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Bid No. 39/00-01 CITY OF MIAMI BEACH, FLORIDA PROCUREMENT DIVISION 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 CONSTRUCTION CONTRACT DOCUMENTS PROJECT MANUAL FOR THE FOllOWING PROJECT(S): PLAZA DE ESPANA/DREXEL AVENUE ROADWAY IMPROVEMENTS INVITATION TO BID NO.: 39-00/01 http:\ \ci.miami-beach.fl.us E-mail: guslopez@ci.miami-beach.fl.us Telephone: 305.673.7490 Facsimile: 305.673.7851 BID NO: 39-00/01 DATE: smol CITY OF MIAMI BEACH 1 NOTICE TO USING DEP~RTMENT(S) AND CONSULTANTS Any deviations from City of Miami Beach Standard Form Construction Contract Documents or any conflicts between the Technical Specifications, or the Supplementary Conditions and these Documents must be submitted in writing to the City's Procurement Director and to the Office of the City Attomey for approval prior to the public notice of the Invitation for Bid. All deviations or conflicts with the standard form must be listed by paragraph number and page number. () There are no deviations () There are deviations and/or conflicts per the attached pages D1 through (Using Department} (Director) (Consultant) Changes approved by: Procurement Director City Attorney Date Date BID NO: 39-00/01 DATE: 8/7/01 CITY OF MIAMI BEACH 2 TABLE OF CONTENTS PAGE NOTICE FOR BIDS ...................... ...................... ........................ .......... .............. ............. 7 00100. 00200. 00300. 00400. 00405. 00407. 00410. 00500. BID NO: 39-00/01 DATE: SnlOI GENERAL INSTRUCTIONS TO BIDDERS ...............................................9 DEFIN ITIONS .......................................................................................... 10 INSTRUCTIONS TO BIDDERS ............................................................... 13 1. Examination of Contract Documents and Site ............................... 13 2. Pre-Bid Interpretations................................................................... 13 3. Submitting Bids .............................................................................14 4. Printed Form of Bid........................................................................ 14 5. Bid Guaranty .................................................................................14 6. Acceptance or Rejection of Bids.................................................... 14 7. Determination of Award .................................................................15 8. Evaluation..... ....... ............. ......... ......... ....... ................ .................... 15 9. Contract Price................................................................................ 15 10. Postponement of Date for Presenting and Opening of Bids .......... 15 11. Qualifications of Bidders................................................................ 15 12. Addenda and Modifications ...........................................................16 13. Prevailing Wage Rates.................................................................. 16 14. Occupational Health and Safety .................................................... 16 15. Environmental Regulations............................................................ 17 16. "Or Equal" Clause.......................................................................... 17 17. Protested Solicitation and Award................................................... 17 BIDfTENDER FORM................................................................................ 19 CITY OF MIAMI BEACH LICENSES, PERMITS AND FEES...................22 SCHEDULE OF PRICES BID ..................................................................23 BID GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT ................................................24 SUPPLEMENT TO BIDfTENDER FORM QUESTIONNAIRE .. ....... ...... .................................. ......... ............... .......... 26 CITY OF MIAMI BEACH 3 00520. 00530. 00540. 00550. 00600. 00708. 00710. 00720. 00721. 00735. 00800. TABLE OF CONTENTS (Continued) SUPPLEMENT TO BIDfTENDER FORM NON-COLLUSION CERTIFICATE ............... ....................................... ..... 32 SUPPLEMENT TO BIDfTENDER FORM DRUG FREE WORKPLACE CERTIFICATION........................................ 33 SUPPLEMENT TO BIDfTENDER FORM TRENCH SAFETY ACT ...........................................................................35 RECYCLED CONTENT INFORMATION .................................................37 CONTRACT ............. ........... ....... ... ... ..... ..... ......... ..... ......... ............ ........... 38 FORM CERTIFICATE OF INSURANCE ..................................................48 FORM OF PERFORMANCE BOND ........................................................49 FORM OF PAYMENT BOND................................................................... 52 CERTIFICATE AS TO CORPORATE PRINCIPAL ..................................55 PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT ................................................56 GENERAL CONDITIONS ........................................................................58 1. Project Manual..... ... ... ..... ... ... ... .... ... ... ...... ..... ..... ..... .... ..... ..... ... .....58 2. Intention of City .............................................................................58 3. Preliminary Matters. .................................... ..... ....... ....................... 59 4. Performance Bond and Payment Bond .........................................60 5. Qualification of Surety ...................................................................61 6. Indemnification ..............................................................................63 7. Insurance Requirements ...............................................................63 8. Labor and Materials.......................................................................66 9. Royalties and Patents....................................................................67 10. Weather........ ...................... .......... ............ ....... .....:..... .............. ..... 67 11. Permits, Licenses and Impact Fees ..............................................67 BID NO: 39-00/01 CITY OF MIAMI BEACH DATE: 8/7/01 4 TABLE OF CONTENTS (Continued) 12. Resolution of Disputes...................... .............................................68 13. Inspection of Work......... ............................................. ................... 69 14. Superintendence and Supervision.................................................69 15. City's Right to Terminate Contract................................................. 71 16. Contractor's Right to Stop Work or Terminate Contract........................................................................ 72 17. Assignment.... ....... ............... ............................ ...... ..... ........... ........ 72 18. Rights of Various Interests ............................................................72 19. Differing Site Conditions................................................................73 20. Plans and Working Drawings ........................................................ 73 21. Contractor to Check Plans, Specifications, and Data................................................................ 74 22. Contractor's Responsibility for Damages and Accidents................................................................ 74 23. Warranty........................................................................................ 74 24. Supplementary Drawings .............................................................. 74 25. Defective Work ..............................................:............................... 75 26. Taxes............................................................................................. 76 27. Subcontracts ................................................................................. 76 28. Separate Contracts .......................................................................76 29. Use of Completed Portions............................................................ 77 30. Lands for Work .............................................................................. 78 31. Legal Restrictions and Traffic Provisions....................................... 78 32. Location and Damage to Existing Facilities, Equipment or Utilities..................................................... 79 33. Value Engineering .........................................................................80 34. Continuing the Work......................................................................80 35. Changes in the Work or Terms of Contract Documents.................................................................. 80 36. Field Orders and Supplemental Instructions.................................. 81 37. Change Orders .............................................................................. 81 38. Value of Change Order Work ........................................................82 39. Notification and Claim for Change of Contract Time or Contract Price .................................................... 87 40. No Damages for Delay.................................................................. 87 41. Excusable Delay; Compensaole; . Non-Compensable .. ......... ....... ................ ........... .......... ........ ... ...... 88 42. Substantial Completion.................................................................. 89 43. No Interest............ ................ .................................................. ....... 89 44. Shop Drawings .............................................................................. 90 BID NO: 39-00/01 CITY OF MIAMI BEACH DATE: 8n101 5 00900. 00920. 00922. 00923. 00925. 00926. 00930. 00950. 01000. 02000. 03000. 04000. 05000. 06000. TABLE OF CONTENTS (Continued) 45. Assignment.................................................................... ................91 46. Safety and Protection .................................................................... 92 47. Final Bill of Materials .....................................................................93 48. Payment by City for Tests ............................................................. 93 49. Project Sign ...................................................................................93 50. Hurricane Precautions .................... .................. ............................. 93 51. Cleaning Up; City's Right to Clean Up........................................... 94 52. Removal of Equipment .................................................................. 94 53. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act............................................... 94 54. Project Records............................................................................. 95 SUPPLEMENTARY CONDITIONS .......................................................... 96 ADDITIONAL ARTICLES .........................................................................97 1. Prevailing Wage Rate Ordinance .................................................. 97 2. Federal Grant Projects .................................................................. 97 STATEMENT OF COMPLIANCE (PREVAILING WAGE RATE ORDINANCE NO. 83-72)...........................98 STATEMENT OF COMPLIANCE (DAVIS BACON ACT) .............................................................................. 99 CERTIFICATE OF SUBSTANTIAL COMPLETION................................ 100 FINAL CERTIFICATE OF PAYMENT ....................................................102 FORM OF FINAL RECEIPT ...................................................................103 DRAWINGS INDEX ...............................................................................105 ADDENDA AND MODIFICATIONS........................................................ 106 TECHNICAL SPECIFICATIONS ............................................................ 107 PLANS AND SPECS ORDER FORM ....................................................110 SCHEDULE OF VALUES AND BID AMOUNT.......................................111 ACKNOWLEDGEMENT OF ADDENDA ................................................120 CUSTOMER REFERENCE LISTING..................................................... 121 DIVISION I DOCUMENTS BID NO: 39-00/01 DATE: 8n/01 CITY OF MIAMI BEACH 6 OFFICE: 7001 N.W. 84th AVENUE I MIAMI, FLORIDA 33166 ~UJ....'.'........ ..Jf-l' ~~~_.. _. , .. . ~........:@ . ~~~. ""'LL'.A"~ TELEPHONE, 305-592-5650 FAX: 305-592-7601 October 29,2001 Attn: Mr. Roman Martinez City of Miami Beach Procurement Division 1700 Convention Center Dr. Miami Beach, FI 33139 Re: Plaza De Espana! Drexel Ave. Dear Mr. Martinez: In reference to the above project, Williams Paving Co. accepts the changes and grand total as indicated in the schedule of values faxed to us on Oct. 26, th 2001. Looking forward to doing business with you. Sincerely, ~JJ Ron Smith Vice President lE:t Nd IEIJO ~d8WJ 'fS/01 FRI 10:17 FAX 305 873 7~ C.II.B. PURCHASING FAX 1ili00l CITY OF MIAMI BEACH PROCUREMENT DIVISION MIAMI BEACH FLORIDA ~ ~ FAX TRA.NSMITT AL MEMO October 26,2001 TInS TRANSMISSION INCLUDES TInS COVER SHEET PLUS 1 PAGE TO: Jose RodrlllUez 'J " COMPANY: Wll.LIAMS PAVING -0 AX If: 305.592-7601 !I RE: Bid No. 39-00/01 ESDanolaIDrexel "ROM: Roman Martinez - Sr. Procurement S cialist Telephone#: 305-673-7493 Fax#: 305-673-7851 E-Mail: romanmartinezailci.miami-beach.fl.us Mr. Rodriguez: ~-.?'.<~ provide the City of Miami Beach with a statement in writing that you do concur with the flual ~o::;otiable contract amount for the above uamed project. AdditionaDy, please let us know If your . }'C1pany wiD pick-up the contract books from the City or if you wouJd prefer we can send them to :;ou via FedEx or other overuight service. If that would be the case we would need your fed ex Account No. ""ease coutact me at your earUest convenience about this matter. My phone no. is 305.673.7493 and :ny fax for the written statement is (305) 673.7851. . matter. ~ is nic6 eIayI '+0.-01 FRI 10:17 FAX 305 673 78~ C.M.B. PURCHASING FAX City of Miami Beach MEMORANDUM CAPITAL IMPROVUIENT PROJECTS ~002 '( ~ - TO: PROM: DATE: SUBJECT: GlIS Lopez, Proc:\uement Dttec:tor W John De Pu:os, SJ,. Capiul Projects CoordiDator~ October 23, 2001 Espanola Way Project - ''Value Eogineeri11g" Gus, The attached bid proposal was negotiated / "value engineered" with the contractor, Williams Paving Co., Inc. as foUows: I :e:ns 8, 8a, 9 - delete from the contract. Item 25 - delete one of the three units (deep weUs). Items 16,19,21,34,52,65,67,74 - corrected to reflect accurate multiplication. Item 79 - modified to reflect an accurate unit price of $2.75 rather than $275.00 indicated on the original proposal If you should have any questions, please do not hesitate to contact me. Thanks C: Tim Hemstreet, CIP Director Carl Hastings, Construction Manager \ . '\ ~C':S/Ol FRI 10:18 FAX 305 87~ 785~ .~._. C.M.B. PURCHASING FAX ~003 , " . 4OQO. SCHEQV~ OF VALUU ANQ 1lI.00NAOU!fi BID No. 3t 00II1 BID PROPOSAL FOR PLAZA DE ESPAtwDREXEL AVENUE ROADWAY IMPROVEMENTS (SCHEDULE OF VALUES) The wor1< to be performed under this Contract shall consist of furnishing all equipment materials, supplies. and manufactured articles for furnishing all transpottation and services. including fuel, power, water and essential communications, and for the oerformance of all labor, wor1<. or other operations required for the fulfillment of the ~ontract in strict accordance with the Contract Documents. I1eh" Description Quantity Unit PrIce Total - 1 MOBILIZATION LS $ laO.OOO.OO $ 40.000.00 2 CLEARING & GRUBBING L.S S 1',.on on S 32.400.00 3 MAl NT. OF TRAFFIC L.S S...iI4UOO.OO $ 60.000.00 4 REG. EXCAVATION 760 CY $ 7.00 $ 5.:\20.00 (INCLUDeS GRADING) 5 MILLING 975 SY S 10.00 $ 9.750.00 6 5-1 ASPHALTIC CONCRETE 106 TN $ 100.00 $ 10.600.00 (2j (100 LBSlSynN) 7 TACK COAT 122 GA $ ~:: . ;: ~1It 8 e" 91P 8ft~'I. iQ~R ~i b.1" . : .::~.: ~tt 8a 12" !;lIP ~.tl. li~.I&R 701..1" S tr _A -Q- ~N 9 &ft~tJ. 8BAJt:R ~_A.)IWQL.Ei <tE,l\ , VAJAAA AA , 8A ftAA ........ -b- 10 6" CONCRETE BASE (UNDER 'PAVERS) INCLUDES COST OF SU6GRADe COMPACTION) 1055 SY S 12.00 $ 33.760.00 BID NO: 39-OO1l11 DAn: 117/01 CITY or MIAMI BEACH III BID :-10: 39-G0101 DATE: 11'1/01 CITY 0' ~M1 BEACH 111 >II ), " :'3/01 FRI 10:18 F~5 673 7851 C.M.B. PURCHASING FAX Jal005 ..... .1 BID PROPOSAL. FOR PUZA DE ElPANAJDREXEL AVENUE ROADWAY IMPROVEMENTS (SCHEDULE OF VALUES) I18mlJ · .........L. . QuMllty 24 CONVERT EXISTING INLET TO MANHOLE 1 EA 25 DEEP WELL ,ArE/( 20M . 26 15H HIGH DENSITY POL YETHILENE(HDPE) PIPE CULVERT (STORM SEWER) 177 LF 27 18" HIGH DENSITY POL YETHILENE (HOPE) PIPE CULVERT (STORM SEWER) 40 LF 28 15" PERFORATED HIGH OENSITYPOL YETHILENE (HOPE) FRENCH DRAIN PIPE (STORM SEVYER) 410 LF 29 SOLID TRAFFIC STRIPE, THERMOPlASTIC, 4" WHITE 298 LF 30 SOLID TRAFFIC STRIPE. THERMOPLASTIC, 4" YELLOW 410 LF SOLID TRAFFIC STRIPE, THERMOPLASTIC, 4" BLUE 18 LF 32 STRIPE THERMOPlASTIC 12" WHITE 411 LF .,. - , 33 STRIPE THERMOPLASTIC 18" WHITE 55 LF BID NO: 39-00II1 DATE: 117/11 Unit Price !!!!!! S 2,000.00 S ',000.00 aQ $'yp.^^^.~ ''"JV fle,~6'D.OO If' $ 14,425.00 $ .30.00 $ 5,310.00 $ 1'i.00 $ 1.400.00 $ 100 00 $41:000.00 $ 1.00 $ 2'8:100' $ 1.00 $ 410:00 $ 1.00 $ 'tt:Mu $ 3.00 $ 1,711.60 $ 1.'iO $ 192.50 4 CITY OF ~'I(I BEACH III aID NO: 39-00101 :)ATE: 11"101 CITY Of MIAMI BEACH 114 '2,/01 FRI 10:19 FAX 305 673 7851 C.M.B. PURCHASING FAX 14l00; BID No. 31 0IlIt BID PROPOSAl FOR PLUA DE ESPANAIDRDELAVENUE ROADWAY IMPROYEIIENTS (SCHEDULE OF VALUES) J3!!!!:! o.crlDtlon Quantity Unit PrIce ~ 46 LOOP MATERIAL (LEAD. IN CABLE) 1 PI S 1.000.00 $ t,ooo.OO . 47 PULL & JUNCTION BOX (INCLUDING GROUND ROD) 2EA $ 300.00 $ 600.00 48 PULL & JUNCTION BOX (ADJUST) 7EA $ 100.00 $ 700.00 49 CONDUIT (UNDER PAVEMEN1) 180 LF $ 22.00 $ 3,960.00 5C 2" PVC SCHEDULE 40 (CONDUIT) 1140 LF $ 4 10 $ 4,674.00 51 #6 THWN CU CONDUCTOR (COLOR CODED) 3470 LF S o c)o $ 3.123.00 ~~a #4 THWN CU CONDUCTOR (COLOR CODED) 200 LF $ 1.80 $ 360 _ 00 52 175 W MH POST TOP LUMINAlRE (INCLUDING ATTACHMENTS) 35EA $ 111&0 00 $ 53a "WINDSOR" LIGHT POLE (MAINSTREET REF. FF1803) (INCLUDES COST OF ,- FOOTING) 11 EA $ 1.760.00 $ 19.360:00 53b "DALI" LGHT POlE (COLOMER. SA REF.FA2.554) (INCLUDES COST OF FOOTING) 4EA $ 1&,760.00 S tC),040.00 BID :010, 39-00101 DATE: 111/81 CITY OF MUMl BEACH 115 FRI 10:20 FAX 305 873 7851 aID :-ro: 39-00101 :lATJ::817101 C.M.B. PURCHASING FAX 1ilI008 CITY OF MIA.\U BEACH 116 :3/01 FRl 10:20 FAX 305 673 7851 C.M.B. PURCHASING FAX ~009 BID No. 3I-.QQI01 BID PROPOSAL FOR PLAZA DE ESPANAIDREXEL AVEf!lUE ROADWAY IMPROVEMENTS (SCHEDULE OF VALUES) ~ DescrlDtlon QuantitY Unit Price Total 60 CONCRETE PAVERS 4" X4- X2 318" THICK ON SAND, SETTING BED (YELLOW LINE DIVIDER) 150 IF $ 13.20 $. 1.980.00 61 CONCRETE PAVERS a" XS" X2 3Ia" THICK ON SAND SETTINGBED (PERIMETER SOLDIER COURSE) 1110 SF $ 3.70 $ 4.107.00 62 4" CONCRETE SLAB WI 6" X 6" NO. 10 WNF 2460 SF $ 3.00 $ 7.380.00 63 12- X 12" X 2 3/a" CONCRETE PAVERS (AT PHOENIX PALM PLANTERS) 700 SF $ ~.70 $ 2.590.00 64 PRECAST CONCRETE SOlLARDS (TECHCRETE) 28 EA $ 7"i0.00 $ 7 ,000.00 65 CONCRETE PAVERS a- XS- x 2 3/8" ~~ THICK ON SAND SETTING BED 66 SF $ 3.70 $ 66 BII~e RACKS - 2EA $ 1,'\00.00 $ 3,000.00 (Cl1Y PREFERENCE) 67 CORDIA BOISSIERII ~ 'M-IITE GEIGER TREE (8'-9' HT x 6'.7' SPR) 31 EA $ 265.00 $.Jr~ il- l,tIS.oo BID ~O: J9-GG101 DA T1!.: 117/01 CITY OF MIA.,," BEACH 117 ,"'!Ie: FRI 10:20 FAX 305673 7851 C.M.B. PURCHASING FAX 1ili010 BID No. ~ BID PROPOSAL FOR PLAZA DE ESPANAJDREXEL AVENUE ROADWAY IMPROVEMENTS (SCHEDULE OF VALUES) !!!!!!! DescriDtlon Quantity Unit Price Tot!! 68 JACARANDA ACUTIFOLJAI JACARANDA (18' HT MIN) 6 EA $ Ann nn $ , .&.00 .00 , . 69 SWlETENIA MAHOGANYI MAHOGANY (12'.14' HT x 6'-8' SPR) 14EA $ '''''.00 $ 3,710.00 70 TABEBUIA CARAIBAI YELLOW TABEBUIA (8'-10' HT x 6'-8' SPR) 5EA. S 176.00 S 880.00 71 PHOENIX DACTYLlFERA "MEDJOOL" DATE PALM (14' CT 24' OA HT) 16EA $ ",?RO.oo $ 84.480.00 72 PTYCHOSPERMA ELEGANS TRIPLE TRIPLE TRUNK SOLITAIRE PALM (12'-14' OA Hl) 6EA $ 330.00 $ 1.980.00 73 PTYCHOSPERMA ELEGANS DOUBLE DOUBLE TRUNK SOLITAIRE PALM (12'-14' OA HT) 6EA $ '1.86.00 $ 1.716.00 74. PLUMBAGO CAPENSISI PLUMBAGO (18"-24- OA) 66 EA. $ 8.00 S 75 MURRAYA PANICULATA 52.t.OO "LAKEVlEWI LAKEVlEW ORANGE JASMINE (24" -30" HT OA) - 180 EA S 7.75 $ 1 ,\Qo; M . BID NO: 3'.00101 "AU: 1/7101 CITY OF MIA.'" BEACH III --" -~ 23/01 FRI 10:21 FAX 305 673 7851 C.I.B. PURCHASING FAX BID No. >>GOI01 BID PROPOSAL FOR PlAZA DE ESPANAlDREXEl. AVENUE ROADWAY IMPROVEMENTS (SCHEDULE OF VALUES) Ite.... peacriDtion Quantity Unit Price !2t!J 76 "PALMETTO GREEN" GRAVEL 'I.' . 'Ia' DIAM. SCY $ 50.00 $ 250.00 n PENTAS lANCEOLATAI DWARF PENTAS (12".1S" OA, 1 GAL. 18" OC) 192 EA. $ 7,7'i $ 528.00 78 POL VPOOIUM PHYMA TOIDESI WART FERN (12".15" OA, 1 GAL. 18" OC) 180 EA $ 'i.'i0 $ QQn nn LANTANA Spp .I LANTANA CAMARA GOLD (9"-12" OA, 1 GAL. 15. eC) 79 80 IRRIGATION 14I011 $ ~ $ - e.1S 110. 00 $11 ,non.on $ t t ,000.00 ~1f- SUBTOTAL ~7' ~ (Total for Items 1- 7f1i, 5tfp. ~O.cI) Ii' CONTINGENCY (10%) $.-JJ _ · ~8 a.' ~ Q 40EA 1 L.S GRAND TOTAL ~~ $ ~'iA.r".~ 7"'" S2.fi1 . 7D . OJ' _A "'.._A_AA '" ,,~~ A' 8"''' ......._.. ., _ ........_... fi ftvfi"79 .nd 17/nn ~ Written Amount tf'OL ~~ IW~ ''It:T'( ONE 1140115""-11) Ff'ltE HUf,JOU!l> TWetlf\{ $I'IC AND 10;,0' /Pf 8m NO: 39-00101 DATI,8I7101 CITY OF )UAMI BEACH II' '/ ~ City of Miami Beach MEMORANDUM CAPITAL IMPROVEMENT PROJECTS - TO: FROM: DATE: SUBJECT: Gus Lopez, Procurement Director W John De Pazos, Sr. Capital Projects Coordinator ~ October 23, 2001 Espanola Way Project - ''Value Engineering" Gus, The attached bid proposal was negotiated / "value engineered" with the contractor, Williams Paving Co., Inc. as follows: Items 8, 8a, 9 - delete from the contract. Item 25 - delete one of the three units (deep wells). Items 16,19,21,34,52,65,67,74 - corrected to reflect accurate multiplication. Item 79 - modified to reflect an accurate unit price of $2.75 rather than $275.00 indicated on the original proposal. If you should have any questions, please do not hesitate to contact me. Thanks C: Tim Hemstreet, CIP Director Carl Hastings, Construction Manager , , \ . \ CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRM. _lEACH. Fl.0R1OA 33131 ..:\\cI._......_.ft.... I'ROCUREMENT DMSION T.Io'....... (MI) 171-7.. F...lmllo (M') I7J.7111 INVITATION TO BID NO. 39-00101 ADDENDUM NO.5 August 7, 2001 PLAZA DE ESP ANAlDREXEL A VE~1.;'E ROADWAY L\1PROVEME~TS) 5 amended as foUows: I. The Bid Opening date is changed Crom August 14,2001 to August 24, 2001 at 3:00 P.M. II. A IT ACHEME~T. City oCMiami Beach New Front End Documents & Division I Documents, which replace previously issued InvitatioB to Bid No. 39-00101 dated 5/29/2001. Bidders are required to acknowledge this addendum on New Front End Oocument page 120 or the bid may be considered non-responsive. CITY OF 1vfIA.\.1I BEACH !~~.. 1':.""':-:;..' ..- Gus Lopez. CPPO Procurement Director Je eMS ROW liP 01025-411 & ~ CITY OF MIAMI BEACH noo CONIIENTlON CENTER DRIVE. MIAMlIIEACH, FLORIllA 331311 1IIIp:\'d.-..! b _....... PROCUREMENT DMSION '11"1. hOll. (301) 1JS.7_ F....... (301) 17S-7111 INVITATION TO BID NO. 39-00101 ADDENDUM NO.4 a......, 12, 1001 .::TV' y "1, PLAZA DE ESP ANAlDREXEL AVENUE ROADWAY IMPROVEMENTS) is amended as follows: 1. The Bid Opening date is changed from July 31, 1001 to August 14,1001 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 MIAMI BEACH L// / - /'--- I~/ I. . Gus Lopez, CPPO Procurement Director Je CITY OF MIAMI BEACH 1700 CON\IEHTION CENTER DIWE,IMMIIlEACH. fUlRIDIIt 33138 hlIp:\\cI.mIMlI-bncll..... tel ..... PROCUREIIEHT DMIlClIl Te'ephol.. (301) 173-7410 Fecelmlle (301) 173-7111 INVITATION TO BID NO. 39-00101 ADDENDUM NO.3 <A~. ft,1001 Tv't 14, PLAZA DE ESP ANAlDREXEL AVENUE ROADWAY IMPROVEMENTS) is amended as follows: t. The Bid Opening date is changed from July 10,1001 to July 31, 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 MIAMI BEACH ?/~ (. -,,-- I. ....... Gus Lopez, CPPO Procurement Director Je CITY OF MIAMI BEACH 17110 CXlNYENTION CENTER llRM!.llIAMIlIEAOt, FLClRlDA 331. hIIp:\\d.mIMlI b ..afl.L.. & --~ - ---- - ------ ~ - --- - --~ ------ ---- - - - - - - -- -----~-- ---- - - -~ ---- -------- --- PIIOCIIIlEIIbT III\clll ON T......... :3111.,..7_ .- (311) ""7111 INVITATION TO BID NO. 39-00101 ADDENDUM NO.2 JllJle 25, 2001 PLAZA DE ESPANAlDREXEL AVENUE ROADWAY IMPROVEMENTS) is amended as follows: L The Bid Opening elate Is clwlged from June Z8, 2001 to July 20, 2001 at 3:00 PM. lna.""",,,h as this change does not mataiaIly affect the bid document, proposers are IIIJt n:quired to acknowledge this addendum to be tWornM ~$ive. CITY OF MIAMI BEACH ~~ Gus Lopez, CPPO Procurement Director je . .-." CITY OF MIAMI BEACH 17llO COIlIIENTIOH CEH11!R llRM!. MIAMI lEACH. FLOAlOA 33138 hIIp:\"d.mIemI tllI-:" ..... - -- ---- ----- - --- -~- ----~-~~-~ - -- --- - ---------~-~- -- -- ---- ---~ -- - - ------- ---~~~~--~~-~-~-- -- _NT_ Yr". .....~7_ f_ (1N) 111-7111 INVITATION TO BID NO. 39-4I0I01 ADDENDUM NO.1 Jane 12, 2001 PLAZA DE ESPANAlDREXEL AVENUE ROADWAY IMPROVEMENTS) is a",..",w as fuI1ows: I. PIlIIIs and T....JJnIoooaJ Spedfic8tiou must be ordered through T -Square. The attached order form must be compleald and retarDed to T -Square before prosp<<dve bidden will receive requested plaDs and spedficatiou. These PlauslSpecs have beeu revisecl from the previous Bid No. 131-99/00 (or Plaza de EspanalDrexel Aveuue Roadway Improvements. Bidden an: required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH /k' I (,......... l. Gus Lopez, CPPO l'rocureo:Ient Director Rm ATTACHMENT I - T -Square Miami PlanslSpecificatioos order fOlD1 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\cLmiami-beach.fl.us m PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 INVITATION TO BID NO. 39-00/01 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, until 3:00 p.m. on the 14th day of August, 2001 for: PLAZA DE ESPANA/DREXEL AVENUE ROADVVAYIMPROVEMENTS Scope of Work: The work to be performed under this Contract shall consist of furnishing all equipment materials, supplies, and manufactured articles for furnishing all transportation and services, including fuel, power, water and essential communications, and for the performance of all labor, work, or other operations required for the fulfillment of the Contract in strict accordance with the Contract Documents. At time, date, and place above, bids will be publicly opened. Any bids or proposals received after time and date specified will be returned to the bidder unopened. The responsibility for submitting a bid/proposal before the stated time and date is solely and strictly the responsibility of the bidder/proposer. The city is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. A Pre-Bid Conference was held at 10:00a.m. on June 7, 2001, at the City of Miami Beach City Hall, 1st Floor Conference Room located at 1700 Convention Center Drive, Miami Beach, FL 33139. [] Attendance at the Prebid Conference is mandatory. A failure to attend the Prebid Conference will automatically result in a Bidder being deemed non-responsive. [ X ] Attendance at the Prebid Conference was highly encouraged and recommended as a source of information but was not mandatory. A Bid Bond of five (5%) percent of the bid amount will be required. The successful bidder will be required to furnish Performance and Payment Bonds, each in the amount of one hundred (100%) percent of the Contract amount. BID NO: 39-00/01 DATE: 817/01 CITY OF MIAMI BEACH 7 The City has contracted with DemandStar by Onvia 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 notifications or to obtain a copy of this Bid, go to www.demandstar.com or call toll-free 1-800-711-1712, and request Document #393. Subscribing to DemandStar by Onvia's bid notification system is not a requirement. YOll will still be able to find bid information and download documents through the City's website (httD:/Ici.miami-beach.fl.