the final determination as to the removal of unsatisfactory personnel from Work assigned by City. The Contractor agrees that the removal of any of its employees does not require the termination or demotion of employee(s). 63. Substantial Completion, Punch List, and Final Completion The Work shall be substantially complete when the City, in the reasonable exercise of their discretion determines that the Work is complete, there are no material and/or substantial variations from the Contract Documents, and the Work is fit for its intended purpose. Upon Substantial Completion, the City and the Contractor shall sign the Substantial Completion Inspection Form. The signing of this form shall not relieve the Contractor from its obligation to complete the Project. When the Contractor believes that the Work is substantially complete, the Contractor shall request in writing that the City inspects the Work to determine if Substantial Completion has been achieved. No request for Substantial Completion inspection is to be submitted until the Contractor has obtained a Certificate(s) of Occupancy, Certificate of Completion or Completion or a Temporary Certificate of Occupancy or any other approvals from agencies having jurisdiction over the Work. The City shall schedule the date and time for any inspection and notify the Contractor and any other parties deemed necessary. During this inspection, the Project Substantial Completion Inspection Form will be completed, as necessary. Any remaining Construction Work shall be identified on this form and shall be known as Punch List Work. The Punch List shall be signed by the City and the Contractor, confirming that the Punch List contains the item(s) necessary to complete the Work. The failure or refusal of the Contractor to sign the Project Substantial Completion Inspection Form or Punch List shall not relieve the Contractor from complying with the findings of the Project Substantial Completion Inspection and completing the Project to the satisfaction of the City. Where the Punch List is limited to minor omissions and defects, the City shall indicate that the Work is substantially complete subject to completion of the Punch List. Where the City determines, on the appropriate form that the Work is not substantially complete, the City shall provide a list of all open items necessary to achieve Substantial Completion. Upon completion of such Work, the Contractor shall request another Substantial Completion inspection. The City and the Contractor shall agree on the time reasonably required to complete all the remaining Work included in the Punch List. Upon the receipt of all documentation, resolution of any outstanding issues and issuance of final payment, the City shall notify the Contractor in writing of the closeout of the Project. The City will prepare a Certificate of Substantial Completion in the form that shall establish the Date of Substantial Completion. Once substantial completion is achieved, the City shall be responsible for security, maintenance, heat, utilities, damage to the Project site, and insurance; and shall list all Work yet to be completed to satisfy the requirements of the Contract Documents for Final Completion. The failure to Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 include any items of corrective Work on such list does not alter the responsibility of Contractor to complete all of the Work in accordance with the Contract Documents. Warranties required by the Contract Documents shall commence on the date of Final Acceptance completion of the Work or designated portion thereof unless otherwise provided in the Contract Documents. 64. Acceptance and Final Payment Upon receipt of written notice from the Contractor that the Work is ready for final inspection and acceptance, the City shall, within ten (10) calendar days, make an inspection thereof. If the City finds the Work acceptable, the requisite documents have been submitted and the requirements of the Contract Documents have been fully satisfied, and all conditions of the permits and regulatory agencies have been met, a Final Certificate for Payment shall be issued by the City. Said Certificate shall state that the requirements of the Contract Documents have been performed and the Work is ready for acceptance under the terms and conditions thereof. Before issuance of the Final Certificate for Payment, Contractor shall deliver to the City a final release of all liens arising out of the Contract Documents, receipts in full in lieu thereof; an affidavit certifying that all suppliers and Subcontractors have been paid in full and that all other indebtedness connected with the Work has been paid, and a consent of the surety to final payment; the final corrected as -built drawings; operations and maintenance data, and the final bill of materials, if required, and payment application. Contractor shall deliver the written Contractor's and all Manufacturer's warranties prior to issuance of the Final Certificate for Payment. If, after the Work has been substantially completed, full completion thereof is materially delayed through no fault of Contractor, and the Project Manager so certifies, City shall, upon such certification of Consultant, and without terminating the Contract Documents, make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. The acceptance of final payment shall constitute a waiver of all claims by Contractor, except those previously made in strict accordance with the provisions of the Contract and identified by Contractor as unsettled at the time of the application for final payment. 65. NPDES Requirements Contractor shall comply with the State of Florida rules and regulations for the National Pollutant Discharge Elimination System (NPDES) including but not limited to all permitting, Notices of Intent, and the Storm Water Pollution Prevention Plan (SWPPP). All costs for NPDES and SWPPP shall be included in the bid prices. For further information on compliance requirements for NPDES and SWPPP contact the City of Miami Public Works Department at (305) 416-1200 or visit the State of Florida website at http://www.dep.state.fl.us/water/stormwater/npdes/. The Contractor is responsible for obtaining, completing, and paying for any required NPDES application or permits that may be required. 66. Force Maieure Should any failure to perform on the part of Contractor be due to a condition of force majeure as that term is interpreted under Florida law, and then the City may allow an extension of time reasonably commensurate with the cause of such failure to perform or cure. If the Contractor is delayed in performing any obligation under the Contract Documents due to a force majeure condition, the Contractor shall request a time extension from the City within two (2) business days of said force majeure occurrence. Any time extension shall be subject to mutual agreement and shall not be cause for any claim by the Contractor for extra compensation unless additional services are required. It does not include inclement weather, except as permitted by Florida law, and may not include the acts or omissions of Subcontractors. Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 67. Extension of Time Any reference in this section to the Contractor shall be deemed to include suppliers, and permitted Subcontractors, whether or not in privity of Contract with the Contractor for the purpose of this Article. If the Contractor is delayed at any time during the progress of the Work beyond the Contract Time and/or Notice to Proceed (NTP) by the neglect or failure of the City or by a Force Majeure, then the Contract Time set forth in the Contract shall be extended by the City subject to the following conditions: ■ The cause of the delay arises after issuance of the NTP and could not have been anticipated by the Contractor by reasonable investigation before proceeding with the Work. ■ The Contractor demonstrates that the completion of the Work will be actually and necessarily delayed; and ■ The effect of such a cause cannot be avoided or mitigated by the exercise of all reasonable precautions, efforts, and measures whether before or after the occurrence of the cause of delay. Note: A delay meeting all the conditions of the above, shall be deemed an Excusable Delay. The City reserves the right to rescind or shorten any extension previously granted if subsequently, the City determines that any information provided by the Contractor in support of a request for an extension of time was erroneous; provided however, that such information or facts, if known, would have resulted in a denial of the request for an Excusable Delay. Notwithstanding the above, the City will not rescind or shorten any extension previously granted if the Contractor acted in reliance upon the granting of such extension and such extension was based on information which, although later found to have been erroneous, was submitted in good faith by the Contractor. The request for an Excusable Delay shall be made within ten (10) calendar days, except for Force Majeure which must be requested within two (2) business days, after the time when the Contractor knows or should have known of any cause for which it may claim an extension of time and shall provide any actual or potential basis for an extension of time, identifying such causes and describing, as fully as practicable at that time, the nature and expected duration of the delay and its effect on the completion of that part of the Work identified in the request. The City may require the Contractor to furnish such additional information or documentation, as the Project Manager shall reasonably deem necessary or helpful in considering the requested extension. The Contractor shall not be entitled to an extension of time unless the Contractor affirmatively demonstrates that it is entitled to such extension. The Project Manager shall endeavor to review and respond to the Contractor's request for Excusable Delays in a reasonable period of time; however, the Contractor shall be obligated to continue to perform the Work required regardless of whether the Project Manager has issued a decision or whether the Contractor agrees or disagrees with that decision. With regard to an injunction, strike, or interference of public origin, which may delay the Project, the Contractor shall promptly give the City a copy of the injunction or other orders and copies of the papers upon which the same shall have been granted. The City shall be afforded the right to intervene and become a party to any suit or proceeding in which any such injunction shall be obtained and move to dissolve the same or otherwise, as the City may deem proper. The permitting of the Contractor to proceed with the Work subsequent to the date specified in the Contract (as such date may have been extended by a change order), the making of any payment to the Contractor, the issuance of any Change Order, shall not waiver the City's rights under the Contract, including but not limited to the assessment of liquidated damages or declaring Contractor in default. Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 68. Notification of Claim Any claim for a change in the Contract Time or Contract Price shall be made by written notice by Contractor to the City within ten (10) calendar days of the commencement of the event giving rise to the claim and stating the general nature and cause of the claim. Thereafter, within twenty (20) calendar days of the termination of the event giving rise to the claim, written notice of the extent of the claim with supporting information and documentation shall be provided unless the City allows an additional period of time to ascertain more accurate data in support of the claim and such notice shall be accompanied by Contractor's written notarized statement that the adjustment claimed is the entire adjustment to which the Contractor has reason to believe it is entitled as a result of the occurrence of said event. All claims for changes in the Contract Time or Contract Price shall be determined by the City in accordance with Article 70, "No Damages for Delay," if City and Contractor cannot otherwise agree. It is expressly and specifically agreed that any and all claims for changes to the Contract time or Contract price shall be waived if not submitted in strict accordance with the requirements of this Article. The Contract time will be extended in an amount equal to time lost on critical Work items due to delays beyond the control of and through no fault or negligence of Contractor if a claim is made therefore as provided in this Article. Such delays shall include, but not be limited to, acts or neglect by any separate Contractor employed by City, fires, floods, labor disputes, epidemics, abnormal weather conditions, or acts of God 69. Extension of Time not Cumulative In case the Contractor shall be delayed for any period of time by two or more of the causes mentioned in Article 71, "Excusable Delay, Non-Compensable," the Contractor shall not be entitled to a separate extension for each one of the causes; only one (1) period of extension shall be granted for the delay. 70. No Damages for Delay No claim for damages or any claim, other than for an extension of time, shall be made or asserted against the City by reason of any delays except as provided herein. Contractor shall not be entitled to an increase in the Contract price or payment or compensation of any kind from City for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by Contractor for actual delays due solely to fraud, bad faith or active interference on the part of City. Otherwise, Contractor shall be entitled only to extensions of the Contract Time for completion of the Work as the sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above. THERE WILL BE NO EXCEPTIONS. Except as may be otherwise specifically provided for in the Contract Documents, the Contractor agrees to make no claim for damages for delay of any kind in the performance of the Contract Documents whether occasioned by any act or omission of the City or any of its representatives (whether it is an Excusable Delay or otherwise) and the Contractor agrees that any such claim shall be compensated solely by an extension of time to complete performance of the Work. In this regard, the Contractor alone hereby specifically assumes the risk of such delays, including without limitation: delays in processing or approving shop drawings, samples or other submittals or the failure to render determinations, approvals, replies, inspections, or tests of the Work, in a timely manner. The Contractor shall not receive monetary compensation for City delay. Time extensions may be authorized, in writing, by the City in certain situations. 71. Excusable Delay, Non-Compensable Excusable Delay is (i) caused by circumstances beyond the control of Contractor, its Subcontractors, suppliers and vendors, agents and representatives, and is also caused by circumstances beyond the control of the City or Consultant, or (ii) is caused jointly or concurrently by Contractor or its Subcontractors, Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 suppliers or vendors or agents and representatives and by the City or Consultant. Then Contractor shall be entitled only to a time extension and no compensation for the delay. Contractor is entitled to a time extension of the Contract time for each day the Work is delayed due to Excusable Delay. Contractor shall document its claim for any time extension as provided in Article 68, "Notification of Claim," hereof. Failure of Contractor to comply with Article 68, "Notification of Claim" hereof as to any particular event of delay shall be deemed conclusively to constitute a waiver, abandonment, or relinquishment of any and all claims resulting from that particular event of delay. 72. Lines and Grades The Contractor shall, at its own expense, establish all working and construction lines and grades as required from the Project control points set by the City, and shall be solely responsible for the accuracy thereof. All Work along the entire Project shall be located and constructed using the roadway base/center line as reference. All elevations shown therein are in feet. 73. Defective Work Project Manager shall have the authority to reject or disapprove Work that Project Manager finds to be defective. If required by the City, Contractor shall promptly either correct all defective Work or remove such defective Work and replace it with Work in conformity with the Contract Documents. Contractor shall bear all direct, indirect, and consequential costs of such removal or corrections including cost of testing laboratories and personnel. Should Contractor fail or refuse to remove or correct any defective Work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by the City, City shall have the authority to cause the defective Work to be removed or corrected or make such repairs as may be necessary at Contractor's expense. Any expense incurred by the City in making such removals, corrections, or repairs, shall be paid for out of any monies due or which may become due to Contractor, or may be charged against the Performance Bond. In the event of failure of Contractor to make all necessary repairs promptly and fully, City may declare Contractor in default. If, within one (1) year after the date of Substantial Completion or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision of the Contract, any of the Work is found to be defective or not in accordance with the Contract Documents, Contractor, after receipt of written notice from City, shall promptly correct such defective or nonconforming Work within the time specified by City without cost to City, to do so. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation that the Contractor might have under the Contract Documents including but not limited to any claim regarding latent defects. Failure to reject any defective Work or material shall not in any way prevent later rejection when such defect is discovered, or obligate City to final acceptance. 74. Acceptance of Defective or Non -Conforming Work The City, in its sole discretion, may elect in writing to accept defective or non -conforming Work instead of requiring its removal and correction. In such instances, a Change Order will be issued to reflect an appropriate reduction in the Contract sum, or, if the amount is determined after final payment, any difference in the amount shall be paid to the City by the Contractor. 75. Uncovering Finished Work The Project Manager's, Inspector's, and/or Consultant's right to make inspections shall include the right to order the Contractor to uncover or take down portions of finished Work. The City shall notify the Contractor in writing concerning all uncovered finished Work. Should the Work prove to be in accordance with the Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 Contract Documents, the uncovering, taking down, replacement, and/or restoration of the parts removed will be treated as Extra Work for the purpose of computing additional compensation and an extension of time. Should the Work examined prove unsatisfactory, such uncovering, taking down, replacing and restoration shall be at the expense of the Contractor. Such expenses shall also include repayment to the City for any and all expenses or costs incurred by it, including employee salaries or related costs, in connection with such uncovering, taking down, replacing, and restoration at the Project site. 76. Correction of Work The Contractor shall promptly correct all Work rejected by the Project Manager as defective or as failing to conform to the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed, or completed. The Contractor shall bear all cost of correcting such rejected Work, including the cost of the City's additional services thereby made necessary. The Contractor further agrees that after being notified in writing by the Project Manager of any Work not in accordance with the requirements of the Contract Documents or any defects in the Work, the Contractor will commence and prosecute with due diligence all Work necessary to fulfill the terms of the Contract and to complete the Work within a reasonable period of time, as determined by the City, and in the event of failure to so comply, the Contractor does hereby authorize the City to proceed to have such Work done at the Contractor's expense and that the Contractor will pay the cost thereof upon demand. The City shall be entitled to all costs, including reasonable attorneys' fees, necessarily incurred upon the Contractor's refusal to pay the above costs. Notwithstanding the foregoing paragraph, in the event of an emergency constituting an immediate hazard to the health or safety of personnel, property, or licensees, the City may undertake, at the Contractor's expense, without prior notice, all Work necessary to correct such hazardous condition when it was caused by Work of the Contractor not being in accordance with the requirements of the Contract. If, within one (1) year after the date of final completion of the Project or within such longer period(s) of time as may be prescribed by law, by the Contract Documents, or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the City to do so. The City shall give such notice promptly after discovery of the condition. All such defective or non -conforming Work shall be removed from the site if necessary and the Work shall be corrected to comply with the Contract Documents without cost to the City. 77. Maintenance of Traffic and Public Streets Scope of Work The Contractor shall be responsible for the maintenance of public streets and traffic control necessary to perform the Work under the Contract Documents. The cost of traffic control shall be included in the Contractor's bid. Reg ulations As used herein, any reference to Miami -Dade County, its departments, or its published regulations, permits and data, shall be synonymous and interchangeable with other recognized governing bodies over particular areas or streets, or their departments, published regulations (i.e., Manual of Uniform Traffic Control Devices (MUTCD), Federal Department of Transportation (FDOT), Roadway and Bridge Standard Index Drawing Book, permits or data. The Contractor shall abide by all applicable laws, regulations, and codes thereof pertaining to Maintenance of Traffic (MOT) on public streets, detour of traffic, traffic control and other provisions as may be required for this Project. Maintenance of Traffic (MOT) The Contractor shall be fully responsible for the MOT on public streets, detour of traffic (including furnishing and maintaining regulatory and informative signs along the detour route), traffic control, and other Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 provisions, throughout the Project, as required by the Manual of Uniform Traffic Control Devices (MUTCD), and FDOT Roadway and Bridge Standard Index drawing Book. Traffic shall be maintained according to corresponding typical traffic control details as outlined in the previous noted standards. No Street shall be completely blocked, nor blocked more than one-half at any time, keeping the other one-half open for traffic, without specific approval. If required by the Project Manager, Traffic Division, or FDOT or as otherwise authorized by the City, the Contractor shall make arrangements for the employment of uniformed off -duty police officers to maintain and regulate the flow of traffic through the Work area. The number of men required and the number of hours on duty necessary for the maintenance and regulation of traffic flow shall be provided by the City of Miami Police Department. The Contractor shall provide all barricades with warning lights, necessary arrow boards, and signs, to warn motorists of the Work throughout the Project. Adequate approved devices shall be erected and maintained by the Contractor to detour traffic. Excavated or other material stored adjacent to or partially upon a roadway pavement shall be adequately marked for traffic safety at all times. The Contractor shall provide necessary access to all adjacent property during construction. The Contractor shall be responsible for the provision, installation, and maintenance of all MOT and safety devices, in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) and FDOT Roadway and Bridge Standards index -drawing book. In addition, the Contractor shall be responsible for providing the City with MOT plans for lane closures and/or detours for approval. These plans (sketches) shall be produced, signed, and sealed by a professional engineer registered in the State of Florida, employed by the Contractor, and certified under FDOT Procedure NPIL No. 625-010-010. Where excavations are to be made in the vicinity of signalized intersections, attention is directed to the fact that vehicle loop detectors may have been embedded in the pavement. Verify these locations by inspecting the site of the Work and by contacting the Sunshine State One -Call Center (1-800-432-4770), forty-eight (48) hours prior to any excavation. Any loop detector that is damaged, whether shown on the Plans or not, shall be repaired or replaced to the satisfaction of the Miami Dade County Signs and Signal Division (305) 592-3470. Where applicable, the Contractor shall notify the Traffic Division twenty-four (24) hours in advance of the construction date or forty-eight (48) hours in advance of construction within any signalized intersection. Temporary pavement will be required over all cuts in pavement areas, and also where traffic is to be routed over swale or median areas. When the temporary pavement for routing traffic is no longer necessary, it shall be removed, and the swale or median areas restored to their previous condition. Pavement markings damaged during construction shall be remarked, as required by the Traffic Division. Maintenance of Traffic for Bypass Pumping The Contractor shall take appropriate steps to ensure that all temporary pumps, piping, and hoses are protected from vehicular traffic and pedestrian traffic. Lane Closures Where construction of the Project shall involve lane closures of public streets, a Lane Closure Permit must be obtained two (2) weeks prior to planned construction, with a minimum forty-eight (48) hour prior notice to local police and emergency departments (some police jurisdictions may require considerably more notice). Lane closures of a one day or less duration will generally not be approved for major collector streets or for arterial streets during the hours of 7:00 A.M. to 9:00 A.M. and 4:00 P.M. to 6:00 P.M. weekdays. Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 78. Location and Damage to Existing Facilities, Equipment, or Utilities As far as possible, all existing utility lines in the Project area(s) will be shown on the plans. However, City does not guarantee that all lines are shown, or that the ones indicated are in their true location. It shall be the Contractor's responsibility to field -verify all underground and overhead utility lines or equipment affecting or affected by the Project. No additional payment will be made to the Contractor because of discrepancies in the actual and planned location of utilities, and damages suffered as a result thereof. The Contractor shall notify each utility company involved at least fourteen (14) calendar days prior to the start of construction to arrange for positive underground location, relocation, or support of its utility where that utility may be in conflict with or endangered by the proposed construction. Relocation of water mains or other utilities for the convenience of the Contractor shall be paid for by the Contractor. All charges by utility companies for temporary support of its utilities shall be paid by the Contractor. All costs of permanent utility relocation to avoid conflict shall be the responsibility of the utility company involved. No additional payment will be made to the Contractor for utility relocations, whether or not said relocation is necessary to avoid conflict with other lines. The Contractor shall schedule the Work in such a manner that the Work is not delayed by the utility providers relocating or supporting their utilities. The Contractor shall coordinate its activities with any and all public and private utility providers occupying the right-of-way. No compensation will be paid to the Contractor for any loss of time or delay. All overhead, surface, or underground structures and utilities encountered are to be carefully protected from injury or displacement. All damage to such structures is to be completely repaired within a reasonable time; needless delays will not be tolerated. The City reserves the right to remedy such damage by ordering outside parties to make such repairs at the expense of the Contractor. All such repairs made by the Contractor are to be made to the satisfaction of the utility owner. All damaged utilities must be replaced or fully repaired. All repairs are to be inspected by the utility owner prior to backfilling. 79. Stop Work Order The City may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the Work for a period of up to ninety (90) calendar days (or any lesser period), commencing no sooner than the date the order is delivered to the Contractor, or the Stop Work Order may commence on a later date as the parties may agree. Any such order shall be specifically identified as a "Stop Work Order" issued pursuant to this paragraph. Within the period of ninety (90) calendar days (or the lesser period specified) after a Stop Work Order is delivered to the Contractor, or within any extension to which the parties have agreed, the City shall either: ■ Cancel the Stop Work Order; or ■ Terminate the Work covered by such order as provided in Article 89, "Termination for Convenience." If a Stop Work Order issued under this Article is canceled or the period of the order or any extension thereof expires, the Contractor shall resume the Work without compensation to the Contractor for such suspension other than extending the time for Substantial Completion to the extent that, in the opinion of the City, the Contractor may have been delayed by such suspension. In the event the City determines that the suspension of Work was necessary due to Contractor's defective or incorrect Work, unsafe Work conditions caused by the Contractor, or any other reason caused by Contractor's fault or omission, the Contractor shall not be entitled to an extension of time as a result of the issuance of a Stop Work Order. 80. Hurricane Preparedness During such periods of time as are designated by the United States Weather Bureau as being a hurricane warning, the Contractor, at no cost to the City, shall take all precautions necessary to secure the Project site in response to all threatened storm events, regardless of whether the City has given notice of same. Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 Compliance with any specific hurricane warning or alert precautions will not constitute additional Work. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the City has directed such suspension, will entitle the Contractor to additional Contract time as non-compensable, excusable delay, and shall not give rise to a claim for compensable delay. 81. Use of Completed Portions The City shall have the right, at its sole option, to take possession of and use any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance or beneficial use or occupancy of any of the Work not completed in accordance with the Contract Documents. If such possession and use increase the cost of or delays the Work, Contractor shall be entitled to reasonable extra compensation, or reasonable extension of time or both, as determined by the City. In the event City takes possession of any completed or partially completed portions of the Project, the following shall occur: ■ City shall give notice to Contractor in writing at least thirty (30) calendar days prior to City's intended occupancy of a designated area. ■ The Contractor shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion from the City. ■ Upon the City's issuance of a Certificate of Substantial Completion, the City will assume full responsibility for maintenance, utilities, subsequent damages of City and public, adjustment of insurance coverage, and start of warranty for the occupied area. ■ Contractor shall complete all items noted on the Certificate of Substantial Completion within the time specified by the City on the Certificate of Substantial Completion, as specified in the Punch List, and request final inspection and final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, City shall issue a Certificate of Final Payment relative to the occupied area. ■ If City finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by City and Contractor and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of Contractor and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. 82. Cleaning Up; City's Right to Clean Up The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. No fill or clearing stockpiles to remain on site for more than twenty-four (24) hours. At the completion of a Project, the Contractor shall remove all its waste materials and rubbish from and about the Project as well as its tools, construction equipment, machinery, and surplus materials. If Contractor fails to clean up during the prosecution of the Work or at the completion of the Work, City may do so, and the cost thereof shall be charged to Contractor. If a dispute arises between Contractor and separate contractors as to their responsibility for cleaning up, City may clean up and charge the cost thereof to the contractors responsible therefore as the City shall determine to be just. All combustible waste materials shall be removed from the Project at the end of each day. Cleaning operations should be controlled to limit dust and other particles adhering to existing surfaces. Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 83. Removal of Equipment In case of termination of this Contract before completion for any cause whatsoever, Contractor, if notified to do so by the City, shall promptly remove any part or all of Contractor's equipment and supplies from the property of City. If the Contractor does not comply with the City's order, the City shall have the right to remove such equipment and supplies at the expense of the Contractor. 84. Set -offs, Withholdings, and Deductions The City may set-off, deduct, or withhold from any payment due the Contractor, such sums as may be specifically allowed in the Contract or by applicable law including, without limitation, the following: ■ Any amount of any claim by a third party. ■ Any Liquidated Damages; and/or ■ Any unpaid legally enforceable debt owed by the Contractor to the City. The City shall notify the Contractor in writing of any such withholdings. Any withholding, which is ultimately held to have been wrongful, shall be paid to the Contractor in accordance with the Local Government Prompt Payment Act. 85. Event of Default An event of default shall mean a breach of the Contract or by the Contractor. Without limiting the generality of the foregoing and in addition to those instances referred to herein as a breach, an Event of Default, shall include but not limited to, one (1) or more of the following: ■ The Contractor has not performed the Work in a timely manner. ■ The Contractor has refused or failed, except in case for which an extension of time is provided, to supply properly skilled staff or provided sufficient quantities of staff to perform the Work. ■ The Contractor has failed to make prompt payment to Subcontractors or suppliers for any services or materials they have provided. ■ The Contractor has become insolvent or has assigned the proceeds received for the benefit of the Contractor's creditors, or the Contractor has taken advantage of any insolvency statute or debtor/creditor law or if the Contractor's affairs have been put in the hands of a receiver. ■ The Contractor has failed to obtain the approval of the City where required by the Contract. ■ The Contractor has failed in the representation of any warranties stated herein. ■ The Contractor has been debarred in the State of Florida or been placed on the convicted vendors list under Section 287.133, Florida Statutes. ■ The Contractor has breached a material term or provision of the Contractor Documents and has not timely cured the breach. ■ When, in the opinion of the City, reasonable grounds for uncertainty exist with respect to the Contractor's ability to perform the Work, the City shall notify the Contractor in writing that it must, within the time frame set forth in the City's request, provide adequate assurances and a plan of action to the City, in writing, of the Contractor's ability to perform in accordance with the terms of the Contract Documents. In the event that the Contractor fails to provide to the City the requested assurances within the prescribed time frame, the City may: » Treat such failure as a repudiation of the Contract and/or. Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 Resort to any remedy for breach provided herein or by law, including but not limited to, taking over the performance of the Work or any part thereof either by itself or through others. ■ In the event the City may, at its sole discretion, terminate the Contract for default, the City or its designated representatives may immediately take possession of all applicable documentation and data. ■ Where the City erroneously terminates the Contract or for default, the terminations shall be converted to a Termination for Convenience, and the Contractor shall have no further recourse of any nature for wrongful termination. 86. Notice of Default -Opportunity to Cure In the event that the City determines that the Contractor is in default of their obligations under the Contract, the City may at its sole discretion notify the Contractor in writing, specifying the basis for such default, and advising the Contractor that such default must be cured within a specified time frame, or the Contract with the City may be terminated. The City should issue such Notification; however, the City is under no obligation to issue such notification in the event the City lacks actual knowledge of the default. The City may grant an extension to the cure period if the City deems it appropriate and in the best interest of the City, without waiver of any of the City's rights hereunder. The City, at its sole discretion, may have a default corrected by its own forces or another Contractor and any such costs incurred will be deducted from any sums due to the Contractor under any Contract with the City. 87. Termination for Default If Contractor fails to comply with any term or condition of the Contract Documents, or fails to perform any of its obligations hereunder, then Contractor shall be in default. Upon the occurrence of a default hereunder which is not cured within the time specified to cure the default if one has been granted by the City, the Director in addition to all remedies available to it by law, may immediately, upon written notice to Contractor, terminate this Contract whereupon any advances for which Work has not been performed, paid by the City to Contractor while Contractor was in default shall be immediately returned to the City. The Director may also suspend any payment or part thereof or order a Work stoppage until such time as the issues concerning compliance are resolved. Contractor understands and agrees that termination of this Contract under this Article shall not release Contractor from any obligation accruing prior to the effective date of termination. A finding of default and subsequent termination for cause may include, without limitation, any of the following: ■ Contractor fails to obtain the insurance or bonding herein required by the Contract. ■ Contractor fails to comply with any of its duties under the Contract Documents, with any terms or conditions set forth in this Contract Documents, beyond any specified period allowed to cure such default. ■ Contractor fails to commence the Work within the timeframes provided or contemplated herein or fails to complete the Work in a timely manner as required by the Contract. If this Contract is terminated for default and the City has satisfied its obligations under the Contract Documents the City is granted by the Contractor full use of the Work and any Work Product in connection with the City's completion and occupancy of the Project. Where it has been determined that the Contractor has been erroneously terminated under this Article, such termination shall be deemed to have been under Article 89, "Termination for Convenience." The City in its sole discretion may terminate the Contract without providing the Contractor a written Notice to Cure. Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 88. Remedies in the Event of Termination for Default If a Termination for Default occurs, the Contractor and the bond provider, if applicable, shall be notified of the effective date of the termination and shall be liable for all damages resulting from the default, including but not limited to re -procurement costs and other direct damages. The Contractor shall stop Work as of the date of notification of the termination and immediately remove all labor, equipment, and materials (not owned or paid for by the City) from the Work site. The City assumes no liability for the Contractor's failure to remove such items from the Project site(s) as required. The Contractor shall also remain liable for any liabilities and claims related to the Contractor's default. As an alternative to termination, the City may bring suit or proceedings for specific performance or for an injunction. 89. Termination for Convenience In addition to cancellation or termination as otherwise provided for in the Contract, the City may at any time, in its sole discretion, with or without cause, terminate the Contract by written notice to the Contractor. Such Written Notice shall state the date upon which the Contractor shall cease all Work under the Contract and vacate the Project site(s). The Contractor shall, upon receipt of such notice, unless otherwise directed by the City: ■ Stop all Work on the Project on the date specified in the notice (the "Effective Date"). ■ Take such action as may be necessary for the protection and preservation of the City's materials and property. ■ Cancel all cancelable orders for materials and equipment. ■ Assign to the City and deliver to the site, or any other location specified by the Project Manager, any non -cancelable orders for materials and equipment that can not otherwise be used except for Work under the Contract and have been specifically fabricated for the sole purpose of the Work and not incorporated in the Work. ■ Take no action that shall increase the amounts payable by the City under the Contract Documents; and ■ Take reasonable measures to mitigate the City's liability under the Contract Documents. ■ All charts, sketches, studies, drawings, reports, and other documents, including electronic documents, related to Work authorized under the Contract, whether finished or not, must be turned over to the City. Failure to deliver the documentation timely shall be cause to withhold any payments due without recourse by Contractor until all documentation is delivered to the City. In the event that the City exercises its right to terminate the Contract pursuant to the Contract Documents, the City will pay the Contractor: ■ For the actual cost or the fair and reasonable value, whichever is less, of (1) the portion of the Project completed in accordance with the Contract through the completion date, and (2) non -cancelable material(s) and equipment that is not of any use to the City except in the performance of the Contract and has been specifically fabricated for the sole purpose of the Contract but not incorporated in the Work. To the extent practical, the fair and reasonable value shall be based on the price established because of the Contract. In no event, shall any payments under this Paragraph exceed the maximum cost set forth in the Contract. ■ The amount due hereunder may be offset by all payments made to the Contractor. Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 ■ All payments pursuant to this Article shall be accepted by the Contractor in full satisfaction of all claims against the City arising out of the termination. Further, the City may deduct or set off against any sums due and payable under this Article any claims it may have against the Contractor. ■ The Contractor shall not be entitled to lost profits, overhead or consequential damages as a result of a Termination for Convenience. ■ All payments made under the Contract are subject to audit. Upon the City's payment in full of the amounts due to the Contractor under this Article the Contractor grants the City full use of the Work and any Work Product to complete the Project and subsequently occupy the Project. 90. Resolution of Disputes Contractor understands and agrees that all disputes between the Contractor and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted for resolution in the following manner. The initial step shall be for the Contractor to notify the Project Manager in writing of the claim or dispute and submit a copy to the City of Miami personnel identified in Section 2, Article 4, "Notices." Should the Contractor and the Project Manager fail to resolve the dispute, the Contractor shall submit their dispute in writing, with all supporting documentation, to the Assistant Director of OCI, as identified in Section 2, Article 4, "Notices." Upon receipt of said notification, the Assistant Director of OCI shall review the issues related to the claim or dispute and issue a written finding. Should the Contractor and the Assistant Director of OCI fail to resolve the dispute, the Contractor shall submit their dispute in writing within five (5) calendar days to the Director of OCI. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Contractor. Upon receipt of said notification, the Director of OCI shall review the issues related to the claim or dispute and issue a written finding. The Contractor must submit any further appeal in writing within five (5) calendar days to the City Manager. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Contractor. Appeal to the City Manager for the resolution, is required prior to Contractor being entitled to seek judicial relief in connection therewith. Should the amount of compensation hereunder exceed one hundred thousand dollars ($100,000), the City Manager's decision shall be approved or disapproved by the City Commission. Contractor shall not be entitled to seek judicial relief unless: ■ It has first received City Manager's written decision, approved by the City Commission if applicable; or ■ A period of sixty (60) calendar days has expired after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation, or a period of ninety (90) calendar days has expired where City Manager's decision is subject to City Commission for approval; or ■ City has waived compliance with the procedure set forth in this Article by written instrument(s) signed by the City Manager. In the event the determination of a dispute under this Article is unacceptable to either party hereto, the party objecting to the determination must notify the other party in writing within fourteen (14) calendar days of receipt of the written determination. The notice must state the basis of the objection and must be accompanied by a statement that any Contract price or Contract time adjustment claimed is the entire adjustment to which the objecting party has reason to believe it is entitled to as a result of the determination. Within sixty (60) calendar days after Final Completion of the Work, the parties shall participate in mediation to address all objections to any determinations hereunder and to attempt to prevent litigation. The mediator Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 shall be mutually agreed upon by the parties. Should any objection not be resolved in mediation, the parties retain all their legal rights and remedies provided under State law. If a party fails to timely take the written objection, as provided, in fourteen (14) calendar days, then such party objecting to a determination specifically waives all of its rights provided hereunder, including its rights and remedies under State law, if said party fails to comply in strict accordance with the requirements of this Article. 91. Mediation -Waiver of Jury Trial In an effort to engage in a cooperative effort to resolve conflict which may arise during the course of the construction of a Project, and/or following the completion of the Project, the parties to this Contract agree all unresolved disputes between them shall be submitted to non -binding mediation prior to the initiation of litigation, unless otherwise agreed in writing by the parties. A certified Mediator, who the parties find mutually acceptable, will conduct any Mediation Proceedings in Miami -Dade County, State of Florida. The parties will share the costs of a certified Mediator on a 50/50 basis. The Contractor agrees to include similar Contract provisions with all Sub -Contractors retained for the Work, thereby providing for non -binding mediation as the primary mechanism for dispute resolution. In an effort to expedite the conclusion of any litigation, the parties voluntarily waive their right to jury trial or to file permissive counterclaims in any action arising under this Contract. In any mediation or litigation between the Parties, each Party shall bear their own attorney's fees except that Contractor shall pay all attorney's fees of all attorneys it has engaged to defend the City pursuant the Contractor's duty to indemnify, hold harmless and defend the City pursuant to Section 2, Article 6, "Indemnification." 92. City May Avail Itself of All Remedies The City may avail itself of each and every remedy herein specifically given to it now or existing at law or in equity, and each and every such remedy shall be in addition to every other remedy so specifically given or otherwise so existing and may be exercised from time to time and as often and in such order as may be deemed expedient by the City. The exercise, or the beginning of the exercise, of one remedy shall not be deemed a waiver of the right to exercise, at the same time or thereafter, of any other remedy. The City's rights and remedies as set forth in the Contract Documents are not exclusive and are in addition to any other rights and remedies in law or in equity. 93. Permits, Licenses, and Impact Fees All applicable permit fees, including those assessed by the City, are the responsibility of the Contractor. That also includes any other permit fees not directly related to the actual construction of the Project, including but not limited to, licenses, permits and fees, such as Permits for dumpsters, job trailers, etc., which may be required by Miami -Dade County, the State of Florida, or other governmental entities. Except as otherwise provided within the Contract Documents, all permits, and licenses required by federal, state, or local laws, rules, and regulations necessary for the prosecution of the Work undertaken by Contractor pursuant to the Contract Documents shall be secured and paid for by Contractor. It is Contractor's responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the Work to be performed and valid for the jurisdiction in which the Work is to be performed for all persons working on the Project for whom a Certificate of Competency is required. The contractor shall pay impact or similar fees levied by the City and/or Miami -Dade County. The Contractor shall be reimbursed only for the actual amount of the impact fee levied by the public entity as evidenced by an invoice or other acceptable documentation issued by the public entity. Fees for Permits REQUIRED BY THE CITY AND PAYABLE TO THE CITY (e.g., Building Department's Fees such as, Master Permit, Major Trades, Mechanical, Electrical, and Plumbing Fees; Public Works Fees, such as Line and Grade, Excavation, Dewatering and NPDES Fees, and Zoning Department's Fees) by virtue of this construction as part of the Contract shall be reimbursed to the Contractor by the City Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 through an Allowance Account set for herein, evidenced by an invoice or other acceptable documentation issued by the public entity. Permit Fees reimbursement to Contractor shall be for the actual amount and in no event shall include profit or overhead of Contractor. Permit fees related the Contractor's operations (e.g., permits for dumpsters, job trailers, canteens, portable commodes, etc., et.al.) are not reimbursable. 94. Compliance with Applicable Laws All Work shall be constructed in accordance with the latest edition of the City of Miami's Contract documents and specifications, the City of Miami's Standards for Design and Construction as well as the Miami -Dade County's Standard Details, and the 2007 Edition of the Florida Department of Transportation Specifications Road and Bridge Construction. The Contractor shall comply with the most recent editions and requirements of all applicable laws, rules, regulations, and building and construction codes of the Federal government, the State of Florida, the County, and the City. The attention of the Contractor is directed to the requirements of the Florida Building Code and the Codes of Miami -Dade County and the City of Miami, Florida, governing the qualifications for Contractor and Subcontractor doing business anywhere in the City. 95. Independent Contractor The Contractor is engaged as an independent business and agrees to perform Work as an Independent Contractor. In accordance with the status of an Independent Contractor, the Contractor covenants and agrees that the Contractor will conduct business in a manner consistent with that status, that the Contractor will not claim to be an officer or employee of the City for any right or privilege applicable to an officer or employee of the City, including, but not limited to: worker's compensation coverage; unemployment insurance benefits; social security coverage; retirement membership, or credit. The Contractor's staff shall not be employees of the City, and the Contractor alone shall be responsible for their Work, the direction thereof, and their compensation and benefits of any kind. Nothing in the Contract shall impose any liability or duty on the City on account of the Contractor's acts, omissions, liabilities or obligations of those of any person, firm, company, agency association, corporation, or organization engaged by the Contractor as a Subcontractor, expert, consultant, Independent Contractors, specialist, trainee, employee, servant or agent or for taxes of any nature, including, but not limited to: unemployment insurance; worker's compensation and anti -discrimination, or workplace legislation of any kind. The Contractor hereby agrees to defend, indemnify, hold, and save harmless the City against any such liabilities, even if they arise from actions directed or taken by the City. 96. Third Party Beneficiaries Neither Contractor nor City intends to benefit a third party, directly or substantially, by this Contract. Therefore, the parties agree that there are no third -party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract. 97. Successors and Assigns Subject to Section 2, Article 111, "Consent of City Required for Subletting or Assignment," the performance of this Contract shall not be transferred pledged, sold, delegated, or assigned, in whole or in part, by the Contractor without the written consent of the City. It is understood that a sale of the majority of the stock or partnership shares of the Contractor, a merger or bulk sale, an assignment for the benefit of creditors shall each be deemed transactions that would constitute an assignment or sale hereunder requiring prior City approval. Any transference without City approval shall be cause for the City to terminate this Contract. Any assignment without the City's consent shall be null and void. The Contractor shall have no recourse from Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 such cancellation. The City may require bonding, other security, certified financial statements, and tax returns from any proposed assignee and the execution of an assignment/ assumption agreement in a form satisfactory to the City Attorney as a condition precedent to considering approval of an assignment. The Contractor and the City each bind one another, their partners, successors, legal representatives, and authorized assigns to the other party of this Contract and to the partners, successors, legal representatives, and assigns of such party in respect to all covenants of this Agreement. 98. Materiality and Waiver of Breach City and Contractor agree that each requirement, duty, and obligation set forth in this Contract Documents is substantial and important to the formation of the Contract Documents and, therefore, is a material term hereof. City's failure to enforce any provision of the Contract Documents shall not be deemed a waiver of such provision or modification of the Contract Documents. A waiver of any breach of a provision of the Contract Documents shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of the Contract Documents. 99. Severability In the event any provision of the Contract Documents, or any Section or Article or provision in these Contract Documents, is determined by a Court of competent jurisdiction to be illegal or unenforceable, then such unenforceable or unlawful provision shall be excised from this Contract, and the remainder of the Contract Documents shall continue in full force and effect. Notwithstanding the foregoing, if the result of the deletion of such provision will materially and adversely affect the rights of either party, such party may elect, at its option, to terminate the Contract in its entirety. An election to terminate the Contract based upon this provision shall be made within seven (7) calendar days after the finding by the court becomes final. 100. Applicable Law and Venue of Litigation; Attorney's Fees This Contract will be interpreted under the laws of the State of Florida, which will apply regardless of choice of law principles. This Contract shall be enforceable in Miami -Dade County, Florida, and if legal action or other proceeding or claim is necessary by either party with respect to the enforcement of any or all of the terms or conditions, herein exclusive venue for the enforcement of same shall lie in Miami -Dade County, Florida. The parties waive any objections to venue. All parties shall bear their own attorney's fees. 101. Amendments No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City Manager, Director, or designee. 102. Entire Agreement The Contract Documents, as they may be amended from time to time, represent the entire and integrated Contract between the City and the Contractor and supersede all prior negotiations, representations, or agreements, written or oral. This Contract may not be amended, changed, modified, or otherwise altered in any respect, at any time after the execution hereof, except by a written document executed with the same formality and equal dignity herewith. Waiver by either party of a breach of any provision of the Contract Documents shall not be deemed to be a waiver of any other breach of any provision of the Contract Documents. 103. Non-discrimination, Equal Employment Opportunity, and Americans with Disabilities Act Contractor shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. Contractor shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 of disability), and all applicable regulations, guidelines, and standards. In addition, Contractor shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Contractor's decisions regarding the delivery of services under the Contract Documents shall be made without regard to or consideration of race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. 104. Evaluation Contractor acknowledges that upon completion of the Work under the Contract Documents and/or at any other time deemed appropriate by the City, a performance evaluation report will be completed by the City. A copy of each performance evaluation shall also be forwarded to the Contractor. The performance evaluations will be kept in City files for evaluation on future solicitations. 105. Commodities Manufactured, Grown or Produced in the City of Miami, Miami -Dade County, and the State of Florida Whenever two or more competitive sealed bids are received, one or more of which relates to commodities manufactured, grown, or produced within the City of Miami, Miami -Dade County and the State of Florida, and whenever all things stated in such received bids are equal with respect to price, quality, and service, the commodities manufactured, grown, or produced within the City of Miami, Miami -Dade County and the State of Florida shall be given preference. 106. Buy America Requirements NOT APPLICABLE 635 (§635.1 10, Buy America Requirements.) The Contractor must provide a signed certification statement validating that the raw steel or iron was smelted and formed in the United States. All manufacturing processes of the steel material in a project (i.e., smelting, and any subsequent proccsc which alters the steel material's physical form or shape or changes its chemicesition) must occur within the United States to be considered of domestic origin. This includes procees such as rolling, extruding, machining, bending grindin`r and drilling 107. Royalties and Patents All fees, royalties, and claims for any invention, or pretended inventions, or patent of any Article, material, arrangement, appliance, or method that may be used upon or in any manner be connected with the construction of the Work or appurtenances, are hereby included in the prices stipulated in the Contract for said Work. 108. Continuation of the Work Any Work that commences prior to and will extend beyond the expiration date of the current Contract period shall, unless terminated by mutual written agreement between the City and the involved Contractor, continue until completion at the same prices, terms, and conditions. 109. Review of Records City shall have the right to inspect and copy, at City's expense, the books and records and accounts of Contractor which relate in any way to the Project, and to any claim for additional compensation made by Contractor, and to conduct an audit of the financial and accounting records of Contractor which relate to a Project and to any claim for additional compensation made by Contractor including but not limited to all payroll records, invoices for materials, and books of accounts. Such records shall conform to Generally Accepted Accounting Principles requirements (GAAP) and shall only address those transactions related to the Contract. Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 Records subject to the provisions of Public Record Law, Florida Statutes Chapter 119, shall be kept in accordance with this statute. Otherwise, Contractor shall retain and make available to City all such books, records, and accounts, financial or otherwise, which relate to the Project and to any claim for a period of five (5) years following Final Completion of the Project. Contractor shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) Keep and maintain public records required by the City to perform the service; (2) upon request from the City's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the Contractor does not transfer the records to the City; (4) upon completion of the Contract, transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. The Contractor agrees to maintain an accounting system that provides for accounting records that are supported with adequate documentation and adequate procedures for determining allowable costs. Contractors shall develop the proper forms and reports acceptable to the City for the administration and management of the Contract Documents. The Subrecipient shall retain sufficient records to show its compliance with the terms of this Agreement and the compliance of all subrecipients, contractors, subcontractors, and consultants paid from funds under this Agreement for a period of six (6) years from the date Florida Commerce issues the final closeout for this award. The Subrecipient shall also comply with the provisions of 24 CFR 570.493 and 24 CFR 570.502(a)(7)(ii). The Subrecipient shall further ensure that audit working papers are available upon request for a period of six (6) years from the date Florida Commerce issues the final closeout of this Agreement, unless extended in writing by Florida Commerce. The six -year period may be extended for the following reasons: 1. Litigation, claim, or audit initiated before the six -year period expires or extends beyond the six -year period, in which case the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 2. Records for the disposition of non -expendable personal property valued at $1,000 or more at the time of acquisition shall be retained for six (6) years after final disposition. 3. Records relating to real property acquired shall be retained for six (6) years after the closing of the transfer of title. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDSMIAMI.GOV, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9T" FL, MIAMI, FL 33130. THE CONTRACTOR MAY ALSO CONTACT THE RECORDS Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT THAT IS ADMINISTERING THIS CONTRACT. 110. No Interest Any monies not paid by the City when claimed to be due to Contractor under the Contract Documents, including, but not limited to, any and all claims for damages of any type, shall not be subject to interest including, but not limited to prejudgment interest. However, the provisions of Section 218.74(4), Florida Statutes as such relate to the payment of interest, shall apply to valid and proper invoices. 111. Payments Related to Guaranteed Obligations The City may withhold from any payments to be made such sums as may reasonably be necessary to ensure completion of the Project with respect to defective Work, equipment, or materials that may be identified by the Project Manager. The City may deduct from any payment due to the Contractor an amount equal to its cost incurred on account of the Contractor's failure to fully perform its obligations under the Contract. The Project Manager, prior to withholding or deducting any monies hereunder, shall give the Contractor notice of the defective Work, equipment or material and the basis for the withholding or deduction. Upon the Project Manager's determination that the Contractor has fulfilled its obligations, the City will pay the Contractor any monies owed, subject to Contractor's submission of, or compliance with, any remaining documentation or obligation, as the case may be, in accordance with the Contract Documents 112. Consent of City Required for Subletting or Assignment If the Contractor assigns, transfers, sublets, conveys, or otherwise disposes of the Contract or its right, title, or interest in or to the same, in whole or in part, or any part thereof without the previous consent in writing of the City, such action shall be an Event of Default. Nothing herein shall either restrict the right of the Contractor to assign monies due to, or to become due or be construed to hinder, prevent, or affect any assignment by the Contractor for the benefit of its creditors, made pursuant to and in compliance with applicable general laws of the State of Florida. 113. Agreement Limiting Time in Which to Bring Action against the City In the event the Contractor may be deemed to have a cause of action against the City, no action shall lie or be maintained by the Contractor against the City upon any claim arising out of or based upon the Contract Documents by reason of any act or omission or requirement of the City or its agents, unless such action shall be commenced within six (6) months after the date of issuance of a final payment under the Contract, or if final payment has not been issued within six (6) months of substantial completion of the Work or upon any claim relating to monies required to be retained for any period after the issuance of the said certificate, unless such action is commenced within six (6) months after such monies become due and payable under the terms of the Contract Documents, or if the Contract is terminated or declared abandoned under the provisions of the Contract unless such action is commenced within six (6) months after the date of such termination or declaration of abandonment by the City. In the event this Article is found to be unenforceable, the shortest limitations period applicable to the action under Chapter 95, Florida Statutes shall apply. 114. Defense of Claims Should any claim be made, or any legal action brought in any way relating hereto or to the Work hereunder, except as is covered by the provisions of the General Terms and Conditions, Section 2, Article 6, "Indemnification," the Contractor shall diligently render to the City, after additional compensation is mutually agreed upon, any and all assistance which the City may require of the Contractor. Additional compensation will only be furnished relative to the costs of any corrective Work as defined in Section 2, Article 6, "Indemnification," which is not the fault of the Contractor; the Contractor will be responsible for payment of Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 attorney's fees and costs incurred in defense of the Contractor and of the City. This Section shall survive the cancellation or expiration of this Contract. 115. Contingency Clause Funding for this Contract is contingent on the availability of funds and continued authorization for program activities, and the Contract is subject to amendment or termination due to lack of funds, reduction of funds and/or change in programs or regulations, upon thirty (30) calendar days' notice. 116. Mutual Obligations This document, change order, field directive, and written clarifications issued under the Contract, and the Contractor's submittals, shall constitute the Contract Documents between the parties with respect hereto and supersedes all previous communications and representations or agreements, whether written or oral, with respect to the subject matter hereto unless acknowledged in writing by their duly authorized representatives. Nothing in the Contract shall be construed for the benefit, intended or otherwise, of any third party that is not a parent or subsidiary of a party or otherwise related (by virtue of ownership control or statutory control) to a party. In those situations where the Contract Documents imposes an indemnity obligation on the Contractor, the City may, at its expense, elect to participate in the defense of the claim if the City should so choose. Furthermore, the City may, at its own expense, defend or settle any such claim if the Contractor fails to diligently defend such claim, and thereafter seek indemnity for such cost from the Contractor. 117. Contract Extension The City reserves the right to exercise its option to extend the Contract for up to ninety (90) calendar days beyond the original Contract period. In such event, the City will notify the Contractors, in writing, of such extensions. 118. Non -Exclusivity It is the intent of the City to enter into a Contract with all successful Bidders that will satisfy its needs as described herein. However, the City reserves the right, as deemed in its best interest, to perform, or cause to be performed, the Work and services, or any portion thereof, herein described in any manner it sees fit, including but not limited to award of other Contracts, use of any Contractor, or perform the Work with its own employees. 119. Nature of the Agreement The Contractor shall provide the services set forth in the Contract Documents. The Contractor shall provide full and prompt cooperation with the City in all aspects of the Work to be performed. The Contractor acknowledges that the Contract Documents require the performance of all things necessary for or incidental to the effective management and performance of a Project. All things not expressly mentioned in the Contract Documents, but necessary to carrying out its intent are required by the Contract Documents, and the Contractor shall perform the same as though they were specifically mentioned, described, and delineated. The Contractor shall furnish all labor, materials, tools, supplies, and other items required for the completion of the Contract. All Work shall be accomplished at the direction of and to the satisfaction of the Project Manager. 120. Contract Documents Contain All Terms The Contract Documents and all documents incorporated herein by reference contain all the terms and conditions agreed upon by the parties hereto, and no other agreement, oral or otherwise, regarding the subject matter of the Contract Documents shall be deemed to exist or to bind any of the parties hereto, or to vary any of the terms contained herein. Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 121. Survival The parties acknowledge that any of the obligations in the Contract Documents will survive the term, termination, and cancellation hereof. Accordingly, the respective obligations of the Contractor and the City under the Contract, which by nature would continue beyond the termination, cancellation, or expiration thereof, should survive termination, cancellation, or expiration thereof. Provisions of this Contract that shall survive termination, cancellation, or expiration thereof, include without limitation: Section 2, Article 6, "Indemnification," Section 2, Article 89, "Termination for Convenience," Section 2, Article 3, "Contract Price & Guaranteed Maximum Cost." 122. Disclosure of State Funding, if applicable If State funds are being used by the City to pay for this work, the City document whether payment will come from funds appropriated by the state and, if known, the amount of such funds or the percentage of such funds as compared to the anticipated total cost of the personal property or construction services. 123. Antitrust Violator Vendors Pursuant to Section 287.137, Florida Statutes, a person or an affiliate who has been placed on the Antitrust Violator Vendors List following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any agreement to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on any agreement with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a grantee, supplier, subcontractor, or consultant under an agreement with a public entity; and may not transact new business with a public entity. 124. Anti -Human Trafficking The Bidder confirms and certifies that it is not in violation of Section 787.06, Florida Statutes, and that it does not and shall not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes. The Bidder shall execute and submit to the City an Affidavit, of even date herewith, in compliance with Section 787.06(13), Florida Statutes, attached an incorporated herein as "Anti -Human Trafficking Affidavit". If the Successful Bidder fails to comply with the terms of this Section, the City may suspend or terminate this Agreement immediately, without prior notice, and in no event shall the City be liable to Successful Bidder for any additional compensation or for any consequential or incidental damages. It is MANDATORY for the Bidders to return this form signed along with their bid. Failure to complete, sign and upload the Anti -Human Trafficking Affidavit may render your bid non- responsive. END OF SECTION REMAINDER OF PAGE INTENTONALLY LEFT BLANK Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 SECTION 3 ITB SUPPLEMENTAL TERMS AND CONDITIONS 1. Contract Time and Hours The Contractor shall furnish all labor, materials, equipment, tools, services, and incidentals to complete all Work at a rate of progress that will ensure completion of the Work within the Contract Time. The Contractor shall have Three Hundred Ninety (390) calendar days from the date of the Notice to Proceed to achieve Substantially Completion. The Contractor shall then have an additional sixty (60) calendar days to achieve Final Completion of the Project. The Contractor shall maintain strict adherence to the mandated Contract time and schedule due to the time sensitive nature of the Project's funding sources. Work shall be performed Monday through Friday from 8:00 a.m. to 6:00 p.m. per the City's Noise Ordinance, Sec 36-6. Any Work to be performed outside of these times must be requested in writing to the Project Manager forty-eight (48) hours prior to the requested change. The Project Manager will notify the Contractor in writing of any changes in approved Work hours. 2. Progress Payments Mobilization Partial Payments: When the bid includes a separate pay item for Mobilization and the Notice to Proceed has been issued, partial payments will be made in accordance with the following: For Contracts of one hundred twenty (120) calendar days duration or less, partial payment will be made at fifty percent (50%) of the bid price per month for the first two (2) months. For Contracts in excess of one hundred -twenty (120) calendar day's duration, partial payment will be made at twenty-five percent (25%) of the bid price per month for the first four (4) months. In no event shall more than fifty percent (50%) of the bid price be paid prior to commencing construction on the Project site. Total partial payments for Mobilization on any Project, including when more than one Project or job is included in the Contract, will be limited to ten percent (10%) of the original Contract amount for that Project. Any remaining amount will be paid upon completion of all Work on the Contract. Retainage will be applied to all partial payments. Partial payments made on Mobilization will in no way act to preclude or limit any of the provisions for partial payments otherwise provided for by the Contract. The Contractor may make application for payment for Work completed during the Project at intervals of not more than once a month or upon completion and Final Acceptance of the Work. The Contractor will be paid based on the line -item breakdown, contained in the Bid Form, with payments based on actual Work performed. All applications shall be submitted in triplicate, and the Contractor shall only use the City's Contractor Payment Application Form. Where the time frame for completion of the Work is less than or equal to one month or a Schedule of Values is not required, the Contractor shall submit the appropriate documentation as defined below. Supporting evidence to be included with any application for payment shall include, but is not limited to, an updated progress schedule as required by Section 3, Article 6, "Release of Liens/Subcontractor's Statement of Satisfaction," and a partial or final release of liens or consent of Surety relative to the Work, which is the subject of the application for payment and any other information required by the City. The Contractor shall submit each application for payment as a pencil draft copy, in triplicate, two weeks prior to issuing the final pay request for approval. City shall make payment to Contractor no later than 25 business days after the date on which the final payment request or invoice is stamped as received. Payments to the Contractor shall comply with Section 218.735 of the Florida Statutes. Pursuant to Florida Statutes, Section 255.078, five percent (5%) of all monies earned by the Contractor shall be retained by the City until Final Acceptance by the City. Any interest earned on Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 retainage shall accrue to the benefit of the City. All requests for retainage reduction shall be in writing in a separate stand-alone document. City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: ■ Defective Work not remedied. ■ Claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor or City because of Contractor's performance. ■ Failure of Contractor to make payments properly to Subcontractors or for material or labor. ■ Damage to another Contractor not remedied. ■ Liquidated damages and costs incurred by City and/or Consultant for extended construction administration. ■ Failure of Contractor to provide any and all documents required by the Contract Documents and/or Federal Requirements relating to the CDBG funding. In instances where multiple Projects are awarded, the Contractor shall submit separate applications for Payment for each Project. When the above grounds are removed or resolved satisfactorily to the Project Manager, payment shall be made in whole or in part. The City will pay, and the Contractor shall accept as full compensation for the Work, the sums specified in the Contractor's submittal to the Contract Documents, as accepted by the City. Contractor may be paid for materials or equipment purchased and stored at the Project site(s) or another location. Where a payment request is made for materials or equipment not incorporated in the Project but delivered and suitably stored at the site or at some other location agreed upon in writing, the written documentation must be submitted at the time of request for payment. Payment shall be conditioned upon submission by the Contractor of paid invoices and an executed Material Purchased/Stored On -Premises form to establish the City's title to such materials or equipment, or otherwise protect the City's interest, including applicable insurance in the name of City and transportation to the site. Contractor retains sole liability to replace such stored materials or equipment as a result of damage or loss for any reason. 