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Bid No. 40-00/01 INVITATION TO BID GROUP-AM AND -BM PARKS IMPROVEMENTS PHASE II BID NO. 40-00/01 BID OPENING: JULY 12, 2001 AT 3:00 PM Gus Lopez, CPPO, Procurement Director City of Miami Beach - Procurement Division 1700 Convention Center Drive Miami Beach, FL 33139 BID NO. 48-00/0t DATE: 61t9/0t City Clerk CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\cl.mlaml-beach.ft.us PROCUREMENT DIVISION CITY OF MIAMI BEACH INVITATION TO BID NO. 40-00/01 NOTICE TO CONTRACTORS Sealed bids will be received by the City of Miami Beach Procurement Director, 3rd Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139, Illltil3:00 p.rn. on the 12th day of July, 2001 for: GROUP "A- AND"B- PARKS IMPROVEMENTS PHASE II Scope of Work: The Project consists of improvements to Stillwater Park, Crespi Park, Tatum Park, LaGorce Park, Fisher Park and Island View Park located throughout the Oty of Miami Beach. The worlc incIudes, but is not limited to the provision and installation of perimeter decorative picket fencing for Sti11water, Crespi, and Tatum Paries, the provision and installation of pet.under decomtive picket fencing, new parking spaces and new paved walkway for LaGorce P31k, the provision and installation of interlocking pavers at the patio area, and the provision and installation of decoiative perimeter picket fencing for Fisher P31k, and Security light poles replacement, tot lot perimeter decorative picket fencing and tot lot shade pavilion for Island View Park. Sealed bids will be received unti13:oo p.m. on Julv 12. 2001, at the following address: Oty of Miami Beach, City Hall- Procurement Division, Third Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139. Any response received after 3:00 p.m. on July 12,2001, will be returned to the bidderllllopened. The responsibility for submitting bids before the stated time and date is solely strictly the responsibility of the proposer. The City is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. A Non-Mandatory Pre-Bid Conference/Site Inspection has been scheduled for 10:00 a.m. on June 29, 2001, at the City of Miami Beach, City HaD - First Floor Conference Room, located at 1700 Convention Center Drive, Miami Beach, FL 33139. A Bid Bond offive (5%) percent of the bid amount will be required. The successful bidder will be required to finnish perfonnance and Payment Bonds, each in the amOWlt of one-hwlllred (100%) percent of the contract amount The City has contracted with DemandSmr by Onvia as oW' electronic procurement service for automatic notification of bid opporttmities and docwnent fuIfilhnent We encourage you to participate in this bid notification system. To find out how you can receive automatic bid notifications or to obtain a copy oftbis RFP, go to www.demandstar.comorcalltoU-free 1-800-711.1712, and request Document #403. Subscribing to DemandStar by Onvia's bid notification system is not a requirement You will sti1I BID NO. 4...o0/0t DATE: 61t9l0t be able to find bid infurmation and download docwnents through the City's website dIIln://ci.miami- beach.tl.us). From the City's home page, click on Index, scroll down to Bids, RFPs, RFQs, etc., click on Bid Information and Bid Status, double click on Order (Actions Column), and double click on Download documents for a fee. Yau will be charged an administrative fee of $5.00 to download this docmnent. Plans and Technical Specifications must be ordered through T-Square. The attached order form on page 56 must be completed and returned to T -Square before prospective bidders will receive requested plans and specifications. The City of Miami Beach reserves the right to accept any bid deemed to be in the best interest of the City of Miami Beach, or waive any informality in any bid The City of Miami Beach may reject any and all bids. Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing by mail or facsimile to the Procurement Department, 1700 Convention Center Drive, Miami Beach, FL 33139 FAX: (305) 673-7851. The bid title/number shall be referenced on all correspondence. All questions must be received no later than ten (10) calendar days prior to the scheduled bid opening date. All responses to questions/clarifications will be sent to all prospective bidders in the form of an addendwn. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFfER SAID DEADLINE. CITY OF MIAMI BEACH YOU ARE HEREBY ADVISED THAT TinS INVITATION TO BID IS SUBJECT TO THE "CONE OF SILENCE, .. IN ACCORDANCE WITH ORDINANCE 99.3164. A COpy OF ALL WRITTEN COMMUNlCA TION(S) REGARDING TinS BID MUST BE FILED WITH THE CITY CLERK. YOU ARE HEREBY ADVISED THAT TinS INVITATION TO BID IS SUBJECT TO THE "CODE OF BUSINESS ETInCS", ("CODE'') IN ACCORDANCE WITH RESOLUTION NO. 2000-23879. YOU ARE HEREBY ADVISED THAT TIllS INVITATION TO BID IS SUBJECT TO THE CITY OF MIAMI BEACH DEBARMENT ORDINANCE NO. 2000-3234 Thank you, C~ /. "-- ( / ~ V Gus Lopez, CPPO Procurement Director BID NO. 40-00/Ot DATE: 61t9/0t CITY OF MIAMI BEACH CITY HALL 1700 CONVE'lTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139 hItp~\d.ml8_.n.u. COMMISSION MEMORANDUM TO: Mayor Neisen O. Kasdin and Memben of the City Commission DATE: September 5, 2001 SUBJECT: Jorge M. Gonzalez ~, . ~ City Manager Or" 0 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AWARDING A CONTRACT TO TRlNTEC CONSTRUCTION, INC., PURSUANT TO INVITATION TO BID NO. 40-00101, FOR THE CONSTRUCTION OF THE GROUP "A" AND "B" PARK PROJECTS COMPRISED OF: STILLWATER, CRESPI, LA GORCE, TATUM, FISHER, AND ISLAND VIEW PARKS, IN THE AMOUNT OF $468,357; AND FURTHER APPROPRIATING FUNDS IN THE TOTAL AMOUNT OF S557,460, FROM THE t999 GENERAL OBLIGATION BOND FUND 374, COMPRISED OF: $468,357, FOR THE COST OF CONSTRUCTION; S33,Ot8, FOR THE CONSTRUCTION CONTINGENCY; AND 556,085 FOR THE CAPITAL IMPROVEMENT PROJECTS OFFICE MANAGEMENT FEE. FROM: ADMINISTRATION RECOMMENDATION: Adopt the Resolution. FUNDING: Funding in the total amount of $557,460, is available as follows: GrODD "A" Parks Stillwater Park Crespi Park La Gorce Park Subtotal $106,604.15 $103,595.70 $40,291.05 5250.490.90 GrOUD "B"'Parks Tatum Park Fisher Park Island View Park Subtotal Total $86,741.84 $87,843.70 $132,383.56 5306.969.10 5557.460.00 AGENDA ITEM G7A f-S-O( DATE 21 ANALYSIS On July 16, I 997, the Mayor and City Commission approved a Professional Services Agreement with the finn of REG Architects, Inc., for the design and development of construction documents for various parks included in the 1994, $15 Million General Obligation Parks Improvement Bond Program. On November 2, 1999, the Miami Beach voters approved the $92 Million General Obligation Bond and funds were added to complete the programs envisioned in the Parks Bond Master Plan. On June 6, 2001, the Invitation to Bid No. 40-00/01 was issued. 2,351 vendors were notified which resulted in 53 requests for plans and specifications. A pre-bid conference was held on June 29, 2001. On August 14, 2001, the City received two (2) responsive bids and one (I) non-responsive bid, they are as follows: . Regosa Engineering, Inc. (responsive) . Trintec Construction, Inc. (responsive) . Professional Welding, Inc. (non.responsive) Professional Welding,lnc's bid is deemed non-responsive based on the fact that no quotes were submitted for La Gorce, Fisher, and Island View Parks. The bid documents included a number of Additive Alternates. They are as follows: Group A Parks Alternate No.1: (for Stillwater and Cresoi) . 6' Painted Steel Picket Fence & Concrete Columns (Base Bid includes a 5' Painted Steel Picket Fence) Alternate No 1: (for La Gorce) . Galvanize Dip all Fence Material Alternate No 2: (for Stillwater. Cresoi) . Galvanize Dip all Fence Material . 5' Fence . 6' Fence Alternate No 2: (for La Gorce Park) . Unit Paver Parking Area with Concrete Curb Group B Parks Alternate No.1: (for Tatum Park) . 6' Painted Steel Picket Fence & Concrete Columns (Base Bid includes a 5' Painted Steel Picket Fence) Alteraale No 1: (Fisher and Island View Parks) . Galvanize Dip all Fence Material Alternate No 2: (Tatum. Parks) . Galvanize Dip all Fence Material . 5' Fence . 6' Fence 22 The Bid Tabulation (Table 1) indicates the bids received for all six (6) parks. TABLE 1 Park Trintec Construction Professional Welding, Regosa Engineering Inc. Stillwater Park Base Bid $73,888.84 Base Bid $114,800.00 Base Bid $99,228.00 Add A]ternate #1 $113,529.84 $157,200.00 $86,400.00 Add Alternate #2a $16,148.00 $114,800.00 $]4,389.00 Add Alternate #2b $18,029.00 $117,600.00 $17,267.00 Crespi Park Base Bid $74,088.84 Base Bid $113,200.00 Base Bid $98,454.00 Add Alternate #] $113,729.84 $156,150.00 $86,400.00 Add Alternate #2a $]6,148.00 . $113,200.00 $]4,400.00 Add Alternate #2b $18,029.00 $116,900.00 $]8,000.00 Tatum Park Base Bid $63,518.36 Base Bid $83,800.00 Base Bid $80,040.00 Add Alternate #] $]0],523.36 $110,160.00 $69,000.00 Add Alternate #2a $]2,845.00 $83,800.00 $11,421.30 Add Alternate #2b $14,341.00 $84,960.00 $13,560.05 La Gorce Park Base Bid $3 ],256.44 Base Bid $72,048.00 No Bid Submitted Add Alternate #] $4,237.00 $49,306.40 Add Alternate #2 $]2,872.00 $5,650.00 Fisher Park Base Bid Base Bid $102,]51.04 No Bid Submitted $127,887.60 Add Alternate #1 $5,922.00 $5,650.00 Island View Park Base Bid Base Bid $123,453.48 No Bid Submitted $168,504.00 Add Alternate # 1 $5,115.00 $3,780.00 Grand Total Base Bid $468,357.00 $311,800 646,161.00 The bidders' proposals include all labar, materials, equipment and supervision necessary to complete the Group "A" and "B" parks in accordance with the technical specifications and drawings. The contract includes the cost of all material, equipment, and supplies furnished, completed, and in place and ready for service, including all tie in work, testing, labor, permit fees, taxes, insurance, miscellaneous costs, overhead and profit. The work on the Group "A" and "B" Parks is to be completed under a single prime contract. The contract document stipulates that the contractor shall attain substantial completion on all six (6) parks within one hundred twenty (120) calendar days after thc date of issuance of the Notice to Proceed. Additionally, the project must be completed and ready for final payment thirty (30) calendar days following the substantial completion date. 23 The Scope of Work encompasses the constrUCtion of the following: Stillwater. CresDi. and Tatum Parks . 5' decorative picket fences. Fisher Park . 4'-5. decorative fencing, parking pavers, landscape and irrigation. La Gorce Park . 4'-5" decorative fencing, parking pavers, and landscape. Island View Park 3'-6" decorative fencing around the tot lot area, and a shadc pavilion. The Administration and the City's Consultant, REG Architects, have evaluated the bids, and the bidders' references. Trintec Construction, Inc. was determined to be the lowest and best bidder. Trintec Construction Inc's Base Bid for all six (6) parks in Group "A" and "B" is $468,357 (Table 2). TABLE 2 Park Trintec Construction Base Bid Stillwater Park S73,888.84 Crespi Park S74,088.84 Tatum Park S63,518.36 La Gorce Park S31 ,256.44 Fisher Park $102,151.04 Island View Park SI23,453.48 Grand Total S468,357.00 Taking into consideration the evaluation of the three (3) bids conducted by City staff and thc City's Consultant, REG Architects, (Attachment I), thc Administration recommends the award of the Base Bid for all six (6) parks, and the adoption of the Resolution by the Mayor and City Commission, approving the award of the contract to, Trintec Construction, Inc., in the amount of $468,357, for the construction ofthc Group "A" and "B" Parks; and further appropriating funds in the total amount of $557,460, from the General Obligation Bond Fund 374, comprised of: $468,357, for the cost of construction; $33,018 for the construction contingency; and $56,085 for the Capital Improvement Officc Project Management Fcc. ~~ JM .Mcmos\A&D-PlIASE 2.<Ioe 24 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE. MIAMI BEACH. FLORIDA 33139 http:\\c1.miaml-beach.f1.us PROCUREMENT DMSION Tlllphonl (305) 173-7490 FocllmUI (305) 173-7151 INVITATION TO BID NO. 40-00/01 ADDENDUM NO.4 August 2, 2001 GROUP" A" AND "B" PARKS IMPROVEMENTS PHASE II is amended as follows: I. Tbe foUowing are answers to questions from prospective bidders 1. Q. What paint specification is the contractor to follow for the picket fencing? A. Prime and finisb coat of restoleum paint. 2. Q. Is it the intent of Add Alternate #1 on LaGorce, Fisher, Island View Parlcs and Add Alternate #2 on Stillwater, Crespi, Tatwn Parlcs that the fence be galvanized in addition to being painted? A. Yes. 3. Q. What contractor licenses are required for a bidder to bid as a prime contractor on each job? and what pennits are required? A. Tbe Contractor awarded this contract must bave all required licenses in order to puU all reouired permits necessary to complete tbe entire project, in accordance witb PlanslTecbnicaI Specifications/Scope of Work. (Bid Documents) 4. Q. Drawing Sheet CS5 (Fisher Park) showns on Site Plan ''Limits ofnew Irrigation" and Irrigation GenernI Notes states: "See plan for the location of the control system enclosure. The Irrigation System shall be installed with strict adherence to the technical specifications", and on the Specifications Book the original Bid Form item No.6 of Fisher Park refers to ParlOng landscape and Irrigation However, no Specifications were provided for the Irrigation Work and no location of the system enclosure was fOWld Would you clarifY this? A. Please see Attacbment 1, Specifications Section 02810 for Irrigation System. Additionally, see Attacbment 2, plan oflocation oftbe system enclosure. II. Clarifications: All Galvanized steel C-Channel bars shall be standard size 2"xl ''x31I6'' / 2.59 (weigh per foot Lbs.). Lineal feet of fencing shown on scope of work for eacb park is approximate. Contractor shall verifY actual length and fimrish and insta.ll totaI amount required. Bid No. 40-00/01 Addendum No.3 Page 2 Survey drawings of each parle are kept at the City of Miami Beach Public WOIks Department for consultation. The galvanized steel fencing requested on the add alternates sha1l be dipped.ga1vanized. All required welding sha1l be covered with prime and finish coat of restolewn paint to match the existing fence color. - Cost of removing and disposing of any existing chain link ferx:e shall be iocluded in the bid price. - The contractor sha1l provide two (2) ADA parking spaces at Fisher Park. They sha1l be provided either to the south of the existing entrance walkway (as shown on Sheet A.5.!), or one to each side of the walkway, without additional cost III. Attachment 3; Pian/detail showing the starting point of the fencing. Bidders are required to acknowledge this addendwn on Proposal page 5 of 7, and sha1l submit a complete copy of this and l!!! addenda with their bid, or the bid may be considered non-responsive. CITY OF MIAMI BEACH ~ //./' ~""~ /- /' - I ,~- l. ,".~ Gus Lopez, CPPO Procurement Director Je Attachment 1: Specifications for Section 02810 - Irrigation System Attachment 2: Plan for location of the system enciosure Attachment 3: Plan/detail showing the starting point of the fencing SECTION 02810 IRRIGATION SYSTEM PART 1 GENERAL 1.01 SCOPE OF WORK A. Provide all labor, materials, and equipment necessary to perform the complete scope of irrigation work as specified to insure the system is fully operational. B. The completed and proper construction of the landscape irrigation system including, but not limited to: 1. All piping, including mains, laterals, fittings, sleeves, connections, tees, risers, clamps, and swing joints. 2. All control, ball, globe, pressure reducing, quick coupling and other valves, including valve boxes, markers, connections, operators and other accessories. 3. Complete automatic control system, including controllers and control-wiring connections. 4. Coordinate electrical connection to the controller with General Contractor to service panel location(s). 5. Connections of piping to the supply source( s) utilizing meters provided by the city and installing a new backflow preventor( s) and a flow meter at each meter location. 6. All excavation, site-work, relocation or replacement of utilities, backfill and restoration of all distUIbed areas. 7. Provide a complete and operable system for the irrigation of all landscape areas on the project site. These specifications are intended to include all items obviously necessary and requisite for the proper irrigation of the project This in no way relieves the Contractor of his responsibility to finnish any additional labor, materials and equipment required for a proper system. 8. Adjust any system components to work with existing and proposed landscaping. 040223080 02810-1 Attachment 1 (14 Pal!es) 9. Supply, deliver, store, and protect all equipment and materials including pipe and fittings, valves, controllers, wire, and all other component parts necessary for the installation of a fully automatic irrigation system as indicated in these specifications. C. Complete sod and planting restorntion in all areas that are trenched or damaged during the installation of the irrigation system upon completion of the project. 1.02 DESCRIPTION OF SYSTEM A This system has been designed as a typical block valve type using Rain Bird 1800 sprinklers, Rain Bird rotors, and Hardie 700 in-line control valves with gate valves. The individual irrigation systems sha1I be con1rolled by a wall mOlmted controller to be located in electrical room. Twelve (12) stations for controller ESp.LX Plus Series. B. The water source(s) for this system sha1I be from an existing city potable water system. The City will provide the tap and the water meter locations. C. Contractor sha1I be required to all insta1I sleeves as depicted on the plans or as necessaI)'. Contractor sha1I jack and bore (if required) all sleeves as required to accommodate existing facilities. 1.03 QUALITY ASSURANCE A. All applicable ANSI, A WW A, and ASTM Standards and Specifications, and all applicable building codes and other public agencies having jurisdiction upon the wOIk. B. The Contractor shall be responsible for constructing the system in complete accordance with all local codes, ordinances and laws. The Contractor shall insta1I all sprinkler heads according tot he manufactureI's specifications with regard to installation depth and distance between heads. Any modification made to conform to said codes, laws, ordinances and specifications sha1I be completed at the Contractor's expenses with no additional compensation allowed. C. Protection of Existing Plants and Site Conditions: The Contractor shall take all necessary precautions to protect site conditions to remain. Should damages occur, Contractor sha1I repair the damage to its original condition at his own expense. I. The Contractor sha1I void where possible trenching through the roots of any existing tree(s) or pa1m(s). 040223080 02810-2 D. Pennits and Fees: Contractor shall be responsible for obtaining all pennits and pay required fees to any governmental agency having jurisdiction over the worlc. Inspection required by local ordinances during the course of construction shall be arranged as required. On completion of the worlc, satisfuctory evidence shall be fwnished to Architect to show that all work has been installed in accordance with the ordinances and code requirements. E. Contractor shall provide full 100010 coverage (head to head) in all irrigated areas and shall be responsible for adding additional heads and components as required. "Head to head" means that each irrigation head sprays to the other heads inunediately adjacent F. WorIananship: All work shall be installed by skilled personne~ proficient in the trades required, in a neat, orderly, and responsible manner with recognized standards of worlananship. The Contractor should have installed at least five projects of similar magnitude and demonstrated ability in the installation of sprinkler irrigation systems of this type. 1.04 SUBMITTALS A. Submit Shop Drawings all the irrigation system equipment, indicating all details required for the proper conslIUction including, but not limited to: controllers, valves, gate valves, piping, fittings, materials, and connectors, etc. Where appropriate, and when approved by the Architect, manufacturer's product data may be substituted for shop Drawings. 1.05 SUBSTITUTIONS A. Written request for approval to substitute a material's type, grade, quality, etc. due to the non- availability of the material specified. Request shall be submitted within one working day after the pre-<:onstruction conference. Approval shall be given by the Landscape Architect before the material is delivered and installed on the project. 1.06 CHANGES AND ADDITIONAL WORK A. The Contractor shall not start on any changes or additional wOlk in the project IIIItil the City and the Contractor have executed a written agreement setting forth the adjusted contract amOWlt Any work performed on any changes or additional work prior to the execution of a written agreement may or may not be compensated for by the City. B. The Landscape Architect reserves the right to adjust the nwnber and location of sprinkler heads and other equipment in order to provide for any modifications which might become necessary. 1.07 GUARANTEE 040223080 02810-3 A The irrigation system shall be guaranteed for a mininunn of one calendar year fiom the time of final acceptance in accordance with the General Conditions. An inspection by the Landscape Architect, Contractor and City of Miami Beach representative shall be made at the beginning and end of the guarantee period. 1.08 QUALITY AND GRADE OF REPLACEMENT A Replacement material shall be of the same qua1ity and grade as that of the material to be replaced. B. Replacements shall be guaranteed for a period equal to 1he originally specified guarantee. This guarantee period shall begin at time of final acceptance. C. Final payment to the Contractor shall not relieve guarantee obligations. 1.09 AS-BUILT DRAWINGS A. After completion of installation, fimrish complete as-built reproducibles showing locations of all valves and piping to scale, with dimensions where required or necessary, to show vertical and horizontal dimensions measured from pennanent/fixed objects (buildings, street lights, sidewalks, etc.) affecting but not limited to the mainline pipe, controller locations, remote control valves, and quick-coupling valves. The Drawings shall also indicate and show approved substitutions of size, material and manufacturer's name and catalog nwnber. All piping shall be dimensioned and drawn to scale. Remote control valves and isolation valves shall have two (2) measurements from fixed objects. Provide two copies of the as-buih drnwings and one Mylar set, as well as electronic fonnat in AutoCAD, R13 or greater. PART 2 - MATERIALS 2.01 PIPE A. PVC: Provide Schedule 40 solvent weld IlIIplasticized Polyvinyl chloride pipe for all mains and lateral lines. All pipes shall be new and free from defects and shall be continuously marlced indicating size, schedule, type and Department of Commerce Standard Reference. Pipe shall be furnished in standard length of twenty (20) feet All main1ine and lateral pipe shall be manufactured from clean, virgin, NSF approved Type 1, Grade 1 PVC, conforming to ASTM resign specifications 0-1784 and 0-2241. All main piping placed in sleeving shall be Schedule 40 solvent weld IlIIplasticized polyvinyl chloride pipe confonning to ASTM resign specifications D 1784 and D 2241. 040223080 02810-4 B. Galvanized Steel Pipe: Pipe installed above grade for the backflow preventor shall be Schedule 40 Ga1vanized steel. C. PVC SLEEVES: Pipes routed Wlder pavement and sidewalks shall be sleeved in Polyvinyl Chloride (pVC) Schedule 40, pipe unless noted otherwise on the plans or in these Specifications. Size all sleeves shall be a minimum I larger than the size of pipe to be encased D. THRUST BLOCKS: Thrust Block shall be installed for any main line 2" or greater in diameter. Thrust blocks must be formed against a solid, hand-excavated trench wall IBldamaged by mechanical equipment They shall be constructed of concrete, and the space between the pipe and trench shall be filled to the height of the outside diameter of the pipe. They shall occur at any change in direction of lhe mainline pipe. The minimmn thrust block size shall be 2 cu. ft. The tIuust blocks shall also use strapping or rebar to anchor lhe fitting. In no instance shaIIlhe fitting be covered more than 50% to allow access. The Architect shaI1 be notified of installation at least 48 hours prior to placement and will be present while pouring to inspect the tIuust blocking. 2.02 PIPE ....TllN'GS A All mainline pipe fittings shall be a minimmn of Schedule 40 fittings. Make all taps on mains or branch mains with tees. Provide all non-threaded type joints of socket type, designed for solvent-cement type application. Prior to the connection of any joint with PVC glue, treat all fittings and pipes I" and larger with a high etch (purple) PVC cleaner. A medium body, gray in color, cement shall be used to bond each section of the PVC pipe. Use only cleaner and solvent compatible wilh the PVC pipe used Upon completion of lhe glue joints, keep irrigation system out of seIVice for the period of time specified by the glue manufacturer. Make screw joints with an acceptable screw joint pipe joint compound. Where adapters are used between threaded and slipped pipes or valves, they shaI1 be only female PVC threaded to socket coupling adapters. No male threaded PVC fittings are to be used, with the exception of street ELS and riser adapter. B. Galvanized steel pipe shaI1 have threaded standard; 150 poWld ga1vanized malleable fittings. C. All sprinkler heads shaI1 be connected to the supply line as shown on the enclosed detail. D. All sprinkler heads shall be connected to the supply line wilh either "Poly Pipe", Spears "flexIble PVC hose" or with PVC swing joints, unless indicated otherwise in the Specifications. 040223080 02810-5 2.03 PRIMER A Primer sha1l be a PVC High Etch "Purple" Primer. This primer sha1l have a color tint to aid in visua1 inspection. 2.04 SOLVENT/GLUE A. Solvent/glue sha1l be slow drying, heavy-duty gray PVC solvent/glue, 2.05 SPRINKLER HEADS A. Pop-up Spmy Heads (4"): The sprinkler shall be Rain Bird 1800: I. The sprinkler sha1l be of the fixed spray type designed for in-ground installation. The sprinkler sha1l be capable of covering the radii specified on the plans at 40 P .S.1. 2. The nozzle sha1l be comprised of one (I) or more orifices at two (2) radius ranges and sha1l be adjustable from on to full off. The nozzle sha1l elevate 3 to 6 inches when in operation. Retraction sha1l be achieved by a heavy-duty stainless steel spring. The nozzle piston sha1l have a smooth extemal swface operation in a resilient guide. A riser wiper sha1l be included in the sprinkler for continuous operation WIder the presence of sand and other foreign material. 3. The 1800 series Spray Head Body shall be PRS type - pressure-compensating type. 4. Coverage sha1l be either full or part circle. The part circle coverage sha1l be available in arcs of 90, 120, 180,240, and 270 degrees or adjustable part circle. Also included shall be special patterns including an end strip, side, and center strip nozzle configuration. Nozzle delivery sha1l be such as to allow partial circle patterns to match full circle patterns in precipitation rates. 5. The body of the sprinkler sha1l be constructed of non-corrosive duty Cyco1ac. A filter screen sha1l be in the sprinkler body. All sprinkler parts sha1l be removable through the top of the tmit by removal of a threaded cap. 2.06 IRRIGATION CONTROL WIRE A All irrigation control, wire from the controller to the electric valve sbaI1 be UL approved PE direct buria1 irrigation control wire, single conductor insulated utilizing low density high molecular weight polyethylene insulation suitable for operating at 600 volts and conductor temperatures up 040223080 02810-6 to 60 degrees Celsius. The conductor shall be soft drawn, bare copper meeting the requirements or ASTM Specification B-3 or 8-8. Temperature rating shall be from -55 degrees to +60 degrees C. Thickness of insulation for conductor size 12 A WG through 8 A WG solid shall be 3/64 inches. A WG size for wire shall be in accordance with the manufucturer's specifications based upon a relationship between the nwnber of valves and their distance from the controller. 2.07 WIRE CONNECTORS A All splices in inigation control wire shall be accomplished using Rainbird ST ~3 UL Snap- Tite connectors and PT-S5 sealer or 3M DBY Direct Bury Splice Kit All splices shall occur within value boxes, a meter or equal. Splices should be designed into the system and minimize additional splices in the field Show all splices locations on the as-built drawings. 