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. You will be charged an administrative fee of $5.00 to download this document. Plans are available for this bid but must be ordered through T -Square Miami. The attached order form on page 110 of this Bid package must be completed and returned to T-Square Miami before prospective bidders will receive requested plans and specifications. 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 titlelnumber 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 addendum. The City of Miami Beach reserves the right to accept any proposal or bid deemed to be in the best interest of the City of Miami Beach, or waive any informality in any proposal or bid. The City of Miami Beach may reject any and all proposals or bids. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CONE OF SILENCE, " IN ACCORDANCE WITH ORDINANCE NO. 99-3164. A COPY OF ALL WRITTEN COMMUNICATION(S) REGARDING THIS BID MUST BE FILED WITH THE CITY CLERK. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CODE OF BUSINESS ETHICS" ("CODE"), IN ACCORDANCE WITH RESOLUTION NO. 2000-23879. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE CITY OF MIAMI BEACH DEBARMENT ORDINANCE NO. 2000-3234.00100. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director BID NO: 39-00/01 DATE: SntOl CITY OF MIAMI BEACH 8 00100. G.ENERAL INSTRUCTIONS TO BIDDERS: 1. General: The following instructions and those set forth in Section 00300 herein are given for the purpose of guiding Bidders in property preparing their bids. Such instructions have equal force and weight with other portions of the Contract Documents and strict compliance is required with all the provisions contained in the instructions. Bidders shall note that various paragraphs within these bid documents have a [ ] box which may be checked. If the box is checked, the language is made a part of the bid documents and compliance therewith is required of the Bidder; if the box is not checked, the language is not made a part of the bid documents. 2. Scooe of Work: The Work set forth within these bid documents includes the work to be performed under this Contract. It shall consist of furnishing all equipment materials, supplies, and manufactured articles for furnishing all transportation and services, including fuel, power, water and essential communications, and for the performance of all labor, work, or other operations required for the fulfillment of the Contract in strict accordance with the Contract Documents. 3. Location of Work: Plaza de Espana/Drexel Avenue from South of Espanola Way to 15th Street 4. Abbreviations and Svmbols: The abbreviations used throughout the Contract Documents are defined hereinafter in the Technical Specifications. The symbols used in the Plans are defined therein. BID NO: 39-00/01 DATE: 8ntOl CITY OF MIAMI BEACH 9 00200. DEFINITIONS: 1. Definitions: VVhenever the following terms or pronouns in place of them appear in the Project Manual, the intent and meaning shall be interpreted as follows: 1.1. Bidder: Any individual, firm, or corporation submitting a bid for this Project, acting directly or through a duly authorized representative. 1.2. Change Order: A written document ordering a change in the Contract Price or Contract Time or a material change in the Work. 1.3. City: The City (or Owner) shall mean the City of Miami Beach, a Florida municipal corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, which is a party hereto and lor for which this Contract is to be performed. In all respects hereunder, City's performance is pursuant to City's position as the owner of a construction project. In the event City exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, laws and ordinances shall be deemed to have occurred pursuant to City's regulatory authority as a governmental body and shall not be attributable in any manner to City as a party to this Contract. 1.4. City Commission: City Commission shall mean the governing and legislative body of the City. 1.5. City Manager: City Manager shall mean the Chief Administrative Officer ofthe City. 1.6. Consultant: Architect or Engineer who has contracted with City or who is an employee of City, to provide professional services for this Project. 1.7. Contract: The part or section of the Contract Documents addressing some of the rights and duties of the parties hereto, including but not limited to contract time and liquidated damages. 1.8. Contract Documents Clarification: (Not Applicable) 1.9. Contract Administrator: The City's Contract Administrator shall mean the individual appointed by the City Manager who shall be the City's authorized representative to coordinate, direct, and review on behalf of the City, all matters related to the Project. 1.10. Contract Documents: The Project Manual including drawings (plans) and specifications, the Notice for Bids, Addenda, if any, to the Project Manual, the Bid Tender Form, the record of the award by the City BID NO: 39-00/01 CITY OF MIAMI BEACH DATE: Hn/Ol 10 Commission, the Performance Bond and Payment Bond, the Notice of Award, the Notice(s) to Proceed, the Purchase Order, Change Orders, Field Orders, Supplemental Instructions, and any additional documents the submission of which is required by this Project Manual, are the documents which are collectively referred to as the Contract Documents. 1.11. Contract Price: The original amount established in the bid submittal and award by the City, as may be amended by Change Order. 1.12. Contract Time: The original time between commencement and completion, including any milestone dates thereof, established in Article 2 of the Contract, as may be amended by Change Order. 1.13. Contractor: The person, firm, or corporation with whom the City has contracted and who is responsible for the acceptable performance of the Work and for the payment of all legal debts pertaining to the Work. All references in the Contract Documents to third parties under contract or control of Contractor shall be deemed to be a reference to Contractor. 1.14. Field Order: A written order which orders minor changes in the Work but which does not involve a change in the Contract Price or Contract Time. 1.15. Final Completion: The date certified by Consultant in the Final Certificate of Payment upon which all conditions and requirements of any permits and regulatory agencies have been satisfied; any documents required by the Contract Documents have been received by Consultant; any other documents required to be provided by Contractor have been received by Consultant; and to the best of Consultant's knowledge, information and belief the Work defined herein has been fully completed in accordance with the terms and conditions of the Contract Documents. 1.16. Inspector: An authorized representative of Consultant or City assigned to make necessary inspections of materials furnished by Contractor and of the work performed by Contractor. 1.17. Materials: Materials incorporated in this Project, or used or consumed in the performance of the Work. 1.18. Notice(s) to Proceed: Written notice to Contractor authorizing the commencement of the activities identified in the notice or as described in the Contract Documents. 1.19. Plans and/or Drawings: The official graphic representations of this Project which are a part of the Project Manual. BID NO: 39-00/01 CITY OF MIAMI BEACH DATE: 8n/Ol 11 1.20. Program Manager: (Not Applicable) 1.21. Project: The construction project described in the Contract Documents, including the Work described therein. 1.22. Project Initiation Date: The date upon which the Contract Time commences. 1.23. Project Manual: The official documents setting forth bidding information and requirements; contract form, bonds, and certificates; General and Supplementary Conditions of the Contract Documents: the specifications; and the plans and drawings of the Project. 1.24. Resident Project Representative: An authorized representative of Consultant or Program Manager assigned to represent Consultant or Program Manager on the Project. 1.25. Subcontractor: A person, firm or corporation having a direct contract with Contractor including one who furnishes material worked to a special design according to the Contract Documents, but does not include one who merely furnishes Materials not so worked. 1.26. Substantial Completion: The date certified by Consultant when all conditions and requirements of permits and regulatory agencies have been satisfied and the Work is sufficiently complete in accordance with the Contract Documents so the Project is available for beneficial occupancy by City. A Certificate of Occupancy or Certificate of Completion must be issued for Substantial Completion to be achieved, however, the issuance of a Certificate of Occupancy or Certificate of Completion or the date thereof are not to be determinative of the achievement or date of Substantial Completion. 1.27. Surety: The surety company or individual which is bound by the performance bond and payment bond with and for Contractor who is primarily liable, and which surety company or individual is responsible for Contractor's satisfactory performance of the work under the contract and for the payment of all debts pertaining thereto in accordance with Section 255.05, Florida Statutes. 1.28. Work: The construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by Contractor to fulfill Contractor's obligations. The Work may constitute the whole or a part of the Project. BID NO: 39-00/01 CITY OF MIAMI BEACH DATE: an/OI 12 00300. INSTRUCTIONS TO BIDDERS: 1. Examination of Contract Documents and Site: It is the responsibility of each Bidder before submitting a Bid, to: 1.1. Examine the Contract Documents thoroughly, 1.2. Visit the site or structure to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work, 1.3. Take into account federal, state and local (City and Miami-Dade County) laws, regulations, ordinances that may affect costs, progress, performance, furnishing of the Work, or award, 1.4. Study and carefully correlate Bidder's observations with the Contract Documents, and 1.5. Carefully review the Contract Documents and notify Consultant of all conflicts, errors or discrepancies in the Contract Documents of which Bidder knows or reasonably should have known. The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the Contract Documents and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 2. Pre-Bid Interoretations: Only questions answered by written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. All questions about the meaning or intent of the Contract Documents are to be directed to the City's Procurement Director in writing. Interpretations or clarifications considered necessary by the City's Procurement Director in response to such questions will be issued by City by means of Addenda mailed or delivered to all parties recorded by the City's Procurement Director as having received the Bidding Documents. Written questions should be received no less than ten (10) calendar days prior to the date of the opening of Bids. There shall be no obligation on the part of City or the City's Procurement Director to respond to questions received less than ten (10) calendar days prior to bid opening. BID NO: 39-00/01 DATE: 8/7/01 CITY OF MIAMI BEACH 13 3. Submittina Bids: All bids must be received in the Procurement Division, City of Miami Beach, 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139, before the time and date specified for bid opening, enclosed in a sealed envelope, legibly marked on the outside: BID FOR: BID/CONTRACT NO.: 4. Printed Form of Bid: All bids must be made upon the blank BidfTender Form included herein and must give the price in strict accordance with the instructions thereon. The bid must be signed and acknowledged by the Bidder in accordance with the directions on the bid form. 5. Bid Guarantv: All bids shall be accompanied by either an original bid bond executed by a surety company meeting the qualifications for surety companies as specified in Section 5, General Conditions, or by cash, money order, certified check, cashier's check, Bid Guaranty Form, Unconditional Letter of Credit (Form 00410), treasurer's check or bank draft of any national or state bank (United States), in an amount equal to five percent (5%) of the total base bid amount, payable to City of Miami Beach, Florida, and conditioned upon the successful Bidder executing the Contract and providing the required Performance Bond and Payment Bond and evidence of required insurance within fifteen (15) calendar days after notification of award of the Contract. A PERSONAL CHECK OR A COMPANY CHECK OF A BIDDER SHALL NOT BE DEEMED A VALID BID SECURITY. Security of the successful Bidder shall be forfeited to the City of Miami Beach as liquidated damages, not as a penalty, for the cost and expense incurred should said Bidder fail to execute the Contract, provide the required Performance Bond, Payment Bond and Certificate(s) of Insurance, within fifteen (15) calendar days after notification of the award of the Contract, or failure to comply with any other requirements set forth herein. The time for execution of the Contract and provision of the Performance Bond, Payment Bond and Certificate(s) of Insurance may be extended by the City's Procurement Director for good cause shown. Bid Securities of the unsuccessful Bidders will be returned after award of Contract. 6. Acceptance or Reiection of Bids: The City reserves the right to reject any or all bids prior to award.- Reasonable efforts will be made to either award the Contract or reject all bids within ninety (90) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price before the expiration of ninety (90) calendar days from the date of bid opening. A Bidder may withdraw its bid after the expiration of ninety (90) calendar days from the date of bid opening by delivering written notice of withdrawal to the Purchasing Division prior to award of the Contract by the City Commission. BID NO: 39-00/01 DATE: 8n/Ol. CITY OF MIAMI BEACH 14 7. Determination of Award: 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: a. The ability, capacity and skill of the bidder to perform the Contract. b. Whether the bidder can perform the Contract within the time specified, without delay or interference. c. The character, integrity, reputation, judgement, experience and efficiency of the bidder. d. The quality of performance of previous contracts. e. The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. 8. Evaluation: An interim performance evaluation of the successful Contractor may be submitted by the Contract Administrator during construction of the Project. A final performance evaluation shall be submitted when the Request for Final Payment to the construction contractor is forwarded for approval. In either situation, the completed evaluation(s) shall be forwarded to the City's Procurement Director who shall provide a copy to the successful CONTRACTOR. Said evaluation(s) may be used by the City as a factor in considering the responsibility of the successful CONTRACTOR for future bids with the City. 9. Contr~ct Price: The Contract Price is to include the furnishing of all labor, materials, equipment including tools, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the Contract Documents. The cost of any item(s) of Work not covered by a specific Contract unit price or lump sum price shall be included in the Contract unit price or lump sum price to which the item(s) is most applicable. 10. Postoonement of Date for Presentina and Ooenina of Bids: The City reserves the right to postpone the date for receipt and opening of bids and will make a reasonable effort to give at least seven (7) calendar days written notice of any such postponement to each prospective Bidder. 11. Qualifications of Bidders: Bids shall be considered only from firms normally engaged in performing the type of work specified within the Contract Documents. Bidder must have adequate organization, facilities, equipment, and personnel to ensure prompt and efficient service to City. In determining a Bidder's responsibility and ability to perform the Contract, City has the right to investigate and request information concerning the financial condition, experience record, personnel, equipment, facilities, principal business BID NO: 39-00/01 DATE: 8ntOl CITY OF MIAMI BEACH 15 location and organization of the Bidder, the Bidder's record with environmental regulations, and the claimsnitigation history of the Bidder. 12. Addenda and Modifications: The City shall make reasonable efforts to issue addenda within seven (7) calendar days prior to bid opening. All addenda and other modifications made prior to the time and date of bid opening shall be issued as separate documents identified as changes to the Project Manual. 13. Prevailina Waae Rates: City of Miami Beach Ordinance No, 94-2960 provides that in all non-federally funded construction contracts in excess of one million dollars to which the City of Miami Beach is a party, the rate of wages and fringe benefits, or cash equivalent, for all laborers, mechanics and apprentices employed by any contractor or subcontractor on the work covered by the contract, shall not be less than the prevailing rate of wages and fringe benefrt payments or cash equivalence for similar skills or classifications of work, as established by the Federal Register, in the City of Miami Beach, Florida. The provisions of this Ordinance shall not apply to the following projects: a. water, except water treatment facilities and lift stations; b. sewer, except sewage treatment facilities and lift stations; c. storm drainage; d. road construction, except bridges or structures requiring pilings; and e. beautification projects, which may include resurfacing new curbs, gutters, pavers, sidewalks, landscaping, new lighting, bus shelters, bus benches and signage. 14. Occuoational Health and Safety: In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this bid must be accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the manufacturer. The MSDS must include the following information: 14.1. The chemical name and the common name of the toxic substance. 14.2. The hazards or other risks in the use of the toxic substance, including: 14.2.1. The potential for fire, explosion, corrosion, and reaction; 14.2.2. The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and 14.2.3. The primary routes of entry and symptoms of overexposure. BID NO: 39-00101 DATE: 8/7/01 CITY OF MIAMI BEACH 16 14.3. The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of overexposure. 14.4. The emergency procedure for spills, fire, disposal, and first aid. 14.5. A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. 14.6. The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. 15. Environmental Reaulations: The City reserves the right to consider a Bidder's history of citations and/or violations of environmental regulations in investigating a Bidder's responsibility, and further reserves the right to declare a Bidder not responsible if the history of violations warrant such determination in the opinion of the City. Bidder shall submit with its Bid, a complete history of all citations and/or violations, notices and dispositions thereof. The nonsubmission of any such documentation shall be deemed to be an affirmation by the Bidder that there are no citations or violations. Bidder shall notify the City immediately of notice of any citation or violation which Bidder may receive after the Bid opening date and during the time of performance of any contract awarded to it. 16. "Or Eaual" Clause: Whenever a material, article or piece of equipment is identified in the Contract Documents including plans and specifications by reference to manufacturers' or vendors' names, trade names, catalog numbers, or otherwise, City, through Consultant, will have made its best efforts to name at least three (3) such references. Any such reference is intended merely to establish a standard; and, unless it is followed by the words "no substitution is permitted" because of form, fit, function and quality, any material, article, or equipment of other manufacturers and vendors which will perform or serve the requirements of the general design will be considered equally acceptable provided the materials, article or equipment so proposed is, in the sole opinion of Consultant, equal in substance, quality and function. ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S PROCUREMENT DIRECTOR, WHO SHALL FORWARD SAME TO CONSULTANT. 17. Protested Solicitation and Award: Bidders that are not selected may protest any recommendations for Contract award by sending a formal protest letter to the BID NO: 39-00/01 DATE: sn/Ol CITY OF MIAMI BEACH 17 Procurement Director, which letter must be received no later than five (5) calendar days after award by the City Commission. The Procurement Director will notify the protester of the cost and time necessary for a written reply, and all costs accruing to an award challenge shall be assumed by the protester. Any protests received after fIVe (5) calendar days from Contract award by the City Commission will not be considered, and the basis or bases for said protest shall be deemed to have been waived by the protester. BID NO: 39-00/01 DATE: 8/7/01 CITY OF MIAMI BEACH 18 00400. BIDITENDER FORM: Submitted: R/76.Jn1 Date City of Miami Beach, Florida 1700 Convention Cerrter Drive Miami Beach, Florida 33139 The undersigned. as Bidder, hereby declares that the only persons interested in this bid as principal are named herein and that no person other than herein mentioned has any interest in this bid or in the Contract to be entered into; that this bid is made without connection with any other person, firm, or parties making a bid; and that it is, in all respects, made fairly and in good faith without collusion or fraud. The Bidder further declares that it has examined the site of the Work and informed itself fully of all conditions pertaining to the place where the Work is to be done; that it has examined the Contract Documents and all addenda thereto furnished before the opening of the bids, as acknowledged below; and that it has satisfied itself about the Work to be performed; and that it has submitted the required Bid Guaranty; and all other required information with the bid; and that this bid is submitted voluntarily and willingly. The Bidder agrees, if this bid is accepted. to contract with the City, a political subdivision of the State of Florida, pursuant to the terms and conditions of the Contract Documents and to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to construct and complete within the time limits specified the Work covered by the Contract Documents for the Project entitled: The Bidder also agrees to furnish the required Performance Bond and Payment Bond or alternative form of security. if permitted by the City. each for not less than the total bid price plus alternates, if any. and to furnish the required Certificate(s) of Insurance. The undersigned further agrees that the bid guaranty accompanying the bid shall be forfeited if Bidder fails to execute said Contract, or fails to furnish the required Performance Bond and Payment Bond or fails to furnish the required Certificate(s) of Insurance within fifteen (15) calendar days after being notified of the award of the Contract. In the event of ariti1metical errors, the Bidder agrees that these errors are errors which may be corrected by the City. In the event of a discrepancy between the price bid in figures and the price bid in words, the price in words shall govern. Bidder agrees that any unit price listed in the bid is to be multiplied by the stated quantity requirements in order to arrivl: at the total. BID '10: 39-00/01 DATE: 8/7/01 CITY OF MIA~1 BEACH 19 . Acknowledgment is hereby made of the following addenda (identified by number) received since issuance of the Project Manual: See .5000 (k1mov1....I_n~ of Aild..nd. ') Attached is a Bid Bond [ ), Cash [ ), Money Order [ ), Unconditional Letter of Credit [ ], Treasurer's Check [ ), Bank Draft [ ), Cashier's Check [ ). or Certified Check [ ) No. Bank of for t"'e ($ sum of l. ~~ of Prapn~..d Bid Dollars The Bidder shall acknowledge this bid by signing and completing the spaces provided below. Name of Bidder: William~ Pavi ng Co. , Tne.. City/StatelZip: 7001 NW 84 th Avenue Miami, Fl. 33166 Telephone No.: 305/592-5650 Social Security No. or Federal LD.No. 59-0895890 Dun and Bradstreet No.: (if applicable) If a partnership. names and addresses of partners: BID ~o: 39-00/01 DATE: 8/7/01 CITY OF MIAMI BEACH 20 CSianbelow if not incoroorated) WITNESSES: Villi_._ ...."1 r~ . Tn~ (Type or Print Name of Bidder) (Type or Print Name Signed Above) (Sian below if incorporated) ATTEST: Williams Paving C~., Tnr.. (Type or Print Name of Corporation) 8~1~!~ 1Ji.._.: -1 :i - Vie.. (Signature and Title) Pr..sid..nt (CORPORATE SEAL) Ronni.. Smith (Type or Print Name Signed Above) Incorporated under the laws of the State of: Florida BID '10: 39-00/01 OA TE: 817101 CITY or MIAMI BEACH 21 THE AMERICAN INSTITUTE OF ARCHITECTS AU6 2.8 _ AlA OocumentA310 BID BOND KNOW ALL MEN BY THESE PRESENTS. that we WlWAJlS PAVING CO.. INC. as Principal. hereinafter cc:lled the Principal. and Uberty Mutual Insurance Company a corporation duly organized under the laws of the State of Massachusetts as Surety. hereinafter called the Surely, are held and firmly bound unto City of lIiami Beach as Obligee. hereinafter called the Obligee, in the sum of FIVE PERCENT (5%) OF PROPOSED BID-Dollars ($ -5%-). for the payment of which sum well and truly to be made. the said Principal and the Surety. bind ourselves. our het1S. executors. administrators. successors and assigns. jointly and severally. finnly by these presents. WHEREAS. the Principal has submitted a bid for PLAZA DE ESPANAlDREXEL AVENUE TO 15rH STREET ROADWAY IMPROVEMENTS FROM SOUTH OF ESPANOLA WAY; BfD NO. 39-00101 ~OW. THEREFORE. if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee II accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents will good and sufficient surety for the faothful performance of such Contract and for the prompt payment of labor and material fumished II tne prosecution thereof. or II' the event of the fa"ure of the Principal to enter such Contract and give such bond or bonds. If the ;>nnclpal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and sucn 'arger amount for which the Obligee may In good faith contract with another party to perform the Wort< covered by said bid, then tr',s obligation shall be null and VOid. othel'Wfse to remain In full force and effect ~ TH Signed and sealed thiS 24 day of August, 2001. Williams (Sean (Sean C_ J. _. AlIom !'"in-F..,t & _<I: Resid.:!lt Agent :t-~"'IleCl 11'\ :oooeratlC)I" -.J1n t". .......,ear1 lNtrll.tIe 01 An::NKlS (AlA) by CNfF&D CAHf&O WOl.lCI'In........ ~ '" hi ~ l:D"lb'mI aadIy lG" ~ WMd Il'l...... ~ ~.: k Ioow:I . AJA. FeDrlAr'y 19:''J EO _ THE ..tMERICAN lNSTfTUTE OF ARCHITECTS 1735 NEW YORK AYE N W W~TON 0 C 2CIXll5 !:J27651 ....... ___ of AtIomey 11mb .. .. oflllole IIMIed MNIn, endlhey ..... no Illlllodly to bind .. ~a",,*,. exOIpt In .. _.._ end to.. nlIInt ,.,. ....... ... _0__ _.. ..