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Agreement Bid No. 43-98/99 AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND ATC ASSOCIATES, INC. D/B/A ATC GROUP SERVICES, INC. FOR FUEL STORAGE SYSTEM RETROFITTING BID NO. 43-98/99 City of Miami Beach - Procurement Division 1700 Convention Center Drive Miami Beach, FL 33139 AGREEMENT THIS AGREEMENT made this 17th day of May 1999, A.D. between the CITY OF MIAMI BEACH, a Florida municipal corporation, hereinafter called the City, which term shall include its successors and assigns, party of the one part, and A TC Associates, Inc. d/b/a A TC Group Services, Inc. 9955 NW 116th Way Miami, FL 33178 hereinafter called the Contractor, which term shall include its heirs, successors and assigns, party of the other part. WITNESSETH that the said Contractor for the consideration and compensation herein agreed to be paid and the said City in consideration of the construction of improvements to be done by said Contractor and Designated "Bid No. 43-98/99 Fuel Storage System Retrofitting" by said City, do hereby mutually agree as follows: 1. This Agreement shall extend to and be obligatory upon said City, its successors and assigns, and upon said Contractor and its heirs, successors and assigns. Neither this Agreement nor any part thereof nor any part of the Work herein contemplated, shall be assigned or sublet, nor shall any sums of money provided to be paid to said Contractor be assigned by said Contractor to anyone without the consent of the City Commission of said City evidenced by its resolution. 2. The foregoing pages of this booklet, including the Notice to Contractors, the Proposal, and the Contract Documents and such alterations as may be made in said Plans and Specifications as therein provided for, are hereby referred to and made a part of this Agreement and the terms and conditions set forth therein, except when in direct conflict with this written.Contract, are as much a part hereof as if copied herein. If conflicts exist between them and this written instrument, only that part of the matter in direct conflict herewith shall not be construed to be a part hereof. 3. The Contractor shall commence work within seven (7) days of the Notice to Proceed and shall complete in a good and workmanlike manner the materials hereinbefore referred to, strictly in accord herewith within one-hundred and twenty (120) calendar days. 4. The City and Contractor recognize that the City will suffer direct financial loss if Work is not completed within the Contract times specified in paragraph 3 above plus any extensions as may have been granted by the City. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time, and therefore time is of the Bid No. 43-98/99 essence. Accordingly, instead of requiring any such proof Contractor agrees to forfeit and pay Owner as liquidated damages for delay (but not as c:l penalty) the amount of Seventy- Five Dollars ($75.00) for each calendar day that expires after the Contract Time specified in paragraph 3 above for Final Completion. 5. In such construction said Contractor shall furnish all implements, machinery, equipment, transportation, tools, materials, supplies labor, and other things necessary to the execution and completion of the Work, nothing being required of the City except that it may, at its expense, supervise such construction and enter upon and inspect the same at all reasonable times. 6. If any dispute arises between the City and said Contractor with reference to the meaning or requirements of any part of this Contract and they cannot agree, the more stringent requirements shall govern as determined by the City. 7. If the Contractor shall complete the construction herein contemplated in a good and workmanlike manner within the time herein specified and in accord herewith, the said City shall pay to the Contractor the contract sum in accordance with the Conditions of the Contract. The City, by allowing Contractor to continue with said construction after the time for its completion hereinbefore stated shall not deprive City of the right to exercise any option in this Agreement contained nor shall it operate to alter any other term of this Agreement. 8. The Contractor shall file with the Procurement Director of said City of Miami Beach a Performance and Labor and Material Payment Bond, each in the amount of 100 percent of Contract Amount, in the form as set forth herein or as otherwise approved by the City of Miami Beach City Attorney and shall be executed by said Contractor and Surety Agent authorized to do business in the State of Florida. 9. The Contractor shall file Insurance Certificates, as required, and they must be signed by a Registered Insurance Agent licensed in the State of Florida and approved by the City of Miami Beach Risk Manager. 10. All documents shall be executed satisfactorily to said City and until Bonds and Insurance Certificates have been filed and approved, this Contract Agreement shall not be effective. 11. Owner shall pay Contractor for performance of the Work in accordance with the Contract Documents in current funds at the lump sum or unit prices presented in the Bid Proposal, attached to this Agreement. The parties expressly agree that the Contract Price is a stipulated sum except with regard to the items in the Bid which are subject to unit prices. Contract Price: $377,700.00 Bid No. 43-98/99 12. The Contract Documents which comprise the entire Agreement between City and Contractor are attached to this Agreement and made a part hereof. The Contract Documents may only be amended, modified or supplemented as provided in the General Conditions. IN WITNESS WHEREOF the said City has caused this Agreement to be signed by the Mayor of the City of Miami Beach, Florida and its corporate seal to be affixed, attested by the City Clerk of the City of Miami Beach and the said Contractor has caused this Agreement to be signed it its name. (SEAL) CITY OF MIAMI BEACH ~frYl Contractor By Mayor ~? Title ATTES~r P~Lk City Clerk APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 4t/JJd~ ~A 2/9 d) DC1~ Bid No. 43-98/99 FUEL STORAGE SYSTEM RETROFITTING BID #43-98/99 PROPOSAL PAGE 1 OF 2 To be Opened March 31, 1999 at 3:00 P.M. We propose to furnish all labor, materials, tools, equipment, transportation, licenses, services and incidentals necessary for Fuel Storage System Retrofitting for the City of Miami Beach, all in accordance with Bid Specifications, for the lump sum price of: ITEM #1: Total Price ITEM #2: Total Price ITEM #3: Total Price ITEM #4: Total Price ITEM #5: Total Price Installation of Eight Fuel Dispenser Leak Containment Sumps at the City Fleet Fueling Stations at Fire Station #2 and the Fleet Management Facility $ I 0 <6 '71/0 _ <,,::, C - Installation of an Overspill Containment Bucket, a Flow Restricting Overfill Drop Tube and Replacement of Existing Product Supply and Return Lines with Double-Walled, Corrosion Resista"nt Piping on the Underground Fuel Storage Tank at the Police Station $ P. ~?CCC Replacement of Existing Product Supply and Return Lines with Double-Walled, Corrosion Resistant Piping on the Underground Fuel Storage Tank at the Theater of Performing Arts $ 5 t~2-o0 Replacement of Existing Product Supply and Return Lines with Double-Walled, Corrosion Resistant Piping on the Underground Fuel Storage Tank at the Convention Center $ '2:'. 