2.08 CONDUIT A Gray conduit shall be PVC, UL approved. Size as required by code. Conduit sbaU be utilized only where sleeving for main line is necessaI)' (i.e., under sidewalk, driveways, pavement, etc.) 2.09 RISERS A. Pipe shall be Y2-inch PVC Schedule 80. Risers are to be utilized in shrub massings when conventional pop-up spray heads would provide inadequate coverage (shrub heights of 18" or greater). Risers shall be secured to Rebar (#4) with stainless steel hose clamps. Risers in shrub massings shall be a minimwn of 12" from the edge of the planter bed. 2.10 AUTOMATIC CONTROL VALVES A. Zone Valves sbaU be Hardie 700 Series, electrically activated remote control valve (size as required to maintain minimwn friction loss) and shall be constructed with stainless steel trim, normally close with manual bleed plug and manual control (cross handle on 1-112" and 2" models; screw driver adjustment on I" model) or equal. Solenoid shall be 3.5 watt, 24 volt AC with tamper proof molded coil and twisting wire. Diaphragm shall be of rubber material. Tir- Act solenoid porting shall prevent a continuous flow of water through the ports during operation. Inlet port to solenoid sbaU be filtered with self-flushing stainless steel screen, removable from outside of valve body for maintenance. All parts shall be setviceable without removing valve from the line. Valve sbaU have no external plwnbing or tubing that can be installed at any angle without affecting valve operation 040223080 02810-7 B. Master Control Valves; All irrigation systems are to include a controller activated master control valve. Valves are to be Hardie 700 Series sized to acconnnodate maximwn flows allowable through the designated water meters for individual systems. All (master) control valves shall be located downstream from the bacldlow preventor and in 12" round valve box. The exact location is to be detennined by the Landscape Architect. 2.11 BACKFLOW PREVENTOR A Bacldlow Preventor: Backflow preventors are to be installed per City of Miami Beach Code. All pipes installed above grade to be Schedule 40 galvanized steel and painted black (see Paint Spec. - Section 2.14). Location to be determined in field by the Landscape Architect. 2.12 NOT USED 2.13 BALL VALVES A. Ball valves 4" and smaller shall be Dura "Safety Block" True Union (brass) ball valves (or approved equal), sized to accommodate meter flow rates. Valves are to have quick disconnect union ends for maintenance/modification of piping system. They shal1 be installed in a valve box with cover. B. Bottom of all valve boxes will be on a 6" bed of pea gravel. 2.14 PAINT A. Paint for risers, Rebar and visible pipe shal1 be Flat Black waterproof as directed by Landscape Architect. 2.15 CONTROL SYSTEM A. The control system shal1 be the ESP-LX Plus computerized irrigation. The system shal1 consist of: (One Controller): The individual irrigation systems shal1 be controlled by a walllllO\lllled controller to be located in electrical room. Twelve (12) stations for controller ESP-LX Plus Series. a. Accessories: 040223080 02810-8 I) Flow Meters: All flow meters shall be intercJun1&,""hle types as manufactured by Bennad, Inc. or approved equal. One flow meter with pulse indicator and a master valve feature shall be installed at each connection or tap (meter locations) into the existing water line source. Flow meters shall be installed in a valve box, with (}' of ~" pea gravel to promote drainage. Flow meters shall be wired to the controller. The Bennad flow meters must be sized com:ct1y to work accurately. Use the following flow rate / meter combinations: Up to 65 gpm - I Y:z" size Up to 100 gpm - 2" size 2) Rain Switch: The rain switch shall be manufactured by the Rainbird Inc., or approved equal. 3) Back-up Power Supplies: Each field writ sha11 each have a nickel-cadmium batteIy backup system in case of power loss or failure. The batteIy sha11 be nickel- cadmium 9-volt capacity and manufactured by Varta, Duracell or equal. j. Tmining and Manuals: Refer to the heading "Training and Manuals", under part 3, section F or these Specifications. 2.16 BACKFILL A. Backfill material shall be clean fill, and completely free from any rock or other materia1 which will damage the pipe if it comes in contact with it If material from excavation is not acceptable, then clean sand must be used. No rock will be permitted in contact with the PVC pipe. R Provide clean sand fill aromd each sprinkler head. 040223080 02810-9 PART 3 EXECUTION 3.01 GRADES A It shall be the responsibility of the Contractor to provide the final grading so the final level conforms to surroWKling grades and is at the proper elevation with relation to walks, paving, drain structures and other site conditions, unless indicated otherwise on the plans. 3.02 PREPARATION A Layout of Mains and Laterals: Layout sprinkler main lines and pelfouuline adjustments and site modification to IateraI lines prior to excavation. B. Valve Location: Locate valves to assme ease of access for maintenance and that no physical interference with other elements of the project exist Align valves parallel to each other in manifold systems. C. Furnish temporary support adequate protection and maintenance of all WldergrOlmd and surface utilities, structures, drains, sewers, and other obstructions encoWltered in the progress of the utilities' work. D. Where the grade or alignment of proposed pipe is obstrocted by existing utility structures such as conduit, ducts, pipe branch connections to sewer mains, main drains, water services, the Contractor shall notifY the owner immediately. 1. No deviation from the required line or grade shall be made without the written direction of the Owner. 3.03 PIPE INSTALLATION A The Contractor shall stake out the location of each nm of pipe and valves prior to trenching. B. Excavation shall include all materiaIs encountered in the excavation of trenches for pipe installation The trench shall be of sufficient width and depth for installation of the pipe as indicated herein. The Contractor shall cause minimwn disturbance to all existing conditions. No pavement sha11 be cut without the Landscape Architects permission. I. Contractor shall abandon any old inigation components found below grade during the installation of the new inigation system. The Contractor sha11 remove and discard any old above grade inigation components. 040223080 02810-10 C. Trenches shall be made wide enough to allow a minimwn of 6 inches between parallel pipe lines. Parallel lines shall not be installed directly over one another. No lines sha11 be installed din:ctly over another. Trenches for pipelines sha11 be made of sufficient depths to provide the minimwn cover from finish grade as follows: I. All1ateralline pipes sha11 have a minimwn cover of 18 inches. 2. All main line pipes shall have a minimmn cover of24 inches 3. Allow for sufficient width of excavating and working in trenches made in soft soil. D. The pipe and fittings sha11 be carefully inspected before installation of the trench. All rocks over I inch diameter and unsuitable bearing materials sha11 be removed from trench in strict accordance with the manufacturer's recommendations. I. Solvent welded joints sha11 be made only on clean, dry, square cut, smooth pipe sections. Fittings shall be "dry" tested for proper size before solvent is applied. The assembly shall proceed in strict accordance with recommended procedures finnished by the manufacturer. 2. Solvent welded pipe sections sha11 be "snaked" from side to side in the trench to prevent joint rupture due to thennal contraction. 3. Pipe openings sha11 be plugged dining construction to prevent entrance of foreign materials. E. Place pipe to be installed under roadways, sidewalks, or other hardscape areas in Schedule 40 PVC sleeve, which has an outside diameter of not less than one inch larger than the outside diameter of the pipe or the combined diameter of pipes installed. Where possible, extend sleeve at least 12" beyond edge of pavement and stabilize for construction VerifY locations with other Contractors and notifY the Architect iImnediately of any conflicts. F. Backfill sha11 be carefully placed to avoid pipe dislocation. Bac1di1l material sha11 be free of rocks, stwnps, roots and other unsuitable material. Backfill sha11 be placed in 6" lifts and shall be thoroughly compacted. Backfill under pavement or sidewalks shall be compacted to 98"10 of maxirnwn AASHTO T 180 density. The surface of backfilled trenches sha11 be even with the sunounding ground surface. 040223080 02810-11 3.04 CONTROL SYSTEM A Contractor Qualifications: Before the control system material is delivered and installed, the Contractor shall prove that he or she is qualified to perform the work, to the satisfaction of the Landscape Architect. The Contractor shall submit written docwnents to verify that they are qualified, such as, but not 1imited to, a letter from the stating the following: 1. Contractor is competent to install the type of control system specified for the City of Miami Beach and has installed at least three sirnilar systems for other municipalities in South Florida. B. Accessories: NOTE - ALL WIRE SHALL BE INSTALLED IN UL APPROVED GRAY PVC CONDUIT, except Wlder the following conditions: I. When the conduit is exposed to ultra violet light, such as from the sun, then that exposed portion shall be rigid, threaded, heavy walled galvanized pipe. 2. When the use of PVC conduit is restricted by local, state or federal code, then the wire shall be installed in the type of conduit required by code. NO DIRECT BURIAL WIRE INSTALLATIONS SHALL BE ALLOWED. ALL SPUCES SHALL BE TWISTED AND INSULATED FROM MOISTURE, ARE TO OCCUR IN VALVE BOXES ONLY AND ARE TO ULTIMATELY BE RECORDED IN THE AS-BUILT DRAWINGS. a) Rain Switch: The rain switch shall be installed at each field unit at the location indicated on the Plans. It shall be installed in a location that is out of range of the sprinklers and away from trees or overlJanging objects which might affect accmnuIation of rain in the rain cup. Install as recommended by the manufacturers' specifications. Submit shop drawings on exact location and installation of rain switch. b) Backup Power Supplies: The back-up power supply for the field unit shall be at the same location as the field unit itself Install as recommended by the manuf3cturer's specifications. C. Training and Manuals: The Contractor, through the manufacturer, shall: I. Provide proper training to the City of Miami Beach maintenance staff on the use, opemtion and maintenance of the Motorola- Control System. 040223080 02810-12 2. Provide technical and general information sheets and ~ manuals for all equipment. 3. All manuals, technical infol1ll3l:ion sheets and general infonnatioo sheets shall be in duplicate and separately bound. D. The Contractor shall pay all start-up fees for fuctory teclmicians. 3.05 CONTROL WIRE INSTALLATION A. Install control wires at least 24" below finish grade and lay to the side of the main line. Provide a minirnlDll of 24 in. of looped wire slack at valves and snake wires in trench to allow for contraction of wires. Tie color-coded wires in bWldles at IO-ft. intervals. B. All W1derground splices shall be made at electric valves in valve boxes. Splices shall utilize Rainbird ST-03 UL Snap-Tile connectors and PT-S5 Sealer or 3M DBY direct bwial splice kit 3.06 AUTOMATIC VALVES A. All automatic valves shall be insta1led in a rectangular valve box and slnll be arranged for easy adjus1ment and removal. A union shall be insta1led on the downstream side. The flow adjustment feature of each valve shall be utilized to balance operating pressures throughout the system. B. A valve actuator shall be insta1led on each valve. Follow manufuctw'er recommendations for installation instructions. 3.07 BALL VALVES A. Ball valves shall be installed at all roadway crossings, in accordance with local codes, and arranged in valve box for easy adjustment and operation. 3.08 BACKFLOW PREVENTER A. Backflow preventors are to be installed per City of Miami Beach Code. All pipes installed above grade to be Schedule 40 galvanized steel and painted black (see Paint Spec. - Section 2.14). Location to be detennined in field by the Landscape Architect. 040223080 02810-13 3.09 VALVEBOXES A. Valve boxes sha1I be installed flush with grade and sha1I contain a minimum of six inches of pea gravel Wlder the valve itself All valve boxes sha1I rectangular type manufactured by Amrek or approved equal. Conttactor sha1I insure percolation through the box. 3.10 TESTING AND INSPECTION A. The Contractor sba1I notifY Architect and Owner 72 hours in advance of testing, B. Qeaning and pressure testing: Flush irrigation system with water to clear lines of foreign materia1s after system assembly is complete and prior to installation of the control valves. Cap and/or plug outlets and fill lines with water. Upon completion of the inigation main and prior to the installation of any control valves, test the entire main or portion(s) of the main for proper operation. After completion of the flushing operation, test the main lines with 125 psi hydroslatic pressure for an minimum of 3 hours. No preSSW'e loss sha1I be allowed over the dmation of the test. Remove and/or replace any item or component of the system which does not comply with the test and test the entire system again Wltil satisfactory test results are obtained. All testing sha1I be done in the presence of the Architect All joints, tees, elbows, caps and connections shall be left Wlcovered during this test. Main line sections of solid Wlbroken pipe should be buried at intervals adequate to secure stabilization of pipe runs when pressurized. If necessary, repair any leaks and retest entire assembly Wltil achieving satisfactory result Insta1I sprinkler heads only after approval of test results by the Architect. C. Final inspection sba1I be made when the complete system is in place, opernble, and aU repairs, additions, adjustments, and other work is complete. At such time, the Contractor sha1I adequately demonstrate the proper operation of the system, sba1I show the system's complete confonnance with the specifications, and demonstrate that the inigation system gives proper and adequate coverage of all landscaped areas. D. Acceptance by the Architect and/or Owner in no way removes the Contractor of his responsibility to make finther repairs, corrections and adjustments to eliminate any deficiencies which may later be discovered. Moreover, the Contractor sba1I fully honor the one-year warnurty outlined herein END OF SECTION 040223080 02810-14 REG =FMIAMlBBACHl999G,O,BOND :: = ~ ~1,tJ': I: PARK IMPROVEMENTS FISHER PARK w~ I.. 1111. If . IU..P...... .AAllaaIold Attachment 2 1:-_'-. MliDiBcldl.H.33J.40 (1 Page) , I q .11 , . 1111 "',..1111 !lA1I: l/I-H mBlUN IIYIIIIt &. D <t o OC ill OC <l: :3 <[ ---1 W a APPRO)(IMA LOCATI OF' C<:lNTl'Ol. &T&TEN ENCL.05U~. yJr.} /- --" .' x "..--- _....., I , ---- , ~ \~1C~;~ 6 AREA .-- --J 5WALE -0- NEW ::>ECORA lYE FeNce r COLiJ!'1N. see $l1eeT ^ A;.2 FOR ET AIL ~ I I I . ' 6= y. 11. STA~TING POI T FOR "ENCING LOG TION. NEW TO RUN P Ii<ALLEL TO FROP. LIN . \ ,- ./\ \,__.l "/7' I , // .: ."'" .' ') ( TypiCAL '-'C FAR<ING SluN. , ro' -.,... ..,." ' . , ,f\,) :1J1 . , .....1 I , . , .5 . It. \ "+ _.,'\:-" '''"' t~ EDGE O~. ASPI-iAL T PAYEMEf' TO OUTS' E FACE OF EXiST NG MASON FENCE - FIEL::> NEuJ !-lAN ICA"'P PARKING INTERLOCK G PAYERS 0 ~ COMPACTED FILL ilJIT!-l 6" WI CONCRETE FERIMETER CI,; NEW CONCRETE Y GUTTER TR.AN&IT! FROM ASF"I-iAL T T INTERLOC'::ING PA TYPICAL PAlO!!<.l SPACES ON CO, PAveRS FARTIAL 5iTE FLAN SG4~!:III." = 1'-.0~ REG ....cHIT'Cr$ ./" T S If 1011 S .~LANN.1t8 IlItO.I'OAA'rIA las. DDlDJD'GHWAY nlTllJl 1lIIST PALM .eACH n.DImA l~1 t5, 1)"'9.1] I J PROJECT: CITY OF MIAMI BEACH 1999 G. O. BOND PARK IMPROVEMENTS FISHER PARK 50th &: Alton Road Attachment 3 Miami Beach. F133140 (1 Page) JOB 19'1007 PhD DATE; 07-09-01 Silt Plan REVISION: .& CITY OF MIAMI BEACH 1700 CONVENTION ceNTER OR/VE. _I BEACH. flORIDA 33138 1Iltp:\IcI.m_.... -- ---- -- - ~~-- --- -- -------- -~- -~ -----~------ -- ~ ------~----- -- PROCUREMENT __ T......... (301) _7_ '_(301)__1 INVITATION TO BID NO. 40-00lO1 ADDENDUM NO.3 July 27, 2001 GROUP" A" AND "B" PARKS IMPROVEMENTS PHASE U i; amended as follows: I. The Bid Opening date is changed from July 31, 2001 to August 14,2001 at 3:00 P.M. Inasmuch as this change does not materially affect the bid document, proposers are not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMl BEACH /::~ I t....;- L Gus Lopez, CPPO Procurement Director je CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE. MlAMIIlEACH. FLORIOA 33138 hIq::\\CI.-...... PROCUREIIENT _ TI..phou (301) f73.7411 ,_ (HI) 1n-7111 INVITATION TO BID NO. 46-80101 ADDENDUM NO.2 July 16, 2001 GROup. A" AND "B" PARKS IMPROVEMENTS PHASE n i; amended as follows: t. The Bid Opening date is changed from July 20, 2001 to July 31, 2001 at 3:00 P oM. Inasmuch as this change does not materially affect the bid documenl, proposers are not required to acknowledge this addendwn to be deemed responsive. CITY OF MIAMI BEACH /'i ~ /~:-:~ I c.,'" I. Gus Lopez, CPPO Procurement Director je CITY OF MIAMI BEACH & 1700 CONVENTION CENTER DRIVE. MIAMI BEACH. flORIDA 331311 1Illp~1cI...._..... ~~~---~-- - ------------------ ~---~--------~-~--~~~~------- - ----~---------~-------- - --- -- - PROCUREIIENT _ T I ."-,, (301) 173-7_ F_ (311)17),7111 INVITATION TO BID NO. 40-00101 ADDENDUM NO.1 July 9, 2001 GROUP - A- AND -B- PARKS IMPROVEMENTS PHASE n i; amended as follows: I. The Bid Opening date is changed from July 12, 2001 to July 20, 2001 at 3:00 PM. inasmuch as this change does not materially affect the bid document, proposers are not IeqUired to acknowledge this addendwn to be deemed responsive. CITY OF MIAMI BEACH /;~ I t..."- I. Gus Lopez, CPPO Procurement Director je .. - THE AMERJCAN INSTITUTE OF ARCHITECTS . AlA Oocument A110 Bid Bond KNOW All MEN BY THESE PRESENTS, !Nt_ .... .... .... .... ___ ....... 1M ..... .. .. c....~ TlUNTEC CORSTIl1JCTIOIl, DlC. as Prindpal, hereinafter ailed the Prindpal, and --....-...--.........s....,t GREAT AMElUCAR DlSUKARCE COMPANY a corporation duly orpni.zed uncler the laws of the Stale of 0bJ.0 as Surety, hereinafter ailed the Surety, are held and firmly bound unto ..... .... WI __ .. ....... ., ..... ....., 0-.1 CITY OF KIAHI BEACH, FLORIDA as Obligee, hereinafter ailed the Obligee, in the sum of Five Percent of Aaount Bid. eolian ($ S% of Bid. l, for the payment of which sum well and truly 10 be made, the saiel Principal and the said Surety, bind ounelves, our heirs, executors, administrators, successors and assigns, joindy and sewraJJy, firmly by these presents. WHEREAS, the Prindpal has submitted a bid for ......... .. ~ ........ A.._'r' '" IIIOiCO Parks Improveaents A & B Phase II NOW. THUEFORE, il .... 0bII... tholI .... .... bid of.... M.lClpoI ....,.... "" c'p'" tIloIl _ iMo. c-.ct wid! .... ObIi... in ......- willi .... _ 01 ouch bid, ...., ... ..... ........ <It....... . _ ... tpICiIIod in Ihe ......... ... C-bKt Oacu........ _ FocI ...., .../IIcieM ...my .... .... lailhlul ,.. ""'-- 01 ouch Caootrod ...., .... .... ~ ...-, 01 !.bot and _ IumilMd ill .... ....--. ......,. <It in IIIe _ 01 .... W- 0I1IIe ,....... III _ ouch C-bKt and aM ouch band <It bands. iI .... Principal ..... pay III .... 0IIIIt0e... ,- __ _ .. ...... Ihe ~ ........, ...""..." .... lmOUn'lPICilioct .. aiel bid and ouch ...... _ "" which IIIe 0bI_ _ in ...... Iallh _ willi _ 1M'" III periann .... Waft .......... by uicI bid, ... Ihis -....... tIloIl ... ... and 'IOicI. ~__ III __ In lull lara and o<<.cL Sisned and sealed this 6th day of August , 2001 DIJlTEC COBSTIl1JCTIOB. DlC. I ~ ,PQ "~h - lTiIIeI lSeaIl gY~ IW_I I ,Sft/I ..... CIOClJAllNT .uw. "0 10"0 . AlA . . ,naUAIl'l' ",. ID . THl AM'.,CAH INSTITUTl 0' AAQt'TlCT5. ms ".Y. A'It.. N.W~ WASHINCTOft. o. C. _ 1 ,- '-. ' ( "J ~.. .u._..aft _UtCE ml.lIl.lIN' 180 WALNUT STREET - CINCINNAn, OHIO 41202 -113-318-1000 - FAX 1113.723-2740 POWER OF ATTOIUUY TlIe D_ber 01 perIODI autborized by 1hia power of attOl'DC)' illIOt 180'" \baD FIVE No. 0 16776 KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a COIpOrIIioD orpaized ..... exiatiDa uDder ODd by virtue of \be laws oflbe Swc of Ohio, does he",by nolllillale, collllitu"'..... appoint the perIOD or pertoDllllllled below do true .....lawful attorney-in-fact, for it..... in ill name, place..... stead toe""""'" in hehalf of the said Company, u sumy,oay..... all boIIds, UDdenakinp ..... contradl of suretyship, or olber written obliptions in the _thereof; for all obtipes includina oay..... all CODIeIlII "",aired by the Departlllellt of TransportatioD, Swc of Aoriel.. incident to the releue of retained pen:enuaes 0Dd1 or final estimates; provided that the liability of the said Company on any SlICh bond, undertaking orco_ of suretyship executed under this authority shall not exc:eed the limit stated below. Name .:::HARL!S J. NIEUiCN CIf1\RLES D. NIEUiCN WARREN AL'lER IXNUD IJ\MBERT w.RY C. ACfNE'S Add..... ALL OF mAMI IAKES I F'UlRIIll>. limit of POft< ALL UNLIMI'ln> This Power of Attorney revoltes all previo... powers issued in hehalf of Ibe attomey(s)-in-fact named abo",,_ IN WITNESS WHEREOF \be GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by ill appropriate offlcen ODd its corporate seal hereunto alflXed this 8th day of July , 1999 Attest GREAT AMERICAN INSURANCE COMPANY ST ATE OF OHIO. COUNTY OF HAMILTON - ss: On this 8th day of July I 1999 . hefore me penonally appeared DOUGLAS R. BOWEN. to me known. being duly sworn. deposes and says that he resided in Cincinnati. Ohio, that he is the Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority. This Power of Allomey is granted by authority of the followiDg resolutions adopted by the Board of Directon of Great American Insurance Company by unanimous wrillen consent dated March I, 1993_ RESOL VED: Thallhe Diruion President, lhe several Diruioo Vice Presidents and Assislanl Vice Presidents, or anyone of them, be MId hereby is authorized. from time to time. to appoint one or more Attorneys-In-Fact to execute on beh~ of the Company. _ sun:ty. any and all bond~ undertAkinp and contracts of suretyship. or other written obligations in the nature thereof; to prescribe their respective duties and the respeaive limits of lheir aulhorily; and 10 ",vote any such appoinlmcol at any time. RESOL VED FURTHER: ThaI the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistanl ~ of the Company may he affllled by f/ll:Simik 10 any power of anomey or certifICate of either given for the e"",,ution of any bond, utJdena/r;ing, contract or su"'tyship, or other written obligation in the natu", thereof, such signature and seal .,heo so used being be",by adopted by the Company as the original signatu", of such offu:er and the original seal of the Company, to be valid and-binding upon the Company with the same fo= and eff<<t as though manU1llJy affllled. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of G....t American Insurance Company, do ......by cenify _ the foreaoina POft< or Attorney and the Resolutions of the Board of Directon of March I, 1993 ha"" not been revolted ..... .... now in run force ..... effect. Siped ODd sealed this 6th day of August 2001 Sllne (I 1/97) tFLORIDA) . BID .... . l1li1 BID I'IlOI'O&\L lOR GROUP -.4- AND -B- PARKS IMPROVEMENTS PHASE 11 PROPOSAL PAGE 1 0Jl' 7 . PROPOSAL 0Jl' -re\~Te::.. ~.:&~eJCtQ:) \~ (Name) 78'CS N.b\ to {tj ~ST t"IO'Z.. \...ll A'"M I X 331 ~ (Address) (FOR) ~1he ~ ""'".-' aod de8c.ibod in 1he - ""d Nolice1D('~ aod wbich said ~ III'e tWiIV"....! as 1he GROup. A" AND "Jr PARKS IMPROVEMENTS - PHASE n aod IIIfJre pruticuIarly set fcrth berein. SUBMITI'ED 01.:..al 20~ TO MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA: We 1he 1""'-i~. bm:by dIIcIIII'e that DO palIOII or pet" '"" fim1 or ~.... Olber 1bm 1he ....""~ III'e hA...... in 1his Plupuad, 18 il";'."'~" aod that this ~ is IIIlIde widwt 1'()I1...inn with any palllIII, firm or GilltJl'.~liQn. aod welBve aaefuIIy SDd to our fidl"';,~ ".-..:IV'>j!he attached Notice to CooIractln, General Proviaioas, ~. fix MaIaiaIa SDd Cooslructioa Methods, SuppIM~.IK;i Qwvliti.""\ aod tixm of ('~ aod Boad, ~l... wiIh!he IIC> ...,-'1"" PIaDs, aod that we have IIIlIde a fidl C>-...:....I~.. of1he Int.tritwt of1he il"....-d Work aod !he lIllIm:S of saglIyaod...........k, Diwebm:byap:e101iImiIhall :"'.....~~K n..I'~""i.oq~"-.....wi.u, 1DOIs, IDIlaials, Iqlp!ies, labor.lIIId 0lber1biDp ''00 'Y1O!he prn-ootitwt mll"',~,,, c{!he 'MlIk, fuRy .......ob.d....tiQg that !he cp_~:Ii.". sbown in 1he Nolice 10 O..I._ll:.u Di Plupuood III'e _...~.- only. aod that we will fully .. ..,.I.elie all- i wade in ~dl.a...., wiIh !he PIam lIIId !he -1wJ Sp;.;&,~ Di 1he 1'eqI'l>~,~''''1IIder Ihem c{!he ~lll"" widIin 1he time limitV'~lWl in dis Propoeal fix !he fiJUowing IIIIit prices to-wit: BID NO. .......t DAn:: ~Ml atYfJ'MlAMllIEACII 4 BID Ne.......l BID I'ROPOSAL lOR GROUP-A.- AND-B- PARXSIMPROVEMENTS PHASE 11 fIlOPOSAL 'AGE 2 OF 7 . AD bid ilrms sbII1 iDI:Ude CllIIllI ir 6...:.I.~'K 1ll1be ar.y aD ..-n..t, ""'~ lIId qJpIies lD1 ir all aJlIl iDcumld in ,...,.Iof:''81be WIIIk, ;"..h.... iMR1hmnn ofaD IIIlIIrriaIs. CIlI'~ md "wi;"" 6........... ~ in place md lady ir .....,,;,.wwt service, inc-.hm,g all tie-in 'MlIk md 1aling. all Olber labor, permit files, 1aUS, inlall'lln<'#, m~ costs, ovabe8d md profit. The Cuuh.....tu. sbaIl be s.._~ Compl-4ed with die Work witbba oaHtllDlhed-atedlt (120) caIeodlIr days aila'1be _ when 1be CooIIact TlIIIe <>.,..~. es 10 lID as provided in ~ 2J of tbe Geoera\ ~ lIIId ~ md 1'e8dy...... paymeat in ~I.~ wiIh .--~ 14.13 oftbe Cleoeral ~ wIdIIa 0IIHIuDdncI.ftl (lSl) ....... da)'l aila'tbe dale when 1be 0--- Time ....._.~-:e-1Onm. s,~~ -r~J T~t-' '1'4,lf .... ~~ ~ eo BASE BID: S :00, O~'\- I 1 -r1Ne^~lJ,r"(L. ~\,~ WriIIm AmowIt . !ilTIl.'.WATER PARK.: ADD ALTERNATE #1 (6' hiDted Steel Pkket FelICe. CMU CoIumus) s~ ADD ALTERNATE 12 (GaIYuIze Dip III F_ Materl8lt) L S'Feaee s \~\'1~- S~ b. 6'Feaee BID NO. .......t DATE: 6/tMt atYOFWAMlEACII 5 BID .... . II't1 JIll) I'IIOI'OML lOR GROUP _,,48 AND -B8 PARKS IMPROVEMENTS PHASE n I'IlOI'OSAL PAGE 3 OJ' 7 . QE-VlPARIi BASE BID: $ l.QO Ui- S)(~ -r~ I T.,.)Q ~-+ -r~ ,JU\G- clo\-Ws WriaID Amolllt ADD AL1DNATE.l (6' hlDted Steel PIcket F_ &: CMU CoIumM) s '1(,.. ,IoRS . ADD AL1DNATE tn. . (GlIIvaaize DIp all F_ MaterWs) L 5'Feace s 110 I..!:jR I~02'L b. 6'Feace $ TAnJMPARK: BASE BID: S 6 I 0'1l.. :i:U.u Oro__ -rV1o~1 ~~~t! f l0-~GruL 0' WrialDA__ ADDAL1DNATE.l s_~5 02l- (6' hlDted Steel PiclIet Frace &: CMU CoIuDmI) ADD AL1DNATE tn. (GaMDba Dip all F_ MmrfaIs) b. 6'Feace s '2-B4~ S~ L 5' Feace BID NO....... DATE: '-'1MI arYOPMlAMlIEACII , BID Me. .1111 _IWJI'OIALJOIl GROUP -..4- AND -.- PARKS IMPROYBMBN'l'S PllASB n fIIOfOMLP.ua 401' 7 ~ .' BASE BID: I z:z {;" t. b T'tO~~ ~;~At..--/J~~A W.... :J( =- ADD AL'lDNA1E 11 I ~ '22> '1_ (~DIp"F...~. ~) r-P5 S~ .. I '-I ~ !f Z ADD AL'lDNAD a (UIIit Plmr I'IrIIIDaArea willi 0...... 0Irb) ~ BASEBID: $~ &~~~D ~UI.)().-.1d I l)l~ ( ~AAI\f'l...d~ S)G~- w.....- <J ADDAL'lDNAD 11 (GIIvuIze DIp II FeMe MatIrtIII) $ 612~ ~ . BASI: BID: .-' 00, 0 ~ ~rUIJt\~l,.,l ~~Y\J..+ <3))(I..~~. h.... oL,nlU'S. w......- ~ s 5115 o#"P g ~~Z4- <<IJ CDY..OO:-.... 1f~ a..M'1 ~~ ADD AL'lDNAD 11 (a......DIp..FeMeM*. '<I) BID NO........ DA'IE:~ BID"-- . .... BID I'8OlOIW. Jal GROup.A- AND-B- PARXSIMPROVBMENTS PHASE n notOI!L\L PAGE 50F 7 ADDENDlJMACKNnWl~ ADDENDUM DA'Im SlGNA11JRE OF PERSON SIGNING BID I~ ~\~ . No. ---L-- 0701C I ~ =-h No. ~ e7i;.;~j , . No. ~ C;'J..7f~j ~~ ...:~. '-i c %0;;<.0 , --.. ~ . -.:a<-- Bidder~ all ortlle llUDS _.......ho.... ortlle Biddida rw.~' ""'l8 wIbout Ii",i"",:.nn 1boIe cJ-1iIJg wiIh tile di"...hw. ortlle ~ 0Imamy. In d......:... dill Pa~ BiddertDlkaall."P- ~.Ii.lCISftIqUired by tile Inslruaioos 10 Biddtalolllld funber WlIIIlIIIIS lIIId '''P-~ tbat . a. Bidderllls...-..:-J c:cpaorall tile RiMiI!g rw.~. tile Noti:elO ~ tile Pwp.-l Req.JiIaDads and ('~ IIId tile foIIowiDg .AtItIoond. (ftlCeipt or all wbidl is baeby acIa1owIedged): b. Bidder bas limiIiariad ilIelf with tile IIIIIIre IIId __ of tile ()vnosri rw.""""" Wed: SUe, LocaIily,IIId all Local OJMitiMs lIIId Laws IIId ~'7.I.m.- dIIt in 8IIy ......... may lI1rect COSl, ~..... p"'&......~ lr 1I~ of tile Wade. c. Bidder bas IbJd!ed care1iJIIy all RplXls IIId dIawiDaa or subriudice .......&tinno IIId dIawiDaa of physical roMmo- wbidl_ i<b~;fiw1 in tile Suwb.~~...iC............as provided in r..~ 42 of tile ~I C."'it.." IIId acceplS tile dt-.-...lMlioo set tbrIh in Fm...,A1 SC4.2 ortlle s.p'-".'i CJ"OVtiri..... oltlle llllIie1It of tile .....1....,,1 cilia ...~..j.1lld in sud1 tqlOl1S IIId dIawiap .. wbidI Bidder is caided 10 rdy. d Bidder bas .J~.:...... _ can:fidly SIUdied (lr -- JeaauooihiJily ix o1~.:..:.., IDd ~'1ly -.........., aII-....... . ~ . ,. .... --' --"- (i ~f' . -7-., ZIUIiiI.........-....--.. ~tlll'Wlf\ av---'I............... ~ 111 M_ fi... 10 or to ..."oIP..._:nllllll8e ...&u..d 10 in (b) Ibow) wbidI peIlBin 10 1be .."'- lr phyIical ooowfiri.... It tile. lr odawiIc may lIf&atlle COSl, }lO....-.-' ...