__ _"'_..._.....""..... ueERfi IIlII'UAL IN8URANCE COMPANY .......... MAn &CHUSlE1T8 POWER OF AlTORNEY KNOW ALL PERSONS BY THESE PRESENTS: ThaI LIIIrty Mutuallnaul.a CcImpMy (the ~. I MaaAchusetls mulu1II insuIance company. ~ III and by IUlhorily ;If \he By-law and AuIIloolutl"" hMinaIlIIr ... bth; doN ~ name. -.tIlute and appoint. KNSn IESIEl.I.ALIRA Cl.YIER, 11M\' C. ACEYES. ~- n 01. ... ICMl. W4\._1EIl M.1ER, ALL OF THE CITY OF ~ LAKES, STATE OF FLORlDA._ ..______.._________. _____.__ -..........--.-----...-.-----.-......---..------- -.--------.- ---..............--...-------....--.--.-........_........_____....___--0.. -------- -----...................---..--..--.--................--.-........................------..-------.....--------.-------.. -----.......................-----------.-..-.----............-...........------..-----........- ----....--.--- .a8CII indMcIueIIy. and ~ there be more lhan one nerned. ;q ITUII _llIwlut aUOmey.in-.act 10 make. exoc:ute, seal. _~ and clelMlr. "" and on ItS _ as surely and as its act and deed. any and all _ iII'Id consents of surely lor fne release 01 ..- percarugos ancl'or final estimal.. on all{jineamg and construction contrads. or similar authority requiM by the Oepattrnenl 01 Transportation. Slate 01 -. UIIlTED in the amount 01 FIFTY IIILUON AND 00/\..... DOllARS ($ 50,000.000...... ) each. iII'Id III execution of the aIorlSald _ and consents of surely. .n pursuance of Ihese prasen.s. sI1aII be as binding upon the Company as , lhey had been duly Signed by the pre5ldenl and anested by tne secretary of the Company in their own proper persons. That thos power OS made and executed pursuant 10 and by authority 0I1he following By'law and Authorization; ARTICLE XVI - Execution 01 Contracts: Section 5. Surely Bonds and UndertakIngs. cO Any olIocer or other official 01 1t'.e company authoriZed for that purpose in wrrting by II1e chairman or the pr_ and subject 10 such II Umitations as the chairman or the preskfent may prescribe. shall appoint such attomeys.in-facl. as may be necessary to act in behatf of the .!! company to make, execute. seal. acknowfedge and deliver as surety any and aD undertakings. bonds. recogrllll..-..cS and other surety i obIigattons_ SUCh attorneys-tn-tact subtect 10 the limitations set forth in their respective powers of attorney. snail ~ full power to btnd the ;& company by their signature and execution of any such instnJments and to attach thereto the seal of the company. When so executed such = instruments shall be as btncting as if signed by the president and anested by the secretary. '" CJi By the following InStrument the chairman or th4 pr8$ldent has authorized the offtCer or other offICial named therein 10 appolInt anomeys..in--fact " 'i Pursuant to Anicle XVI. Section 5 of the By-laws. Assistant Vice President Garnet W_ ERion is hereby authorized to appoint such anomeys-in- > tact as may be necessary to act In behalf of the company to make. execute. seal. acknowtedge aOO defiver as surety any and all undertakings. 'ii bOnds. recognizances and other surety obligations. " :'2 That the By-law and the AuthonzabOn above set forth are true copies mereof and are now in full force and effect. III e IN WITNESS WHE~EOF. thiS lnstrume"lt has been subscribed ~y Its authorizeo otf.cer and the corporate seal of the said Liberty Mutual Insurance o 1 Company has been affIxed lhereto In Plymouth Meeting. Pennsylvanta thIS 28th day of Febru;lIty ?fYl1 .!! LIBERTY MUTUAL INSURANCE COMPANY to - g; 110 - .. :51 COMMONWEA~ TH OF PENNSYLVANIA oj COUNTY OF MONTGOMERY !I 55 >. . "0 . . . c ii " IJ >- C . _c -0 3.... ~ Ee sa. -0 e.., _h 0" ."0 ..C: ~c Oe Q.c :!8 -.. -'" Oc: ~: '6~ ~j ..0 .c" _N e~ .N -.., -.. c, 00 u_ 0" .....:. By G:'."".."e::r {,./. &".-:tIJ Gamet W Elbon. A.SSlstant Vice President On thiS 28th oey at February A.D 2001 oetore me. a Notary Poblic. personally came the IndiVIduaL known to ~ me to be the tnereln described +nciYJdbal and officer of liberty Mutual Insurance Company who executed the preceding Instnm'lent and he acknowled. i Qed that he executed me .-me ~ ~ -'tt:le sea! affixed to the 531(1 jJreceding instrument IS the corporate seal of said con'Cl8ny: and that sa.cj corporate =. seal and his s.gr.attJ~ sob6crtbed-~~w;as duly affixed and subscnbed to the saId Instrument by authority and direction of the said company. ~ IN TESTIMOtJ: W~ERE.QF I !'Ie. . re~1b sellll1Lhand..aml,ilu.m, official.seal al PIymoutIl Meeting. ~ Ihe day and year r<rst above wntten. . , ;'--"". !~~ ~ d./., . '.:-0:'.. _y,- .... __n__ NoIar'f"'- . , ....':"-:. <:' / CERTIFICATE .... '. ~ ~ I. the unde'sogned. ~retary of Libel'!y Mutual Insurance Company. do hereby cerIlIy tl'lal Ihe original power of anomey 01 which Ihe foregoeng 1$ a full. true and correct copy. 16 m full force and effect on tI'le date of ttus cemfic:ale; and. I do further cenfty that the officer who executed the scud power of anorney was one of the officef$ specially authorized by the chairman or the president to appoin-t any attorney-in-fact as provided In Article XVt Secbon 5 ot the-By.laws of LIberty Mutual Insurance Company. This certificate may be stgned by facsime uncler and by authOrity of the foltowlng vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and hek:I on the 12th day of Marctl. 1980. VOTEO mat the faCSimile or mechanically reproduced stgnature of any assistant secretary of the company wherever appeanng upon a certified copy of any power of attorney ISSued by the company. shall be valid and binding upon the company wittllhe same force and effect as though manually affixed. IN TESTIMONY WHEREOF. I have hereunto subseribed my name ond al'ixed.lI1e corpora.e seal 0I1he saia c:ornpany.1hs 24th AUius~ 2001 ~ // _/P.&- ~ THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BONO WITH AN INCEnION DATI AFTER ~I~ ,. dayot . 20 03...-. 00405. CITY OF MlAMl ~EACH UCENSES. PERMITS AND FEES: Pursuant to the Public Bid Disclosure Act, each license, permit or fee a Contrac:llllr will have to pay the City before or during construction or the percentage method or unit method of all licenses, permits and fees REQUIRED BY THE CITY AND PAYABLE TO THE CITY by virtue of this construction as part of the Contract is as follows: [NOTE: List all City of Miami Beach licenses, permits and fees, and the amount or percentage method of the licenses, permits and fees.] LICENSES, PERMITS AND FEES WHICH MAYBE REQUIRED BY MIAMI-DADE COUNTY THE STATE OF FLORIDA, OR OTHER GOVERNMENTAL ENTITIES ARE NOT INCLUDED IN THE ABOVE LIST. 1. Occupational licenses from City of Miami Beach firms will be required to be submitted within fifteen (15) days of notification of intent to award. 2. Occupatonal licenses will be required pursuant to Chapter 205.065 Florida Statutes. BID :'10: 39-00/01 CITY OF MIAMI BEACH DA TE: 817101 22 00407. SCHEDULE OF PRICES BID: Consideration for Indemnification of CITY 125.00 ( X ] Cost for compliance to all Federal and State requirements of the Trench Safety Act. (NOTE: If the brackets are checked or marked, the Bidder must fill out the Trench Safety Act sheet, Page 59, Section 00540, to be considered responsive.] BID :'110: 39-00/01 DATE: 817/01 CITY OF MIAMI BEACH 23 00410. BID~UAAANTYFORM RIA UNCONQITIONALlETIER OF CREDIT: Date of Issue Issuing Bank's No. Beneficiary: City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Aoolicant: Amount: in United States Funds Expiring: (Date) Bid/Contract Number We hereby authorize you to draw on (Bank. Issuer name) by order of and for the account at (branch address) of (contractor, applicant, customer) up to an aggregate amount. in United States Funds, of available by your drafts at sight. accompanied by: 1. A signed statement from the City Manager of the City of Miami Beach, or his authorized representative, that the drawing is due to default in performance of obligations on the part of agreed upon by and (contractor, applicant. customer) between City of Miami Beach, Florida and (contractor, applicant, customer) pursuant to the Bid/Contract No. for (name of project) Drafts must be drawn and negotiated not later than (expiration date) Drafts must bear the clause: "Drawn under Letter of Credit No. of dated (Bank name) BID NO: 39-00/01 DATE: 817/01 CITY OF MIA~I BEACH 24 This Letter of Credit sets forth in fuR terms of our undertaking; and such undIdaking shall not in any way be modified, amended. or amplified by reference to any doaments, instrument, or agreement referred to herein or to which this Letter of Credit is ._[. ..,d or this Letter of Credit relates. and any such reference shall not be deemed to inc:olpOrate herein by reference any document, instrument, or agreement. We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this Letter of Credit that such drafts win be duly honored upon presentation to the drawee. The execution of the Contract and the submission of the required Performance and Payment Guaranty and Insurance Certificate by the (contractor, applicant, customer) shall be a release of all obligations. This Letter of Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict between the law of another state or country and Florida law should arise, Florida law shall prevail. Authorized Signature BID ~o: 39-00/01 DATE: 8/'7'01 CITY Of ~IAMl BEACH 25 00500. SUPPlEMENT TO ~~R FORM; THIS COMPLt: JI:IJ FORM SHOULD BE SUBMITTED WITH THE BID, HOWEVER, ANY ADDITIONAL INFORMATION NOT INCLUDED IN THE SUBMITTED FORM AS DETERMINED IN THE SOlE DISCRETION OF THE CITY, SHALL BE SUBMITTED WITHIN SEVEN (7) CALENDAR DAYS OF THE CITY'S REQUEST. QUESTIONNAIRE The undersigned authorized representative of the Bidder certifies the truth and accuracy of all statements and the answers contained herein. 1. How many years has your organization been in business while possessing one of the licenses, certifications, or registrations specified in Section 00510? LicenselCertificationlRegistration EDgin@@ring CoD~rAc~or # Years 49 1A. What business are you in? Si ~e Vork (Str@@t R@stora~ioD) 2. What is the last project of this nature that you have completed? R.."onstrnctinn S.F.. 8th Ct. from S.F.. 8~h St. to Okpe"hohPp Rd. - Ci ~y of Hi a Ie.h 3. Have you ever failed to complete any work awarded to you? If so, where and why? ",,~ C'..ftPJlll R~CIIoF F:l AIDAn t' A'rY ~I"'hnnl ;n n.ttCllo C'..ftllnty. r...rrpnt Li~ilation AgAinst JessI. Cnnstruction Corp./St. Paul Sure~y Corp. 3A. -Give owner names, addresses and telephone numbers, and surety and project names. for all projects for which you have performed work, where your surety has intervened to ~ssist in completion of the project, whether or not a claim was made. IInnp BID :'010: 39-00/0\ DATE: 8/7/01 CITY OF MIAM\ BEACH 26 .. Give names, add,... and telephone numbers of three indiYidullll, COf1)uo4llliuo1s, agencies, or institutions for which you have performed work: 4.1. City of Hialeah (name) 5601 E. 8th Ave. (address) 305/687-2668 (phone ~ 4,2. 1.1 ph ....P?'i... n.v Oft1 Ii IIV 11..h T,.rr. (name) (address) 305/592-3322 (phone #) 4.3. Arile Court.. (name) 711~ SV 104th ~t_ (address) 30'i/667-1228 (phone #) 5. List the following information concerning all contracts in progress as of the date of submission of this bid. (In case of co-venture, list the information for all co-venturers.) NAME OF PROJECT OWNER & PHONE # TOTAL DATE OF CONTRACT COMPLETION VALUE PER CONTRACT %OF COMPLETION TO DATE See Attached (Continue list on insert sheet, if necessary.) 6. Has a representative of the Bidder completely inspected the proposed project and does the Bidder have a complete plan for its performance? Yes 7. Will you subcontract any part of th:s wcrk? If so, give details including a list of each subcontractor(s) that will perform work in excess of ten percent (10%) of the contract amount. the approximate percentage, and the work that will be performed by each such subcontractor(s). Include the name of the subcontractor(s) and the approximate percentage of work. Bovs ED2ineerin2. Inc. - 101 - Sewer Black Creek Nursery. Inc. - 101 - Landscapin2 Besco Utilities - 101 - Lighting & Utilities BID :"0: 39-00/0 I D."TE: 8/7/01 CITY OF MIA."'1 BEACH 7- -, The foregoing list of SUbcolltractor(S) may not be amended after IWard of the Contract without the prior written approval of the Contract Adminis1rator, whose approval shall not be unreasonably withheld. 8. What equipment do you own that is available for the work? More than ...qnirM tn f1l1fil1 ..h.oft.Ad 9. What equipment will you purchase for the proposed work? NOD 10. What equipment will you rent for the proposed work? NONF. 11. State the name of YOIJr proposed project manager and superintendent and give details of his or her qualifications and experience in managing similar work. Lonnip (".o11in.. 11.1 '..JIIII'I~rdJll ~ See Attached BID ~o: 39-00/01 DA TE: 817/01 CITY OF ;\1 lAM 1 BEACH 28 M#lLLI~1IfI1/!!!6 - , J ~"-"-.i - I",~.. ..1_. - . .. - ,.~. -. ..-.. ~~~ 0PJ'Ica: ~ N.W. ...... AveNUE J ~. .....0fiU0rll'. .... TELEPHONE: 30""2."10 fAll: 301."2-7101 Key Individual Expcrienc:e . lose Rodriguez: Mr. Rodriguez is President and has been employed by Williams Paving Co. since 1975. He bas complete knowledge ofaD phases of site work. Projects ranging from major road work to parking lots, Holds engineering contractor licenses in Dade and Broward counties. . laMie Collins: Mr. Collins is Vice President and bas been employed by Williams Paving Co. since 1995. Has long tenn experience in site work dating back to 1974, including his own business in this same industry. Holds engineering contractors licenses in Dade and B roward counties, . David Salazar: Mr. Salazar has ten years of surveying experience and four years as a general superintendent for site work. . Alan Lauderdale: Mr. Lauderdale has twenty years of drainage! water and sewer experience and ten years as drainage superintendent. . Charles Baxley: Mr. Baxley has twenty years of heavy construction experience, eight years as asphalt superintendent, and two years as a general superintendent. . Raymond F. Mielke: Mr. Mielke has only been with us about 9 months, but brings an impressive wealth ,of experience, See attached, 1 12. State the true, exact. correct and complete name of the partnership, corporation or trade name under which you do business and the address of the place of business. (If a corporation, state the name of the president and secretary. If a partnership, state the names of all partners. If a trade name, state the names of the individuals who do business under the trade name). 12.1 The correct name of the Bidder iSVi1U... PaviDI Co.. Ine. 12.2 The business is a (Sole Proprietorship) (Partnership) (Corporation). r..n...-pnr... i "ft 12.3 The address of principal place of business is 7001 Inl 84th Avenue, Mi_i. n 33166 12.4 The names of the corporate officers, or partners, or individuals doing business under a trade name, are as follows: Jose Rodriguez - Prpsident Rptty .'PAn Rntlr;gI1P7.. - ~pr.rpt"Jlry/TrPA~1Jrpr 12.5 List all organizations which were predecessors to Bidder or in which the principals or officers of the Bidder were principals or officers. MIA BID "10: 39-00/0! D.~TE: 81'7/01 CITY OF MIAMI BEACH 29 12.6. List and describe aI bMkruptcy petitions (voluntary or involuntary) which have been filed by or lIgainst the Bidder, b parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description the disposition of each such petition. ..-r. 12.7. List and describe all successful Performance or Payment Bond claims made to your surety(ies) during the last five (5) years. The list and descriptions should include claims against the bond of the Bidder and its predecessor organization(s). RONE 12.8 list all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names; case, arbitration or hearing identification numbers; the name of the project over which the dispute arose: a description of the subject matter of the dispute; and the final outcome of the claim. See Attached BID SO: 39-00/01 DATE: 8/7/01 CITY OF :I11AMl BEACH 30 19. Yes. a. n. ~ ~ ~ " die .....JL... 'II'IllIlJ.u PIltIbW Co., lie.. ,. l'ItriIG CO)(lf'" w. r....PIt~~.... 0llutJ...""", k.. G JI1DrIi4 ~ Jot ..rIy MJ. Grwp ~ lite.. fl FItJrIiItl CitII'pOtat_ ad JrN- &r.t (Api1IIJ PtIr1Mn, k. G FIDrliItI CtJI1ID"GIIDII b. ne cae ..lIINr: 97-2I281CA 10 c. The fonm/veaRe oCtile Idiom: Cin:uit Cout! ofdle EIeveaIh lw1icia1 Cin:uit in UId for Dade Collllly. Florida. d. Dacripdo. 01 die claim, actio. or 1itIptIoa: Acticn to bee_ . CCIIIStl'lICtiOl1 Iic:n md bracl1 of .....u!l._'t. Co Evideace 01 satlslactory resoIutloll of *e dafm, actio., or Htfvd-: Tbc action W3S settled out of cout! and !be case WIll di...,;-ed with prqudicc on May 19, 1998. A copy of the Notice ofDi-;_1 With Prejudice is -.IvocJ hemo as Exlaibit 1. --. a.. The styleleaptioD of the matter: W"zIliImu Pavi1Ig Co.. lnc.. II F1orid4 corporariorJ VI. Tekcon, Inc., II Florida c:t:JTPOraticn, and Riu:etrac PelTOleum. Inc., a Georgia corporation b, TIte case umber: 97.28285 CA (23) c_ TIte forumtvene of tile actioa: Citcuit Cout! oftbc Elevemh Judicial Circuit in and for Dade Coumy, Florida. d. Descriptio. of the claim, .dio. or li1iC-tioII: Action to foreclose a coDSttUC1ion Iic:n and breach of contrlICt e. EvideDce of ..tlJ..f"tory resolutloll of tile c:Iaim, _din, or litipdoa: Settl.....""'t with clc:f.oM-. ~ Petroleum, Jnc. A trae aod comet copy of the Notice of Volumaty DisaQ.....' With PrejudiI:c of Compliaa1 as Against DefeDdant Racettac PdrIlleum. Jnc. md Order Approving Voluntary Di.....;-I with Prejudice and F'mal Order of Default Judgmmt ~n!lt Tc:kcon,J:oc. are .'tJo..bNl hereto as li'YItilait 2. -- -- a. TIte style/captioa 01 the matter: W"zllianu Paving Co,. In&., II FloridD C01'p01'atlOll vs, Td:con, Inc,. II Florida C01'p01'ation, and Ri1.cdrac Pelrolalm. Inc., a Georgia COI'pOratiDII c,,","'A ~2& b. ne_..-,-: 97-19583 (03) c. 'I'M .......,... 01 1M r1I-' Cin:ail Court of die Sev.....l1h,l~ 1udicial CimIil illlllll for Dade Coady. Florida. d. Dmf\ldla olClle --.1Cdo. ... ....,.....; h:tiaa 10 1bRcJoIe a CClIISIl'lIdicG IiCD IIId Ilreach of ~~ e. El'fd.ce or sadsfutory raoladoa ot die claim, acdoa, or lIdptioa; Settl- wi1h def-'''''\ Racecrac Petroleum, IDe. A true md comet COf1Y of the Nacic:c of V ohmlary ])i,....C$~ , With 1're,judice of ComplilDt as .. pi-t Dd""""'-'t lW:eIrac Petroleum. IDe. ad Order Approvizl& VolUDtaIy ])i....,;",,1 with Prejudice aDd Final Order of Default ludgmezu apinst TckcoD, IDe. are attached hc:rcto as EDibit 3. - a. De ItylelcaptioD of tile matter: Bay Harbor bltmtJs, " 1IIVIIicipal corporatiolI, Pl4tntiff, l\f. HNTB Cmp., II Dela'rwzrr corporation. fJ1IIl JrJllitInU Paving Co., 111C" II FloriJD corporation. DefendiDw; Willimtu Paving Co-. 1nc.. Defenda1tlmtird Party PltJintijf. vs. Gzyman E1earic Service, 111&., 'I'1Ii7d P/Jrly Defe1Ulatrl/Crrm Plaintiff, V.t. HNTB Corp_. a DeUrwtzn corportlliiJn, Cros3 Defentimu b. TheeuuDlDber: 98-7917 CA (03) c;, The fonmlveaue oldie actiou: Circuit Court of the Eleveath Judicial Circuit in and for Miami-Dade County, Florida. d. Deseriptioa of tile claim, actioll or Iitlaatioa: Brcac:h of contraCt action betWeen all parties. e. Evidaace or satislactoly raoIatioa ollke claim, amOll, or IitiptioD: The case was amicably settled between the parties aod an Order of Dismissal With Prejudice is ~rt,.,.hM hereto as EDlbit 4. a. The ltyleleap1ioa of tile matter. Williams Pavf1Ig Co.. me., V.t. l17]NDI KbCit and .huM Doering and Linelotte Doering. as Co-Tnistees of TIle Doering T1'II.Sl b, De casu1UDber: 99-019365 c, De lonJDlveaue of tile actioa: CimDt Com or" the Sevo-l"Mtth l11dicial Circuit in aDd for Miami-Dade County, Florida. 12.9. List and describe ... ........'181 proceedillga or hearinga concerning business related offiM.. in which the Bidder, its principals 01 officers or predecessor organization(.) were defendants. lInIII' 12.10. Has the Bidder, its principals, officers or predecessor organization(s) been debarred or suspended from bidding by any government during the last five (5) years? If yes, provide details. No 12.11 . Under what conditions does the Bidder request Change Orders. When unforspen ~nnditions pvolvp not listed in s~cifications or 91ans. BID NO: 39-00/01 DATE: 811/01 CITY OF )I1AMl BEACH 31 00520. SUPPlEMENT TO ~IQITENOeR FORM NON-COlLUSION ~ERTlFlCA~ THIS FORIIMUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO BE DEEMED RESPONSIBLE. Submitted this 24th day of AUlI:ust ,2001. The undersigned, as Bidder, declares that the only persons interested in this Bid are named herein; that no other person has any interest in this Bid or in the Contract to which this Bid pertains; that this Bid is made without connection or arrangement with any other person; and that this Bid is in every respect fair and made in good faith, without collusion or fraud. The Bidder agrees if this Bid is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the Bidder and the City of Miami Beach, Florida, for the performance of all requirements to which the Bid pertains. The Bidder states that this Bid is b number: Bid No. 39-00/01. upon the documents identified by the following Jose Rodrf2uez PRINTED NAME President TITLE (IF CORPOR~ TlO!'.) BID :"i0: 39-00/01 DATE: 817101 CITY OF MIAMI BEACH 32 00530. SUPPLEMENT TO ~OER FORM DRUG FREE 'NORKPlACE CERTIFICATION THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO BE DEEMED RESPONSIBLE. The undersigned Bidder hereby certified that it will provide a drug-free workplace program by: (1) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the offeror's workplace, and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establishing a continuing drug-free awareness program to inform its employees about: (i) The dangers of drug abuse in the workplace; (ii) The Bidder's policy of maintaining a drug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; . (3) Giving all employees engaged in performance of the Contract a copy of the statement required by subparagraph (1); (4) Notifying all employees, in writing, of the statement required by subparagraph (1). that as a condition of employment on a covered Contract, the employee shall: (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than five (5) calendar days after such conviction; (5) Notifying the City in writing within ten (10) calendar days after receiving notice under subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; BID ~o: 39-00/01 DATE: 817i0l CITY OF :\11":\11 BEACH 33 (6) VVithin thirty (30) calendar daya after rec:eMng notice under subparagraph (4) cf . conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workpIac:e: (i) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; and (7) Making a good faith effort to maintain a drug-free implementation of subparagraphs(1) through (6). STATE OF Florida 111ia"5 Pavin2 (Print Vendor Name) COUNTY OF Dade The foregoing instrument was acknowledged before me this 24th day of Aueust ,20~,by Jose Rodri2uez as (name of person whose signature is being notarized) President (title) of Williams Pavin2 Co.. Inc. , (name of corporation/company) known to me to be the person described herein. or who produced .l.H.UHU..uU as identification, and who did/did not take an oath. NOTARY PUBLIC: ~,lUJm.rn~~ (Signature) 1(ene.Marft~ (Print Name) _II.WRnM lIYOO'- IS )."c:c~ ElIPIIlES: 0IcMIIIr 50.. ....... "-'" "'*........- My commission expires: 1 '} 10'i/04 BID :>/0: 39-00/01 DATE: 8/i/01 CITY OF :\tIA:\t1 BEACH 34 00540. SUPPLEMENTTQ ~ FORM TRENCH SAFETY ACT THIS FORM MUST BE aU_II 11:11 WITH BID FOR BID TO BE DEEIIED RESPONSIVE. On October 1, 1990 House BiD 3181, known as the Trench Safety Act became law. This incorporates the Occupational safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR.S.1926.650, as Florida's own standards. The Bidder, by virtue of the signature below, affirms that the Bidder is aware of this Act. and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Bidder and subcontractors. The Bidder is also obligated to identify the anticipated method and cost of compliance with the applicable trench safety standards. BIDDER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT, THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY, THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. The Bidder further identified the costs and methods summarized below: Quantity Unit Description Unit Price Price Extended Method Slorfd StOnl Drainalle L.F. 627 5.00 3.135.00 Ban s Sanitary Sewer L.F. 35 50.00 1. 750.00 O..",,,tpril1g Total $ 4.885.,P<> BID ~O: 39-00/01 DATE: 81'7101 CITY OF MIAMI BEACH 35 !!\I ORDER TO @.E CONSIQBD RE~ .,ST COMPLETE* THIS FORM. SIGN AND SU.-r IT WITH ITS BID DOCUIIENT. .COMPLETION REQUIRES FILLING IN THE APPROPRIATE DETAILS UNDER THE HEADINGS. i.e.. DESCRIPTION, UNIT. QUANTITY PRICE, UNIT PRICE. EXTENDED. AND METHOD. BID NO: 39-00/01 DATE: 817/01 CITY OF MIAMI BEACH 36 00550. RECYCLED CONTENT INFORMATION In support of the Florida Waste Management Law, Bidders are encouraged to supply with their bid, any information available regarding recycled material content in the products bid. The City is particularly interested in the type of recycled material used (such as paper, plastic, glass, metal, etc.); and the percentage of recycled material contained in the product. The City also requests information regarding any known or potential material content in the product that may be extracted and recycled after the product has served its intended purpose. BID NO: 39-00/01 DATE: sn/Ol CITY OF MIAMI BEACH 37 00600. CON.TRACT CONTRACT THIS IS A CONTRACT, by and between the City of Miami Beach, a political subdivision of the State of Florida, hereinafter referred to as CITY, and f.,U i It; A-\1"\ S' P f\" i (\ J- ~o T(\ c... . , hereinafter referred to as I CONTRACTOR. WIT N E SSE T H, that CONTRACTOR and CITY, for the considerations hereinafter named, agree as follows: ARTICLE 1 SCOPE OF WORK CONTRACTOR hereby agrees to furnish all of the labor, materials, equipment services and incidentals necessary to perform all of the work described in the Contract Documents and related thereto for the Project. ARTICLE 2 CONTRACT TIME 2.1 CONTRACTOR shall be instructed to commence the Work by written instructions in the form of a Standing Order issued by the City's Procurement Director and a Notice to Proceed issued by the Contract Administrator. Two (2) Notices to Proceed will be issued for this Contract. CONTRACTOR shall commence scheduling activities, permit applications and other preconstruction work within five (5) calendar days after the Project Initiation Date which shall be the same as the date of the first Notice to Proceed. The Notice to Proceed and Purchase Order will not be issued until CONTRACTOR's submission to CITY of all required documents and after execution of the Contract by both parties. 2.1.1. The receipt of all necessary permits by CONTRACTOR and acceptance of the full progress schedule in accordance with technical specifications section, submittal schedule and schedule of values is a condition precedent to the issuance of a second Notice to Proceed to mobilize on the Project site and commence with physical construction work. 2.2 Time is of the essence throughout this Contract. The Work shall be substantially completed within One-Hundred Eighty (180) calendar days from the Project Initiation Date specified in the Notice to Proceed, and completed and ready for BID NO: 39-00/01 DATE: sn/Ol CITY OF MIAMI BEACH 38 final payment in accordance with Article 5 within Two-Hundred Ten (210) calendar days from the date certified by CONSULTANT as the date of Substantial Completion. 