4-z~. aD Replacement of Existing Temporary Aboveground Fuel Storage Tank with a 500 Gallon Concrete Vaulted Aboveground Fuel Storage Tank at Miami Beach City Hall $ 2..2- . bCc, -::;. co Each location specified in this bid could be awarded on an individual basis, so each price quoted must be capable of standing alone and not be dependent on award of entire contract. Please state a total if all locations are awarded to a single bidder. Total Price If All Items (Items 1-5) Are Awarded: L~s.'S.5~u $ S(... z..15_~D , Warranty (Describe in Detail): M A.-....Lt ~r-l;'? ~-P- ~,-v~-r-:>.o-lT ~/ f~ E ~ l. C'"r{~ T; ~E- 'fs?---A-P ~'~~{'f ~ ~ ~6.~ ~~~ '--....JD2~~? Bid #43-98/99 City or Miami Beach 20 It \L- FUEL STORAGE SYSTEM RETROFITTING BID #43-98/99 PROPOSAL PAGE 1 OF 2 ANY LETTERS, A TT ACHMENTS, OR ADDITIONAL INFORMA TION TO BE CONSIDERED PART OF THE PROPOSAL MUST BE SUBMITTED IN DUPLICATE. SUBMITTED BY: COMPANY NAME: d commit the bidding firm) SIGNED: NAMErrITLE(Print): \-<(~~ E.. -L-'-(~c-i- ',~?- 9~ .,---.. ~ I / II' T.-i J '-...> ~ L---l . '-....~ , ...., ,- _...J 6.... I ADDRESS: CITY/STATE: "t--'11 J'~~ I F 1- ZIP::::"'?::, \ ':::r ~ I L~~)~~2--<?;)Z-C>c') (-Sc-->s) e<2') Z-l 2 OE.J TELEPHONE NO: FACSIMILE NO: Bid 1#43-98/99 City of Miami Beach 21 FUEL STORAGE SYSTEM RETROFITTING BID #43-98/99 BID CHECK LIST To ensure that your bid is submitted in conformance with the Contract Documents, please verifY that the following items have been completed and submitted as required. X Original and one copy of bid (including all submittal information) General Conditions Section 1.1 Special Conditions Section 2.31 X Execution of Bid General Conditions Section 1.2 Equivalents/Equal Product General Condition Section 1.10 Special Conditions Section 2.33 X Insurance and Indemnification (including Insurance Checklist) General Condition Section 1.34 Special Conditions Section 2.9 Samples General Condition Section 1.14 Special Conditions Section 2.12 X BidlPerformance Bond General Condition Section 1.35 Special Conditions Section 2.16 X Warranty Special Conditions Section 2.23 Product/Catalog Information Special Conditions Section 2.24 X References Special Conditions Section 2.25 X Bidder Qualifications Special Conditions Section 2.28 X Exceptions to Specifications Special Conditions Section 2.30 ~ Bid #43-98199 City or Miami Beach 22 FUEL STORAGE SYSTEM RETROFITTING BID #43-98/99 CUSTOMER REFERENCE LISTING Contractor's shall furnish the names, addresses, and telephone numbers of a minimum of three (3) firms or government organizations for which the Contractor is currently furnishing or has furnished, in the Past, Fuel Storage System Retrofitting. 1) Company Name Address Contact Person Telephone Number 2) Company Name Address Contact Person Telephone Nwnber 3) Company Name Address Contact Person Telephone Nwnber Bid #43-98/99 City of Miami Beach M I d.t-"1 j D/'-.n-:::>~ F' Q~ i2.E:::-c.-<-.tE- l.,OQO -=:,-,..../ '07T-~ A--tE- , M';~#-"'",~ \: ~ C"'-\.~-PT' ~-P. (~_L--y-) FE=--P.I~~E:C l~~) -27'"3:.-- '1-100 5l( /b9~ C IT '-/ E) F '--'-I. 1 ,L-~-~ l y( ~&e-~ :S?4 J,~. 2-\~T C=<::....J..P-T ,"'ll-T~.....J ~~~_ ,L- -s:o:,:'SoS- D-A..-'--I- , \"') ~~~j, L>. 2. ' ('<-1-6 L_l c- ~~ ~-5 (~s,+) -:~'9o - Cl~c; 2\CO Z.1~1 16L~r-::, 0C-.L~LJ"'~J'"':""--, ( r "-::>o--i~--P \ .e'~ L ~" . (r-:, 1::> ~ '''--''E- P- L -==-.--tE:..e.. ,~~ ~ F~ Ml c.'-+~,--- 1_ rc",,>y--! LsC,)S-) S3=;.-~~ I p~~ 23 CONTRACTOR'S OUESTIONNAIRE NOTE: Information supplied in response to this questionnaire is subject to verification. Inaccurate or incomplete answers may be grounds for disqualification from award of this bid. Submitted to The Mayor and City Commission of the City of Miami Beach, Florida: B Y6..TC A .-'::, ~-:;, cc , t;".. T~'-':" I .j c. ,I 'D ~~ /~ &-1 c- G., 12~ f> S~~lC::E:-::~ \ Jc Principal Office <:.') C) <; s .J .....--.1 II L - \:::i ___--I ,,~_/ ~{\.Ad-o-t I ,l-:S '"'3 I'~ I / How many years has your organization been in business as a Contractor under your present business name? IS- Does your organization have current occupational licenses entitling it to do the work contemplated in this Contract? --;.:z;.~-:, State of Florida occupational license - state type and number: ~~l."'-~ Dade County certificate of competency - state type and n_~b:r: S'p~'A..-~"Ti ~70c----l-A...l.u=.",-~ ~.... 'iC"_ ~ I l ~'E'=-~ C'4' ~:o;'.", How many years experience in similar work has your organization had? (A) As a Contractor 1 0 (B) As a Sub-Contractor I C (C) What contracts has your organization completed? Contract Amt Class of W orkWhen Completed Name/Address of ~wner i\~,~x:-"o.c~ ~~JT ll-II-~?-, Ml~: D DF_ F\2~-"5E~ .zE.-~c:..L.-lII2"~ tt '-:>On=:>o.cc. e'?-->-t.CJ~'-~ 'Z-3.\.<3'?-. Sc:..:.~T.4 ,I, ,~""'> ,~Lc. . oe~~ p~':;::::-4- ~ . >-( ce~, ~,. ~,;:;:Z . ~-30-3. "") Have you ever had a contract terminated (as prime contractor or sub-contractor, under existing company name or another company name) due to failure to comply with contractual specifications? J a If so, where and why? ~/~ , Has any officer or partner of your organization ever failed to complete a construction contract handled in his own name? ~ D If so, state name of individual, name of owner, and reason thereof ~ / A.... Bid #43-98/99 City of Miami Beach 24 In what other lines of bus,iness are you financially interested or engaged? EO ~l,,(, p~ HZ"'---.1( ~ E.Jb..,.Jz:::t:=.-C~IJ~ .0-11:::> ~~r, TEC..,-.(.,JICbI ~~"E'-J"'-II ,~--.", Give references as to experience, ability, and financial standing .....c.F.-E: '~T~~r:::D What equipment do you own that is available for the proposed work and where located? F"L \C-'C~~ 3Ac:.L. +-IDE TP~HD"E. . I / '4 Financial Statement /~ E A..lT~2,--+ l- ~ What Bank or Banks have you arranged to do business with during the course of the Contract should it be awarded to you? A LT~::..4~-.