3. Liquidated Damages Contract Amount at Award Daily Charge/Calendar Day $299,999.00 and under $904.00 $300,000.00 to $1,999,999.00 $1,685.00 $2,000,000.00 to $4,999,999.00 $2,667.00 $5,000,000.00 to $9,999,999.00 $3,813.00 $10,000,000.00 to $19,999,999.00 $5,021.00 $20,000,000.00 to $39,000,000.00 $7,442.00 $40,000,000.00 and over $10,224.00 plus 0.00005 of any amounts over $40 million, rounded to the nearest whole dollar Moore Park Gymnasium - D5 Project No. 40-B193513 ITB No. 25-26-016 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 4. Schedule of Values The Contractor must submit three copies of a Schedule of Values, which must be submitted within ten (10) calendar days of the issuance of the Notice to Proceed. The Schedule of Values shall indicate a complete breakdown of labor and material of all categories of Work on the Project. The Contractor's overhead and profit should be as separate line items. Each line item shall be identified with the number and title of the major specification section or major components of the items. The City may require further breakdown after review of the Contractor's submittal. The City reserves the right to request such information from the Contractor as may be necessary to determine the accuracy of the Schedule of Values. The combined total value for mobilization under the Schedules of Values shall not exceed five percent (5%) of the value of the Contract. The approved schedule of values shall be updated through the submittal of the City's Contractor Payment Application Form. 5. Project Schedules Contractor shall submit a proposed Project schedule as follows: ■ Schedule identifying all tasks within the critical path. The proposed Project schedule shall be submitted within ten (10) calendar days of the date of the Notice to Proceed, and such submittal shall be subject to the City's review. Subsequent to such review of said schedule, the Contractor shall establish said schedule as the baseline schedule. ■ All updates of schedules shall be tracked against the baseline schedule and shall be at a minimum submitted with each pay application a two -week look -ahead micro - schedule is required. An updated schedule against the baseline shall also be submitted upon execution of each change order that impacts the Contract Documents Time for completion. Failure to submit such schedules shall result in the rejection of any submitted payment application. ■ All Project Schedules shall be prepared in Microsoft Project 2003 or later unless otherwise approved by the Project Manager. At the time of submission of schedules, Contractor shall submit a hard copy as well as an electronic version. Such an electronic version shall not be submitted in a .pdf format and shall be capable of being incorporated into the City's baseline schedules. ■ Subsequent to review of the initial schedule submission, the Contractor shall establish the reviewed schedule as the "baseline schedule." Contractor shall then prepare and submit all updates to the schedules utilizing the tracking mode within Microsoft Project. 6. Release of Liens/Subcontractor's Statement of Satisfaction The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an application for payment, whether incorporated in the Project or not, will pass to the City upon the receipt of such payment by the Contractor, free and clear of all liens, claims, security interests or encumbrances and that no Work, materials or equipment will have been acquired by the Contractor or by any other person performing Work at the site or furnishing materials and equipment for the Project, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. The Contractor shall, beginning with the second request for payment, attach a Partial Release of Lien/Subcontractor's Statement of Satisfaction for each application for payment. Failure to submit such documentation may delay payments. The City may, in its sole discretion withhold payments for Work performed by Subcontractor where no release of lien has been submitted. The Contractor shall submit with the final payment request, for any Project where Subcontractors have performed Work, a Final Release of Lien/Subcontractor's Statement of Satisfaction for each Subcontractor marked as a final. Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 Failure to submit such documentation will result in delay in payment or the City withholding from the final payment such funds as necessary to satisfy any Subcontractor's claims. Where the Contractor has submitted a Performance/Payment Bond the Contractor may, in lieu of the Release of Lien/Subcontractor's Statement of Satisfaction, submit Consent of Surety to Requisition Payment. Contractor must use City Release of Lien, Affidavit and Consent of Surety forms or the Application for Payment will be rejected. 7. Progress Meetings The City shall conduct a pre -construction conference prior to the commencement of the Work. Contractor shall hold progress and coordination meetings as required by the City, to provide for the timely completion of the Work. The Contractor shall arrange and conduct regular bi-weekly job site Project status meetings with the City. The Contractor shall use the job site meetings as a tool for the pre -planning of Work and enforcing schedules, and for establishing procedures, responsibilities, and identification of authority for all parties to clearly understand. During these meetings, Contractor shall identify the party or parties responsible for following up on any problems, delay items, or questions, and Contractor shall note the action to be taken by such party or parties. The Contractor shall revisit each pending item at each subsequent meeting until resolution is achieved. Contractor shall attempt to obtain from all present any potential problem or delaying event known to them for appropriate attention and resolution. The Contractor shall be responsible for keeping minutes of the meeting and distribution of the minutes to all parties in attendance. The Contractor shall arrange for the participation of its Subcontractors and/or vendors when the Project Manager requires their presence. The Contractor shall maintain minutes of the meeting and distribute copies of the minutes to all parties in attendance. The Contractor shall prepare and distribute to the City an updated two -week lookahead schedule of construction activities and submittals. 8. Request for Information The Contractor shall submit a Request for Information ("RFI") where the Contractor believes that the Contract Document's specifications or drawings are unclear or conflict. All requests must be submitted in a manner that clearly identifies the drawing and/or specification section where clarification or interpretation is being requested. As part of the RFI, Contractor shall include its recommendation for resolution. The City shall respond in writing. 9. Project Site Facilities The Contractor shall arrange for all Project site facilities as maybe necessary to enable the Project Manager or Consultant to perform their respective duties and to accommodate any representatives of the City which the City may choose to have present at the Project. Contractor's, Subcontractor's, supplier's, and material persons personnel shall not use the City restrooms that may be available at the Project site without the prior consent of the manager of the facility or the Project Manager, where there is no manager of a facility. The Contractor shall provide and maintain at his own expense, in a sanitary condition, such accommodations for the use of his employees as is necessary to comply with the requirements including Chapter 46 of the Building Code and regulations of the State of Florida Department of Health and Rehabilitative Services or Dade County Health Department. The Contractor, his employees or his Subcontractors shall commit no public nuisance or use any facilities that have not been specifically provided for use by the Contractor. The Contractor shall furnish an adequate supply of drinking water for its and its Subcontractors' employees. There shall be adequate provisions made by the Contractor to ensure all disposable materials are properly disposed of and do not create a nuisance to the City or the public. The location of the temporary facilities shall be subject to the approval of the City. Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 The Contractor is required to provide any necessary temporary utilities to the site, such as electric, water, and sanitary services to the site for new construction or additions to a facility. The City may authorize the use of existing utilities. Such a decision will be made at the sole discretion of the City. The Contractor shall be required to obtain all necessary permits required for any Project site facilities. The Contractor shall also be responsible to maintain such facilities in a safe and working condition. All such facilities remain the property of the Contractor, and the Contractor shall be responsible for removal and disposal of such facilities prior to Final Acceptance. 10. Security The site where the Work is to be performed may not be a secure site and the public may have access to the site. The Contractor shall have sole responsibility for the security of all Work materials, tools, equipment, and Work at the Project site. The City shall not be liable for any damage or loss to such materials, tools, equipment and Work and the Contractor shall be responsible for the repair or replacement of all Work such materials, tools, and equipment. 11. Construction Signage Where required by the Contract Documents the Contractor shall provide construction signage. The City shall provide the Contractor with the wording and layout for the signs at the pre -construction conference. The Contractor shall furnish the two City signs at the Project site(s) as follows: ■ The first sign shall be four feet (4') wide and eight feet (8') high, and constructed of pressure sensitive 2-mil cast vinyl over mounted with 3-mil Mylar and mounted to 1 MDO with painted back. The sign shall be mounted on four -inch (4") square wood or perforated "U" channel metal posts, painted white, and be readable at eye level. The colors to be used on the sign are as follows: the background shall be white with blue lettering; the seal shall be white and gold with blue lettering form. ■ The second sign shall reflect other funding sources for the Project and shall reflect the Project information. The sign shall be four feet (4') wide by eight feet (8') high by three- quarter inch (3/4") (thick) exterior plywood, suitably mounted and readable at eye level. The colors shall be blue and white. The background shall be white, and all lettering shall be blue Helvetica. All paint shall be rated outdoor enamel. The City will provide the City Seal in decal form. ■ The Contractor shall also post appropriate construction site warning signs at the Work site. Such signs shall be posted to warn pedestrian and vehicle traffic. Signage shall also be placed waterside to alert boaters to the construction zone, requiring idle speed and a minimum clearance distance. The Contractor shall provide drawings for the signage, which shall be subject to approval by the Consultant. ■ The Project Manager and the City shall approve the locations for all signage. ■ Signage must be permitted and approved as required by the City and County Sign Codes. 12. Construction Photographs Contractor shall submit with each application for payment photographs that accurately reflect the progress of the Work. The Contractor shall submit once copy of each photograph in print and digitally. The photographs shall be printed on 8" X 10" high -resolution glossy single weight color print paper. Each photograph will also reflect the date and time the picture was taken. Aerial photographs will be taken upon Substantial Completion inspection. Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 13. City Furnished Property The Contractor shall preserve all street signs, parking meters, benches, traffic control signs, etc., when directed to by the City and shall reinstall or provide to the City as directed. 14. Field Layout of the Work and Record Drawings for Drainage Projects The Contractor, through the services of a State of Florida Registered Professional Surveyor and Mapper (PSM), shall establish the line and benchmarks and other reference points for the installation of the pipeline or structure. For pipelines, this will consist of establishing all points of bend (but not necessarily bevel pipe unless in close proximity to other facilities), valves, tees, crosses and other stations not more than one hundred feet (100') apart along the proposed centerline of the pipe, or along a stationed offset line as shown on the Plans, marked by a nail in a metal cap if in pavement, with the station painted nearby or by a nail in the top of a wooden stake driven flush with the ground with the station marked on a flag stake nearby, if not in pavement. For structures, this will consist of base lines, stakes at corners, centers, and centerlines, auxiliary lines, and a benchmark from which to establish the elevations. The Contractor shall make his equipment and men available to the Inspector for spot-checking the accuracy of the Work. The City shall require the Work to be brought within the tolerances specified elsewhere before backfilling is placed, or the construction is otherwise hidden. The entire responsibility for establishing and maintaining line and grade in the field lies with the Contractor. Contractor shall maintain an accurate and precise record of the location and elevation of all pipelines, conduits, structures, maintenance access structures, hand holes, fittings, and other Work and shall prepare record or "as -built" drawings of the same which are signed and sealed by a State of Florida Registered PSM. Contractor shall deliver these records in good order to the City as the Work is completed. The Contractor shall supply the Consultant with a copy of the Registered Land Surveyor's layout of the Work immediately upon its availability to his own forces. The cost of all such field layout and recording Work is included in the prices bid for the appropriate items. All record drawings shall be made on reproducible paper and shall be delivered to the City prior to, and as a condition of, final payment. During the entire construction operation, the Contractor shall retain the services of a State of Florida Registered PSM who shall maintain records of the installation, including all deviations from the plans and specifications by obtaining "As -built" dimensions and elevations. The surveyor shall prepare record as - built drawings showing correctly and accurately all changes and deviations made during construction, including approved construction variances to reflect the Work as it was actually constructed. "As -Built" drawings shall be submitted to the City on a monthly basis. Recording of Project Record: ■ Record all information for pipeline Projects and on -site Projects concurrently with construction progress. ■ Do not conceal any Work until the Contractor and the City record as -built information. ■ All locations for future connections or tie-ins shall be left unburied and uncovered until the City's surveying forces obtain and record the as -built information. This is in addition to the Contractor's recorded information. ■ Restrained pipe, end line valves, thrust blocks need to be left uncovered for the last complete length. Inline valves and tees shall be left exposed for one (1) length on both sides plus the face end. Record the elevation, deviation from horizontal and vertical alignment and the inclination for these items. Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 • Maintain records of all pipeline Project and on -site Project deviations from Drawings and Specifications by a Florida Registered PSM. • For Pipe Installation in All Pipeline Projects and On -site Projects: During entire construction operation retain the services of a State of Florida Registered Land Surveyor (FRLS) who shall maintain records of the installation, including all deviations from Drawings and Specifications. • FRLS shall record as -built dimensions and elevations every twenty-five feet (25') or portion thereof along pipeline and at every abrupt change in direction of the new line. • FRLS shall record locations and elevations for each valve, fitting, service line, fire hydrant, water sampling point, and also for above ground piping and other appurtenances along the pipeline. Specific locations and elevation of equipment, buildings, and miscellaneous items installed inside them shall be recorded as applicable. • Contractor's FRLS shall prepare as -built record drawings showing correctly and accurately the installation, embracing all changes and deviations made during construction, including all approved construction variances, to reflect the Work as it was constructed. • Record Drawings shall be prepared on a 4-mil Mylar as specified hereinafter. Record Drawings and three (3) blue line copies shall be signed and sealed by the Surveyor and shall be submitted to the City for review within ten (10) calendar days following the completion date of successful pressure testing of all mains and appurtenances under the Contract Documents. • If the Consultant determines that the Drawings are not acceptable, they will be returned to the Contractor with a cover letter noting the deficiencies and/or reasons for disapproval. The Contractor shall have ten (10) calendar days to correct all exceptions taken by the City and resubmit as -built record drawings to the Consultant for final acceptance. Prior to, and as a condition precedent to Final Payment, Contractor shall submit to City, Contractor's record drawings, or as -built drawings acceptable to Project Manager. 15. Survey Work for Drainage Projects The Contractor shall retain or employ a FRLS to lay out all storm sewer construction and provide final measurements. At the Project pre -construction meeting, to be attended by the Contractor's FRLS, the Contractor will be provided with a packet of information, from the City, showing the format to be utilized. The Contractor is advised that the survey Work, including required final measurements, shall be according to City Standards and are an integral part of the Project. The Project shall not be considered complete until the final measurements are approved by the City. 16. E-Verify - Mandatory Use Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any Subcontractors performing Work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Subcontractor during the Contract term. Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 17. Cures BIDS SUBMITTED WITH IRREGULARITIES, DEFICIENCIES, AND/OR TECHNICALITIES THAT DEVIATE FROM THE MINIMUM QUALIFICATIONS AND SUBMISSION REQUIREMENTS OF THIS ITB SHALL RESULT IN A NON -RESPONSIVE DETERMINATION. The City will not give consideration to the curing of any Bids that fail to meet the minimum qualifications and submission requirements of this ITB. Bidder understands that non -responsive Bids will not be evaluated. 18. Counterparts; Electronic Signatures This Agreement may be executed in counterparts, each of which shall be an original as against either Party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as the original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 19. Level II Background Screening Requirements Background checks shall be required for any projects/services performed under this Contract, concerning City property, within close proximity of a school, park, or any non -instructional facility occupied by children. Prior to services being rendered, the Successful Bidder(s) and all of its employees who provide or may provide services under this Contract will complete criminal history checks and all background screening requirements, including Level 2 screening requirements as outlined in Florida State Statute 435.04, as amended from time to time. Upon City review of resulting reports, the Successful Bidder(s) shall immediately replace/reassign any individual who, in the opinion of the City, does not pass the background check. In its sole discretion the City reserves the right to request updated background screening reports at any time, and as the City deems necessary. Successful Bidder(s) shall bear any and all costs associated with acquiring the required background screening, including any costs associated with fingerprinting and obtaining the required photo identification badge. Successful Bidder(s) shall require all involved employees to sign a statement, as a condition of employment with Successful Bidder(s) in relation to performance under this Contract, agreeing that the employee will abide by the heretofore described background screening requirements, and also agreeing that the employee will notify the Successful Bidder(s)/Employer of any arrest(s) or conviction(s) of any offense within (forty-, eight) 48 hours of its occurrence. Successful Bidder(s) shall provide the City with a list of all of its employees who have completed the background screening as required by the above - referenced statutes and who meet the statutory requirements contained therein. Successful Bidder(s) shall have an ongoing duty to maintain and update these lists as new employees are hired and in the event that any previously screened employee fails to meet and/or maintain the statutory standards. Successful Bidder(s) shall also notify the City immediately upon becoming aware that one of its employees, who was previously certified as satisfactorily completing the background check and meeting the statutory standards, is subsequently arrested or convicted of any disqualifying offense. Failure by Successful Bidder(s) to notify the City of such arrest or conviction within five (5) business days of the occurrence of a qualifying arrest or conviction, shall constitute grounds for immediate termination of this Contract by the City 20. Projects Fundcd by Fcdcral or Statc Funds NOT APPLICABLE a. Equitable Adjustment The Procurement Department may, in its sole discretion, make an equitable adjustment in the contract terms and/or pricing if pricing or availability of supply is affcctcd by cxtrcmc or unforccccn volatility in thc marketplace, that is, by circumstanccc that catis allthe fel'e g criteria: (1) the volatility is d' e-to circumstances beyond thc Contractor'crc trot, (Z2) the valatilit„ affects the marketplace „r inductr„ n„t Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 and (/1) thc volatility so affects thc Contractor that continued performance of the contract would results in a substantial loss. The Contractor might have to supply documentation to justify any requested percentage increase in cost to the City of Miami. b. n A ppropio -iatn o do In the event no fundorinsufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the City, upon written notice to the Contractor or his assignee of such occurrence, shall have the unqualified right to terminate the contract without penalty awarded to any firm(s). As part of the contract, the Contractor is required to identify any and all Subconsultants/Subcontractors that will be used in the performa-riof this pr„p„sed contract, their capabilities, experience, minority designation, as defined in Ordinance 10062 and the portion of the work to be done by thc Subconsultant/Subcontractor. proper officials. between any Subconsultant/Subcontractor(s) and the City. The Contractor shall be fully responsible to the City for thc acts and omissions of thc the Contractor. d. Davis Bacon Act 1. All transactions regarding this contract shall be done in compliance with the Davis Bacon Act (010 U.S.C. 31/11 31'1'1, and 31/16 31/18) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The Contractor shall comply with /10 U.S.C. 31/11 31'1'1, and 31/16 31/18 and the requirements of 29 C.F.R. pt. 5 as applicable. 2. Contractors are requircd to pay wages to laborers and mcchanics at a ratc not Icsr than thc 3. Additionally, contractors are required to pay wages not less than once a week. /1. Weekly certified payrolls must be submitted weekly for the Prime and all subcontractors working on the job. 5. Federally assisted construction contracts must adhcrc to Davis Bacon Act wagcs and benefits ratc schedules. The Contractor shall use the Federal Wages reflected in thc applicable Wagc Determination, "Building" category, in developing its bid for this contract; Wage Determinations can be found at the link SAM.gov I Search. The Contractor shall be required to provide certified payroll records documenting the work performed on this project. c. Compliance with thc Copeland "Anti Kickback" Act 1. The Contractor shall comply with 18 U.S.C. 87/1, /10 U.S.C. § 31/15, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 2. The Contractor or subcontractor shall insert in any subcontracts the clause above and such other subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of thccc contract clauses. 3. AJ breach y�}of.- the contract} - clauses above may be grounds 1for�ttermination of the contract, and for l ebar en�'as-a-Contrac� cvii 4"ac�-as" id�TT2`9 f Cornplianse with the Contract Work Hours and Safety Standards Ant 1. Overtime Requirements: No C work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty ('10) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one half time the basic rate of pay for all hours worked in excess of forty ('10) hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages: In thc event of any violation of thc clause set forth in paragrap-h-(-1a)-(-1-)-ef--this-saG4the-Cre-ntractiaran-d-an-y-s-u-laGe-ntraGtar-res-piansible therefore shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in case of the work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b) (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty ('10) hours without payment of the overtime wages required by the clause set forth in paragraph (b) (1) of this section. 3. Withholding for unpaid wages and liquidated damages: The City of Miami shall upon its own action cause to be withheld, from any moneys payable on account of work performed by the Contractor Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b) (2) of this section. /1. Subcontracts: The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b) (1) through (/1) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraph (b) (1) through ('I) of this section. g. Parts at Pass Through Cost (for Repairs Outside the Scope of Work} All costs for parts required for repair jobs and not otherwise included in the scope of work shall be billed at Contractor shall submit purchase receipt of parts along with the labor invoice for payment. The Contractor shall be responsible for sourcing all parts necessary to complete the work requirements of Dash job specification. Replacement parts furnished must be of thc same manufacturer or an equal or installed in the facilities. Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 h N�na�n to Perform Work T. VC! T- T ITVITI"1--�TVT'f� The Contractor shall notify the Project Manager when an employee is on the property and for where. i EguaI Employment Opportunity race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; ratcs cmploymcnt, noticcs to be providcd sctting forth thc provisions of this nondiscrimination clause. the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. want for e disclosed the compensation of the employee or applicant or anothcr cmploycc or applicant. This provision shall not apply to instances in which an employee who has access to the compensation complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. the said labor union or workers' representative of the Contractor's commitments under this section and shall -pest copics of thc noticc in conspicuous places available to employees and applicant for employment. 5. The Contractor will comply with all provisions of Executive Order 11216 of September 21, 1965, rind Gf Oho ri Bloc regulations and relevant orders t of he Secretary ref I abor o � 6. The Contractor will furnish all information and reports required by Executive Order 11216 of thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders 7. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11216 of September 21, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11216 of September 21, 1965, or by rule, regulation or order of the Secretar y of I ahoy or as othonniise provided by law Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 J• 8. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase ordcr unleso exempted by rules, regulations, or ordcr of thc Secretary of Labor issued pursuant to section 20/1 of Executive Order 112/16 of September 2/1, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in thc event a Contractor becomes direction by the administering agency the Contractor may request the United States to enter into be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and thc Secretary of Labor in obtaining thc compliance of contractors and subcontractor with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as thcy may require for thc supervision of such compliance, and that it will otherwise a Gist thc administering agency in the discharge of the agency's primary responsibility for securing contract modification subject to Executive Order 112/16 of September 2/1, 1965, with a contractor and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which thc failure or refund occurred until satisfactory assurance of future compliance has been received from Clean Air Act pursuant to the Clean Air Act, as amended, /12 U.S.C. § 7/101 et seq. 2. The Contr that the City of Miami will, in turn, report each violation as required to assure notification to thc Regional Office. financed in whole or in part with Federal assistance provided by FEMA. k. Federal Water Pollution Control Act pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.1251 et seq. that the City of Miami will, in turn, rcport coach violation as required to asrurc notification to thc Regional Office. Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 financed in whole or in part with Federal assistance provided by FEMA. I. No Obligation by the Federal Government The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the- i n-Federal entity, the Contractor, or an„ other part„ pertaining to an„ matter revs lting from the contract. m. Program Fraud and False or Fraudulent Statements or Rclatcd Acts Statements) applies to the Contractor's actions pertaining to this contract. n. Byrd Anti Lobbying Amendment, 31 U.S.C. § 1352 (As Amended) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each also disclosc any lobbying with non Federal funds that takes place in connection with obtaining any Federal award. Such disclosures arc forwardcd from ticr to ticr, up to the rccipicnt who in turn will forward thc o. Procurement of Recovered Material, 1. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA designated items unless the product cannot be acquired: by the Resource Conser„ati„r, and Recover„ Ant of 1976 as amended, /12 U.S.C. 6962. The requirements of Section 6002 include procuring only itcros dcsignatcd in thc guidclincs of tho Environmental Protection Agency (EPA) at /10 CFR part 2/17 that contain the highcst percentagc of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid wastc management services in a manner that maximizes energy and resource recovery; and identified in the EPA guidelines. b) The recipient or subrecipient should, to the greatest extent practicable and consistent with law, This may include purchasing compostable items and other products and services that reducc the use of single use plastic products. See Executive Order 1 /1 057, section 101, Policy. p. Non-use of DHS, Seal, Logo, and Flag., The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre approval. contract. The Contractor will comply with all applicable federal law, regulations, cxccutivc ordcrs, CDBG IT-Fedofal-Register tice(84 FR 38, 8/30/19) policies cedures, directives, and be CDBG Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 r. Access to Records 2. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 3. The Contractor agrees to provide the Federal agency providing funding or its authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. /1. In compliance with the Disaster Recovery Act of 2018, the City of Miami and the Contractor acknowledgc and agree that no language in this contract is intended to prohibit audits or internal reviews by the Federal agency providing funding or the Comptroller General of the United States. s. Suspension and Debarment 1. This contract is a covered transaction for the purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. §180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.9/10) or disqualified (defined at 2 C.F.R. § 180.935). 2. The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. Miami. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart G City of Miami, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 5. The Contractor must comply with additional requircmcnts found at § 570.609 pertaining to thc use of debarred, suspended, or ineligible contractors or Subrecipients, in accordance with thc requirements set forth in 2/1 CFR Part 5, which apply to this program. t. United State: -Housing and Urban Development; CDBG MIT dollars, and/or CDBG Mitigation (CDBG MIT) dollars, and therefore, is subject to federal procurement regulat 2 CFR 200.318 to 200.327. 2. Unless a fixed price contract is uccd, profit must be ncgotiatcd as a scparatc cicmcnt of thc pricc performed. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performcd, thc risk bornc by thc Contractor, thc Contractor's invcstmcnt, thc the surrounding geographical area for similar work. Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 u. Section 3 of the Housing and Urban Development Act of 1968 1. The work to be performed under this contract is subjcct to thc rcquircmcnts of Scction 3 of thc Hou g and Urban Dev pmen tof 11 Q�--r968, as -amended 12 U.S.C. § 1701u (Section 3). Thc purpose of Section 3 is to ensure that the employment and other economic opportunities generated by the United States Department of Housing and Urban Development's ("HUD") assistance of HUD and vcry low incomc parsons, particularly persons who are recipients of HUD assistance for housing. 2. The parties to this contract agree to comply with HUD's regulations codified in 2/1 C.F.R. part 75, which implements Section 3. As evidenced by their execution of this contract, thc panics to thic contract certify that they are under no contractual or other impediment that would prevent them from complying with the regulations contained in 2/1 C.F.R. part 75. advising the labor organization or worker's representative of the Contractor's commitments under this section 3 clause and will post copies of the notice in conspicuous placcs at the work site wherc both employees and applicants for training and cmploymcnt positions can scc thc noticc. Thc notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject the work shall begin. an applicablc provision of thc subcontract or in this Scction 3 clausc, upon a finding that thc subcontractor is in violation of the regulations in 2/1 C.F.R. part 75. The Contractor will not subcontract with any subcontractor where the-Cre aGtor s tice-or 'oPled t"tee subcontractor has been found in violation of the regulations in 2/1 C.F.R. part 75. 5. The Contractor will certify that any vacant employment positions, including training -positions, that are filled (11)-after t-la-e-Co for is seleected t re the se Gt-is executed; and (2) with opportunities to be directed, were not filled to circumvent the Contractor's obligations under 2/1 C.F.R. Part 75. termination of this contract for default, and dcbai cw-t-or suspension from future HUD misted contracts. 7. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self -Determination and Education Assistance'lSOee) also applics to thc work to be performcd under this contract. Section 7(b) requires that to the greatest organizations and Indian owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). 8. Employment and Training. To the greatest extent feasible, and consistent with existing Federal, provided to Section 3 workers within the Miami Dade County. Where feasible, priority for opportunities and training described in this subsection (i)should be given to: Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 b. Participants in YouthBuild programs. work awarded in connection with Section 3 projects are provided to business concerns that provide cconomic opportunitics to Scction 3 workers residing within Miami Dade County. Where feasible, priority for contracting opportunities described in this subsection (ii) should be given to: a. Scction 3 business conccrns that provide economic opportunities to Section 3 workers residing ' n the service area or the neighborhood of the project• and svi rr vcivrcc-arccrvrcrn�rcr��navrnvvc�-vrcrr��rvrccr,-crna b. YouthBuild programs. v. Rights to Inventions Made Under a Contract or Agreement If the FEMA award meets thre defi ition of "f6 ending agreement" i ender 37- CFR § '101 2 (a) and the non_ Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding 4101, (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements) and any implementing regulations issued by FEMA. w. Procurements by Non Federal Entities procedures it uses for procurements from its non Federal funds. The State will comply with 2 C.F.R. §§ clauses required by 2 C.F.R. § 200.327. All other non Federal -entities, including subrecipients of a State, must follow the procurement standards in 2 C.F.R. 200.318 through 200.327. x. Contracting with Small and Minority Businesses, Women's Business Enterprises, and Labor Surplus Ares., 1 When possible, the recipient or subrecipient should ensure that small businesses, minority 1461-6 incc cn- bu ess ente ices, veteran„ -^owned c eccec,-a„d-labor-su, s-area firms (See U.S. Department of Labor's list) are considered as set forth below. 2. Such consideration means: a. These business types are included on solicitation lists; b. These business types are solicited whenever they are deemed eligible as potential sources; c. Dividing procurement transactions into separate procurements to permit maximum participation by these business types; d. Establishing delivery schedules (for example, the percentage of an ordcr to be delivered by a given date of each month) that encourage participation by these business types; c. Utilizing organizations such as the Small Business Administration and the Minority Business Dev pment en^ rt ►e Depart rent of� me and f. Requiring a contractor under a Federal award to apply this section to subcontracts. 1. Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: a. Procurc or obtain covered telecommunications equipment or services; Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 b. Extend or renew a contract to prod ire or obtain co„ered telecommi inications equinment or services; or c. Enter into a contract (or extend or renew a contract) to procure or obtain covered telecommunications equipment or services. 2. As described in section 889 of Public Law 115 232, "covered telecommunications equipment or services" means any of the following: a. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); b. For the purpose of public safcty, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou affiliate of such entities); c. Telecommunications or video surveillance services provided by such entities or using such eoi iipment• fir, d. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country; systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. /1. In implementing the prohibition under section 889 of Public Law 115 232, h ads of executive necesrsary for those affected entities to transition from covered telecommunications equipment or services, to users and customers is sustained. prohibition on covered telecommunications equipment and services in this section. The recipient or subrecipient is not required to certify that funds will not be expended on covered telecommunication provided upon submitting payment requests and financial reports. 6. For additional inf�rrformation, ssee section 889 of Di blic I aw 1 1 F_232 and § 'inn471 z. Domestic Preference for Procurement 1. The recipient or subrecipient ould,te greatest extentp,cticai le-andd conssistenti-with llaw, in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards, contracts and pi irchase orders under Federal awards 2. For purposes of this section: processes, from the initial melting stage through the application of coatings, occurred in the United States. Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 b. "Manufactured products" means items a -ce struction materials composed in whole or in part of non ferrous metals such as aluminum; plastics and polymcr bascd products such as 3. Federal agencies providing Federal financial assistance for infrastructure projects must implement the Buy America preferences set forth in 2 CFR part 18/1. If subcontracts are to be let, the prime contractor is required to take all necescary steps identified in 2 C.F.R. surplus area firms are used when possible. hh I icense and Delivery of Works Suhiect to Copyright and Data Rights The Contractor grants to the City of Miami, a paid up, royalty frcc, noncxclusivc, irrcvocablc, worldwidc license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, such data. For data required by the contract but not first produced in the performance of this contract, the same scope as for data first produced in the performance of this contract. Data, as used herein, shall videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the City of Miami data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the City of Miami. 21. Direct Purchasing Program The Contractor has included in its Base Bid, and in the final Contract price, Florida State Sales Tax and other applicable taxes for materials, supplies, and equipment required to complete the Work set forth in the Construction Documents as if all such items were being purchased by the Contractor. It has been determined, however, that it may in the best interest of the City to recover said Florida State Sales Tax and other applicable taxes in the form of a Guaranteed Sales Tax Recovery Amount equivalent to the applicable sales tax that would otherwise be required to be paid if the Contractor were purchasing said materials, supplies, and equipment required to complete the Work. For said purpose, this Agreement may be subject, at the sole discretion of the City, to the conditions set forth in the "Direct Materials Purchasing for Construction Contracts Program Roadmap," attached herein and made part of this Agreement. END OF SECTION REMAINDER OF PAGE INTENTONALLY LEFT BLANK Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 Titu of 4Thami INVITATION TO BID NO. 25-26-016 MOORE PARK GYMNASIUM - D5 PROJECT NUMBER: 40-B193513 ADDENDUM No. 1 March 24, 2026 TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and/or deletions amend the above -captioned Invitation to Bid ("ITB") and shall become an integral part of the bid submitted and the Contract to be executed for ITB No. 25-26-016, Moore Park Gymnasium — D5 Project No. 40-B193513 (the "Project"). The remaining provisions are now in effect and remain unchanged. Please note the contents herein and affix them to the documents you have in hand. All attachments (if any) are available on the solicitation's BidNet Direct webpage and are part of this Addendum. It is the sole responsibility of all Bidders to ensure the receipt of all addenda. Therefore, it is recommended that firms periodically check the BidNet Direct webpage for this Project for updates and the issuance of addenda. REQUESTS FOR INFORMATION - SINCE ISSUANCE OF ITB: Q1 Does Article 19 of Section 3, Level II Background Screening Requirements, apply to subcontractors? Al. Yes, it applies to everyone that will be working on the project at the park. Q2. The ITB states that the GC must self -perform at least 10% of the labor on this project as well as each of the phases, if applicable as well as the previous similar projects. Is that a mandatory requirement? A2. Yes, the requirements stated in Article 4 of Section 1 are mandatory. Q3. Please confirm the Site Visit date. Bidnet's Notice states 03/25, while the ITB shows 03/26. A3. The Voluntary Site Visit is on March 26, 2026, at 11:00 a.m. EST, to allow potential bidders to avail themselves of the site conditions. Q4. What is the contact information for assistant with Bidnet Direct? A4. For Bidnet technical difficulties and/or issues, please contact Bidnet Support toll - free number at 1-800-835-4603, or via email at support(a�bidnet.com. Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 ATTACHMENTS: ■ Pre -Bid Conference Attendance List THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRACT DOCUMENT AND SHALL BE MADE A PART THEREOF. Vfim--,44,961- for Annie Perez, CPPO Director/Chief Procurement Officer Department of Procurement, City of Miami Charles Hadley Park Resiliency Hub — D5 ITB No. 25-26-013 Project Number: 40- B213512 2 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 Titu of 4Thami INVITATION TO BID NO. 25-26-016 MOORE PARK GYMNASIUM - D5 PROJECT NUMBER: 40-B193513 ADDENDUM No. 2 April 8, 2026 TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and/or deletions amend the above -captioned Invitation to Bid ("ITB") and shall become an integral part of the bid submitted and the Contract to be executed for ITB No. 25-26-016, Moore Park Gymnasium — D5 Project No. 40-B193513 (the "Project"). The remaining provisions are now in effect and remain unchanged. Please note the contents herein and affix them to the documents you have in hand. All attachments (if any) are available on the solicitation's BidNet Direct webpage and are part of this Addendum. It is the sole responsibility of all Bidders to ensure the receipt of all addenda. Therefore, it is recommended that firms periodically check the BidNet Direct webpage for this Project for updates and the issuance of addenda. MODIFICATIONS - SINCE ISSUANCE OF THE ITB: 1. The Bid Submission Due Date has been extended from Thursday, April 16, 2026, at 3:00 p.m. to Thursday, April 30, 2026, at 3:00 p.m. 2. Section 2, Article 7, "Insurance" is deleted in its entirety and is hereby replaced with the following: Without limiting any of the other obligations or liabilities of Contractor, Contractor shall provide, pay for, and maintain in force until all of its Work to be performed under this Contract has been completed and accepted by City (or for such duration as is otherwise specified hereinafter), the insurance coverage's set forth herein. 7.1 Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $2,000,000 Products/Completed Operations $1,000,000 Personal and Advertising Injury $1,000,000 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 Page 2 - ITB No. 25-26-016, Moore Park Gymnasium - D5, Addendum No. 2 B. Endorsements Required City of Miami listed as an Additional Insured Contingent and Contractual Liability Primary Insurance Clause Endorsement 7.2 Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto Including Hired, Borrowed or Non -Owned Autos Any One Accident B. Endorsements Required The City of Miami is listed as an additional insured. 7.3 Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of subrogation $1,000,000 7.4 Employer's Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident. $100,000 for bodily injury caused by disease, each employee. $500,000 for bodily injury caused by disease, policy limit. 7.5 Payment and Performance Bond The City of Miami must be listed as an Obligee. 7.6 Builder's Risk Causes of Loss: All Risk -Specific Coverage Project Location Valuation: Replacement Cost Deductible: $10,000 All other Perils 5% maximum on Wind/Hail and Flood City of Miami listed as loss payees Coverage Extensions: As provided by carrier. 7.7 Umbrella Liability Each Occurrence Policy Aggregate $5,000,000 $5,000,000 City of Miami listed as additional insured. Coverage is excess over the general liability and auto policies. Moore Park Gymnasium — D5 ITB No. 25-26-016 Project No. 40-B193513 2 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 Page 3 - ITB No. 25-26-016, Moore Park Gymnasium - D5, Addendum No. 2 7.8 Contractor's Pollution Liability, if applicable Each Occurrence $2,000,000 Policy Aggregate $2,000,000 If claims made policy, retro date coverage must be included Coverage is to be maintained and applicable for a minimum of 3 years following contract completion. 7.9 Safety/Claims and Deductibles Safety and loss control shall be always exercised by the Contractor for the protection of all persons, employees, and property. Any hazardous conditions must be promptly identified, reported, and action taken to mitigate as soon as possible. Notice of claims/accidents/incidents associated with this agreement shall be reported to the Contractor's insurance company and to the City's Risk Management department as soon as practical. The Contractor is responsible for all applicable deductibles in terms of all lines of coverage, or policies herein contained, more specifically noted in Section (7) Insurance. The above policies shall provide the City of Miami with written notice of cancellation in accordance with policy provisions. Companies issuing all insurance policies required above must be authorized to do business in the State of Florida and must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. The City reserves the right to request copies of all insurance policies associated with this agreement, including any, and all applicable policy endorsements. The above policies shall provide the City with written notice of cancellation or material change from the insurer not less than thirty (30) calendar days prior to any such cancellation or material change. If the initial insurance expires prior to the completion of the Work, renewal copies of policies shall be furnished at least thirty (30) calendar days prior to the date of their expiration. The Contractor shall furnish to Procurement the Certificates of Insurance or endorsements evidencing the insurance coverage specified above within fifteen (15) calendar days after notification of award of the Contract. The required Certificates of Insurance shall name the types of policies provided, refer specifically to this Contract, and state that such insurance is as required by this Contract. The official title of the Owner is the City of Miami, Florida. This official title shall be used in all insurance documentation. The City shall be listed as an additional insured where applicable. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above to the Contractor: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. The Risk Administrator or their authorized designee reserves the right to require Moore Park Gymnasium — D5 ITB No. 25-26-016 Project No. 40-B193513 3 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 Page 4 - ITB No. 25-26-016, Moore Park Gymnasium - D5, Addendum No. 2 modifications, increases, or changes in the required insurance requirements, coverage, deductibles, or other insurance obligations by providing a thirty (30) calendar day written notice to the Contractor in accordance with Section 2, General Terms and Conditions, Article 4, "Notices." The Contractor shall comply with such requests unless the insurance coverage is not then readily available in the national market. An additive or deductive change order will be issued to adjust the Contract value, as necessary. For insurance bonding issues and decisions, the City shall act through its Risk Administrator (unless otherwise stated). REQUESTS FOR INFORMATION - SINCE ISSUANCE OF ITB: Q1. What is the engineer's estimate? What is the City's Estimated Construction Cost for this project. Al. The estimated Construction Cost Estimate is $13,200,000.00. Q2. Please confirm there is not a CBE/SBE requirement for this project. A2. Correct. There are no CBE/SBE requirements. Q3. Could you provide the estimated budget or overall magnitude of the Moore Park Gymnasium project to help us ensure proper alignment with the experience requirements? A3. Please see Answer to Question No. 1 above. Q4. What is the estimated/set budget for this project? A4. Please see Answer to Question No. 1 above. Q5. Could you please confirm that the Davis Bacon Wages are NOT applicable for this project? The pages regarding this have been struck through, so we are assuming this doesn't apply to the project. Please confirm. A5. Correct. There are no Davis -Bacon wages requirements. Q6. Please confirm if Builder's Risk Insurance is required. A6. Yes. Builder's Risk Insurance is required. Please see Modification No. 2 above. Q7. Bid Documents did not provide an Owner's Budget for this project. Please provide the Owner's Budget. A7. Please see Answer to Question No. 1 above. Q8. ITB Instruction for Submission Article No. 9 and General Terms and Conditions Article No. 93 states that the Bid should include all "Permit Fees" but Bid Form Breakdown provided includes an Owner's Allowance line for the Permit Fees. Please clarify if Permit Fees will be reimbursed by Owner. A8. The Owner's Allowance and/or permit waiver shall be utilized for Permit Fees, and any additional permits shall be reimbursed. Moore Park Gymnasium — D5 ITB No. 25-26-016 Project No. 40-B193513 4 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 Page 5 - ITB No. 25-26-016, Moore Park Gymnasium - D5, Addendum No. 2 Q9. If the Owner reimburses the Permit Fees, will it also include reimbursement for the Miami - Dade County Permit fees, DERM fees, WASA fees, FPL fees (if any), and State of Florida fees? Please clarify which Permits and Fees are included in the Permit Reimbursement Allowance. A9. Any additional permit fees that cannot be paid for by the Permit Fees & Other Reimbursables line item, shall be reimbursed by the City. Q10. ITB General Terms and Conditions Article No. 7 regarding Insurance Requirements does not include a listing for a "Builder's Risk" policy. Please confirm that a Builder's Risk Insurance policy is not required in the Project. A10. Please see Modification No. 2 above. Q11. ITB General Terms and Conditions Article No. 48 regarding Substitutions outlines the procedures that need to be followed for requesting Substitutions, but it does not address if the request for Substitution or "Equal to be Approved" are allowed after Bid and Contract Award. Please confirm requests are allowed after Contract Award. Al1. Any material substitution must be reviewed and approved by the Architect of Record and the City, even for requests submitted after contract award. Q12. ITB Supplemental Terms and Conditions Article No. 19 requires Level II Background Screenings for all employees at site and for subs providing services, please confirm this is a requirement including Background checks, Fingerprints, and Badges. Al2. Confirmed. The requirement applies to anyone that will be working on the Project at the Park. Q13. ITB Section 4, Bid Form includes a paragraph about using Form SU to be submitted with the Bid Documents, but we cannot find in documents provided what percentage of the project should be reserved for CBE or CSBE subcontractor firms. Please clarify and provide missing percentages. A13. There are no CBE/SBE requirements. Q14. Our vendors are requesting more time to provide pricing. For this reason, we cordially request a bidding extension of at least three (3) weeks, as well as an extension to the RFI deadline. A14. Please see Modification No. 1 above. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRACT DOCUMENT AND SHALL BE MADE A PART THEREOF. Moore Park Gymnasium — D5 Project No. 40-B193513 5 Annie Perez, CPPO Director/Chief Procurement Officer Department of Procurement, City of Miami ITB No. 25-26-016 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 Titu of 4Thami INVITATION TO BID NO. 25-26-016 MOORE PARK GYMNASIUM - D5 PROJECT NUMBER: 40-B193513 ADDENDUM No. 3 April 24, 2026 TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and/or deletions amend the above -captioned Invitation to Bid ("ITB") and shall become an integral part of the bid submitted and the Contract to be executed for ITB No. 25-26-016, Moore Park Gymnasium — D5 Project No. 40-B193513 (the "Project"). The remaining provisions are now in effect and remain unchanged. Please note the contents herein and affix them to the documents you have in hand. All attachments (if any) are available on the solicitation's BidNet Direct webpage and are part of this Addendum. It is the sole responsibility of all Bidders to ensure the receipt of all addenda. Therefore, it is recommended that firms periodically check the BidNet Direct webpage for this Project for updates and the issuance of addenda. MODIFICATIONS - SINCE ISSUANCE OF THE ITB: 1. The Bid Submission Due Date has been extended from Thursday, April 30, 2026, at 3:00 p.m. to Friday, May 22, 2026, at 3:00 p.m. REQUESTS FOR INFORMATION - SINCE ISSUANCE OF ITB: Q1 On Page A109 of the Plans, it states that Roof Type 1 and Roof Type 2 are using Johns Manville as the Basis of Design; could you please provide the specific NOA system, by page number, that was used to write the specifications? Please provide the page number for Roof Type 1 - NOA 21-0303.23 and Roof Type 2 - NOA 21-0303.24. Al. Roof Type 1 - NOA 21-0303.23 — Page 57 of 76 Roof Type 2 - NOA 21-0303.24 — Page 11 of 63 Q2. Plan Sheet L-01 shows a large bond amount of $248,000 for the Trees Protection Bond required by the City, to be paid for by the Contractor. Please confirm that the City of Miami will accept a bond from a surety for the tree protection requirement, and that the bond fee is to be added to the Base Bid. A2. Yes, a line item should be added to the bid as tree protection bond. Q3. Please confirm that the Tree Protection Bond is not required with bid submission and is only required of the awarded Contractor. Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 A3. Yes, it is required as part of the bid submission. Q4. Besides the basketball masts, volleyball sleeves, court divider, and bid alternate for bleachers, are any interior furnishings or athletic accessories required (desks, chairs, weights for gym, hurdles for track, etc.)? A4. Adhere to the bid items/contract specifications. Q5. Please advise if Porter is a suitable alternative manufacturer for the motorized court divider curtain. A5. All Substitutions will be considered as long as they comply with the requirements noted in the specifications. Q6. Regarding sheet A106, please confirm the intended extents of the SPF-2 running track surfacing, specifically: a) Is the track surfacing to extend fully to each corner of the building, or is it intended to be limited to the designated walking and running lanes only? We acknowledge there is structural framing in the corners per S201; b) If the surfacing is limited to the two (2) lanes shown, please clarify the intended treatment of the corner areas outside of these lanes. Should these areas: i. Remain open to the ground below, or ii. Receive an alternative flooring system (if so, please specify). A6. Tack surfacing to extend fully to each corner of mezzanine. Q7. What is meant by "similar" projects? Do prior projects need to be gymnasiums or recreation facilities, or can other types of construction projects within a park setting be considered acceptable? A7. Prior experience is preferred to be in gymnasium or similar recreational facilities with comparable size and nature. Q8. A fire -rated overhead door is shown in the door schedule in Room 9, Door 02A, but the floor plan, drawing A105, shows 02A in Vestibule 2/Gym 1. Please confirm this is to be a fire -rated door. A02 door location in LS100 does not show the walls surrounding the openings' fire rating, and it is not noted in the Life Safety Plan Legend. The wall rating determines the fire rating of the protective assembly. Please advise if 02A requires a fire - rated assembly. If so, what is the fire rating requirement? A8. RU-1 Door 02A is not required to be fire rated. Sheet A600 has been revised to remove fire rating of said door. Q9. Sheet A100 Construction Phasing Plan refers to Phase 1. There is no mention of a Phase 2. Please confirm all work can be performed within the same Phase 1. Different locations, but all work can happen concurrently. A9. Sheet A100 references "balance of work." This needs to be coordinated between the City, occupants of existing facilities, and the selected Contractor. Q10. Does the City have a Preliminary Construction Schedule for this project? If so, please provide. Moore Park Gymnasium — D5 ITB No. 25-26-016 Project No. 40-B193513 2 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 A10. Please refer to Section 3, Number 1, of the ITB package for preliminary schedule. Q11. Please confirm the Contractor Staging Area can be within the parameters of the Scope of Work Area outlined and shown on Sheet A100. A11. Staging area will be identified within the property boundaries at the time of contract award. Q12. Please provide the name of the company and contact information for the company that built the existing Pavilion that is shown to be disassembled and reassembled on Sheet D100. Al2. Please adhere to Note #6 in Sheet A100 recommendation. Q13. ITB Notice to Contractors includes in the Scope of Work that the Project "consist of a 15,854 SF addition" but Plan A-101 Parking calculations and Building Floor area calculations states that the proposed addition if 22,431 SF. Please clarify which information is correct. A13. 15,854 SF in the ITB refers to the gymnasium portion of the project. Sheet A101 reference of 22,431 SF considers the full scope of the project. The breakdown of both numbers in question is part of calculations shown on Sheet A101. Q14. ITB General Terms and Conditions, Article No. 51, calls for all cost for testing "shall be at the Contractor's expense." Please confirm if all earthwork field testing, including soil proctors, densities, etc. will be provided by the Contractor, or if Owner will hire the firm directly. A14. The Contractor shall be required to provide all field testing. Q15. Geotech recommendations by Ardaman on Page No. 6 calls for an On -Site Soil Engineer to provide observation and Quality Control Inspection to monitor Clearing and all Earthwork operations involved with the Sitework activities. Are these services to be provided and paid by Owner or Contractor? A15. Yes, the aforementioned costs will be the Contractor's responsibility. Q16. Please confirm all concrete testing is to be provided and paid by Contractor, as per instructions on ITB General Terms and Conditions. A16. Yes, the aforementioned costs will be the Contractor's responsibility. Q17. Please confirm all structural steel testing, including any welding testing lab, will be provided and paid for directly by Contractor, as indicated in Specification Section 05120, Article 3.6- B. A17. Yes, the aforementioned costs will be the Contractor's responsibility. Q18. ITB Supplemental Terms and Conditions Article No. 9 regarding Temporary Utilities such as Electric Power and Water services states that the City may authorize the use of the existing facilities. Will the City authorize the use of the existing facilities to avoid having exposed temporary lines running along existing buildings and walks? Please clarify. Moore Park Gymnasium — D5 ITB No. 25-26-016 Project No. 40-B193513 3 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 A18. No, the Contractor is responsible for utilities. Q19. If the Owner approves the using of the existing facilities, will there be any monthly fees to be added to our Base Bid amount? Please clarify and provide fees to be added to Base Bid. A19. See response to Question 19 above. Q20. Bid Form CSI Breakdown provided showing the required Alternates list Alternate No. 1 as being for the Telescoping Bleachers and Alternate No. 2 for moving the existing Gazebo, but Specification Section 012300 has them listed in the wrong order. Please clarify which Alternate Numbering is correct. A20. The Bid Form lists the correct order. Q21. Bid Form CSI Breakdown shows a Subtotal Line "A," located after the two (2) Alternates, and calls it "Bidder Lump Sum Bid Amount." Please clarify if the amount to be written here incudes the Subtotal of all the CSI divisions and also includes the cost of both Alternates. A21. The amount in the Bidder Lump Sum Bid Amount will add the total for all CSI divisions and both Alternates automatically if completed on Microsoft Excel. Q22. Plan Sheet C-1 Demolition Plan does not show a required large area of sidewalks demolition near the existing aluminum bleachers (South of baseball field) due to a new storm manhole MH-1 and related 15" storm lines being installed (see Plan C-3) and new sewer lines (see Plan C-7). Please add sidewalk and pavers demo of all required areas around the new lines as shown in Plans C-3 and C-7. A22. Enclosed are revised Sheets C-3 and C-7 showing the updated limits of demolition and the proposed concrete plaza. Q23. Plan Sheet C-1 for site demolition shows a note calling for demo of an existing clay tennis court located north of the existing Tennis Center building. After our Site Visit, we observed that two (2) large temporary office trailers are installed at said court location, including steps and ADA ramps. Please clarify if Owner will disconnect all utilities at the temporary office trailers and remove them from the site, as they are located on the proposed new building plaza. Please clarify if Contractor needs to include in our Bid any Scope of Work regarding these removals. A23. Owner will remove the temporary trailer before the start of construction. Q24. Plan Sheet C-3 shows a very "light grey" area at the existing Parking area (South of new gym) that calls for 1-1/2" asphalt pavement. Is this intended to be a milled area getting new asphalt over the existing base remaining in place? Please clarify Scope of Work on this area. A24. The light gray area will be milled and resurfaced over minor scarified and recompacted LRB as needed to achieve the proposed elevations. Moore Park Gymnasium — D5 ITB No. 25-26-016 Project No. 40-B193513 4 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 Q25. Plan Sheet C-3 includes a Note calling to "remove 100 LF of exfiltration trench" that need to be removed because of the new gym building structure is located on top, but Plan has no Notes explaining the Scope of Work required to remove and backfill such trench area located under the new foundations. Are we to remove only the perforated pipes and backfill on top of the existing #57 drainage rock? Or are to remove the existing #57 drainage rock and backfill 15' feet deep with new fill materials? This becomes a structural issue that needs a clear Scope of Work defined. Please clarify. A25. The existing exfiltration trench beneath the proposed gym shall be removed in its entirety. Backfilling shall be performed in accordance with the geotechnical report and the structural engineer's recommendations. Q26. Plan Sheet C-3 includes a Note pointing to a new storm manhole MH-1 and calls for installing a proposed MH-2. There is no MH-2 manhole in plans. Please clarify Note. A26. Enclosed is the revised Sheet C-3 with an updated note indicating the proposed Manhole 1. Q27. Plan Sheet C-7 shows a proposed new 3/4" HDPE water service being installed to connect an existing exterior water fountain adjacent to the renovated parking area and Note calls to see Plumbing Plans for continuation. Plumbing Plans do not have any water fountain scope at that location. Please clarify and provide missing Plumbing Plans showing said water fountain scope of work. A27. The existing 3/4-inch HDPE water service will remain active. Connection points are shown on Sheet C-7. Continuation of this service, including its connection to the proposed gym, will be addressed in the plumbing plans. Q28. Plan Sheet L-05 shows a large number of new trees being required at a remote location not near the building or parking areas and does not show or call for any sod restoration. Please add all the affected sod area where nineteen (19) new trees and three (3) relocations are proposed to be installed, as requiring sod restoration. A28. Sheet L-05 notes that, "All area affected by construction that are not paved, not covered by buildings, shrubs or groundcovers, shall be sodded to match surrounding areas." Any areas of sod impacted by construction activities during the tree installation process shall be re -sodded to match the surroundings. Q29. Plan Sheet L-06 does not call out the new top -soil layer depth required for the new sod or sod restoration areas. Specification Section 329223, Article 3.2-B calls for a 4" layer of planting soil before laying sod. Does this requirement apply to both new and re -sodding areas? Please clarify. A29. Yes, the requirement applies to both new and re -sodding areas. Q30. Plan Sheet IR-01 shows large areas of new irrigation system being required outside the areas shown in Landscape Plans as being affected and will require adding large areas of sod restoration not shown in the Landscape Plans. Please add all sod and re -sodding affected areas to Landscaping Plans. Moore Park Gymnasium — D5 ITB No. 25-26-016 Project No. 40-B193513 5 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 A30. Sheet IR-01 is an Irrigation Demolition Plan indicating all parts of the system and highlighting what portions are to remain intact versus portions that are to be removed and replaced. Q31. Plan Sheet IR-02 shows a large area of new irrigation system along the entire North parking area (North of the existing running track) that is not shown in Plan IR-01 containing the entire site. New sprinkler system in IR-01 stops before reaching the park North of the track, but IR-02 shows such section as requiring new sprinklers. Please clarify which plan instructions prevail. A31. Sheet IR-02 is the proposed irrigation plan. Contractors are to follow IR-02 for all new irrigation installation. To reiterate, IR-01 is the irrigation demolition plan and IR- 02 is the proposed irrigation plan. Q32. Plan Sheet D-102 showing the demolition of the existing "Exercise/Gym" room at the existing Community Center building does not mention a large amount of exercise and lifting equipment currently located inside said room. Please confirm if Owner will be removing all the existing equipment, transporting it, and storing it. A32. Owner will remove existing equipment before the start of construction. Q33. Plan Sheet A-100 shows the proposed boundary of the temporary fence, but no staging area is indicated in plans. There is a need for a large staging area that also needs to be enclosed and include any restoration of the existing. Please define a proposed staging area for the Project. A33. The staging area will be determined before the start of construction as space requirement depends on each contractor's needs. Any area disturbed by construction activities must be restored to its original state or better. Q34. Plan Sheet A-106 and A-301 shows a railing detail #9/A-503 in front of some exposed steel columns at the second floor running track. Is this detail typical for all columns on the 2nd floor track? Please clarify which columns require this railing detail. A34. Yes, this detail is typical for all columns on the 2nd level. "TYP.," note has been added to callout on A106. Q35. Railing Detail #9/A-503 mentioned above is only shown in an elevation view and there is no plan view showing required angle and dimensions for the angled railings sections. Please provide details with dimensions and angles required at each section. A35. Detail 10/A503 has been added to show dimensioned typical plan view. Q36. Plan Sheet A-109 includes roof drainage calculations for roof Area-3 and shows a proposed roof drain besides the roof scupper, but Plan does not indicate any new roof drain at Area- 3/Area-4, only the scupper. Please clarify if an additional roof drain is required and if so, add to plan and provide location. A36. Roof Area 3 calculations on A109 call for Primary and Secondary drainage, both of which are scuppers and shown on the roof plan. Roof Area 3 and Area 4 only use scuppers. Moore Park Gymnasium — D5 ITB No. 25-26-016 Project No. 40-B193513 6 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 Q37. Plan Sheet A-109 shows an existing wall parapet and coping adjacent to the North of roof Area-3 and we are not sure if this existing coping is to remain or be replaced. Please clarify if the existing adjacent coping needs to be replaced and clarify limits of replacement. A37. Parapet and copings adjacent to roof area 3 do not conflict (are higher than RA3) and are scheduled to remain. If coping is damaged during scope of work or its removal is required to perform roofing work on RA 3, GC will need to restore to match existing. Q38. Plan Sheet A-200 includes an elevation Note calling for the Contractor to include the painting of the existing community center and daycare buildings. Is the intent to provide paint for the exterior surfaces only? Or is the Note meant to include the interior painting of both buildings? Please clarify Scope of Work. A38. Note is meant to include the painting of exterior surfaces only. Q39. Plan Sheet A-200 includes an elevation Note calling for the Contractor to include the painting of the existing community center and daycare buildings but no Plans for said building have been provided in documents. Please provide As -Built Plans of both buildings so the painting subs can estimate the required scope of work and identify both building in the Site Plan. A39. Sheets from the Community Center and Daycare Building's Permit Set have been included as supplementary information for the painting scope. Please note that these are not contractor's as-builts. Q40. Plan Sheet A-501 provides some details of the typical interior signage requirements, but Plans do not contain a signage schedule showing which rooms/doors require interior or exterior signage and quantities. Please provide missing signage schedule. A40. See revised Sheets A110, A111 for signage locations and signage schedule. Please see revised Detail 17/A501 for signage types. Q41. Plan Sheet A-505 containing the details for the proposed EIFS system calls for a 5/8" plywood backing. Are there any fire rating requirements for this plywood backing? Please clarify. A41. Plywood to be CDX plywood, per basis of design manufacturer's details and Miami - Dade NOA requirements. No fire rating is required. Q42. Plan Sheet A-506 shows a roof conductor head and downspout and is called to be in stainless steel. Specification Section 076200, Article 2.2 and 2.6, allows all metal flashing to be either stainless steel or galvanized metal. Please clarify if all roof fleshings are allowed to be fabricated in galvanized metal. A42. Stainless steel to remain consistent. Moore Park Gymnasium — D5 ITB No. 25-26-016 Project No. 40-B193513 7 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 Q43. Plan Sheet A-506 Detail No. 1 showing the new operable partition shows only two (2) steel angles as support for the entire partition and then says, "See structural." Structural Plans do not contain any mention of any steel angles or beams for supporting the operable partition, and Plan S202B does not show any additional structural loading at the location. In our previous experiences a steel I-beam has been required above the partition. Please provide the missing structural details for the partition support required. A43. See revised Sheets S202, S202B and new Detail 4/S308 for support requirements. Final quantities and spacing to be coordinated with folding partition support requirements. Q44. Plan Sheet A-601 containing the Room Finish Schedule calls for LVT-1 for circulation #11 and #12, but no LVT-1 flooring type is defined in the flooring's selections. Please provide selections for the missing LVT-1 floor type. A44. LVT-1 has been removed from the Finish Schedule. Rooms 11 and 12 are to receive EPX-1 flooring, as shown on finish plans A110 and A111. Finish schedule A601 has been revised. Q45. Plan Sheet S-101 Structural Note No. 30 calls for providing fireproofing to the entire steel structure but fails to provide the fire resistive hour rating required. We also noticed that the building construction type is defined as II-B, shown in Plan A-000 with a 0-hour rating. Also, no spray fireproofing specification section was provided. Please clarify if spray fireproofing of the entire steel structure is required, and if so, provide missing fire rating and specifications. A45. Refer to architectural drawings for all fireproofing requirements. Q46. Plan Sheet S-202 is missing the structural beam or members needed to carry the operable partition, at the second floor. Please provide structural details for the missing members. A46. See revised Sheets S202, S202B and new Detail 4/S308 for support requirements. Final quantities and spacing to be coordinated with folding partition support requirements. Q47. Plan Sheet S-301 calls for providing temporary shoring at the roof level structure and then saw -cutting the existing roof prestressed concrete joist at mid span over the Modified Exercise Room No. 13, adding a new CMU bearing wall/beam and then reusing the cut joist as part of the roof structure. Please confirm this proposed operation was allowed and approved by structural calculations and provide any details for treatment of the now exposed internal tendons of the joist that are under pressure. A47. See revised Sheet S201 and new Detail 3/S301 provided under REV.10. Three steel beams have been introduced to reduce tributary roof loads at the longer precast joists and address shear requirements of the modified joists. Shorter precast joists are not affected. Refer to revised plan note #10 on S201 for additional recommendations. Moore Park Gymnasium — D5 ITB No. 25-26-016 Project No. 40-B193513 8 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 Q48. Plan Sheet M-000 General Notes No. 20 and 21 calls for the Contractor to provide the services for the test and balance of the HVAC. Please confirm these services are by the Contractor and not by Owner. A48. The Contractor shall provide the services for the test and balance of the HVAC system. Q49. Due to the above -mentioned new electrical conduits being required, there will be a need to remove, store, and reinstall some furniture, tables, chairs, kitchen equipment, and other items located along the proposed conduit route, to allow for the installations and restoration of the affected areas. Please confirm if Owner will be removing all the existing furniture and equipment, transporting it, and storing it. A49. Owner will be responsible for relocating furniture, non-structural, and removable items in the space currently in use. Q50. Plan Sheet E-102 shows a new proposed conduit run from the parking entrance gate area (at 36th Street) to the IT room for a sign. There is no mention in Plans of any new signage at that location. Is this a "Future" sign by Owner? Please clarify. A50. Yes, a new sign at referenced location will be installed by owner in the future. Q51. Plan Sheet E-501 electrical riser shows a proposed new EVS panel to be located at the 2nd floor, but electrical floor plans do show a location for that panel. Please show panel location on Floor Plans. A51. Refer to Rev 1 drawings for EVS panel location. Panel is located on 2nd floor closet. Q52. Plan Sheet E-502 shows a Telecom Riser Note No. 3 calling for providing empty conduits with pull strings at all telecom outlets, but riser diagram shows conduits with two (2) Cat 6 cables and outlets. Please clarify