2.3 Upon failure of CONTRACTOR to substantially complete the Contract within the specified period of time, plus approved time extensions, CONTRACTOR shall pay to CITY the sum of One-Thousand Dollars (~for each calendar day after the time specified in Section 2.2 above, plus any approved time extensions, for Substantial Completion. After Substantial Completion should CONTRACTOR fail to complete the remaining work within the time specified in Section 2.2 above, plus approved time extensions thereof, for completion and readiness for final payment, CONTRACTOR shall pay to CITY the sum of One- Thousand Dollars ($IIBIIIIII) for each calendar day after the time specified in Section 2.2 above, plus any approved extensions, for completion and readiness for final payment. These amounts are not penalties but are liquidated damages to CITY for its inability to obtain full beneficial occupancy and/or use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by CITY as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of CONTRACTOR to complete the Contract on time. The above-stated liquidated damages shall apply separately to each portion of the Project for which a time for completion is given. 2.4 CITY is authorized to deduct liquidated damages from monies due to CONTRACTOR for the Work under this Contract or as much thereof as CITY may, in its sole discretion, deem just and reasonable. 2.5 CONTRACTOR shall be responsible for reimbursing CITY, in addition to liquidated damages, for all costs incurred by CONSULTANT in administering the construction of the Project beyond the completion date specified above, plus approved time extensions. CONSULTANT construction administration costs shall be pursuant to the contract between CITY and CONSULTANT, a copy of which is available upon request of the Contract Administrator. All such costs shall be deducted from the monies due CONTRACTOR for performance of Work under this Contract by means of unilateral credit change orders issued by CITY as costs. are incurred by CONSULTANT and agreed to by CITY. 2.6 SAVINGS - City and Contractor recognize that both parties will benefrt financially should the Project be completed prior to the contract time specified in Paragraph 2.2 of the Contract (Agreement). Accordingly, for each calendar day that the contract work is accepted by the City prior to the contract time specified for Substantial Completion in Paragraph 2.2 of the Contract (180 calendar days) BID NO: 39-00/01 DATE: sn/Ol CITY OF MIAMI BEACH 39 the Contractor shall receive as liquidated savings for early completion, the amount of Five-Hundred Dollars ($500) per day. The total liquidated savings payment shall not exceed $15,000. Such payment will be made after final acceptance in accordance with Section Article 5. The liquidated savings payment amount represents a reasonable estimate of the City's savings for inspection, engineering services and administrative costs realized from early completion. BID NO: 39-00/01 DATE: sn/Ol CITY OF MIAMI BEACH 40 ARTICLE 3 THE CONTRACT SUM [ X ] This is a Unit Price Contract:. 3.1 CITY shall pay to CONTRACTOR the amounts determined for the total number of each of the units of work completed at the unit price stated in the schedule of prices bid. The number of units contained in this schedule is an estimate only, and final payment shall be made for the actual number of units incorporated in or made necessary by the Work covered by the Contract Documents, 3.2 Payment shall be made at the unit prices applicable to each integral part of the Work. These prices shall be full compensation for all costs, including overhead and profit, associated with completion of all the Work in full conformity with the requirements as stated or shown, or both, in the Contract Documents. The cost of any item of work not covered by a definite Contract unit price shall be included in the Contract unit price or lump sum price to which the item is most applicable. [ X ] This is a Lumo Sum Contract:. 3.1 CITY shall pay to CONTRACTOR for the performance of the Work described in the Contract Documents, the total price stated as awarded. 3.2 Payment shall be at the lump sum price stated in the Contract. This price shall be full compensation for all costs, including overhead and profit, associated with completion of all the work in full conformity with the requirements as stated or shown, or both, in the Contract Documents. The cost of any item of work not covered by a definite Contract lump sum should be included in the lump sum price to which the item is most applicable. .Note: Some Projects include both unit prices and lump sums in which case both sections shall apply to the Work identified for each type of Contract. ARTICLE 4 PROGRESS PAYMENTS 4.1 CONTRACTOR may make Application for Payment for work completed during the Project at intervals of not more than once a month. CONTRACTOR's application shall show a complete breakdown of the Project components, the quantities completed and the amount due, together with such supporting evidence as may be required by CONSULTANT. CONTRACTOR shall include, but same shall be limited to, at Consultant's discretion, with each Application for Payment, an updated progress schedule acceptable to CONSULTANT as BID NO: 39-00/01 DATE: snlOl CITY OF MIAMI BEACH 41 required by the Contract Documents and a release of liens and consent of surety relative to the work which is the subject of the Application. Each Application for Payment shall be submitted in triplicate to CONSULTANT for approval. CITY shall make payment to CONTRACTOR within thirty (30) days after approval by CONSULTANT of CONTRACTOR's Application for Payment and submission of an acceptable updated progress schedule. 4.2 Ten percent (10%) of all monies earned by CONTRACTOR shall be retained by CITY until Final Completion and acceptance by CITY in accordance with Article 5 hereof, except that after ninety percent (90%) of the Work has been completed, the Contract Administrator may reduce the retainage to five percent (5%) of all monies previously earned and all monies earned thereafter. Any reduction in retainage shall be in the sole discretion of the Contract Administrator, shall be recommended by CONSULTANT and CONTRACTOR shall have no entitlement to a reduction. Any interest earned on retainage shall accrue to the benefit of CITY. All requests for retainage reduction shall be in writing in a separate stand alone document. 4.3 CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: 4.3.1 Defective work not remedied. 4.3.2 Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR or CITY because of CONTRACTOR's performance. 4.3.3 Failure of CONTRACTOR to make payments properly to Subcontractors or for material or labor. 4.3.4 Damage to another contractor not remedied. 4.3.5 Liquidated damages and costs incurred by CONSULTANT for extended construction administration. 4.3.6 Failure of CONTRACTOR to provide any and all documents required by the Contract Documents. When the above grounds are removed or resolved satisfactory to the Contract Administrator, payment shall be made in 'whole or in part. BID NO: 39-00/01 DATE: 8ntOl CITY OF MIAMI BEACH 42 ARTICLE 5 ACCEPTANCE AND FINAL PAYMENT 5.1 Upon receipt of written notice from CONTRACTOR that the Work is ready for final inspection and acceptance, CONSULTANT shall, within ten (10) calendar days, make an inspection thereof. If CONSULTANT and Contract Administrator find the Work acceptable, the requisite documents have been submitted and the requirements of the Contract Documents fully satisfied, and all conditions of the permits and regulatory agencies have been met, a Final Certificate of Payment (Form 00926) shall be issued by CONSULTANT, over its signature, stating that the requirements of the Contract Documents have been performed and the Work is ready for acceptance under the terms and conditions thereof. 5.2 Before issuance of the Final Certificate for Payment, CONTRACTOR shall deliver to CONSULTANT a complete release of all liens arising out of this Contract, receipts in full in lieu thereof; an affidavit certifying that all suppliers and subcontractors have been paid in full and that all other indebtedness connected with the Work has been paid, and a consent of the surety to final payment; the final corrected as-built drawings; and the final bill of materials, if required, and invoice. 5.3 If, after the Work has been substantially completed, full completion thereof is materially delayed through no fault of CONTRACTOR, and CONSULTANT so certifies, CITY shall, upon certificate of CONSULTANT, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 5.4 Final payment shall be made only after the City Manager or his designee has reviewed a written evaluation of the performance of CONTRACTOR prepared by the Contract Administrator, and approved the final payment. The acceptance of final payment shall constitute a waiver of all claims by CONTRACTOR, except those previously made in strict accordance with the provisions of the General Conditions and identified by CONTRACTOR as unsettled at the time of the application for final payment. ARTICLE 6 MISCELLANEOUS 6.1 This Contract is part of, and incorporated in, the Contract Documents as defined herein. Accordingly, all of the documents incorporated by the Contract Documents shall govern this Project. BID NO: 39-00/01 DATE: sn/Ol CITY OF MIAMI BEACH 43 6.2 Where there is a conflict between any provision set forth within the Contract Documents and a more stringent state or federal provision which is applicable to this Project, the more stringent state or federal provision shall prevail. 6.3 Public Entity Crimes In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the CITY, may not submit a bid on a contract with the CITY for the construction or repair of a public building or public work, may not submit bids on leases of real property to the CITY, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the CITY, and may not transact any business with the CITY in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the CITY purchase and may result in Contractor debarment. 6.4 Indeoendent Contractor CONTRACTOR is an independent contractor under this Contract. Services provided by CONTRACTOR pursuant to this Contract shall be subject to the supervision of CONTRACTOR. In providing such services, neither CONTRACTOR nor its agents shall act as officers, employees, or agents of the CITY. This Contract shall not constitute or make the parties a partnership or joint venture. 6.5 Third Party Beneficiaries Neither CONTRA.CTOR nor CITY intend to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract. 6.6 Notices Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set BID NO: 39-00/01 DATE: 8/7/01 CITY OF MIAMI BEACH 44 forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For CITY: With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: 6.7 Assianment and Performance Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, CONTRACTOR shall not subcontract any portion of the work required by this Contract except as authorized by Section 27 of the General Conditions. CONTRACTOR represents that all persons delivering the services required by this Contract have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Work and to provide and perform such services to CITY's satisfaction for the agreed compensation, CONTRACTOR shall perform its duties, obligations, and services under this Contract in a skillful and respectable manner. The quality of CONTRACTOR's performance and all interim and final product(s) provided to or on behalf of CITY shall be comparable to the best local and national standards. BID NO: 39-00/01 DATE: sn/Ol CITY OF MIAMI BEACH 45 6.8 Materiality and Waiver of Breach CITY and CONTRACTOR agree that each requirement, duty, and obligation set forth in these Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. CITY's failure to enforce any provision of this Contract shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. 6.9 Severance In the event a portion of this Contract is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless CITY or CONTRACTOR elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 6.10 Aoolicable Law and Venue This Contract shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Contract, CONTRACTOR and CITY hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Project CONTRACTOR, shall specifically bind all subcontractors to the provisions of this Contract 6.11 Amendments No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the Board and CONTRACTOR. 6.12 Prior Aareements This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Contract that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior BID NO: 39-00/01 DATE: 817/01 CITY OF MIAMI BEACH 46 representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with Section 6.11 above. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. ATTEST: ~t~ Robert Parcher, City Clerk CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE CORPORATION OR NONCORPORATION FORMAT, AS APPLICABLE. [If incorporated sign below.] CONTRACTOR ATTEST: ~~ . ~etary)~ By: (Corporate Seal) J (Print Name and Title) ...J1sj;dayof OrtnhPr , 20121-. [If not incorporated sign below.] CONTRACTOR WITNESSES: By: (Name of Firm) (Signature) (Print Name and Title) APPROVED AS TO _day of ,20_. NGUAGI! E (5) FULLY-EXECUTED CONTRACTS, FOR DISTRIBUTION. \\/6--0 \ - CITY OF MIAMI BEACH 47 00708. FORM CERTIFICATE OF INSURANCE A form Certificate of Insurance will be attached here, BID NO: 39-00/01 DATE: 8ntOl CITY OF MIAMI BEACH 48 10/31/2001 16:44 3055927601 WILLIAMS PAVWG CO PAGE 03 . Bond No. 964-000-840 00710. FORM OF PERFORMANCE BONO BY THIS. BOND, We WILLIAMS PAVING CO., IN . . as Principal, hereinafter called CO TRACTOR, d to the City and Liberty Mutual Insurance Company ,as Surety, Beach Florida as Qbliaee. hereinafteL called CI Nine Hundred Ninety E1ghrTliousand S1x-tlunarea Twenty Five and 87/100 Dollars ($998,625.87 ) CONTRACTOR and Surety bind themselves, their heirs, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has by written agreemen entered into a Contract, Bid/Contract No.: 39-00/01 awarded th day of ,20 01 ,with CITY which Contract Do uments are by reference incorporated herein and. made a part hereof, and specific lIy include provision for liquidated damages, and other damages identified, and for t e purposes of this Bond are hereafter referred to as the "Contract"; of Miami in the amount of r the payment whereof xecutors, administrators, THE CONDITION OF THIS BOND is that if CONTRACTOR: 1. P~t'i'SJ;QQ,twr:..,tlAAvmr&P~FlMbT~ ITY for construction of ROADWAY IMPROVEMmITS"FiWM SOUTH OF ESPANOLA WAY , the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Pays CITY all losses, liquidated damages, expenses, osts and attorney's fees including appellate proceedings, that CITY sustains s a result of default by CONTRACTOR under the Contract; and BID NO: 39-00/01 DATE: SnlOl CITY OF MlAMI BEACH 49 .-- 18/31/2881 16:44 3855927681 I')ILLIAMS PAVHlG CO F RM OF PERFORMANC ON (Continued) PAGE 84 3. Performs the guarantee of all work and materials furn' hed under the Contract for the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. Whenever CONTRACTOR shall be, and declared by ITY to be, in default under the Contract, CITY having performed CITY obligatio s thereunder, the Surety may promptly remedy the default, or shall promptly: 3.1. Complete the Project in accordance with the t rms and conditions of the Contract Documents; or 3.2. Obtain a bid or bids for completing the Proj ct in accordance with the terms and conditions of the Contract Documents, and upon determination by Surety of the lowest respo sible Bidder, or, if CITY elects, upon determination by CITY and S rety jointly of the lowest responsible BiddE!r, arrange for a contract etween such Bidder and CITY, and make available as work progre ses (even though there should be a default or a succession of defa Its under the Contract or Contracts of completion arranged under this aragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and dam ges for which the Surely . may be liable hereunder, the amount set fo h in the first paragraph hereof. The term "balance of the Contra Price," as used in this paragraph, shall mean the total amount payable by CITY to CONTRACTOR under the Contract and any mendments thereto, less the amount properly paid by CITY to CONTRA TOR. No right of action shall accrue on this bond to or for he use of any person or corporation other than CITY named herein. The Surety hereby waives notice of and agrees that an changes in or under the Contract Documents and compliance or noncomplia ce with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond, Signed and sealed this __ day of BI:D NO: 39-00101 DATE: antOl ClTY OF MIAMI BEACH 50 ,20 10/31/2001 16:44 3055327601 FORM WITNESSES: . ~~~ (CORPORATE SEAL) IN THE PRESENCE OF: BID NO: 39-00/01 DATE: SnlOl WILLIAMS PAIJWG CO PAGE 0~ RFORMAN (Continued) By: INSURANCE OMPANY: Liberty Mut al Insurance Company By: Agent a d Attorney-in-Fact Char Ie J. Nielson Address: 5979 N.W. 151st St., #105 ( treet) Miami Lakes, Florida 33014 (City/ tate/Zip Code) Telephone No. 305-822-7800 CITY O.F MIAMI BEA.CH SI .; '0 8. Ql 'C. ...,'" "Ql ~E .1! .- .. 'C:I fen <.IQl '0.2 ....g! Ql =- Q.)cu -:I .'0 c- ..'" of -..... QlO oS Cca ....... G).... ~~ t:- 0.5 EJi' ....- 2t! '0>- :=<.1 .." >l!! -I.;. 0:> Z<.I THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 933317 This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY Ml,lTUAL INSURANCE COMPANY BOSTON,MASSACHl,lSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PllESENTS:Th8t Liberty Mutuallnsul;!nce Company (the 'Company"), a Massachusetts mutual insurance company.porsuant to anciby authorilypfthe ~-Iaw andAuthorizatiQn.helein,lfter set forth, does hereby name, constitute and appoint. MAil'(C. ACEVES,<CHARLESJ, NIELSON; WAI'lREN ALTEfl.,KR1ST/MESSEL,LA\lfl.ACLYMER, ALL OF THE CITY OF MIAMI LAKES, STATE OF FLORIDA.................,.................................,...............,..............,...........................................,................................................... ................................................................................................................................................-.............................................................................................................. ...................................................................................................L................................;....-...;...............~-,;,...............;.......................................-.............................................. ........,...............................................-..-...............;................;...........................................;..,..............-..-'..'........:........-..-;.-,........................-.,;.................................................... .......................................................i...................,-..................;;............................n....'....-................~..........-...........;......._.........n...........-;,-........n............................................-... ,each individually, and if there be mOr:e_'th~ri:_p.i1e named,i~Jrue_and lawful_atforl1e:Y.in.facf-tP-h1ake;_-~~~c,ute,seal_;,-clC~~wledgeanddeHver, for and on its behalf as surety and as its act and_ d~e_c1;any and aU bonds:and-,q()n~el1~_'ofsuretyfC)rthE! release_--ol-tetaio~dparcentages and/or final estimates on engineering and construction contracts, -or.-similar authority .req9i-ted:_by-t~eDepartmetltot-TransportaUof1;?t9.te_ -of Florida, LIMITED in the amount of' HFTY MILLION AND 00/100...*u**udu..*...***....**-nOLLARS ($ 50;000,000.00*'*****'* j each, and the execution of the aforesaid bonds and consents of surety, in pursuance of these presents, shaH be as binding upon the Company as if they had been duly slgned by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executedpursuantto and by authority of-the following By-taw and Authorization: ARTICLE XVI - Execution of Contracts: Section 5. Surety Bonds.and Undertakings. Any officer or other official of the company authorized for that purpose hi writing by the chairman or the president, . and subject to SUCh limitations as the chairman or the president. may prescribe, shall appoint suchattomeys-in~fact,. as may be necessary. to act . in behalf of the company to make, execute, seal, acknowledge and deliver .as surety. any and all undertakings, bonds, recognizances .and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their'respective powers.of attorney, shall have full power to bind the company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such instruments shall be as binding as if signed by the president arid attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other officiarnamed therein to appointattorneys.in-fact: Pursuant to Article XVI, Section 5 of the By-laws, Assistant Vice President Gamet W. -Elliott is hereby. authorized to appoint such attorneys-in- fact as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and an undertakings, bonds, re<::ognizances and other surety obligations. That the By~law and the Authorization above set forth are true copies thereof and are' now in tull force arid effect. IN WITNESS WHEREOF, this instrument has been subscribed'. by its authorized officer and the corporate seal of the said Uberty Mutual Insurance Company has been affixed~~in Plymouth Meeting, Pennsylvania this ?nn day of 1IIIy "nn1 \~~ LIElERTY MUTUAL INSURANCE COMPANY By ~e:lr iI.' ~ Gamet W. Elliott, Assistant Vice President ,.:. .. 'tl <II '" Ql " Ui :> .a >- la -" mO <.II- ~ffl EE ~Q. <lil ..... 0"- ....'C Ql" ;=.. Oe D.ca ;!!o 59- ..'" 0" II GjO .c:"- _N E"I' ..N ._'" "'co ", 8~ 0'" ......:. COMMONWEALTH OF PENNSYLVANIA 55. COUNl'Y OF MONTGOMERY On this , A.D. .'. --2O.01.-,beforeme, a Notary Public, personally, eamethe individual,known to me to be the therein ~~f!lb t and Offi.c..e. r of Uberty. M. utual.lnsurance company.. who exe.c.ute.dth.e. prece.ding 'InstrOment, and he .acknowled~ ged that he execut ~ lit. .' e seal affixed to the saidpreceding instrument is the corporate Seal Qfsaid company; and that said corporate seal and his signa cribe__.. as d~t~~ffixed a_~:~:S~bscri,bed to,-the,said instr~:rnent bY::~\jt~:Clrlty~!,d_diTeCti~n of the said company. ~ER~;:-Ihir ~t se_tJllY h::Jnd;:;.1A~~^:~ ~,~l Offici~l_ml_ at Plry04th Meetj:ng,-P ,the daJ1-~~_;year first above written. * ~~'ft>1 ;>,;;;::;;'1'i-0:,'Hi\;::,,::::;:::;:::;;',:F ..... .;;: .,.".;;... . 1-'0 rvsY\..~ ...~.:--,t_~2'~~:J2E.':'"'; Fer.'_l ;J});,'.':Not.aryPuQllo_-:-:-_:-,----_--. 'l;qFN ~v... ....'......'...... ,:> C~RTIF!{;,t\p':, .:.><. .,..... I, the undersigned, .. _~~tary:of Liberty M(lWal_Insuranceqq:rnpany,. c;l()--:'h,~rebycertifY':that theorigi]"1at,-:i>ower of attorney of which' tbB foregoing is a full, true and correct copY;'!sin:full force andeff$pt(:)(l t~ed_at~oJthiScertlficaie; arni-J~o fU~,~r Cf:!,ttify-Jhat the officer who executed the said power of attorney was one of the--offlcers specially authori~d::by:thechairman or the-'president-:tt>ap.p9if1.t--C!nya,ttorney-in~fact as provided in Article XVI, Section 5 of the By-laws of Liberty-Mutual Insurance Company; This certificate may be signed by facsimile under and by authority of ,the following vote of the board of directors of libertY Mutual Insurance Company ata meeting duly called and held on the 12th day Of Marcn, 1980. VOTED that the facsimile or mechanically reproduced sign&ture of any assistant secretary of the company wherever appearing Lipon a certified copy of any power of attorney issued by the company, shall bevaiid and bindlng upon the company with the same force and effect as though. manually'. affixed. IN TESTIMONY WHEREOF. I have h~reunto subscribedrnY narneanda1~~ cor~ral. seal ot the said company. this 1~~i1:pL THIS POWER OF ATtORI'IEV MAY I'IOT BE USED TO EXECu't1; j\NYIlOI'ID wITH AN INCEPTIOI'IDA,TE AFTER "oIy ? day ot ,20 03 COLLINSWORTH, ALTER, NIELSON, FOWLER & DOWLING, INC. BOND DEPARTMENT PUBLIC WORKS BOND IN COMPLlANCE WITH FLORIDA STATUTES 255.05 (I) {al Bond No 964-000-840 Contractor Name Williams Paving Co., Inc. Contractor Address 700 I Northwest 84th Avenue, Miami, Florida 33166 Contractor Phone No. (305) 592-5650 Surety Company Liberty Mutual Insurance Company Surety Address 175 Berkeley Street, Boston, Massachusetts 02117 Surety Phone No. (800) 833-1634 Owner Name City of Miami Beach Owner Address 33139 1700 Convention Center Drive, Miami Beach, Florida Owner Phone Number (305) 673-7080 Obligee Name (If contracting entity is different from the owner, the contracting public entity) Obligee Address Obligee Phone No. Contract No..( If Applicable) Project No. 39-00/01 Project Name Plaza De Espana/Drexel Avenue to 15th Street Roadway Improvements from South of Espanola Way Project Location Same as above Legal Description and Street Address 400-500 Block of Espanola Way, Miami Beach, Florida Description of Work Sitework including paving, drainage, sewer, irrigation, pavement markings, signage and landscaping. FRONT PAGE All other bond pages(s) are deemed subsequent to this page regardless of any page number(s) that may be preprinted thereon. 18/31/2881 16:44 3855927681 WILLIAMS PAVI~IG CO PAGE 86 Bond No. 964-000-840 00720. FORM OF PAYMENT BOND BY . THIS BOND, We WIUIAHS PAVING CO.. I C. , as Principal. hereinafter called CO TRACTOR, and Liberty Mutual Insurance Company , as Surety, are bo nd to the City of Miami ~r~;'1tunf~~~<Wine~; EaR~gTR6us~rt!eiffitt~[md~Ked CI , in the amount of Twenty Five and 87/100 Dollars ($ 998.625. 