~ (SEAL) (SEAL) Bid 1#43..98/99 City or Miami Beach 25 @ ZURICH-AMERICAN INSURANCE GROUP BID BOND KNOW ALL MEN BY THESE PRESENTS: That ATC Associates, Inc. of 9955 NW 116th Way, Miami, FL 33178, as Principal, and American Guarantee and Liabilitv Insurance Company One Libertv Plaza New York. NY 10006, as Surety, are held and firmly bound unto City of Miami Beach, FL, as Obligee, in the sum of Five Percent of the amount bid Dollars (5%), for the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, The Principal has submitted a bid for Fuel Storage System Retrofitting Bid #43-98/99. Bid date is March 31, 1999. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed, sealed and dated this 31st day of March 1999. ~:td/~d (J By: American Guarantee and Liability Insura Company ;;,;~ne~, & ~ JariJes C. Congelio '1 Resident Agent-Florida By: Qa: p ~~ Alta P. Deschaine, Attorney-in-fact . . A TC Grol!P Services Inc. D/B/A AT C Associates, Inc. Offict!I'., and Dil'~c1ol'$: FEIN: 46-0399408 . II President and Director Nicholu J. Malina A TC Group Services Inc. 104 East 25th Street, Tenth Floor New York, NY 10010-2917 II Chief Operating Officer and Director Christopher P. Vinae A TC Group Services Inc. 600 West Cummings Park., Suite 6000 Wobum, MA 01801-6350 II II Senior Vice President Donald 'W. Beck A TC Group Services Inc. 104 East 25tft Street, Tenth Floor New York., NY 1001a-2917 :.I , Chief Financial Officer and Encutive Vice President PauJ A. Grillo A TC Group Services Inc. 104 East %Sth Street, Tenth Floor Ne,.- York, NY loola-2917 J Secretary John J. Smith A TC Group Services Ine.. ISIS E. 10111 Street Sious Fall" SD 57103 1 Controller Rachel D. Trant A TC Group Services Inc. 600 West Cummings Park, Suite 6000 Woburn, MA 01801-6350 - 1 Assutant Secretary and Director Nora E. Kerppola Weill, Peck & Greer, L.L.C. ODe New York Plaza New York, NY 10004-1950 , I Director Wesley W. Lang. Jr. Wei.. Peck & Creer, L.L.C. One New York Pia. New York, NY 10004-1950 I Director II Benjamin B. James PPM America Inc. 225 W. Wacker Drive Chicago, IL 60606 G RI:Vu..I 7116.'9' !rt - III . II III Q III III III [l ~ o JJI -- 11 rw II - ~ (1. .l tC _~f.jflo ' g;,ta .0'.. ~- -":u fltJa 1!JrpartJ::npnf LIf &ttttr I certify from the records of this office that A TC GROUP SERVICES INC., is a corporation organized under the laws of Delaware, Buthorized to transact business in the State of Florida, qualified on September 14, 1993. The document number of this corporation is F93000004179. I further certify that said corporation has paid all fees and penalties due this office through December 31, 1998, that its most recent annual report was filed on February 18, 1998, and its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capitol, this the Sixth day of July, 1998 CR2E022 (2-95) c..~-d'~ ~mt_OnI ~- 2BffurtfFlm ~.ecn:t.:trg of~tute .- <=:),A'" 1(" b~l'; li: "'<=:) " :).!, <=> II IJI . ~ . 1J . II . ~ 1 II 1 - I - I - t ~~-~ FLORIDA DEPARTMENT OF STATE Sandra B. Mortham Secretary of State December 19, 1996 ATC ASSOCIATES INC 6600-1 YOUNGERMAN CIRCLE JACKSONVILLE, FL 32244 Subject: A TC ASSOCIATES INC REGISTRATION NUMBER: G96354900069 This will acknowledge the filing of the above fictitious name registration which was registered on December 19, 1996. This registration gives no rights to ownership of the name. Each fictitious name registration must be renewed every five years between July 1 and December 31 of the expiration year to maintain registration. Three months prior to the expiration date a statement of renewal will be mailed. IT IS THE RESPONSIBILITY OF THE BUSINESS TO NOTIFY THIS OFFICE IN WRITING IF THEIR MAILING ADDRESS CHANGES. Whenever corresponding please provide assigned Registration Number. Should you have any questions regarding this matter you may contact our office at (904) 488-9000. Reinstatement Section Division of Corporations Letter No. 896A00056682 Account number: 072100000032 Account charged: 50.00 Division of Corporations - P.O. BOX 6327 -Tallahassee, Florida 32314 -- -- III Q II1II Q . III -- =- . . rI . II . lA . II Submit with Proposal Form STATEMENT OF BIDDER'S QUAUFICA TIONS All questions must be answered and the data given must be clear and comprehensl\'c: The statement must be notanzed If necessary. questions may be answered on separate. atlached sheets. The bidder ma~' submll am' addlllOnal mlormatlon he deSires. A Name of bidder ~TC bro~s~\.c.e~J...<<:.. , ~ .1-- l-S ~\ . ~\Or\d'\ Permanentmainofficeaddressq:1E;S uw \\e - y~\~ ') ~\.J J(blt:l.. f\TI ~"SOC\M.~, ~~lf~ B C When orgaruzed Vq~ \ o If a corporation, where Incorporated \:'e\~ How many years have \'Ou been engaged In the contracting bUSiness under your present firm or trade name' Rct C J:: F Contracts on hand (schedule these, shOWing ~ount of each ~~~ct and the ?ppropnate anticipated oates of ~ _~O~I~) lX"d....,~ro. ~\.~I.JS\ I f'\"5\~~--s."150~CC>'\'Vle!eb lzlz't(4fS. '2..) (0..1' ~\I~\ ~ -:'S. lc:&~ C~'\e.'\Q. l?J.'Z~f . ~ ~ I+ZO i\,)Q ~ ~~ t2.\~'"\c.O-tpl~ 'Lc:::q 4' -:2- -Z~OOO . C\v;.\ ~~~ ,,~"I:!t- S~ ,~~ - -l' _11'"\ '" c.~~-~o rz l ~ e. - G. Bidder s FL Dept. of ProfeSSional Reglstrallon hcense number as a 'Pollutant Storage Svstem Specialty Contractor "c. COSh, S 3 \J~\;.~ "'\\1\,) g\~\I"ZooO. Background and e:-;penence of the prinCipal members ofbJ:carpzati.ql).,includIng the ofticers CSee. c.."'-ee w.S~e.s ~'\ cr.edit available -=see.~~ fT\C. ~(".eco:\\".}\.1~ ~"~~ ~w::>~ w,~ ~'2."'Z~\o..~~~~~~~ \ Give bank reference,~ ~ "Z,.C'IlX:)e~\.o~ ~~ .s'""2.O'D~ 4ltI'\f\lJcL,re""'" The construction supenntendent (attach resume) to be assigned to this project will be: ~~ \Jo..r-~ J ~ . (LIlsc:rtnamel . H Have you ever failed to complete an\' work awarded to you'? If so. where and why" \-.)0 I Have you ever defaulted on a contract') If so. where and why? ,",0 .r E:-;penence In construction work similar in type to this project. Provide a listing of similar prolect:; with a reference nJme and telephone number for each. <see ~~ "1?~ \.~ . K L M. N o Will you, upon request. fill out a detailed tinancial slatement and furnish an:-' other information that may be reqUired by the Boca Raton Airport Authontv'? U.t:- _ '~5 Contmued on ne:-;t page. L \P^,~l\BOC^\FFWREEO.d<'C P-13 -- 1'1 -- q III It III III ,. klJ .1 ., ....i ~~I .1 -, .1 -I III it Submit with Proposal Form The undersigned hereb\' authorizes and requests an~' person, firm or corporation to furnish an\' information requested bv the Boca Raton Airport AuthorIty In verification of the recitals comprISing this Statement of Bidder's Qualifications Dated at P\ \L b~ ~lV\'-ces ::s::;..x . this q~ day of \::::ec €J"I'...