--'" lr fl........... of tile Wed: It tile c- Price, wiIbin tile ('~ TlIDC IDd ill ~..... wiIh tile odIr.r1r:lms IDd 00""'1..", or the ennn- t)ocI_.. .......... ~.iA..JIy tile pIOYiIioaI or p.....,J. 4.2 or tile Q-nl C rIiti. --' '.'. 1 .. . '''''; oJ.' - ..:....:..... .l"ft, .....,...110....1-- 'li.uDl...._I_-~m All ~ap -"'-~-..RplXlsor~ ;..li..._n... lr dala lie lrwiD be RlqIIired by Bidder ix u::h P'T"" BID NO.....t DA1'E:M1MI aJY(]PJl&\MI-.u:B . BID No. .1H1 BID I'IlOI'OSAL lOR GROUP -A- AND -B- PARKS IMPROVEMENTS PHASE II ftlOPOSAL PAGE, or 7 .. e. Bidder... twiewecllIId dl<<kDd all ~ 8IId dIIa sbown or Mi."",...j in tbc ('.()IIhlIrt rn._ willi 1apect 10 e>isri"8 t1Dde1groond Fa:iIities at or ~""JS 10 tbc. 8IId _- ""'I">.oihiIaybtbc lIllCIDle~,........ ofsaid Undeqp:wId F""'1iriPo No ""drinnal v-..~....r'..1II&, iIMsti~ "'T'--"'~,,, 1allI, tqlOIlS or similar iufi..."".... or data in Iespect of said Uudeqp:omd F8Cl1itiPJt _ or will be RllpIin:d by Bidder in mIer 10 i'"fuuu and fimiIh tbc Work at !be r-...,.. Price, wiIbin !be CCIIIIlICt Time 8IId in ac...udlu...., wiIh !be 0Iber tams aud '" ."'~ of!be ConIract noc._. incllldi~ ~ :fl,,,,,ny!be JIOVisilD ofl'al~ 4.3 of!be Geoeral Cooditioos. t: Bidder ImCXlll'elaled!be RSUIts ofall such obIerYaIioos, ........;......'$, i1M,,;g,'i.... ~...:.....;, 1allI, reporIS IIId studies wiIh !be terms IIId CiQI1diri.IIl8 of!be ~ DocumeaIs. . g Bidder 1m gMm!be CiIy wrIlm DOlice of all ,. .,n..", eaas or di8w~~ dill i11m disaM:n:d in !be Coolract DocumenIs 8IId !be written resolution 1bereofby CiIy is IC<qJlllbIc 10 Bidder. FIRM'SNAME(PrIDtorType): -re\~ec.. ~~C110~ \~C . SIGNATURE: ~~ ~ TITLEIPRINTEDNAME: ~1.UUA.. c;;:?,.-I+-I~ ,7e~'l?~ ADDRESS: 72r..'?l ~W ~b~"e:.\ ~IO? \J.\'fWl\l::1A... aa,<"c. TELEPHONI:NUMBER:~ FAX: 3fU Jfb~ o:;t:10 BID NO.......t DATE:6IIMt atYOFHAMI~ , 1be,_A .....fbllllir.......,_I....a1..... ~ "E&taa Wodt"..~bialben.-.11IIlI &~_.......~ n....iIioaIlIIlI.. tlUClfledle fit........ o--wilbia _<IO)...--._dIe cIIIie 00 wbidl die NaIice of Aw.d'" been sMa. 1be.......""'9-' hlber..... to .......0HI0 - v.ak IIIIdcr 1hiI c- 'lriIbia __ (7) dIya IlIowiaa die cIIIie .....1. .....,d 00 lbe Notice lD I'locald by lbe aty lIIIlI lD ~~..; ~i..IIy C"1~ lbe Wadi: IIIlIlD fully IIId FIIIIIly Ch'1 _lbe Wadi: wiIh lbe Crontrsn Tmc period. flipt1J till lbeAill'.......... 1be'll.....4tvwl ,..beupra to pi)' .~;.t-t...., i fix each <,.""".me '1I1N..tw day_.- after die C~ Slt.,-......I 0 ..~ cIIIIe Ib8t die Wadi: ~ is DOt ...--I!y C\.,~tcd, IIIlI beach oonsecuIive ............ daylb8t pIIIeS afterlbe ~ FmaI CooIpIelico dire !bat tbe Wadi: is DOl ~ IIId ready fix IinaI plyIIIlD. tbe ......1IIbI ofliqlrittorted .1-,,- beiDg . SIipuIsr.ed ill tbe Aal".d.WIt 1be l~gJI""I hlber apes 10 fiImish lUfIil:iatt lIIIlI ...,;do. ....1 baud in lbe SlIJl alDOl_ dm1 <IOO"~) ~ pelteIIt ollbe ".~..d price altbe WllIk. The lII..b....MJ bbr agRlCS lD bear fuD cost al ""'inlAinirlg aD work 1mIi11be fiDal ~ . provided ill tbe Geaaal Provisioas. Ace- ..,-jiog 1biB Proposal is a Bid Baud made ~ 10 tbe City ofMi8mi Beacb, Fbida in tbe sum of 5% . 'f3Jf/ (30..lP . DollaIs $ Bid Bood is lD be MiIW as IicplidmtPwl tlmnll8"'" it: in cae this Proposal is ~ die I~ shaD fiilllD em:ule die lIfID<ohM ~ IDIder tbe ~ oflbis Pt....-l; Olbcrwise, said Bid Bond is 10 be ,...........t to tbe I~ upon tbe ~ ~f~d;w,t..: Bond. SignatUre & Title ~ k.. ~oe....:rt . Address ~ I'i ~ ft:k ~ -r ., 102- "-' I A"M I ::tL as 1<.:.6 Te1epboDe Number '3,05 -41R - o~ BID NO.......t DATE: "'-till aJYOFHAMlIEACII t. CONI'ItAC'IOIl' Q1JI'Sl1ClNNAID NOTE: I . --.. - ,... ~ to .... p''' -'-- II ......... ...1& .L.... "- ...U _.. .....-.,.1/1 ........ I"TI - - ~.... " ...1IId. S\i.-,.:IIO<! to 1be Ma)u IIId Qy C....... . ., af\be Qy afMilmi Bed. Fbida: By .,-~l~_ r1\~I2Ilt"2'In..'\ IN/" PriDcipalOmce nb6 ~bLW'I~sT-ttltl2- U HtW\I ~I~ . How IIIIIlY years bIs )'OIa" "'V..i..,:.,.. beaI in hom-.. IS a Geacml C:.&...... 1DIer)'Ola" peaeot h..a.- _1 ~ Does your oqpnn-m 11M c:maIl ()OOo ,....~ .1111" ....te& ~.';II.... it 10 do \be 'MIlk Co ..-.,.Ja1ed in dIis Contract? -P- S1aIe of Florida nrn,~ IiceDse - Slate type IIId number: Dade Couaty cerlificaIe of ..........'--1 - Slate type aod ..tmhor.~ City.ofMilmi Beal:h nrn,...'~ ...11icaIse - Slate type 8Dd mnn~ - Include c:qIies of above li.-- aDd cettifWt- with jXOpOaid. How IIIIIlY years ~ in similar wade bas your <lfI!I"'i7oorinn bad? (A) A8 a Geueral Comnctor "3 (B) A8 a SIil-CoDIractor - C> - (C) What 0..1.- '" has your <Xl!I"'i7llrinn ~ C.ontract Amt. CIsss o(W<d: When CcqlIded NamelAddress o(Owoer ~c btT...('~~ U<!;!..T. Have you ewr bad a Co..'-~ ~",,"""~I (IS prime COIIlrlIl:taror SIJb.c.."'-ll_.1IIIIIl:r "":":''il'''.'''''''' _ or IIIIlJlber ....it.....,. _) due 10 fiiIuIe 10 canpIy with ......_.....1 tlpeCifi. ...v-.w1 .. ~ {'\ If so, ~ aod why? - ~ll!. - Has any ofIk:er or psrlIIe! ofycu .......: ...... eYa' liiJllcIlO """"V- a CXlIIIlriIClian 1,;0 ..._:t h.n.tI..t in his own _1 ~O If so, Slate _ of individual, IIlIIDC af CJWDer, aod a:ascm 1baeof AlJA- . BID NO....... DATE: ~Mt aJ'Y (W IlUMlIIIEACII 11 Inwbltolbcr....afh--Il'C'OU...- lodIfL... . h~"iJ fl _~C- Give ''''-~1D~~-:~1~ r .......... Wbal ecp~ do ,ou own .r is awiIIbIe ilr die P.....-t walt IIId wbrn IoaIlIed? J D9IJJ..I. ^ . . Wbal sa or 81mb have,ou .....W'" 10 do h..;.- widuuiag die CCAIIlIe oldie C--1bouJd it be awanled 10 yau? o-~~ Please list die IIIIDlllIlIIId add! I rl oCtile SIJbo...I'_'\llQ 10 be UICd utile pcrDoos oldie vrodt IislId below. . ~KLde gledv-ic. 'l<emo\r I III oueH".e.S 5'J2A JIJ 151 S1' HIA1"\\ kQ.~ QI/,5 tJtJ q"fIJS1 mEL:U.f H;;m1~ .AW~'N~ '3't06"" ,,11.1 3\ Sf I><< t:. U l-A-M I l_~~""'-::J::"-- . / '~<~ , (SEAL) (SEAL) lID) NO. ........1 DATE: fliRt arY OFMlAMlIEAoCII 12 GROUP -..4- AND -B- PARKS IMPROVEMENTS (pHASE II) aJSTOMI'.R REFJ:RENCE US'I1NG 0... . ......irk. ............ n..... r,Md. 1 "LII . .U,. .. .......(4) ....pt. ..._' .. fDrwllldadleo... .lOw ..,.....f*h...III'.",...... Scope of Work . tllllfa ijea. 1) ~Nsme Address ~ (s) &mrYIU11ICO~D'\S _!t1 N~ 'O~ ~, . ..-.-: ~ Coatact h....llIICo.IilIad A-.t \0.-.\ ~l.-M EIe.. ~l&ro, ()Oo - TeIepbooc Number 306. I-t I ~ - '12.3 e 2) l"""l""'YNsme ~Iolt.eo ~,.J...\OUS\n~ ..AJ+WY\ ~. . Address /77E> N. 5rnt€ '2J 7 Lavee".rllll. Coalacth......JCGatndAmouut ~eet\PA ~Jlo1.- I '!.~, 000 TeIepbooc Number Gi64 . 7:Yj' II'lf Err ~7 cOqmJyName IJOUHS1'~ ComtYlUiUICAt'IOrJS'" Address I {)4B to AI JJ !!, / g 1 1'" ~ ).-1/ fh'Y1/ Coalact "'-'Coatnd Amouut -::sD\-IN '"Fs&I'Up. NAN I ~, 00 0 Te~Numbcr 3t&-5I4~-'.?lCi?;le . C~Name ~ ~ ~(\\1)S <R81~ Address 3134 ~ ~1 C9nWth....MC4IdIk.&ADmaDt ~~ Qo.\l'Yll,)~ot:z./~ ~.:n~ / ~~, 00 (!) T~ Number p.,rn kl.Y b h 22-4 3) 4) BID NO......t DATE: "lMt arY Otr\l&\MlIEM:II 13 AGREEMENT THIS AGREEMENT made this 5 day of September 20~ A.D. between the CITY OF MIAMI BEACH, a Florida nnmicipal COtpolation, hereinafter called the City, which tenn shall inchxle its successors and assigns, party of the one part, and Trintec Construction, Inc. 7865 NW 66th Street #102 Mtami, Fl 33166 hereinafter called the Contractor, which tenn shall include its heirs, successors and assigns, party of the other part. WITNESSETH that the said Contractor for the consideration and compensation herein agreed to be paid and the said City in consideration of the construction of improvements to be done by said Contractor and designated "GROUp. A" AND. B" PARKS IMPROVEMENTS (pHASE 11)" by said City, do hereby mutually agree as follows: 1. This Agreement shall extend to and be obligatoI)' upon said City, its successors and assigns, and upon said Contractor and its heirs, successors and assigns. Neither this Agreement nor any part thereof nor any part of the Work herein contemplated, shall be assigned or sublet, nor shall any sums of money provided to be paid to said Contractor be assigned by said Contractor to anyone without the consent of the City Commission of said City evidenced by its resolution. 2. The foregoing pages of this booklet, including the Notice to Contractors, the Proposal, and the Contract Documents and such alterations as may be made in said Plans and Specifications as therein provided for, are hereby referred to and made a part of this Agreement and the tenDS and conditions set forth therein, except when in direct conflict with this written Contract, are as much a part hereof as if copied herein. If conflicts exist between them and this written instnnnent, only that part of the matter in direct conflict herewith shall not be construed to be a part hereof. 3. The Contractor shall commence work within seven (7) days of the Notice to Proceed and shall conslJUct and complete in a good and workmanlike mmmer the materials herein referred to, strictly in accord herewith the following: 3.1 The Contractor shall be Substantially Completed with the Work witbln one-hundred- twenty (120) calendar days after the date when the Contract Time commences to nm as provided in pamgraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within one- hundred-fifty (150) calendar days after the date when the Contract Time commences to run. BID NO. ~Ot DATE: 61t9l0t mY OF MlAM1 BEACH t4 3.2 Damages - City and Contractor recognize that the City will suffer direct financial loss if WOJk is not completed within the Contract times specified in paragraph 3.1 above (or a1temate bid item No. I, if awarded by City) plus any extensions thereof allowed in accordance with Article 12 of the General ConditiOllS. They also recognize the delays, expense and difficulties involved in proving in a legal or aroittation proceeding the actua1 loss suffered by Owner if the W 0Jk is not completed on time, and therefore time is of the essence. Accordingly, instead of requiring any such proof ContIactor agrees to forfeit and pay Owner as liquidated damages for delay (but not as a penalty) the amount of Three Hundred DoUan ($300.00) for each calendar day that expires after the Contract Time specified in paragraph 3.1 for Substantial Completion until the WOJk is substantially complete. After Substantial Completion if ContIactor shall neglect, refuse, or fuil to complete the remaining Wotic within the Contract Time, Conttactor shall pay Owner Three Hundred DoRan ($300.00) for each calendar day that expires after the time specified in Paragraph 3.1 for completion and readiness for final payment. These amoWlts represent a reasonable estimate of Owner's expenses for extended delays and for inspection, engineering seIVices and administrative costs associated with such delay. 4. In such construction said Contractor shall finnish all implements, machinery, equipment, transportation, tools, materials, supplies labor, and other things necessary to the execution and completion of the Worlc, nothing being required of the City except that it may, at its expense, supervise such construction and enter upon and inspect the same at all reasonable times. 5. If any dispute arises between the City and said Contractor with reference to the meaning or requirements of any part of this Contract and they cannot agree, the more stringent requirements shall govern as determined by the City. 6. If the Contractor shall complete the construction herein contemplated in a good and worlananlike manner within the time herein specified and in accord herewith, the said City shall pay to the Contractor the contract sum in accordance with the Conditions of the Contract The City, by allowing Contractor to continue with said construction after the time for its completion hereinbefore stated shall not deprive City of the right to exercise any option in this Agreement contained nor shall it operate to alter any other term of this Agreement 7. The Contractor shall file with the Procurement Director of said City of Miami Beach a Perfonnance and Labor and Material Payment Bond, each in the amoWlt of 100 percent of Contract Amount, in the form as set forth herein or as otherwise approved by the City of Miami Beach City Attorney and shall be executed by said Contractor and SW'Cty Agent authorized to do business in the State of Florida. 8. The Contractor shall file Insurance Certificates, as required, and they must be signed by a Registered Insurance Agent licensed in the State of Florida and approved by the City of Miami Beach Risk Manager. BID NO. 40-00/0t DATE: 61t9/0t ClIY OF MIAMI BEACH t5 9. All docwnents shall be executed satisfactorily to said City and until Bonds and Insmance Certificates have been filed and approved, this Contract Agreement shall not be effective. 10. Owner shall pay Contractor for perfonnance of the Wotic: in accordance with the Contract Documents in cum:nt fimds at the hnnp sum or IIllit prices presented in the Bid Proposal, attached to this Agreement The parties expressly agree that the Contract Price is a stipulated sum except with regard to the items in the Bid which are subject to writ prices. Contract Price: $ 468,357 11. The Contract Documents which comprise the entire Agreement between City and Contractor are attached to this Agreement and made a part hereof. The Contract Documents may only be amended, modified or supplemented as provided in the General Conditions. IN WITNESS WHEREOF the said City has caused this Agreement to be signed by the Mayor of the City of Miami Beach, Florida and its corporate seal to be affixed, attested by the City Cleric of the City of Miami Beach and the said Contractor has caused this Agreement to be signed it its name. ~)t ~ (SEAL) CITY OF MIAMI BEACH .,fA Contractor By J:i:rl ~ UA ~e;..WA\tt'~ (Authorized Corporate Officer) Mayor ~\tc='~ TIde ATTEST: ~~Q~ City Clerk BID NO. 40.00/0t DATE: 61t9/0t APPROVED AS TO FORM a LANGUAGE aPORlXiCUTiON '., ~~ /o{:i/ CITY OF MlAM1 BEACH ~ t6 '\:{- '\ THE AMERICAN INSTITUTE OF ARCHITECTS I MA Document A372 Bond No. 5 4 3 94 97 Performance Bond Any singular reference to Conlractor, Surety, Owner or olher party shall be considered plural where applicable. CONTRACTOR (Name and Address): Trintec Construction, Inc. 7865 N.W. 66th St. 't02 Miami, Fl 33166 SURm (Name and Principal Place of 8usiness): Great American Insurance Company 580 Walnut St. Cincinnati, Ohio 45202 OWNER (Name and Address): City of Miami Beach 1700 Convention Center Dr. Miami Beach, FI 33t39 CONSTRUCTION CONTRACt Date: Amounl:$468,357.00 Description (Name and Location): :Group "A" and "B" Parks Improvements Phase II Improvements to Stillwarer Park, .Crespi Park. Tatum Park, LaGorce Park, Fisher Park BOND and Island View Park Located Throughout the City of Miami Date (Not earlier Ihan Construction Contract Date1: Amount:$468,~57 .00 Modifications to this Bond: 0 None 0 See Page 3 CONTRACTOR AS PRINCIPAL Company: (Corporale Seal) Trintec co:::~ Inc. S ignalu re: .:::::::::J-... Name and Title: ~~I..IA. g~AnC--r'- 'Pl2.E:.S'~ (Any additional signatures appear on page 31 SURm Company: ' (Corporate Seal) Great Ame~ Insurance Company Signature: -e 171/ Name and Title: Charles J. Nielson,Attorney- In-Fact and Florida Resident Agent (FOR INFORMATION ONLY-Name. Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Collinsworth, Alter, Nielson, Fowler & Dowling, Inc. other party): 5979 Northwest 151st Street, No. 105 Miami Lakes, Florida 33014 (305) 822-7800 AlA DOCUMENT AJl'2 . PERFORMAt.NCE 80NO AND PAYMENT BONO' DECEMBER 1'3&4 ED. . AlA <3 THE AMERICAN INSTITUTE Of ARCHITtOS. 17JS NEW YORK Avt.. N.W.. w~HINCTON. D.C. 2(D)6 THIRD PRINTlNC . N\ARCJI 1967 -'312-1914 1 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond. except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and anempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason- able time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 3.1; and 3.3 The Owner has agreed 10 pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- dance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para~ graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complele the Construe. tion Contract itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- struction Contract, arrange for a contract to be pre- pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in ex- cess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is deter- mined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to fhe Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. , After the Owner has terminated the Contractor's right to complete the Construction Contract~ and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surely fa the Owner shall not be greater fhan those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this .Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigalion of costs and damages on the Construction Contract, the Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of tbe Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and.re- suiting from the actions or failure to act of the Surely under Paragraph 4; and 6.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual dam- ages caused by delayed performance or non-perfar. mance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Conlract Price shall nof be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any per~on or entity other than the Owner or its heirs, executors, administrators or successors. a The Surety hereby waives notice of any change, includ- ing changes of time, to the Construction Contract or 10 related subcontracts, purchase orders and other obliga- tions. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or falls to perform its obligations under this Bond, whichever oc. curs first.. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limi~ation avail- AlA DOCUMENT A311 . PERFORMANCE BONO AND PAYMENT BOND' DECEMBER 19&4 ED. . AlA ~ n-tE AMERICAN INSTITUTi OF ARCHITECTS. 173S NEW YORK AVE.. N.W.. WASHINGTON. D.C. 2QX)6 THIRD PRINTlNC . MARCH 1987 -'312-1984 2 able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice 10 the Surety, the Owner or the Contractor shall be mailed Or delivered to the address shown on the sig- nature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEfiNITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Con. MODIfiCATIONS TO THIS BOND ARE AS fOllOWS, tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- trad. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Conlrador Default: Failure of the Contrador, which has neither been remedied nor waived. to per. form or otherwise to comply with the terms of the Construction Contrad. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived. to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signature: Name and Title: Address: SURETY Company: ICorporate Seal) Signature: Name and" Tille: Address: AlA DOCUMENT .4312 . PERFORMANCE BONO AND PAYMENT BONO. DECEMBER 19&4 ED. . AlA <8 THE AMERICA.N INSTITUTE Of ARCHITECTS, 1715 NEW YORK AVE.. N.W.. WASHINGTON, O.c. :!0006 THIRD PRINTING. MARCH 1967 AJ12.1984 J .-- ,~ --. Q&\T ~ INSURANCE CDMJWW. 580 WALNUT STREET. CINCINNATI. OHIO 46202 . 513-369-6000' FAX 513-723-2740 POWER OF ATTORNEY The number of persons authorized by this power of attorney is not more than FIVE No.O 16776 KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; for all obligees including any and all consents required by the Department of Transportation, Stale of Florida, incident to the release of retained percentages andl or final estimates; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name CHARLES J. NIELSON CHARLES D. NIElSON WARREN ALTER DONAID LAMBERT MARY C. ACEVES Address ALL OF MIAMI llIKES, FLORIDA Limit of Power ALL UNLIMITED This Power of Attorney revokes all previous powers issued in behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 8th day of July , 1999 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON - ss: On this 8th day of July I 1999 , before me personally appeared DOUGLAS R. BOWEN. to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March I. 1993. RESOL VED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or anyone of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-In-Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOL VED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March I, 1993 have not been revoked and are now in full force and effect. Signed and sealed this day of ,- , " SIIS7C (11/97) (FLORlDA) COLLINSWORTH. ALTER, NIELSON, FOWLER & DOWLING, INC. BOND DEPARTMENT PUBLIC WORKS BOND IN COMPLIANCE WITH FLORIDA STATUTES 255.05 (1) (a) Bond No 5439497 Contractor Name Trintec Construction, Inc. Contractor Address 7865 NW 66th St., Ste 102, Miami, FL 33166 305-468-0240 Contractor Phone No. Surety Company Great American Insurance Company Surety Address 580 Walnut St., Cincinnati, OH 45202 Surety Phone No. 513-369-5000 Owner Name City of Miami Beach, Flroida Owner Address 1700 Convention Center Dr., Miami Beach, FL 33139 Owner Phone Number 305-673-7010 Obligee Name (If contracting entity is different from the owner, the contracting public entity) . Obligee Address Obligee Phone No. Contract No..( If Applicable) 46-00/ I 0 Project Name Group "A" and "B". Parks Improvements Phase II Project Location please see the six attached exhibits Legal Description and Street Address please see the six attached exhibits, Miami Beach~ Miami- Dade Conty, Florida Description of Work Improvements to Stillwater Park. Crespi Park, Tatum Park, LaGorce Park. Fisher Park and Island View Park located Throughout the City of Miami Beach . FRONT PAGE All other bond pages(s) lire deemed subsequent to this page regardless or any page number(s) that may be preprinted thereon. ,eS/26/2ee1 15:15 3e546Se2Se TRINTEC CONSTRUCTION PAGE e3 .INDEX OF DRAWINGS No. eJ.eET NAME CS~2 COvER S14E.ET, LOCATION HAP 4 INDEX OF DRAWINGS AU;?) CONSTRUCTION HATERIALS t STRUCTURAL GEN. NOTES A2.1 FENCING PLANS ELEV. AND NOTES. A2.2 FENCING DEi AILS AND NOTES w /l ....: :=J (11 Z --' w 79 TERRACE C ~ w (...) W ~ PARK ....: w (11 0 w ~ 0:: <( Z 0::: '-'-' ::2: 0 --' w 3= 0::: I 0 0 f-- '-'- 5: z <( :r: mr SCHOOL Il n VICINJTYMA N.T LEGAL DESCRIPTION C:~J 'PA~ = I . J . ~ . 1 [], RIC! PRI RIO PH 120S. WES FtC 5 6 : N A 8 7 ~ = COR = LOTS 1,2 AND 3 IN 6LOCK 1 OF "Br5CAYNE 6EACl-1 SUB.", ACCORDING TO TI-lE PLAT THEREOF, AS RECORDED IN PLAT BOOK 44 AT PAGE hl OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. CONS' C' 19~' ParI ere: 7l!/VI. ,89/2;/2881 15:15 3854;88298 TRHnEC CClNSTRUCTIClt~ fNDEX OF DRAWINGS No. 6l-EET NAME C53 COvER .6l-+EET, LOCA nON MAP , INDEX or: DRAWINGS A3J FENCING PLANS ELEV. AND NOTES. 43.2 FENCING DETAILS AND NOTES 81 STREET 80 STREET LJ TERRACE w ~ w w ~ ~ 78 81 80 w ~ 79 I ST. ST; w ~ ST, ST. PAGE 84 = FG. F 1 e . A ':3 . I .p IN ( I RICAJ PRIN RICK PRIN 1208.1 WES'. FLO 5 6 1 N A' 877 = CORl LEGAL DESCRIPTION rAlU ~.. LOTS I THROI..IUH ~, INCLUSIVE, IN SLOCK 3 or: "TATUM WATERWAY 5UI6DIVI510N",ACCORDING TO THE PLAT THEREOF, AS RECORDED IN FLAT 6001< 4~ AT PAGE 2 OF THE FUBLlC RECORDS OF DADE COUNTY, FLORIDA. CONST! 'r~~ Park Tatu onenY' ~..r A "4 ~ I~ PIP!! UlIT~T CN" AT THE N~T .' CO!'lNER '"' LOT 12 IN Bl..0CK 14 OF "BEAC/4 V!E1I1 AOOrrtOl". .ACCOIllt>1NG TO T>EF'l.AT Tl-lEREOF, A& RECOI\!PED IN !"\.AT I!lO<X 16 AT PA6E '" OF THE I"\el.IC 1'lI!COlOI:>II(:'" DACE CC<.NTY. FL~DA' Ti-IEl<lCE 1ol19''''''24'e ~ 1U~ FEETt T~ NI,,"&b'3f,'ltU ~ 14J.erI FeJ!!T TO A N\.I'1BER 5 __ AND YELLOW !"'I.A6TIC CA(' liT A/'1I"EP 'Le24' AND T>lE pOINT CF !!EGIt+Ut<G OF. ThE "",1O!!1NAFT1!F< Dl'!llC1Ol!!leO '"~ "" '-"><D. T~ C<:lNT1I.aJE _".6 "6''" FOIIlllotlJ{, 1'EE1' TO A Nlt1!lI!F< . IllEBAF< AND 'T'ELLOW f'LA&TIC CAP .&TAMl"!!D 'L"'4' AND 'M! FOIN1' "" CURvA1IJFlE OF A C:'''''''L.AF< CUf.OV1! C<:>oICAYl! TO T>E llOUTHEA&T. ~I!NCI!! NOI<TI-AlE&~ 'T', ~TI!Rl:- y, EA&TI!Il<l.'" ,ANt) e.ouTHeA&~ T AL~ n..il!! ARC ()IfJ BAlD 0JRVl!! HAvtl't> A RADIUEl OF 16~ FEET AND A CENTlUL A>bLE CO' 142"2~1' FOR "U2 OEI!T TO A NLI'1elEP< & I'iE5A~ AND YELJ.OW I"t.A6TIC CM' &TAI1Ft!D 'L.el24' AND Tl-lE F'OM OF IOI<'iEIIOlE c::lJRYATlJIOE OF A CIFO::lJ~ OJRYE CONCAVE TO Tl-lE NORI'>EMn ~ 6OIJTNEA&TEf<l..... Al..CNG 'fI.E NlC Cf' &,AlP 0JIlM!0 .....vlNa A IUOIU& OF ~.36 PEel" A"V A CamtAL .4NGL5 OF "'"&2'&4" FOIIl 611~ FEa To A i'U'1I'l!R II _ ,AW 'T'EU.OW PLA&TlC CM' &TAHFl!D 'LB:4'.AND TIE FaINT OF _ OJFlYATUIOE OF A CII'lCU-AA C1JIC!Vl! CONCAV1! TO TNE !lE&T> TIeIC!! ~TE1'OI.. 'T'. ed<JT1.lI!f<l.. 'T' AND &OJTHLS&~'" Al..c:t61'1<1! AlOe OF &AIO ClJR\o11 HAVING A I'tAOIU& OF ill_ Pl!ET AND A caITF<Al- ANl:iUI OF 9'"1ll'5" ro!O '&046 FEET TO A Nlt1!lEI< & ~ ANP '1'!!U.OW I"LA&TIC CAF toT.4l1PI!D 'Le24' AND 'M! FaiNT 01' ~_ CU/l/VAl\JfIII OF A CII'C1lLAR CURVE CONCAY\! TO T~ e<>.J'T1.EA8n l;&iCl! eGVfI.IlEllTERL Y .~ TI-E A/1fC C'Jl'o 8.6.10 CJ..IRvt! I-IAv/Nc).4 ~IUfIo 01" ~&.- ~ AND A ",'". :,' " .:--4.. "-"". CENT!UL ~E OF ""'2I1'1P4".1'OR "'.93 FEET TO A NIt1f!!<!F<.. ~ ' ",'~;':<;'\ ""~( tJJo.IO Ya.i..OU ~'rIC CA.... eTAl"'rrCEO .LI324. ~ ne POINT at. ~,;.j,":'1J;;:';'~",. J,~' .',', i. CUfltV.oI\TUAE,~ A ClfiIiCUL.AIlIe 0lRvt! ~YI! 'TO n-e ~. ~;~~:;' ~~.:~p .'1~1;~;'~(1~..~1,?:~~ 6O.IT'HU.G&Tl!JltL,. .Al..~ THe: APe. Ofl eAIOCUfiNl! HA~ A 'RAOIU& QI--_:, -!".:~'~.!Ii.~~~.~s.) 'Sl?{'-~';'~:~--:'; "926 FEET -'NO A CEHmAI. ANGI..E Cf 1P4'1I1'&'" 1"Of'l32Jl6 I'I!eT ro . ....'~,~~;.l; '",;;." '., A tU-lI:lEI< II REa..... AND 'T'eLLOW PLA&TIC CAP 6TAHFEP 'L.e24' .INI:l''M! .....~... '\ii~-:-':::": J"'OI,," d' ~~ CU/OVAl\J1lll! Cf A CIF!CUI.AR oJRYE ca<cA-.1! TO TNE . "~:::'\':$,;ii!);>~,;t,.. 1~:r: T..eNCe 6ClUn..u.E&"T'atl.. Y, l.L2.&iEfQL'T" AND ~eTEfItl,:" ~ nE . "~''''>~'-.l;;.J:,,;.., J.JlG OF SAIO CJJ~ WA.vl~ A RAOIlJ& CA= eJtlQ:l FEET ~ "., CSi'fPiieAL . > ki"j '> '::Jf.~'J'. ANGrL.E ~ 14~.~ID1M FOR. 39.J.4 PEEr TO r..e pttOlNT C1fA T~ AND :,,7._:._i..:>,. _*~.h~'.r~;.>1..~ 6AIP POI"" Cf I!IEG~/NS. . . : ':,':,.:t",t , ,..,' 05/25/2001 15:15 3054580250 TRUHEC CO~ISTRiJCTImJ ----- --- . . , ., . .' ,j, 111 c.tJ'Pf.J; u ., . 1t?A"eY LEGAL DESCRIPTION .' .' . A PARQ;:L OF LAM> Loc.ATE!P IN SECTIOIII, TOILN6I-IIP !>. !ICIJTI.I F<AN:;E 42 I'..4&T: CITY '"' M1AM1I3EACl4. DAPE COlNTY. ~D"'. EIEII'6 A P'ORTIa-l Cf n;e RiQH1'&-OF-WAY Fa'" Al..T~ !'tOAt>, NOI'lTHI!lA'T' !'<OAt>, 1"'l>E T1llEE ORIYE./oND L.oG<l!llCE DRIVE AND Sl!1N6 r-1OIl!S "A~IClJl.AIli!l. Y . ~el!D BY 1'1I!T'E6 ANO 1OOl.N06 A& ""'-Low&. . . . I SCOPE OF lUORK - INSTALLATION OF NEW STEEL r'ICKET FENCE AT F'RoPEF!TY LINE OF PAI"K SITE INCLUDING. SERVICE GATE, AND 6 ON STREET PA~IN6 SPACES. i 34& LF. PROJECT TEAM !i!E"- ~liECT6 INC. AI'lCHliECT5 ANO ~1"l! (~"I) 6~'il-2~&~ CMe f'UBLIC UJOi:;K.& DEPT. ou.NER !i!E~~ENTANTIVE, MICHEL MAULOIRE (>0~) "13-112>_ CMI!'\ PARKe. l ""'C!i!EA,TION DEPT. . U6ER DepAI'!11'1e.IT (~} e.1~-1130 eRA. CLAJIOK!; INC. 5Tl'lJC11JI'lAL ENGINEER6 (312)&) 61<<)-.m'>0 . PAGE 05 F L 0 5 6. f N A 1 , 8 7 7 = cORP = . . . = CONST Ci 19~ Park laC Pine TI .Miami CoVER 1 LOCA TIl l .~ \.' , ,< . . ..~.' DATE SCALE ORA WN CHEOO RIlGNo. PERMIT . -. lPU:R:AIIOH JllE tNDSHII NICIII1l'CT"" 1M: rnR ~ Nalll!:m onoPlllJB PROJECT-lNl -" I/O) , TO llIE NDlI . ... ~ . 09/26/2001 PAGE 06 -.- - l\J\:tIU\J PRINe RICK 0 PRUle lro.S.DD I WEST' Pl;OR ',6 I N.h T ...... 8..77 15:15 3054680290 TRHITEC COI'ISTRUCTIO~I -.---- ~ 'D ,~ t:..- LE~AL DESCRIFTION LOTe. I. 2, 3. 4. Eo. 6. '. & ANI:> 9. IN BLOCK Ie. 'leLAND YIJ;U) eueOIVI6ION", ACCOll/DI~ TO THE F"LAT TI<EREOF. I'!ECO!O!DED IN F'LAT !!lOOK b. I"AGE liS. OF THI' PtJl!lLIC I'iEcot<O& OF DAPE COUNTT'. FLOf<IOA. ANt> A f'Af'CEL OF &oI!1:REIGNTT' LAND IN BleCA"rNE eA.,.. AauTTm &eCTION 33. T~HIP 1;3 &OJ"... ~E 42 EAST. DADE COUNT'!'. FLOf<IDAt MORE PAR11CljLAR.,.. DE6CRIBeo IN TI<AT Cl:R1'AIN DEED NO. 2!oISl2l (2329-'-') DATED OCT~1'l9.191".I!lE1WEEN 6TAl'E OF Fl..OFl!/DA eoAl'lD OF mJ6~6 OF Tf-IE INTEf'NAL I~T T1'l1JeT ~ AND 1<. P". FOfOlOlEElT. Alll1'!U6l!!E. UNDEI'l T;tAT C~AIN LAND TRU6T A6REE:MENT DATED APRIL 34), 1966.M/D DEED BEIN6 I'lECOFlDED IN OFFICIAL RECOF<06 BOCK ''''''1. PAGE 228. OF Tf-IE FUBl-IC ~COflW6 C!= DADE COUNiY. FL~IOA. AND ALL LITTORAl.. Of< Rif"ARI~ RIGj.lT6 WHICH MAY E:X/6T A5 TO THe llUeJECT FROFE1<T11!6. .' ~. ,. ;::.:, w::~t-')j. ,~...,.':,~~ t-i ',~\, ~~~ ;-~.I"j~; . , SCOPE OF= WORK CON5TRUCTION OF A SEMICIRCULAR BI7&;>E PAVIliON IN TOT LOT AREA& AND NEW 5TEEL PICKET FENCE AT PERIMETER OF TOT LOT AREA INCLUDINC:< NEW ENncy AND SERVICE GATES. OTI-lER IMPROVEMENTS IN CL.UDE THE RF'LACEMENT OF EXIBITNG SECURITY L1G~T POLES WITH NEW CITY STANDARD L1G~T POLES. FROJECT TEAM RE~ A~HITECT6 IN<:. A/i:CI-Ilrec~ AND F'L~1'lll (t;61J "&9-2383 eMB FUeLIC ~ Dl;!pT. OILt-IER REF'l<ESENT ANTIY"e:, MICI-lEL MAGLorRE (3qpe) .'3-'.,e,z> CMe PARK5 . RECREATION DEPT. U6ER DE:pAR'TMeNT ("""', 6'13-"30 L , CORPO '-- CONS'n Ci 19~9 Park Islanl . 18 thSb Miami }J COVI!RSI :'.I.QCA1lill i'f" ,no :,jtlt'$l""ij! V,\,",: !~O DArE SCAl..Il DRAWN CHECKR l\I!G No. l'ERMIT Of</lmsH. N lPa:f'<:AW< NlE >>ID"sw,; N<I'I!Ia '" _Ftll~ lI<lT BE LOOl OIIQ IIlOJ( PROJECT Il't" -.... 8 ?6/2881 15 15 3854688298 TRItITEC CONSTRUCTION PAGE 87 9/. : --.- r ' 'l .. . . .tr .. = 'B'5H~ ~t::- COR f = ! LEGAL DE5C~IFTION . .. :2 FARCEl5 MARKED FARK (14-42) lAKEvlEW SUBDlvlSfON . FOLIO 3222-22-Ie.l = CON: . Cit 19~ Pal Fis " \ 50 tl Mim = COVl LOCJ . " c:::= I REV - - SCOFE OF WORK - - INSTAllATION OF NEW STEEL DECORATIVE FENCE AND SERVICE GATE AT PERIMETER OF TOT-LOT WITHIN PARK SITE. = +/- 6012> LINEAR FEET. . DATE - . SOO , DRA" - - CHEC - , REm . - FROJECT TEAM . PElUf = . OWNeRS! Sl'ECFICI REa. ARCI-lITE:Cre INC. AAE AIIll AcrlllT'!:'''''~o. A...l,.... c::lIl A....I-=CIoC. -- . .. . 