7 for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has by written agreeme t entered into a Contract, Bid/Contract No.: 39-00/01 awarded t day of , 20 , with CITY which Contract D clJments are by reference incorporated herein and made a part hereof, and specifi lIy include provision for liquidated damages, and other damages identified, and for t e purposes of this Bond are hereafter referred to as the "Contract"; PLAZA DE ESPANOLA/DREXEL AVENUE TO 15th STREET ROADW IMPROVEMENTS THE CONDITION OF THIS BOND is that if CONTRACTOR: 1. Pays CITY all losses, liquidated damages, expenses, osts and attorney's fees including appellate proceedings, that CITY sustain because of default by CONTRACTOR under the Contract; and 2. Promptly makes payments to all claimants as de ned by Florida Statute 255.05(1) for all labor, materials and supplies used directly or indirectly by CONTRACTOR in the performance of the Contract; THEN CONTRACTOR'S OBLIGATION SHALL BE 010; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SU JECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claimant, except a laborer, who is not in pri ity with CONTRACTOR and who has not received payment f(lr its lab r,' materials, or supplies shall, within' forty..five (45) days after begi ning to furnish labor, materials. or supplies for the prosecution f the work, furnish to CONTRACTOR a notice that he intends t look to the bond for protection. BID NO: 39-00/01 CITY OF MIAMI BEACH DATE: 817101 52 18/31/2881 16:44 3855327681 I~ILLIAM5 PAVIHG CO PAGE 87 FORM OF PAYMENT BOND 2.2. (Continued) A claimant who is not in privity with CaNT received payment for its labor. materials, or s (90) days after performance of the labor or aft materials or supplies, deliver to CONTRA written notice of the performance of the labor or supplies and of the nonpayment. CTOR and who has not pplies shall, within ninety r complete delivery of the OR and to the Surety, r delivery of the materials 2.3. No action for the labor, materials, or supplies may be instituted against CONTRACTOR or the Surety unless the otices stated under the preceding conditiclns (2.1) and (2.2) have bee given. , 2.4. Any action under this Bond must be institut Notice and Time Limitations provisions prescr Florida Statutes. in accordance with the ed in Section 255.05(2), The Surety hereby waives notice.of and agrees that an changes in or under the Contract Documents and compliance or noncomplia ce with any formalities connected with the Contract or the changes does not affect the Surety's obligation under this Bond. Signed and sealed this day of ,20_. (Corporate Seal) . Jose Rodrigue , President (Print Name an Inc. ATTEST: tl~*R~ Betty Jean Rodriguez By: ')..!!J. day of , 20-R-L. Bm NO: 39-00/01 DATE: snlOl CITY OF MIAMI BEACH 53 18/31/2081 16:44 3055927681 IN THE PRESENCE OF: BID NO: 39-00/01 DATE: 8/7/01 WILLIAMS PA'vIt1G CO PAGE 8S Insurance Company By: Agent d A orney-in-Fact Charle J. Nielson Address: 597 N.W. 151st St.. 11105 ( treet) Miami Lakes Florida 33014 (City/ tate/Zip Code) Telephone No, 305-822-7800 CITY OF MIAMI BEACH 54 10/31/2001 15:44 3055927501 vJILLIAMS PA'vWG CO PAGE 09 00721. CERTIFICATE AS TO CORPORATE PRINCIPAL I, Betty Jean Rodriguez certify that I am the Secretary of the corporation named as Principal in the fo egoing Performance and Payment Bond (Performance Bond and P yment Bond); that Jose Rodriguez , who signed the Bond(s) on b half of the Principal, was then President of said corporation; that I know his/ er signature; and his/her signature thereto is genuine; and that said Bond(s) was (wer ) duly signed, sealed and attested to on behalf of said corporation by authority of its gov rning body. Secretary beh(jlf of) ~/ Betty Sean Rodr~guez V cr Williams Paving Co., Inc. Corporation (SEAL) STATE OF FLORIDA ) ) SS COUNTY OF MIAMI-DADE ) Before me, a Notary Public duly commissioned, qualifi appeared Charles J. Nielson t being by me first duly sworn upon oath says that he/she has b the foregoing Performance and Payment Bond (Performance on behalf of CONTRACTOR named therein in favor of CITY. d and acting personally, me well known, who en authorized to execute ond and Payment Bond) v=ed and Swom to ,20~. day of My c?mmission expires: March 7, 2003 Bonded 1"':' '~ Gtoria McClure *Jll*My Commission CC815052 '\;.~ Expires Man:h 7,2003 byUnited Pacific Insurance Company BID NO: 39-00/01 DATE: 817101 CITY OF MIAMI BEACH 55 .,.;- .;;; 8- II> 'C. .'! ~ "1: .e.. _.'- :O.'~ 2:!tn UII> 0.2 ~~ II> =- .!!!1l .'C c- ~e -:.... II> .0 oS C",CO ...... ((),..;i l6'e! 01.. t:~ ~.'-. ~! -~ 'C>- =u ..e >., -~ O~ z~ THIS P,oWER OF ATTORNEY IS NOT VAllO UNLESS IT IS PRINTED ON RED BACKGROUND. 933318 This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAl.. INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATtORNEY KNOW ALL PERSONS BY THESE PRESENTS: ThaI liberty Mutual Insurance ComParty(the"Cornpany"j, a Massachusetts mutual insurance companY,Pursuant to and by authorttyolthe Ely,law and Authorizelion>hereinal1er set forth. does hereby name. constitute and appoint. MARYC.ACEVES,CHARlES~.t!lElSON, WARREN AlTER,KRISTLM~S$El,LAtJRAClYMER, ALL OF THE CITY OF MIAMI LAKES, STATE OF FlORIOA.................................................................................................................................................................................. .......................................................................-.................................................................................................................................;...................................................... ............n.. .... ............... ....... ..... n. ....... .......... n... .......... .........;... .... '-;" ..:....,........ ..;.... ....... ...... -'.0;' ~""",,'. ..... .j_..... .... ;..... ........ ...._... ,"";. '.' ........ ....... ..... ....;..........-;..... ..... ...... .;.... .......... ........ ....;.. ........................................................................d....................;.-.'...............:................~..............,;..-;.....,.....;..........__.......;............;..~......-...;..................................;......;.. .............................................................................;..................................................;...-...;......;.........................-..~.-...;.......n....-.....-n.-h.;................................................ .each individually, and if there be morethtin:_ime named,its--frrie_and lawfuJ:_ati.orhey.in~fQ~t:-t9 make/$){~cute, seal~~CI<~Ytfledgeand deliver.ror and on its behalf as surety and as its act and__q~ecJ;__any and all bonds_l:i~_cl::m~ent~:ofsuretyfort~ rele~!>e--oLt~ain~d?6)r.centages and/arfinal estimates on engineering and construction contracts;or.-- similar authority required .liY- the Departmetl-l:ot Transportatiof),:_ ?-t~te_ Of Florida, LIMITED in the amount of FIFTY MILLION AND. 00/1 OO**"."'Ult"'..*"h.***""'....h.'" '-DOLLARS ($ 50;000,000.00**.*'11"" .) each, and the exeCution of the. aforesaid bonds and consents of surety, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company.in their own proper persons. Thatthis power is made and,executed'pursuantt6 and by authority olthe fbtlowingBy-law and Authorization: ARTICLE XVI - Execution' of Contracts: Section 5. Surety Bonds,and Undertakings. Any officer or other official of the company authorized for that purpose in writing by the cha'irma.n or the president, arid subject to such limitations as the chairman or the president may prescribe, shall appoint suchattorneys~in-fact, as maybe necessary to act in behalf of the company to make. execute, seal, acknowledge and deliver as surety any and all. undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary, By the following instrument the chairman or the president has authorized the officer or other. official named therein to appoint attorneys.in-fact: Pursuant to Article XVI, Section 5 of the By~laws, Assistant Vice President Garnet W. Elliott is hereby authorized to appoirit such attorneys-in. fact as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By~law and the Authorization above set forth are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this instrument has been subscribed'by' its authorized officer and the Corporate seal of the said Uberty Mutual Insurance Company has been affixed~n Plymouth Meeting, Pennsylvania this ?nrl day of .!llly :mn1 0/'" '0-\',.; I~r H'1C 1)1 ~~; LIBERTY MUTUAL ~NSURANCE COMPANY By ~e:J- ~.- ~ Gamet W. Elliott, Assistant Vice President ,;. .. 'C III III ., e .;;; " .e >- la _e -0 ~1- >-In .,W Ee ~Q. CC:; ..... .. O~ ~'C ~la .fe .. .!!O .cO -.. ....en Oe II .,0 .c~ _N e"!' ~N ._'" -CO e, 8;! ~:! GOMMOI'olWE'AlTH OF PENNSYLVANIA ss. COUNTY OF MONTGOMERY " AD. . --2QD.1., before me, a Notary Public; personally came the individual, known to I and officer of Uberty Mutual Insurance Company who executed the preceding instrument, and he aCknowled. e seala~ixed to thesaidprsceding instrumenl_i~:.the corp()rc:H-E!Se~LQ'- said company; and that said corporate seal and hIS signa f? cribs..,-..;. tfJ as dUIY:_:<.lffixed ~_n~subsl:1ibedt~thesaid instrlJ~entbya:uthorfty,~tld~lreCtion of the said company. ~ :R~,~t ; s~twvi;;;J;~~~0:]G;.~;~};10e~li~at PIY010ulh Me~ing.P . the dayano year first above written ~O)'4':L~VViib""~'2'C'-S'2"-t~~Tj~:t~TE' NOlaryPU,"IC/ .... I, the undersigned, '. . _~retaryof .LibertyMiltUaJ__lnsurance Qi:){llpany, d{)'-h~reby ceftifythat .theorigl~at-:power,ofattorn~y Of. Which the foregoing is a fu1\, true and correct COPy,!-s_Jn full force and_e~to~ tl1_e (jate'9f this certffi9p1:e; anpJ-'d9_ furth~r.c~rtify,:that the .Qfficer who executed the said power of attorney was one of the---9fficers specially autho_rizedbYJhecl-1airman orthepresidenl-tO_BppoiJ1tcmy:attorney..in-factas provided in Article XVI, Section 5 of the By-laws of Liberty-Mutual'lnsurance Company;_ This certificate may be signed by facsimile under and by authority ofth~fol1owing vote of the board of directors of Liberty Mutusllnsurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of theCOli1panyw~rever,appearing upon a certified copy of any power of attorney issued by the company, shall t16 valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribedmynameal1da~~~~,corp()/'ateseal:ofthesaid company,this day of . . .. > 1!~i'O/-p.f/.L- ~/~1W,__~ecr~tary . . . THIS POWER OF AnORIIEY MAY 1101 BE USE!) TO EXECUTE ANy SCl\'ID WITH AN IIlCEPTIOII DATE AFTER ""IV 2 , 20.dl3--. 00735. PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT: Date of Issue Issuing Bank's No. Beneficiarv: ADDlicant: City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Amount: in United States Funds Expiry: (Date) Bid/Contract Number We hereby authorize you to draw on (Bank, Issuer name) at by order (branch address) of and for the account of (contractor, applicant, customer) up to an aggregate amount, in United States Funds, of by your drafts at sight, accompanied by: available 1. A signed statement from the City Manager or his authorized designee, that the drawing is due to default in performance of certain obligations on the part (contractor, applicant, customer) agreed upon by and between the City of Miami Beach, Florida and (contractor), pursuant to the (applicant, customer) Bid/Contract No. for (name of project) and Section 255.05, Florida Statutes. Drafts must be drawn and negotiated not later than (expiration date) BID NO: 39-00/01 DATE: sn/Ol CITY OF MIAMI BEACH 56 Drafts must bear the clause: "Drawn under Letter of Credit No. (Number), of (Bank name) dated This Letter of Credit shall be renewed for successive periods of one (1) year each unless we provide the City of Miami Beach with written notice of our intent to terminate the credit herein extended, which notice must be provided at least thirty (30) days prior to the expiration date of the original term hereof or any renewed one (1) year term. Notification to the CITY that this Letter of Credit will expire prior to performance of the contractor's obligations will be deemed a default. This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not in any way be modified, or amplified by reference to any documents, instrument, or agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this credit that such drafts will be duly honored upon presentation to the drawee. Obligations under this Letter of Credit shall be released one (1) year after the Final Completion of the Project by the (contractor, applicant, customer) This Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict between the law of another state or country and Florida law should arise, Florida law shall prevail. Authorized Signature BID NO: 39-00/01 DATE: 8ntOl CITY OF MIAMI BEACH 57 00800. GENERAL CONDITIONS: 1. Proiect Manual: 1.1. The Project Manual includes any general or special Contract conditions or specifications attached hereto. 1.2. The Project Manual, along with all documents that make up and constitute the Contract Documents, shall be followed in strict accordance as to work, performance, material, and dimensions except when CONSULTANT may authorize, in writing, an exception. 1.3. Dimensions given in figures are to hold preference over scaled measurements from the drawings; however, all discrepancies shall be resolved by CONSULTANT. CONTRACTOR shall not proceed when in doubt as to any dimension or measurement, but shall seek clarification from CONSULTANT. 1.4. CONTRACTOR shall be furnished three (3) copies, free of charge, of the Project Manual; two of which shall be preserved and always kept accessible to CONSULTANT and CONSULTANTs authorized representatives. Additional copies of the Project Manual may be obtained from CITY at the cost of reproduction. 2. Intention of CITY: It is the intent of CITY to describe in the Contract Documents a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents and in accordance with all codes and regulations governing construction of the Project. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shali be supplied by CONTRACTOR whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals, or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be speCific or by implication, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of opening of bids and CONTRACTOR shall comply therewith. CITY shall have no duties other than those duties and obligations expressly set forth within the Contract Documents. BID NO: 39-00/01 DATE: 817/01 CITY OF MIAMI BEACH 58 3. Preliminarv Matters: 3.1. Within five (5) calendar days prior to the pre-construction meeting described in Section 3.2, CONTRACTOR shall submit to CONSULTANT for CONSULTANTs review and acceptance: 3.1.1. A progress schedule in the indicated form: [ ] Bar Chart [ ] Modified CPM [X] CPM [ ] Computerized CPM (CPM shall be interpreted to be generally as outlined in the Association of General Contractors (AGC) publication, "The Use of CPM in Construction.") The progress schedule shall indicate the start and completion dates of the various stages of the Work and shall show an activity network for the planning and execution of the Work. Included with the progress schedule shall be a narrative description of the progress schedule. The progress schedule must be updated monthly by CONTRACTOR, submitted as part of each Application for Payment and shall be acceptable to CONSULTANT. 3.1.2. A preliminary schedule of Shop Drawing submissions; and 3.1.3. In a lump sum contract or in a contract which includes lump sum bid items of Work, a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of work which will be confirmed in writing by CONTRACTOR at the time of submission. [X] Such prices shall be broken down to show labor, equipment, materials and overhead and profit. 3,1.4. After award but prior to the submission of the progress schedule, CONSULTANT, Contract Administrator and CONTRACTOR shall meet with all utility owners and secure from them a schedule of BID NO: 39-00/01 DATE: sn/Ol CITY OF MIAMI BEACH 59 utility relocation, provided, however, neither CONSULTANT nor CITY shall be responsible for the nonperformance by the utility owners. 3.2. At a time specified by CONSULTANT but before CONTRACTOR starts the work at the Project site, a conference attended by CONTRACTOR, CONSULTANT and others as deemed appropriate by Contract Administrator, will be held to discuss the schedules referred to in Section 3.1, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. 3.3. Within thirty-five (35) days from the Project Initiation Date set forth in the Notice to Proceed, a conference attended by CONTRACTOR, CONSULTANT and others, as appropriate, will be held to finalize the schedules submitted in accordance with Section 3.1. Within forty-five (45) days after the Project Initiation Date set forth in the Notice to Proceed, the CONTRACTOR shall revise the original schedule submittal to address all review comments from the CPM review conference and resubmit for CONSULTANT review. The finalized progress schedule will be accepted by CONSULTANT only as providing an orderly progression of the Work to completion within the Contract Time, but such acceptance shall not constitute acceptance by CITY or CONSULTANT of the means or methods of construction or of the sequencing or scheduling of the Work, and such acceptance will neither impose on CONSULTANT or CITY responsibility for the progress or scheduling of the Work nor relieve CONTRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions must be acceptable to CONSULTANT as providing a workable arrangement for processing the submissions. The finalized schedule of values pursuant to Section 3.1.3 above must be acceptable to CONSULTANT as to form and substance. 4. Performance Bond and Payment Bond: Within fifteen (15) calendar days of being notified of the award, CONTRACTOR shall furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached hereto as forms 00710 and 00720. BID NO: 39-00/01 DATE: 8ntOl CITY OF MIAMI BEACH 60 4.1. Each Bond shall be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to CITY the completion and performance of the work covered in such Contract as well as full payment of all suppliers, laborers, or subcontractors employed pursuant to this Project. Each Bond shall be with a surety company which is qualified pursuant to Article 5. 4.2. Each Bond shall continue in effect for one year after Final Completion and acceptance of the work with liability equal to one hundred percent (100%) of the Contract sum, or an additional bond shall be conditioned that CONTRACTOR will, upon notification by CITY, correct any defective or faulty work or materials which appear within one year after Final Completion of the Contract. 4.3. Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as may be amended from time to time, CONTRACTOR shall ensure that the bond(s) referenced above shall be recorded in the public records of Miami-Dade County and provide CITY with evidence of such recording. 4.4. Alternate Form of Security: In lieu of a Performance Bond and a Payment Bond, CONTRACTOR may furnish alternate forms of security which may be in the form of cash, money order, certified check, cashier's check or unconditional letter of credit in the form attached hereto as Form 00735, Such alternate forms of security shall be subject to the prior approval of CITY and for same purpose and shall be subject to the same conditions as those applicable above and shall be held by CITY for one year after completion and acceptance of the Work. 5. Qualification of Surety: 5.1. Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred Thousand Dollars ($500,000.00): 5.1.1. Each bond must be executed by a surety company of recognized standing, authorized to do business in the State of Florida as surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. 5.1.2. The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with United States Department of Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the surety BID NO: 39-00/01 DATE: 8ntOl CITY OF MIAMI BEACH 61 company shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the surety company shall provide CITY with evidence satisfactory to CITY, that such excess risk has been protected in an acceptable manner. 5.1.3. The CITY will accept a surety bond from a company with a rating of B+ or better for bonds up to $2 million, provided, however, that if any surety company appears on the watch list that is published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the CITY shall review and either accept or reject the surety company based on the financial information available to the CITY. A surety company that is rejected by the CITY may be substituted by the Bidder or proposer with a surety company acceptable to the CITY, only if the bid amount does not increase. The following sets forth, in general, the acceptable parameters for bonds: Policy- Financial holder's Size Amount of Bond Ratinas Cateaorv 500,001 to 1,000,000 B+ Class I 1,000,001 to 2,000,000 B+ Class II 2,000,001 to 5,000,000 A Class III 5,000,001 to 10,000,000 A Class IV 10,000,001 to 25,000,000 A Class V 25,000,001 to 50,000,000 A Class VI 50,000,001 or more A Class VII 5.2. For projects of $500,000.00 or less, CITY may accept a Bid Bond, Performance Bond and Payment Bond from a surety company which has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued, if the surety company is otherwise in compliance with the provisions of the Florida Insurance Code, and if the surety company holds a currently valid certificate of authority issued by the United States Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States Code, as may be amended from time to time. The Certificate and Affidavit so certifying (Form 00722) should be submitted with the Bid Bond and also with the Performance Bond and Payment Bond. BID NO: 39-00/01 DATE: sn/Ol CITY OF MIAMI BEACH 61 5.3. More stringent requirements of any grantor agency are set forth within the Supplemental Conditions. If there are no more stringent requirements, the provisions of this section shall apply. 6. Indemnification: 6.1 CONTRACTOR shall indemnify and hold harmless CITY, its officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of CONTRACTOR and persons employed or utilized by CONTRACTOR in the performance of this Agreement. Except as specifically provided herein, this Agreement does not require CONTRACTOR to indemnify CITY, its employees, officers, directors, or agents from any liability, damage, loss, claim, action, or proceeding. These indemnifications shall survive the term of this Agreement. In the event that any action or proceeding is brought against CITY by reason of any such claim or demand, CONTRACTOR shall, upon written notice from CITY, resist and defend such action or proceeding by counsel satisfactory to CITY. 6.2 The indemnification provided above shall obligate CONTRACTOR to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at CITY's option, any and all claims of liability and all suits and actions of every name and description covered by Section 6.1 above which may be brought against CITY whether performed by CONTRACTOR, or persons employed or utilized by CONTRACTOR. 7. Insurance Reauirements: 7.1. Without limiting any of the other obligations or liabilities of CONTRACTOR, CONTRACTOR shall provide, pay for, and maintain in force until all of its work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverages set forth herein. 7.1.1. Workers' Compensation insurance to apply fQr all emplo_yees in compliance with the 'Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) must include: BID NO: 39-00/01 DATE: 8ntOl CITY OF MIAMI BEACH 63 BID NO: 39-00/01 DATE: sn/Ol 7.1,1.1. Employers' Liability with a limit of (Included with Workers Comp.) _> each accident. 7.1.1.2. If any operations are to be undertaken on or about navigable waters, coverage must be included for the U.S. Longshoremen & Harbor Workers Act and Jones Act. 7.1.2. Comprehensive General Liability with minimum limits of _ per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: ",,111(-], .,~lIUt tJl,~I;I;'J\!l'll 'l'! [ X] 7.1,2.1. Premises and/or Operations. [ X] 7.1.2.2. Independent Contractors. [ X] 7.1.2.3. Products and/or Completed Operations for contracts over Fifty Thousand Dollars ($50,000.00) CONTRACTOR shall maintain in force until at least three years after completion of all work required under the Contract, coverage for Products and Completed Operations, including Broad Form Property Damage. [ X] 7.1.2.4. Explosion, Collapse and Underground Coverages. [ X] 7,1.2.5. Broad Form Property Damage. [ X] 7.1.2.6. Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. [ ] 7.1.2.7. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. [ X] 7.1.2.8. CITY is to be expressly included as an Additional Insured with respect to liability arising out of operations performed for CITY by or on behalf of CONTRACTOR or acts or omissions of CONTRACTOR in connection with general supervision of such operation. CITY OF MIAMI BEACH 64 7.1.3. Business Automobile Liability with minimum limits of per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: 7.1.3.1. Owned Vehicles. 7.1,3.2. 7.1.3.3. Hired and Non-Owned Vehicles. Employers' Non-Ownership. (Not Applicable to this bid) [] 7.1.4. Builder's Risk insurance for the construction of and/or addition to aboveground buildings or structures islis not required. The coverage shall be "All Risk" coverage for 100 percent of the completed value, covering CITY as a named insured, with a deductible of not more than Five Thousand Dollars ($5,000.00) each claim. 7.1.4.1. Waiver of Occupancy Clause or Warranty-Policy must be specifically endorsed to eliminate any "Occupancy Clause" or similar warranty or representation that the building(s), addition(s) or structure(s) in the course of construction shall not be occupied without specific endorsement of the policy. The Policy must be endorsed to provide that the Builder's Risk coverage will continue to apply until final acceptance of the building(s), addition(s) or structure(s) by CITY. [ ] 7.1.4.2. Flood Insurance-When the buildings or structures are located within an identified special flood hazard area, flood insurance must be afforded for the lesser of the total insurable value of such buildings or structures, or, the maximum amount of flood insurance coverage available under the National Flood Program. [] 7.1.5. Installation Floater for the installation of machinery and/or equipment into an existing structure islis not required. The coverage shall be "All Risk" coverage including installation and transit for 100 percent of the "installed replacement cost value," covering CITY as a named insured, with a deductible of not more than Five Thousand Dollars ($5,000.00) each claim. BID NO: 39-00/01 DATE: sn/Ol CITY OF MIAMI BEACH 65 7.1.5.1. Cessation of Insurance-Coverage is not to cease and is to remain in force (subject to cancellation notice) until final acceptance by CITY. 7.1.5.2. Flood Insurance-When the machinery or equipment is located within an identified special flood hazard area, flood insurance must be afforded for the lesser of the total insurable value of such buildings or structure, or, the maximum amount of flood insurance coverage available under the National Flood Program. 7.2. If the initial insurance expires prior to the completion of the work, renewal copies of policies shall be furnished at least thirty (30) days prior to the date oftheir expiration. 7.3. Notice of Cancellation and/or Restriction-The policy(ies) must be endorsed to provide CITY with at least thirty (30) days notice of cancellation and/or restriction. 7.4. CONTRACTOR shall furnish to the City's Risk Manager Certificates of Insurance or endorsements evidencing the insurance coverage specified above within fifteen (15) calendar days after notification of award of the Contract. The required Certificates of Insurance shall name the types of policies provided, refer specifically to this Contract, and state that such insurance is as required by this Contract. The Certificate of Insurance shall be in form similar to and contain the information set forth in Form 00708. 7.5. The official title of the Owner is the City of Miami Beach, Florida. This official title shall be used in all insurance documentation. 8. Labor and Materials: 8.1. Unless otherwise provided herein, CONTRACTOR shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 8.2. CONTRACTOR shall at all times enforce strict discipline and good order among its employees and subcontractors at the Project site and shall not employ on the Project any unfit person or anyone not skilled in the work to which they are assigned. BID NO: 39-00/01 DATE: 8ntOl CITY OF MIAMI BEACH 66 9. Rovalties and Patents: All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article, material, arrangement, appliance, or method that may be used upon or in any manner be connected with the construction of the Work or appurtenances, are hereby included in the prices stipulated in this Contract for said work. 10. Weather: Extensions to the Contract Time for delays caused by the effects of inclement weather shall be submitted as a request for a change in the Contract Time pursuant to Article 40. These time extensions are justified only when rains or other inclement weather conditions or related adverse soil conditions prevent CONTRACTOR from productively performing controlling items of work identified on the accepted schedule or updates resulting in: (1) CONTRACTOR being unable to work at least fifty percent (50%) of the normal workday on controlling items of work identified on the accepted schedule or updates due to adverse weather conditions; or (2) CONTRACTOR must make major repairs to the Work damaged by weather. Providing the damage was not attributable to a failure to perform or neglect by CONTRACTOR, and providing that CONTRACTOR was unable to work at least fifty percent (50%) of the normal workday on controlling items of work identified on the accepted schedule or updates. 