~ . 1998, Pt\(G~<;eu-;~-r..x. 6~\o..~ ~SO<:~~ n<=~ B,-:f!l~ Title \2..e~\)vPtL \J .~. p State of ~ \o~ 6'-'. County of \f\ 'i.o...t'C"\ - ~~ ~~~ '<- .~. L~~~~\ \J ";"{ e \==<-e'S>~-\- 'PrTC. G~ ~~:4..x". (NameofOrgamzatlon) and that the answers to the foregOing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this \::')@ Ce.H..~er c:s R ~& day of (Name) being duly sworn deposes and says that he is the (Title) of ,1998 ....~..~ EDWARD G. WARD ~~rJi.,\~ MY COMMISSION. CC 733623 I' ~.~~~; EXPIRES: April 13. 2002 "''(,iif..~'t., Bonded ThIu NolaI'( PullIic: UnMrwriI.rs x~/~ NOT AR Y PUBLIC My Conumssion E:-;pires: L IPAMIBOCAIFF>\'REEOdoc P-14 ..y.Alt' ASSOCIA TES INC. -,=NV1RONMENTAL GEOTECHNICAL AND MATERIALS f'ROFfSSIONALS CREDIT APPUCA nON INFORMATION -- q III ~ II III III ]I, ~l .1 ~I ., -, ., _I III _l CORPORATE OFFICE 104 E. 2Sth Street 10th Floor New Yorlc. NY 10010-2917 TEL (212)353-8280 FAX: (212)3053-8306 ADMINISTRATIVE OFFICE PO Box 1148 1515 East 10th Street Sioux Falls. SO 57101-1148 TEL; (605)338-Q555 FAX: (605)338-2098 .ENVIRONMENTAL CONSULTING COMPANY .STARTED -1981, INCORPORATED IN DELAWARE -1981 PRESIDENT - NICHOLAS J. MAUNO CHIEF OPERATING OFFICER - CHRISTOPHER P. VINCZE FEDERAL 10#: 46-0399408 DUNS#: 03-493-0156 8ANKING REFERENCES/CREDIT REFERENCES First National Bank 2505 West 41 st Street PO Drawer 1186 Sioux Falls, SO 57117-1186 Checking Ac:::, #: 201-904- 'i Savings Ace:. #: 2700938 Atlantic Bank of .'Jew Vorl< 960 Avenue of the ..l,mer.cas New York, NY iOCQl The Chase Manhattan Bank 2100 Bartow Avenue 3rd Floor Bronx. NY 10475 Hawalt - McDowell Insurance. Inc, 225 South Minnesota Avenue Sioux Falls. SO 57117-5113 TE!... (605)339-38 i 4 SMW FinanCIal Serllces PO Box 288 Hilliard, OH 43026-9988 Acct#: 3000117362 TEL: (800)578-5CCO FAX: (800)820-4259 TRADE REFERENCES: US Dosimetry Tech 660A George Washington Way Ric",land. WA 99352 TEL (509)946-8738 FAX; (509)943-2710 WJR SCIentific PO Box 640169 Pittsburgh, PA 15264-0159 Acct #: 74-039068 TEL (800)275-1727 FAX: (770)919-8218 Con-Test Attn: Cathie Morsch 39 Spruce Street. 2nd Floor East Longmeadow. MA 01028 TEL: (413)525-2332 FAX: (413)525-6405 Environmental Sampling Supply 9601 San Leandro Street Oakland. CA 94603 TEL (510)562-4988 FAX: (510)562-4587 INSURANCE CHECK LIST XXX I. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1.000.000,00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications), XXX 3, Automobile Liability - $1,000,000 each occurrence - ownedlnon-ownedlhired automobiles included, 4, Excess Liability - $ ,00 per occurrence to follow the primary coverages, XXX 5, The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. ~ ~ ~..r:.. .t=~.L ~ \. ~;..:..:..-"~ ';"--~t~~ <'.:>-~ll.-?"""""'-'.:~1- ~ --..~-::...:.--::-::. 6. Other Insur~c: as i~dicate3: -:. ""'-~ - A.;TrA"~\ -.:-:::, _ Builders Risk completed value _ Liquor Liability _ Fire Legal Liability _ Protection and Indemnity _ Employee Dishonesty Bond Other $ $ $ $ $ $ .00 ,00 .00 .00 .00 .00 XXX 7, Thirty (30) days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the bid number and title rP<>~'=-= '''1':;:>;;-.4 c.o.J\e~ ,o..,---'~.J,":::, BIDDER AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and that evidence of this insurance may be required within five (5) days after bid opening. P0-c~~~~, _f\-TL bm..?~ Bidder Bid #43-98/99 City of Miami Beach 14 ... A CORD~IEBmIItIGAmlEC>ItIillI~BIl.wlmMIN~~."'ClE.< ~'<::':':~:-:':':':-:-:-:':':':':'-:-:':':';'>""""":...:_:...~.:.}::::i:~<<~::r::::::::::(?:::";:::::::::::::;:::::;:::;:;:::::::::;::;:::::::::::::::::'::::::::::::::::::::::::::::;:::;;::::::;:?::::::::::::::::::>:;:;:;::::::::;:::::::;::::::;:;:;>:;..;.;. PRODUCER (86()) 676~3()73 . 'FAX(866)6i6~22i7 ... entworth-DeAngelis, Inc, ~ 74 Batterson Park Road P.O. Box 1068 Farmington, CT 06034-1068 . Attn: .. INSURED ATC Group Services, Inc. ATEC Associates, Inc. 9955 N.W. 116th Way-Suite 1 Miami, FL 33178 1 DATE (MM/ODIYY) 12/14/1998 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW, COMPANIES AFFORDING COVERAGE Commerce & Industry Ext: COMPANY A COMPANY B American Home COMPANY C COMPANY D 1 co LTR . A ,,- II A A I INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MMlDDIYY) DATE (MMlDDIYY) LIMITS GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR 417 75 32 OWNER'S & CONTRACTOR'S PROT X Cont ractua 1 L i ab. X X,C,U AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON-OWNED AUTOS 766 56 60 GARAGE LIABILITY ANY AUTO II EXCESS LIABILITY A X UMBRELLA FORM 606 23 46 i OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY B THE PROPRIETOR! 588 60 24 PARTNERS/EXECUTIVE X INCL , I OFFICERS ARE: EXCL OTHER Professional Liability A (Claims-Made) 7619180 I II DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS rofessional Liability includes Contractors Pollution Liability-Limit $10,000,000. *Per Project Aggreg. Fuel Storage and Dispensing Facility #4828106. Boca Raton Aviation Authority and Kimley-Horn and ssociates, Inc. are named as additional insureds. Waiver of Subrogation applies for Workers Compo Boca Raton Aviation Authority 3700 Airport Road Suite 204 Boca Raton, FL 33431 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ....lO..- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBliGATION OR LIABiliTY .!'~c~~~~71~'.~I~!!'~"~II!!..!IIIIIILEji~l.mm ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE _ entworth-DeAnge 1 is, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ~ 74 Batterson Park Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P . O. Box 1068 COMPANIES AFFORDING COVERAGE Farmi ngton, a 06034-1068 COMPANY Commerce & Industry II Attn: Ext: A INSURED. COMPANY Ameri can Home ATC Group Servlces, Inc. B ATEC Associates, Inc. 9955 N.W. 116th Way-Suite 1 Mi ami, FL 33178 ~ COMPANY C Granite State COMPANY D 119PYB~91?!;:;:::::,::'::::::O::::)::::!::::: ....THlsisi6cefmFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR QTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, I EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MMlDDIYY) DATE (MMlDDIYY) . GENERAL LIABILITY : GENERAL AGGREGATE $ ..2.,,,9.9Q,, 0.9.9 X COMMERCIAL GENERAL LIABILITY : PRODUCTS.COMP~PAGG $ 2,000,00( CLAIMS MADE X OCCUR : : PERSONAL & ADV INJURY $ ..... ..~",o.9.9..,..Qo.