09;26;2001 15: 15 305468e2ge TP.HHEC CONSTRUCnOf1 PAGE e2 f'(?J. INDEX OF DRAWINGS No. CS-I Al~ AU AI2 6I-EET NAME COVER Sl-IEET, LOCATION MAP ~ INDEX OF DRAWINGS CONSTRUCTION MATERIALS ( STRUCTURAL GEN. NOTES -----.--.-----..--- FENCING PLANS ELEV. AND NOTES, FENCING DETAILS AND NOTES , . A R . 1 N, . P 1. IN C 85 STREET RICA[ PRINC 84 STREET RICK C PRINC 83 STREET 0 120S.DI ::; WEST co FL 0 F 82 STREET 561 N A T w 8 7 7 ~ 81 STREET CORP< viCINITY MA N.T 86 TR!: T LEGAL DESCRIFTION 'Sfl L,LAVA~ 'f"A~ CONSTI City, 1999 Park. Still" 8440 Ha THE AMERICAN INSTITUTE OF ARCHITECTS I AlA Document AJ12 Bond No. 5 4 3 94 97 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Trintec Construction, Inc. 7865 N.W. 66th St. #102 Miami, Fl 33166 SURETY (Name and Principal Place of Business): Great American Insurance Company 580 Walnut St. Cincinnati, Ohio 45202 OWNER (Name and Address): City of Miami Beach 1700 Convention Center Dr Miami Beach, Fl 33t39 CONSTRUCTION CONTRACT: Date: Amount: .$468,357.00 Description (Name and Location): Group "A" and "B" Parks Improvements Phase II Improvements to Stillwater Park, CJ;espi Park, Tatum Park, LaGorce Park. Fisher Park BOND . and Island View Park Located Throughout the Date (Not earlier than Construction Contract Datel: City of Miami Amount: $468,357.00 Modifications to this Bond: 0 None 0 See Page 6 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Trintec cons;~ Inc.:..-. Signature: ..1G- Name and Title: 'PE.:t'Ol..lA S:c::+Wp,.,e..-rz. ~\C:>E.oo~. (Any additional signatures appear on page 61 SURETY Company: Great Americ Signature: Name and Title: Charles . Nielson,Attorney- In-Fact and Florida Resident Agent I (Corporate Seal) Company (FOR INFORMA T/ON ONL V-Name. Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Collinsworth, Alter, Nielson, Fowler & Dowling, Inc. other party): 5979 Northwest 151st Street, No. 105 Miami Lakes, Flomla 33014 (305) 822-7800 AlA DOCUMENT ,\,]12 . PUFORMANCE BONO AND PAYMENT BONO' DECEMBER 1'J1&4 ED. . "IA <8 THE AMERICAN INSTITUTE OF ARCHITECTS. lns NEW YORK AVE., N.W., WA.SHINGTON, D.C. ~0CJCl& THIRD PRI:"~T:~:C . MARCH 1987 A312.1984 4 1 The Contractor and the Surety. jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract. which is incorpo- rated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment. directly or indirectly, for all sums due Claimants. and 2.2 Defends. indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor. materials or equipment fur- nished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims. demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes pay- ment. directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 121 and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and. with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Con- tractor and sent a copy, or notice thereof. to the Owner, within 90 days after having last performed labor or last fumished materials or equipment included in the claim stating, with substantial accuracy. the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days. have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner. stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is suffi- cient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Payor arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. S Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfor- mance of the Construction Contract and to satisfy claims, if any. under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond. they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- ity to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the COntractor that are unrelat- ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- ant under this Bond, and shall have under this Bond no obit- gations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (21 on which the last labor or service was performed by anyone or the last mate- rials or equipment were furnished by anyone under the Con- struction Contract. whichever of III or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of nolice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed. any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this AlA. DOCUMENT A.]12. PERFORMANCE BONO AND PAYMENT BONO" DECEMBER 1l}8..4 ED. . AlA- THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE. NW, WASHINCTON, 0 C. 20006 THIRD PRINTINC .. MARCH 1987, A3l2-1984 5 Bond shall be construed as a statutory bond and not as a common law bond. 1. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor ,hall promptly furnish a copy of this Bond or shall permit. copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contrad with the Contractor or with a subcontractor of Ihe Contractor to furnish labor, materials or equip- ment for use in the performance of the Contract. The intent of this Bond shall be to include withoutlimita- tion in the terms "labor, materials or equipment" that part of water, gas, power, light, heal, oil, gasoline, telephone servi~e or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOllOWS: Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contrador identified on the sig- nature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. TH:SBO~D HER~SV 1$ AMS~:CEn so rH,~T THE pp,OV;SJ(;.'-jS i:;NO lUI,;TArlONS t?F Sr.:OT:Or~ '2sr 0!5 ~):"l sr':GTIC':1',:: "t-j<:' 2'j !-":LOr;iDIt STATUTES, Vfr-!iCH2\fi:i; lS'tl~;?UCi,Bi.E~"ARE iNOc,,'tlf'CRATED HEREIN BY R2f'ERENCE. . (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corpor.te Seal) Signature: Name and Title: Address: SURETY Company: (Corporate Seal) Signature: Name and Title: Address: AlA DOCUMENT A311 . P{RfORMANCE BOND AND PAVMENT BOND' DECEMBER 19&4 ED. . AlA S THE MiERICAN INSTITUTE OF ARCHITECTS, lnS NEW YORK AVE., N.W., WASHINGTON, D.C. 2OCIO& THIRD PRINTING. MARCH 19&7 A312-1984 6 r- ,-.. --- GU1AT~ ~ CDMA\NV- 580 WALNUT STREET. CINCINNATI, OHIO 45202.513-369-5000. FAX 513-723-2740 POWER OF ATTORNEY The number of persons authorized by this power of attorney is not more than FIVE No.O 16776 KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for it and in its name, place and stead to execute in behalf ofthe said Company, as surety. any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; for all obligees including any and all consents required by the Department of Transportation, State of Florida, incident to the release of retained percentages and! or final estimates; provided that the liability of the said Company on any such bond. undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name CHARLES J. NIELSON CHARLES D. NIEISON WARREN ALTER 00NAIDLAMBERl' MARY C. ACEVES Address ALL OF MIAMI LAKES, FLORIDA Limit of Power ALL UNLIMITED This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 8th day of July , 1999 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON - ss: On this 8th day of July, 1999 , before me persooally appeared DOUGLAS R. BOWEN, to me known, being duly sworn, deposes and says that he resided in Cincinnati. Ohio, that he is the Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March I, 1993. RESOL VED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or anyone of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-In-Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOL VED FUR THER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March I, 1993 have not been revoked and are now in full force and effect. Signed and sealed this day of SI157C (11/97) (FLORIDA) ACORDN CERTIFICATE OF LIABILITY INSURANCE I DA11!.-m 09/26101 1'lOOIlUCI" 305-822-7800 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFOIlMA TION Collinswoth, Alter, Gil ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE a Subsidiary of CANFD Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR Post Office Box 9315 ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. Miami Lakes, FL 33014-9315 INSURERS AFFORDING COVERAGE INIUIIED Trintec Construction, Inc. INSURER A: Audubon Indemnity Ins. 7865 N.W. 66th St., #102 tHSlJRER B: Miami FL 33166 INSURER c: INSURER D: , INSURfR E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INOICATEO. 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~~R ..-- POUCY"NuMBER POUCY EFFECTIVE POUCY EXPIRATION - TYPE OF INSURANCE UMITS A ~NERAl UA'...lTY IILe:. ,,_.,,~ ~ 4/08/01 4/08/02 EACH OCCURRENCE . 1000000 X COMMERCIAL GENERAL LJABIL - A J FIRE DAMAGE (Anv one fire) . 50000 l CLAIMS MADE W OCCUR MED EX!" (Anyone personJ . 5000 >- (1/1 eft I&'(i-Zl I~, PfRSONAL & ADV INJURY I 1 00000o >- GENERAL AGGREGATE . 200000o n'LAGG~nSPER. PnOOUCTS . COMP/OP AGG . 200000o POLICY L.OC ~OMO.LE UAmuTY ", ~~~rNED SINGl "'T . ~- ANY AUTO IE -accident! >- >- ALl. OWNED AUTOS eOOIL Y INJURY {Per personl . >- SCHEDULED AUTOS - HIRED AUTOS 'S/ eoOIL Y INJURY {Per accidentj . - NON-OWNEO AUTOS - PROPERTY DAMAGE . / (Per accidentl =fGE.=7 AUTO ONLY. EA ACCIDENT . A"'" OTHER THAN EAACC . AUTO ONLY: AGG . EXceSS UABlUTY EACH OCCURRENCE . ::J- OCCUR D CLAIMS MADE AGGREGATE . . ~ DEDUCTiBlE . RETENTION . . WORKERS COMPENSATION AND -TT"X~;I~~~ I !OJ:!" EMPLOYERS' UABlllTY E.l. EACH ACCIDENT . E.l. OISEASE . EA EMPlOYEE $ E.L. DISEASE. POLlCY LIMIT . 0__ DESCRlPnON OF OPERATlONSfLOCATlONS/VEHICLES/EXClUSJONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS THE CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED IN RESPECT TO THE GENERAL LIABILITY COVERAGE CERTIFICATE HOLDER I X I AODmONAL INSURED: INSURER LETTER: CANCELLATION : SHOULD ANY OF THE ABOVE DESCRIBED POUQES BE CANaLLED BEFOfI: THE EXPIRATION I CITY OF MIAMI BEACH DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MA.IL-1Q.. DAYS WRrT'TeN . ATTN: RISK MANAGEMENT NOTICE TO THE C&RTIACATE HOlDER NAMED TO THE LEFT, BUT FAlLUIE TO DO so SHALL 1700 CONVENSION CENTER DRIVE IMPOSE NO OBUGATlON OR UA81UTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR MAIMI BEACH, FLORIDA REPRESENTATIVES. A )1:: /Z,7 , ..pZ ACORD 25-S (7/97) 2- 51 Iil ACORD CORPORATION 1988 ACORD. CERTIFICATE OF LIABILITY INSURANC~'~ ~ DA1E(IIIIIIlllM') O~/26/01 - THIS CERnFlCATE IS AS A 1M TTER OF INF ONLY AND COfiFERS NO IIIGHT1S UPON THE cERTiFiWE ~ W. F. Ro.....r Insurance Aqenoy HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 1~O669 ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. Ft. Lauderda1. FL 33319-0669 Phon.: 954-731-5566 Fax: 954-731-8438 INSURERS AFFORDING COVERAGE 'NIURED INSURER " FCCI Insurance C INSURER B: Trintec iJnstructioii ~nc. INSURER c: 7865 NW S~_t, 0 INSURER 0: Miami FL 31 6 , INSURER E: COVERAGES THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO TIE INSURED NAMED ABOVE FOR ntE POLICY PERJOD INDtCATED. NOTWtTHSTANDING Nl'( REQUIREMENT, TERM OR CONDITION OF AN'( CONTRACT OR OlllER DOCUMENT \/\lITH RESPECT TO WHICH THIS CERTFICATE 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. AGGREGATE LIMITS SHO'NN MAY HAVE BEEN REDUCED BY PAID ClAIMS. l'rfR TYPE OF INSURANCE POUCYNUIlBER ~I~~ UMITS GENERAL UABlUTY - EACH OCCURRENCE . COMMERCIAl GENERAL LIABILITY FIRE DAMAGE (Any one fire) . I CLAIMS MADE D OCCUR UEO EXP (Any one person) . PERSONAL & ADV INJURY . GENERAl AGGREGATE . GEN'l AGGREGATE LIMIT APPliES PER PRODUCTS - COMPIOP AGO . ~POtlCy.n~~WT n-LOC ~UTOII08ILE UABlUTY COMBINED SINGLE LIMIT . AN'( AUTO (E.-=cidenI) - - ALL OYJNED AUTOS BOOIL Y INJURY SCHEDULED AUTOS (Pet person) . - - HIRED AUTOS BOOIL Y INJURY NON.OYJNEO AUTOS (PerlK:ddent) . - PROPERTY DAMAGE . (Perax:ident) R":,GE UABIUTY AUTO ONLY. EA ACCIDENT . AN'( AUTO OTHER THAN EA ACC . AUTO ONLY: AGG . EXCESS UABIUTY EACH OCCURRENCE . P OCCUR 0 ClAIMS MADE 0~-j AGGREGATE . . R ~EDUCTIBLE A- "'( . RETENTION . 0/,"", . WORKERSCOMPENSAnON AND L !/ VI I TO'R~'OM'iTsl IUER A EMPLOYERS' UABlUTY ( 01/10/01 01/10/02 . 1000000 ~0~A44923 E.l. EACH ACCIDENT E.L. DISEASE. EA EMPLOYEE . 1000000 E.L. DISEASE. POLICY LIMIT .1000000 OTHER DESCRIPTION OF OPERAnoNSlLOCATlONSlVEHtCLESlEXCLUSIONS ADDED BY ENDORSEMENTISPECaAL PROVISIONS Florida Operations Only CERnFlCATE HOLOER I N j ADtMl10NAL INSURED; INSURER LETTER: CANCELLATION MIAMB-1 SHOULD ANY OF THE A80YE DESCRIBED POUClES BE CANCELLED BEFORE THE EXPtRA1'1Ot'l DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL ..3.0- DAYS WRfTTEN Ci ty of Miami Beach NOnce TO THE CERTIFiCATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO so SHALL Attn: Risk Manag.....nt IMPOSE NO OBUGAT1DN OR UABtUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 1700 Convention Center Drive Miami FL 33139 REPRESENTATIVES. , T'a:;:;:::;:J.I ~ ACORD 25-5 (7/97) ClACORD CORPORATION 1988 IMPORTANT If the cenificate holder is an ADDITIONAL INSURED. the policy(ies) must be endorsed. A statement on this cenificate does not confer rights to the cenificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED. subject to the terms and conditions of the policy, cenain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement Is), DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer!s), authorized representative or producer, and the cenificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORO 25-S 17/97) 18/11/2881 15:56 38546B8298 ::Iii C~,,~^ ~== E. . . Cl STATE FARM FIREANO ~oo.TY ,;()MPANY. Sc:artlOroug~. Ontaric o STATE FAI'lM FlORIQA INSURAtolCE COMPANY, Wlntllr HiMrn. Florida o STATE FAAMLLOVOS, Dallas. T_:, i_ the fol/owtng policyholder lor the COIlWIge. /ndioated below. Nama of pOllcyhoklar TJUIITIC COIISTRIlCTION IN: Address of policyhDklIf 7865 JIW 66 51' . 102 L_ot~ona IlIAI'll:"' 33166 Deactiplion of DjNl(allons C.,."rIlllCTIOIf . T~. policies bled below have been issued to the policyholder for tt" policy per10ds s~DWTl. The insurance d_fibed in 1II..a pollci.. is subject to ell tile terms exclusions, and conditions Df ~e policie: T~e limll. of Ualli/ity .~""'" rnlly have been reduced by all) paid claims. TRIHTEC CCNSTRU::TI(I.j 3il53Sil579 TO,~1(""':"JliI PAGE 83 P.l!lil2 nds Life.@ POLlCY NUMBER T'rPE OF INSURANCE on 7415-"Zz-S9A Campre/lells/Ve Burin,," Uability 02-n-Ol - -thiS- i';;'iiiriCe- i;.;ciiiile,-- . tr p;:"'ciUCis-~ Co;;,phrtedop';;m,;;5 - - --- o ColllrllCMlI Llllbll/ty o Underground HlIE8rd Coverage o Personal Injury o Advenising InjUry o Explcllon Hazard Coverage o CoIlapSll Hazen! eover.ge o o pou : Y PI!RIOD Elfectt... Ds:t : D* UMrrs 01' UA8IUTY j II of policy plIf10cIl 80DIL Y INJURY AND PROPfRT'r DAMAGe : 02-22-02 .~'~'....~......'--- E8dI Occurrence S 1, 000,000 G.neral Aggregate S ProdUCl5 - Completed S ~onsAgg~ EXCESS LIABILITY o Umbrella o Other POLlC;' PERIOD Et'Jeetiwe Da~: : &........ OD I!lOOIL Y INJURY AND PROPERT'r DAMAGE (Combined Single Umitl Each Occurrence S AQgr ilia $ Part 1 STATUTOl:lY Part 2 BODILY IN.JURV Workers' CompeMation and Employers Liability ElIch AccIdeot $ 01_ ElIch Employee S 01_. PoWcy Limit $ Y NUMBER 031 141S-B22-S9A POL/C" PERIOD TYPE OF INSURANCe EffeCtive DIte : ExpIrIIIon D_ Me.tUB 06/22/01 02/22/01 (;01 THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INelll i~ AND NeITHER Al'l'IRMATlIII!t. Y NOR NE~TlVELY AMENOS. EXTENDS OR ALTERS THe COVERAGE APPROveD BY ,'NY POUCY OESCRIBED HEREIN. It .~y of the descrllled policies are canceled balora its QJlPiration date, StlIle Farm will try III mail a written notice to tile cerllficllte holder days before ClIncellation. If h_r. we fail to mail I~C~ n_, no obligation or liability will be im~ on StlrteF.rm~_ lCOm -. SipMIlwetJI AuChoti;Nd R.p1.....alj~ I\GENI TIlo 11\genl'0 ~ S1lImp AFO Code 6403 Na.". and AddI'llSS of Ceftificate Holder CITY or If1>><I IlE>loCll ",rrN: 1\151< Ml'.NAGPlItWT 1700 CONV~NSION CB~ER DRIVE ~IAI'II B&4c:J< rL 10/1'1/".1 0.. ....a~ 04-'. P'rirt*tinU$.A. Keaneth E. Martin 1111 Aatt 0..10 County B 1570581&01' 1l403 F8CIO 1a/22/2aa1 14:46 3aS46sa29a A II'......C\ .' ....i~ . ~:''''. RMKS OCTOBER 22, 2001 AGENT COpy AGENT: F600/6403 POLICY*: 031 7415-B22-59A TRINTEC CONSTRUCTION INC 7865 NW 66TH S1 sTE 102 MIAMI, FL 33166-7.716 PHONE#: (H) 305-468-0240 ..VEHICLE SUMMARY.. 94 FORD F450 FLA'rBED VIN: IFDLF47FlREA31993 laG: 010 CLASS: 505000 OXD: 02/22/2000 COY: A /lMM/, PI0, 0500. GSOO, U:: 500/500 Eff date: 110/19/011 Curr date: 110/19/(11) Time: (04:38 PH) SFPPft:0388620719 =---===-_~======--.....==-____1115_ -~..., ...'-- ----=====-- ~...-;~:a::= -..,;;;- - ao REMARKS: (PLEASE ADD AS ADD' L ( ( ( REMARKS APPLY 'f0: Auto INSD Cl ry OF MIAMI BCH 1 ~:>O CONVENSION CENTER DRIVE Ml.'\MI BCH n,33139 ) ) ) ) ""~~'" . ., KENNETH E MAR.TIN INS AGe 305-385-0638 INITlALS(~CJ 10/22/2001 14:46 3054680290 ac:;.-ee,,29IlI1 10' 44 F1n'I' ~ ~ , / ". .~>=: .- OCTOSER 22, 2001 AUTO POLICY !.l'ATTJS H P~ONE: (305) 468-0'-40 KUTL ('31 1415-B22-59A lRG: TElUl: CLASS: ACC FREE: BIRTH: 1994 J':)RD J'LATBEO : FDLF47F1REA31993 F450 10 003 5050000 NOT EL1G H}I.R-22-63 TRI~C CONSTRUCTION INC 7865 NW 66TH ST STE 102 MIAMI FL 33166-2716 V!N: STATUS:SFPP AMT Dm::SFPP A /lHK / PI0 D500 G500 U3 500 /500 DUE DATE: ~'€RM DATE: TOT PREM: OXD:FEB-22-00 :OV DATE:HAR-28-00 PREV PR~: 672.97 842.70 404.67 27.10 63.20 72.80 105.20 SFPP ACCT: 0388-6207-19 AMT PAID: SFPP D1'.TF.: PAID SFPP NAME: TRINTEC CONSTRUCTION INC H PHONE: (305) 468-0240 REPLACED POLICY: 0317415-59 POLICY FORM: 98107 EXCEl'. &. END: FINANCED - TRANS1ilORLD FINl.'lCLU. CORP PO BOX 661096 MIAMI FL 33266. Me Cff.G: COV. S N2\MES 5 AM'!' KEN MAATlN. AGENT 14603 SW lQoffil STREET MIAMI. FL 33186 (005) 38&-0638 INSURANCE REQUIREMENTS See Insurance Check List for applicability to this contract. 1. The contractor shall be responsible for his work and every part thereof; and for all materials, tools, appliances and I"upaty of every description, used in connection with this particular project. He shall specifically and distinct1y assume, and does so assume, all risks of damage or injmy to property or persons used or employed on or in connection with the work and of all damage or injmy to any peISOI1 or plOperty wherever located, resulting from any action or operation under the contract or in connection with the work. It is understood and agreed that at all times the contractor is acting as an independent contractor. 2. The contractor, at all times dming the full dmation of work under this contract, including extra work in connection with this project shall meet the following n:quirements: 1. 2. 3. 4. 5. 6. 7. BID NO. 40-OO/Ot DATE: 61t9/0t Maintain Worker's Compensation and Employer's Liability Insurance to meet the statutory requirements of the State of Florida. Maintain Comprehensive Genernl Liability Insurance in amounts prescnbed by the City (see checklist for limits) to protect the contractor in the interest of the City against all risks of injmy to peISOI1S (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises/operations, independent contractor, broad form property damage, products/completed operations and contractual1iability. Maintain Automobile Liability Jnsurance including Pn,.,aty Damage covering all owned, non-owned or hired automobiles and equipment used in COlUlection with the work. Maintain any additional coverages required by the Risk Manager as indicated on the Insurance Check List. Name the City of Miami Beach as an additional insured on allliabi1ity policies required by this contract. When naming the City of Miami Beach as an additional insured onto your policies, the insurance companies hereby agree and will en<!lme the policies to state that the City will not be liable fur the payment of any premiums or assessments. No change or cancellation in insurance shall be made without thirty (30) days written notice to the City of Miami Beach Risk Manager. All insurance policies shall be issued by companies authlxized to do b.Jsiness under the laws of the State of Florida and these companies must have a rating of at least B+: VI or better per Best's Key Rating Guide, 1atest edition. CITY OF M1AM1 BEACH 24 I) Original signed Certificates of Insurance, evidencing such coverages and endorsements as required herein, sha11 be filed with and approved by the City of Miami Beach Risk Manager before wmk is sIarled. The certificate must slate Bid Nwnber and Title. Upon expiration of the required insurance, the conlIactor must submit updated certificates of insurance for as long a period as any wmk is still in progress. 8. It is understood and agreed that all policies of insurance provided by the contractor are primary coverage to any insurance or self-insurance the City of Miami Beach possesses that may apply to a loss resulting from the woIt performed in this contract. 3. The liability insurance coverage shall extend to and include the following contractual indemnity and hold harmless agreement ''The contractor hereby agrees to indemnify and hold harmless the City of Miami Beach, a mtmicipal corporation, its officm, agents, and employees from all claims for bodi1y injuries to the public in and up to the amount of $1,000,000.00 for each occurrence and for all damages to the property of others in and up to the amount of$I,OOO,OOO.OO for each occurrence per the insurance requirement under the specifications including costs of investigation, all expenses of litigation, including reasonable attorney fees and the cost of appea1s arising out of any such claims or suits because of any and all acts of omission or commission of any by the contractor, his agents, servants, or employees, or through the mere existence of the project under contract. BIDNO.4~/Ot, "GROUP" A" AND "B" PARKS IMPROVEMENTS (pHASE 11)". The foregoing indenmity agreement sha11 apply to any and all claims and suits other than claims and suits arising out of the sole and exclusive negligence of the City of Miami Beach, its officers, agents, and employees, as determined by a cowt of competent jurisdiction. I. The contractor will notify his insurance agent without delay of the existence of the Hold Hannless Agreement contained within this contract, and finnish a copy of the Hold Hann1ess Agreement to the insurance agent and carrier. 2. The contractor will obtain and maintain contractua1liability insurance in adequate limits for the sole PW]lOse of protecting the City of Miami Beach under the Hold Hannless Agreement from any and all claims arising out of this contractual operation. 4. All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar of exposure. No deduct1bles will be allowed in any policies issued on this contract unless specific safeguards have been established to assure an adequate fimd for payment of deductibles by the inswed and approved by the City's Risk Manager. BID NO. 40-00/0t DATE: 61t9/0t Cl'IY OFMlAMl BEACH ZS 5. The contIactor will secure and maintain policies of subcontractors. All policies sbaIl be made available to the City upon demand Compliance by the contractor and all subcontractors with the foregoing requirements as to carrying insurance and finnishing copies of the insurance policies sha1I not relieve the contractor and all subcontractors of their liabilities and obligations Wlder any Section or Provisions of this contract. Contractor shaI1 be as fully responstble to the City for the acts and omissions of the subcontractor and of persons employed by them as he is for acts and omissions of persons directly employed by him. 6. Insmance coverage required in these specifications shaI1 be in force throughout the contract term. Should any awardee fail to provide acceptable evidence of current insurance within seven days of receipt of written notice at any time during the contrncl tenn, the City shaI1 have the right to consider the contract breached and justifying the tennination thereof. 7. Ifbidder does not meet the insurance requirements of the specifications; alternate insurance coverage, satisfactory to the Risk Manager, may be considered. 8. It is Wlderstood and agreed that the inclusion of more than one insured under these policies sha1I not restrict the coverage provided by these policies for one insured hereunder with respect to a liability claim or suit by another insured hereunder or an employee of such other insured and that with respect to claims against any insured hereunder, other insured hereWlder shall be considered members of the public; but the provisions of this Cross Liability clause shall apply only with respect to liability arising out of the ownership, maintenance, use, occupancy or repair of such portions of the premises insured hereunder as are not reserved for the exclusive use of occupancy of the insured against whom claim is made or suit is filed. BID NO. 4ll-00/0t DATE: 61t9/0t ClIY OF MlAMI BEACH 26 INSURANCE t'III'a LIST ~ 1. Wf1lt1t:d O-,,~-."1IId ~'"'. LWIiIityperdle -~ IlmiII afdle . .. atf1cridL xxx 2. 0. ..,..<1_...." GaaaJ I..iIiity (OCC'~ bm),1lmiII atlilllility SI.cm.cm 00 "- '-I.'Iu' . Im:-l...... 1\ . '0 . pcrCJClCURlllCe..-~JqJWy..~f. ..n. to........... ....... .-.,..111...-..; Producta IDd O-.,..L-tod ~~ ,.....,~__Wtt c.:-"'""~ Bad Foan Plup:rty 1)..- I P:Mt_<<-........". 8Dd C....-"'fWlI m.1b....:lf (Hold .......... " ~." "ios1 . . of '11' \ fI!I'It 4J#........"lfti/lAlAlU~IIWd11alm ~teqlau~ ~-~.Jo . xxx 3. AUlOIDObile Liability - $loo,OOO.0M3oo,OOO.oo - SSO,OOO.OO each cx:cum:oce - ~aulllmobilcs iocluded _4. Exce&s Liabiity - $1,000,000.00 per ocaueoce to follow die primaIy COYaageS. The City IDlIIt be II8IIIeCI as lIIId addili..ad iIIu!d an die liability p:lIicies; lIIId it mlUt be sl8Ied an die catifiade. ~ 5. . Other Tnm.......... as indiNllWl. _ BuiIden Risk CXlIIIplebld value - Liquor Liability _ Fire Legal Liability P1:~ 8Dd Iudc"uu4y _~loyee ~Band Other $ $ $ $ $ $ _6. .00 .00 .00 .00 .00 .00 xxx 7. ~ 8. ~ 9. Thirty (30) days written ClIIICCIIatioo DOtil:e ftIqIIired Best's guide 18Iing 8+: VI or better, I8Iest edilian. The ~lifa.atc, IDlIIt SllIlI: die bid ..""'- 8Dd 1ide BIDDER AND INSURANCE AGENT STAl1:MENT: We t.ud&..dlloud the Inso~ RequiranmIs of1be8e 1I"".~'mlS 8Dd dIlIl evideoce oflbis ..............IIBY ~=~C1:::::::~~ ~ Bidder . ~"'= ofSidder BID NO......t DATE:~Ml atYc:6M1AM1lEAC11 27 .' . ... '..,. , ' .. '" .... ,"/ .. . ~. ~ ~ 1....\ STATE OF FLORIDA DEPARTMENT OF BUSIftESS 'AND PROFESSIONAL RE&UUTION C ONST. INDUSTRY lICENSIN& BOARD (90~) , 727-6530 7960 ARLINGTON EXPReSSWAY STE 300 JACKSONVI L1.E FL 3ZZ11-n67 SCHVARTl. PETULIA NATALIE TRINTEC CONSTRlCTlON INC 7865 NW 66TH ST STE 10Z MIAMI FL 33166 .......................- . FS DETACH HERE , . ., ......... ,. ~. ' . . - .... . ItlOZ9e-o\ _IW 'I _/LOCIlIION TRINTEC-CONSTRUCTION'INC 7865 NW 66,ST. 33166 UNIN DADE COUNTY I'IRS'l'-aAII : u.& Po.1'AGE MID J_~1tl RENEWAL . ~1ICl. 0\28471-2. STATE IC&(;059705 OM-. TRINTEC CONSTRUCTION ..... .... fill" 1_ ~6 'EN~RAL-BUILDIN' It~ ---- .......IID1'A~ -- .. - . .~ -- INC NORKERS 1 DO NOT FORWARD TRINTEC CONSTRUCTION INC PETULIA N SCHVARTZ PRESIDENT 7865 NW 66 ST ,nifU FL .33166 -- -~r- DJ..DI:COUIftY1lUl -. fOA. 09/20/Z000 8X839iiSA" --- '1IIilll.il....11.~1 !.!11... il.lI.. il...11.11...11.. il i 1. i 1..11 .' . Jt TRINTEC CONSTRUCTION INC 7865 NW 66th Street #102 Miami, FL 33166 t: 305.468.0240 f: 305.468.0290 www.trintecinc.com COMPLETED .lOBS: I'ID.IB:!' ..... ___J~lr : _1_ -7.... ~~ &..wI J - - "-j" ..-1('1 .- S ..... 1.. ........ ~ 1 -- -- - I ..... .- 4 c:..-, r- . - S ...... 1.. . . ... . -. 1 (' .. ..-1(' .- I S -... 1.. ......., . ....- , .... , 11- - .1.4 . ~. c:..-, 11 " - S 11e,1t1 1.. . . ... . - .- '_('111 - ..- (I) (' '1 S ...... 1.. T_T_' " - - f' - .L..-t.IIR ..- (I) (' S ...... 1.. --- ....--- . S 1...... 1.. ......... ! - .... __TT ..., T_T_- - . . ...,~ - ...- 1 - Pt' . - - T_" . _ 1 - S ...... - --- - ... AI.. --. 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" 0.._1 "a_ ~ .... ..... ..- d . ... -- I - <<A-~ ' DMSION 1 General Provisions Section I DEFINITION OF TERMS 1.1 DEFINITIONS: Whenever in the Specifications, Spccial Provisions, Proposals, Contract, or Contract Bond the following terms or pronOlDls in place of them are used, the intent and meaning shall be interpreted as follows: 1.2 "City" - The City of Miami Beach, Florida, as represented by its Mayor and City Commission. 1.3 "Board" - The City Commission of the City of Miami Beach, Florida. 1.4 "City Clerk" - The City Clerk of the City of Miami Beach, Florida. 1.5 "City Manager" - Chief Administrator of the City CommissiOlL 1.6 "Engineer" - The City Engineer of the City of Miami Beach, Florida, or his authorized assistants. 1.7 "Inspector" - An authorized representative of the City Engineer assigned to make all necessary inspection of the materials furnished and of the work perfonned by the Contractor. 1.8 "Bidder" - Any individual, linn or cotpOmtion submitting a Proposal for the work contemplated, acting directly or through a duly authorized representative. 1.9 "Contractor" - The Party of the second part of the Contract, the person, linn or corporation with whom a Contract has been made by the City. 1.10 "Superintendent" - Executive representative for the Contractor present on the work at all times during progress, authorized to receive and fulfill instructions from the Engineer and capable of superintending the work efficiently. 