11. Permits. Licenses and ImDact Fees: 11.1. Except as otherwise provided within the Supplemental Conditions, all permits and licenses required by federal, state or local laws, rules and regulations necessary for the prosecution of the Work undertaken by CONTRACTOR pursuant to this Contract shall be secured and paid for by CONTRACTOR. It is CONTRACTOR's responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the Work to be performed and valid for the jurisdiction in which the Work is to be performed for all persons working on the Project for whom a Certificate of Competency is required. 11.2. Impact fees levied by the City and/or Miami-Dade County shall be paid by CONTRACTOR. CONTRACTOR shall be reimbursed only for the actual amount of the impact fee levied by the municipality as evidenced by an invoice or other acceptable documentation issued by the municipality. Reimbursement to CONTRACTOR in no event shall include profit or overhead of CONTRACTOR. BID NO: 39-00/01 DATE: 8ntOl CITY OF MIAMI BEACH 67 12. Resolution of DisDutes: 12.1 To prevent all disputes and litigation, it is agreed by the parties hereto that CONSULTANT shall decide all questions, claims, difficulties and disputes of whatever nature which may arise relative to the technical interpretation of the Contract Documents and fulfillment of this Contract as to the character, quality, amount and value of any work done and materials furnished, or proposed to be done or furnished under or, by reason of, the Contract Documents and CONSULTANTs estimates and decisions upon all claims, questions, difficulties and disputes shall be final and binding to the extent provided in Section 12.2. Any claim, question, difficulty or dispute which cannot be resolved by mutual agreement of CITY and CONTRACTOR shall be submitted to CONSULTANT in writing within twenty-one (21) calendar days. Unless a different period of time is set forth herein, CONSULTANT shall notify CITY and CONTRACTOR in writing of CONSULTANTs decision within twenty-one (21) calendar days from the date of the submission of the claim, question, difficulty or dispute, unless CONSULTANT requires additional time to gather information or allow the parties to provide additional information. All nontechnical administrative disputes shall be determined by the Contract Administrator pursuant to the time periods provided herein, During the pendency of any dispute and after a determination thereof, CONTRACTOR, CONSULTANT and CITY shall act in good faith to mitigate any potential damages including utilization of construction schedule changes and alternate means of construction. 12.2 In the event the determination of a dispute under this Article is unacceptable to either party hereto, the party objecting to the determination must notify the other party in writing within ten (10) days of receipt of the written determination. The notice must state the basis of the objection and must be accompanied by a statement that any Contract Price adjustment claimed is the entire adjustment to which the objecting party has reason to believe it is entitled to as a result of the determination. Within sixty (60) days after Final Completion of the Work, the parties shall participate in mediation to address all objections to any determinations hereunder and to attempt to prevent litigation. The mediator shall be mutually agreed upon by the parties. Should any objection not be resolved in mediation, the parties retain all their legal rights and remedies provided under State law, A party objecting to a determination specifically waives all of its rights provided hereunder, including its rights and remedies under State law, if said party fails to comply in strict accordance with the requirements of this Article. 13. InsDection of Work: BID NO: 39-00/01 DATE: sn/Ol CITY OF MIAMI BEACH 68 13.1. CONSULTANT and CITY shall at all times have access to the Work, and CONTRACTOR shall provide proper facilities for such access and for inspecting, measuring and testing. 13.1.1. 13.1.2. Should the Contract Documents, CONSULTANT's instructions, any laws, ordinances, or any public authority require any of the Work to be specially tested or approved, CONTRACTOR shall give CONSULTANT timely notice of readiness of the Work for testing. If the testing or approval is to be made by an authority other than CITY, timely notice shall be given of the date fixed for such testing. Testing shall be made promptly, and, where practicable, at the source of supply. If any of the Work should be covered up without approval or consent of CONSULTANT, it must, if required by CONSULTANT, be uncovered for examination and properly restored at CONTRACTOR's expense. Reexamination of any of the Work may be ordered by CONSULTANT with prior written approval by the Contract Administrator, and if so ordered, the Work must be uncovered by CONTRACTOR. If such Work is found to be in accordance with the Contract Documents, CITY shall pay the cost of reexamination and replacement by means of a Change Order. If such Work is not in accordance with the Contract Documents, CONTRACTOR shall pay such cost. 13.2. Inspectors shall have no authority to permit deviations from, nor to relax any of the provisions of, the Contract Documents nor to delay the Contract by failure to inspect the materials and work with reasonable promptness without the written permission or instruction of CONSULTANT, 13.3. The payment of any compensation, whatever may be its character or form, or the giving of any gratuity or the granting of any favor by CONTRACTOR to any inspector, directly or indirectly, is strictly prohibited, and any such act on the part of CONTRACTOR will constitute a breach of this Contract. 14. SuDerintendence and SuDervision: 14.1. The orders of CITY are to be given through CONSULTANT, which instructions are to be strictly and promptly followed in every case. CONTRACTOR shall keep on the Project during its progress, a full-time competent English speaking superintendent and any necessary assistants, all satisfactory to CONSULTANT. The superintendent shall not be changed except with the written consent of CONSULTANT, unless the BID NO: 39-00/01 DATE: sn/Ol CITY OF MIAMI BEACH 69 superintendent proves to be unsatisfactory to CONTRACTOR and ceases to be in its employ. The superintendent shall represent CONTRACTOR and all directions given to the superintendent shall be as binding as if given to CONTRACTOR and will be confirmed in writing by CONSULTANT upon the written request of CONTRACTOR. CONTRACTOR shall give efficient supervision to the Work, using its best skill and attention. 14.2. Daily, CONTRACTOR's superintendent shall record, at a minimum, the following information in a bound log: the day; date; weather conditions and how any weather condition affected progress of the Work; time of commencement of work for the day; the work being performed; materials, labor, personnel, equipment and subcontractors at the Project site; visitors to the Project site, including representatives of , CONSULTANT, regulatory representatives; any special or unusual conditions or occurrences encountered; and the time of termination of work for the day. All information shall be recorded in the daily log in ink. The daily log shall be kept on the Project site and shall be available at all times for inspection and copying by CITY and CONSULTANT. 14.3. The Contract Administrator, CONTRACTOR and CONSULTANT shall meet at least weekly or as determined by the Contract Administrator, during the course of the Work to review and agree upon the work performed to date and to establish the controlling items of work for the next two weeks. The CONSULTANT shall publish, keep, and distribute minutes and any comments thereto of each such meeting. 14.4. If CONTRACTOR, in the course of prosecuting the Work, finds any discrepancy between the Contract Documents and the physical conditions of the locality, or any errors, omissions, or discrepancies in the Project Manual, it shall be CONTRACTOR's duty to immediately inform CONSULTANT, in writing, and CONSULTANT will promptly review the same. Any work done after such discovery, until authorized, will be done at CONTRACTOR's sole risk, 14.5. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. BID NO: 39-00/01 DATE: SntOl CITY OF MIAMI BEACH 70 15. CITY's Riaht to Terminate Contract: 15.1. If CONTRACTOR fails to begin the Work within fifteen (15) calendar days after the Project Initiation Date, or fails to perform the Work with sufficient workers and equipment or with sufficient materials to insure the prompt completion of the Work, or shall perform the Work unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work pursuant to the accepted schedule or if CONTRACTOR shall fail to perform any material term set forth in the Contract Documents or if CONTRACTOR shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, 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, Contract Administrator may give notice in writing to CONTRACTOR and its Surety of such delay, neglect or default, specifying the same. If CONTRACTOR, within a period of five (5) calendar days after such notice, shall not proceed in accordance therewith, then CITY may upon written certificate from CONSULTANT of the fact of such delay, neglect or default and CONTRACTOR's failure to comply with such notice, terminate the services of CONTRACTOR, exclude CONTRACTOR from the Project site and take the prosecution of the Work out of the hands of CONTRACTOR, and appropriate or use any or all materials and equipment on the Project site as may be suitable and acceptable. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Project is completed. In addition CITY may enter into an agreement for the completion of the Project according to the terms and provisions of the Contract Documents, or use such other methods as in CITY's sole opinion shall be required for the completion of the Project according to the terms and provisions of the Contract Documents, or use such other methods as in CITY's sole opinion shall be required for the completion of the Project in an acceptable manner. All damages, costs and charges incurred by CITY, together with the costs of completing the Project, shall be deducted from any monies due or which may become due to CONTRACTOR. In case the damages and expenses so incurred by CITY shall exceed the unpaid balance, then CONTRACTOR shall be liable and shall pay to CITY the amount of said excess. , 15.2. If after notice of termination of CONTRACTOR's right to proceed, it is determined for any reason that CONTRACTOR was not in default, the rights and obligations of CITY and CONTRACTOR shall be the same as if the notice of termination had been issued pursuant to the Termination for Convenience clause as set forth in Section 15.3 below. 15.3. This Contract may be terminated for convenience in writing by CITY upon ten (10) days written notice to CONTRACTOR (delivered by certified mail, BID NO: 39-00/01 DATE: sn/Ol CITY OF MIAMI BEACH 71 return receipt requested) of intent to terminate and the date on which such termination becomes effective. In such case, CONTRACTOR shall be paid for all work executed and expenses incurred prior to termination in addition to termination settlement costs reasonably incurred by CONTRACTOR relating to commitments which had become firm prior to the termination. Payment shall include reasonable profit for work/services satisfactorily performed. No payment shall be made for profit for work/services which have not been performed. 15.4, Upon receipt of Notice of Termination pursuant to Sections 15.1 or 15.3 above, CONTRACTOR shall promptly discontinue all affected work unless the Notice of Termination directs otherwise and deliver or otherwise make available to CITY all data, drawings, specifications, reports, estimates, summaries and such other information as may have been required by the Contract Documents whether completed or in process. 16. CONTRACTOR's Riaht to StoD Work or Terminate Contract: Should CONSULTANT fail to review and approve or state in writing reasons for nonapproval of any Application for Payment within twenty (20) days after it is presented, or if CITY fails either to pay CONTRACTOR within thirty (30) days after presentation by CONSULTANT of any sum certified by CONSULTANT, or to notify CONTRACTOR and CONSULTANT in writing of any objection to the Application for Payment, then CONTRACTOR may, give written notice to CITY and CONSULTANT of such delay, neglect or default, specifying the same, If CITY or CONSULTANT (where applicable), within a period of ten (10) calendar days after such notice shall not remedy the delay, neglect, or default upon which the notice is based, then CONTRACTOR may stop work or terminate this Contract and recover from CITY payment for all work executed and reasonable expenses sustained therein plus reasonable termination expenses. Any objection made by CITY to an Application for Payment shall be submitted to CONSULTANT in accordance with the provisions of Article 12 hereof. 17. Assianment: Neither party hereto shall assign the Contract or any subcontract in whole or in part without the written consent of the other, nor shall CONTRACTOR assign any monies due or to become due to it hereunder, without the previous written consent of the Mayor and CitY Commission. 18. Riahts of Various Interests: Whenever work being done by CITY's forces or by other contractors is contiguous to or within the limits of work covered by this Contract, the respective rights of the various interests involved shall ba established by the Contract BID NO: 39-00/01 DATE: sn/Ol CITY OF MIAMI BEACH 72 Administrator to secure the completion of the various portions of the work in general harmony. 19. Differina Site Conditions: In the event that during the course of the Work CONTRACTOR encounters subsurface or concealed conditions at the Project site which differ materially from those shown on the Contract Documents and from those ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents; or unknown physical conditions of the Project site, of an unusual nature, which differ materially from that ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents, CONTRACTOR, without disturbing the conditions and before performing any work affected by such conditions, shall, within twenty-four (24) hours of their discovery, notify CITY and CONSULTANT in writing of the existence of the aforesaid conditions. CONSULTANT and CITY shall, within two (2) business days after receipt of CONTRACTOR's written notice, investigate the site conditions identified by CONTRACTOR. If, in the sole opinion of CONSULTANT, the conditions do materially so differ and cause an increase or decrease in CONTRACTOR's cost of, or the time required for, the performance of any part of the Work, whether or not charged as a result of the conditions, CONSULTANT shall recommend an equitable adjustment to the Contract Price, or the Contract Time, or both. If CITY and CONTRACTOR cannot agree on an adjustment in the Contract Price or Contract Time, the adjustment shall be referred to CONSULTANT for determination in accordance with the provisions of Article 12. Should CONSULTANT determine that the conditions of the Project site are not so materially different to justify a change in the terms of the Contract, CONSULTANT shall so notify CITY and CONTRACTOR in writing, stating the reasons, and such determination shall be final and binding upon the parties hereto. No request by CONTRACTOR for an equitable adjustment to the Contract under this provision shall be allowed unless CONTRACTOR has given written notice in strict accordance with the provisions of this Article. No request for an equitable adjustment or change to the Contract Price or Contract Time for differing site conditions shall be allowed if made after the date certified by CONSULTANT as the date of substantial completion. 20. Plans and Workina Drawinas: CITY, through CONSULTANT, shall have the right to modify the details of the plans and specifications, to supplement the plans and specifications with additional plans, drawings or additional information as the Work proceeds, all of which shall be considered as part of the Project Manual. In case of BID NO: 39-00/01 DATE:8nlOl CITY OF MIAMI BEACH 73 disagreement between the written and graphic portions of the Project Manual, the written portion shall govern. 21. CONTRACTOR to Check Plans. Soecifications and Data: CONTRACTOR shall verify all dimensions, quantities and details shown on the plans, specifications or other data received from CONSULTANT, and shall notify CONSULTANT of all errors, omissions and discrepancies found therein within three (3) calendar days of discovery. CONTRACTOR will not be allowed to take advantage of any error, omission or discrepancy, as full instructions will be furnished by CONSULTANT. CONTRACTOR shall not be liable for damages resulting from errors, omissions or discrepancies in the Contract Documents unless CONTRACTOR recognized such error, omission or discrepancy and knowingly failed to report it to CONSULTANT. 22. CONTRACTOR's ResDonsibilitv for Damaaes and Accidents: 22.1. CONTRACTOR shall accept full responsibility for the Work against all loss or damage of whatsoever nature sustained until final acceptance by CITY, and shall promptly repair any damage done from any cause whatsoever, except as provided in Article 29. 22.2. CONTRACTOR shall be responsible for all materials, equipment and supplies pertaining to the Project. In the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed prior to final acceptance by CITY, CONTRACTOR shall replace same without cost to CITY, except as provided in Article 29. 23, Warranty: CONTRACTOR warrants to CITY that all materials and equipment furnished under this Contract will be new unless otherwise specified and that all of the Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by CONSULTANT, CONTRACTOR shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by the provisions of Article 25 herein. 24. SuDDlementarv Drawinas: 24.1. When, in the opinion of CONSULTANT, it becomes necessary to explain the Work to be done more fully, or to illustrate the Work further, or to show any changes which may be required, supplementary drawings, with specifications pertaining thereto, will be prepared by CONSULTANT. BID NO: 39-00/01 DATE: SntOl CITY OF MIAMI BEACH 74 24.2. The supplementary drawings shall be binding upon CONTRACTOR with the same force as the Project Manual. Where such supplementary drawings require either less or more than the original quantities of work, appropriate adjustments shall be made by Change Order. 25. Defective Work: 25.1. CONSULTANT shall have the authority to reject or disapprove work which CONSULTANT finds to be defective. If required by CONSULTANT, CONTRACTOR shall promptly either correct all defective work or remove such defective work and replace it with nondefective work. CONTRACTOR shall bear all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. 25.2. Should CONTRACTOR fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by CONSULTANT, CITY shall have the authority to cause the defective work to be removed or corrected, or make such repairs as may be necessary at CONTRACTOR's expense. Any expense incurred by CITY in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to CONTRACTOR, or may be charged against the Performance Bond, In the event of failure of CONTRACTOR to make all necessary repairs promptly and fully, CITY may declare CONTRACTOR in default. 25.3. If, within one (1) year after the date of substantial completion or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision of the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, CONTRACTOR, after receipt of written notice from CITY, shall promptly correct such defective or nonconforming Work within the time specified by CITY without cost to CITY, to do so. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which CONTRACTOR might have under the Contract Documents including but not limited to, Article 23 hereof and any claim regarding latent defects. 25.4. Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate CITY to final acceptance. BID NO: 39-00/01 DATE: 8ntOl CITY OF MIAMI BEACH 75 26. Taxes: CONTRACTOR shall pay all applicable sales, consumer, use and other taxes required by law. CONTRACTOR is responsible for reviewing the pertinent state statutes involving state taxes and complying with all requirements. 27. Subcontracts: 27.1. CONTRACTOR shall not employ any subcontractor against whom CITY or CONSULTANT may have a reasonable objection. CONTRACTOR shall not be required to employ any subcontractor against whom CONTRACTOR has a reasonable objection. 27.2. CONTRACTOR shall be fully responsible for all acts and omissions of its subcontractors and of persons directly or indirectly employed by its subcontractors and of persons for whose acts any of them may be liable to the same extent that CONTRACTOR is responsible for the acts and omissions of persons directly employed by it. Nothing in the Contract Documents shall create any contractual relationship between any subcontractor and CITY or any obligation on the part of CITY to payor to see the payment of any monies due any subcontractor. CITY or CONSULTANT may furnish to any subcontractor evidence of amounts paid to CONTRACTOR on account of specific work performed. 27.3. CONTRACTOR agrees to bind specifically every subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of CITY. [] 27.4. CONTRACTOR shall perform amounting to not less than Price. the Work with its own organization, percent of the Contract 28. SeDarate Contracts: 28.1. CITY reserves the right to let other contracts in connection with this Project. CONTRACTOR shall afford other persons reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate this Work with theirs. 28.2. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any other persons, CONTRACTOR shall inspect and promptly report to CONSULTANT any defects in such work that render it unsuitable for such proper execution and results. CONTRACTOR's failure to so inspect and report shall constitute an acceptance of the other person's work as fit and proper for the reception of BID NO: 39-00/01 DATE: sn/Ol CITY OF MIAMI BEACH 76 CONTRACTOR's Work, except as to defects which may develop in other contractor's work after the execution of CONTRACTOR's. 28.3, CONTRACTOR shall conduct its operations and take all reasonable steps to coordinate the prosecution of the Work so as to create no interference or impact on any other contractor on the site. Should such interference or impact occur, CONTRACTOR shall be liable to the affected contractor for the cost of such interference or impact. 28.4. To insure the proper execution of subsequent work, CONTRACTOR shall inspect the work already in place and shall at once report to CONSULTANT any discrepancy between the executed work and the requirements of the Contract Documents. 29. Use of ComDleted Portions: 29.1. CITY shall have the right at its sole option to take possession of and use any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance of any of the Work not completed in accordance with the Contract Documents. If such possession and use increases the cost of or delays the Work, CONTRACTOR shall be entitled to reasonable extra compensation, or reasonable extension of time or both, as recommended by CONSULTANT and approved by CITY. 29.2. In the event CITY takes possession of any completed or partially completed portions of the Project, the following shall occur: 29.2.1. CITY shall give notice to CONTRACTOR in writing at least thirty (30) calendar days prior to CITY's intended occupancy of a designated area. 29.2.2. CONTRACTOR shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion in the form attached hereto as 00925 from CONSULTANT, BID NO: 39-00/01 DATE: sn/Ol CITY OF MIAMI BEACH 77 29.2.3. Upon CONSULTANTs issuance of a Certificate of Substantial Completion, CITY will assume full responsibility for maintenance, utilities, subsequent damages of CITY and public, adjustment of insurance coverages and start of warranty for the occupied area. 29.2.4. CONTRACTOR shall complete all items noted on the Certificate of Substantial Completion within the time specified by CONSULTANT on the Certificate of Substantial Completion, as soon as possible and request final inspection and final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, CONSULTANT shall issue a Final Certificate of Payment relative to the occupied area. 29.2.5. If CITY finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by CITY and CONTRACTOR and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of CONTRACTOR and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. 30. Lands for Work: 30.1. CITY shall provide, as may be indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto and such other lands as are designated by CITY or the use of CONTRACTOR. 30.2. CONTRACTOR shall provide, at CONTRACTOR's own expense and without liability to CITY, any additional land and access thereto that may be required for temporary construction facilities, or for storage of materials. CONTRACTOR shall furnish to CITY copies of written permission obtained by CONTRACTOR from the owners of such facilities. 31. Leaal Restrictions and Traffic Provisions: CONTRACTOR shall conform to and obey all applicable laws, regulations, or ordinances with regard to labor employed, hours of work and CONTRACTOR's general operations. CONTRACTOR shall conduct its operations so as not to BID NO: 39-00/01 DATE: 8/7/01 CITY OF MIAMI BEACH 78 close any thoroughfare, nor interfere in any way with traffic on railway, highways, or water, without the prior written consent of the proper authorities. 32. Location and Damaae to Existina Facilities. EauiDment or Utilities: 32.1. As far as possible, all existing utility lines in the Project area have been shown on the plans. However, CITY does not guarantee that all lines are shown, or that the ones indicated are in their true location. It shall be the CONTRACTOR S responsibility to identify and locate all underground and overhead utility lines or equipment affecting or affected by the Project. No additional payment will be made to the CONTRACTOR because of discrepancies in actual and plan location of utilities, and damages suffered as a result thereof. 32.2. The CONTRACTOR shall notify each utility company involved at least ten (10) days prior to the start of construction to arrange for positive underground location, relocation or support of its utility where that utility may be in conflict with or endangered by the proposed construction. Relocation of water mains or other utilities for the convenience of the CONTRACTOR shall be paid by the CONTRACTOR. All charges by utility companies for temporary support of its utilities shall be paid for by the CONTRACTOR. All costs of permanent utility relocation to avoid conflict shall be the responsibility of the utility company involved. No additional payment will be made to the CONTRACTOR for utility relocations, whether or not said relocation is necessary to avoid conflict with other lines. 