( A 417 75 32 OS/23/1998 06/01/1999 ........................... ...... I OWNER'S & CONTRACTOR'S PROT : : EACH OCCURRENCE S 1,000,00( X Contractual Liab. : FIRE DAMAGE (Anyone fire) S ,Jo.o.,99( .......................................... .................. X X,C,U : MED EXP (Anyone person) S 5,00( AUTOMOBILE LIABILITY , X COMBINED SINGLE LIMIT S ANY AUTO 1 , 000 ,OOC ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS (Per person) A X 766 56 60 OS/23/1998 0,6/01/1999 it HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PROPERTY DAMAGE S - GARAGE LIABILITY AUTO ONLY. EA ACCIDENT S ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT S - AGGREGATE S EXCESS LIABILITY EACH OCCURRENCE """"',',,', ~o." 0.9.9,?, 0.0.0. A X UMBRELLA FORM .606 23 46 OS/23/1998 06/01/1999 AGGREGATE 10,000,000 , OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND X TORY LIMITS: EMPLOYERS' LIABILITY B 588 60 24 OS/23/1998 06/01/1999 : EL EACH ACCIDENT S ,599.." 0. 0. 0. THE PROPRIETOR! . . . . . . . . . . . . . ....... I PARTNERSlEXECUTIVE 'X : INCL : : EL DISEASE - POLICY LIMIT $ 500,000 OFFICERS ARE: . EXCL: : EL DISEASE. EA EMPLOYEE S 500,000 OTHER Installation Floater Install Floater-S165 ,000 at one C and Builders Risk CPP709-59-27 OS/23/1998 06/01/1999 I site/Builders Risk-S100,000 Deductible - Sl,OOO each DESCRIPTION OF OPERA TIONSlLOCA TIONSNEHICLESlSPECIAL ITEMS rofessional Liability includes Contractors Pollution Liability-Limit S10,000,000. *Per Project Aggreg. E: Fuel Storage and Dispensing Facility #4828106. Boca Raton Aviation Authority and Kimley-Horn and ssociates, Inc. are named as First Named Insureds under the Builders Risk Policy ATlMA. I - Boca Raton Aviation Authority 3700 Airport Road Suite 204 Boca Raton, FL 33431 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE COMPANY, ITS AGENTS OR REPR AUTHORIZED REPRESE TIVE IVES, .;:) I~I c: ur rL-vnIU~ DEPARTMENT OF nUSINESS AND PROFESSIONAL REGULATION CONST INDUSTRY LICENSING DOARD 7960 ARLINGTON EXPRESSWAY SUITE 300 JACKSONVILLE ( ':;)c"4 .' FL 32211-7467 ATC GROUP SERVICES INC 9955 NW 116 WAY SUITE 1 MIAMI FL 33178-5129 ." STATE OF FLORIDA AC# 508 7 c: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION QB -0009681 04/14/1998 970374 QUALIFIED BUSINESS ORGANIZATIO ATC GROUP SERVICES INC (NOT A LICENSE TO PERFORM WORK ALLOWS COMPANY TO DO BUSINESS IT HAS A LICENSED QUALIFIER, ) I S QUAL I F I ED under lhe provIsIOns 01 Ch 489 Expirabon Dale: AUG 31, 1999 DATE ,. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ '_ _ _D~A~H_ H~~E _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ AC# 50 8 797 4 STATE OF F~pR~R~I<": '';'~':'~:I'''::~~' . DEPARTMENT OF BUSINESS AND PROF;ESSIONAL,REGULATION ~ CONST INDUSTRY LICENSING BOARD . '~l i~:11[1h"I'll:~ I I CFN"'F I>l~" .1114/1998197037423 J GB -0009681 ~:ed ~~w: NESS OR GAN I Z AT I ON ~r f!1e provlsl6.s a~:p~e? F l~~ FS. _ ration date: AUG 31, 1999 ( HIS IS NOT A LICENSE TO PERFORM WORK, THIS ALLOWS THE -,OMPANY TO DO BUSINESS ONLY IF IT HAS A QUALIFIER, ) - .,TC rrROUP SER'.nCES INC ";955 NW 116 WAY SUITE 1 .AMI FL 33178-5129 a~rION CH1LES \.;;u'JERi'JQ" DISPLAY AS REQUIRED BY LAW RICHARD T. FARRELL SECRETt,RY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATiON CONST INDUSTRY LICENS!NG BOARD 7960 ARLINGTON EXPRESSWAY SUITE 300 JACKSONVILLE FL 32211-7467 (9G4i .'~~"'~ II 11 III q . . III .. ,. III: ATC ASSOCIATES INC 9955 NW 116TH WAY SUITE 1 MIAMI FL 33178-5129 . STATE OF flORIDA ACt 5 0 is "( . 'DEPARTMENT OF BUSINESS Al\ PROFESSIONAL REGULATION GD -0009682 04/14/1998 9703/ QUALIFIED BUSINESS ORGANIZATI ATC ASSOCIATES INC (NOT A LICENSE TO PERFORM WOF ALLOWS COMPANY TO DO BUSINESE IT HAS A LICENSED QUALIFIER, ) IS QUALIFIED underltleproVlSlonsofCh, 4SS Expiration Date: AUG 31, 1999 ~i DETACH HERE ~ .-------------------------------------------------------- .'5 08 I9 7 5 DEPARTMEN~' O~"B;'S ;~~:E f:DF~~~~~I;hNAL'~E~~:~~ ION . , ',," . 'CONST -INDUSTRY LICENSING BOARD ,.~,:. rI:-"~'i :'~W'l:lillll'JI:13:~ H~FI\J~F NRR LIIl/14/1998 197037423 ~I GB -0009682 .!.h~ed ~.wJiI NESS OR GAN I Z AT I ON ;der the proylsJ.I~ o~'taJ F l~~ FS. "-lPlratlon date: AUG 31, 1999 (THIS IS NOT A LICENSE TO PERFORM WORK. TH!S ALLOWS THE A:OMPANY TO DO BUSINESS ONLY IF IT HAS A QUALIFIER, ) ATC ASSOCIATES INC ~il955 NW 116TH WAY SUITE 1 .'HAMI FL 33178-5129 II:.AWTON CHILES GDVEFnJOR DISPLAY AS REQUIRED BY LAW RICHARD T, FARREL c:;r-rRT=T t\R Y STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONST INDUSTRY LICENSING BOARD 7960 ARLINGTON EXPRESSWAY SUITE 300 ~ACKSONVILLE FL 32211-7467 (904) 727-6530 WARD, EDWARD GREEN ATC GROUP SERVICES INC 9955 NW 116TH WAY SUITE #1 MIAMI FL 33178-5126 DETACH HERE ------------------------------------------------------------ Ac#54 77012 STATE OF.FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONST INDUSTRY LICENSING BOARD r -1- ~1l":lilIJI'II'lj;~ LICENSE NBR ~2/15/19~8021350 JpC -C049502 The POLLUTANT STORAGE SYSTEMS CONTRACTOR Named below IS .CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2000 WARD, EDWARD GREEN ATC GROUP SERVICES INC 9955 NW 116TH WAY SUITE #1 MIAMI FL 33178-5126 JEB BUSH GOVERNOR DISPLAY AS REQUIRED BY LAW CYNTHIA A. HENDERSON SECRETARY 1-;'1 :"J\nn :"1 C.) .$"D S-:)f-'....... :r 'oJ......I r,j m ...JO",; J Jl . 0....... III 'J'lO~ ~ or j C; ,) ,') '~l)~~~;;~z~::;g \-1' -i ,) ~ ~S~gr 8~~~o~ ~ ~ JIoEC?i~~N Oi~~ l/l ct1 (;") ~~8~~U1~~ ~;~ ~ 2..~ I_dIlUlm_OZ -<o>ITl CD (J ""',:",-<mm~llC) O~r- (1 ~ C H;5' \J 1>-~ ,"'VI -i in -< .:0 'C .~~ ) 2> d ~-l ~-i ;.:.. ~lr'(1 .:~. Tl , ".-i l..-) Z. :~~ ,,) fl.:?:l> J , ,e ~.....D ,......H~Z ',JI1' OV) i-' ,n .....~'J,;Q 0 .IH> )j <: 0 -<'11.-1 z (eli/ 0 ~ ".., VI 0 JJ ~ :E z ~ '/ ~ ~ '11 ('j or: J> L. 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I T: "D " z t'-:: iT: ..,.., ,<" '_1 1.) rT! ::1; c..:, r, iJ.:: Z o -i o 1] :" r, c' -i (F f"l..> COT :+ T .~ rr: o G:: ~ -i (0 J: -; L' ::D ',; I:. -!-; .4 ..J:: '.1': " -i 1.) r:, ,- 'J.: -: ,-, D ~c Co ~ "- -j ~: "l' :.-: Z (0 , I I' ;:0 I' T en I> :f: ,- o J') ,..) 2 J> iT, -i " z .:r iT: rn iT: ' , _ :u :'1"' -i :..:..-: I _ iT! ;:r:: " iT' ~.: J] I I:. o z T ,--" :3 rn I', (0 m J:' < =-z O-Z ?: rI; , ZO I~ "T'j ~, rn U) \ -43 ::rJrn L' -; "::r___,',,. ~~ r_ ::) :....; DD -.!:: :T1rn 14} o (":', :uO -<C 2 co -; 0) / ."['u~'}~ . ".: 9.1 . ",.," ., ~ ~. -. .A ,.. ..