1.11 "Surety" - The corpomte body or individual which is bOlDld by the perfonnance and Payment Bonds with and for the Contractor, who is primarily liable, and which engages to be responsible for his acceptable performance of the work for which contract has been made and for his payment of all debts pertaining thereto. 1.12 "Proposal" - The approved prepared fonn on which the Bidder is to or has submitted his, their, or its Proposal for the work contemplated. 1.13 "Proposal Guaranty" - The secwity designated in the Proposal, to be furnished by the Bidder as a guaranty of good faith to enter into a Contract with the City if the Contract is awarded to him. 1.14 "Plans" - The official approved plans, profile, typical cross-section, general cross-sections, working dmwings, and supplemental drawings, or exact reproductions thereof, which show the location, character, dimensions and details of the work to be done, and which are to be considered as a part of the Contract supplementary to these Specifications. BtD NO. 40-ll0/0t DATE: 6/t9/0t CITY OF MlAM1 BEACH 28 1.15 "Procurement DIrector" - The purchasing officer for die City of Miami Beach. 1.16 "Specifications" - The directions, provisions and requirements contained herein, together with all written agreements made or to be made, setting out or relating to the method and manner of performing die work, or to the quantities and qualities of materials and labor to be finnished WIder die Contract. 1.17 "Special Provisions" Specific clauses additional to these Standard Specifications, setting forth conditions peculiar to the project IDlder consideration. In case of any discrepancy between the Standard Specifications and the Special Provisions, the Special Provisions are to govem. 1.18 "Supplemental Agreement" - A written agreement between the Contractor and the City Engineer, covering alterations and unforeseen wode: incidental to the project 1.19 "Contract" - The written agreement covering the perfonnance of the wode: and die furnishing of labor and materials in the proposed construction. The conttact shall include the "Proposal," "Plan," "Specifications," "Special Provisions," Perfunnance Bond," and "Labor and Material Bond" also any and all "Supplemental Agreements" required to complete the worlc: in a substantial and acceptable manner. 1.20 "Contract Bond" - Performance Bond - The security furnished by the Contractor and die Surety as a guaranty that the Contractor will execute the worlc: in accordance with the terms of the Contract 1.21 "Payment Bond" - The security furnished by the contractor and the surety as to guaranty that the contractor will pay a clairnant A clairnant is defined as any person supplying the Principal with labor, material and supplies, used directly or indirectly by the said Principal or any subcontractor in the prosecution of the worlc: provided for in said Contract, and is further defined in Section 255.05(1) of the Florida Statutes. 1.22 "The Work" - All the worlc: specified or mentioned herein or indicated on the Plans or in the Proposal as contemplated improvement. 1.23 "Questionnaire" - The approved form upon which the Contractor must furnish the information as to his ability to p.;tform die work, his experience in similar work, and his financial condition as related to his ability to finance the wode:. 1.24 . Substantial Completion' - When constnJction is sufficiently complete in accordance with_ the conttact documents, so the owner can occupy or uti1ize die worlc: or designated portion thereof for the use for which it is intended. A Certificate of Substantial Completion signed by the AlE of Record, the contractor and approved by the City must be submitted in order to consider the worlc: substantially complete. Moreover, the substantial completion shall also be linked, for the City's convenience, to the issuance of a Tt:WJ.>Oldl y Certificate of Completion or Tt:WV01dl Y Certificate of Occupancy by the Building Official BID NO. 40-o0/0t DATE: 61t9/0t CITY OF MIAM1 BEACH 29 Section 1 PROPOSAL REQUIREMENTS AND CONDmONS 1.1 Interpretation of ApproDmate Estimate - The Bidder's attention is called to the filet that the estimate of quantities of all work to be done and materials to be furnished under the Specifications as shown on the Plans and on the Proposa1 Form, is approximate and is given only as a basis of calculation upon which the award of the Contract is to be made. The City does not assume any responsibility that the final quantities shall remain in strict acconlance with estimated quantities, nor shall the Contractor plead misunderstanding or deception because of such estimate of quantities or of the character, location of the work or other conditions pertaining thereto. 1.1 Examination of Plans, Specifications, Special Provisions, and Site of Work - The Bidder is required to examine carefully the site of, and the Proposal, Plans, Specifications, and Contract for the work contemplated, and it will be assumed that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished and as to the requirements of these Specifications, Special Provisions, and Contract. It is mutually agreed that submission of a Proposal shall be considered prima facie evidence that the Bidder has made examination 1.3 Preparation of Proposals - ProposaIs shaII be submitted on the form provided All blank specifications for which quantities are shown must be filled in ink, in both words and figures with the unit price for the item for which the proposal is made. The bidder shall also state the time in which he will complete the work bid upon, unless a certain time is stipulated. If the proposal is made by an individual in his own proper person or under a trade or firm name, he shall execute the same IDlder his individual trade or firm name, he shall execute the same under his individual signature and his post office address shall be shown. If made by a copartnership the proposal shaII be executed for the copartnership, by setting out in full the names of the partners and the linn name of the partnership, ifany, and signed by one or more of the partners, and the post office address of each of the partners shall be shown. If made by a COIpOIlIIion, the proposal shall be executed by setting out the corporate name in full, followed by a statement that it is incorporated and existing IDlder the laws of a named state, and, if it is a foreign COIpOIlIIion, the fact that it is authorized and permitted to transact business in this State, and signed by its President, or other authorized corporate officer, with its corporate seal affixed and attested by its SecretaIy, and the address of its principal place of business shall be shown. 1.4 Rejection of Irregular Proposals - Proposals will be considered irregular and may be rejected if they show serious omissiODS, alterations of fonn, additions not called for, conditions, IIIIaIIIhorized alternate bids, or irregularities of any kind. 1.5 Guaranty to Accompany Proposals - No Proposal will be considered unless accompamed by a "Proposal Guaranty" of the character and amolDlt indicated in the Notice to Contractors and the Proposal Form, made payable to the City of Miami Beach, Florida. BID NO. 40-0010t DATE: 61t9/0t CITY OF M1AM1 BEACH 30 2.6 Delivery of Proposals - Each Proposal must be submitted in a sea1ed envelope which shall be marked so as to indicate its content and name of Bidder clearly. If forwarded by mail the above mentioned envelope shall be enclosed in another envelope addressed to the City Purchasing Agent, Miami Beach, Florida, preferably by registered mail; if forwarded otheJwise than by mail, it shall be delivered at the Office of the City Purchasing Agent Proposals will be received until the date and hour stated in the ''Notice to Contractors." 2.7 Withdrawal of Proposals - No Proposal can be withdrawn after it is filed unless the Bidder makes his request in writing to the Board prior to the time set for the opening of bids, or unless the Board fails to accept it within ninety (90) days after the date fixed for opening bids. Withdrawal of proposals after bid opening will only be accepted with the collection of Bid Surety by the City. 2.8 Opening of Proposals - Proposals will be opened and read publicly at the time and place indicated in the ''Notice to Contractors." Bidders or their authorized agents are invited to be present 2.9 Disqualification of Bidders - Only one Proposal from an individual, finn, partnership, or corporation, under the same or different names, will be considered Should it appear to the Board that any bidder is interested in more than one Proposal for the wOIk contemplated all Proposals in which such Bidder is interested will be rejected. The right is reseIVed to reject the proposal from a bidder who has not paid or satisfactorily settled all bills due for labor and material on former contracts with the City or contracts with the same in fon:e at the time of receiving bids. 2.10 Competency of Bidders - Bidders must be capable ofpelfomling the various items ofWOIk bid upon. They shaI1 finnish a statement covering experience on similar worlc, a list of rnachinety, plant, and other equipment available for the proposed work. and shall Furnish statements of their financial resoW'CCS as requested in the Questionnaire. If the available evidence of competency of any bidder is not satisfuctory to the Engineer, the proposal of such Bidder may be rejected. 2.11 Material Guaranty - Before any Contract is awarded, the Bidder may be required to finnish a complete statement of the origin, composition, and manufacture of any and all materials to be used in the work, together with samples, which samples may be subjected to the tests pmvided for in these Specifications to determine their quality and fitness for the work. Subsequent deliveries shall be equal in all respects to the samples submitted. BID NO. 40-00/0t DATE: 61t9/0t CITY OF MIAMl BEACH 3t Section 3 AWARD AND EXECUTION OF CONTRAer 3.1 Consideration of Bids - For the pmpose of award, after the Proposals are opened and read, the correct swnmation of the products of the approximate quantities shown in the Proposal, by the unit bid prices, will be considered the bid The amounts will then be compared and the results of such COfllvalison will be available to the public. Until the final award of the Contract, however, the right will be reserved to reject any or all Proposals and to waive teclmical errors as may be deemed best for the Udb~ of the City. 3.2 Award of Contract - The City Commission shall award the contract to the lowest and best bidder. In determining the lowest and best bidder, in addition to price, there shall be considered the following: I) The ability, capacity and ski1l of the bidder to perfonn the contract. 2) Whether the bidder can perfonn the contract within the time specified, without delay or interference. 3) The character, integrity, reputation, judgement, experience and efficiency of the bidder. 4) The quality of perfonnance of previous conlIacts. 5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract 3.3 Return of Proposal Guaranties - All Proposal guaranties will be returned immediately following the tabulation of Bids, except those of the three lowest Biddeis. These guaranties will be returned within ten (10) days following the awa.-d of Contract, except that of the successful Bidder, which will be returned after a satisfactory Bond has been furnished and the Contract has been executed unless surety is forfeited because of bid withdrawal. 3.4 Contract Bond Required - The successful Bidder entering into a Contract for any portion of the work will be required to give the City Surety in a swn equal to the amount of the Contract awarded. The form of the Bond shaI1 be as approved by the City, and the Surety shaI1 be acceptable to the City, and executed on the form fwnished. In case of default on the part of the Contractor, actions for all expenses incident to ascertaining and collecting losses WIder the bond, including both Engineering and Legal services, shaI1lie against the bond. 3.5 Execution of Contract and Payment Bond - Within ten (10) days after the COItract has been awarded, the successful Bidder shall sign the necessary agreements, entering into a Contract with the City, and return them to the City Engineer. No proposal will be considered binding upon the City mrtil the execution of this Contract. 3.6 Failure to Execute Contract - Failure to execute a Contract and file an acceptable Bond as provided herein within ten (10) days from date of award shall be j\1St cause for the annuhnent of the award and the forfeiture of the Proposal Guaranty to the City, not as a penalty, but in liquidation of damages sustained. Award may then be made to the next lowest responsible Bidder or the work may be re- advertised or may be constructed by day labor, as the City may decide. 3.7 Evidence of Authority - Before a Contract is executed the Bidder will be required to furnish certified copies of: - Excerpts from the By-Laws; - Excerpts from the Minutes or Resolutions of the Governing Body; - Power of Attorney appointments, and/or other satisfactory evidence of the authority of all persons signing Contracts or Bonds to execute such docwnents, and of the companies bolllld thereby to do business in the State of Florida. BID NO. 40-00/0t DATE: 61t9/0t crtY OF MlAMI BEACH 32 Section 4 SCOPE OF TIlE WORK 4.1 Intent of Plans and Specifications - The intent is to prescribe a complete work of improvement which the Contractur tmdertakes to do. The Contractor shaI1 do all the work indicated in the Proposa1 and on the Plans, and such additional, extra, and incidental work as may be necessary to complete the W OIK to the finished lines, grndes, cross-sections, and dimensions indicated, in a substantia1 and acceptable manners, and when completed, sha11 remove all swplus and discarded materia1 and equipment and leave the site of the Work in a neat, accep1able and finished condition. He sha11 furnish, lllliess otherwise provided in "Special Provisions," al implements, machineIy, equipment, transportation, tools, materials, supplies, labor, and other things necessaIy to the prosecution and completion of the Wark. He sha11 maintain the finished Work Wltil its forrna1 acceptance by the City, as herein provided, and twn it over to the City as a whole, complete, free from defects, and ready for use in full comp1iance with the Plans, these Specifications, the Special Provisions, Proposal, and Contract. 4.2 Special Work - Proposed construction or requirements not covered by these Specifications will be covered by "Special Provisions" and peIfonned or complied with by the Conlractor. 4.3 Alteration of Plans or of Character of Work - The right is reserved for the Engineer to make from time to time such alterations in the Plans or in the character of the worlc as may be considered necessary or desirable to complete fully and perfectly the proposed construction and such alterations sha11 not be considered as a waiver of any conditions of the contract, nor to invalidate any of the provisions thereof. Should such alterations in the Plans result in an increase or decrease of the quantity of worlc to be peIfonned, and should added or eliminated worlc be of the same character as that shown on the original plans, the Contractor shall accept payment in full at the Contract Unit Price for the actua1 quantities of the WOIK done. Should an alteration be a change in the character of the worlc, an equitable SWl1 to be agreed upon, in writing by the Conlractor and the Engineer before such worlc is begun, sha11 be added to or deducted from the Contract Price, as the case may be. No allowance will be made for anticipated profits. 4.4 Extra Work - The Contractor sha11 peIfonn unforeseen worlc, for which there is no quantity and price included in the Contract, whenever it is deemed J1eCe'i.""y or desirable to complete fu1Iy the Worlc as contemplated, and such extra worlc sha11 be peIfonned in accordance with the Specifications and/or as directed; provided, however, that before any "Extra Work" is started a "Supplemental Agreement sha11 be signed by both contracting parties, or a written order from the Engineer to do the Worlc on a "Force AccoWlt" Basis given the Contractor. BID NO. 40-00/01 DATE: 61t9/0t COY OF MlAM1 BEACH 33 4.5 Removal and Disposal of Structure and Obstructions - The Contractor will remove all obstructions that may come in the way of the contemplated improvemen1s, such as pavements, sidewalks, fences, buildings, trees, roots, stumps, logs, old foundations or piling, and other obstructions encOlmtered ei1her above or below the surface of the ground and dispose of them in such manner as the Engineer may direct All work prescribed and involved UIIder this heading shaJl be considered as incidental to and inchxled in the unit price bid for the particular Work in which it is involved and no additional payment will be made therefore WIless otherwise specifically provided in the Special Provisions. 4.6 Rights in and Use of Materials Found on the Work - The Contractor, with the approval of the Engineer, may use in the proposed construction such sand or other material suitable in the opinion of the Engineer, as may be foWJd in the excavation and will be paid for the excavation of such materia1 at the corresponding contract tmit price therefore, but he shall replace at his own expense with 01her suitable material all of that portion of the material so removed and used as was contemplated for use in embankments, back-fills, approaches, or otherwise. No charge for materials so used will be made against the Contractor except the replacement herein provided for. The Contractor shaJl not excavate or remove any materia1 which is not within the excavation, as indicated, without written lIIllhorization from the Engineer. Materials in old structures removed by the Contractor to allow the construction of new structures, and not needed by the City" may be used by the Contractor during construction. Such materials are the property of the City and shall not be cut or otherwise damaged during use or removal, and shaJl afteIwards be disposed of by the Contractor as directed by the Engineer. BID NO. 46-00/0t DATE: 61t9/0t CrIY OF M1AMI BEACH 34 Seetion 5 CONTROL OF THE WORK 5.1 Engineer as Referee - To prevent all disputes and litigations, it is agreed by the parties hereto that the said Engineer shall decide all questions, difficulties, and disputes, of whatever natme, which may arise reJative to the intc'I'.cllltion of the PIaos, construction, proseclltion and fillfi11mm: of this Contract, and as to the character, quality, amount, and value of any worlc: done, and materials furnished, under or by reason of this Contract, and his estimates and decisions upon all claims, questions, and disputes shall be fina1 and conclusive upon the parties thereto. 5.2 Plans - The approved Plans will be supplemented by such worlcing drawings as are necessary to adequately control the W 0Ik. It is mutually agreed that all authorized alterations affecting the requirements and infonnation given on the approved plans shall be in writing. No changes shall be made of any plan or drawing after the same has been approved by the Engineer, except by direction of the Engineer. W orlcing Drawings for any stIucture shall consist of such detailed plans as may be required for the prosecution of the wOIk and are not included in the Plans furnished by the Engineer. They shall include shop details, erection plans, masomy layout diagrams and bending diagrams for reinfOlCing stee~ approval of which by the Engineer must be obtained before any wOIk involving these plans shall be performed Plans for cribs, cofferdams, falsework, centering, and fonn wOIk may also be required, and in such cases sha1I be likewise subject to approval unless approval be waived by the Engineer. It is understood, however, that approval by the Engineer of the Contractor's working drawings does not relieve the Contractor of any responsibility for accuracy of dimensions and details, or of mutual agreement of dimensions and details. It is mutually agreed that the Contractor shall be responsible for agreement and confonnity of his working drawings with the approved Plans and Specifications. The Conlnlcl price shall include the cost of finnishing all worlcing drawings and the Con1ractor will be allowed no extra compensation for such drawings. 5.3 Conformity with Plans and Allowable Deviations - The finished worlc: in all cases shall confonn with lines, grades, cross-sections, and dimensions shown on the approved Plans; any such deviations from the approved Plans and working drawings as may be required by the exigencies of construction will in all cases be detennined by the Engineer and authorized in writing. 5.4 Coordination of Plans, Specifications, and Special Provisions - These Specifications, the Plans, Special Provisions, and all supplementary documents are essential parts of the Contract and a requirement occwring in one is as binding as though occwring in all. They are intended to be cooperative, to descnbe and provide for a complete W 0Ik. In case of discrepancy, figured dimensions shall govern over scaled dimensions. Plans shall govern over Specifications, Special Provisions shall govern over both Specifications and Plans. BID NO. 40-00/0t DATE: 61t9/0t CITY OF MlAMI BEACH 35 5.5 Cooperation of Contractor - The Contractor will be supplied with copies II the Plans, Specifications, and Special Provisions. The Contractor shall have available on the Work at all times, one copy each of said Plans and Specifications and Special Provisions; he shall give the Work the constant attention necessary to facilitate the progress thereof and shall cooperate with the Engineer and with other conlIactorS in every way possible. The Contractor shal1 at all times have a competent Eng1isb-speaking Superintendent, capable of reading and thoroughly UIIdcrstanding the Plans and Specifications, as his agent on the Wark, who shal1 receive instructions from the Engineer or his authorized representatives. The Superintendent shall have full authority to execute the orders or directions of the Engineer without delay and to promptly supply such materials, tools, plant, equipment, and labor as may be required. Such Superintendent shall be fimrished irrespective of the amoWlt of wolk sublet 5.6 Inspectors - Inspectors employed by the Engineer shall be authorized to inspect all work done and materials finnished. Such inspection may extend to all or any part of the Work and to the preparation or manufacture of the materials to be used. An inspector may be stationed on the Work to report to the Engineer as to the progress of the Wolk and the manner in which it is being perfonned; also to report whenever it appears that the materials furnished and work perfonned by the Contractor fail to fu1fil1 the requirements of the Specifications and Contract, and to call to the attention of the Contractor any such failure or other infringements. Such inspection, however, shal1 not relieve the Contractor from any obligation to perfonn all the W olk strictly in accordance with the requirements of the Specifications. In case of any dispute arising between the Contractor and the Inspector as to material furnished or the manner of performing the Work, the Inspector shall have the authority to reject materials or suspend the Work Wltil the question at issue can be referred to and decided by the Engineer. The Inspector shal1 perform such other duties as are assigned to him. He shal1 not be authorized to revoke, alter, enlarge, relax, or release any requirements of these Specifications, not to approve or accept any portion of work, nor to issue instructions contrary to the Plans and Specifications. The Inspector shal1 in no case act as Foreman or perform other duties for the Contractor, nor inteIfere with the management of the Work by the latter. Any advice which the Inspector may give the Contractor shal1 in no way be construed as binding the Engineer in any way, nor releasing the Contractor from fulfillment of the terms of the Contract. Ordinarily one Inspector will be employed by the City for each section of the W olk Wlder Contract; but if, on account of any apparent disregard of these Specifications, additional Inspectors shall be required, they will be employed by the City at the rate of$150.00 per diem each, and the cost of same charged to the Contractor and deducted from the final payment 5.7 Inspection - The Contractor shal1 furnish the Engineer with every reasonable facility for ascertaining whether or not the work perfonned and materials used are in acconIance with the requirements and intent of the Specifications and Contract. If the Engineer requests it, the Contractor shal1 at any time before final acceptance of the Work remove or uncover such portions of the finished W olk as may be directed. After examination the Contractor shall restore said portions of the Work to the standard required by the Specifications. Should the Work thus exposed or examined prove acceptable, the uncovering or removing, and the replacing of the covering or making good of the parts removed, shall be paid for as "Extra Work," but should the work so exposed or examined prove unacceptable, the uncovering or removing and the replacing of the covering or making good of the parts removed, shal1 be at the Contractor's expense. No work shal1 be done nor materials used without suitable supeIvision or inspection by the Engineer or his representative. Failure to reject any defective work or material shal1 not in any way prevent later rejection when such defect be discovered, or obligate the City to final acceptance. BID NO. 40-OO/Ot DATE: 61t9/0t CITY OF MIAMI BEACH 36 5.8 Failure to Remove and Renew Defective Materials and Work - Should the ConIractor fail or refuse to remove and renew any defective materiaJs used or work perfonned, or to make any lle('1"''''''''Y repairs in an acceplable manner and in accordance with the requin:ments of these Specifications within the time indicated in writing, the Engineer shall have the authority to cause the unacceptable or defective materiaJs or work to be removed and renewed, or such repairs as may be necessary, to be made at the Contractor's expense. Any expense inCUITed by the City in making these removals, renewa1s or repairs, which the Contractor has failed or refused to make, shall be paid for out of any monies due or which may become due the Contractor or may be charged against the "Conttact Bond" deposited; and continued failure or refusal on the part of the Contractor to make any or all necessary repairs promptly, fully, and in an acceplable manner shall be sufficient cause for the Board, at its option, may pm:hase materials, tools, and equipment and employ labor or may contract with any other individual, linn, or corporation to perfonn the Work. All costs and expenses inCUITed thereby shall be charged against the defaulting Contractor and the amount thereof deducted from any monies due or which may become due him, or shall be charged against the "Conttact Bond" deposited. Any work perfonned, as described in tills paragraph, shall not relieve the Contractor in any way from his responsibility for the work performed by him 5.9 Final Inspection - Whenever the Work provided and contenplated by the Contractor shall have been satisfactorily completed and the final cleaning up performed, the Fngineer shall within ten (10) days, unless otherwise provided, make the final inspection. BID NO. 46-00/01 DATE: 6/19/01 CITY OF MIAM1 BEAOI 37 Section 6 CONTROL OF MATERIALS 6.1 Source of Supply and QuaHty of Materials - At the option of the Engineer the SOIIICC of supply for each of the materiaJs shall be approved by the Engineer before the deliv~ is Slarted. Representative preliminary samples of the character and quality descnbed shall be submitted by the Contractor or producer for examination and tested in accordance with the methods referred to IDlder Samples and Tests, Paragraph 62. Only materiaJs conforming to the requirements of these Specifications and approved by the Engineer shall be used in the Work. All materials proposed to be used may be inspected or tested at any time during their preparation and use. If, after trial, it is found that sources of supply which have been approved do not furnish a uniform product, or if the product from any sources proves 1DlaCceptable at any time, the Contractor shall finnish approved material from other approved sources. No material which after approval has in any way become unfit for use shall be used in the Work. 6.2 Samples and Tests - For the purpose of assisting his judgment the Engineer may require any or all materials to be subject to test by means of samples or otherwise as he may determine. The Contractor shall afford such facilities as the Engineer may require for collecting and forwarding samples and shall not make use of or incorporate in the Work any material represented by the samples until the tests have been made and the materials found in accordance with the requirements of the Specifications and are acceptable. The Contractor in all cases shall furnish and deliver the required samples without charge. Samples shall be finnished sufficiently in advance so that the results of the required tests may be secured prior to the incorporation of the material in the Work. The manner of collecting and testing samples, as well as all apparatus and equipment used for this purpose, shall conform to the A.S.T.M. Current Standards or Tentative Standards, as the case may be, insofar as these are applicable - unless specifically stated otherwise. 