32.3. The CONTRACTOR shall schedule the work in such a manner that the work is not delayed by the utility providers relocating or supporting their utilities. The CONTRACTOR shall coordinate its activities with any and all public and private utility providers occupying the right-of-way. No compensation will be paid to the CONTRACTOR for any loss of time or delay. 32.4. All overhead, surface or underground structures and utilities encountered are to be carefully protected from injury or displacement. All damage to such structures is to be completely repaired within a reasonable time; needless delay will not be tolerated. The CITY reserves the right to remedy such damage by ordering outside parties to make such repairs at the expense of the CONTRACTOR. All such repairs made by the CONTRACTOR are to be made to the satisfaction of the utility owner. All damaged utilities must be replaced or fully repaired. All repairs are to be inspected by the utility owner prior to backfilling. BID NO: 39-00/01 DATE: sn/Ol CITY OF MIAMI 8EACH 79 33. Value Enaineerina: CONTRACTOR may request substitution of materials, articles, pieces of equipment or any changes that reduce the Contract Price by making such request to CONSULTANT in writing. CONSULTANT will be the sole judge of acceptability, and no substitute will be ordered, installed, used or initiated without CONSULTANT's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. However, any substitution accepted by CONSULTANT shall not result in any increase in the Contract Price or Contract Time. By making a request for substitution, CONTRACTOR agrees to pay directly to CONSULTANT all CONSULTANT's fees and charges related to CONSULTANT's review of the request for substitution, whether or not the request for substitution is accepted by CONSULTANT. Any substitution submitted by CONTRACTOR must meet the form, fit, function and life cycle criteria of the item proposed to be replaced and there must be a net dollar savings including CONSULTANT review fees and charges. If a substitution is approved, the net dollar savings shall be shared equally between CONTRACTOR and CITY and shall be processed as a deductive Change Order. CITY may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute approved after award of the Contract. 34. Continuina the Work: CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with CITY, including disputes or disagreements concerning a request for a Change Order, a request for a change in the Contract Price or Contract Time. The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. 35. Chanaes in the Work or Terms of Contract Documents: 35.1. Without invalidating the Contract and without notice to any surety CITY reserves and shall have the right, from time to time to make such increases, decreases or other changes in the character or quantity of the Work as may be considered necessary or desirable to complete fully and acceptably the proposed construction in a satisfactory manner. Any extra or additional work within the scope of this Project must be accomplished by means of appropriate Field Orders and Supplemental Instructions or Change Orders. 35.2. Any changes to the terms of the Contract Documents must be contained in a written document, executed by the parties hereto, with the same formality and of equal dignity prior to the initiation of any work reflecting BID NO: 39-00/01 DATE: sn/Ol CITY OF MIAMI BEACH 80 such change. This section shall not prohibit the issuance of Change Orders executed only by CITY as hereinafter provided. 36. Field Orders and SuDDlementallnstructions: 36.1. The Contract Administrator, through CONSULTANT, shall have the right to approve and issue Field Orders setting forth written interpretations of the intent of the Contract Documents and ordering minor changes in Work execution, providing the Field Order involves no change in the Contract Price or the Contract Time. 36.2. CONSULTANT shall have the right to approve and issue Supplemental Instructions setting forth written orders, instructions, or interpretations concerning the Contract Documents or its performance, provided such Supplemental Instructions involve no change in the Contract Price or the Contract Time. 37. Chance Orders: 37.1. Changes in the quantity or character of the Work within the scope of the Project which are not properly the subject of Field Orders or Supplemental Instructions, including all changes resulting in changes in the Contract Price, or the Contract Time, shall be authorized only by Change Orders approved in advance and issued in accordance with the provisions of the CITY. 37.2. All changes to construction contracts must be approved in advance in accordance with the value of the Change Order or the calculated value of the time extension. All Change Orders with a value of $25,000 ore more shall be approved in advance by the Mayor and City Commission. All Change Orders with a value of less than $25,000 shall be approved in advance by the City Manager or his designee. 37.3. In the event satisfactory adjustment cannot be reached for any item requiring a change in the Contract Price or Contract Time, and a Change Order has not been issued, CITY reserves the right at its sole option to either terminate the Contract as it applies to the items in question and make such arrangements as may be deemed necessary to complete the disputed work; or submit the matter in dispute to CONSULTANT as set forth in Article 12 hereof. During the pendency of the dispute, and upon receipt of a Change Order approved by CITY, CONTRACTOR shall promptly proceed with the change in the Work involved and advise the CONSULTANT and Contract Administrator in writing within seven (7) calendar days of CONTRACTOR's agreement or disagreement with the BID NO: 39-00/01 DATE: sn/Ol CITY OF MIAMI BEACH 81 method, if any, provided in the Change Order for determining the proposed adjustment in the Contract Price or Contract Time. 37.4. On approval of any Contract change increasing the Contract Price, CONTRACTOR shall ensure that the performance bond and payment bond are increased so that each reflects the total Contract Price as increased. 37.5. Under circumstances determined necessary by CITY, Change Orders may be issued unilaterally by CITY. 38. Value of Chanae Order Work: 38.1. The value of any work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 38.1.1. Where the work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of items involved, subject to the provisions of Section 38.7. 38.1.2. By mutual acceptance of a lump sum which CONTRACTOR and CITY acknowledge contains a component for overhead and profit. 38.1.3. On the basis of the "cost of work," determined as provided in Sections 38.2 and 38.3, plus a CONTRACTOR's fee for overhead and profit which is determined as provided in Section 38.4. 38.2. The term "cost of work" means the sum of all direct costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work described in the Change Order. Except as otherwise may be agreed to in writing by CITY, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in Section 38.3. 38.2.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the work described in the Change Order under schedules of job classifications agreed upon by CITY and CONTRACTOR. Payroll costs for employees not employed full time on the work covered by the Change Order shall be apportioned on the basis of their time spent on BID NO: 39-00101 CITY OF MIAMI BEACH DATE: snlOl 82 the work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay application thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing the work after regular working hours, on Sunday or legal holidays, shall be included in the above to the extent authorized by CITY. 38.2.2. Cost of all materials and equipment furnished and incorporated in the work, including costs of transportation and storage thereof, and manufacturers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless CITY deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to CITY. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to CITY and CONTRACTOR shall make provisions so that they may be obtained. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by CITY with the advice of CONSULTANT and the costs of transportation, loading, unloading, installation, dismantling and removal thereof, all in accordance with the terms of said agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the work. 38.2.3. Payments made by CONTRACTOR to Subcontractors for work performed by Subcontractors. If required by CITY, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR and shall deliver such bids to CITY who will then determine, with the advice of CONSULTANT, which bids will be accepted. If the Subcontract provides that the Subcontractor is to be paid on the basis of cost of the work plus a fee, the Subcontractor's cost of the work shall be determined in the same manner as CONTRACTOR'S cost of the work. All Subcontractors shall be subject to the other provisions of the Contract Documents insofar as applicable. 38.2.4. Cost of special consultants, including, but not limited to, engineers, architects, testing laboratories, and surveyors BID NO: 39-00/01 CITY OF MIAMI BEACH DATE: SntOl 83 employed for services specifically related to the performance of the work described in the Change Order. 38.2.5. Supplemental costs including the following: 38.2.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the work except for local travel to and from the site of the work. 38.2.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workmen, which are consumed in the performance of the work, and cost less market value of such items used but not consumed which remains the property of CONTRACTOR. 38.2.5.3. Sales, use, or similar taxes related to the work, and for which CONTRACTOR is liable, imposed by any governmental authority. 38.2.5.4. Deposits lost for causes other than CONTRACTOR's negligence; royalty payments and fees for permits and licenses. 38.2.5.5. The cost of utilities, fuel and sanitary facilities at the site. 38.2,5.6. Receipted minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the work. 38.2.5.7. Cost of premiums for additional bonds and insurance required because of changes in the work. 38.3, The term "cost of the work" shall not include any of the following: 38.3.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, auditors, accountants, purchasing and BID NO: 39-00/01 CITY OF MIAMI BEACH DATE: sn/Ol 84 contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in its principal or a branch office for general administration of the work and not specifically included in the agreed-upon schedule of job classifications referred to in Section 38.2.1., all of which are to be considered administrative costs covered by CONTRACTOR's fee. 38.3.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 38.3.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the work and charges against CONTRACTOR for delinquent payments. 38.3,4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same, except for additional bonds and insurance required because of changes in the work. 38.3.5. Costs due to the negligence or neglect of CONTRACTOR, any Subcontractors, or anyone directly or indirectly employed by any of them or for whose acts any of them m&y be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. 38.3.6. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in Section 38.2. 38.4. CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 38.4.1. A mutually acceptable fixed fee or if none can be agreed upon, 38.4.2. A fee based on the following percentages of the various portions of the cost of the work: 38.4.2.1. For costs incurred under Sections 38.2.1 and 38.2.2, CONTRACTOR's fee shall not exceed ten percent (10%). 38.4,2.2. For costs incurred under Section 38.2.3, CONTRACTOR's fee shall not exceed seven and BID NO: 39-00/01 CITY OF MIAMI BEACH DATE: sn/Ol 85 one half percent (7.5%); and if a subcontract is on the basis of cost of the work plus a fee, the maximum allowable to the Subcontrador as a fee for overhead and profit shall not exceed ten percent (10%); and No fee shall be payable on the basis of costs itemized under Sections 38.2.4 and 38.2.5, (except Section 38.2.5.3), and Section 38.3. 38.5. The amount of credit to be allowed by CONTRACTOR to CITY for any such change which results in a net decrease in cost, will be the amount of the actual net decrease. When both additions and credits are involved in anyone change, the combined overhead and profit shall be figured on the basis of the net increase, if any, however, CONTRACTOR shall not be entitled to claim lost profits for any Work not performed. 38.4.2,3. 38,6. Whenever the cost of any work is to be determined pursuant to Sections 38.2 and 38.3, CONTRACTOR will submit in a form acceptable to CONSULTANT an itemized cost breakdown together with the supporting data. 38.7. Where the quantity of any item of the Work that is covered by a unit price is increased or decreased by more than twenty percent (20%) from the quantity of such work indicated in the Contract Documents, an appropriate Change Order shall be issued to adjust the unit price, if warranted. 38.8. Whenever a change in the Work is to be based on mutual acceptance of a lump sum, whether the amount is an addition, credit or no change-in-cost, CONTRACTOR shall submit an initial cost estimate acceptable to CONSULTANT and Contract Administrator. 38.8.1. Breakdown shall list the quantities and unit prices for materials, labor, equipment and other items of cost. 38.8.2. Whenever a change involves CONTRACTOR and one or more Subcontractors and the change is an increase in the Contract Price, overhead and profit percentage for CONTRACTOR and each Subcontractor shall be itemized separately. 38.9. Each Change Order must state within the body of the Change Order whether it is based upon unit price, negotiated lump sum, or "cost of the work." BID NO: 39-00/01 DATE: 8ntOl CITY OF MIAMI BEACH 86 39. Notification and Claim for Chanae of Contract Time or Contract Price: 39.1. Any claim for a change in the Contract Time or Contract Price shall be made by written notice by CONTRACTOR to the Contract Administrator and to CONSULTANT within five (5) calendar days of the commencement of the event giving rise to the claim and stating the general nature and cause of the claim. Thereafter, within twenty (20) calendar days of the termination of the event giving rise to the claim, written notice of the extent of the claim with supporting information and documentation shall be provided unless CONSULTANT allows an additional period of time to ascertain more accurate data in support of the claim and such notice shall be accompanied by CONTRACTOR's written notarized statement that the adjustment claimed is the entire adjustment to which the CONTRACTOR has reason to believe it is entitled as a result of the occurrence of said event. All claims for changes in the Contract Time or Contract Price shall be determined by CONSULTANT in accordance with Article 12 hereof, if CITY and CONTRACTOR cannot otherwise agree. IT IS EXPRESSLY AND SPECIFICALLY AGREED THAT ANY AND ALL CLAIMS FOR CHANGES TO THE CONTRACT TIME OR CONTRACT PRICE SHALL BE WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION. 39.2. The Contract Time will be extended in an amount equal to time lost on critical Work items due to delays beyond the control of and through no fault or negligence of CONTRACTOR if a claim is made therefor as provided in Section 39.1. Such delays shall include, but not be limited to, acts or neglect by any separate contractor employed by CITY, fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. 40. No Damaaes for Delav: No claim for damages or any claim, other than for an extension of time, shall be made or asserted against CITY by reason of any delays except as provided herein. CONTRACTOR shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from CITY for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by CONTRACTOR for actual delays due solely to fraud, bad faith or active interference on the part of CITY or its CONSULTANT. Otherwise, CONTRACTOR shall be entitled only to BID NO: 39-00101 DATE: 8ntOl CITY OF MIAMI BEACH 87 extensions of the Contract Time as the sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above. 41. Excusable Delav: ComDensable: Non-ComDensable: 41.1 Excusable Delay. Delay which extends the completion of the Work and which is caused by circumstances beyond the control of CONTRACTOR or its subcontractors, suppliers or vendors is Excusable Delay. CONTRACTOR is entitled to a time extension of the Contract Time for each day the Work is delayed due to Excusable Delay. CONTRACTOR shall document its claim for any time extension as provided in Article 39 hereof. Failure of CONTRACTOR to comply with Article 39 hereof as to any particular event of delay shall be deemed conclusively to constitute a waiver, abandonment or relinquishment of any and all claims resulting from that particular event of delay. Excusable Delay may be compensable or non-compensable: (a) Compensable Excusable Delay. Excusable Delay is compensable when (i) the delay extends the Contract Time, (ii) is caused by circumstances beyond the control of the CONTRACTOR or its subcontractors, suppliers or vendors, and (Iii) is caused solely by fraud, bad faith or active interference on the part of CITY or its agents. In no event shall CONTRACTOR be compensated for interim delays which do not extend the Contract Time. CONTRACTOR shall be entitled to direct and indirect costs for Compensable Excusable Delay. Direct costs recoverable by CONTRACTOR shall be limited to the actual additional costs allowed pursuant to Article 38 hereof. CITY and CONTRACTOR recognize and agree that the amount of CONTRACTOR's precise actual indirect costs for delay in the performance and completion of the Work is impossible to determine as of the date of execution of the Contract Documents, and that proof of the preCise amount will be difficult. Therefore, indirect costs recoverable by the CONTRACTOR shall be liquidated on a daily basis for each day the Contract Time is delayed due to a Compensable Excusable Delay. These liquidated indirect costs shall be paid to compensate CONTRACTOR for all indirect costs caused by a Compensable Excusable Delay and shall include, but not be limited to, all profit on indirect costs, home office overhead, acceleration, loss of earnings, loss of productivity, loss of BID NO: 39-00/01 DATE: snlOl CITY OF MIAMI BEACH 88 bonding capacity, loss of opportunity and all other indirect costs incurred by CONTRACTOR. The amount of liquidated indirect costs recoverable shall be $ per day for each calendar day the Contract is delayed due to a Compensable Excusable Delay. (b) Non-Compensable Excusable Delay. When Excusable Delay is (i) caused by circumstances beyond the control of CONTRACTOR, its subcontractors, suppliers and vendors, and is also caused by circumstances beyond the control of the CITY or CONSULTANT, or (ii) is caused jointly or concurrently by CONTRACTOR or its subcontractors, suppliers or vendors and by the CITY or CONSULTANT, then CONTRACTOR shall be entitled only to a time extension and no further compensation for the delay. 42. Substantial ComDletion: When CONTRACTOR considers that the Work, or a portion thereof designated by CITY pursuant to Article 29 hereof, has reached Substantial Completion, CONTRACTOR shall so notify CITY and CONSULTANT in writing. CONSULTANT and CITY shall then promptly inspect the Work. When CONSULTANT, on the basis of such an inspection, determines that the Work or designated portion thereof is substantially complete, it will then prepare a Certificate of Substantial Completion in the form attached hereto as Form 00925 which shall establish the Date of Substantial Completion; shall state the responsibilities of CITY and CONTRACTOR for security, maintenance, heat, utilities, damage to the Work, and insurance; and shall list all Work yet to be completed to satisfy the requirements of the Contract Documents for Final Completion. The failure to include any items of corrective work on such list does not alter the responsibility of CONTRACTOR to complete all of the Work in accordance with the Contract Documents. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to CITY through the Contract Administrator and CONTRACTOR for their written acceptance of the responsibilities assigned to them in such Certificate. 43. No Interest: Any monies not paid by CITY when claimed to be due to CONTRACTOR under this Agreement, including, but not limited to, any and all claims for contract damages of any type, shall not be subject to interest including, but not limited to prejudgment interest. However, the provisions of CITY's prompt payment ordinance, as such relates to timeliness of payment, and the provisions of BID NO: 39-00/01 DATE: sn/Ol CITY OF MIAMI BEACH 89 Section 218.74(4), Florida Statutes (1989) as such relates to the payment of interest, shall apply to valid and proper invoices. 44. Shoo Drawinas: 44.1. CONTRACTOR shall submit Shop Drawings as required by the Technical Specifications. The purpose of the Shop Drawings is to show the suitability, efficiency, technique of manufacture, installation requirements, details of the item and evidence of its compliance or noncompliance with the Contract Documents. 44.2. Within thirty (30) calendar days after the Project Initiation Date specified in the Notice to Proceed, CONTRACTOR shall submit to CONSULTANT a complete list of preliminary data on items for which Shop Drawings are to be submitted and shall identify the critical items. Approval of this list by CONSULTANT shall in no way relieve CONTRACTOR from submitting complete Shop Drawings and providing materials, equipment, etc., fully in accordance with the Contract Documents. This procedure is required in order to expedite final approval of Shop Drawings. 44,3. After the approval of the list of items required in Section 44.2 above, CONTRACTOR shall promptly request Shop Drawings from the various manufacturers, fabricators, and suppliers. CONTRACTOR shall include all shop drawings and other submittals in its certification. 44.4. CONTRACTOR shall thoroughly review and check the Shop Drawings and each and every copy shall show this approval thereon. 44.5. If the Shop Drawings show or indicate departures from the Contract requirements, CONTRACTOR shall make specific mention thereof in its letter of transmittal. Failure to point out such departures shall not relieve CONTRACTOR from its responsibility to comply with the Contract Documents, 44.6. CONSULTANT shall review and approve Shop Drawings within fifteen (15) calendar days from the date received, unless said Drawings are rejected by CONSULTANT for material reasons. CONSUL TANrs approval of Shop Drawings will be general and shall not relieve CONTRACTOR of responsibility for the accuracy of such Drawings, nor for the proper fitting and construction of the work, nor for the furnishing of materials or work required by the Contract Documents and not indicated on the Drawings. No work called for by Shop Drawings shall be performed until the said Drawings have been approved by BID NO: 39-00/01 CITY OF MIAMI BEACH DATE: 817101 ~ CONSULTANT. Approval shall not relieve CONTRACTOR from responsibility for errors or omissions of any sort on the Shop Drawings. 44.7. No approval will be given to partial submittals of Shop Drawings for items which interconnect and/or are interdependent where necessary to properly evaluate the design. It is CONTRACTOR's responsibility to assemble the Shop Drawings for all such interconnecting and/or interdependent items, check them and then make one submittal to CONSULTANT along with its comments as to compliance. noncompliance, or features requiring special attention. 44.8. If catalog sheets or prints of manufacturers' standard drawings are submitted as Shop Drawings, any additional information or changes on such drawings shall be typewritten or lettered in ink. 44.9. CONTRACTOR shall submit the number of copies required by CONSULTANT. Resubmissions of Shop Drawings shall be made in the same quantity until final approval is obtained. 44.10. CONTRACTOR shall keep one set of Shop Drawings marked with CONSULTANTs approval at the job site at all times. 45. Field Lavout of the Work and Record Drawinas: 45.1. The entire responsibility for establishing and maintaining line and grade in the field lies with CONTRACTOR. CONTRACTOR shall maintain an accurate and precise record of the location and elevation of all pipe lines, conduits, structures, maintenance access structures, hand holes, fittings and the like and shall prepare record or "as-builf' drawings of the same which are sealed by a Professional Surveyor. CONTRACTOR shall deliver these records in good order to CONSULTANT as the Work is completed. The cost of all such field layout and recording work is included in the prices bid for the appropriate items. All record drawings shall be made on reproducible paper and shall be delivered to CONSULTANT prior to, and as a condition of, final payment. 45.2. CONTRACTOR shall maintain in a safe place at the Project site one record copy of all Drawings, Plans, Specifications, Addenda, written amendments, Change Orders, Field Orders and written interpretations and clarifications in good order and annotated to show all changes made during construction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings shall be available at all times to CONSULTANT for reference. Upon Final Completion of the Project and prior to Final Payment, these record BID NO: 39-00/01 CITY OF MIAMI BEACH DATE: sn/Ol 91 documents, samples and Shop Drawings shall be delivered to the Contract Administrator. 45.3. Prior to, and as a condition precedent to Final Payment, CONTRACTOR shall submit to CITY, CONTRACTOR's record drawings or as-built drawings acceptable to CONSULTANT, 46. Safety and Protection: 46.1. CONTRACTOR shalf be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 46.1.1. All employees on the work site and other persons who may be affected thereby; 46.1.2. All the work and all materials or equipment to be incorporated therein, whether in storage on or off the Project site; and 46.1.3. Other property at the Project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 46.2. CONTRACTOR shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and utilities when prosecution of the work may affect them. All damage, injury or loss to any property referred to in Sections 46.1.2 and 46.1.3 above, caused directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR. CONTRACTOR's duties and responsibilities for the safety and protection of the work shall continue until such time as all the Work is completed and CONSULTANT has issued a notice to CITY and CONTRACTOR that the Work is acceptable except as otherwise provided in Article 29 hereof. 