Scope of Work regarding the phone and data outlets. A52. Note 3 calls for all empty conduits to have pull strings; if there are wires, the conduit is not empty. Refer to Revision #5 drawings. Q53. Electrical Plans and Specifications have no mention of any Intrusion Security System (Burglar Alarm) being required. Please confirm no such system is required. A53. Only devices shown on drawings are required for security. Q54. Plan Sheet E-502 shows a CCTV Security Riser Note No. 2 calling for providing empty conduits with pull strings at all CCTV outlets. Please confirm Scope of Work regarding the infrastructure for the CCTV system. A54. Refer to Revision #5 drawings. Q55. Plan Sheet E-502 calls for the proposed new fire alarm devices of the new building to be programed into the existing FA system at the main electrical room. Please clarify if the existing system has the capacity to handle the new devices being added. If any panel upgrades are needed, please provide details of the upgrades required. Moore Park Gymnasium — D5 ITB No. 25-26-016 Project No. 40-B193513 9 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 A55. Refer to Note #7 on free alarm system drawings. Q56. Plan Sheet E-503 shows a proposed new Lighting Control panel Greengate Lightkeeper, but Electrical Floor Plans do show a location for that panel. Please show panel location on Floor Plans. A56. Control panel is located in electrical room. Q57. Bid Documents contain no information on any new audio-visual ("AV") systems, and no Specification Section 274100 was provided, but Drawings make some references to AV locations. Please clarify if there is an AV system requirement and if so, provide Plans and Specifications showing make, model, equipment quantities, schematics, etc. A57. Currently there is no AV system considered in the drawings and/or specifications. Q58. Plan Sheet P-301 shows the new building water service being connected to an existing 2" CW line inside the Community building but no connection point to such line is defined in Plans. Please provide a Plumbing Plan showing the 2" CW line connection point withing the existing building. A58. See markup below based on existing building record drawings. The new 2" should connect to the 2-1/2" water line before the bathrooms with a new service valve. vn+ POINT CONNECTL. • Moore Park Gymnasium — D5 Project No. 40-B193513 10 ITB No. 25-26-016 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 Q59. Plan Sheet FP-300 shows the new building fire water service being connected to an existing 4" fire line inside the Community building but no connection point to such line is defined in Plans. Please provide a Fire Protection Plan showing the 4" fire line connection point withing the existing building. A59. Below are screenshots of the existing Fire Sprinkler Shop Drawings. A 4" Connection point is shown to be made back at the existing Mechanical room on the first floor based on the Safety Margin of only +1.84. The 3" Floor control assembly shall be replaced with a 4" floor control assembly. If a new flow test and hydraulic calculations based on contractor shop drawings prove that the 2-1/2" main can be extended and will suffice for the new design, that will be acceptable. EFERALN®TES i -a•a P.IAL SUMMARY • ri �.:�v��raermc .r wowIrr.,wu,ae N CRrEFirt 4 COMhMNF1 Y CENTER - 1ST FLOOR FIRE PROTECTION PLAN Moore Park Gymnasium — D5 ITB No. 25-26-016 Project No. 40-B193513 11 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 Hydraulic Information Remote Area 1 OCCUPANCY CLASSIFICATION Light Hazard - 2nd Floor DENSITY 0.100gpm!ft2 for 922.50ft2 (Actual 938.2210 TOTAL HOSE STREAMS 100.00 TOTAL HEADS FLOWING 11 K-FACTOR 8 TOTAL WATER REQUIRED 358.80 TOTAL PRESSURE REQUIRED 58.060 --4) SAFETY MARGIN (psi) r +1.840 (3.1%) Q60. Specification Section 033543 for polished concrete finishing was included but we cannot find any locations on Plans calling for such concrete finish. Are we to disregard the Specification Section or provide locations for the polished concrete finishing. A60. Disregard polished concrete. Q61. Specification Section 096519 for resilient flooring was included but we cannot find any locations on Plans calling for such flooring finish. Are we to disregard the Specification Section or provide locations for the resilient flooring. A61. Project has a very small quantity of resilient flooring in IT Room 14 — SDT-1 — Static Dissipative Tile. Q62. Specification Section 0755216 for the SBS Membrane Roofing, Article 2.11 mentions requirements for walkway pads, but no such walkway pads are shown on the Roof Plans. Are walkway pads required? If so, please show in Roofing Plans. A62. Sheet A109 has been updated to show walk pad scope. Q63. Specification Section 092900 for Drywall, Article 2.6-C-5 calls for providing a Level 5 finish on all interior drywall surfaces. Please confirm Level 5 finish is required. A63. Level 5 finish applies to the project for interior drywall. Q64. Specification Sections 099113 for Exterior Paint and Section 099123 for Interior Paint are showing LEED requirements for the paint products, but this project is not an LEED Certified project. Are we to disregard the LEED requirements? Please clarify Specifications required for this project. Moore Park Gymnasium — D5 ITB No. 25-26-016 Project No. 40-B193513 12 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 A64. This is not a LEED project. Q65. Has AV design been formulated yet, either internally or externally by a Consultant? A65. No, there is no AV system included in the drawings and specifications. ATTACHMENTS: ■ Architectural Sheets o A000 o A106 o A109 o A110 o A111 o A501 o A503 o A600 o A601 ■ Civil Sheets o C-01 o C-03 o C-07 ■ Landscape Sheets o L-01 o L-03 o L-04 o L-05 ■ Structural Sheets o S102 o S200 o S200A o S201 o S202 o S202B o S301 o S308 THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRACT DOCUMENT AND SHALL BE MADE A PART THEREOF. for Moore Park Gymnasium — D5 Project No. 40-B193513 13 Annie Perez, CPPO Director/Chief Procurement Officer Department of Procurement, City of Miami ITB No. 25-26-016 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 Titu of 4Utami INVITATION TO BID NO. 25-26-016 MOORE PARK GYMNASIUM - D5 PROJECT NUMBER: 40-B193513 ADDENDUM No. 4 May 13, 2026 TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and/or deletions amend the above -captioned Invitation to Bid ("ITB") and shall become an integral part of the bid submitted and the Contract to be executed for ITB No. 25-26-016, Moore Park Gymnasium - D5, Project No. 40-B193513 (the "Project"). The remaining provisions are now in effect and remain unchanged. Please note the contents herein and affix them to the documents you have in hand. All attachments (if any) are available on the solicitation's BidNet Direct webpage and are part of this Addendum. It is the sole responsibility of all Bidders to ensure the receipt of all addenda. Therefore, it is recommended that firms periodically check the BidNet Direct webpage for this Project for updates and the issuance of addenda. REQUESTS FOR INFORMATION - SINCE ISSUANCE OF ITB: Q1 Bid Documents included a WASD Verification Form showing a fee of $25,428.89 for the WASD fees. Is this fee by Owner? Or is it the intent for us to add this to our Base Bid amount? Please clarify. Al. Please see attached "Bid Form - Revised" with a separate allowance account to compensate for the WASD Verification Fee. Q2. Sheet L-02 calls for root pruning of relocated trees eight -to -twelve (8-12) weeks prior to relocations. This requirement consumes three (3) months (ninety (90) days) after NTP that Contractor cannot begin with the clearing operation of the building area, as there is a large amount of trees (approximately twenty-two (22)) inside the proposed building area with relocations. This requires the Owner to consider extending the Project Duration by three (3) months, as providing only three hundred (300) days for the project duration is not reasonable or realistic. A2. Duration for the proposed project is three hundred ninety (390) calendar days until substantial completion. To ensure timely completion, other administrative processes can be scheduled concurrently during the tasks involving tree pruning/relocation. Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 Q3. Sheet S-100 includes Structural Note No. 17B calling for all soil operations to be monitored by a Geotechnical Engineer as Special Inspector. Please confirm if this service will be provided and paid by Owner. A3. Geotechnical and Special Inspection services will be provided by the Owner. Q4. Specification Section 051200, Articles 2.10A and 3.6B calls for the Contractor to engage a testing agency for the structural steel testing and inspections. Is this agency to be engaged by and paid for by Owner? Please clarify. A4. As noted above, the Contractor should engage a structural steel testing agency. A set aside allowance should be included in contractor's base bid to cover this expense. Special inspection services will be provided by the owner. Q5. Section 3, Subsection 3 of the ITB notes $5,021/calendar day for liquidated damages in the project range of $10m-$20m. Will the City of Miami ("City") please either confirm that this is the correct liquidated damages for this project or consider decreasing Liquidated Damages as the park and existing building will remain operational during construction? A5. The City confirms that the referenced liquidation damages of $5,021.00 per calendar day will be applied on this project. Q6. Sheet D-101 Note No. 16 calls for providing an Alternate for disassembling, moving, and reassembling the existing gazebo, to be relocated inside the Moore Park site. Was this a pre -fabricated gazebo that was installed or is it a custom-built gazebo in -site? Please provide "as -built" drawings of the existing gazebo so we can estimate this item. A6. The City does not have "as -built" drawings, nor a Notice of Acceptance ("NOA") of the existing gazebo noted in the bid alternate. A basis of design for a comparable product from ARC Florida, containing similar size and dimensions, has been included for the bidders to price a new installation as part of the bid alternate. City to confirm alternate modification. Q7. If the gazebo is to be rebuilt, it will require NOA from Miami -Dade, which may not be available for the existing structure. If no NOA is available, then the City will require structural calculations and updated uplift requirements which may render the as -is reassembling impossible. In this case, will the Owner be providing the new structural plans and calculations? Will the Owner provide certification that the existing materials and connections will meet the current wind loads and uplift requirements? Please clarify how would the Owner like us to proceed with pricing this Alternate. A7. See Answer No. 6 above. Moore Park Gymnasium — D5 ITB No. 25-26-016 Project No. 40-B193513 2 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 Q8. Please provide the company and contact information for the current Fire Alarm and Fire Sprinkler Service Provider. Also, the Manufacturer information of the existing Fire Alarm Control Panel. A8. The Fire Alarm company for the existing building was DiversiFire Systems, Inc. (305) 681-3216. The Sprinkler company for the existing building was Sprinklermatic Fire Protection Systems, Inc. 954-327-3686. Bidders are responsible for visiting the site to obtain information on the existing systems. Q9. Sheet E-101 shows new conduits and feeders required by the new proposed Gym building to be connected from the main electrical room at the Community Center building and being routed above the ceilings along the entire existing building, going through a large number of offices and areas, such as a kitchen, multipurpose room, long corridor, and main lobby, that will require extensive restorations. Are there any hard ceiling areas involved? Are they all ACT ceilings along the route? Are there any fire rated partitions along the route? CMU interior walls? Please provide As -Built Plans of the interior areas along the route of the proposed routing of the new conduits, so we can estimate the scope of work required. A9. Bidders may visit the project site to verify this information as it was all attained during the Site Visit. The Contractor must confirm his/her own opinion. Q10. On Sheets C-3 and C-4, the hatch representing "PROP. 1-1/2" ASPHALT PAVEMENT TYPE SP-9.5 IN TWO 3/4" LIFTS OVER SCARIFIED & COMPACTED LRB" is unclear and difficult to distinguish. Could you please clearly identify or highlight the exact areas that will receive this paving type? A10. The light gray area will be milled and resurfaced over minor scarification and recompacted LRB as needed to achieve the proposed elevations. There is no light gray hatch shown on Sheet C-4; see the attached revised Sheets C-03 and C-04. Q11. We noticed the base type of detail indicates vented cove base at the Gym, which appears to be in conflict with the finish schedule. Could you please clarify the required base type at the Gym? Al1. See revised Sheet A110, and revised finish schedule, A601. VCB-1 product added for gym base. Q12. Response to Question No. 3 on Addendum No. 3 regarding the Tree Protection Bond being required to be submitted with the Bid, after speaking with the Bonding company this Bond cannot be provided unless it is paid for. Will Owner, please reconsider the response, as it seems not appropriate to have all Prime Contractors pay for a Bond that may not be used, except for the Awarded GC. Please advise. Al2. The Contractor should obtain a quote/proposal from their bonding company, and include a line item for that concept in their bid, for purposes of the bidding process. Moore Park Gymnasium — D5 ITB No. 25-26-016 Project No. 40-B193513 3 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 Q13. Response to Question No. 39 on Addendum No. 3 regarding the missing plans for the painting of the Community Center Building and the Daycare Building states that they have been included in the Addendum, but no Supplementary Information was provided. Please provide the mentioned plans. A13. Sheets included as part of Addendum #4 are provided for general information purposes. Bidders must visit the site to confirm existing conditions. Q14. Could you please clarify if the Construction Cost Estimate includes the Contingency Allowance and Permit Fees? A14. The Owner's Contingency and Permit Fees are not part of the construction cost estimate. ATTACHMENTS: ■ Bid Form - Revised ■ Sheet A000 ■ Sheet A110 ■ Sheet A601 ■ Sheet C-03 ■ Sheet C-04 ■ Existing Building Permit Drawings for Painting Scope ■ Comparable Shade Structure Information for Pricing ■ Fire Suppression Submittal - Rec Center & Daycare ■ Fire Alarm Submittal - Rec Center & Daycare THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRACT DOCUMENT AND SHALL BE MADE A PART THEREOF. for Annie Perez, CPPO Director/Chief Procurement Officer Department of Procurement, City of Miami Moore Park Gymnasium — D5 ITB No. 25-26-016 Project No. 40-B193513 4 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 SECTION 4 BID FORMS Submitted: 05/22/2026 Date City of Miami, Florida Office of the City Clerk City Hall, 1st Floor 3500 Pan American Drive Miami, Florida 33133-5504 The undersigned, as Bidder, hereby declares that the only persons interested in this bid as principal are named herein and that no person other than herein mentioned has any interest in this bid or in the Contract to be entered into; that this bid is made without connection with any other person, firm, or parties making a bid; and that it is, in all respects, made fairly and in good faith without collusion or fraud. The Bidder further declares that it has examined the site of the Work and informed itself fully of all conditions pertaining to the place where the Work is to be done; that it has examined the Contract Documents and all addenda thereto furnished before the opening of the bids, as acknowledged below; and that it has satisfied itself about the Work to be performed; and that it has submitted the required bid Guaranty; and all other required information with the bid; and that this bid is submitted voluntarily and willingly. The Bidder agrees, if this bid is accepted, to Contract with the City, a political subdivision of the State of Florida, pursuant to the terms and conditions of the Contract Documents and to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to construct and complete within the time limits, the specified Work covered by the Contract Documents for the Project entitled: Bid No: 25-26-016 Title: Moore Park Gymnasium - D5 Project Number: 40-B193513 The Bidder also agrees to furnish the required Performance Bond and Payment Bond or alternative form of security, if permitted by the City, each for not less than the total bid price plus alternates, if any, and to furnish the required Certificate(s) of Insurance. The undersigned further agrees that the Bid Guaranty accompanying the bid shall be forfeited if Bidder fails to execute said Contract and fails to furnish the required Performance Bond and Payment Bond as well as the required Certificate(s) of Insurance within fifteen (15) calendar days after being notified of the award of the Contract. In the event of arithmetical errors, the Bidder agrees that these errors are errors that may be corrected by the City. In the event of a discrepancy between the price bid in figures and the price bid in words, the price in words shall govern. The Bidder agrees that any unit price listed in the bid is to be multiplied by the stated quantity requirements in order to arrive at the total. Note: Bidders are bidding on estimated quantities for the purpose of determining the lowest responsive and responsible Bidder. Payments will be made based on unit prices of actual quantities installed. Where a discrepancy exists between the unit price and the extended price the unit price will prevail. Where there is a discrepancy between the numerical and written bid amount, the written bid amount will prevail. Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 Form SU should be submitted with Bidder's Bid. No award of contract will be recommended unless the Contractor submits Form SU upon request by the City. The SU Form can be found on BidNet Direct with the bid documents for this Project. SCOPE OF WORK: The Moore Park Gymnasium ("Project") is a new construction development initiative for the City of Miami ("City") at Moore Park ("Park"). The scope of work consists of a 15,854 square foot addition to the existing Community Center for a new multipurpose sports -use Gymnasium. The scope includes, but is not limited to, a gymnasium, restrooms, storage rooms, supporting electrical and IT spaces, and an elevated running track at the second -floor level. The gymnasium will accommodate two (2) high school sized basketball courts positioned side -by -side with a superimposed NBA -sized court, along with small bleachers, scoreboards, and volleyball court configurations. Site improvements include modifications to existing sidewalks, landscaping around the gym perimeter, and parking lot enhancements. The Project also includes an Art in Public Places component, to be coordinated with the Contractor. The full scope of work is detailed within this solicitation document, Section 1, Article 2, "Scope of Work. (The following MUST be filled in): ITB No. 25-26-016, Moore Park Gymnasium - D5, Project No. 40-B193513 GRAND TOTAL PROJECT AMOUNT of the Bid Sheet FOR BID CONSTRUCTION (Guaranteed Maximum Price/Cost): $ 10,606,115.87 WRITTEN GRAND TOTAL PROJECT AMOUNT of the Bid Sheet FOR BID CONSTRUCTION (Guaranteed Maximum Price/Cost): Ten Million, Six Hundred Six Thousand, One Hundred Fifteen (& Eighty -Seven Cents) Dollars (Total Bid Construction Cost) PLEASE FILL OUT THE ATTACHED BID FORM IN .PDF FORMAT AND SUBMIT WITH YOUR PACKAGE. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-13193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 DIRECTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES, AND PARTS III AND IV (If applicable) Part I: Listed below are the dates of issue for each Addendum received in connection with this bid: Addendum No. 1, Dated 03/24/2026 Addendum No. 2, Dated 04/08/2026 Addendum No. 3, Dated 04/24/2026 Addendum No. 4, Dated 05/13/2026 Addendum No. 5, Dated Part II: No Addendum was received in connection with this bid. Part III: Certifications The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of the following, and shall comply with all the stated requirements. 1. Non -Collusion Bidder certifies that the only persons interested in this bid are named herein; that no other person has any interest in this bid or in the Contract to which this bid pertains; that this bid is made without connection or arrangement with any other person. Bidder certifies that the selected independent third -party verifier will verify and certify compliance data and reports honestly and accurately. 2. Drug Free Workplace The undersigned Bidder hereby certifies that it will provide a drug -free workplace program by: a) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Bidder's workplace and specifying the actions that will be taken against employees for violations of such prohibition. b) Establishing a continuing drug -free awareness program to inform its employees about: (i) The dangers of drug abuse in the workplace. (ii) The Bidder's policy of maintaining a drug -free workplace. (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. c) Giving all employees engaged in performance of the Contract a copy of the statement required by subparagraph (1). d) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a condition of employment on a covered Contract, the employee shall: (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than five (5) calendar days after such conviction. Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 e) Notifying the City in writing within ten (10) calendar days after receiving notice under subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee. f) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (i) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Requiring such employees to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. g) Making a good faith effort to maintain a drug -free workplace program through implementation of subparagraphs (1) through (6). 3. -1419.vicid The uadersigaed se#+fies-te the -test of #is er he Ithew edge -a-R. belief, #1aa4 a) Ala federal appropriated funds #aye beery pa+draF will be paid, by-sF ea beha#te€the undersigned; is -aRy peFsea #ec 4 flueasing-eF attempti g is 444ludhse as officer eFFiployee-sf-aF}y agency, a Member of Congrec , ata officer eF employee--ef--Geagress aF -aa eragleyee e -a MerpbeF of Congress 4F1 seanectiee with the-award49- of any Federal Co+ tFast fhe-thak4eg of aFry FedeFat gram, -the malting of any Federal aF -the entcrieg +ats-ef any seepera4ive agrcernest, and -the extension, seatiauatiea, FenewaI-amendment, eF medi#cation-efahy Federal Contrast grant, Icon; of ssspeaative agreement: #aa-y-funds other than-F-ederalappropriated #uads havc been paid-te any -deFcoa fsF 4aflaencing er attempting to +aflueF}se aa-effiscr of employee af-ahy agency, a Member-ef Congress, aa-ef€iseFeF employee sf-Geagrers, or as employee-ef -a Member ef-Seegrass-+r>-seeaestieFi-with- h+s-FedeFal Contrast, -rant, leanT -oF cooperative agreement, the aabeFsigaed shall semplete nab submit Standard eFm l=Lb, "Disclosure oFm to Repsrt Lobbying," +a asserdancc with 4ts iastFustisns. s) The uade signed s44a14 Fegu+Fe that the language sf this se#ificm-tiah be 4nsladed-4a the award dosumentc for "All" sub awaFdsat all tiers{iaslud4ag subcontracts, sub grants, aFi4Contrastsuadec grants, loans, and seepeFative agreements) and that all sub rec+piea#s shall se#ify aF1d disslsse aseeFdingly- This se#44sation is a material FepFescntation sf fast apex -which reliance -was biased- whoa this transaction was made sF eateFed 4r1ts. S(4bmission-of this ce#ifisa#4ea 4s a pre--requisite-#eF- aldhg eF entering 4Rte this-traasast+ee -imposed-by Section 136- , Title 34, 44.4. Code. AR-y person who fails-te file the -required se#i#isatiea shall be subject to a civil peealty of not less- har 4ea thsusaad dollars 44-8;898)-ad not.mere-than eae#undred4heusaad-clellar-s ($1 OO G99) #GF-sash-s(4s) #ailuFe. * Note: 4a these instances, "All" +a -the iaal Mule is -expected to be slacified to -shsw-that-it applies to severed Contrastigrant tr-ansastions over -sae #uFidFed thousand dollars ($1 OO,898) kpeF QM-14)- 4. Debarment, Suspension and Other Responsibility Matters The Bidder certifies to the best of its knowledge and belief, that it and its principals: a) Are not presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency. b) Have not within a three (3) year period preceding this bid been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or Contract under Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 a public transaction; violation of Federal or State antitrust statutes or falsification or destruction of records, making false statements, or receiving stolen property. c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 1.B of this certification; and d) Have not, within a three (3) year period preceding this application, had one (1) or more public transactions (Federal, State, or local) terminated for cause or default. e) In addition, factors to be considered in determining responsibility of prospective contractual parties shall include but not be limited to: (1) Bidder does have availability of appropriate financial, material, equipment, facility, and personnel resources, and expertise, or the ability to obtain them, to meet all contractual requirements. (2) Bidder does have a satisfactory record of performance. (3) Bidder does have a satisfactory record of integrity. (4) Bidder does possess qualified legal standing to Contract with the City; and (5) Bidder will comply by supplying all requested information connected with the inquiry concerning responsibility. f) Bidder has not had a termination, suspension, or cancellation of a City Contract, in whole or in part, for cause, due to a default by the Bidder or Offeror, within the past five (5) years, which has not been reversed on appeal by a court of competent jurisdiction; or Bidder has not withheld a payment or nonpayment of money due to the City from the Bidder or Offeror, within the past five (5) years, unless the full amount of such money is due to the City. h) Have been deposited with a court of competent jurisdiction in Miami -Dade County, Florida, pursuant to the provisions of Fla. R. Civ. P. 1.600 titled "Deposits in Court," as amended, or other applicable Federal, State or Local Rules of Court, and are subject to distribution to the City or withdrawal by the City by order of the court. i) The Bidder shall provide any information requested by the Chief Procurement Officer or Procurement Officer concerning responsibility. If such contractual party fails to provide the requested information, the determination of responsibility may be made upon available information, or the prospective contractual party may be found non -responsible. The prospective contractual party may demonstrate the availability of necessary financial, equipment, facility, and personnel resources by submitting: (1) Bidder will, upon request, furbish evidence that the contractual party possesses such necessary resources. (2) Bidder affirms it has acceptable plans to subcontract for such necessary resources; or (3) Bidder will, upon request, submit a documented commitment for, or explicit arrangement with, satisfactory sources to provide such necessary resources. Where the prospective Bidder is unable to certify any of the statements in this certification, such Bidder shall submit an explanation to the City of Miami in writing. g) Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 Part IV: Certification - Trench Safety Act The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of Section 553.60, et. seq., Florida Statutes, the Trench Safety Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Bidder and Subcontractors. The Bidder is also obligated to identify the anticipated method and cost of compliance with the applicable trench safety standards. The Bidder acknowledges that included in the various items of the bid and in the total bid price are costs for complying with the Florida Trench Safety Act. These items are a breakout of the respective items involving trenching and will not be paid separately. They are not to be confused with bid items in the schedule of prices, nor be considered additional Work. The Bidder further identifies the costs and methods summarized below: Description Road Plate Trench Box Unit Price Quantity Extended Method Price LS $2,000.00 $2,000.00 $2,000.00 Open Cut LS $4,500.00 _ $4.500.00 $4,500.00 Open Cut Attached is a Bid Bond [`/j, Cash [ ], Money Order [ ], Unconditional/Irrevocable Letter of Credit [ ], Treasurer's Check [ ], Bank Draft [ ], Cashier's Check [ ], Bid Bond Voucher [ ] or Certified Check [ ] No. Bank of for the sum of 5% of Bid Amou n t Dollars ($ Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 Part V: Scrutinized Companies The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations or debarred or suspended as set in section 18-107 or Ordinance No. 12271. The Proposer also certifies, pursuant to section 287.135(5), Florida Statutes, that at the time of submitting its Proposal it: (a) is not on the "Scrutinized Companies with Activities in Sudan List" or the "Scrutinized Companies with Activities in Iran Terrorism Sectors List"; (b) does not have business operations in Cuba or Syria; and (c) is not participating in a boycott of Israel. The Proposer further acknowledges that a false certification may subject it to contract termination, civil penalties, and debarment as provided under section 287.135. ITB No. 25-26-013 Certification Statement The Bidder hereby acknowledges and affirms the contents of this Bid Form and its' response(s) thereto including without limitations Part I through V have been, read, understood, and agree to by signing and completing the spaces provided below. Bidder Name: John BeII p . uctiOn, Inc. Signature: Printed Name/Title: Oscar II1Torejon / Pre City/State/Zip: Miami, FL 33155 Email: oscar@johnbellconstruction.com Telephone No.: 305-458-5666 Fax No.: N/A Social Security No. Dun & or Federal I.D. No. 81-1551021 Bradstreet No. 05-511-0946 If a partnership, names, and addresses of partners: (If applicable) END OF SECTION Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 Moore Park New Gymnasium - City of Miami Project B193513 BID FORM Provide Lump Sum approach for each CSI Division & Alternates - Not to exceed CSI Division CSI Master Format Title Cost 1 General $ 876,947.43 2 Existing Conditions $ 104,303.37 3 Concrete $ 1,346,426.12 4 Masonry INCLUDED ABOVE 5 Metals $ 1,915,887.50 6 Wood, Plastics and Composities $ 9,270.10 7 Thermal and Moisture Protection $ 488,477.67 8 Openings $ 458,876.83 9 Finishes $ 1,246,763.71 10 Specialties $ 76,750.37 11 Equipment $ 111,806.50 12 Furnishings $ 27,912.08 21 Fire Supression $ 76,252.26 22 Plumbing $ 110,531.06 23 HVAC $ 678,300.31 26 Electrical $ 551,975.17 27 Communications $ 66,917.59 28 Electronic Safety and Security $ 34,956.50 31 Earthwork $ 319,326.15 32 Exterior Improvements $ 598,820.47 33 Utilities $ 258,234.13 Sub- Total $ 9,358,735.32 AIt1 (ADD) Furnish all labor, materials and equipment to complete the Telescoping Bleachers for the gymnasium courts as indicated on the Drawings, Specifications and in the bid documents $ 166,875.00 AIt2 (ADD) In lieu of disassembling and discarding the Gazebo, furnish all labor, materials and equipment to disassemble, move and re - assemble the Existing Gazebo at a location within the park boundaries to be determined. $ 20,468.75 A Bidder Lump Sum Bid Amount $ 9,546,079.07 B Owner's Dedicated Contingency/Allowance (10%) $ 954,607.91 C Allowance for WASD Verification Fee $ 25,428.89 D Permit Fees & Other Reimbursables $ 80,000.00 Grand Total Project Amount (A+B+C+D) $ 10,606,115.87 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 CERTIFICATE OF AUTHORITY (IF CORPORATION) I HEREBY CERTIFY that at a meeting of the Board of Directors of John Bell Construction, Inc. , a corporation organized and existing under the laws of the State of Florida , held on the 18thday of February , 2016 , a resolution was duly passed and adopted authorizing (Name) Oscar Moreton as (Title) President of the corporation to execute bids on behalf of the corporation and providing that his/her execution thereof, attested by the secretary of the corporation, shall be the official act and deed of the corporation. I further certify that said resolution remains in full force and effect. IN WITNESS WHERE() I have hereunto set my hand this 22ncj day of May , 20 26 Secrets Print: Jazz Machin CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) HEREBY CERTIFY that at a meeting of the Board of Directors of , a partnership organized and existing under the laws of the State of , held on the _day of , a resolution was duly passed and adopted authorizing (Name) as (Title) of the to execute bids on behalf of the partnership and provides that his/her execution thereof, attested by a partner, shall be the official act and deed of the partnership. I further certify that said partnership agreement remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of Partner: Print: , 20 CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) Joint ventures must submit a joint venture agreement indicating that the person signing this bid is authorized to sign bid documents on behalf of the joint venture. If there is no joint venture agreement, each member of the joint venture must sign the bid and submit the appropriate Certificate of Authority (corporate, partnership, or individual). Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) HEREBY CERTIFY that, I (Name) , individually and doing business as (d/b/a) (If Applicable) have executed and am bound by the terms of the bid to which this attestation is attached. IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20 Signed: Print: NOTARIZATION STATE OF t6(l(]I�t COUNTY OF VI 1 (ii Yi4 t \)(Act ) The foregoing instrument was acknowledged before me this 'L1 day of vIG1'l , 20 by T a l- ICI U cik i y , who is personally known to me or who has produced i11 A as identification and who (did / did not) take an oath. SIGNATU'� E OF 'OTARY ' ;LIC STATE 01 F I U Y l GI G1 Maria Sevilla Co ma) 272738 '" Expires: June 6, 2026 - )�..: Q, ; e r Publlr. State of Florida PRINrf'kip" TAutaaPED OR TYPED NAME OF NOTARY PUBLIC Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 BID BOND FORM (Page 1 of 3) State of Florida County of Miami -Dade City of Miami } } } KNOWN ALL PERSONS BY THESE PRESENTS, that John Bell Construction, Inc as Principal, Travelers Casualty and Surety Company of America as Surety, are held and firmly bound unto the City of Miami, in the penal sum of Five Percent of Amount Bid 5% of dollars ($ Amount Bid ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying bid, dated April 16th , 202q for: ITB No. 25-26-013 - Moore Park Gymnasium - D5 Project No. 40-B193513 NOW THEREFORE: (a) If the Principal shall not withdraw said bid within one hundred eighty (180) calendar days after date of opening the same, and shall within ten (10) calendar days after the prescribed forms are presented to him for signature, enter into a written Contract with the City, in accordance with the bid as accepted, and give bond with good and sufficient Surety or Sureties, as may be required, for the faithful performance and proper fulfillment of such Contract; or (b) In the event if the withdrawal of said bid within the period specified, or the failure to enter into such Contract and give such bond within the time specified, if the Principal shall pay the City the difference between the amount specified in said bid and the amount for which the City may procure the required Work and supplies, if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 BID BOND FORM (Page 2 of 3) IN WITNESS WHEREOF, the above bound parties have executed this instrument under their several seals, this 16th day of April , 20 26 , the name and corporate seal of each party being hereto affixed, and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. WITNESS: PRINCIPAL: John B-II Construction, Inc (If Sole Ownership, Partnership, or Joint Venture, two (2) Witnesses are required. If Corporation, Secretary will only attest and affix seal) WITNESS: Signature of Surejty S tar' witness Affix Seal ignature 1Sccv-1' I' o o i 0- 9rf J 614 rir-- Full Name and Yitle John Bell Construction, Inc Name of Firm 4000 SW 60th Court Business Address Miami , FL 33155 City/State/Zip Code SURETY: Travelers Casualty and Surety Company of America Signature of Authorized Officer Brett Rosenhaus, Attorney -in -Fact Full name and Title Travelers Casualty and Surety Company of America Name of Firm One Tower Square, Business Address Hartford, CT 06183 City/State/Zip Code Moore Park Gymnasium - D5 Project No. 40-B193513 ITB No. 25-26-016 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 BID BOND FORM (Page 3 of 3) Secretary of the CERTIFICATE AS TO CORPORATE PRINCIPAL Corporation named , certify that I am the as Principal in the within bond; that of said corporation; that I know his signature, and the signature hereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing body. (Corporate Seal) STATE OF Florida COUNTY OF Palm Beach CITY OF Delray Beach Before me, a Notary Public duly commissioned, and qualified, personally appeared Brett Rosenhaus to me well known, who being by me first duly sworn upon oath, says that he/she is the attorney -in -fact, for the _Travelers Casualty and Surety Company of America and that Travelers Casualty and he/she has been authorized by Surety Company of America to execute the foregoing bond on behalf of the Contractor named therein in favor of The City of Miami, Florida. Subscribed and sworn to before me this 16th day of April INSTRUCTIONS: Bid Bonds must be accompanied by a Power of Attorney, in compliance with Instructions to Bidders. My Commission Expires: 8/11/2029 Notary Public, State of Florida at Large 41 4 ,20 26 L'I 'IIII'Ihfl Notary Public State of Florida Julie A. Caporals My Commission HH 708862 Id Expires 8/11/2029 1 Moore Park Gymnasium - D5 Project No. 40-B193513 ITB No. 25-26-016 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 TRAVELERS) Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Brett Rosenhaus of DELRAY BEACH , Florida , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. State of Connecticut By: City of Hartford ss. Robert L. ReneU'Senior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2026 Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 16th day of April Kevin v Hughes, Assistant Secretary To verify the authenticity of this Power of Attorney, p/ease call us at 1-800-421-3880. P/ease refer to the above -named Attorneys) -in -Fact and the details of the bond to which this Power of Attorney is attached. Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 QUESTIONNAIRE This completed form must be submitted with the bid. The City may, at its sole discretion, require that the Bidder submit additional information not included in the submitted form. Such information must be submitted within seven (7) calendar days of the City's request. Failure to submit the form, or additional information upon request by the City, shall result in the rejection of the bid as non- responsive. Additional pages may be used following the same format and numbering. By submitting its bid, the Bidder certifies the truth and accuracy of all information contained herein. A. Business Information 1. a) How many years has Bidder been in business under its current name and ownership? Professional Licenses/Certifications (include name and number)* Certified General Contractor (CGC1524390) Small Business Enterprise (SBE - CON. & G&S) - Miami -Dade County Disadvantaged Business Enterprise (DBE) - Miami -Dade County Local Developing Business (LDB) - Miami -Dade County Minority Business Certification - State of Florida Issuance Date 06/20/2016 01/09/2018 01/12/2018 10 01/09/2018 11 /21 /2017 (*include active certifications of small business enterprise and name of certifying entity) b) Date Bidder licensed by Dept. of Professional Regulation: 06/20/2016 c) Qualifier Business License: Yes Vi No ❑ If Yes, Date Issued 06/20/2016 d) What is Bidder's business? General Contracting (This answer should be specific. For example: paving, drainage, schools, interior renovations, etc.) e) Name of Qualifier, license number, and relationship to Bidder: Oscar Morejon; CGC1524390; President & Founder f) Names of previous Qualifiers during the past five (5) years including, license numbers, relationship to Bidder and years as qualifier for the Bidder. N/A 2. Name and Licenses of any prior companies: Name of Company License No. Issuance Date N/A 3. Type of Business Entity: ❑ Corporation "S" Corporation ❑ LLC ❑ Sole Proprietorship ❑ Other: (Corporations will be required to provide a copy of their corporate resolution prior to executing a Contract) Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 4. Business Entity Ownership: a) Identify all owners of the Business Entity. Name Title Oscar Morejon % of ownership President & Founder 50% Albert Faz Vice President & CFO 50% b) Is any owner identified above as an owner in another company? ❑ Yes I' No If yes, identify the name of the owner, other company names, and % ownership. c) Identify all individuals authorized to sign for the Business Entity, indicating the level of their authority (Check applicable boxes and for "Other" provide specific levels of authority) Name and Title Oscar Morejon, President & Founder Albert Faz, Vice President & CFO Jazz Machin, Vice President Signatory Authority All Cost No -Cost Other 000 ❑ vlV ❑ ❑ O 000 Explanation for Other: (Note: "All" refers to any type of document including but not limited to Contracts, amendment, change proposal requests (CPR), change orders (CO), notices, claims, disputes, etc. "Cost" refers to CPRs, COs. No -cost refers to RFIs, Notices, and other similar documents) 5. Employee Information: Total No. of Employees: 30 Number of Managerial/Admin. Employees: 24 Number of Trades Personnel and total number per classification: (Apprentices must be listed separately for each classification) Skilled Laborers - 3 Laborers - 1 Working Masonry Foreman - 2 How many employees are working under H2B visas? 0 6. Has any owner or employee of the Bidder been convicted of a federal offense or moral turpitude? If yes, please explain: No Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 7. Insurance and Bond Information: a) Insurance Carrier name and address: FCCI Insurance Group 6300 University Pkwy, Sarasota, FL 34240 b) Insurance Contact Name, telephone, and e-mail: Hector Echemendia 305-216-9580; hechemendia@ggaig.com c) Insurance Experience Modification Rating (EMR): 0.78 (If no EMR rating please explain why) d) Number of Insurance Claims paid out in last five (5) years and their corresponding value: One (1) - 2020 - $150,000.00 (Bogus Slip & Fall during Covid, Non -Construction -Related) e) Bond Carrier name and address: The Travelers Companies, Inc. 485 Lexington Ave, New York, NY 10017 f) Bond Carrier Contact Name, telephone, and e-mail: Brett Rosenhaus 561-248-1348; brosenhaus@acrisure.com g) Number of Bond Claims paid out in last five (5) years and their corresponding value: 0 8. Have any claims lawsuits been filed against the Bidder in the past five (5) years? If yes, identify all Bidder has either settled or an adverse judgment has been issued against Bidder. Identify the year, basis for the claim or judgment, and settlement, unless the value of the settlement is covered by a written confidentiality agreement. No 9. To the best of Bidder's knowledge, is Bidder or any of Bidder's officers currently under investigation by any law enforcement agency or public entity? If yes, provide details: No 10. Has Bidder been assessed liquidated damages or defaulted on a Project in the past five (5) years? Yes ❑ No V If yes, provide an attachment that provides an explanation of the Project. 11. Has Bidder been cited for any OSHA violations in the past five (5) years? If yes, please provide an attachment including all details on each citation. - NO 12. Provide an attachment listing all of the equipment, with a value of five thousand dollars ($5,000) or greater, owned by the Bidder. - N/A B. Project Management and Subcontract Details 1. Bidder's Project Manager for this Project: a) Name: Jay Castellanos b) Years employed by Bidder: Three (3) Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 c) Licenses/Certifications: OSHA 30 d) Last three (3) Projects with the company including role, Scope of Work, and value: Town of Golden Beach Wellness Center - Project Manager, 12,000 SF New Construction Municipal Building; $6,000,000.00 City of West Miami Recreational Facility - Project Manager; 24,000 SF New Construction Municipal Building; $7,088,942.00 El Jardin Inn - Project Manager, 19 Unit, New Construction Hospitality (2 Structures); $1,330,678.00 2. Subcontractors: Name Trade % of Work License No. Certification* ***PLEASE REFER TO THE ATTACHED "SUBCONTRACTOR UTILIZATION FORMS"*** (*active certifications of small business enterprise and name of certifying entity) 3. Scope of Physical Labor Construction Work to be performed by Bidder and the corresponding percentage of the Work: (This does not include such items as insurance * bonds, dumpsters, trailers, and other similar non - construction Work items) 1. Temporary Fencing (0.50%) 10. Site & Floor Protection (0.20%) 2. Rough Carpentry (0.20%) 11. Cleaning (Daily & Final) (1 %) 3. Punch Out (0.5%) 12. Countertops (0.20%) 4. Framing / Drywall / Finish (3.55%) 5. Flooring Installation (1%) 13. Painting (1%) 6. Interior Doors (1%) 7. Specialties (0.50%) 8. Window Waterproofing (0.10%) 9. Material Stocking (0.25%) Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 City of Miami, Department of Procurement Experience of the Prime Contractor/Reference Form ITB-GCR INSTRUCTIONS General Contractors shall complete the following information for completed projects where they believe the project is of equal or greater scope, size, and complexity that best represent its ability to complete the "Project." The reference provided below should be for one (1) project and must comply with the requirements listed in the Notice to Contractors. FAILURE TO COMPLETE AND SUBMIT THIS FORM FOR THE NUMBER OF PROJECTS REQUIRED IN THE NOTICE TO CONTRACTORS. WILL RESULT IN THE RESPONSE BEING REJECTED AS NON -RESPONSIVE. The Following Section to be Completed by the Certified General Contractor Name of Certified General Contractor (CGC): John Bell Construction, Inc. The above -referenced CGC is responding to a bid that has been issued by the City of Miami. The City requires that the CGC provide written references with their bid submission. By furnishing you with this document, the CGC is requesting that you provide the following reference information. The City would appreciate you providing the information requested below, as well as any other information you feel is pertinent: Name of Referenced Project: City of West Miami Recreational Centel- Multi-Genefl nal erlteh Scope of Referenced Work: New Construction, Three (3) Story, 24,000 SF Recreational/Municipal Building (Gym/Event Space/Activities) Did the Scope involve ork in a project of comparable scope, scale, and complexity to the Project within the past ten (10) years? Yes ❑ No Value of Project: $ 7,088,942.00 Date Completed: 12 / / 2 2 5 Percentage of physical construction Work self -performed by the CGC: 10 % Was Project completed on time and within budget: V Yes ❑ No If not, was the CGC at fault, contributed to the delay, or increased cost? ❑ Yes ❑ No If yes, please provide details: Comments: This project was performed and completed on the premises of West Miami's Recreational Park, comprised of functional facilities such as a Softball/Sports Held, Pavilions, Playgrounds, Soccer Courts, tennis Courts, and Basketball Courts. Reference Company Name: City of West Miami Reference Name/Title and Position: Ed Silva, City Manager Reference Phone Number AND E-mail Address: 786-606-8903; esilva@cityofwestmiami.org By signing below, I certify all information is true and cofe"j e best of my knowledge. Certified General Contractor's Signature Moore Park Gymnasium - D5 Project No. 40-B193513 ITB No. 25-26-016 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 City of Miami, Department of Procurement Experience of the Prime Contractor/Reference Form ITB-GCR INSTRUCTIONS General Contractors shall complete the following information for completed projects where they believe the project is of equal or greater scope, size, and complexity that best represent its ability to complete the "Project." The reference provided below should be for one (1) project and must comply with the requirements listed in the Notice to Contractors. FAILURE TO COMPLETE AND SUBMIT THIS FORM FOR THE NUMBER Of PROJECTS REQUIRED IN THE NOTICE TO CONTRACTORS. WIL RESULT IN THE RESPONSE BEING REJECTED AS NON -RESPONSIVE The Following Section to be Completed by the Certified General Contractor Name of Certified General Contractor (CGC): John Bell Construction, Inc. The above -referenced CGC is responding to a bid that has been issued by the City of Miami. The City requires that the CGC provide written references with their bid submission. By furnishing you with this document, the CGC is requesting that you provide the following reference information. The City would appreciate you providing the information requested below, as well as any other information you feel is pertinent: Name of Referenced Project: Westchester Regional Library Health & Wellness Information Center New Construction, 6,000 SF LEED Certified Health & Wellness Info. Center on the premises Scope of Referenced Work: of a functioning/operable Public Library and Public Park. Did the Scope involve work in a project of comparable scope, scale, and complexity to the Project within the past ten (10) years? Yes ❑ No Value of Project: $ 2,000,000.00 Date Completed: 03/16 PO 2 2 Percentage of physical construction Work self -performed by the CGC: 25 % Was Project completed on time and within budget: W Yes ❑ No If not, was the CGC at fault, contributed to the delay, or increased cost? ❑ Yes ❑ No If yes, please provide details: This project was performed during the height of Covid as well as after, subject to Material Price Increases. Comments: As the CGC, we honored our Contract Price and absorbed all cost implications. Reference Company Name: Miami -Dade County Reference Name/Title and Position: Jesus Sanchez, Construction Manager Reference Phone Number AND E-mail Address: 786-525-7054; sanchezj@mdpls.org Certified General Contractor Certification of Information By signing below, I certify all information is true and correc:.- best of my knowledge. Certified General Contractor's Signature Moore Park Gymnasium - D5 Project No. 40-B193513 ITB No. 25-26-016 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 City of Miami, Department of Procurement Experience of the Prime Contractor/Reference Form ITB-GCR INSTRUCTIONS General Contractors shall complete the following information for completed projects where they believe the project is of equal or greater scope, size, and complexity that best represent its ability to complete the "Project." The reference provided below should be for one (1) project and must comply with the requirements listed in the Notice to Contractors. FAILURE TO COMPLETE AND SUBMIT THIS FORM FOR THE NUMBER OF PROJECTS REQUIRED IN THE NOTICE TO CONTRACTORS. WILL RESULT IN THE RESPONSE BEING REJECTED AS NON -RESPONSIVE The Following Section to be Completed by the Certified General Contractor Name of Certified General Contractor (CGC): John Bell Construction, Inc. The above -referenced CGC is responding to a bid that has been issued by the City of Miami. The City requires that the CGC provide written references with their bid submission. By furnishing you with this document, the CGC is requesting that you provide the following reference information. The City would appreciate you providing the information requested below, as well as any other information you feel is pertinent: Name of Referenced Project: Town of Golden Beach Wellness Center Scope of Referenced Work: New Construction, Two (2) Story, 12,000 SF Wellness Center (Gym/Activities/Spa/Common) Did the Scope involve work in a project of comparable scope, scale, and complexity to the Project within the past ten (10) years? 7 Yes ❑ No Value of Project: $ 6,000,000.00 Date Completed: (Est.) August 2026 Percentage of physical construction Work self -performed by the CGC: 10 % Was Project completed on time and within budget: 2 Yes ❑ No *Pending Completion If not, was the CGC at fault, contributed to the delay, or increased cost? ❑ Yes ❑ No If yes, please provide details: Comments: This project was Value Engineered by our Preconstruction Team to remain within the Town's Budget. Reference Company Name: Town of Golden Beach Reference Name/Title and Position: Alexander Diaz, Town Manager Reference Phone Number AND E-mail Address: 786-236-4211; alexanderdiaz@goldenbeach.us Certified General Contractor Certification of Information By signing below, I certify all information is true and correct best of my knowledge. Certified General Contractor's Signature Moore Park Gymnasium - D5 Project No. 40-B193513 ITB No. 25-26-016 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 City of Miami, Department of Procurement Experience of the Prime Contractor/Reference Form ITB-GCR INSTRUCTIONS General Contractors shall complete the following information for completed projects where they believe the project is of equal or greater scope, size, and complexity that best represent its ability to complete the "Project." The reference provided below should be for one (1) project and must comply with the requirements listed in the Notice to Contractors. FAILURE TO COMPLETE AND SUBMIT THIS FORM_EOR THE NUMBER OF PROJECTS REQUIRED IN THE NOTICE TO CONTRACTORS. WILL RESULT IN THE RESPONSE BEING REJECTED AS NON -RESPONSIVE. The Following Section to be Completed by the Certified General Contractor Name of Certified General Contractor (CGC): John Bell Construction, Inc._ The above -referenced CGC is responding to a bid that has been issued by the City of Miami. The City requires that the CGC provide written references with their bid submission. By furnishing you with this document, the CGC is requesting that you provide the following reference information. The City would appreciate you providing the information requested below, as well as any other information you feel is pertinent: Name of Referenced Project: Venetian Pool - Pool Bottom Replacement & Pump System Improvements Demolition of 25,000 SF Pool Bottom Concrete Slab, Replacement of Underground Pool Plumbing (in and out of Scope of Referenced Work: Property), Pump System Replacement, Civil & Sitework, Control Room Electrical Work. Community/Municipal Pool. Did the Scope involve ork in a project of comparable scope, scale, and complexity to the Project within the past ten (10) years? fYes ❑ No Value of Project: $ 6,385,861.28 Date Completed: 12/05/2025 Percentage of physical construction Work self -performed by the CGC: 10 % Was Project completed on time and within budget: iZr Yes ❑ No If not, was the CGC at fault, contributed to the delay, or increased cost? ❑ Yes ❑ No If yes, please provide details: Comments: This project had Owner additions of scope, Owner -directed changes, and Field Conditions Changes. We kept the project on Schedule and wdnin uuaget, tnrougnout. uur company was recognized oy mayor vince Lago at compleTon ana our Presiaent, uscar moreton was gifted the Key to the City of Coral Gables. Reference Company Name: City of Coral Gables Reference Name/Title and Position: Carolina Vester Reference Phone Number AND E-mail Address: 305-968-8781: cvester�coralgables.com Certified General Contractor Certification of Information By signing below, I certify all information is true and correct,/ e best of my knowledge. Certified General Contractor's Signature Moore Park Gymnasium - D5 Project No. 40-B193513 ITB No. 25-26-016 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 ANTI -HUMAN TRAFFICKING AFFIDAVIT 1. The undersigned affirms, certifies, attests, and stipulates as follows: a. The entity is a non -governmental entity authorized to transact business in the State of Florida and in good standing with the Florida Department of State, Division of Corporations. b. The nongovernmental entity is either executing, renewing, or extending a contract (including, but not limited to, any amendments, as applicable) with the City of Miami ("City") or one of its agencies, authorities, boards, trusts, or other City entity which constitutes a governmental entity as defined in Section 287.138(1), Florida Statutes (2024). c. The nongovernmental entity is not in violation of Section 787.06, Florida Statutes (2024), titled "Human Trafficking." d. The nongovernmental entity does not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes (2024), attached and incorporated herein as Exhibit Affidavit-1. 2. Under penalties of perjury, I declare the following: a. I have read and understand the foregoing Anti -Human Trafficking Affidavit and that the facts, statements and representations provided in Section 1 are true and correct. b. I am an officer, or a representative of the nongovernmental entity authorized to execute this Anti - Human Trafficking Affidavit. Nongovernmental Entity: John Bell Construction, Inc. Name: Oscar MOre"On. Officer itle: President Signature of Officer: Office Address: 4000 SW 60th Ct., Miami, FL 33155 Email Address: oscarrjohnbellconstruction.com Main Phone Number: 305-458-5666 FEIN No. 8/1-1 /5/ 5/1/0/2/1 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument wasosworn�to ps d subscribed before me by means of physical presence or Elonline notarization, thisl,2day of Eby, as the authorized officer or representative for the nongovernmental entity. He/she is personally known to me or has produced i11 (1 as ide ti ; -tion. Q,,\\`1Y P/���// Maria Sevilla (NC $' ;�1i''R .BLI€0 ArIn 272738 .. •,.4Q Expires: June 6, 2026 ',/.` °F�i�,;\ Notary Public - State of Florida SignatuPg of Person Taking Oath (Printed, Typed, or Stamped Name of Notary Public) My Commission Expires: END OF SECTION Moore Park Gymnasium - D5 Project No. 40-B193513 ITB No. 25-26-016 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 Project No. B-193513 CITY OF MIAMI CAPITAL IMPROVEMENTS PROGRAM SUBCONTRACTOR UTILIZATION FORM Project Title: Moore Park Gymnasium - D5 Sheet No. 1 of 3 This Form should be submitted with a bidder's bid form submittal. Failure to submit this Form with the bid may result in the bid being rejected as non -responsive. The City in its reasonable discretion may allow, in the interest of the competition, the Bidder to submit the Form after bids are due (as supplemental information). Provide the following information for each subcontractor regardless of tier.* Attach additional sheets if necessary. Name of Business Portion of Work Dollar Amount Percent Address/City/State/Zip License Information** Miami-DadeCertification* CBE CSBE N/A Type Number Lumix Construction Corp. Sitework / Civil $594,652.00 7 17400 SW 92nd Ct. Palmetto Bay, FL 33157 Geri General and Utirer cart Gene,gmued Contractor CGC1537913VI CUC1225780 Phorcys Builders, Corp. Concrete / Masonry $1,191,000.00 14 11417 NW 122nd St.Medley, FL 33178 Certified General Contractor CGC1526767 0 0 Details City Commercial, Inc. Structural Steel $1,503,220.00 18 696 W. 28th St., Hialeah, FL 33010 N/A N/A Espinosa Powder Coating & Decorative Fence LLC Misc. Metals $141,505.00 1 .7 7312 NW 79th Terr., Medley, FL 33166 N/A N/A AJF Roofing Inc. Roofing $364,000.00 4.3 7495 NW 7th St. #8, Miami, FL 33126 Certified Roofing Contractor CCC11331111 Thermo -Tech Insulation Inc. Insulation $34,500.00 0.4 1601 SE Mistletoe St. Pt. St. Lucie, FL 34983 N/A N/A VI J J Caulking & Waterproofing Corp. Waterproofing $22,715.00 0.2 2482 NW 21stTerrace, Miami, FL 33142 N/A N/A Baez Firestop LLC Firestopping $10,875.00 0.1 1500SW76thAve,Miami,FL33144 N/A N/A 0 0 Reylos Glass Inc. Windows/Storefront $164,891.00 2 12400 SW 134th Ct. #14, Mimi, FL 33186 Certified Specialty Contractor SCC131152738 6 Esplinosae owder Coating & Glass & Glazing $138,915.00 1 .6 7312 NW 79th Terr., Medley, FL 33166 N/A N/A AD Plastering & Painting LLCcoratnce Stucco $197,000.00 2 140 NE 161stSt., Miami, FL 33162 N/A N/A F.M. Decoration Corp. Acoustical Ceiling/Panels $149,160.00 1 .7 14155 SW 145th Place, Miami, FL 33186 N/A N/A Color Factory, Inc. Painting $95,440.50 1 680 S Military Trail, Deerfield Beach, FL 33442 Certified General Contractor CGC1517723 I1 * Must be certified by Miami -Dade County. All tiers must be shown, including multiple sub -tiers, if permitted by the Contract Documents. **List only those relevant to this Project. ***Check N/A if the listed SU does not have a CBE/CSBE certification (e.g., independent third party verifier) Form SU Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 Project No. B- 193513 CITY OF MIAMI CAPITAL IMPROVEMENTS PROGRAM SUBCONTRACTOR UTILIZATION FORM Project Title: Moore Park Gymnasium - D5 Sheet No. 2 of 3 This Form should be submitted with a bidder's bid form submittal. Failure to submit this Form with the bid may result in the bid being rejected as non -responsive. The City in its reasonable discretion may allow, in the interest of the competition, the Bidder to submit the Form after bids are due (as supplemental information). Provide the following information for each subcontractor regardless of tier.* Attach additional sheets if necessary. Name of Business Portion of Work Dollar Amount Percent Address/City/State/Zip License Information** Miami-DadeCertification* CBE CSBE N/A Type Number Atlas Carpet & Tile Flooring $59,922.00 0.7 16406 NW54th Ave, Hialeah, FL 33014 N/A N/A171 Impact Sport Surfaces, Inc. Sports Flooring $316,350.00 3.7 4310 NW 120th Ave, Coral Springs, FL 33065 N/A N/A 0 0 Y ' All Specialty Sales, Inc. Specialties $44,110.00 0.5 1580 NE 36th St, Ft. Lauderdale, FL 33334 N/A N/A Saul Signs, Inc. Signage $21,125.00 0.2 8500SW8thSt.#240,Miami,FL33144 N/A N/A Q Q Southeastern Surfaces & Equipment Sports Equipment $121 ,400.00 1 .4 569 Canal St, New Smyrna Beach, FL 32170 Certified General Contractor CGC012423 0 0 Magnum Fire Systems LLC Fire Sprinkler $67,450.00 0.7 934 NE 42nd PI., Homestead, FL 33033 Fire Protection Contractor FPC000182 0 0 Apex Air Conditioning Contractors Plumbing $75,000.00 0.8 700 W 20th Street, Hialeah, FL 33010 Certified Plumbing Contractor CFC1427831 0 0 Atlantic Air Conditioning & Refrigeration Mechanical $550,000.00 6.5 9280 NW 27th St., Doral, FL 33172 Certified Air Conditioning Contractor CAC057704 0 0 IV I DLD Electrical Contractor LLC Electrical $311,410.00 3.6 10753 NE 3rd Ct., Miami, FL 33161 Certified Electrical Contractor EC13013062 Bonded Lightning Protection Systems, Inc. Lightning Protection 9 g $36,900.00 0.4 2080 W Indiantown Road, #100 Jupiter, FL33458 Certified Electrical Contractor EC13011392 0 0 Wise Building Technologies, LLC Low Voltage $59,193.00 0.6 1355 NW 93rd Ct. #A-105, Doral, FL 33172 Certified Electrical Contractor EC13010682 0 0 Everon, LLC Fire Alarm $30,921.00 0.3 1501 Yamato Road, Boca Raton, FL 33431 Certified Alarm System Contractor EF20001044 Alphascapes & Co. Landscaping $231,750.00 2.7 5707 SW 118th Ave, Miami, FL 33183 N/A N/A 0 0VI * Must be certified by Miami -Dade County. All tiers must be shown, including multiple sub -tiers, if permitted by the Contract Documents. **List only those relevant to this Project. ***Check N/A if the listed SU does not have a CBE/CSBE certification (e.g., independent third party verifier) Form SU Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 Project No. B- 193513 CITY OF MIAMI CAPITAL IMPROVEMENTS PROGRAM SUBCONTRACTOR UTILIZATION FORM Project Title: Moore Park Gymnasium - D5 Sheet No. 3 of 3 This Form should be submitted with a bidder's bid form submittal. Failure to submit this Form with the bid may result in the bid being rejected as non -responsive. The City in its reasonable discretion may allow, in the interest of the competition, the Bidder to submit the Form after bids are due (as supplemental information). Provide the following information for each subcontractor regardless of tier.* Attach additional sheets if necessary. Name of Business Portion of Work Dollar Amount Percent Address/City/State/Zip License Information** Miami-DadeCertification* CBE CSBE N/A Type Number Napoles Irrigation, Corp. Irrigation $49,945.00 0.5 10944 SW 119th Street, Miami, FL 33176 Certified Specialty Contractor SCC131152055 IVI 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 * Must be certified by Miami -Dade County. All tiers must be shown, including multiple sub -tiers, if permitted by the Contract Documents. **List only those relevant to this Project. ***Check N/A if the listed SU does not have a CBE/CSBE certification (e.g., independent third party verifier) Form SU Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 Ron DeSantis, Governor STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Melanie S. Griffin, Secretary CONSTRUCTION INDUSTRY LICENSING BOARD THE GENERAL CONTRACTOR HEREIN IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 489, FLORIDA STATUTES MOREJON, OSCAR P JOHN BELL CONSTRUCTION, INC. Nat 4000 SW 60TH CT Aitib MIAMI FL 3315 ri. LICENSE NUMBER: CGC1524390 EXPIRATION DATE: AUGUST 31, 2026 Always verify licenses online at MyFloridaLicense.com ISSUED: 08/20/2024 Do not alter this document in any form. dbrdl This is your license. It is unlawful for anyone other than the licensee to use this document. Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 002723 Local Business Tax Receipt Miami -Dade County, State of Florida -THIS IS NDT A BILL - D!) NOT PAY 7216031 8UONESS EU CATION JOHN BELL CO1 iRUCTION INC 4000 SW 60TH CT MIAMI FL 33155--5222 OWNER JOHN BELL CONSTRUCTION INC C/O OSCAR MOnuON QUALIFIER Worker(s) LBTJ 1 RECEIPT NO. RENEWAL 7500075 ;n _r 17 SEC. TYPE OF BUSINESS 196 GENERAL BUILDING CONTRACTOR CGC1524390 EXPIRES SEPTE ►MBER 30, 2026 Must s displayed ai place of hUsiness Pursuant Is.: County Code Chanter BA -.Art. 9 & 7G PAYMENT RECEIVED OP TAX c^...Ectoa $75,00 O7 /14/2025 PTETC 25-12323G This Lanai Business Tax Rarript only cantina payment of to Local BusineTax. Tka RaDalpi is nets license, permit, or a certification of as holder's qualifications, to do basisess. Holder must cumoaely with any governownwi or nonge ommentall rsgulilt ry laws end rasp ivenSo tt :shish .ply tQ tlr: business. The RECEIPT NO. above must be displayed on all cwnnsetisi vehicles - Nliarni-Dada Cede Sac 811-Z7 . For more Information, vist:. c csollector.gov Docusign Envelope ID: 17BAADEI-9E88-81AD-8158-748D21 B2C799 SECTION 5 CONTRACT EXECUTION FORMS THIS Contract # 25-26-016 made this 21st day of September in the year 2026 in the amount of .$10,606,115.87 by and between THE CITY OF MIAMI, FLORIDA, hereinafter called the CITY," and John Bell Construction, Inc., hereinafter called the "Contractor." C-o T RA-C-T EXE uTION-f ORM IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESS/ATTEST John Bell Constructio Inc., a Florida Profit Corporation � — Sign port,i3 ► — l—_ Print Name, Title ATTEST: CONTRACT)DR Sefetary (Affirm Contactor ATTEST: \I T eal, if available) Todd B. Hannon, City Clerk Signature 17 Print Name, Title of Authorized Officer or Official (CORPORATE SEAL) CITY OF MIAMI, a municipal corporation of the State of Florida SAiR James Reyes, City Manager APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM AND REQUIREMENTS: CORRECTNESS: David Ruiz, Interim Director Risk Management Department ,—Signetl by: a1.er,)t, i; Risew� III George K. Wysong III, City Attorney Matter ID 26-2282 Foal Moore Park Gymnasium - D5 Project No. 40-B193513 ITB No. 25-26-016 Docusign Envelope ID: 17BAADE1-9E88-81 AD-8158-748D21 B2C799 CORPORATE RESOLUTION WHEREAS, tits ba.1_. COti1STYLUCT1o11/4.1 , desires to enter into a Contract with the City of Miami for the purpose of performing the Work described in the Contract to which this resolution is attached; and WHEREAS the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the By -Laws of the corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that the (Type Title of Officer) CS cc— t i r j U �l , is hereby authorized and instructed to enter into (Type Name of Officer) a Contract, in the name and on behalf of this corporation, with the City of Miami upon the terms contained in the proposed Contract to which this resolution is attached and to execute the corresponding performance bond. DATED this 2, day of U tU ST , 20 2(Q /.L .4// 4 // pora nap (Corporate Seal) Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 ACRISURE July 31, 2026 City of Miami 444 SW god Avenue, Miami, FL 33130 RE: John Bell Construction, Inc Bond No: 108472317 Project: ITB No. 25- 26-016, Moore Park Gymnasium — D5, Project No. 40-B 193513 To Whom it May Concern: Please allow this Ietter to service as formal autho and/or City of Miami to date the captioned b the Contract Date. Please note the bond `iPfor John Bell Construction, Inc ower of attorney to coincide with or to the contract date. Please provide the bond date an eVac c r office via email as soon as possible: of $\2 Bond le: calm/ W 2-(e Thank you and should you have any questions or need any additional information, please feel free to contact our office anytime Sincerely, Brett Rosenhaus Attorney -in -Fact 12008 South Shore Blvd., Ste 201, Wellington, FL 33414 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 FRONT PAGE OF PUBLIC PAYMENT BOND Florida Statute 255.05 BOND NO. 108472317 CONTRACTOR: John Bell Construction, Inc 4000 SW 60a' Court, Miami, FL 33155 305-458-5666 QJl � SURETY: Travelers Casualty and Suet mpany of America One Tower Square, it Hartford, CT 0618`` . b 860-277-01 `1 O j � 7 A-2 AGENT: Acris 6 �%�It` 12008 S S ` d'd., Ste 201 Wellington, FL 33414 561-454-8202 OBLIGEE: City of Miami 444 SW 2nd Avenue, Miami, FL 33130 305-468-5900 PROJECT: ITB No. 25- 26-016, Moore Park Gymnasium — D5, Project No. 40- B193513 LOCATION: 765 NW 36' Street, Miami, FL 33127 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 FORM OF PERFORMANCE BOND (Page 1 of 2) Bond No. 108472317 BY THIS BOND, We John Bell Construction, Inc , as Principal, hereinafter called Contractor, and Travelers Casualty and Surety Company of America , as Surety, are bound to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of Ten Million Six Hundred six Thousand One Hundred Fifteen and 87/100 Dollars ($ 10,606,115.87 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS Contractor has by written agreement entered into a Contract, bid/Contract ITB No. 25- 26-016, Moore Park Gymnasium — D5, Project No. 40-B193513, awarded the 11 day of fkUkGUST 20 , with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract". THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the Contract between Contractor and City for c the Contract being made a part of this Bond by ref e, at the times and in the manner prescribed in the Contract; and 2. Pays City all losses, liquidated damsexxDe -«- ts, and attorneys' fees including appellate proceedings, that City sustains a aepstilt Ad u sy Contractor under the Contract; and 3. Performs the guarantee of anaeeials furnished under the Contract for the time specified in the Contract; then T3 IS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. 4. Whenever Contractor shall be, and declared by City to be, in default under the Contract, City having performed City obligations hereunder, the Surety may promptly remedy the default, or shall promptly: 4.1. Complete the Project in accordance with the terms and conditions of the Contract Documents; or 4.2. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the Contract Documents, and upon determination by Surety of the lowest responsible Bidder, or, if City elects, upon determination by City and Surety jointly of the lowest responsible Bidder, arrange for a Contract between such Bidder and City, and make available as Work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by City to Contractor. tion of Moore Park Gymnasium Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 FORM OF PERFORMANCE BOND (Page 2 of 2) No right of action shall accrue on this bond to or for the use of any person or corporation other than the City named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Signed and sealed this it day of AtA61 U Si- , 20 26 WITNESS: (If Sole Ownership, Partnership, or Joint Venture, two (2) Witnesses are lered. If Corporation, Sect yvii s rily ..ttest and affix seal) J.griatuie o 1,1 Affix Seal uthorized offi sce2P PRINCIPAL: John Bell Cons ignature N('�� ♦ 11 Name and Title !� `�j John Bell Construction, Inc � Pt Name of Firm O�� ('�QV` 4000 SW 60th Court 1 horized officer IN THE PRESENCE OF: S&Un.afure Kailee Rosenhaus, Witness Signature Carolina Hernandez, Witness Business Address Miami, FL 33155 City/State/Zip Code INSURANCE COMPANY: Travelers Casualty and Surety Company of America Rmir By Agent and Attorney -in -Fact Brett Rosenhaus,. Attorney -in -Fact One Tower Square, Business Address Hartford, CT 06183 Affix Seal City/State/Zip Code 860-277-0111 Telephone Moore Park Gymnasium - D5 Project No 40-B193513 ITB No. 25-26-016 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 FORM OF PAYMENT BOND (Page 1 of 2) Bond No. 108472317 BY THIS BOND, We John Bell Construction, Inc , as Principal, hereinafter called Contractor, and Travelers Casualty and Surety Company of America , as Surety, are bound to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of Ten Million Six Hundred Six Thousand One Hundred Fifteen and 871100 Dollars ($ 10,606,115.87 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, the Contractor has by written agreement entered into a Contract, ITB No. 25-26-016, Moore Park Gymnasium — D5, Project No. 40-B193513, awarded the 1--1 day of ht t UST , 20 Up, with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated citnages, and other damages identified, and for the purposes of this Bond are hereafter referred to'Contract"; THE CONDITION OF THIS BOND is that if Contractor: 1. Pays City all losses, liquidated damages, expens osts, and attorneys' fees including appellate proceedings, that City sustains because by4N tractor under the Contract; and 2. Promptly makes payments to all as I y Florida Statute 255.05(1) for all labor, materials, and supplies used d. y r i irbPey Contractor in the performance of the Contract. THEN CONTRACTOR'S. [ 'TGA ALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AN 1 FECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claim lexcept a laborer, who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within forty-five (45) calendar days after beginning to furnish labor, materials, or supplies for the prosecution of the Work, furnish to Contractor a notice that he intends to look to the bond for protection. 2.2. A claimant who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within ninety (90) calendar days after performance of the labor or after complete delivery of the materials or supplies, deliver to Contractor and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. 2.3. No action for the labor, materials, or supplies may be instituted against Contractor or the Surety unless the notices stated under the preceding conditions (2.1) and (2.2) have been given. 2.4. Any action under this Bond must be instituted in accordance with the longer of the applicable Notice and Time Limitations provisions prescribed in Section 255.05(2), or Section 95-11, Florida Statutes. Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 FORM OF PAYMENT BOND (Page 2 of 2) The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect the Surety's obligation under this Bond. Signed and sealed this 2-1 day of Atli111ST WITNESS: (If Sole Ownership, Partnership, or Joint Venture, two (2) Witnesses..are?Tequired. If Corporation, Secretary will orliy attest and affix seal) , 2026 PRINCIPAL: John Bell C.3 f• Signa Sfiat t'ire of aitfiorized officer ame and Title /l 'lam Affix Seal :zed officer PQQ IN THE PRESENCE OF: Si eKailee osenhaus, Witness �c ` John Bell Construction. Inc e of Firm trpNo SW both Court �Business Address C` v Miami, FL 33155 City/State/Zip Code Signature Carolina Hernandez, V fitness Affix Seal INSURANCE COMPANY: Travelers Casualty and Surety Company of America By Agent and Attorney -in -Fact Brett Rosenhaus. Attorney -In -Fact One Tower Square, Business Address Hartford, CT 06183 City/State/Zip Code 860-277-0111 Telephone Moore Park Gymnasium - D5 iTB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 CERTIFICATE AS TO CORPORATE PRINCIPAL AA-/PX-7)61— PfrkZ.® , certify that I am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that d MOw` i DY'3 , who signed the Bond(s) on behalf of the Principal, was then �11�Cv1T of said corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. Secretary (on behalf of) Corporation STATE OF i o Y lae,e0 A l/Q° COUNTY OF Ivl IGir 1 i Del I-QO4 o \' - Ot/ Before me, a Not�blic duly commissioned, qualified and acting personally, appeared O c t _ H00--e �l�l to me well known, who being by me first duly sworn (SE.1.0i O\ G c\x• F�a y) upon oath says that he/she has been authorized to execute the foregoing Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of Contractor named therein in favor of City. Subscribe nd swo n to befre me this 2 day of AUhU ST , 20 2(4) . M commi Sion ex i es: U q (I j 3 6 Notary Pd.lic, St9te of Fi ric1 GI at Large Bonded by C yi-f"olt46 1Q-Dr l I no Arid I ht vvci rtrt Co m les 11,4 ,ii rirrq =itRv UG�' Maria Herrera Comm.: HH 806036 o• � Expires: Jun. 6, 2030 5''r OF FV�` • z Notary Nubli - Stale of Florida r,,,, Moore Park Gymnasium - D5 ITB No. 25-26-016 Project No. 40-B193513 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 TRAVELERS .l Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and 5t. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and the Companies do hereby make, constitute and appoint Brett Rosenhaus of DELRAY BEACH , Florida , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 13th day of May, 2026. State of Connecticut City of Hartford ss. By. It; An-PBryce Grissom, Senior Vice President On this the 13th day of May, 2026, before me personally appeared Bryce Grissom, who acknowledg Bond & Specialty Insurance, of each of the Companies, and that he, as such, being authorized so tq therein contained by signing on behalf of said Companies by himself as a duly authorized officer ` IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission expires the 31st day of March, 2031 This Power of Attorney is granted under and by the authority which resolutions are now in full force and effect, reading apllo RESOLVED, that the Chairman, the President, .nja ha , xecutive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any t Trea orporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the C. and may i1111111th appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal ' ompany's se�onds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditi aking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or he an 't is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate ali or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. elf to be the Senior Vice President, Surety, uted the foregoing instrument for the purposes Oz, Marie E. Sorensen, Notary Public ss adopted by the Boards of Directors of each of the Companies, I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this day of , 2026 Kevin E. Hughes, Assistant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above -named Attorney(s)-in-Fact and the details of the bond to which this Power of Attorney is attached. Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 From: To: Subject: Date: Attachments: Gomez Jr., Francisco (Frank) Caseres, Luis; Quevedo, Terry; Aviles, Yesenia RE: ITB 25-26-016 Construction Contract Monday, August 24, 2026 2:12:27 PM image010.pna image014.pnq image018.pnq image020.pna image021.pnq image024.pnq Hello Luis, The PPB is acceptable to Risk. Thanks, Frank Gomez, PIAM, CPU Property & Casualty Manager City of Miami Risk Management 14 N.E. 1st Avenue 2nd Floor Miami, Florida 33132 (305) 416-1740 Office c0v O (305) 416-176o Fax 199 fgomez@a miamigol G° sc?P,*(7,Q) ea From: Caseres, Luis <Lcaseres@miamigov.com> Sent: Monday, August 24, 2026 2:09 PM To: Gomez Jr., Francisco (Frank) <FGomez@miamigov.com>; Quevedo, Terry <TQuevedo@miamigov.com>; Aviles, Yesenia <YAviles@miamigov.com> Subject: FW: ITB 25-26-016 Construction Contract Good afternoon, Please review and approve. Best regards, Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM James Reyes City Manager Annie Perez, CPPO Director/Chief Procurement Officer Department of Procurement DocuSigned by: "-89540EB73CAC468... DATE: July 17, 2026 SUBJECT: Recommendation for Award of Construction Services Contract for Moore Park Gymnasium - D5, Project No. 40-B193513 REFERENCES: Invitation to Bid ("ITB") No. 25-26-016 ENCLOSURES: Bid Security List, Contractor's Price Proposal RECOMMENDATION: Based on the findings below, the City of Miami ("City") Department of Procurement ("Procurement") hereby recommends that the referenced contract be awarded to John Bell Construction, Inc. ("JBC"), who has been deemed the lowest responsive and responsible Bidder, for ITB No. 25-26-016, Moore Park Gymnasium - D5, Project No. 40-B193513 ("Project"). BACKGROUND: On March 16, 2026, Procurement issued a solicitation under full and open competition to obtain bids from qualified firms. On May 22, 2026, Procurement received eleven (11) bids in response to the solicitation (see attached Bid Security List). Pursuant to the solicitation, Bidders were required to 1) Hold a current Certified General Contractor ("CGC") license from the State of Florida for a minimum of five (5) years AND have a minimum of ten (10) years' experience under its current business name; 2) Demonstrate experience as the Prime Contractor for at least three (3) projects of similar size, scope, and complexity to the Project, preferably in a park setting, within the past ten (10) years; and 3) the submitted reference projects had to demonstrate that i) was the General Contractor for the project; and ii) self -performed at least thirty percent (30%) of the physical labor construction work for said project. FINDINGS: Procurement conducted due diligence on the bids received, following the guidelines published in the solicitation. As a result of such effort, the apparent lowest bidder, JBC, was deemed responsive and compliant with the Minimum Requirements stipulated in the "Notice to Contractors," and demonstrated the required prior experience in projects of comparable scope, scale, and complexity similar to the Project. The City's Office of Capital Improvements ("OCI") reviewed and evaluated JBC's bid and compared it with the estimate of probable construction cost prepared by Ferguson Glasgow Schuster Soto, Inc., the Architect of Record ("AOR") for the Project. On July 7, 2026, Procurement and OCI held a Responsibility Review Meeting with JBC to discuss a construction incident that occurred at the Coconut Grove Playhouse (CGP), where JBC was the Prime Contractor. Upon completion of the meeting, OCI recommended awarding the contract to JBC, as the Bidder demonstrated both the capacity and reliability to perform the Project in compliance with the construction documents. Also, Procurement discussed JBC's performance at the CGP with staff from Miami -Dade County's Department of Cultural Affairs, which is responsible for managing construction activities at the CGP. Accordingly, JBC was deemed the lowest responsive and responsible Bidder. Based on the above findings, Procurement hereby recommends that the Project be awarded to JBC as shown below: Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 Page 2 - Recommendation of Award of ITB No. 25-26-016, Moore Park Gymnasium — D5 James Reyes, City Manager JOHN BELL CONSTRUCTION, INC. BID ITEMS BID ITEMS VALUES Lump Sum Base Bid $9,358,735.32 Alternate No. 1: Complete the Telescoping Bleachers $166,875.00 Alternate No. 2: Move and Reassemble the Gazebo $20,468.75 10% Owner's Contingency Allowance $954,607.91 Dedicated Allowance for WASD Verification Fee $25,428.89 Dedicated Allowance for Permit Fees & Other Reimbursables $80,000.00 TOTAL CONTRACT AWARD VALUE $10,606,115.87 CONTRACT EXECUTION: Accordingly, Procurement hereby requests authorization to prepare and execute a contract with JBC. Pursuant to Resolution No. 26-0146, approved by the City Commission on April 9, 2026, amending Section 18-117, "Economic Stimulus Awards and Agreements" of the City Code, the City Manager has delegated authority to award this contract and execute the ensuing agreement, since the contract value at award is lower than the estimated probable construction cost. The total contract value at award is $10,606,115.87, which is comprised of a Lump Sum Base Bid in the amount of $9,358,735.32, plus Alternates 1 and 2, a 10% Owner's Contingency Allowance, and a Dedicated Allowance for WASD Verification Fee, Permit Fees, and Other Reimbursables in the amount of $1,247,380.55, as shown above. Your signature below indicates your approval of Procurement's recommendation. Signed by: Approved: t�c�'v A68C256F2CSA478... James Keyes, City Manager Date: July 31, 2026 1 10:52:16 EDT c: Natasha Colebrook -Williams, Deputy City Manager Asael "Ace" Marrero, AIA, Assistant City Manager/Chief of Infrastructure Barbara Hernandez, MPA, Assistant City Manager/Chief of Operations Erica T. Paschal Darling, CPA, Assistant City Manager/Chief Financial Officer Thomas M. Fossler, Assistant City Attorney, Office of the City Attorney Jose R. Perez, AIA, Director, Office of Capital Improvements Oscar Ellis, Director, Department of Parks & Recreation Fernando V. Ponassi, MA Arch., MA PPA, LEED®AP, Assistant Director, Procurement PR26065 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 BID ITEM: AMENDED CITY OF MIAMI OFFICE OF THE CITY CLERK BID SECURITY LIST Moore Park Gymnasium BID NUMBER: ITB 25-26-016 DATE BID OPENED: May 22, 2026 TIME: 3:00 p.m. BIDDER BID TOTAL BID BOND (ER) CASHIER'S AMOUNT CHECK John Belle Construction, Inc $10 606,115.87 5% J.R.T. Construction, Co. $11,097,980.79 5% Vercetti Enterprises $11,348,124.15 5% H.A. Contracting, Corp. $11,396,928.89 5% Burke Construction Group, Inc $11,456,789.00 5% Home Express, Corp $12,424,334.39 5% Waypoint Contracting, Inc. $12,679,693.89 5% Persons Services, Corp. $12,729,107.48 5% West Construction, Inc. $12,835,050.19 5% Florida Construction & Engineering, Inc. $12,952,182.68 5% JCI International, Inc. $13,529,466.89 5% "Offers Ewer the o" ridors Iihted %C t 1 received timely as of the above o pen , Mitt"- o„siera a,g.,m ttod are t!se only e..'.trs 4 elato, and trine. All in r).,d.se t i are hereby rejected as late: '- s so1iciictiion, «y, 4)zt. 5_ 7i7a42 Person Re�kiving Bid(s) On: 05/29/2026 Today's Date Received (11) bid(s) on behalf: Procurement /� City .part nt PREPARED BY: '" Deputy City Clerk Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 Moore Park New Gymnasium - City of Miami Project B193513 BID FORM Provide Lump Sum approach for each CSI Division & Alternates - Not to exceed cs1 Division CSI Master Format Title Cost 1 General $ 876,947.43 2 Existing Conditions $ 104,303.37 3 Concrete $ 1,346,426.12 4 Masonry INCLUDED ABOVE 5 Metals $ 1,915,887.50 6 Wood, Plastics and Composities $ 9,270.10 7 Thermal and Moisture Protection $ 488,477.67 8 Openings $ 458,876.83 9 Finishes $ 1,246,763.71 10 Specialties $ 76,750.37 11 Equipment $ 111,806.50 12 Furnishings $ 27,912.08 21 Fire Supression $ 76,252.26 22 Plumbing $ 110,531.06 23 HVAC $ 678,300.31 26 Electrical $ 551,975.17 27 Communications $ 66,917.59 28 Electronic Safety and Security $ 34,956.50 31 Earthwork $ 319,326.15 32 Exterior Improvements $ 598,820.47 33 Utilities $ 258,234.13 Sub- Total $ 9,358,735.32 AIt1 (ADD) Furnish all labor, materials and equipment to complete the Telescoping Bleachers for the gymnasium courts as indicated on the Drawings, Specifications and in the bid documents $ 166,875.00 AIt2 (ADD) In lieu of disassembling and discarding the Gazebo, furnish all labor, materials and equipment to disassemble, move and re - assemble the Existing Gazebo at a location within the park boundaries to be determined. $ 20,468.75 A Bidder Lump Sum Bid Amount $ 9,546,079.07 B Owner's Dedicated Contingency/Allowance (10%) $ 954,607.91 C Allowance for WASD Verification Fee $ 25,428.89 D Permit Fees & Other Reimbursables $ 80,000.00 Grand Total Project Amount (A+B+C+D) $ 10,606,115.87 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 City of Miami Legislation Resolution Enactment Number: R-26-0146 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 18970 Final Action Date:4/9/2026 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-117 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), REPLACING ATTACHMENT "A" TO SECTION 18-117 OF THE CITY CODE, WHICH IDENTIFIES CERTAIN CAPITAL CONSTRUCTION PROJECTS SUBJECT TO THE CITY'S ECONOMIC STIMULUS AWARDS AND AGREEMENTS PROCESS, WITH THE REVISED ATTACHMENT "A" ATTACHED AND INCORPORATED HERETO; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 18-117 of the Code of the City of Miami, Florida, as amended ("City Code"), titled "Economic Stimulus Awards and Agreements," establishes an expedited process for certain capital construction projects identified in Attachment "A" thereto for the express purpose of stimulating the local economy; and WHEREAS, Section 18-117 further provides that Attachment "A" may be amended from time to time by City Commission resolution and that the City Commission may, from time to time, add or delete projects from the list of economic stimulus projects to which Section 18-117 applies; and WHEREAS, the City desires to update the list of qualifying capital construction projects by replacing the existing Attachment "A" with the revised Attachment "A" attached and incorporated into this Resolution; and WHEREAS, upon adoption of this Resolution, the revised Attachment "A" shall constitute the operative list of projects subject to Section 18-117 of the City Code unless and until further amended by resolution of the City Commission; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Pursuant to Section 18-117 of the City Code, the City Commission hereby replaces the existing Attachment "A" to Section 18-117 with the revised Attachment "A" attached and incorporated hereto. Section 3. The revised Attachment "A" approved by this Resolution shall supersede and replace all prior versions of Attachment "A" to Section 18-117 of the City Code. Section 4. This Resolution shall become effective immediately upon its adoption. Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 APPROVED AS TO FORM AND CORRECTNESS: Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 CAPITAL IMPROVEMENTS PROJECTS REVISED EXPEDITED LIST ATTACHMENT A - 04/09/2026 REVISED_FINAL_v2 B Number Project Name Project Owner Current Estimated Total Project Cost Current Phase District 40-B30688 Marine Stadium Restoration DREAM $68,000,000.00 04-Dry Run/Permit Citywide 40-B40571 Virrick Park New Pool Facility Parks $13,211,530.00 07-Construction 2 40-B193602 Brickell Key Bridge RPW $6,246,391.00 07-Construction 2 40-B173619 SW 15 Road from SW 3 Avenue and SW 11 Street RPW $6,261,725.00 03-Design 3 40-B30874 Brickell Avenue from SE 15 Road to SE 8 Street RPW $2,097,247.00 08-Final Completion 2 40-B50906 NE 3 Avenue from NE 54 Street to NE 58 Terrace RPW $3,259,046.00 03-Design 5 40-B193511 and 40- B193511A Curtis Park Community Center Design and Construction Parks $15,365,718.00 07-Construction 1 40-B193512 and 40- B193512A Armbrister Park Community Center Design and Construction Parks $12,129,000.00 06-Pre-Construction 2 40-B193513 Moore Park Gym Design and Construction Parks $16,357,564.00 05-Bidding 5 40-B193517 New Woodside Park at 3699/3701 SW 1st AVE Parks $7,449,955.00 07-Construction 3 40-B40566 Spring Garden Point Park Parks $1,954,059.27 03-Design 5 40-B40581 Douglas Park Community Center Parks $15,572,411.00 04-Dry Run/Permit 4 40-B193207 Fire Facilities Resiliency Project (FS10) - Design Public Safety $15,465,000.00 04-Dry Run/Permit Citywide 40-B183603 Miami River Greenway Curtis Park East RPW $5,853,553.00 05-Bidding 1 40-B183611 NW 17th Street from NW 27th AVE to NW 32nd AVE - Road & Drainage Construction RPW $7,856,143.00 03-Design 1 40-B193802 Brickell Bay Drive Seawall, Drainage and Road Improvements RPW $32,261,008.00 07-Construction 2 40-B30606 Flagler Street Beautification OCI $33,104,407.00 07-Construction Citywide 40-B30737 South Bayshore Lane/Fairview Street - East and West RPW $12,420,228.00 05-Bidding 2 40-B193522A Dog Run Park Parks $925,877.00 03-Design 4 40-B233506 Fairlawn Community Park Parks $1,150,000.00 07-Construction 4 40-B233507 Shenandoah Playground Replacement Parks $900,000.00 08-Final Completion 2 40-B233513 Grapeland Heights Park and Baseball Park Parks $2,611,514.00 07-Construction 1 40-B233523 Bayfront Park Fountain Parks $2,833,760.00 01-Planning 2 40-B223801 East Flagami Flood Mitigation RPW $80,137,359.00 05-Bidding 4 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 Clear Form CITY OF MIAMI Vendor Responsibility Checklist Name of Firm: John Bell Construction, Inc. Use the "Upload" button to attach PDF documentation for each section. To delete attachment(s), use the appropriate "Delete" button to the right and then use the "Clear" button for the corresponding attachment box to clear that field. View All Attachments Delete Last Delete All CATEGORY RESPONSE City Vendor Registration Affirmation YES iSupplier Number: 42539 State of Florida Corporation (Sunbiz) YES D&B Pacer N/A N/A Bid/Proposal Bond BID BON I Upload Clear Upload Clear Upload • Clear Upload Clear Sunbiz John Bell Construction, Inc..pdf Bid Bond.pdf Use the "Upload" button to attach PDF documentation for each section. To delete attachment(s), use the appropriate "Delete" button to the right and then use the "Clear" button for the corresponding attachment section to clear that field. Delete Last Delete All PERFORMANCE/REFERENCE CHECKS I ATTACHMENTS System of Award Managment (SAM) NO Convicted Vendor List NO Debarred Contractors NO Suspended Contractors NO Suspended Vendors -State: NO Scrutinized Companies List: NO Google Search: YES Upload SAM.pd Clear Upload Clear Upload Clear Upload Clear Upload Clear Upload Clear Upload Clear Convict ,dor List_ Vendor Registra...pdf Debarred Contractor List, May 2025.pdf Miami -Dade County - Building and neighborhood Compliance Offic Suspended Vendor List _ Vendor Registra...pdf 2026_06_09_web_update_pfia prohibited_Iist.pdf john bell construction - Google Search.pdf Links Verified: 9/30/2025 Hansen Anthony M , Digitally signed by Hansen, Anthony M. Date: 2026.08.03 12:25:26 -04'00' Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 / A� o® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 08/21 /2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER GGA Insurance & Bonds 10689 N. Kendall Drive Suite 208 Miami FL 33176 CONTACT Benny Cabrera NAME: PHONE o, Ext): (305) 630-4777 FAX No): (305) 279-3022 E-MAIL bcabrera@ggaig.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: FCCI Insurance Company 10178 INSURED JOHN BELL CONSTRUCTION, INC. 4000 SW 60TH COURT Miami FL 33155 INSURER B : Infinity Assurance Insurance Company 39497 INSURER C: Underwriters at Lloyd's N/A INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: CL2651926188 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE IANSD DDL UBR SWVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MMIDD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y GL100101507 �� /� (�//� 05/20/2026 /�,.,. 05/20/2027 EACH OCCURRENCE 1,000,000 $DAMAGE CLAIMS -MADE X OCCUR TO RETED PREMISES (Ea occurrence) $ 100,000 X XCU MED EXP (Any one person) $ 5,000 X PD Deductible: $2,000 PERSONAL&ADV INJURY $ 1,000,000 GENII AGGREGATE X LIMIT APPLIES PRO- JECT PER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE X X - LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON -OWNED AUTOS ONLY Y ��...,,//�� 500160557> 11" r",6 �, 05/20/2026 05/20/2027 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ PIP-Basic $ 10,000 A X UMBRELLA LIAR EXCESS LIAB X OCCUR CLAIMS -MADE YD010150� _ '0.)5 �/ 05/20/2026 05/20/2027 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N Y N /A ` Y WC0100092637 05/20/2026 05/20/2027 ..../ . s PER STATUTE OTH- ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ C Contractor's Pollution Liability Y CPLI01104001 10/10/2025 10/10/2026 Each Claim Limit Aggregate Limit Deductible $2,000,000 $2,000,000 $10,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) [Job #: 40-B193513 Job Type: Moore Park Gymnasium-D5] City of Miami is Additional Insured with respects to General Liability and Auto Liability on a Primary and Non -Contributory basis. Coverage is afforded for Contingent and Contractual Liability and XCU Hazards. Umbrella is Follow Form. CERTIFICATE HOLDER CANCELLATION I City of Miami 444 SW 2nd Ave 8th Floor Miami, FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 FIRST CHOICE CONTRACTORS LIABILITY ENDORSEMENT TABLE OF CONTENTS DESCRIPTION PAGE Additional Insured Coverage 9 Bail Bonds 9 Blanket Waiver of Subrogation 14 Bodily Injury and Property Damage 1 Care, Custody or Control 3 Contractors Errors and Omissions 0 6 Contractual Liability (Personal & Advertising Injury) 2 2 Electronic Data Liability nn," 1 General Liability Conditions `Gl 13 Incidental Malpractice 9 Insured 9 Limited Product Withdrawal Expense 3 3 Limits of Insurance v 11 Loss of Earnings 9 xNQ 8 Newly Formed or Acquired Organization' ..,r 4� 11 Non -Owned Watercraft 1 Property Damage Liability — BorroweEquipment 1 Tenant's Property and Premi ented To You 8 Voluntary Property Damag. 2 Lost Key Coverage Insured Copy Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FIRST CHOICE CONTRACTORS LIABILITY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM NOTE: The following are additions, replacements and amendments to the Commercial General Liability Coverage Form, and will apply unless excluded by separate endorsement(s) to the Commercial General Liability Coverage Form. The COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended as follows: AL SECTION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE is amended as follows: 1. Extended "Property Damage" Exclusion 2.a., Expected or Intended Injury, is replaced with t Ilowing: a. "Bodily injury" or "property damage" expected or intend rom the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 2. Non -owned Watercraft o `,9, Exclusion 2.g. (2) (a) is replaced with the folloriOng: ' V (a) Less than 51 feet long; and 3. Property Damage Liability — Borrr wed Eq The following is added to Exclusien`Q.j. (40/' Paragraph (4) of this exclusion does noly to "property damage" to borrowed equipment while at a jobsite and not being use tip ?ierform operations. The most we will pay for "property damage" to any one borrowed equipment it der this coverage is $25,000 per "occurrence". The insurance afforded under this provision is exc ver any other valid and collectible property insurance (including deductible) available to the ins whether primary, excess, contingent or on any other basis. 4. Limited Electronic Data Liability Exclusion 2.p. is replaced with the following: p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property. The most we will pay under Coverage A for "property damage" because of all loss of "electronic data" arising out of any one "occurrence" is $10,000. We have no duty to investigate or defend claims or "suits" covered by this Limited Electronic Data Liability coverage. The following definition is added to SECTION V — DEFINITIONS of the Coverage Form: "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. CGL 088 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Copyright 2015 FCCI Insurance Group Insured Copy Page 1 of 14 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) For purposes of this Limited Electronic Data Liability coverage, the definition of "Property Damage" in SECTION V — DEFINITIONS of the Coverage Form is replaced by the following: 17. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it; c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such loss of "electronic data" shall be deemed to occur at the time of the "occurrence" that caused it. For purposes of this insurance, "electronic data" is not tangible property. SECTION I — COVERAGES, COVERAGE B. PERSONAL AND ADVERTISING'N..'URY LIABILITY is amended as follows: Paragraph 2.e. Exclusions — the Contractual Liability Exclusion is deleted SECTION I — COVERAGES, the following coverages are added: COVERAGE D. VOLUNTARY PROPERTY DAMAGE 1. Insuring Agreement We will pay, at your request, for "property damage{' used "occurrence", to property of others caused by you, or while in your possession, i,�ut of �business operations. The amount we will pay for damages is described in SECTION `, S OnNS JRANCE. 2. Exclusions This insurance does not apply to: ( D "Property Damage" to: � a. Property at premises owne�d, rente ed or occupied by you; b. Property while in trani'! c. Property owned by r 99rlted to, leased to, loaned to, borrowed by, or used by you; d. Premises you sel', give away, or abandon, if the "property damage" arises out of any part of those premises; e. Property caused by or arising out of the "products -completed operations hazard"; f. Motor vehicles; g. "Your product" arising out of it or any part of it; or h. "Your work" arising out of it or any part of it. 3. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $250. We will then pay the amount of loss in excess of $250 up to the applicable limit of insurance. 4. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. CGL 088 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Copyright 2015 FCCI Insurance Group Insured Copy Page 2 of 14 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) The insurance afforded under COVERAGE D is excess over any other valid and collectible property or inland marine insurance (including the deductible applicable to the property or inland marine coverage) available to you whether primary, excess, contingent or any other basis. Coverage D covers unintentional damage or destruction, but does not cover disappearance, theft, or loss of use. The insurance under COVERAGE D does not apply if a loss is paid under COVERAGE E. COVERAGE E. CARE, CUSTODY OR CONTROL 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of "property damage" caused by an "occurrence", to property of others while in your care, custody, or control or property of others as to which you are exercising physical control if the "property damage" arises out of your business operations. The amount we will pay for damages is describin SECTION III LIMITS OF INSURANCE. 2. Exclusions This insurance does not apply to: "Property Damage" to: a. Property at premises owned, rented, leased or occu'by you; b. Property while in transit; „\ c. Premises you sell, give away, or abandon, i#�"p premises; d. Property caused by or arising out ofi e. Motor vehicles; f. "Your product" arising out of ny part of or g. "Your work" arising out of4 a rrt of it. 3. Deductible We will not pay for to the amount of loswin 4. Cost Factor amage" arises out of any part of those "produc3-1 npleted operations hazard"; any one "occurrence" until the amount of loss exceeds $250. We will then pay cess of $250 up to the applicable limit of insurance. In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance afforded under COVERAGE E is excess over any other valid and collectible property or inland marine insurance (including the deductible applicable to the property or inland marine coverage) available to you whether primary, excess, contingent or any other basis. The insurance under COVERAGE E does not apply if a loss is paid under COVERAGE D. COVERAGE F. LIMITED PRODUCT WITHDRAWAL EXPENSE 1. Insuring Agreement a. If you are a "seller", we will reimburse you for "product withdrawal expenses" associated with "your product" incurred because of a "product withdrawal" to which this insurance applies. The amount of such reimbursement is limited as described in SECTION III - LIMITS OF INSURANCE. No other obligation or liability to pay sums or perform acts or services is covered. CGL 088 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Copyright 2015 FCCI Insurance Group Insured Copy Page 3 of 14 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) a. This insurance applies to a "product withdrawal" only if the "product withdrawal" is initiated in the "coverage territory" during the policy period because: (1) You determine that the "product withdrawal" is necessary; or (2) An authorized government entity has ordered you to conduct a "product withdrawal". c. We will reimburse only those "product withdrawal expenses" which are incurred and reported to us within one year of the date the "product withdrawal" was initiated. d. The initiation of a "product withdrawal" will be deemed to have been made only at the earliest of the following times: (1) When you have announced, in any manner, to the general public, your vendors or to your employees (other than those employees directly involved in making the determination) your decision to conduct a "product withdrawal" This applies regardless of whether the determination to conduct a "product withdrawal" is made by you or is requested by a third party; (2) When you received, either orally or in writing, notification of an order from an authorized government entity to conduct a "product withdrawal; or (3) When a third party has initiated a "product withdrawal" you communicate agreement with the "product withdrawal", or you announce to the gener I' . Iic, your vendors or to your employees (other than those employees directly involved in mals the determination) your decision to participate in the "product withdrawal", whicheve- comes first. e. "Product withdrawal expenses" incurred to withera.�' "your products" which contain: (1) The same "defect" will be deemed to ve arisen Dutf the same "product withdrawal"; or K0 (2) A different "defect" will be deemed ve a ut of a separate "product withdrawal" if newly determined or ordered in accordance withparph 1.b of this coverage. 2. Exclusions sotv 40 This insurance does not apply touct ytlydrwwal" expenses" arising out of: a. Any "product withdrawal" initied due to. (1) The failure of "yolk F6ducts" to accomplish their intended purpose, including any breach of warranty of fitness, whether written or implied. This exclusion does not apply if such failure has caused orlsaonably expected to cause "bodily injury" or physical damage to tangible property. (2) Copyright, patent, trade secret or trademark infringements; (3) Transformation of a chemical nature, deterioration or decomposition of "your product", except if it is caused by: (a) An error in manufacturing, design, processing or transportation of "your product"; or (b) "Product tampering". (4) Expiration of the designated shelf life of "your product". b. A "product withdrawal", initiated because of a "defect" in "your product" known to exist by the Named Insured or the Named Insured's "executive officers", prior to the inception date of this Coverage Part or prior to the time "your product" leaves your control or possession. c. Recall of any specific products for which "bodily injury" or "property damage" is excluded under Coverage A - Bodily Injury And Property Damage Liability by endorsement. d. Recall of "your products" which have been banned from the market by an authorized government entity prior to the policy period. e. The defense of a claim or "suit" against you for "product withdrawal expenses". CGL 088 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Copyright 2015 FCCI Insurance Group Insured Copy Page 4 of 14 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) 3. For the purposes of the insurance afforded under COVERAGE F, the following is added to 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit Condition under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: e. Duties In The Event Of A "Defect" Or A "Product Withdrawal" (1) You must see to it that we are notified as soon as practicable of any actual, suspected or threatened "defect" in "your products", or any governmental investigation, that may result in a "product withdrawal". To the extent possible, notice should include: (a) How, when and where the "defect" was discovered; (b) The names and addresses of any injured persons and witnesses; and (c) The nature, location and circumstances of any injury or damage arising out of use or consumption of "your product". (2) If a "product withdrawal" is initiated, you must: (a) Immediately record the specifics of the "product withdrawal" and the date it was initiated; (b) Send us written notice of the "product withdrawal" ash� ., h as practicable; and (c) Not release, consign, ship or distribute by any othhethod, any product, or like or similar products, with an actual, suspected or threated defect. You and any other involved insured must:" (a) Immediately send us copies of pertine or3es nce received in connection with the "product withdrawal"; A �� id (b) Authorize us to obtain records and otheration; and (c) Cooperate with us in our10„)1rgatio"product withdrawal". 4. For the purposes of this Coverage tt-trifollo definitions are added to the Definitions Section: a. "Defect" means a defect, defile cy oequacy that creates a dangerous condition. b. "Product tampering" is n act of inte'tional alteration of "your product" which may cause or has caused "bodily injury"``ysical injury to tangible property. When "product to ing" is known, suspected or threatened, a "product withdrawal" will not be limited to thos hes of "your product" which are known or suspected to have been tampered with. c. "Product withd awal" means the recall or withdrawal of "your products", or products which contain "your products", from the market or from use, by any other person or organization, because of a known or suspected "defect" in "your product", or a known or suspected "product tampering", which has caused or is reasonably expected to cause "bodily injury" or physical injury to tangible property. d. "Product withdrawal expenses" means those reasonable and necessary extra expenses, listed below paid and directly related to a "product withdrawal": (1) Costs of notification; (2) Costs of stationery, envelopes, production of announcements and postage or facsimiles; (3) Costs of overtime paid to your regular non -salaried employees and costs incurred by your employees, including costs of transportation and accommodations; (4) Costs of computer time; (5) Costs of hiring independent contractors and other temporary employees; (6) Costs of transportation, shipping or packaging; (7) Costs of warehouse or storage space; or (3) CGL 088 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Copyright 2015 FCCI Insurance Group Insured Copy Page 5 of 14 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) (8) Costs of proper disposal of "your products", or products that contain "your products", that cannot be reused, not exceeding your purchase price or your cost to produce the products; but "product withdrawal expenses" does not include costs of the replacement, repair or redesign of "your product", or the costs of regaining your market share, goodwill, revenue or profit. e. "Seller" means a person or organization that manufactures, sells or distributes goods or products. "Seller" does not include a "contractor" as defined elsewhere in this endorsement. The insurance under COVERAGE F does not apply if a loss is paid under COVERAGE G. COVERAGE G. CONTRACTORS ERRORS AND OMISSIONS 1. Insuring Agreement If you are a "contractor", we will pay those sums that you become legally obligated to pay as damages because of "property damage" to "your product", "your work" or "impaired property", due to faulty workmanship, material or design, or products including consequential losF, to which this insurance applies. The damages must have resulted from your negligent act, erro c' emission while acting in your business capacity as a contractor or subcontractor or from a defect in r azerial or a product sold or installed by you while acting in this capacity. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. We have no duty to investigate or defend claims or "suits" coveued by this Contractors Errors or Omissions coverage. This coverage applies only if the "property damage" occurs in the "coverage territory" during the policy period. s 2. Exclusions � � This coverage does not apply to additional iiuu ; if ri Supplementary Payments — Coverage A a d No n pTy to Coverage G. Contractors Errors and Omissions. This insurance does not apply tom (}�� a. "Bodily injury" or "personal and adving injury". b. Liability or penaltie Aping from a delay or failure to complete a contract or project, or to complete a contract or projectime. c. Liability becaus€ of an error or omission: (1) In the preparation of estimates or job costs; (2) Where cost estimates are exceeded; (3) In the preparation of estimates of profit or return on capital; (4) In advising or failure to advise on financing of the work or project; or (5) In advising or failing to advise on any legal work, title checks, form of insurance or suretyship. d. Any liability which arises out of any actual or alleged infringement of copyright or trademark or trade dress or patent, unfair competition or piracy, or theft or wrongful taking of concepts or intellectual property. e. Any liability for damages: (1) From the intentional dishonest, fraudulent, malicious or criminal acts of the Named Insured, or by any partner, member of a limited liability company, or executive officer, or at the direction of any of them; or (2) Which is in fact expected or intended by the insured, even if the injury or damage is of a different degree or type than actually expected or intended. CGL 088 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Copyright 2015 FCCI Insurance Group Insured Copy Page 6 of 14 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) f. Any liability arising out of manufacturer's warranties or guarantees whether express or implied. g. Any liability arising from "property damage" to property owned by, rented or leased to the insured. h. Any liability incurred or "property damage" which occurs, in whole or in part, before you have completed "your work." "Your work" will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract or work order has been completed; (2) When all the work to be done at the job site has been completed if your contract calls for work at more than one job site; or (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service or maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as complete. i. Any liability arising from "property damage" to products that are stil ur physical possession. j. Any liability arising out of the rendering of or failure to render an sfessional services by you or on your behalf, but only with respect to either or both of the follo k • operations: k. (1) (2) Professional services include the preparing, drawings, opinions, reports, surveys, fieI9 o Professional services also include superVisd architectural or engineering activities. But, professional services do not it se sequences and procedures employ i by Providing engineering, architectural or surveying seL to others; and Providing or hiring independent professionals to provide engineering, architectural or surveying services in connection with construction work ou ,,,Ni erform. g o ing to prepare or approve, maps, shop , cha gllrders, or drawings and specifications. ion activities performed as part of any related (within construction means, methods, techniques, connection with construction work you perform. Your loss of profit or expected profit ary liability arising therefrom. "Property damage" to pr y otherthan "your product," "your work" or "impaired property." m. Any liability arising from claims or "suits" where the right of action against the insured has been relinquished or waived. n. Any liability for perty damage" to "your work" if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. o. Any liability arising from the substitution of a material or product for one specified on blueprints, work orders, contracts or engineering specifications unless there has been written authorization, or unless the blueprints, work orders, contracts or engineering specifications were written by you, and you have authorized the changes. p. Liability of others assumed by the insured under any contract or agreement, whether oral or in writing. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. 3. For the purposes of Coverage G, the following definition is added to the Definitions section: a. "Contractor" means a person or organization engaged in activities of building, clearing, filing, excavating or improvement in the size, use or appearance of any structure or land. "Contractor" does not include a "seller" as defined elsewhere in this endorsement. 4. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $250. The limits of insurance will not be reduced by the application of the deductible amount. CGL 088 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Copyright 2015 FCCI Insurance Group Insured Copy Page 7 of 14 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit", and upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 5. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance under COVERAGE G does not apply if a loss is paid under COVERAGE F. COVERAGE H. LOST KEY COVERAGE 1. Insuring Agreement We will pay those sums, subject to the limits of liability described in SECTION III LIMITS OF INSURANCE in this endorsement and the deductible shown below, that you becomely obligated to pay as damages caused by an "occurrence" and due to the loss or mysteriou ppearance of keys entrusted to or in the care, custody or control of you or your "employees" or argibee acting on your behalf. The damages covered by this endorsement are limited to the: a. Actual cost of the keys; b. Cost to adjust locks to accept new keys; or .� c. Cost of new locks, if required, including the cost nstall�n. ,-��•\n �G.J 1,® 2. Exclusions This insurance does not apply to: a. Keys owned by any insured, employees of any inks %red, or anyone acting on behalf of any insured; b. Any resulting loss of use; or °' c. Any of the following acts by sur9tt",rriployees of any insured, or anyone acting on behalf of any insured: � O 1) Misappropriation;,' 2) Concealment. i 3) Conversio 4) Fraud; or 5) Dishonesty. 3. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $1,000. The limits of insurance will not be reduced by the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. EXPANDED COVERAGE FOR TENANT'S PROPERTY AND PREMISES RENTED TO YOU The first paragraph after subparagraph (6) in Exclusion j., Damage to Property is amended to read as follows: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. CGL 088 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Copyright 2015 FCCI Insurance Group Insured Copy Page 8 of 14 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) SECTION I - COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGE A and B is amended as follows: All references to SUPPLEMENTARY PAYMENTS — COVERAGES A and B are amended to SUPPLEMENTARY PAYMENTS — COVERAGES A, B, D, E, G, and H. 1. Cost of Bail Bonds Paragraph 1.b. is replaced with the following: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Loss of Earnings Paragraph 1.d. is replaced with the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. SECTION II — WHO IS AN INSURED is amended as follows: 1. Incidental Malpractice Paragraph 2.a.(1)(d) is replaced with the following: (d) Arising out of his or her providing or failing to provide proressional health care services. However, this exclusion does not apply to a nurse, emergency medical technician or paramedic employed by you to provide medical services, unless: (i) You are engaged in the occupation or busing provi or offering medical, surgical, dental, x-ray or nursing services, treatment, advice o (ii) The "employee" has another insuranc thafwoultl I 'cover claims arising under this provision, whether the other insurance is pr xces� 0t ingent or on any other basis. 