6.3 Storage of Materials - Materials shall be stored so as to insure their preservation and quality and fitness for the work, and shall be so located as to facilitate prompt inspection. Materials improperly stored may be rejected without testing. 6.4 Defective Materials - All materials not conforming to the requirements of these Specifications shall be considered as defective and all such materials, whether in place or not, shall be rejected and shall be removed immediately from the site of the Work, unless otherwise permitted by the Engineer. No rejected material, the defects of which have been subsequently corrected, shall be used IDltil approval has been given. Upon failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this article, the Engineer shall have authority to remove and replace defective material and to deduct the cost of removal and replacement from any monies due or to become due the Contractor. BID NO. 40-00101 DATE: 6/19/01 CITY OF MIAMI BEArn 38 Section 7 LEGAL RELATIONS AND RESPONSmILITY TO THE PUBLIC 7.1 Laws to be Observed - The Contractor IIIUSt fiuniliari2x: himself and COOIJlly with all Federal, State, County, and City laws, ordinances, or regulations, and govern himself acconIance with them. He shaI1 indemnifY and hold harmless the City, the Architects and all of its officers agents, and servants against any claims or liability arising from, oc based on, the violation of any such laws, by-laws, ordinances, regulations, orders, or decrees, whether by himself or his employees. 7.1.1 The requirement of Chapter 31A, Section 27-31 Prevailing Wage is a requirement of many construction contracts that exceed $1,000,000.00. 7.1.2 PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a con1ract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 7.1.3 VENDORAPPLICATlON The City has contracted with DemandStar by Onvia (the City's Vendor Database Management firm); as our electronic procurement service for automatic notification of bid opportunities and document fulfillment We encourage you to participate in this bid notification system. To find out how you can receive automatic bid uotifications or to obtain a copy of this RFP, go to www.demandstar.com or cail toll-free 1-800-711-1712, and request Document #403. Subscnbing to DemandStar by Onvia's bid notification system is not a requirement You will still be able to find bid information and download documents through the City's website btto://ci.miami-beach.tlus). From the City's home page, click on Index, scroll down to Bids, RFPs, RFQs, etc.. click on Bid Information and Bid Status, double click on Order (Actions Column), and double click on Down/oad documents for a fee. You will be charged an administtative fee of $5.00 to download this document It is the responstbility of the bidder to inform DemandStar.com conceming any changes, such as new address, telephone number, or commodities. 7.2 Permits, Licenses, Occupational Licenses - The Contractor shall procure all permits and licenses as required, however, there will be no charge for the construction permits issued by the City of Miami Beach. The Contractor shall also give all notices necessary and incident to the due and lawful prosecution of the Work. BID NO. 40-00/01 DATE: 6/19/01 CITY OF MIAM1 BEArn 39 7.3 Patented Devices, Materials, and Processes - It is mutually understood and agreed that without exception contract prices are to include all royalties and costs arising from r-"" trademaIks, and copyrights in any way involved in the Work. It is the intent that whenever the ConIractor is required or desires to use any design, device, material, or process covered by letters, patent or copyright, the right for such use shall be provided for by suitable legal agreement with the patentee or owner, and a copy of this agreement shall be filed with the Engineer; however, whether or not such agreement is made or noted, the Contractor and the Surety in all cases shall indemnify and save harmless the City from any and all claims for infringement by reason of the use of any such patented design, device, material, or process, to be perfonned under the Contract, and shall indemnify the said City for any costs, expenses, and damages which it may be obliged to pay, by reason of any such infringement, at any time during the prosecution or after completion of the Work. 7.4 Right of Way - In cases where the Work is done on private plOpertythe City guaranIees the Contractor the right-of-way for the construction of the Work, but the Contractor must take all precautions not to inconvenience the tenant or property owner any more than necessary. The right is reserved to omit any sections of the Work which depend upon a right-of-way grant in case such right-of-way is denied the City. The Contractor shall have no claims for damage due to delay by the City in finnishing necessary right-of-way, but should any such delay occur the ConIractor shall be entitled to such extension of time for the completion of his Contract as may be determined by the City to be reasonable. In case of damage to the work on account of work so done, the Engineer may direct the Contractor to make the necessary repairs, and payment for such repairs will be made as provided IUlder "Extra Work." Should the Contractor refuse or neglect to make the said repairs within the time specified, the Engineer shall have the authority to cause such repairs to be made, in which case the Contractor shall not be relieved in any way from his responsibility for the work performed by him. 7.S Restoration of Surfaces Opened by Permit - Any individual, firm, or cmporation wishing to make an opening in the street must secure a permit from, and will be required to deposit security with, the Engineer, in a suitable amount to cover the cost of making the necessary repairs, and the Contractor shall not allow any person or persons to make an opening unless a duly authorized permit from the City is presented. The right is reserved to lay in the street or to repair any sewer, drain, conduit, main, or service pipe or their accessories at any time before the completion of the Work. The Contractor is to exercise such superyjsion thereof as will protect him against defects in the finished Work. in case of damage to the work on account of work so done, the Engineer may direct the Contractor to make the necessary repairs, and payment for such repairs will be made as provided IDlder "Extra Work." Should the Contractor refuse or neglect to make the said repairs within the time specified, the Engineer shall have the authority to cause such repairs to be made, in which case the Contractor shall not be relieved in any way from his responstbility for the work I"',formed by him. 7.6 Sanitary Provisions - The Contractor shall provide and 1J1~;nm;n at his own expense, in a sanitary condition, such accommodations for the use of his employees as is 1'e<:I""""")' to comply with the requirements and regulations of State and County Boards of Health. He shall commit no public nuisance. BID NO. 46-00/01 DATE: 6/19/01 CITY OF MIAM1 BEAOI 40 7.7 Public Convenience and Safety - The Contractor shall conduct the Work so as to insure the least obstruction to traffic practicable, and shall provide for the convenience of the genera1 public and of residents along and adjacent to the Work in a manner satisfuctory to the Engineer. Materials and equipment stored upon the Work shall be placed so as to cause as little obstruction to the pIblic as possible and shall be lighted and barricaded as hereinafter provided. 7.8 Closing Streets - Streets shall not be closed except when and where di......1cd by the Engineer, and whenever the street is not closed the Work must be so conducted that there shall at all times be a safe passageway for traffic. Wbenever it is necessary to divert traffic from any part of the Work the Contractor shall provide and maintain a passable driveway as directed by the Engineer. Suitable banicades, danger warnings, detour signs, etc., as hereinafter provided, shall be maintained by the Contractor in all cases and the Engineers office and the Fire Department shall immediately be notified by telephone or otherwise upon the closing and/or opening of each street or section thereof. 7.9 Barricades, Wamlngs, and Detour Signs - The Contractor shall provide, erect, and maintain, at his own expense, banicades, danger warnings, and detour signs whenever they may be necessary. He shall place sufficient lights on and/or near the Work and keep them burning from twilight to sunrise; shall erect suitable barricades, railings, fences, and/or other protection about the Work; provide all watchmen by day or night and take all other precautions that may be necessary; shall maintain proper guards and lights for the prevention of accidents upon materials, supplies, and equipment, and take all other precautions that may be necessary for the proper protection of the Work and public convenience and safety. Streets closed to traffic shall be protected by effective barricades on which shall be placed acceptable warning signs. The Contractor shall provide and maintain acceptable warning and detour signs at all closures, intersections, and along the detour routes, directing the traffic around the closed portion or portions of the Work, so that the temporary detour route or routes shall be indicated clearly throughout its or their entire length. 7.10 Fire Hydrants, Gutters, Etc. - Fire hydrants on or adjacent to the Work shall be kept accessible to tlte fire apparatus at all times and no material or obstructions shall be placed within ten (10) feet of any such hydrant. Adjacent premises must be given access as far as practicable, and obstruction of sewer inlets, gutters, and ditches will not be permitted. 7.11 Use of Explosives - Unless otherwise expressly stipulated herein, the use of explosives is not contemplated in the prosecution of this Contract, and in no case will their use be jletmitted without the written permission of the City Engineer and a pemllt issued by the Chief of the Fire Department Where such permission for the use of explosives is obtained the Contractor shall use the utmost care so as not to endanger life or property, and whenever directed the mnnber and size of the charges shall be reduced. All explosives shall be stored in a secure manner, and all such storage places shall be marked clearly, "DANGEROUS EXPLOSIVES," and shall be in the care of competent watchmen. BID NO. 40.00/01 DATE: 6/19/01 CITY OF MIAM1 BEAOI 41 7.12 Preservation of Property - The Contractor shall preserve from danger all ~ along the line of Work, the removal or destruction of which is not called for by the Plans. This applies to public utilities, trees, lawns, buildings, fences, bridges, pavements, and other structures, monuments, pipe, underground structures, etc., and wherever such property is damaged due to the activities of the Contractor it shall be immediately restored to its original condition by the Contractor and at his own expense. The Contractor shall give due notice to any depalllllent or public service corporation controlling manholes, valve jackets, meter boxes, street monuments, etc., prior to adjusting them to grade, and shall be held strictly liable to the City if any such appliances are covered up during the construction of the Work. In such case of failure on the part of the Contractor to restore any such property, or make good any damage or injury thereto, the Engineer may, upon forty-eight hours' notice, proceed to repair, rebuild, or otherwise restore such plOpe.ty as may be deemed necessary and the cost thereofwill be deducted from any monies due or which may become due the Contractor IDlder this Contract Nothing in this clause shall prevent the Contractor from receiving proper compensation for the removal or replacement of any public or private property when same is made necessary by alteration of grade or alignment, and such work is authorized by the Engineer, provided that such property has not been damaged through fault of the Contractor, his employees, or agents. 7.13 Responsibility for Damage, Etc. - The Contractor shall indemnifY and save harmless the City, the Board, and all of its officers, agents, and employees from all suits, actions, or claims of any character, name, and description brought for, or on account of, any injuries or damages received or sustained by any person, persons, or property by or from the said Contractor, or by, or in consequence of, any neglect in safeguarding the Work, or through the use of unacceptable materials in the construction of the improvement, or by, or on accolUlt of any act of omission, neglect, or misconduct of the said Contractor, or by, or on account of, any claims or amolUlts recovered for any infiingement of patent, trademark, or copyright, or from any claims or amounts arising or recovered lUlder the "Workmen's Compensation Law" or any other laws, by-laws, ordinance, order or decree, and so much of the money due the said Contractor under and by virtue of his Contract as shall be considered necessary by the Engineer may be retained for the use of the City, or in case no money is due, his surety shall be held lUlti1 such suit or suits, action or actions, claim or claims, for injmies or damages, as aforesaid, shall have been settled and suitable evidence to that effect finnished to the Engineer. The Contractor guarantees the payment of all just claims for materials, supplies, tools, labor, and other just claims against him or any subcontractor in connection with this Contract and his bonds will not be released by final acceptance and payment by the City unless all such claims are paid or released. 7.14 Contractor Responsibility for Work - Until acceptance of the Work by the Board it shall be under the charge and care of the Contractor and he shall take every necessary precaution against injury or damage to any part thereofby the action of the elements or from any other cause whatsoever arising from the execution or from the non execution of the Work. The Contractor shall rebuild, repair, restore, and make good, at his own expense, all injuries or damages to any portion of the Work occasioned by any of the above causes before its completion and acceptance except such ordinary wear and tear as may be due to use on sections opened for service, as hereinafter provided. 7.15 Opening of Section of Work for Service - Whenever, in the opinion of the Engineer, any portion of the Work is in acceptable condition for use it shall be opened for service as may be directed and such opening shall not be held to be in any way an acceptance of the work or any part of it or as a waiver BID NO. 46-00/01 DATE: 6/19/01 CITY OF MIAM1 BEAOI 42 of any provisions of these Specifications and Contract. Necessary repairs or renewa1s made on any section of the Work due to its being opened for use under instructions from the F~, to defective materials or work, or to natural causes other than ordinary wear and tear, pending completion and acceptance of the Work, shall be performed at the expense of the Contractor. 7.16 No Waiver of Legal Rights - The City reserves the right, should an error be discovered in the partiaI or final estimates, or should conclusive proofs of defective work or materials used by or on the part of the Contractor be discovered after the final payment has been made, to claim and recover by process of law such sums as may be sufficient to correct the error or make good the defects in the work and materials. 7.17 Liabilities and Duties of Contractor Not Limited - The mention of any specific duty or liability upon the Contractor in any part of the Specifications shall not be construed as a limitation or restriction upon general liability or duty imposed upon the Contractor by the Specifications, said reference to any specific duty or liability being for purposes of explanation only. No waiver of any breach of the Contract shall constitute a waiver of any subsequent breach of any part thereof, nor of the Contract BID NO. 40-00/01 DATE: 6/19/01 CITY OF MIAM1 BEAOI 43 Section 8 PROSECUTION AND PROGRESS 8.1 Subletting or .4.wgping Contracts - The Contractor will not be permitted to sublet, assign, sell, transfer, or otherwise dispose of the Contract or any portion thereof, or of his right, title, or interest therein to any individual, firm, or corporation without the written consent of the Board. In case such approval is given the Contractor must file with the Engineer copies of all sub-Contracts. No sub-Contracts or transfer of Contract shall in any case release the Contractor ofhis liability under this Contract and Bond. 8.2 Progress of Work - It is understood and agreed that the Contractor shall commence work not later than the time limit for beginning as set forth in the attached Proposal, and shall provide an adequate force of labor and equipment to prosecute the Work at as many different points as may be deemed ~ry by the Engineer so as to insure the completion of the same within the time limit for completion as set forth in the attached Proposal or Contract, except that where the Contractor has more than one uncompleted Contract with the City, he is not to commence another Contract nor place materials on the streets thereof without the consent of the Engineer. 8.3 Limitations of Operations - The work is to be confined, at anyone time, to five squares, not to exceed 1,500 feet in length; and while the work is actually going on, as much as half this 1ength may be barricaded to entirely exclude traffic, but not over half; nor will two consecutive street intersections be allowed to be entirely closed to exclude traffic except by written consent of the Engineer. Street traffic is not to be needlessly obstructed but no street is to be opened to traffic IDltil the Engineer gives his consent The Contractor may erect or maintain along the lines ofhis work such tool boxes, sheds, storehouses, or other buildings as may be necessary, provided such structures do not interfere with the reasonable use of the streets or sidewalks. The size, location, and construction of these must be subject to the approval of the Engineer. The Contractor hereby agrees to arrange his work and dispose his materials so as not to interfere with the operations of other contractors engaged upon adjacent work and to join his work to that of others in a proper manner in accordance with the spirit of the Plans and Specifications, and to perfonn his work in the proper sequence in relation to that of other Contractors, all as may be directed by the Engineer. Each Contractor shall be held responsible for any damage done by him or his agents to the work performed by another Contractor. Each Contractor shall so conduct his operations and maintain the Work in such condition that adequate drainage shall be in effect at all times. 8.4 Character of Workmen and Equipment - The Contractor shall employ such superintendents, foremen, and workmen as are careful and competent Whenever the Engineer shall determine that any person employed by the Contractor is, in his opinion, incompetent, unfaithful, disorderly, or insubordinate such person shall, upon notice, be discharged from the Work and shall not again be employed on it except with written consent of the Engineer. BID NO. 40-00/01 DATE: 6/19/01 CITY OF MIAM1 BEAOI 44 All workmen nmst have sufticiaIt skill and experience to p1~iy p.:.fuull the WIXk assigned them. All workmen engaged on special work or skilled work, or in any trade, shall have had ..dfr.Vont experience in such work to properly and satisfuctorily perform it and to operate the equipment involved, and shall make due and proper effort to execute the Work in the manner prescnbed in these Specifications. Otherwise the Engineer may take action as above prescnbed. Should the ConIractor fail to remove such person or persons, or fail to finnish suitable or sufficient machinery, equipment, or force for the proper prosecution of the Work, the Engineer may withhold all estimates which are or may become due, or may suspend the Work until such orders are complied with. The equipment used on any portion of the Work shall be such that no injury to the roadway, adjacent I"vp<:rty, or other highways will result from its use; and no item of machinery or equipment, after once being place on the Work, shall be removed without the consent of the Engineer. 8.5 Temporary Suspension of Work - The City or Engineer shall have the aulbority to suspend the Work wholly or in part for such period or periods as may be deemed necessary due to unsuitable weather or such other conditions as are considered unfavorable for the suitable prosecution of the Work, or for such time as is necessary due to the failure on the part of the Contractor to carry out orders given or perform any or all provisions of the Contract. If it should become necessary to stop work for an indefinite period, the Contractor shall atore all materials in such manner that they will not obstnx:t or impede the traveling public wmecessari1y, nor become damaged in any way, and he shall take every reasonable precaution to prevent damage or deterioration of the work performed; provide suitable drainage of the roadway by opening ditches, shoulder drains, etc., and erect temporary structures where directed. The Contractor shall not suspend the Work and shall not remove any equipment, tools, lumber, or other materials without the written permission of the Engineer. No allowance of any kind will be made for such suspension of work except an equivalent extension of time for completion of the Contract. 8.6 Computation of Contract Time for Completion of the Work - Contractor shall perform fully, entirely, and in accordance with these Specifications the Work contracted for within specified time stated in the attached Proposal. In adjusting the contract time for the completion of the Work, the length of time expressed in days, during which the prosecution of the Work has been delayed in consequence of any suspension of work ordered by the Engineer, or omission of the Board and not by any fault of the Contractor, shall be added to the contract time as set forth in the attached Proposal, all of which shall be determined by the Engineer, and whose determination shall be binding and conchtsive upon both parties to the Contract. If the satisfactory execution and completion of the Contract shall require work or material in greater value than set forth in the Contract, then the contract time shall be increased in the same ratio as the additional value bears to the original value contracted for. No allowance shall be made for delay or suspension of the prosecution of the Work due to fau1t or negligence of the Contractor. No claim for damages shall be made or allowed on account of delay or gostponement occasioned by the precedence of other contracts which may be either let or executed before the execution of the Contract, or on account of the streets or structures adjacent to the Work not being in the condition contemplated by the parties at the time of making the Contract, or on account of delay in the removal of obstructions; but if the Contractor shall be delayed in the performance of his work by reason of the streets or structures adjacent to the Work not being in condition contemplated, or on accolDlt of delay in the removal of obstructions, or by reason of the Work or any part thereofbeing suspended on account of other contracts, or for any other reason, such allowance of time will be made as the Engineer shall deem reasonable. BID NO. 46-00/01 DATE: 6/19/01 CITY OF MIAM1 BEAOI 45 8.7 FalIure to Complete the Work on Time - The Work to be done under this Contract is to be beglDl on or before the date set forth in the attached Proposal, and shall be prosecuted with proper dispatch towards completion to the satis1iIction of the Engineer, and is to be fully completed within the time limit set forth in the attached PI~ and it is 1D1derstood and agreed that the time limit fir the completion of said Work is of the essence of the Contract, and should the ConIractor fail to complete the Work on or before the date specified it is agreed that for each calendar day that any work shall remain uncompleted, after the time specified in the attached Proposal, with any extension of time which may be allowed by the Engineer for the completion of the Work provided for in these Plans, Specifications, Special Provisions, and Contract, the sum per day given in the following schedule shall be deducted from the monies due to the Contractor, not as a penalty but as liquidated damages and added expense for supervision on each Contract: AmOlDlt of Liquidated Damages and Estimated Cost of Supervision Per Day See Paragraph 3.2 of Agreement The Contractor shall take into accolDlt all contingent work which has to be done by other parties, arising from any cause whatsoever, and shall not plead his want of knowledge of said contingent work as an excuse for delay in his work or for its non- performance. Nothing in this clause shall be construed as limiting the right of the Board to declare the Contract forfeited, to take over the Work, or to claim damages for the failure of the Con1ractor to abide by each and every one of the terms of this Contract as set forth and provided for in the General Provisions, Special Provisions, and Specifications herein contained. 8.8 Annulment of Contract - If the Contractor fails to begin the Work 1D1der Contract within the time specified, or fails to perform the Work with sufficient workmen and equipment or with sufficient materiaJs to insure the prompt completion of said Work, or shall perform the Work unsuitably, or shall neglect or refuse to remove materials or perform anew such work as shall be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work, or if the Contractor shall become insolvent or be declared bankrupt, or commit any act ofbankruptcy or insolvency, or allow any final judgement to stand against him IDlSatisfied for a period of forty eight (48) hours, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry on the Work in an acceptable manner, the Engineer may give notice in writing to the Contractor and his Surety of such delay, neglect, or def.wlt, specifYing the same, and if the Contractor, within a period of ten (10) days after such notice shall not proceed in accordance therewith, then the Board shall upon written certificate from the Engineer of the fuct of such delay, neglect, or default and the Contractor's failure to comply with such notice, have full power and authority, without violating the Contract, to take the prosecution of the work out of the hands of said Contractor, to appropriate or use any or all materials and equipment on the ground as may be suitable and acceptable and may enter into an agreement for the completion of said Conttact according to the terms and provisions thereof, or use such other methods as in its opinion shall seem advisable for the completion of said Contract in an acceptable manner. BID NO. 4~/01 DATE: 6/19/01 CITY OF MIAM1 BEAOI 46 All costs and charges inCUITed by the Board, together with the costs of completing the Work under contract, shall be deducted from any monies due or which may become due said Contractor. In case the expense shall exceed the swn which would have been payable under the Contract, then the Contractor and the Surety shall be liable and shall pay to the City the amOlDlt of said excess. 8.9 Tenninatiou of Contractor's Respousibillty - This Contract will be considered complete when all work has been completed, final inspection made, and the work accepted by the Board as bereinafter provided. The Contractor will then be released from further obligation except as set forth in his bond, and except as provided in Article 7.16 of these Specifications. BID NO. 40-00/01 DATE: 6/19/01 CITY OF MIAM1 BEACH 47 Section 9 MEASUREMENT AND PAYMENT 9.1 Measurement of Quantities - All work completed under this ConIract shall be measured by the Engineer, according to United States Standard Measures. All measurements shall be taken horizonta1 or vertical, except for paving surfaces, which will be taken along the actual surface of the pavement No allowance shall be made for surfaces laid over a greater area than authorized or for material moved from outside of slope-stakes and lines shown on the Plans, except where such work is done upon written instructions of the Engineer. 