~.. ~ .. - ~ri. .' . ~,. c~; WI. "1~ STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONST INDUSTRY LICENSING BOARD (904) 727-6530 7960 ARLINGTON EXPRESSWAY SUITE 300 JACKSONVILLE FL 32211-7467 STEWART. JAMES F ATC GROUP SERVICES INC 8430 NW 27TH PLACE SUNRISE FL 33322 ------------------------------------------~---------------- DETAC'H HERE AC# 5 4766 4 6 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION . CONST INDUSTRY LICENSING BOARD E Ht~:lilll,',I'lj;~ LICENSE NBR ~2/15/1999 __8021332 JCG -C060358 The GENERAL CONTRACTOR Namedbelow IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2000 DATE STEWART, JAMES F ATC GROUP SERVICES INC 8430 NW 27TH PLACE SUNRISE FL 33322 JEB BUSH GOVERNOR DISPLAY AS REQUIRED BY LAW CYNTHiA A. HENDERSON SECRETARY OAOE COUNTY TAX COLLECTOR 140 W, FLAGLER ST, 14th FLOOR MIAMI, FL 33130 1998 OCCUPATIONAL LICENSE TAX 1999 MIAMI-DADE COUNTY - STATE OF FLORIDA EXPIRES SEPT. 30, 1999 MUST BE DISPLAYED AT PLACE OF BUSINESS PURSUANTTO COUNTY CODE CHAPTER 8A - ART, 9 & 10 4C35:-<;-8 BUSINESS NAME I LOCA TION ATC GRCUP Sr:RVrCES TNC 995~ NW 116 WA)' 3317E UNIN CADE CrU~T~ OWNER ATC GRCUP SERVICES INC Sec. Type of Business 196 GENr:~Al BUlLr.ING THIS IS AN OCCUPATIONAL TAX ONL y, IT ODES NOT PERMIT THE LICENSEE TO VIOLATE ANY EXISTING REGULATORY OR ZONING LAWS OF THE COUNTY OR cmES, NOR DOES IT EXEMPT THE L/CENSEE FROM ANY OTHER LICENSE OR PERMIT REQUIRED BY LAW, THIS IS NOT A CERn. FICA TlON OF THE LICENSEE'S QUAL/FlCA_ nON, PA "'MENT RECEIVED DADE COUNTY TAX COl.UCTOR: 02/('1/1999 020018001 000075.00 SEE OTHER SIDE FIRST-CLASS U,S, POSTAGE PAID MIAMI, FL PERMIT NO, 231 1 NEW LICENSE NO, 4 211 70- 2 STATE #CGC060358 WORKERS 1 DO NOT FORWARD ATC CQCUF S~~VIC~S STE~.A~1 J.\~_!CS c: 995: N~ 116 WAY ~1 MIft~I FL 331/9 INC 33178X1152 73 .."...'.'.-..-...-.-....--., ~_.__._-~ -- INVITATION TO BID FUEL STORAGE SYSTEM RETROFITTING BID #43-98/99 BID OPENING: March 31, 1999 AT 3 :00 PM Michael A. Rath, CPPB, Procurement Director City of Miami Beach - Procurement Division 1700 Convention Center Drive Miami Beach, FL 33139 Bid #43-98/99 City of Miami Beach CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 O I NO 43 98/99 PROCUREMENT DIVISION INVIT A TION T B D I .. - '1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 TELEPHONE: (305) 673-7490 SUNCOM: (305) 933-7490 FAX: (305) 673-7851 Sealed bids will be received by the City of Miami Beach Procurement Director, 1700 Convention Center Drive, Miami Beach. Florida, 33139, until 3:00 P.M. on the 31st day of March, 1999 for: CITY OF MIAMI BEACH FUEL STORAGE SYSTEM RETROFITTING 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. A pre-bid conference will be held on March 15, 1999 at 10:00 A.M., at the City of Miami Beach, City Hall, 4th Floor, Public Works Conference Room, 1700 Convention Center Drive, Miami Beach, FL. At that conference all work will be discussed and all questions answered. 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. Specifications may be obtained upon request from the Procurement Division, telephone number (305) 673-7490, Bid Clerk. You are hereby advised that this Invitation to Bid is subject to the "Cone of Silence, " in accordance with Ordinance 99-3164. From the time of advertising until the City Manager issues his recommendation, there is a prohibition on communication with the City's professional staff. The ordinance does not apply to oral communications at pre-bid conferences, oral presentations before evaluation committees, contract discussions during any duly noticed public meeting, public presentations made to the City Commission during any duly noticed public meeting, contract negotiations with the staff following the award of an RFP, RFQ, RFLI, or bid by the City Commission, or communications in writing at any time with any city employee, official, or member of the City Commission unless specifically prohibited. A copy of all wTitten communications must be filed with the City Clerk. Violation of these provisions by any particular bidder or proposer shall render any RFP award, RFQ award, RFLI award, or bid award to said bidder or proposer void, and said bidder or proposer shall not be considered for any RFP, RFQ, RFLI or bid for a contract for the provision of goods or services for a period of one year. Bid #43-98/99 City of Miami Beach 2 Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing by mail or facsimile to the Procurement Department, 1700 Convention Center Drive, Miami Beach, FL 33139 FAX: (305) 673-7851. The bid title/number shall be referenced on all correspondence. All questions must be received no later than fifteen (15) 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. NO QUESTIONS WILL BE RECEIVED VERB ALL Y OR AFTER SAID DEADLINE. 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. CITY OF MIAMI BEACH ~Q{Q Michael A. Rath, CPPB Procurement Director Bid #43-98/99 City of Miami Beach 3 FUEL STORAGE SYSTEM RETROFITTING BID #43-98/99 1.0 GENERAL CONDITIONS 1.1 SEALED BIDS: Original copy of Bid Form as well as any other pertinent documents must be returned in order for the bid to be considered for award, All bids are subject to the conditions specified hereon and on the attached Special Conditions, Specifications and Bid Form. The completed bid must be submitted in a sealed envelope clearly marked with the Bid Title to the City of Miami Beach Procurement Director, 3rd floor, 1700 Convention Center Drive, Miami Beach, Florida 33139. Telegraphic bids will not be accepted, 1.2 EXECUTION OF BID: Bid must contain a manual signature of an authorized representative in the space provided on the Bid Form. Failure to properly sign bid shall invalidate same and it shall NOT be considered for award. All bids must be completed in pen and ink or typewritten. No erasures are permitted. If a correction is necessary, draw a single line through the entered figure and enter the corrected figure above it. Corrections must be initialed by the person signing the bid, Any illegible entries, pencil bids or corrections not initialed will not be tabulated. The original bid conditions and specifications CANNOT be changed or altered in any way, Altered bids will not be considered. Clarification of bid submitted shall be in letter form, signed by bidders and attached to the bid. 1.3 NO BID: If not submitting a bid, respond by returning original copy of Bid Form, marking if "No Bid", and explain the reason. Repeated failure to bid without sufficient justification shall be cause for removal of a supplier's name from the bid mailing list. NOTE: A bidder, to qualifY as a respondent, must submit a "no bid" and same must be received no later than the stated bid opening date and hour. 1.4 PRICES QUOTED: Deduct trade discounts and quote firm net prices. Give both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices must be F.O.R destination, freight prepaid (unless otherwise stated in special conditions). Discounts for prompt payment. Award, ifmade, will be in accordance with terms and conditions stated herein. Each item must be bid separately and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of bides). 