2. Broadened Who Is An Insured The following are added to Paragr Subsidiaries e. Your subsidiaries if: (1) They are leg porated entities; and (2) You own mor than 50% of the voting stock in such subsidiaries as of the effective date of this policy. If such subsidiaries are not shown in the Declarations, you must report them to us within 180 days of the inception of your original policy. Additional Insureds f. Any person or organization described in paragraphs g. through k. below whom you are required to add as an additional insured on this policy under a written contract or agreement in effect during the term of this policy, provided the written contract or agreement was executed prior to the "bodily injury", "property damage" or "personal and advertising injury" for which the additional insured seeks coverage. However, the insurance afforded to such additional insured(s): (1) Only applies to the extent permitted by law; (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; (3) Will not be broader than that which is afforded to you under this policy; (4) Is subject to the conditions described in paragraphs g. through k. below; and (5) Nothing herein shall extend the term of this policy. CGL 088 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Copyright 2015 FCCI Insurance Group Insured Copy Page 9 of 14 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) j. g. Owner, Lessor or Manager of Premises If the additional insured is an owner, lessor or manager of premises, such person or organization shall be covered only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you and subject to the following additional exclusions: (1) Any "occurrence" that takes place after you cease to occupy those premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. h. State or Governmental Agency or Subdivision or Political Subdivision — Permits or Authorizations If the additional insured is the state or any political subdivision, the state or political subdivision shall be covered only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit or authorization. This insurance does not apply to: (1) "Bodily injury", "property damage", or "personal and advertising injrarising out of operations performed for the federal government, state or municipality; or (2) "Bodily injury" or "property damage" included within the "produc s-completed operations hazard". i. Lessor of Leased Equipment If the additional insured is a lessor of leased equipment, su lessor shall be covered only with respect to liability for "bodily injury", "property damage" or "persona advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipnt leased to you by such person(s) or organization(s). With respect to the insurance aff - th dditional insureds, this insurance does not apply to any "occurrence" which takes ply- . r the ent lease expires. Mortgagee, Assignee, or Receiver If the additional Insured is a mortgagee gne orofr elver of premises, such mortgagee, assignee or receiver of premises is an additional in iprith respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maim nce, or use of the premises by you. This insurance does not apply to structural alterdr;oiis, new construction and demolition operations performed by or for that person or organization. k. Vendor If the additional insur injury" or "property of the vendor's bu a vendor, such vendor is an additional insured only with respect to "bodily e" caused by "your products" which are distributed or sold in the regular course ness, subject to the following additional exclusions: (1) The insurance afforded to the vendor does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in absence of the contract or agreement. (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in "your product" made intentionally by the vendor; (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; CGL 088 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Copyright 2015 FCCI Insurance Group Insured Copy Page 10 of 14 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: i. The exceptions contained in Subparagraphs d. or f.; or ii. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. Newly Formed or Acquired Organizations Paragraph 3. is amended as follows: a. Coverage under this provision is afforded until the end of the policy p-iod. d. Coverage A does not apply to product recall expense arising qiut cf any withdrawal or recall that occurred before you acquired or formed the organization. SECTION III — LIMITS OF INSURANCE is amended as follows: 1. Paragraph 2. is replaced with the following: 2. The General Aggregate Limit is the most we iIOy for the Fern of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except dmag because of "bodily injury" or "property damage" included in the "products-completep33rrazard"; c. Damages under Coverage B; d. Voluntary "property damagripaymits under Coverage D; e. Care, Custody or Contramages under Coverage E.; and f. Lost Key Coverage under Coverage H. 2. Paragraph 5. is replc; d with the following: 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; b. Medical expenses under Coverage C; c. Voluntary "property damage" payments under Coverage D; d. Care, Custody or Control damages under Coverage E; e. Limited Product Withdrawal Expense under Coverage F; f. Contractors Errors and Omissions under Coverage G.; and, g. Lost Key Coverage under Coverage H. because of all "bodily injury" and "property damage" arising out of any one "occurrence". 3. Paragraph 6. is replaced with the following: 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, CGL 088 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Copyright 2015 FCCI Insurance Group Insured Copy Page 11 of 14 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) or in the case of damage by fire or explosion, while rented to you or temporarily occupied by you with permission of the owner. The Damage to Premises Rented to You Limit is the higher of the Each Occurrence Limit shown in the Declarations or the amount shown in the Declarations as Damage To Premises Rented To You Limit. 4. Paragraph 7. is replaced with the following: 7. Subject to Paragraph 5. above, the higher of $10,000 or the Medical Expense Limit shown in the Declarations is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 5. Paragraph 8. is added as follows: 8. Subject to Paragraph 5. above, the most we will pay under Coverage D. Voluntary Property Damage for loss arising out of any one "occurrence" is $1,500. The most we will pay in any one -policy period, regardless of the number of claims made or suits brought, is $3,000. 6. Paragraph 9. is added as follows: 9. Subject to Paragraph 5. above, the most we will pay under Coverage E: Care, Custody or Control for "property damage" arising out of any one "occurrence" is $1,000. 1 lie most we will pay in any one -policy period, regardless of the number of claims made or suits bro_uight, is $5,000. 7. Paragraph 10. is added as follows: 10. Subject to Paragraph 5. above, the most we will pay er Coverage F. Limited Product Withdrawal Expense for "product withdrawal expenses" in any one- olio eriod, regardless of the number of insureds, "product withdrawals" initiated or number of "yo rr ucts" withdrawn is $10,000. 8. Paragraph 11. is added as follows: 11. Subject to Paragraph 5. above, the o e will pay under Coverage G. Contractors Errors and Omissions for damage in any one -poll y period, regardless of the number of insureds, claims or "suits" brought, or persons or organizations makin• claim or bringing "suits" is $10,000. For errors in contract or job spec »ir atio s in recommendations of products or materials to be used, this policy will not pay for additior...ai posts ofpr ducts and materials to be used that would not have been incurred had the correct recommendations or specifications been made. 9. Paragraph 12. is added (lows: 12. Subject to Para ri. above, the most we will payunder Coverage Lost KeyCoverage for damages 1 9 g H., g g arising out of any cane occurrence is $50,000. 10. Paragraph 13. is added as follows: 13. The General Aggregate Limit applies separately to: a. Each of your projects away from premises owned by or rented to you; or b. Each "location" owned by or rented to you. "Location" as used in this paragraph means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 11. Paragraph 14. is added as follows: 14. With respect to the insurance afforded to any additional insured provided coverage under this endorsement: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or CGL 088 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Copyright 2015 FCCI Insurance Group Insured Copy Page 12 of 14 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. Subparagraph 2.a. of Duties In The Event Of Occurrence, Offense, Claim, or Suit is replaced with the following: a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. This requirement applies only when the "occurrence" or offense is known to the following: (1) An individual who is the sole owner; (2) A partner, if you are a partnership or joint venture; (3) An "executive officer" or insurance manager, if you are a corporati (4) A manager, if you are a limited liability company; i (5) A person or organization having proper temporary custodlfyour property if you die; (6) The legal representative of you if you die; or (7) A person (other than an "employee") or an organization while acting as your real estate manager. To the extent possible, notice should include: (1) How, when and where the "occurrence" or Ise p"ace; (2) The names and addresses of any inju- drson witnesses; and (3) The nature and location of any injur or a age arising out of the "occurrence" or offense. 2. The following is added to Subparaglr, p i 2.bb.. ofties In The Event Of Occurrence, Offense, Claim, or 0111,111.11, Suit: .a° The requirement in 2.b.applies only when tht. "occurrence" or offense is known to the following: (1) An individual who i sole owner; (2) A partner or i 1�su a manager, if you are a partnership or joint venture; (3) An "executive afficer" or insurance manager, if you are a corporation; (4) A manager or insurance manager, if you are a limited liability company; (5) Your officials, trustees, board members or insurance manager, if you are a not -for -profit organization; (6) A person or organization having proper temporary custody of your property if you die; (7) The legal representative of you if you die; or (8) A person (other than an "employee") or an organization while acting as your real estate manager. 3. The following is added to paragraph 2. of Duties in the Event of Occurrence, Offense, Claim or Suit: e. If you report an "occurrence" to your workers compensation carrier that develops into a liability claim for which coverage is provided by the Coverage Form, failure to report such an "occurrence" to us at the time of the "occurrence" shall not be deemed a violation of paragraphs a., b., and c. above. However, you shall give written notice of this "occurrence" to us as soon as you become aware that this "occurrence" may be a liability claim rather than a workers compensation claim. 4. Paragraph 6. is replaced with the following: 6. Representations CGL 088 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Copyright 2015 FCCI Insurance Group Insured Copy Page 13 of 14 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. Any error or omission in the description of, or failure to completely describe or disclose any premises, operations or products intended to be covered by the Coverage Form will not invalidate or affect coverage for those premises, operations or products, provided such error or omission or failure to completely describe or disclose premises, operations or products was not intentional. You must report such error or omission to us as soon as practicable after its discovery. However, this provision does not affect our right to collect additional premium charges or exercise our right of cancellation or nonrenewal. 5. The following is added to paragraph 8. Transfer Of Rights Of Recovery Against Others To Us: However, we waive any right of recovery we may have because of payments we make for injury or damage arising out of your ongoing operations or "your work" included in the "products -completed operations hazard" under the following conditions: a) Only when you have agreed in writing to waive such rights of recovery in a contract or agreement; b) Only as to the person/entity as to whom you are required by the contract to waive rights of recovery; and c) Only if the contract or agreement is in effect ih of this policy, and was executed by you prior to the loss. �G.J 6. Paragraph 10. is added as follows: CO 10. Liberalization If we revise this Coverage Form provide mope coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in the applicable state(s). QQ CGL 088 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Copyright 2015 FCCI Insurance Group Insured Copy Page 14 of 14 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 COMMERCIAL GENERAL LIABILITY CG20010413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement tkat this insurance would be primary sand ould not seek contribution from any other insurance available to the additonal insured. L <0 co •S`6 Q)9/ p`b;L CG20010413 © Insurance Services Office, Inc., 2012 Page 1 of 1 Insured Copy Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 LLOYD'S ADDITIONAL INSURED - BLANKET This endorsement, effective 12:01 a.m., 10/10/2024 forms a part of Policy No. CPL00697001 issued by Certain Underwriters at Lloyd's, London. THIS ENDORSEMENT CHANGES THE POLICY— PLEASE READ IT CAREFULLY In consideration of the premium charged, the insured and the Company agree to the following Policy change(s): It is hereby understood and agreed that Section III. WHO IS AN INSURED of the above referenced Policy is amended to include the following person(s) or entity(ies): Any person(s) or entity(ies) for whom you are performing operations when you and such person(s) or entity(ies) have agreed in writing in a contract or agreement that such person(s) or entity(ies) be added as an additional insured on your policy; and any other person(s) or entity(ies) you are required to add as an additional insured under such contract or agreement. Such written contract or written agreement must have been executed and in effect prior to a LOSSto which this insurance applies. But solely as respects their liability arising out of YOUR WORK performed during the policy period to which this insurance applies. The coverage provided to the additional insured(s) listed above does not apply to a CLAIM, DAMAGESor liability arising out of the sole negligence or acts, errors or omissions of the entity(ies) listed above ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED CPL AIBLKT 07 24 )UCPM Page 1 of 1 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 LLOYD'S PRIMARY AND NON-CONTRIBUTORY INSURANCE This endorsement, effective 12:01 a.m., 10/10/2024 forms a part of Policy No. CPL00697001 issued by Certain Underwriters at Lloyd's, London THIS ENDORSEMENT CHANGES THE POLICY— PLEASE READ IT CAREFULLY In consideration of the premium charged, the insured and the Company agree to the following Policy change(s): Section VII. CONDITIONS of the above policy is amended by the following addition to Paragraph M. OTHER INSURANCE: This policy shall be considered primary and non-contributing to any valid and collectible insurance available to third parties in respect to work performed for them by you under any written contractual agreement which requires that you provide primary insurance ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED CPL PNC 06 22 )UCPM Page 1 of 1 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 Certification # 995023 Expires 10/10/2026 C Certified Environmentally C Responsible Contractor Certified Contractor John Bell Construction Inc. Insurance Carrier Certain Underwriters at Lloyd's Policy # CPLI01104001 Policy Period 10/10/2025-10/10/2026 The potential risk of a pollution event is inherent in all construction work. Such an event can cause significant financial loss for project owners and other contractors at the site and can even impact the community and environment. Some contractors actively manage this risk, while others do not. Environmental Risk Professionals, LLC hereby certifies that the above referenced contractor has distributed protocols to avoid pollution incidents on job sites and has purchased a comprehensive pollution liability insurance policy to provide financial responsibility should an accident arise. Training — The above referenced contractor has distributed "Pollution Prevention Practices" designed to mitigate common environmental risks associated with their contracting operations. Examples of Lhese written protocols may include, but are not limited to, the following activities: Chemical Storage Five st Control Solid and Hazardous Waste Management e„,►• i {orm Pollution Prevention General Housekeeping I� �G.J Per otective Equipment Mold Identification and Abatement `14tWg Illicit Abandonment Responding to Spills stos and Lead Based Paint Insurance — Even when Pollution Preventi'n®Practice followed, accidents still happen. Property owners bear the ultimate responsibility for a pollution problem 7;r. h€ it site, even if caused by a contractor working on their behalf. A contractor needs to purchase a true pollution liability piicy in order to properly protect the entities for whom they perform operations. Environmental Risk Professional=, L'-C has reviewed the above referenced pollution liability policy and hereby confirms that it provides the following importarii financial responsibility provisions: 1. A policy limit of at least $1,000,000 2. Coverage is primary and non-contributory, with the certificate holders included as Additional Insureds and carrier rights to subrogation waived in their favor 3. On -site and off -site remediation expense for pollution conditions arising from contracting operations 4. No mold exclusion on policy 5. A pollution event includes damage to natural resources 6. Coverage for transportation and disposal of pollutants 7. No limitation to sudden and accidental pollution release only 4.......),,,,,, ENVIRONMENTAL RISK PROFESSIONALS ,c, `7' Signed Environmental Risk Professionals, LLC This certificate was issued on 4/16/2026 and serves as a matter of information only. The Certificate is only valid through the current policy period with an active policy. This certificate confers no rights upon the certificate holder and does not affirmatively or negatively amend, extend or alter the coverage afforded by the policy listed above. This certificate does not constitute a contract between the issuing insurer and the certificate holder. visit c-e-r-c.com to learn more Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 POLICY NUMBER: GL100101507-01 COMMERCIAL GENERAL LIABILITY CGL 084 (02 21) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU - ONGOING OPERATIONS AND PRODUCTS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE (OPTIONAL) Name of Additional Insured Persons or Organizatirns (As required by written contract or agreement per Paragraph A. below.) Locations of Covered C per Lions (As per the written contract or agreement, provided the location is within the "coverage territory") ..(` cto dha (Information required to complete this Schedule, if not ow will be shown in the Declarations.) A. SECTION II — WHO IS AN INSURED is ameennd1i to it ie as an additional insured: 1. Any person or organization for w fom you r4erforming operations when you and such person or organization have agreed in writing ill a c'D :c or agreement in effect during the term of this policy that such person or organization be added . ! dditional insured on your policy; and 2. Any other person or organizaton you are required to add as an additional insured under the contract or agreement described iagraph 1. above; and 3. The particular perm" organization, if any, scheduled above. Such person(s) or orcanization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" occurring after the execution of the contract or agreement described in Paragraph 1. above and caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured; or 3. "Your work" performed for the additional insured and included in the "products -completed operations hazard" if such coverage is specifically required in the written contract or agreement. However, the insurance afforded to such additional insured(s) described above: 1. Only applies to the extent permitted by law; 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; 3. Will not be broader than that which is afforded to you under this policy; and 4. Nothing herein shall extend the term of this policy. CGL 084 (02 21) Includes copyrighted material of the Insurance Services Offices, Inc. with its permission. Copyright 2020 FCCI Insurance Group. Insured Copy Page 1 of 2 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 POLICY NUMBER: GL100101507-01 COMMERCIAL GENERAL LIABILITY CGL 084 (02 21) B. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. C. This insurance is excess over any other valid and collectible insurance available to the additional insured whether on a primary, excess, contingent or any other basis; unless the written contract or agreement requires that this insurance be primary and non-contributory, in which case this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. D. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III — LIMITS OF INSURANCE: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1.; or 2. Available under the applicable Limits of Insurance; whichever is less. This endorsement shall not increase the applicable Limits of Ins'irnue. E. SECTION IV — COMMERCIAL GENERAL LIABILITY CONG'TIC NS is amended as follows: Paragraph 2. Duties In The Event of Occurrence, Offense, Claim Or Suit is amended to add the following additional conditions applicable to the additional insur An additional insured under this endorsement mu eso��orr s practicable: 1. Give us written notice of an "occurrence" or an off�ne which may result in a claim or "suit" under this insurance, and of any claim or "suit" that does result; 2. Send us copies of all legal papers ikeired in Jnv ction with the claim or "suit", cooperate with us in the investigation or settlement of th�f or en'e against the "suit", and otherwise comply with all policy conditions; and 3. Tender the defense and ingonrity of any cim or "suit" to any provider of other insurance which would cover the additional insured I6 loss we cover under this endorsement and agree to make available all such other insurance. Howe, this condition does not affect Paragraph C. above. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or "suit". F. This endorsement does not apply to any additional insured or project that is specifically identified in any other additional insured endorsement attached to the COMMERCIAL GENERAL LIABILITY COVERAGE FORM. CGL 084 (02 21) Includes copyrighted material of the Insurance Services Offices, Inc. with its permission. Copyright 2020 FCCI Insurance Group. Insured Copy Page 2 of 2 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 KEMPER Auto COMMERCIAL Kemper Auto Commercial 11700 Great Oaks Way, Suite 450 Alpharetta, GA 30022 Underwritten by: Infinity Assurance Insurance Company Customer Service: (800) 722-3391 BLANKET ADDITIONAL INSURED ENDORSEMENT Claims Service: (800) 353-6737 Copy To Policy Number Expiration Date John Bell Construction Inc. 4000 SW 60th Ct Miami, FL 33155 50016055703 05/20/2027 12:01 a.m. Named Insured John Bell Construction Inc. This endorsement is attoc,iec to and forms a part of the policy. No changes will be effective prior to the time changes are requested. This endorsement amends the policy as followsPlrase read it carefully. 1. The definition of "Insured" is amended to include as an insured any person or organization which you are obligated by virtue of a written contract or agreement to add as an additional insured. Such person or organization is an additional insured only with respect to liability arising out of youu ngoing operations performed for that additional insured. There is no coverage for acts or omissions of any a i anal insured, their agent(s), or their employee(s). A person's or organization's status as an additip0441 insured .,,Jettzl endorsement ends when your operations for that additional insured are completed. 0 2. The additional insured(s) shall not increase ou\limits f liability. 3. We will pay damages only if such damages rise 9 acts or omissions of: a. You; or 01e/ b. Any other insured except ar,dditionnsured added under the terms of this endorsement. We will not pay damages when the damages are caus solely by a person or organization added as an additional insured under the terms of this ement, their agent(s), or their employee(s). All other terms, limits and conditions of this policy remain unchanged. 509BAE01 AMEND DATE : 05/20/2026 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 From: Quevedo, Terry To: Caseres, Luis; Gomez Jr., Francisco (Frank); Aviles, Yesenia Subject: RE: ITB 25-26-016 Construction Contract Date: Monday, August 24, 2026 10:24:53 AM Attachments: image003.pna image005.pnq image018.pnq image020.pna image021.pnq image024.pnq Hit Luis The COI is adequate. Regards, eyiy r 'aet'ec7c. City of Miami Risk Management Department 9th Floor 444 SW 2nd Avenue Miami, Florida 33130 (305) 416-1641 Office (305) 416-1710 Fax Tquevedo@miamigov.com `.S'era,4y, ge arac ef, awd 77aweilemrdef awe From: Caseres, Luis <Lcaseres@miamigov.com> Sent: Monday, August 24, 2026 10:17 AM To: Quevedo, Terry <TQuevedo@miamigov.com>; Gomez Jr., Francisco (Frank) <FGomez@miamigov.com>; Aviles, Yesenia <YAviles@miamigov.com> Subject: FW: ITB 25-26-016 Construction Contract Hi Terry, Attached is COI with change you requested. Best regards, Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 Lud4(Cave.( Construction Procurement Assistant City of Miami Department of Procurement 444 SW 2nd Avenue, 6th Floor, Miami, FL 33130 w (305) 416-1923 (305) 400-5335 ELcaseres@miamigov.com Visit us online "Serving, Enhancing, and Transforming our Community" CONFIDENTIAL COMMUNICATION The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution, or duplication of this communication is strictly prohibited. If you are not the intended recipient, please immediately contact the sender by reply e-mail and destroy all copies of the original message. Thank you. "Please Note: Due to Florida's very broad public records law, most written comm Mons to or from City of Miami employees regarding City business are public records, available to the publ d edia request. Therefore, this e-mail communication may be subject to public disclosure If es r‘ you're not alreadya Vendor, clrik on the QR Code to register as a new vendor for the City of From: Caseres, Luis Sent: Friday, August 21, 2026 4:08 PM To: Quevedo, Terry <TQuevedoPmiamigov.com> Subject: FW: ITB 25-26-016 Construction Contract Hi Terry, Attached is COI with change you requested. Best regards, Ludes Ca e ( Construction Procurement Assistant City of Miami Department of Procurement 444 SW 2nd Avenue, 6th Floor, Miami, FL 33130 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 V/ I It LI. 1Y1 Detail by Entity Name DIVISION OF CORPORATIONS JSvi iJ: of. amorg ? PJi) -`,fri011.� rrrr official 5ta19 of Florida weir.ite Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation JOHN BELL CONSTRUCTION, INC. Filing Information Document Number P16000016299 FEI/EIN Number 81-1551021 Date Filed 02/18/2016 Effective Date 02/18/2016 State FL Status ACTIVE Principal Address 4000 SW 60th Ct Miami, FL 33155 Changed: 03/02/2026 Mailing Address 4000 SW 60th Ct Miami, FL 33155 Changed: 03/02/2026 Registered Agent Name & Address The Barthet Firm 200 S. Biscayne Blvd Suite 1650 MIAMI, FL 33131 Name Changed: 04/21/2021 Address Changed: 04/21/2021 Officer/Director Detail Name & Address Title P MOREJON, OSCAR 5740 SW 39 ST MIAMI, FL 33155 https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=JOH N BEL.. 1/2 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 Title VP Detail by Entity Name Faz, Albert L 4000 SW 60th Ct Miami, FL 33155 Annual Reports Report Year Filed Date 2024 04/01/2024 2025 04/28/2025 2026 03/02/2026 Document Images 03/02/2026 --ANNUAL REPORT 04/28/2025 --ANNUAL REPORT 04/01/2024 --ANNUAL REPORT 04/26/2023 --ANNUAL REPORT 04/27/2022 --ANNUAL REPORT 04/21/2021 --ANNUAL REPORT 01/21/2020 --ANNUAL REPORT 04/04/2019 --ANNUAL REPORT 04/27/2018 --ANNUAL REPORT 05/09/2017 --ANNUAL REPORT 02/18/2016 -- Domestic Profit View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Florida Department of State, Division of Corporations https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=JOH N BEL... 2/2 Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 ACo D EVIDENCE OF PROPERTY INSURANCE DATE (MM/DD/YYYY) 09/08/2026 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. AGENCY GGA Insurance & Bonds 10689 N. Kendall Drive Suite 208 Miami PHONE (305) 630-4777 (A/C, No, Ext): FL 33176 FAX, No): (305) 279-3022 CODE: E-MAIL bcabrera@ggaig.com ADDRESS: SUB CODE: AGENCY 00006561 CUSTOMER ID #: COMPANY American Zurich Insurance Company P.O. Box 10197 Jacksonville FL 32247-0197 INSURED JOHN BELL CONSTRUCTION, INC. 4000 SW 60TH COURT Miami FL 33155 LOAN NUMBER POLICY NUMBER WIP25595811 EFFECTIVE DATE 09/14/2026 EXPIRATION DATE 05/14/2028 CONTINUED UNTIL TERMINATED IF CHECKED THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION • LOCATION/DESCRIPTION 765 NW 36th Street Miami, FL 33127 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COVERAGE INFORMATION PERILS INSURED BASIC BROAD IX SPECIAL IX� ReolacementCost COVERAGE / PERILS / FORMS AMOUNT OF INSURANCE DEDUCTIBLE Coverage Limit at the Project Site For All Covered PropertyXNIQ Windstorm & Hail Property While in Transit Property at Temporary Location Ordinance or Law - Undamaged Portion 'A' Ordinance or Law - Demolition 'B' Ordinance or Law - Increased Cost 'C' 9 JQ' [� O O c ‘ � \ V $10,606,116 $10,606,116 $10,606,116 $525,000 $525,000 $10,616,116 $1,000,000 $1,000,000 $25,000 $25,000 5% - $100K Min. $25,000 $25,000 Included Included Included REMARKS (Including Special Conditions) Construction of One story Masonry non-combustible gymnasium and minor structural renovations to existing community center at Moore Park. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST NAME AND ADDRESS City of Miami 444 SW 2nd Ave, 8th Floor Miami FL 33130 ADDITIONAL INSURED MORTGAGEE LENDER'S LOSS PAYABLE IXI LOSS PAYEE X Municipality LOAN # AUTHORIZED REPRESENTATIVE ,. ACORD 27 (2016/03) © 1993-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: 17BAADE1-9E88-81AD-8158-748D21 B2C799 From: Ouevedo, Terry To: Maria Herrera; Caseres, Luis; Oscar Moreion Cc: Hansen, Anthony; Albert Faz; Jazz Machin; Jav Castellanos; Guillermo Mentucci; Brent Tyler Alemanv; Gomez Jr.. Francisco (Frank) Subject: RE: ITB 25-26-016 Construction Contract Date: Friday, September 11, 2026 9:27:17 AM Attachments: image001.pnq image002.pnq image003.pnq image004.pnq image005.pnq image007.pnq image009.pnq Good Morning all The property insurance certificate is acceptable to Risk, Regards, City of Miami Risk Management Department 9th Floor 444 SW 2nd Avenue Miami, Florida 33130 (305) 416-1641 Office (305) 416-1710 Fax TquevedoOmiamigov.com Sew64, S r4y&o19, id 7zaarOnsxur9 ata eamoutrey From: Maria Herrera<marial@johnbellconstruction.com> Sent: Friday, September 11, 2026 7:18 AM To: Caseres, Luis <Lcaseres( miamigov.com>; Oscar Morejon <oscarl@johnbellconstruction.com> Cc: Hansen, Anthony <AMHansen( miamigov.com>; Albert Faz <Albert(@johnbellconstruction.com>; 0 docusign.. Certificate Of Completion Envelope Id: 17BAADE1-9E88-81AD-8158-748D21 B2C799 Subject: ITB 25-26-016 Moore Park Gym Construction - D5 Source Envelope: Document Pages: 187 Certificate Pages: 7 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-05:00) Eastern Time (US & Canada) Signatures: 14 Initials: 1 Stamps: 1 Status: Completed Envelope Originator: Luis Caseres 444 SW 2ND AVE, 5th Floor Miami, FL 33130 Icaseres@miamigov.com IP Address: 149.19.41.27 Record Tracking Status: Original 8/26/2026 12:56:14 PM Security Appliance Status: Connected Holder: Luis Caseres Icaseres@miamigov.com Pool: FedRamp Location: DocuSign Signer Events Signature Timestamp Luis Caseres Icaseres@miamigov.com Construction Procurement Assistant Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Anthony Hansen AMHansen@miamigov.com Senior Procurement Contracting Officer Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Annie Perez annieperez@miamigov.com Director Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Terry Quevedo Tquevedo@miamigov.com Signing Group: Risk Management Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 11/21/2024 1:23:59 AM ID: ae135372-bd33-4324-aac1-955cf822dfa3 Completed Using IPAddress: 138.43.105.128 Completed Using IPAddress: 138.43.105.128 ,-DocuSigned by: 89540EB73CAC468... Signature Adoption: Pre -selected Style Using IPAddress: 149.19.49.124 CtDocn3igned by: 5 95F25lo Signature Adoption: Pre -selected Style Using IPAddress: 138.43.101.81 Sent: 8/26/2026 1:14:44 PM Viewed: 8/26/2026 1:14:53 PM Signed: 8/26/2026 1:16:29 PM Sent: 8/26/2026 1:16:34 PM Viewed: 8/27/2026 8:37:39 AM Signed: 8/27/2026 8:38:04 AM Sent: 8/27/2026 8:38:09 AM Viewed: 8/27/2026 12:56:13 PM Signed: 8/27/2026 12:56:50 PM Sent: 8/27/2026 12:56:54 PM Viewed: 8/27/2026 12:57:54 PM Signed: 8/27/2026 1:01:23 PM Signer Events Signature Timestamp Lai -Wan McGinnis Imcginnis@miamigov.com Capital Budget Administrator Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Marie Gouin mgouin@miamigov.com Director, Office of Management and Budget Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Nicholas R. Atkison NAtkison@miamigov.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 3/17/2026 2:04:47 PM ID:a523ad58-e805-42f1-b477-bc675ca83162 George K Wysong III gwysong@miamigov.com City Attorney Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Erica Paschal epaschal@miamigov.com Chief Financial Officer/Assistant City Manager Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 9/14/2023 9:54:32 AM ID:3bc88215-edc0-43d8-936a-662c9c102a5f Barbara Hernandez BaHernandez@miamigov.com Assistant City Manager Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Completed Using IPAddress: 138.43.105.186 Signed by: 5F6E831796C5495... Signature Adoption: Uploaded Signature Image Using IPAddress: 138.43.105.128 rmiliei 411 Signature Adoption: Pre -selected Style Using IPAddress: 149.19.49.100 (—Signed by: Gt,OVv. OkhiSbt4 11( '-88776E9FE88248B... Signature Adoption: Pre -selected Style Using IPAddress: 149.19.41.27 CDocuSigned by: V24Ga Paoc ea 5E85050AB3B54BC Signature Adoption: Pre -selected Style Using IPAddress: 138.43.101.81 CSigned by: f aVlocora (i"t,vtn AA-1,v) 6DEC2D3DF33044E... Signature Adoption: Pre -selected Style Using IPAddress: 149.19.41.27 Sent: 8/27/2026 1:01:30 PM Resent: 8/31/2026 2:13:56 PM Viewed: 8/31/2026 4:36:46 PM Signed: 8/31/2026 4:37:55 PM Sent: 8/31/2026 4:38:01 PM Viewed: 8/31/2026 8:43:27 PM Signed: 8/31/2026 8:43:46 PM Sent: 9/1/2026 10:36:48 AM Viewed: 9/1/2026 2:32:48 PM Signed: 9/1/2026 2:43:56 PM Sent: 9/1/2026 2:44:01 PM Viewed: 9/1/2026 2:45:28 PM Signed: 9/1/2026 2:46:17 PM Sent: 9/1/2026 2:46:22 PM Viewed: 9/1/2026 3:10:53 PM Signed: 9/1/2026 3:11:17 PM Sent: 9/1/2026 3:11:23 PM Resent: 9/3/2026 3:49:06 PM Viewed: 9/3/2026 4:53:59 PM Signed: 9/3/2026 4:55:02 PM Signer Events Signature Timestamp Asael Marrero amarrero@miamigov.com Assistant City Manager Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 6/23/2023 9:31:00 AM ID:09d1ab67-9d2c-4b56-bca8-009be6aae519 Natasha Colebrook -Williams ncolebrook-williams@miamigov.com Assistant City Manager Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign James Reyes jareyes@miamigov.com City Manager City Of Miami Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Hannon, Todd thannon@miamigov.com City Clerk City of Miami Signing Group: CITY CLERK ATTESTATION Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 6/17/2025 2:57:18 PM ID:459d62f8-6b29-49cb-b98d-1599dcc98ebc Luis Caseres Icaseres@miamigov.com Construction Procurement Assistant Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign p—DocuSigned by: '—00F4AD9AB03B45A... Signature Adoption: Uploaded Signature Image Using IPAddress: 149.19.41.27 —DocuSigned by: Nr414. Coletu 4-W:.C& i,.,. '-84B700975DEA41 B... Signature Adoption: Pre -selected Style Using IPAddress: 149.19.33.232 ,—Signed by: SR '—A68C256F2C6A478... Signature Adoption: Drawn on Device Using IPAddress: 138.43.101.81 cD//oo Sig''need�d by: "' E46D7560DCF1459... Signature Adoption: Uploaded Signature Image Using IPAddress: 149.19.41.27 Completed Using IPAddress: 138.43.105.186 Sent: 9/3/2026 4:55:07 PM Viewed: 9/4/2026 7:35:24 AM Signed: 9/4/2026 7:40:13 AM Sent: 9/4/2026 7:40:19 AM Resent: 9/9/2026 9:32:05 AM Viewed: 9/9/2026 10:20:32 AM Signed: 9/9/2026 10:21:40 AM Sent: 9/9/2026 10:21:51 AM Resent: 9/18/2026 8:48:01 AM Viewed: 9/18/2026 2:22:55 PM Signed: 9/18/2026 2:31:27 PM Sent: 9/18/2026 2:31:35 PM Viewed: 9/21/2026 8:20:35 AM Signed: 9/21/2026 9:13:36 AM Sent: 9/21/2026 9:13:43 AM Viewed: 9/21/2026 9:14:58 AM Signed: 9/21/2026 9:15:25 AM In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Sadie Brown sbrown@miamigov.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Crystal Hoffman CAHoffman@Miamigov.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Thomas Fossler TFossler@miamigov.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 6/22/2023 10:02:03 AM ID: c72286bf-c560-4354-92fe-f3e9e87f357f Martha Rodriguez marrodriguez@miamigov.com Sandra Gilbert sgilbert@miamigov.com Executive Assistant City Manager Signing Group: City Managers Office eNotary Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Martha Rodriguez marrodriguez@miamigov.com Sandra Gilbert sgilbert@miamigov.com Executive Assistant City Manager Signing Group: City Managers Office eNotary Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign COPIED COPIED COPIED COPIED COPIED Sent: 8/27/2026 1:01:28 PM Sent: 8/31/2026 4:37:59 PM Sent: 9/1/2026 10:36:50 AM Sent: 9/9/2026 10:21:48 AM Sent: 9/18/2026 2:31:33 PM Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 8/26/2026 1:14:44 PM Envelope Updated Security Checked 9/16/2026 10:43:42 AM Certified Delivered Security Checked 9/21/2026 9:14:58 AM Signing Complete Security Checked 9/21/2026 9:15:25 AM Completed Security Checked 9/21/2026 9:15:25 AM Payment Events Status Electronic Record and Signature Disclosure Timestamps Electronic Record and Signature Disclosure created on: 6/15/2023 8:45:09 AM Parties agreed to: Terry Quevedo, Nicholas R. Atkison, Erica Paschal, Asael Marrero, Hannon, Todd, Thomas Fossler ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Miami (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check -box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. 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Olivera, Rosemary From: Sent: To: Cc: Subject: Attachments: Caseres, Luis Monday, September 21, 2026 10:04 AM Hansen, Anthony; Ponassi Boutureira, Fernando; Perez, Annie; Darrington, Mario; McGinnis, Lai -Wan; Pope, Shedrick Fossler, Thomas; Hannon, Todd; Olivera, Rosemary; Gomez, Marta; Johnson, Antiwonesha; Atkison, Nicholas; Dubuisson, Fabiola; Badia, Hector Document Distribution - ITB 25-26-016 - Moore Park Gymnasium - D5 ITB 25-26-016 Moore Park Gym_Construction - Executed 09-21-2026.pdf Good morning, All: Lai -Wan: Attached for your records is a scanned copy of the document described below, which was duly executed by all appropriate parties. Thank you. Antiwonesha/Marta: You may now close this Matter ID 26-2282 Todd: Please find attached the fully executed copy of agreement that is to be considered an original agreement for your records. Document Type: First Party: Second Party: Program/Purpose: Effective Date: Best regards, Construction Contract City of Miami John Bell Construction, Inc. Moore Park Gymnasium - D5 09/21/2026 Lcti� Cc erek Construction Procurement Assistant City of Miami Department of Procurement 444 SW 2nd Avenue, 6th Floor, Miami, FL 33130 (305) 416-1923 g (305) 400-5335 ®Lcaseres©miamigov.com i "Serving, Enhancing, and Transforming our Community" CONFIDENTIAL COMMUNICATION The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution, or duplication of this communication is strictly prohibited. If you are not the intended recipient, please immediately contact the sender by reply e-mail and destroy all copies of the original message. 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