9.2 Scope of Payments - It is understood and agreed that the Contractor shall receive and accept the prices and rates, as herein specified, in full payment for furnishing all materials, labor, equipment, and tools, and for performing all the Work contemplated and embraced in the attached Specifications and Proposal, also for all loss or damage arising out of the nature of the Work aforesaid, or from the action of the elements or for any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work, until its final acceptance as bereinafter provided for, and also for all risks of every description and all expenses incwred by or in consequence of the suspension or discontinuance of the Work as herein provided for, or for any infiingement of patent, trademark, or copyright, and for the completion of the Work in accordance with the Plans, Specifications, and Contract 9.3 Payment and Compensation for Altered Quantities -When Alterations in Plans or quantities of work not requiring Supplemental Agreements as hereinbefore provided for are ordered and perfonned, the Contractor shall accept payment in full at the Contract writ price for the actual quantities of work done; no allowance will be made for anticipated profits; increased or decreased work involving Supplemental Agreements shall be paid for as stipulated in such agreement 9.4 Force Account Work - All Extra Work done on a "Force Account" basis shall be performed by such labor, teams, tools, and equipment as may be specified by the Engineer, and will be paid for in the following manner. (a) For all labor, teams, and foremen in direct charge of the specified operations, the Contractor shall receive the current local rate of wages, to be agreed upon in writing before starting such work, for every hour that said labor, teams, and foremen are actually engaged in such work, to which shall be added an amOlDlt equal to 15 percent of the sum thereofwhich shall be considered as full compensation for general supervision and the finnishing and repairing of small tools and onIinary equipment used on the contract such as picks, hand shovels, plows, etc. In addition to the above, the Contractor shall receive the actual cost for Social Security Taxes, Unemployment Insurance, and Workmen's Compensation Insurance involved in such forCe acCOWlt work, based on the actual wages paid the said labor and foremen. No percentage will be added to the cost of such taxes or insurance. (b) For all materials used the Contractor shall receive the actual cost of such materials, delivered at the site, as shown by the original receipted bills, but no percentage shall be allowed on the cost of such materials. BID NO. 46-00/01 DATE: 6/19/01 CITY OF MIAM1 BEAOI 48 (c) For any special equipment or """,1tinP.ry, such as power drivm rollers, tractors, trucks, shovels, drills, concrete mixers, pumps, and hoists, also industrial railway eqniprnrm, aushers, etc., required for the economical performance of the work, the Engineer sball allow the Contntctor a reasonable rental price to be agreed upon in writing before such work is begun, for each and eveI'Y hour that said special equipment is in use on the work, to which sum no percentage sball be added. The compensation as herein provided shall be received by the Contractor as payment in full for Extra Work done on a force account basis. The ContractOI's representative and the Inspector shall compare records of extra work done on a force account basis at the end of each day. Copies of these records shall be made in duplicate upon a fonn provided for this purpose by the Inspector and signed by both the Inspector and the ContlactOl's representative, one copy being forwarded, respectively, to the Engineer of his authorized representative, and to the Contractor. All claims for extra work done on a force account basis shall be submined as hereinbefore provided by the Contractor upon certified statements, to which shall be attached original receipted bills covering the costs of and the freight charges and hauling on all materials used in such work, and such statements shall be submitted to the Engineer on the cunent estimate of the month in which work was actually done. 9.S Omitted Items - The City shall have the right to cancel the portions of the Contract relating to the construction of any items therein by the payment to the Contractor of a fair and equitable amount covering all items incurred prior to the date of cancellation or suspension of the work by order of the Engineer. 9.6 Partial Payments - If the Work progresses according to Contract, the Contractor will be paid monthly ninety (90) percent of the vahle of the work completed, and materials finnished by the Contractor IDlder these Specifications, wben such materials have been delivered, inspected, and payments satisfactorily vouched for to the Engineer, provided the materials, in the judgment of the Engineer, are such as will probably be incorporated in the Work within thirty (30) days; ten (10) per cent of the amount due being reserved until a final settlement after the completion of the Work. Contractor shall provide PARTIAL RELEASE OF LIENS with each Application for payment. It is understood and agreed that the City may also deduct from any estimate, either partial or final, the amolDlt of any IDlsatisfied claim against the Contractor for labor, materiaJs, teams, equipment and/or other things as elsewhere provided herein. Should any defective work or material be discovered previous to the final acceptance, or should a reasonable doubt arise previous to the final acceptance as to the integrity of any part of the completed Work, the estimate and payment for such defective or questioned work shall not be allowed until1he defect has been remedied and causes for doubt removed. The monthly payments shall be approximate only, and all partial estimates and payments sball be subject to correction in the final ~ and payment. If 1he to1al amount of the retained percentage of the Contract is greatly in excess of the IDlcompleted portion of the Conttact the Engineer may allow the Contractor a portion of the suspended payment, provided that the City shall at all times retain an amount sufficient to enable it to complete the uncompleted work in the Contract and liquidate lDlsatisfied claims. BID NO. 40-00101 DATE: 6/19/01 CITY OF MIAMI BEAOI 49 9.7 Acceptance and FIDal Payment - Whenever the improvement provided for under this Contract shall have been completely perfonned on the part of the Contractor, and all parts of the Work have been approved by the Engineer according to the Contract, and all trash, debris, equipment, and other things used in the construction removed from the site of the construction and from the adjoining land, the Engineer, after final inspection as provided herein, shall certifY such fact to the Boan1 in writing, recommending the acceptance of the Work. Upon acceptance of the Work by the Board, a Final Estimate showing the value of the Work will be prepared by the Engineer as soon as the necessary measurements and computations can be made all prior certificates or estimates upon which payments have been made being approximate only and subject to collection in the Final Estimate. The amount of the Final Estimate, less any swns that may have been deducted or retained under the provisions of this Contract, will be paid to the Contractor within thirty (30) days after the Final Estimate has been approved by the Board, provided that the Contractor has finnished to the Boan1 a sworn affidavit to the effect that all bills are paid and no suits are pending in connection with the Work done IDlder this Contract. Upon this final payment the City is to be released from allliahility whatever growing out of this Contract. No final payment shall be made without the submittal of the following documents: the FINAL RELEASE OF LIEN, THE FINAL RELEASE OR LETTER OF APPROVAL OF THE SURETY COMPANY, the FINAL CERTIFICATE OF COMPLETION or FINAL CERTIFICATE OF OCCUPANCY FROM THE BUILDING OFFICIAI.. a LETfER OF FINAL COMPLETION or LETTER OF FINAL ACCEPTANCE from the NE of record, approved by the City. BID NO. 46-00/01 DATE: 6/19/01 CITY OF MIAMI BEAOI SO Section 10 SPECIAL PROVISIONS 10.1 WORKMEN'S COMPENSATION: Before starting work the Contractor shall finnish satisfactory evidence that he has complied with the Workmen's Compensation Act of the State of Florida, and any amendments thereto, and all laws pertaining to the protection of his employees. 10.2 BONDS: Contract Bonds will be required. The Perfonnance and Payment Bonds shall each be in the amount of one hundred (100"10) percent of the contract price, submitted by the successful bidder and placed through a Miami Beach agency where practicable. I 0.3 PROTECTION TO PUBLIC: The Contractor shall erect and maintain barricades and warning signs to protect the public during the course of the work. The Contractor shall take every precaution to protect the abutting properties and minimize the possibility of damage to same. Contractor shall be liable for restoration of all property including City property. 10.4 LEGAL LIABILITY: All suits, actions, or claims of whatever nature which, may arise occasioned either directly or indirectly by the work provided for under the Specifications herein, shall be assumed by the Contractor and the City Commission and all its officers, agents, employees shall be indemnified and saved harmless therefrom. 10.5 FAMILIARIZATION: The Contractor shall visit the site of proposed work in order to become fumiliar with existing conditions at the site. 10.6 PERMITS: The Contractor shall procure all permits and licenses as required, however, there will be no charge for the construction permits issued by the City of Miami Beach. 10.7 CONFLICT BETWEEN SPECIAL PROVISIONS AND GENERAL PROVISIONS: In case of conflict between the requirements of Special Provisions and General Provisions, the requirements of the Special Provisions will prevail. 10.8 LIMITATIONS OF OPERATIONS: No work shall be accomplished on Saturdays and SlDldays. No work shall take place between the hours of 6:00 p.m. and 7:00 a.m., however contractor may take necessary precautions to protect work already accomplished. Any work that the contractor finds necessary to provide during the above days and times, must obtain written pennission from the P1qlerty Management Director or designated representative. BID NO. 46-00101 DATE: 6/19/01 CITY OF MIAM1 HEAOI 51 TecI111k:al Snecifieations I. Plans and specifications prepared by REG Architects, Inc. 1. Technical SueclftcatJons: (DMSIONS 1. 16 ) DIVISION 1- GENERAL REOUlREMENTS DIVISION 2 - SITE CONSTRUCTION DMSION 3 - CONCRETE DMSION 4 - MASONRY DMSION 5 - METALS DMSION 9 - FINISHES DMSION 16 - ELECTRICAL 2. DrawingsIPlans for the Citywide Park Improvemeuts (dated 513/01) (INDEX OF DRAWINGS) (CS) COVER SHEET/LOCATION MAP & INDEX OF DRAWINGS (CS) STILLWATER PARK (CS-l) COVER SHEETILOCATION MAP & INDEX OF DRAWINGS (CS) (A1.O) CONSTRUCTION MATERIALS & STRUCTURAL GEN. NOTES (AU) FENCING PLANS ELEV. AND NOTES (A1.2) FENCING DETAILS AND NOTES CRESPI PARK (CS-2) COVER SHEETILOCATION MAP & INDEX OF DRAWINGS (CS) (A2.0) CONSTRUCTION MATERIALS & STRUCTURAL GEN. NOTES (A2.1) FENCING PLANS ELEV. AND NOTES (A2.2) FENCING DETAILS AND NOTES TATUM PARK (CS-3) (A3.0) (A3.1) (A3.2) COVER SHEETILOCATION MAP & INDEX OF DRAWINGS (CS) CONSTRUCTION MATERIALS & STRUCTURAL GEN. NOTES FENCING PLANS ELEV. AND NOTES FENCING DETAILS AND NOTES BID NO. 4Cl-00101 DATE: 6/19/01 CITY OF MIAM1 BEAOI 51 Technical Suedfleations LAGORCE PARK (CS4) COVER SHEETILOCATION MAP & INDEX OF DRAWINGS (CS) (A4.0) CONSTRUCTION MATERIALS & STRUCTURAL GEN. NOTES (A4.l) FENCING PLANS ELEV. AND NOTES (A4.2) FENCING DETAILS AND NOTES (A4.3) PLANTING DETAILS AND NOTES FISHER PARK (CS-S) COVER SHEETILOCATION MAP & INDEX OF DRAWINGS (CS) (AS.O) CONSTRUCTION MATERIALS & STRUCTURAL GEN. NOTES (AS. 1) FENCING PLANS ELEV. AND NOTES (AS.2) FENCING DETAILS AND NOTES (AS.3) PLANTING DETAILS AND NOTES ISLAND VIEW PARK (CS-6) COVER SHEETILOCATION MAP & INDEX OF DRAWINGS (CS) (A6.1) FENCING PLANS ELEV. AND NOTES (A6.2) FENCING DETAILS AND NOTES (A6.3) PERGOLA PLANS AND DETAILS (86.1) PERGOLA PLANS AND DETAILS (86.2) CONSTRUCTION MATERIALS & STRUCTURAL GEN. NOTES (E6.1) LIGHT POLE REPLACEMENT DETAILS AND NOTES (30) TOTAL DRA WINGS/PLANS BID NO. 40-00J0l DATE: 6/19/01 CITY OF MIAMI BEAOI 53 C.O.D Order T-SQUARE ATTN:CARMF.N DAVILA FAX3eW~ PHONE 3eW)f1234 EX. ne CITY OF MIAMI BEACH BID # 40 Authorized by : JOHN G. ELLIS Complete Set Qty_Sets of Architectural & Landscape Qty_Civil, Structural, & Demolition_ Qty_MEP Qty _ Specifications Others Fax: 305.673.7851 Half Size Half Size Half Size Half Size Full Size Fun Size Full Size Fun Size Price per SQ.FT $ .Ucnu fullslzei half size $ 1.00 per fint copy &.45 second copy Total (M1NIMUM ORDER FOR FREE DELIVERY $20.00 PER DELIVER) COMPANYNAME: ORDER BY: Bill to: COD T-Square Acct# 613204 Cash,_ Credit Card #I Vlsa:_ Am..:_Master,_Other: Ex. date In the oame of: Authorization signature Ship TO: City State zip code Phone:_-_..._Fax:_ -_.._ Contadoame Title Received by: shipped by: UPS #I FEDEX #I Received by: sbipped by: UPS #I FEDEX #I Nest day air _ Nest day air saver _Ground _Second day air AM Second air Three day select Handling charge $ Order recelved by T -square: Title: ANY QUESTION AT T-SQUARE PLEASE CALL 305 - 324-1234 ASK FOR: Rusty James * VP l"rodudlon Don Walker = Production Dto Jesus Luya = Production Dto. Veronica Lorza = ACCOWlt Manager Carmen Elena Davila = Sales Manager Est. 202 = Ext 224 = Ext. 224 = Ext. 230 = Ext.320 If you already have account with T -Square please used your account # to please de order. Thank you for you business. BID NO. 46-00/01 DATE: 6/19/01 CITY OF MIAM1 BEAOI 54 DMSION 3. LOBBYISTS Sec. 2-481. Definitions. The following words, terms and phrases, when used in this division, shall have the I1lelII1ingl< ascnbed to them in this section, except where the context clearly ~ a different TI1l'.aIJing: Advisory personnel means the members of those city boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commissioners. Autonomous personnel includes but is not limited to the members of the housing authority, personnel board, pension boards, and such other autonomous or semi-autonomous authorities, boards and agencies as are entrusted with the day-to-<lay policy setting, operation and management of certain defined fimctions or areas of responstbility. Commissioners means the mayor and members of the city commission. Departmental personnel means the city manager, all assistant city managers, all department beads, the city attorney, chief deputy city attomey and all assistant city attorneys; however, all departmental personnel when acting in connection with administrative hearings shall not be included for purposes of this division. Lobbyist means all persons employed or retained, whether paid or not, by a principal who seeks to encourage the passage, defeat or modification of any ordinance, resolution, action or decision of any commissioner; any action, decision, recommendation of any city board or committee; or any action, decision or recommendation of any personnel defined in any manner in this section, dming the time period of the entire decision-making process on such action, decision or recommendation that foreseeably will be heard or reviewed by the city commission, or a city board or committee. The term specifically includes the principal as well as any agent, attorney, officer or employee of a principal, regardless of whether such lobbying activities fu1l within the nonnal scope of employment of such agent, attorney, officer or employee. Quasi-judicial personnel means the members of the plmming board, the board of adjustment and such other boards and agencies of the city that perform such quasi-judicial fimctions. The nuisance abatement board, special master hearings and administrative hearings shall not be included for pwposes of this division. (Ord. No. 92-2777, ~~ 1,2,3-4-92; Ord. No. 92-2785, ~~ 1,2,6-17-92) Cross reference(s)--Definitions generally, ~ 1-2. BID NO. 46-00/01 DATE: 6/19/01 CITY OF MIAM1 BEAOI 55 Sec. 2-482. Registration. (a) All lobbyists shall, before P.I1gllging in any 10bbying activities, regisler with the city clerk. Every pelSOll required to register shall register on forms prepared by the clerk, pay a registration fee as specified in appendix A and state IDlder oath: (I) His name; (2) His business address; (3) The name and business address of each person or entity which has employed the registrant to lobby; (4) The commissioner or personnel sought to be lobbied; and (5) The specific issue on which he has been employed to lobby. (b) Any change to any information originally filed, or any additiona1 city C01IIIllissioner or personnel who are also sought to be lobbied shall require that the lobbyist file an amendment to the registration forms, a\though no additional fee shall be required for such amendment The lobbyist has a continuing duty to supply information and amend the forms filed throughout the period for which the lobbying occurs. (c) If the lobbyist represents a corpoIation, partnership or trust, the chief officer, partner or beneficiary shall also be identified. WitOOut limiting the foregoing, the lobbyist shall also identify all persons holding, directly or indirectly, a five percent or more ownership interest in such corporation, partnership, or trust. (d) Separate registration shall be required for each principal represented on each specific issue. Such issue shall be descnbed with as much detail as is practical, including but not limited to a specific description where applicable of a pending request for a proposal, invitation to bid, or public hearing number. The city clerk shall reject any registration statement not providing a description of the specific issue on which such lobbyist has been employed to lobby. (e) Each person who withdraws as a lobbyist for a particular client shall file an apl'lUl'liate notice of withdrawal. (f) In addition to the registration fee required in subsection (a) of this section, registration of all lobbyists shall be required prior to October I of every even-numbered year; and the fee for biennial registration shall be as specified in appendix A. (g) in addition to the matters addressed above, every registrant shall be required to state the extent of any business, financial, familia1 or professional relationship, or other relationship giving rise to an "I'p=dlICe of an impropriety, with any current city commissioner or personnel who is sought to be lobbied as identified on the lobbyist registration form filed. (h) The registration fees required by subsections (a) and (f) of this section shall be deposited by the clerk into a separate account and shall be expended only to cover the costs inCUITed in administering the provisions of this division. There shall be no fee required for filing a notice of withdrawal, and the city manager shall waive the registration fee upon a finding of financial hardship, based upon a sworn statement of the applicant. AnypelSOll who only appears as a representative ofa nonprofit corporation or entity (such as a charitable organization, a neighborllood or homeowner association, a local chamber of commerce or a trade association or trade 1D1ion), without special compensation or reimbursement for the appearance, BID NO. 46-00/01 DATE: 6/19/01 cnv OF MIAM1 BEAOI 56 whether direct, indirect or contingent, to ."q....... support of or opposition to any item, shall not be required to register with the clerk as required by this section. Copies of registration forms shall be finnished to each commissioner or other pelSOIIDCl named on the forms. (Ord. No. 92-2777, ~ 3, 3-4-92; Ord. No. 92-2785, ~ 3, 6-17-92) Sec. 2-483. Exceptions to regislmtion. (a) Any public officer, employee or appoinll:e or any person or entity in contracluaI privity with the city who only appears in his official capacity shall not be required to register as a lobbyist. (b) Any person who only appears in his individual capacity at a public hearing before the city commission, planning board, board of adjustment, or other board or committee and has no other communication with the personnel defined in section 2-481, for the purpose of self-representation without compensation or reimbursement, whether direct, indirect or contingent, to express support of or opposition to any item, shall not be required to register as a lobbyist, including but not limited to those who are members ofhomeowner or neighborllOod associations. All speakers shall, however, sign up on forms available at the public hearing. Additionally, any person requested to appear before any city personnel, board or commission, or any person compelled to answer for or appealing a code violation, a nuisance abatement board hearing, a special master hearing or an administrative hearing shall not be required to register, nor shall any agent, attorney, officer or employee of such person. (Ord. No. 92-2777, ~~ 4, 5, 3-4-92; Ord. No. 92-2785, ~~ 4, 5, 6-17-92) Sec. 2-484. Sign-in logs. In addition to the registration requirements addressed above, all city departments, including the offices of the mayor and city commission, the offices of the city manager, and the offices of the city attorney, shall maintain signed sign-in logs for all non- city employees or personnel for registration when they meet with any personnel as defined in section 2-481. (Ord. No. 92-2785, ~ 6, 6-17-92) Sec. 2-485. List of expenditures. (a) On October I of each year, lobbyists shall submit to the city clerk a signed statement under oath listing all lobbying expenditures in the city for the preceding calendar year. A statement shall be filed even if there have been no expenditures during the reporting period. (b) The city clerk shall publish logs on a quarterly and annual basis reflecting the lobbyist registrations filed. All logs required by this section shall be l'u;;l""ed in a marmer substantially similar to the logs prepared for the state legislature pursuant to F.S. ~ 11.0045. (c) All members of the city commission and all city personnel shall be diligent to ascertain whether persons required to register pursuant to this section have complied with the requirements of this division. BID NO. 46-00/01 DATE: 6/19/01 CITY OF MIAM1 BEAOI 57 Conunissioners or city personnel may not knowingly permit themselves to be lobbied by a pen;on who is not registered pursuant to this section to lobby the commi..<rioner or the relevant committee, board or city personnel. (d) The city attorney shall investigate any persons engaged in lobbying activities who are .eported to be in violation of this division. The city attaney shall report the resulls of the invesli~ to the city commiR'lion. Any alleged violatoc shall also receive the resu1ts of any investigation and shall have the opportunity to rebut the findings, if necessary, and submit any written material in defense to the city commission. The city commission may reprimand, censure, suspend or prohibit such person from lobbying before the commission or any committee, board or personnel of the city. (Ord. No. 92-2777, ~ 6, 3-4-92; Ord. No. 92-2785, ~ 7, 6-17-92) BID NO. 46-00/01 DATE: 6/19/01 em OFMJAMI BEAOI 58 DIVISION 4. PROCUREMENT Sec. 2-486. Cone of sHenee. (a) Contracts for the provision of goods and services other than audit contracts. (1) Definition. "Cone ofsi1ence" is hereby defined to mean a prohibition on: (a) any COIIIII1lIIIicaon regarding a particular request for proposal ("RFP"), request fur qualifications (''RFQ''), request for letters of interest ("RFU"), or bid between a potential vendor, service provider, bidder, lobbyist, or consu1tant and the city's professional staff including, but not limited to, the city manager and his or her staff; and (b) any communication regarding a particular RFP, RFQ, RFLI, or bid between the mayor, city commissioners, or their respective staffs, and any member of the city's professional staff inchtding, but not limited to, the city manager and his or her staff. Notwithstanding the foregoing, the cone of silence shall not apply to competitive processes for the award of CDBG, HOME, SHIP and Surtax Funds administered by the city office of community development, and communications with the city attorney and his or her staff. (2) Procedure. a. A cone of silence shall be imposed upon each RFP, RFQ, RFU, and bid after the advertisement of said RFP, RFQ, RFLI, or bid At the time of imposition of the cone of silence, the city manager or his or her designee shall provide for public notice of the cone of silence. The city manager shall inch1de in any public solicitation for goods and services a statement disclosing the requirements of this division. b. The cone of silence shall terminate a) at the time the city manager makes his or her written recommendation as to selection of a particular RFP, RFQ, RFLI, or bid to the city commission; provided, however, that if the city commission refers the manager's recommendation back to the city manager or staff for further review, the cone of silence shall be reimposed until such time as the manager makes a subsequent written recommendation, or b) in the event of contracts for less than $10,000.00, when the city manager executes the contract (3) Exceptions. The provisions of this ordinance shall not apply to oral communications at pre-bid conferences, oral presentations before evaluation committees, contract discussions during any duly noticed public meeting, public presentations made to the city coonnissioners during any duly noticed public meeting, contract negotiations with city staff following the award of an RFP, RFQ, RFLI, or bid by the city commission, or communications in writing at any time with any city employee, official or member of the city commission, unless specifically prolubited by the applicable RFP, RFQ, RFU, or bid documents. The bidder or proposer shall file a copy of any written communications with the city clerk. The city clerk shall make copies available to any person upon request. (b) Audit contracts. (1) "Cone of silence" is hereby defined to mean a proInbition on: (a) any communications regarding a particular RFP, RFQ, RFLI, or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and the mayor, city commissioners or their respective staffs, and any member of the city's professional staff including, but not limited to the city manager and his or her staff, and (b) any oral communication regarding a BID NO. 46-00/01 DATE: 6/19/01 CITY OF MIAM1 BEAOI 59 particular RFP, RFQ, Rill, or bid between the mayor, City commissionm or their respective staffs and any member of the city's professional staff including, but not Iimited to, the city l1IlIIIIIger and his or her staff. NQtwidI.