1.5 TAXES: The City of Miami Beach is exempt from all Federal Excise and State taxes. State Sales Tax and Use Certificate Number is 04-00097-09-23 1.6 MISTAKES: Bidders are expected to examine the specifications, delivery schedules, bid prices and extensions and all instructions pertaining to supplies and services, Failure to do so will be at the bidder's risk. 1.7 CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be the latest new and current model offered (most current production model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. Bid #43-98/99 City of Miami Beach 4 1.8 UNDERWRITERS' LABORATORIES: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall be U,L. listed or re-examination listing where such has been established by U,L. for the item(s) offered and furnished. 1.9 BIDDER'S CONDITIONS: The City Commission reserves the right to waive irregularities or technicalities in bids or to reject all bids or any part of any bid they deem necessary for the best interest of the City of Miami Beach, FL. 1.10 EQUIVALENTS: Ifbidder offers makes of equipment or brands of supplies other than those specified in the following, he must so indicate on his bid, Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer, Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s) offered conform with or exceed quality as listed in the specifications. Bidder shall indicate on the bid form the manufacturer's name and number ifbidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed. Other than specified items offered requires complete descriptive technical literature marked to indicate detail(s) conformance with specifications and MUST BE INCLUDED WITH THE BID, NO BIDS WILL BE CONSIDERED WITHOUT THIS DATA. Lacking any written indication of intent to quote an alternate brand or model number, the bid will be considered as a bid in complete compliance with the specifications as listed on the attached form. 1.1 I (NOT USED) 1.12 (NOT USED) 1.13 NON-CONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications, Item delivered, not conforming to specifications, may be rejected and returned at vendor's expense. These items and items not delivered as per delivery date in bid and/or purchase order may be purchased on the open market. Any increase in cost may be charged against the bidder. Any violation of these stipulations may also result in: A) Vendor's name being removed from the vendor list. B) All departments being advised not to do business with vendor, 1.14 SAMPLES: Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder's expense. Bidders will be responsible for the removal of all samples furnished within (30) days after bid opening, All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with bidder's name, Failure of bidder to either deliver required samples or to clearly identify samples may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139, 1.15 DELIVERY: Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery time may become a basis for making an award, Delivery shall be within the normal working hours of the user, Monday through Friday, excluding holidays. Bid #43-98/99 City of Miami Beach 5 1.16 INTERPRETATIONS: Unless otherwise stated in the bid, any questions concerning conditions and specifications should be submitted in writing to the Procurement Director, 1700 Convention Center Drive, Miami Beach, FL 33139, Fax (305) 673-7851. 1.17 (NOT USED) 1.18 (NOT USED) 1.19 AWARDS: In the best interest of the City of Miami Beach, the City Commission reserves the right to reject all bids or any portion of any bid they deem necessary for the best interest of the City; to accept any item or group of items unless qualified by the bidder; to acquire additional quantities at prices quoted on the Bid Form unless additional quantities are not acceptable, in which case the Bid Form must be noted "BID IS FOR SPECIFIED QUANTITY ONL Y", All awards made as a result of this bid shall conform to applicable Florida Statutes. 1.20 BID OPENING: Bids shall be opened and publicly read on the date, time and place specified on the Bid Form. All bids received after that time shall be returned, unopened. 1.21 INSPECTION, ACCEPTANCE & TITLE: Inspection and acceptance will be at destination unless otherwise provided. Title t%r risk of loss or damage to all items shall be the responsibility of the successful bidder until acceptance by the buyer unless loss or damage result from negligence by the buyer. If the materials or services supplied to the City are found to be defective or not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return product at bidder's expense. 1.22 PAYMENT: Payment will be made by the City after the items awarded to a vendor have been received, inspected, and found to comply with award specifications, free of damage or defect and properly invoiced. 1.23 DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the buyer shall be final and binding on both parties, 1.24 LEGAL REQUIREMENTS: Federal, State, county and city laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. 1.25 (NOT USED) 1.26 (NOT USED) 1.27 PATENTS & ROYALTIES: The bidder, without exception, shall indemnify and save harmless the City of Miami Beach, Florida and its employees from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by The City of Miami Beach, Florida, If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. Bid #43-98/99 City of Miami Beach 6 1.28 OSHA: The bidder warrants that the product supplied to the City of Miami Beach, Florida shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be considered as a breach of contract. Any fines levied because of inadequacies to comply with these requirements shall be borne solely by the bidder responsible for same. 1.29 SPECIAL CONDITIONS: Any and all Special Conditions that may vary from these General Conditions shall have precedence. 1.30 ANTI-DISCRIMINATION: The bidder certifies that he/she is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin, 1.31 AMERICAN WITH DISABILITIES ACT: Call (305) 673-7490NOICE to request material in accessible format; sign language interpreters (five days in advance when possible), or information on access for persons with disabilities. 1.32 QUALITY: All materials used for the manufacture or construction of any supplies, materials or equipment covered by this bid shall be new, The items bid must be new, the latest model, of the best quality, and highest grade workmanship. 