46.3. CONTRACTOR shall designate a responsible member of its organization at the Work site whose duty shall be the prevention of accidents. This Bm NO: 39-00/01 CITY OF MIAMI BEACH DATE:&nlOl ~ person shall be CONTRACTOR'S superintendent unless otherwise designated in writing by CONTRACTOR to CITY. [X]47. Final Bill of Materials: CONTRACTOR shall be required to submit to CITY and CONSULTANT a final bill of materials with unit costs for each bid item for supply of materials in place. This shall be an itemized list of all materials with a unit cost for each material and the total shall agree with unit costs established for each Contract item. A Final Certificate for Payment cannot be issued by CONSULTANT until CONTRACTOR submits the final bill of materials and CONSULTANT verifies the accuracy of the units of Work. 48. Pavment bv CITY for Tests: Except when otherwise specified in the Contract Documents, the expense of all tests requested by CONSULTANT shall be borne by CITY and performed by a testing firm chosen by CONSULTANT. For road construction projects the procedure for making tests required by CONSULTANT will be in conformance with the most recent edition of the State of Florida, Department of Transportation Standard Specifications for Road and Bridge Construction. The cost of any required test which CONTRACTOR fails shall be paid for by CONTRACTOR. 49. Proiect Sian: Any requirements for a project sign shall be as set forth within the Technical Specifications section. 50. Hurricane Precautions: 50.1. During such periods of time as are designated by the United States Weather Bureau as being a hurricane warning or alert, the CONTRACTOR, at no cost to the CITY, shall take all precautions necessary to secure the Project site in response to all threatened storm events, regardless of whether the CITY or CONSULTANT has given notice of same. 50.2. Compliance with any specific hurricane warning or alert precautions will not constitute additional work. - 50.3. Additional work relating to hurricane warning or alert at the Project site will be addressed by a Change Order in accordance with Section 37, General Conditions. BID NO: 39-00/01 CITY OF MIAMI BEACH DATE: sn/Ol 93 50.4. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the CITY has directed such suspension, will entitle the CONTRACTOR to additional Contract Time as noncompensable, excusable delay, and shall not give rise to a claim for compensable delay. 51. Cleanina Uo: CITY s Rightto Clean Up: CONTRACTOR shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Project, CONTRACTOR shall remove all its waste materials and rubbish from and about the Project as well as its tools, construction equipment, machinery and surplus materials. If CONTRACTOR fails to clean up during the prosecution of the Work or at the completion of the Work, CITY may do so and the cost thereof shall be charged to CONTRACTOR. If a dispute arises between CONTRACTOR and separate contractors as to their responsibility for cleaning up, CITY may clean up and charge the cost thereof to the contractors responsible therefor as CONSULTANT shall determine to be just. 52. Removal of Eauioment: In case of termination of this Contract before completion for any cause whatever, CONTRACTOR, if notified to do so by CITY, shall promptly remove any part or all of CONTRACTOR's equipment and supplies from the property of CITY, failing which CITY shall have the right to remove such equipment and supplies at the expense of CONTRACTOR. 53. Nondiscrimination. Eaual Emolovment Oooortunitv. and Americans with Disabilities Act: CONTRACTOR shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. CONTRACTOR shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by CITY, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, CONTRACTOR shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. CONTRACTOR's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. BID NO: 39-00/01 DATE: sn/Ol CITY OF MIAMI REACH 94 CONTRACTOR shall not engage in or commit any discriminatory practice in violation of City of Miami Beach Ordinance No 92.2824 in performing any services pursuant to this Agreement. 54. Proiect Records: CITY shall have the right to inspect and copy, at CITY's expense, the books and records and accounts of CONTRACTOR which relate in any way to the Project, and to any claim for additional compensation made by CONTRACTOR, and to conduct an audit of the financial and accounting records of CONTRACTOR which relate to the Project and to any claim for additional compensation made by CONTRACTOR. CONTRACTOR shall retain and make available to CITY all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three (3) years following Final Completion of the Project. During the Project and the three (3) year period following Final Completion of the Project, CONTRACTOR shall provide CITY access to its books and records upon seventy-two (72) hours written notice. BID NO: 39-00101 DATE: sn/Ol CITY OF MIAMI BEACH 95 00900. SUPPLEMENTARY CONDITIONS: BID NO: 39-00/01 DATE: sn/Ol CITY OF MIAMI BEACH 96 00920. ADDITIONAL ARTICLES: [X] 1. Prevailina Waae Rate Ordinance. This Project is not federally funded. City of Miami Beach Ordinance No, 94-2960 provides that in all non-federally funded construction contracts in excess of one million dollars to which the City of Miami Beach is a party, the rate of wages and fringe benefits, or cash equivalent, for all laborers, mechanics and apprentices employed by any contractor or subcontractor on the work covered by the contract, shall not be less than the prevailing rate of wages and fringe benefit payments or cash equivalence for similar skills or classifications of work, as established by the Federal Register, in the City of Miami Beach, Florida. The provisions of this Ordinance shall not apply to the following projects: a. water, except water treatment facilities and lift stations; b. sewer, except sewage treatment facilities and lift stations; c, storm drainage; d. road construction, except bridges or structures requiring pilings; and e. beautification projects, which may include resurfacing new curbs, gutters, pavers, sidewalks, landscaping, new lighting, bus shelters, bus benches and signage. ["NOTE: INSERT IF APPLICABLE] [X] 2. Federal Grant Proiects: 2.1. By virtue of the fact that the funding of this Project will be delivered in full or in part from the United States government through United States Department of Housing and Urban Development and referred to as U.S. Dept. of Housing and Urban Development/Community Development Block Grant funds, federal assurances must follow the grant application in addition to any and all supervening assurances set forth in Rules and Regulations published in Federal Register or CFR. 2.2. Clauses, terms or conditions required by federal grantor agency are hereby attached and made a part of this Project Manual. BID NO: 39-00/01 CITY OF MIAMI BEACH DATE: sn/Ol 97 00922. SJA TEMENT OF COMPLIANCE (PREVAILING WAGE RATE ORDINANCE NO. 94-2960) No. Project Title Contract No. The undersigned CONTRACTOR hereby swears under penalty of perjury that, during the period covered by the application for payment to which this statement is attached, all mechanics, laborers, and apprentices, employed or working on the site of the Project, have been paid at wage rates, and that the wage rates of payments, contributions, or costs for fringe benefits have not been less than those required by City of Miami Beach Ordinance No. 94-2960 and the applicable conditions of the Contract. Dated ,20_ (Contractor) By: (Signature) By: (Print Name and Title) STATE OF ) ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this , 20_, by personally known to me or who has produced identification and who did/did not take an oath. day of who is as WITNESS my hand and official seal, this day of ,20_. (NOTARY SEAL) (Signature of person taking acknowledgment) (Name of officer taking acknowledgment) (typed, printed or stamped) (Title or rank) (Serial number, if any) My commission expires: BID NO: 39-00/01 DATE: sn/Ol CITY OF MIAMI BEACH 98 00923. S]AIJ;MENT OF COMPLIANCE (DAVIS BACON ACn No. Contract No. ProjectTitle The undersigned CONTRACTOR hereby swears under penalty of pe~ury that, during the period covered by the application for payment to which this statement is attached, all mechanics, laborers, and apprentices, employed or working on the site of the Project, have been paid at wage rates, and that the wage rates of payments. contributions, or costs for fringe benefits have not been less than those required by the Davis Bacon Act and the applicable conditions of the Contract. Dated ,20 Contractor By: By: (Signature) (Print Name and Title) STATE OF COUNTY OF ) ) SS ) The foregoing instrument was acknowledged before me this , 20_, by personally known to me or who has produced identification and who did/did not take an oath. WITNESS my hand and official seal, this day of day of who is as ,20_. (NOTARY SEAL) (Signature of person taking acknowledgment) (Name of officer taking acknowledgment) (typed, printed or stamped) (Title or rank) (Serial number, if any) My commission expires: BID NO: 39-00/01 DATE: sn/Ol CITY OF MIAMI BEACH 99 00925. CERTIFICATE OF SUBSTANTIAL COMPLETION: PROJECT: (name, address) CONSULTANT: TO (CITY): BID/CONTRACT NUMBER: CONTRACTOR: CONTRACT FOR: NOTICE TO PROCEED DATE: DATE OF ISSUANCE: PROJECT OR DESIGNATED PORTION SHALL INCLUDE: The Work performed under this Contract has been reviewed and found to be substantially complete and all documents required to be submitted by CONTRACTOR under the Contract Documents have been received and accepted. The Date of Substantial Completion of the Project or portion thereof designated above is hereby established as which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. DEFINITION OF DATE OF SUBSTANTIAL COMPLETION The Date of Substantial Completion of the Work or portion thereof designated by CITY is the date certified by CONSULTANT when all conditions and requirements of permits and regulatory agencies have been satisfied and the Work, is sufficiently complete in accordance with the Contract Documents, so the Project is available for beneficial occupancy by CITY. A Certificate of OcCupancy must be issued for Substantial Completion to be achieved, however, the issuance of a Certificate of Occupancy or the date thereof are not to be determinative of the achievement or date of Substantial Completion. BID NO: 39-00/01 DATE: sn/Ol CITY OF MIAMI BEACH 100 A list of items to be completed or corrected, prepared by CONSULTANT and approved by CITY, is attached hereto. The failure to include any items on such list does not alter the responsibility of CONTRACTOR to complete all work in accordance with the Contract Documents. The date of commencement of warranties for items on the attached list will be the date of final payment unless otherwise agreed in writing. CONSULTANT BY DATE In accordance with Section 2.2 of the Contract, CONTRACTOR will complete or correct the work on the list of items attached hereto within from the above Date of Substantial Completion. CONSULTANT BY DATE CITY, through the Contract Administrator, accepts the Work or portion thereof designated by CITY as substantially complete and will assume full possession thereof at (time) on (date). City of Miami Beach, Florida By Contract Administrator Date The responsibilities of CITY and CONTRACTOR for security, maintenance, heat, utilities, damage to the work and insurance shall be as follows: BID NO: 39-00/01 DATE: 8ntOl CITY OF MIAMI BEACH 101 00926. FINAL CERTIFICATE OF PAYMENT: PROJECT: (name, address) CONSULTANT: BID/CONTRACT NUMBER: TO (CITY): CONTRACTOR: CONTRACT FOR: NOTICE TO PROCEED DATE: DATE OF ISSUANCE: All conditions or requirements of any permits or regulatory agencies have been satisfied. The documents required by Section 5.2 of the Contract, and the final bill of materials, if required, have been received and accepted. The Work required by the Contract Documents has been reviewed and the undersigned certifies that the Work, including minor corrective work, has been completed in accordance with the provision of the Contract Documents and is accepted under the terms and conditions thereof, CONSULTANT BY DATE CITY, through the Contract Administrator, accepts the work as fully complete and will assume full possession thereof at (time) (date). City of Miami Beach, Florida By Contract Administrator Date BID NO: 39-00/01 DATE: sn/Ol CITY OF MIAMI BEACH 102 00930. FORM OF FINAL RECEIPT: [The following form will be used to show receipt of final payment for this Contract.] FINAL RECEIPT FOR CONTRACT NO. Received this day of , 20 , from City of Miami Beach, Florida, the sum of Dollars ($ ) as full and final payment to CONTRACTOR for all work and materials for the Project described as: This sum includes full and final payment for all extra work and material and all incidentals. CONTRACTOR hereby indemnifies and releases CITY from all liens and claims whatsoever arising out of the Contract and Project. CONTRACTOR hereby certifies that all persons doing work upon or fumishing materials or supplies for the Project have been paid in full. In lieu of this certification regarding payment for work, materials and supplies, CONTRACTOR may submit a consent of surety to final payment in a form satisfactory to CITY. CONTRACTOR further certifies that all taxes imposed by Chapter 212, Florida Statutes (Sales and Use Tax Act), as amended, have been paid and discharged. [If incorporated sign below.] CONTRACTOR ATTEST: (Name of Corporation) By: (Secretary) (Signature) (Corporate Seal) (Print Name and Title) _ day of ,20_. F:IATTOIAGURIAGREEMNlVronlend\sldfnn. frtend.fnl.doc BID NO: 39-00/01 DATE: 8ntOl CITY OF MIAMI BEACH 103 [If not incorporated sign below.] WITNESSES: F:IA TTOIAGURIAGREEMNT\fI'Ontendlsldfrm.frtend.fnl.doc BID NO: 39-00/01 DATE: sn/Ol CONTRACTOR By: (Name of Firm) (Signature) (Print Name and Title) _ day of CITY OF MIAMI BEACH 104 ,20_. [ x ] 00950. DRAWINGS INDEX: *DrawlngslPlans for Proposed Espllnola WaylDrexel Avenue (dated February 19, 2001) Sheet #C-1 - C-22, E-1 - E-3, LP1 and LP2, LH1 and LH2, L11 and L12. * NOTE: Plans are available for this bid but must be ordered through T- Square Miami. The attached order form on page 110 of this Bid package must be completed and returned to T-Square Miami before prospective bidders will receive requested plans and specifications. BID NO: 39-00101 DATE: sn/Ol CITY OF MIAMI BEACH 105 01000. ADDENDA AND M9DIFICATIQNS: All addenda and other modifications made prior to the time and date of bid opening shall be issued as separate documents identified as changes to the Contract Documents. BID NO: 39-00/01 DATE: 8ntOt CITY OF MIAMI BEACH t06 02000. TECHNICAL SPECIFICATIONS: I. Plans and specifications prepared by Carr Smith Corradino. * NOTE: Plans are available for this bid but must be ordered through T -Square Miami. The attached order form on page 110 of this Bid package must be completed and returned to T-Square Miami before prospective bidders will receive requested plans and specifications. 1. Technical Specifications: DIVISION 1 - GENERAL REQUIREMENTS SECTION 00101 - MOBILIZATION (# of Pages 2) SECTION 00102 - MAINTENANCE OF TRAFFIC (# of Pages 2) SECTION 00110 - CLEARING AND GRUBBING (# of Pages 2) SECTION 00120 - EXCAVATION AND EMBANKMENT (# of Pages 1) SECTION 00125 - EXCAVATION FOR STRUCTURES (# of Pages 2) SECTION 00821 - TRENCH SAFETY ACT (# of Pages 3) SECTION 01000 - GENERAL REQUIREMENTS (# of Pages 7) SECTION 01010 - SUMMARY OF WORK (# of Pages 8) SECTION 01050 - FIELD ENGINEERING (# of Pages 2) SECTION 01090 - DEFINITIONS AND STANDARDS (# of Pages 1) SECTION 01200 - PROJECT MEETINGS (# of Pages 2) SECTION 01310 - CONSTRUCTION PROGRESS SCHEDULES (# of Pages 4) SECTION 01340 - SHOP DRAWINGS, PRODUCT DATA, SAMPLES AND MOCK-UPS (# of Pages 5) SECTION 01400 - QUALITY CONTROL (# of Pages 3) SECTION 01410 - TESTING LABORATORY SERVICE (# of Pages 3) SECTION 01500 - CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS (# of Pages 3) BID NO: 39-G01Ot CITY OF MIAMI BEACH DATE: 8nlOt t07 SECTION 01525 - PROTECTION OF UTILITIES (# of Pages 2) SECTION 01600 - MATERIAL AND EQUIPMENT (# of Pages 5) SECTION 01700 - CONTRACT CLOSEOUT (# of Pages 4) SECTION 01740 - WARRANTIES AND BONDS (# of Pages 2) SECTION 01741 - CONTRACTORS WARRANTY FORM (# of Pages 1) SECTION 01742 - SUBCONTRACTOR WARRANTY FORM (# of Pages 2) DIVISION 2 - SITEWORK SECTION 02050 - DEMOLITION, REMOVALS AND RELOCATION (# of Pages 4) SECTION 02110 - SITE CLEARING (# of Pages 2) SECTION 02140 - DEWATERING (# of Pages 3) SECTION 02200 - EARTHWORK (# of Pages 9) SECTION 02221 - EXCAVATING, BACKFILLING, AND COMPACTING FOR UTILITIES (# of Pages 6) SECTION 02480 - TREES, SHRUBS AND GROUNDCOVER (# of Pages 12) SECTION 02511 - ASPHALT CONCRETE PAVING (# of Pages 3) SECTION 02529 - CONCRETE SIDEWALKS, STRAIGHT CURBS, CURBS AND GUTTERS (# of Pages 6) SECTION 02580 - PAVEMENT MARKINGS AND POST SIGNS (# of Pages 5) SECTION 02720 - STORM DRAINAGE SYSTEM (# of Pages 7) SECTION 02731 - SANITARY SEWAGE SYSTEM (# of Pages 5) SECTION 02810 -IRRIGATION (# of Pages 21) SECTION 02840 - SPECIAL PROVISIONS FOR ROADWAY WORK (# of Pages 12) SECTION 03300 - CAST-IN-PLACE CONCRETE (# of Pages 4) SECTION 03360 - CONCRETE PAVERS (# of Pages 6) BID NO: 39-00/Ot DATE: 8nIOt CITY OF MIAMI BEACH t08 DIVISION 16 - ELECTRICAL SECTION 16010 - GENERAL PROVISION - ELECTRICAL (# of Pages 5) SECTION 16023 - CODES AND STANDARDS (# of Pages 1) SECTION 16112 - RACEWAY AND CONDUIT (# of Pages 4) SECTION 16120 - WIRE AND CABLE (# of Pages 4) SECTION 18450 - GROUNDING (# of Pages 2) MIAMI-DADE COUNTY PUBLIC WORKS DEPARTMENT: SIGNING AND PAVEMENT MARKINGS (# of Pages 22) SIGNALIZATION (# of Pages 54) BID NO: 39-00/Ot DATE: 8nlOt CITY OF MIAMI BEACH t09 03000. PLANS AND SPECS ORDE~ FORM C.O.D Order T -SQUARE ATTN:CARMEN DAVILA FAX 305-324-8040 PHONE 305-3241234 EX. 320 CITY OF MIAMI BEACH BID # 39 Authorized by : ROMAN MARTINEZ Fax: 305-324-8040 Complete Set Full Size Qty_Sets of Architectural & Landscape Full Size Qty_Clvll, Structural, & Demolition_ Full Size Qty_MEP Full Size Qty _ Specifications Others Price per SQ.FT $ .12cnts full slzel half size $ 1.00 per first copy &.45 second copy Total (MINIMUM ORDER FOR FREE DELIVERY $20.00 PER DELIVER) COMPANY NAME: ORDER BY: Half Size Half Size Half Size Half Size Bill to: COD T -Square Acct# 613204 Cash: Credit Card # Vlsa:_ Amex:_Master:_Other:_Ex. date In the name of: Authorization signature Ship TO: City State zip code Phone: Fax:_ Contact name Title Received by: shipped by: UPS # FEDEX # shipped by: UPS # FEDEX # Received by: Next day air _ Next day air saver _Ground _Second day air AM _Second air Three day select Handling charge $ Order received by T -quare: Title: ANY QUESTION AT T -SQUARE PLEASE CALL 305-324-1234 ASK FOR: Rusty James. VP Production Don Walker = Production Dto Jesus Luya = Production Dto. Veronica Lorza = Account Manager Cannen Elena Davila = Sales Manager If you already have account with T-Square please used your account # the order. Thank you for you business. = Ext. 202 = Ext. 224 = Ext. 224 = Ext. 230 = Ext. 320 to place BID NO: 39-G01Ot DATE:8nlOt CITY OF MIAMI BEACH 110 . I , J . 4000. SCHE04,I\.E OF VALues ANQ BID-AMOUNT BID No. Jt..GCW1 BID PROPOSAL FOR PLAZA DE ESPANAlDRfn:1 AVENUE ROADWAY IMPROVEIIENTS (SCHEDULE OF VALUES) The work to be performed under this Contract shall consist of fumishing all equipment materials, supplies, and manufactured articles for furnishing an transportation and services, including fuel, power, water and essential communications, and for the performance of all labor, work, or other operations required for the fulfillment of the Contract in strict accordance with the Contract Documents. ltem# Description Quantity Unit Price !2!!! 1 MOBILIZATION LS $ 40.000.00 $ 40,000.00 2 CLEARING & GRUBBING L.S $ "I? lno_no $ 32.400.00 . 3 MAINT. OF TRAFFIC L.S $ 60,UOO.00 $ 60.000.00 4 REG. EXCAVATION 760 CY $ 7.00 $ 5.320.00 (INCLUDES GRADING) 5 MILLING 975 SY $ 10.00 $ 9.750.00 6 S-1 ASPHALTIC CONCRETE 106 TN S 100.00 S 10.600.00 (2") (100 LBS/SYIIN) 7 TACK COAT 122 GA $ ~.: $ ;:: ~Ip 8 8" (lIP SA.'I\I. iiVJliR iHIP $ 2 _ 8e 12" DIP SAI'/. i&;\'VI;R 701..F' t .i8~_:A : 1:~~:: ~~ -Q.- ~,:J:I - 9 SAn i~JIiR MA~IIoIOLfi <I Ell 'PAJAAA AA , aA ^^^ ^^ ~ 10 6" CONCRETE BASE (UNDER.PAVERS) INCLUDES COST OF SU6GRADE COMPACTiON) 1055 SY $ 32.00 $ 33.760.00 BID :-l0: 39-00/01 DATE: 8/7/01 CITY OF MlAMI BEACH III II) 110. . tIl1ti lID PROPOSAL. FOR Pl...UA DE ESPANAIDREXEL AVENUE ROADWAY.PROVEIIENTS (SCHEDULE OF VALUES) !!!!!!!! Description guantItv Unit ~ Total - 11 8- LIMEROCK BASE (PRIMED) 550 SY $ 22.00 $ 12,100.00 11a 6" L1MEROCK BASE (UNDER PAVERS) 655 SY $ 20.00 $ 13.100.00 12 TYPE "8" (LBR40) 12" STABILIZATION (ROADWAY PAVEMENT) 1485SY $ 1-~'iO $ 2.'27 . 'i0 13 12" STABILIZATION (SIDEWALKS WI PAVERS) 780 SY $ 37.00 $ 28,860.00 14 CONCRETE CURB AND GUTTER TYPE "F" 850 LF $ 17.00 $ 14,450.00 15 CONCRETE CURB (6"x12") 315 LF $ 15.00 ::~ 16 CONCRETE CURB TYPE "0" 337 LF $ 17.00 17 VALLEY GUTTER - S, 72,., .00 fpf CONCRETE (2') 230 LF $ 16.00 $ 3.680.00 18 VALLEY GUTTER, CONCRETE (2.5') 650 LF $ 22.50 $ 14,625.00 19 CONCRETE SIDEWALK, INCLUDING PEDESTRIAN RAMPS 610 SY $ 32.00 20 CONNECTION TO EXISTING MANHOLE 1 EA $ 1.000.00 $ 1,000.00 ~ 21 INLET TYPE V 4EA $ 2,'i00.00 $ 2 efts.at> IPJ -'to, 000. 0 0 22 OVERFLOW STRUCTURE 1 EA $ 5.000.00 $ 5.000.00 23 INLET TYPE P-9 5EA $ 1,500.00 $ 7,'i00.00 BID :-10: 39-4lO/0t DATE: 8/'7/0t CtTY OF MIAMI BEACH 112 ..... ..., BID 1Awr.)SAL FOR PLUA DE ESPAJWDREXEL AVENUE ROADWAY IMPROVEMENTS (SCHEDULE OF VALUES) ...... . ....'. Quantity Unit Price 24 CONVERT EXISTING INLET TO MANHOlE 1 EA 25 DEEP WELL ~ 2.E.A $ 2,000.00 $ U.4"LOO . 26 15" HIGH DENSITY POL YETHILENE(HDPE) PIPE CULVERT (STORM SEWER) 177 LF 27 18" HIGH DENSITY POL YETHILENE (HDPE) PIPE CULVERT (STORM SEWER) 40 LF 28 15" PERFORATED HIGH DENSITYPOL YETHiLENE (HOPE) FRENCH DRAIN PIPE (STORM SEWER) 410 LF 29 SOLID TRAFFIC STRIPE, THERMOPLASTIC, 4"INHITE 298 LF 30 SOLID TRAFFIC STRIPE, THERMOPLASTIC, 4" YELLOW 410 LF 31 SOLID TRAFFIC STRIPE, THERMOPLASTIC, 4" BLUE 18 LF 32 STRIPE THERMOPLASTIC 12"1NH1TE 411 LF $ 30.00 $ 1".00 $ 100.00 $ 1.00 $ 1.00 $ 1.00 $ 3.00 33 STRIPE THERMOPLASTIC 18" INHITE 55 LF $ 3.50 BID NO: 39-00/01 DATE: 8/1/01 CITY OF :\fiA.,\(I BEACH 113 ~ $ 2,000.00 aQ $1!r ^^^ .~ lit' (JJ8/~6o.()O $ 5.310.00 $ 1.400.00 $41:000.00 $ 298:;00 $ 410:00. $ 1*:00 -- $ I. '11_M $ 192.50 ~ BID NO: 39~0/01 DATE: sr"/OI CITY OF MtAMI BEACH 114 BID No. 39-OCWt BID PROPOSAL FOR PLAZADeESPA~~AVENUE ROADWAY IMPROVEIIENTS (SCHEDULE OF VALUES) !!!m! OescriDtion Quantity Unit Price !2!!! 46 LOOP MATERIAL (LEAD-IN CABLE) 1 PI S 1.000.00 $ 1,000.00 , 47 PULL & JUNCTION BOX (INCLUDING GROUND ROD) 2EA S 300.00 $ 600 . 00 48 PULL & JUNCTION BOX (ADJUST) 7EA $ 100.00 $ 700.00 49 CONDUIT (UNDER PAVEMENT) 180 LF S 22.00 $ 3.960.00 50 2" PVC SCHEDULE 40 (CONDUIT) 1140 LF $ 1& 10 $ 4,674.00 51 #f3 THWN CU CONDUCTOR (COLOR CODED) 3470 LF S o 90 $ 3.123.00 51a #4 THWN CU CONDUCTOR (COLOR CODED) 200 LF $ 1.80 $ 160 00 52 175 W MH POST TOP LUMINAlRE (INCLUDING ATTACHMENTS) 35EA $ R40 00 $ 53a "WINDSOR" LIGHT POLE (MAINSTREET REF. FF1803) (INCLUDES COST OF -- FOOTING) 11 EA $ 1.760.00 $ 19.360:00 53b "DAU" LGHT POLE (COLOMER. SA REF.FA2.554) (INCLUDES COST OF FOOTING) 4EA $ 4,760.00 S 19,040.00 BID :-10: 39-00/01 DATE: SI7IOt CITY OF )(tAMJ BEACH liS BID :-10: 39-00/01 DA TE: 8nIOt CITY OF )l1A;~fI BEACH 116 BID No. 3&-GOI01 BID PROPOSAL FOR PlAZA DE ESPANAJDREXEL AVE"UE ROADWAY IMPROVEMENTS (SCHEDULE OF VALUES) !!!!!!! Description Quantity Unit Price Total 60 CONCRETE PAVERS 4" X4" X2 3/8" THICK ON SAND, SETTING SED (YELLOW LINE DNlDER) 150 LF S 13.20 S. 1.980.00 61 CONCRETE PAVERS 8" X8" X2 3/8" THICK ON SAND SETTINGBED (PERIMETER SOLDIER COURSE) 1110 SF $ 3.70 $ 4.107.00 62 4" CONCRETE SLAB WI 6" X 6" NO. 10 WWF 2460 SF S 3.00 $ 7.380.00 63 12" X 12" X 2 3/8" CONCRETE PAVERS (AT PHOENIX PALM PLANTERS) 700 SF $ 1.70 $ 2.590.00 64 PRECAST CONCRETE BOLLARDS (TECHCRETE) 28 EA $ 1'i0.00 $ 7,000.00 65 CONCRETE PAVERS 8" XS" X 2 318" ~J THICK ON SAND SETTING BED 66 SF $ 3.70 $ 66 BIKE RACKS . 2EA $ 1, 'i00.00 $ 3,000.00 (CllY PREFERENCE) 67 CORDIA BOISSIERJI ~ WHITE GEIGER TREE (8'-9' HT x 6'-7' SPR) 31 EA S 26'i.00 $ ..Jt~ if t/tIS.OO BID :-10: 39-00/01 DATE: 817/01 CITY OF ~'II BEACH IIi BID No. ...., BID PROPOSAL FOR PLAZA DE ESPANAIDREXEL AVENUE ROADWAY IMPROVEMENTS (SCHEDULE OF VALUES) !!!!!!f Description Quantity Unit Price Total 68 JACARANDA ACUTIFOLIAI JACARANDA (18' HT MIN) 6 EA , $ &on 00 $ , &00.00 . 69 SWlETENIA MAHOGANYI MAHOGANY (12'-14' HT x 6'-8' SPR) 14 EA $ '1;';'00 $ 3.710.00 70 TABEBUIA CARAIBAI YELLOW TABEBUIA (S'-10' HT x 6'-8' SPR) SEA. $ 176.00 $ 880.00 71 PHOENIX DACTYLlFERA "MEDJOOL" DATE PALM (14' CT 24' OA HT) 16 EA $ 'i,'1I0.00 $ 84.480.00 72 PTYCHOSPERMA ELEGANS TRIPLE TRIPLE TRUNK SOLITAIRE PALM (12'-14' OA HT) 6EA $ 330.00 $ 1.980.00 73 PTYCHOSPERMA ELEGANS DOUBLE DOUBLE TRUNK SOLITAIRE PALM (12'-14' OA HT) 6EA $ 286.00 $ 1.716.00 74 PLUMBAGO CAPENSISI $~~ PLUMBAGO (18"-24" OA) 66 EA. $ 8.00 75 MURRAYA PANICULATA 52.f.OO "LAKEVlEWI LAKEVlEW ORANGE JASMINE (24"-30" HT OA) 180 EA $ 7.75 $ 1 ~q'i nn . BOO :"10: 39~0/Ul DA T);: 8171Ut CtTY OF MIA.'Il BEACH 118 BID No. 3I-40I01 BID PROPOSAL FOR PlAZA DE ESPANAJDREXEL AVENUE ROADWAY IMPROVEMENTS (SCHEDULE OF VALUES) $ ~ $ - e.7S 110.00 $11,000.00 $ 11,000.00 ~j~ SUBTOTAL $-d7~ ,~ (Totalforltems1-aar7f1115t~. ~; ~ CONTINGENCY (10%) $ ~.' ro_..1 . Q- ltern# DescriDtion Quantity 76 "PALMETTO GREEN" GRAVEL 'I." . 'h" DIAM. 5 CY 77 PENTAS LANCEOLATAI DWARF PENTAS (12"-15" OA, 1 GAL 1S" OC) 192 EA. 78 POL YPODIUM PHYMA TOIDESI WART FERN (12"-15" OA, 1 GAL. 1S" OC) 180 EA 79 LANTANA SPP.I LANTANA CAMARA GOLD (9"-12" OA, 1 GAL, 15" OC) 40 EA so IRRIGATION 1 L.S Unit Price Total $ $ 50.00 250,,00 $ $ 1.7'; 528.00 $ $ ';.';0 QQn nn ~~~ $~II ",.17 7('/~S2-". 7D GRAND TOTAL . lIia8 1..._..1__..1 &~ j:..- -.; 1)''-t tllo"---..I ..:][ "--d.r." fiftyfi~9 .-.,1 17/nn fi) Written Amount ~~ 6ev&N IW~ 51lCTY ONE fH()1I~1> F'''€ HII~Olt.CI> TW~tIr{ $'''' AND 1tJ;o' /Pf BID NO: 39-00/01 DATE: 817/0t CITY OF )(lAM! BEACH 119 05000. ACKNOWLEDGEMENT OF ADDENDA Invitation for Bid No. 39-00101 Directions: Complete Part I or Part II, whichever applies. Part I: Listed below are the dates of issue for each Addendum received in connection with this Bid: Addendum No.1, Dated June 12th Addendum No.2, Dated June 12th Addendum No.3, Dated July 16th Addendum No.4, Dated Julv 27th Addendum No.5, Dated AllglI!lt 7th Part II: No addendum was received in connection with this Bid. Verified with Procurement staff Name of Staff Date Bidders- Name Date Signature BID :-i0: 39-00/0 I DATE: 8n/Ot CtTY OF :\ftAMt BEACH no 06000. CUSTOMER REFERENCE LISTING PLAZA DE ESPANAlDREXEL AVENUE ROADVVAYIMPROVEMENTS CUSTOMER REFERENCE LISTING Contractor's shall furnish the names, addresses, and telephone numbers of a minimum of four (4) firms or government organizations for which the Contractor is currently furnishing or has furnished, similar services. 1) Company Name r.;t-y nF R;SllAAh Address 5601 E. 8th Ave. Hialeah Contact Person/Contract Amount Ernie Horsley Telephone Number 305/687-2668 2) Company Name Ralph "prritt Opv. Corp. Address 9015 NW 13th Ter., Miami Contact Person/Contract Amount Ra 1 ph Merri t t Telephone Number 10'i/'iQ?-H?? 3) Company Name A2ile Courts Address 7335 SW 104 ~t., Miami Contact Person/Contract Amount BTi an RallPr Telephone Number 10'i/667-1278 4) Company Name Pan American Construction Address 7600 IRl 6Q "vp. "pill Py, FT Contact Person/Contract Amount Andv Obrador Telephone Number 305/883-8770 BID '10: 39.00/01 DATE: 81'7/01 CITY OF MtAl\U BEACH IZt \