-.m..g the foregoing, the CODe of silence shall not apply to communications with the city attorney and his or her staff. (2) Except as provided in subsections (bX3) and (bX4) hereof, a cone of silence shaI1 be imposed upon each RFP, RFQ, RFU, or bid for audit services after the advertisement of said RFP, RFQ, Rill, or bid At the time of the imposition of the cone of silence, the city l1IlIIIIIger or his or her designee shall provide for the public nolice of the CODe of silence. The cone of silence shall terminate a) at the time the city manager makes his or her written recommendation as to the selection of a particular RFP, RFQ, RFLI, or bid to the city commission; provided, however, that if the city commission refers the manager's recommendation back to the city manager or staff for further review, the cone of silence shall be reimposed until such time as the manager makes a subsequent written recommendation, or b) or in the event of contracts for less than $10,000.00, when the city manager executes the contract. (3) Nothing contained herein shall prolubit any bidder or proposer: (I) from making public presentations at duly noticed pre-bid conferences or before duly noticed evaluation committee meetings; (ii) from engaging in contract discussions during any duly noticed public meeting; (iii) from engaging in contIlIct negotiations with city stiff following the award of an RFP, RFQ, RFU, or bid for audit by the city commission; or (iv) from communicating in writing with any city employee or official for pwposes of seeking clarification or additional information from the city or responding to the city's request for clarification or additional information, subject to the provisions of the applicable RFP, RFQ, RFLI, or bid documents. The bidder or proposer shall file a copy of any written communication with the city clerk. The city clerk shall make copies available to the general public upon request. (4) Nothing contained herein shall prohibit any lobbyist, bidder, proposer, or other person or entity from publicly addressing the city commissionm during any duly noticed public meeting I"ll"'di..g action on any audit contract. The city manager shall include in any public solicitation for auditing services a statement disclosing the requirements of this division. (c) Violationslpena1ties and procedures. An alleged violation of this section by a particular hidder or proposer shall subject said bidder or proposer to the same procedures set forth in section 2-457, shall render any RFP award, RFQ award, RFLI award, or bid award to said bidder or proposer void, and said bidder or proposer shall not be considered for any RFP, RFQ, RFLI or bid for a contract for the provision of goods or services for a period of one year. Any person who violates a provision of this division shall be prohibited from serving on a city evaluation cmunittee. In addition to any other penalty provided by law, violation of any provision of this division by a city employee sha11 subject said employee to disciplinary action up to and including dismissal. Additionally, any person who has personal knowledge of a violation of this division shall report such violation to the state attorney aOO'or may file a complaint with the COlDlty elhics commission. (Ord. No. 99-3164, ~ 1,1-6-99) BID NO. 46-00/01 DATE: 6/19/01 CITY OF MIAM1 BEAOI 60 ORDINANCE NO 2000-3234 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FWRIDA, AMENDING CHAPIER 2, ARTICLE VI, ENTIILED ''PROCUREMENT', BY CREATING DMSION 5, ENTITLED "DEBARMENT", SECTIONS 2-397 THROUGH 2-406 OF THE CODE OF THE CITY OF MIAMI BEACH, FWRIDA, PROVIDING FOR DEBARMENT OF CONTRACTORS FROM CITY WORK.; PROVIDING FOR SEVERABILITY; CODIFICATION; REPEALER; AND AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Miami Beach City Code, Chapter 2, entitled "Administration", Article VI, entitled "Procurement", is hereby amended by adding the following Division 5, entitled - "Debarment of Contractors from City Work" reading as follows: Division 5. Debarment of contractors from City work. Section 2-397 Purpose of debarment. (a) The City shall solicit offers from, award contracts to, and consent to subcontractors with responsible contractors only: To effectuate this police, the debarment of contractors from City work may be undertaken. (b) The serious nature of debarment requires that this sanction be imposed only wben it is in the public interest for the City's protection. and not for purposes of punishment Debarment shall be imposed in accordance with the procedures contained in this ordinance. Section 2-398 Definitions. (a) Affiliates. Business concerns. organizations, lobbyists or other individuals are affiliotes of each other if, directly or indirectly. (I) either one controls or has the power to control the other, or (ii) a third part controls or has the power to control both. Indicia of control include, but are not limited to. a fiduciary relation which results from the manifestation of consent by one individual to another that the other shall act on his behalf and subject to his control, and consent by the other so to act; interlocking management or ownershiJl; identity of interests among fumily members; shared &cilities and equipment; common use of employees; or a business entity organized by a debarred entity, individual, or affiliate following debarment of a contractor that has the same or similar management, ownership, or principal employees as the contractor that was debarred or suspended. (b) Civil judgment means a judgment or finding of a civil offense by any court of ~ll:;JJt jurisdiction. BID NO. 40-00/01 DATE: 6/19/01 CITY OF M1AM1 HEAOI 61 (c) Contractor means any individual or other Iega1 entity that: (1) Directly or indirectly (e.g. through an affiliate). submits offers for is awarded" or rea."'""""'ly may be expected to submit offers or be awarded a City contract, including, but not IimiIrd to vendors, suppliers, providers, bidders, proposers, consultants, and/or design professionals, or (2) Conducts business or reasonable man be expected to conduct business. with the City as an agent" representative or subcontractor of another contractor. (d) Conviction means a judgement or conviction of a criminal offense. be it a felony or misdemeanor, by any court of competent jurisdiction. whether entered upon a verdict or a plea. and includes a conviction entered upon a plea of nolo contendere (e) Debarment means action taken by the Debarment Committee to exclude a contractor (and. in IimiIrd instances specified in this ordinance. a bidder or proposer from City conUacting and City approved subcontracting for a reasonable, specified period as provided in subsection G) below: a contractor so excluded is debarred. (f) Debarment Committee means a group of seven (7) individual members, eaclt appointed by the Mayor and individual City Cotmnissioners, to evaluate and. if warranted. to impose debannent, (g) JIP'6f18"S~l'a"ee Greater weight of the evidence means proof by information that, compared with that opposing it ,leads to the conclusion that the fact at issue is more probably true than not. (h) Indictment means indictment fur a criminal offense. An infutmation or other filing by "",'ljdbd authority charging a criminal offense shall be given the same effect as an indictment. (l) Legal proceeding means any civil judicial proceeding to which the City is a party or any criminal proceeding. The term includes appeals from such proceedings. 0) List of debarred contractors means a list compiled, maintained and distnbuted by the Citys Procurement Office. containing the names of contractors debarred 1D1der the procedures of this ordinance. Section 2-399 List q[ debarred contractors. - (a) The City's Procuranent Office. is the agency charged with the implemenlation of this Oldiu.u..e sbaII: (1) Compile and maintain a current consolidated list (List) of all contractors debarred by City dqlaItlllents, Such List shall be public record and shall be available for public inspection and dissemination; BID NO. 40-00101 DATE: 6/19/01 COY OF MIAM1 BEAOI 61 (2) Periodically nwise and distribute the List and issue supp~ if lIllC'=SSary, to aD departments. to the Office of the City Manager and to the Mayor and City C.(llT1l1liomoneJS: and (3) Included in the List sball be the name and telephone number of the City officiallespo11Slble for its maintenance and distribution. (b) The List shall indicate: (1) The names and addresses of all contractors debarred. in a1phabetiClll on1er; (2) The name of the department that recommends initiation of the debarment action; (3) The cause for the debarment action, as is further descnbed herein. or other statuto!)' or regu1atory authority: (4) The effect of the debarment action: (5) The termination date for each listing; (6) The contractor's certificate of competence or license number. when applicable; (7) The person through whom the contractor is qualified. when applicable: (8) The name and telephone number of the point of contact in the department recommending the debarment action. (c) The City's Procurement Office shall: (I) In accordance with internal retention procedures. maintain records relating to each debarment; (2) Establish procedures to provide for the effective use of the List, including intemaI distnbution thereof. to ensure that departments do not solicit offers from, award contracts to, or consent to subcontracts with contractors on the List: and (3) Respond to inquiries concerning listed, contractors and coordinate such responses with the department that recommended the action, Section 2-400 Effect of debarment. (a) Debarred contractors are excluded from receiving contracts, and departments shaII not solicit offers from. award contracts to, or consent to subcontracts with these contractors. unless the City Manager determines that an emergency exists justifying such action. and obtains approval from the Mayor and City Conmrission, which approval shall be given by Snths vote of the City Commission at a regularly scheduled City Commission meeting. Debarred contractors are also excluded from conducting business with the City as agents, l"l'l~Ves subcontractors or partners of other contractors. BID NO. 46-00101 DATE: 6/19/01 CITY OF MIAM1 BEAOI 63 (b) Debarred contractors are excluded from acting as individual sureties. Section 2-401 Continuation of current contracts. (a) Commencing on the effective date of this ordinance. all proposed City contracts. as well as Request for Proposals (RFP). Request for QnalifirJotions (RFO). Requests for Letters ofIntl:rest (RFLI). or bids issued be the City. shall incorporate this ordinance and specify that debarment may constitute grounds for tennination of the contract as well as disqualification from consideratim on any RFP, RFO. RFLI. or bid (b) The debarment shall take effect in accordance with the notice provided by the City Manager pursuant to subsection 2-40S(h) below, except that if a City department has contracts or subcontracts in existence at the time the contractor was debarred, the debarment period may commence upon the conclusion of the contract. subject to approval of same be Snths vote of the Mayor and City Commission at a regularly scheduled meeting. (c) City departments may not renew or otherwise extend the duration of cmrent contracts. or consent to subcontracts with debarred contractors, unless the City Manager determines that an emeIgency exists justifying the renewal or extension or for an approved extension due to delay or time extension for reasons beyond the contractor's control. and such action is approved by snths vote of the Mayor and City Commission at a regu1arly scheduled meeting. (d) No further work shall be awarded to a debarred contractor in connection with a continuing contract. where the work is divided into separate discrete groups and the City's refusal or denial of further work IDlder the contract will not result in a breach of such contract. Section 2-402 Restrictions on subcontracting. (a) When a debarred contractor is proposed as a subcontractor for any subcontract subject to City approval, the department shall not consent to subcontracts with such contractors unless the City Manager determines that an emergency exists justifYing such consent and the Mayor and City Commission approves such decision, by Snths vote. at a regu1arly scheduled meeting. (b) The City shall not be responsible for any increases in project costs or other expenses incuned by a contractor as a result of rejection ofproposed subcon1Jactors pursuant to subsection 2-402(a) above, provided the subcontractor was debarred prior to bid opening or opening of proposals, where the contract was awarded be the City pursuant to an RFP. RFO. RFLI, or bid. BID NO. 46-00/01 DATE: 6/19/01 CITY OFMIAMl BEAOI 64 Section 2-403 Debarment. (a) The Debarment Cnmmi\lee may, in die public interest. debar a contractor for any of the causes listed in this QJrlinarla., using the procedures outlined below. The existence of a cause for debarment however. does not nece=u i1y require that the contractor be debarred; the seriousness of the coolraCto1's ads or omissions and any mitigating fiIctors should be considered in making any debarment decision. (b) Debarment constitutes debarment of all officers, directors. shareholders owning or con1rolling twenty-five (25) percent of the stock, partners, divisions or other <>rglU'i7ational elements of the debarred contractor, unless the debarred decision is limited by its terms to specific divisions, organizational elements or commodities. The Debarment Committee's decision includes any existing affil;~lP<o of the contractor. if they are (I) specifically named and (ii) given written notice of the proposed debarment and an opportunity to respond. (c) A contractor's debarment shall be effective throughout City Government Section 2-404 Causes for debarment (a) The Debarment Committee shall debar a contractor for a conviction or civil judgment, (I) For commission of a fraud or a criminal offense in connection with obtaining. attempting to obtain, performing, or making a claim upon a public contract or subcontract. or a contract or subcontract funded in whole or in part with public funds: (2) For violation of federa1 or State antitrust statutes relating to the submission of offers: (3) For commission of embe:zzIement, theft, forgery, bnbety. fulsification or destruction of records, making false statements, or receiving stolen property; (4) Which makes the City the prevailing party in a legal proceeding. and a court determines that the lawsuit between the contractor and the City was frivolous or fi1ed in bad fuith. (b) The Committee may debar a contractor, (and, limited instances set forth hereinbelow. a bidder or proposer) based upon a greater weight of the evidence, for; (1) Violation of the terms of a City contract or subcontract. or a contract or subcontract funded in whole or in part by City funds. such as failure to perform in accordance with the terms of one (I) or more contracts as certified by the City department administering the contract; or the failure to perform. or 1D1satisfactori perfonn in accordance with the terms of one (1) or more contracts, as certified by an independent registered architect engineer. or general contractor. (2) Violation of a City ordinance or ~rlmin;strative order which lists debarment as a potential penalty. BID NO. 40-00J0l DATE: 6/19/01 CITY OF MIAMl BEAOI 65 Section 2-405 Debarment procedures. (a) Requests for the debarment of contractors may be initiated by a City Department or by a citizen-at large and shall be made in writing to the Office of the City Manager. Upon receipt of a request for debarment, the City Manager shall transmit the request to the Mayor and City Commission at a regularly sr.hMuled meeting. The Mayor and City Commission shaI1 transmit the request to a person or persons who shall be charged by the City Commission with the duty of promptly investigating and preparing a written report(s) conceming the proposed debarment, including the cause and grounds for debarment as set forth in this ordinance. (b) Upon completion of the aforeatated written report, the City Manager shall forward said report to the Debarment Committee. The City's Procurement Office shall act as staff to the Debarment Committee and, with the assistance of the person or persons which prepared the report. present evidence and argument to the Debarment Committee (c) Notice of proposal to debar. Within ten working days of the Debarment Committee having receivedthe request for debarment and written report, the City's Procurement Office, on behalf of the Debarment Committee shall issue a notice of proposed debarment advising the contractor and any specifically named affiJ;a~ by certified mail. return receipt requested, or personal service. containing the following information: (1) That debarment is being considered: (2) The reasons and causes for the proposed debarment in terms sufficient to put the contractor and any named affiliates on notice of the conduct or transaction( s) upon which it is based; (3) That a hearing shall be conducted before the Debarment Committee on a date and time not less than thirty (30) days after service of the notice. The notice shall also advise the contractor that it may be represented by an attorney, may present documentary evidence and verbal testimony, and may CIOSS- examine evidence and testimony presented against it (4) The notice shall also describe the effect of the issuance of the notice of proposed debarment, and of the potential effect of an actual debarment (d) No later than seven (7) working days, prior to the scheduled bearing date, the contractor must furnish the City's Procurement Office a list of the defenses the contractor intends to present at the hearing. If the contractor fails to submit the list,in writing, at least seven (7) working days prior to the bearing or fails to seek an extension of time within which to do so, the contractor shall have waived the opportunity to be heard at the bearing. The Debarment Committee has the right to grant or deny an extension of time, and for good cause, may set asidethe waiver to be heard at the hearing, and its decision may only be reviewed upon an abuse of discretion standard. BID NO. 40-ooJOl DATE: 6/19/01 CITY OFMIAMl HEAOI 66 (e) Hearsay evidence shall be ""m...ihle at the hearing but shall1lllt funn the sole basis fir initisoring a debarment procedure nor the sole basis of any determination of dthh~ The hearing shall be transcn"bed. taped or otherwise Il:lXlI"ded by use of a court 1"l""h;;1, at the election Committee and at the expense of the City. Copies of the hearing tape or transcript shall be furnished at the expense and request of the requesting party. (t) Debarment Committee's decisioo. In actions based upon a conviction or judgment, or in which there is no genuine dispute over material facts, the Debarment Conunitt.ee shall make a decision on the basis of all the undisputed material information in the administrative record. including any 1Dldisputed, material submissions made by the contractor. Where actions are based on disputed evidence. the Debarment Committee shall decide what weight to attach to evidence of record, judge the credtbility of witnesses, and base its decision on the greater weight of the evidence standard. The Debarment Committee shall be the sole trier of fuct. The Committee's decision shall be made within ten (10) working days after conclusion of the hearing, unless the Debarment Committee extends this period for good cause. (g) The Committee's decision shall be in writing and shall include the Committee's f3ctual findings, the principal causes of debarment as enumerated in this ordinance. identification of the contractor and all named affiliate: affected by the decision, and the specific term. including duration, of the debarment imposed. (h) Notice of Debarment Committee's decision. (1) If the Debarment Committee decides to impose debarment the City Manager shall give the contractor and any named affiliates involved written notice by certified mail, return receipt requested, or hand delivery, within ten (10) working days of the decision. speciJYing the reasons for debarment and including a copy of the Committee's written decision; stating the period of debarment, including. effi:clive dates; and advising that the debarment is effective throughout the City departments. (2) If debarment is not imposed, the City Manager shall notifY the contractor and any named aflil;:ltes, by certified mail. return receipt requested. or personal service, within ten (10) working days of the decision. (i) All decisions of the D.:bw.~ Committee shall be final and shall be effective on the date the notice is signed by the City Manager. Decisions of the Debarment Committee are subject to review by the APPellate Division of the Circuit Court. A debarred contractor may seek a stay of the debarment decision in accordance with the Florida Rules of Appellate Procedure. Section 2-406 Period of debarment. (a) The period of debarment ;",.lSed shall be within the sole discretion of the Debarment Committee. Debarment shall be fir a period commensurate with the seriousness of the cause(s), and where applicable, within the guidelines set forth below. but in no event shall exceed five (5) years. BID NO. 40-00J0l DATE: 6/19/01 CITY OF MIAMl BEAOI 67 (b) The following guidelines in the period of dth....uent sball apply except where mitigating or aggravating citcI""........... justify deviation: (1) For commission of an offense as descnbed in subsection 2404(aXI); five (5) years (2) For commission of an offense as descnbed in subsection 2404(aX2): five (5) years. (3) For commission of an offense as described in subsection 2404(aX3): five (5) years. (4) For commission of an offense as described in subsection 2404(aX4): two (2) to five (5) years. (5) For commission of an offense as described in subsections 2404(b XI) or (2): two (2) to five (5) years. (c) The Debarment Committee may, in its sole discretion. reduce the period of debarment, upon the contractor's written request for reasons such as: (I) Newly discovered material evidence: (2) Reversal of the conviction or civil judgment upon which the debarment was based: (3) Bona fide change in ownership or management; (4) Elimination of other causes for which the debarment was imposed; or (5) Other reasons the Debarment Committee deems appropriate. (d) The debarred contractor's written request shall contain the reasons for requesting a reduction in the debarment period, The City's Procurement Office, with the assistance of the affected department shall have thirty (30) days from receipt of such request to submit written response thereto. SECTION 2. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is beld invalid, the remainder shall not be affected by such invalidity. SECTION 3. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this oniinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered relettered to accomplish such intention, and the word "onIinance" may be changed to "section", "article," or other appropriate word. BID NO. 40-00/01 DATE: 6/19/01 CITY OF MIAMl BEACH 68 SECTION 4. REPEALER, All ~ or parts of ~ in conflict herewith be and the same are hereby repealed. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect on the 3rd day ofMarch,2ooo. PASSED and AOOPTED this 23rd day of February, 2000. BID NO. 46-00101 DATE: 6/19/01 CITY OF MIAMl BEAOI 69 See. 38-6. PROHIBITED CAMPAIGN CONTRIBUTIONS BY VENDORS. (a) General. (I) No person who is a vendor to the city shall give a campaign contribution directly, or through a member of the person's immediate family, or through a political action conunittee, or through any other person, to a candidate, or to the campaign conunittee of a candidate, for the offices of mayor or commissioner. No candidate, or campaign committee of a candidate for the offices of mayor or commissioner, shall solicit or receive any campaign contribution from a person who is a vendor to the city, or through a member of the person's innnediate family, or through a political action conunittee, or through any other person on behalf of the person. This prohibition applies to natural persons and to persons who hold a controlling financial interest in business entities. (2) A fine ofup to $500.00 shall be imposed on every person who violates this prohibition. Each act of solicitation, giving or receiving a contnbution in violation of this paragraph shall constitute a separate violation. All contributions received by a candidate in violation of this paragraph shall be forfeited to the city's general revenue fund. (3) A person who directly, or through a member of the person's innnediate fami1y, or through a political action conunittee, or through any other person makes a contribution to a candidate who is elected to the office of mayor or commissioner shall be disqualified for a period of 12 months following the swearing in of the subject elected official from transacting business with the city. This prohibition on transacting business with the city may be waived only in the manner provided hereinbelow in subsection (b). (4) As used in this section: a. A "vendor" is a person who transacts business with the city, or has been approved by the city commission to transact business with the city, or is listed on the city manageI's approved vendor list. b. A "contnbution" is: I A gift, subscription, conveyance, deposit, loan, payment, or distnbution of money or anything of value, including contnbutions in kind having an atttibutable IllOIIetIry value. 2A transfer of funds between political committees, between committees of continuous existence, or between apolitical committee and a conunittee of continuous existence. 3.The payment, by any person other than a candidate or political committee, of compensation for the personal services of another person which are rendered to a candidate or political conunittee without charge to the candidate or committee for such services. BID NO. 46-00/01 DATE: 6/19/01 CITY OF MIAMl BEAOI 70 4. The transfer of timds by a campaign treasurer or deputy campaign treasurer between a primary depository and a separate interest-bearing account or certificate of deposit, and the term includes any interest earned on such account or certificate. (b) Conditions for waiver of prohibition. The requirements of this section may be waived for a particular transaction by city commission vote after public hearing upon finding that: (I) An open-to-all sealed competitive proposal has been submitted and the city officiaVdone has in no way participated in the determination of the bid specifications or bid award; (2) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or services without entering into a transaction which would violate this section but for waiver of its requirements; (3) The business entity involved in the proposed transaction is the sole SOIIICC of supply within the city; or (4) An emergency contract must be made in order to protect the health, safety or welfare of the citizens of the city, as determined by a five-sevenths vote of the city commission. Any grant of waiver by the city commission must be supported with a full disclosure of the subject campaign contnbution. (c) Applicability. This section shall be applicable only to prospective transactions, and the city commission may in no case ratifY a transaction entered into in violation of this section. (Ord. No. 2000-3244, ~ 1,5-10-00) BID NO. 46-00/01 DATE: 6/19/01 CITY OFMIAMl BEAOI 71 Sec. 38-6. PROHIBITED CAMPAIGN CONTRIBUTIONS BY VENDORS. (a) General. (l)No person who is a vendor to the city shall give a campaign contn"bution directly, or through a member of the person's innnediate fiunily, or through a political action committee, or through any other person, to a candidate, or to the campaign committee of a candidate, for the offices of mayor or commissioner. No candidate, or campaign committee of a candidate fur the offices of mayor or commissioner, shall solicit or receive any campaigJ> contribution from a person who is a vendor to the city, or through a member of the person's immediate family, or through a political action committee, or through any other person on behalf of the person. This prohibition applies to natural persons and to persons who hold a controlling financial interest in business entities. (2)A fine ofup to $500.00 shall be imposed on every person who violates this prolnbition. Each act of solicitation, giving or receiving a contnbution in violation of this paragraph shall constitute a separate violation. All contnbutions received by a candidate in violation of this paragraph shall be forfeited to the city's general revenue fund. (3)A person who directly, or through a member of the person's immediate family, or through a political action committee, or through any other person makes a contnbution to a candidate who is elected to the office of mayor or commissioner shall be disqualified for a period of 12 months following the swearing in of the subject elected official from transacting business with the city. This prolnbition on transacting business with the city may be waived only in the manner provided hereinbelow in subsection (b). (4)As used in this section: a.A "vendor" is a person who transacts business with the city, or has been approved by the city commission to transact business with the city, or is listed on the city manageI's approved vendor list b.A "contnbution" is: l.A gift, subscription, conveyance, deposit, loan, payment, or distnbution of money or anything of value, including contnbutions in kind having an attnbutable monelal)' value. 2.A transfer of ftmds between political committees, between committees of continuous existence, or between a political committee and a committee of continuous existence. 3.The payment, by any person other than a candidate or political committee, of compensation fur the personal services of another person which are rendered to a candidate or political committee without charge to the candidate or committee for such services. 4.The transfer of ftmds by a can'\P"ign treasurer or deputy campaign treasurer between a primary depository and a separate interest-bearing accolDlt or certificate of deposit, and the term includes any interest earned on such account or certificate. BID NO. 40-00101 DATE: 6/19/01 CITY OF MIAMl BEAOI 72 (b)Conditions for waiver of prohibition. The requirements of this section may be waived fir a particular transaction by city com:mi&m1 vote after public hearing upon finding that: (I)An open-to-all sealed ...ou~"e proposal has been submitted and the city official/done has in no way participated in the determination of the bid specifications or bid award; (2)The P'uvd1Y or services to be involved in the plupu&od transaction are \lllique and the city cannot avail itself of such P'''I'''dy or services without entering into a transaction which would violate this section but for waiver of its requirements; (3)The business entity involved in the proposed transaction is the sole SOIIlCC of supply within the city; or (4)An emergency contract must be made in order to protect the health, safety or welfare of the citizens of the city, as determined by a five-sevenths vote of the city commission. Any grant of waiver by the city commission must be supported with a full disclosure of the subject campaign contnbution. (c)Applicability. This section shall be applicable only to prospective transactions, and the city commission may in no case rat:iJy a transaction entered into in violation of this section. (Ord. No. 2000-3244, ~ 1,5-10-00) BID NO. 40-00/01 DATE: 6/19/01 CITY OFMIAMlBEAOI 73