1.33 (NOT USED) 1.34 LIABILITY, INSURANCE. LICENSES AND PERMITS: Where bidders are required to enter or go onto City of Miami Beach property to deliver materials or perform work or services as a result of a bid award, the successful bidder will assume the full duty, obligation and expense of obtaining all necessary licenses, permits and insurance and assure all work complies with all applicable Dade County and City of Miami Beach building code requirements and the South Florida Building Code. The bidder shall be liable for any damages or loss to the City occasioned by negligence of the bidder (or agent) or any person the bidder has designated in the completion of the contract as a result of his or her bid. 1.35 BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE: Bid Bonds, when required, shall be submitted with the bid in the amount specified in Special Conditions. After acceptance of bid, the City will notify the successful bidder to submit a performance bond and certificate of insurance in the amount specified in Special Conditions. 1.36 DEFAULT: Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such award is made, may result in forfeiture of that portion of any bid surety required equal to liquidated damages incurred by the City thereby, or where surety is not required, failure to execute a contract as described above may be grounds for removing the bidder from the bidder's list. 1.37 CANCELLATION: In the event any of the provisions of this bid are violated by the contractor, the Procurement Director shall give written notice to the contractor stating the deficiencies and unless deficiencies are corrected within ten (l0) days, recommendation will be made to the City Commission for immediate cancellation. The City Commission of Miami Beach, Florida reserves the right to terminate any contract resulting from this invitation at any time and for any reason, upon giving thirty (30) days prior written notice to the other party. 1.38 BILLING INSTRUCTIONS: Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted In DUPLICA TE to the City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139 Bid #43-98/99 City of Miami Beach 7 1.39 (NOT USED) 1.40 (NOT USED) 1.41 NOTE TO VENDORS DELIVERING TO THE CITY OF MIAMI BEACH: Receiving hours are Monday through Friday, excluding holidays, from 8:30 A.M. to 5:00 P.M, 1.42 SUBSTITUTIONS: The City of Miami Beach, Florida WILL NOT accept substitute shipments of any kind. Bidder(s) is expected to furnish the brand quoted in their bid once awarded. Any substitute shipments will be returned at the bidder's expense. 1.43 FACILITIES: The City Commission reserves the right to inspect the bidder's facilities at any time with prior notice. 1.44 BID TABULATIONS: Bidders desiring a copy of the bid tabulation may request same by enclosing a self-addressed stamped envelope with the bid. 1.45 AWARD CHALLENGE: All costs accruing from a bid or an award challenged as to quality, etc. (tests, etc.) shall be assumed by the challenger, All bid challenges are to be in writing and filed with the Procurement Director. The Procurement Director will notify challenger of the cost and time necessary for a written reply to the challenger. ' 1.46 (NOT USED) 1.47 (NOT USED) 1.48 CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS: If any person contemplating submitting a Bid under this Solicitation is in doubt as to the true meaning of the specifications or other Bid documents or any part thereof, the Bidder must submit to the City of Miami Beach Procurement Director at least fifteen (I5) calendar days prior to scheduled Bid opening, a request for clarification. All such requests for clarification must be made in writing and the person submitting the request will be responsible for its timely delivery. Any interpretation of the Bid, ifmade, will be made only by Addendum duly issued by the City of Miami Beach Procurement Director. The City shall issue an Informational Addendum if clarification or minimal changes are required. The City shall issue a Formal Addendum if substantial changes which impact the technical submission of Bids is required. A copy of such Addendum shall be sent by mail or facsimile to each Bidder receiving the Solicitation. In the event of conflict with the original Contract Documents, Addendum shall govern all other Contract Documents to the extent specified, Subsequent addendum shall govern over prior addendum only to the extent specified. The Bidder shall be required to acknowledge receipt of the Formal Addendum by signing in the space provided on the Bid Proposal Form. Failure to acknowledge Addendum shall deem its Bid non-responsive; provided, however, that the City may waive this requirement in its best interest. The City will not be responsible for any other explanation or interpretation made verbally or in writing by any other city representative, Bid #43-98/99 City of Miami Beach 8 1.49 DEMONSTRATION OF COMPETENCY: I) Pre-award inspection of the Bidder's facility may be made prior to the award of contract. Bids will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial support, equipment and organization to insure that they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the City of Miami Beach. 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder. including past performance (experience) with the City in making the award in the best interest of the City, 3) The City may require Bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier which is the actual source of supply, In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supplies to the City through the designated representative, Any conflicts between this material information provided by the source of supply and the information contained in the Bidder's Proposal may render the Bid non-responsive, 4) The City may, during the period that the Contract between the City and the successful Bidder is in force, review the successful Bidder's record of performance to insure that the Bidder is continuing to provide sufficient financial support, equipment and organization as prescribed in this Solicitation. Irrespective of the Bidder's performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful Bidder no longer possesses the financial support, equipment and organization which would have been necessary during the Bid evaluation period in order to comply with this demonstration of competency section. 1.50 AWARD OF CONTRACT: A) The contract will be awarded to the lowest responsive, responsible Bidder(s) whose Bid(s), conforming to the Solicitation, is most advantageous to the City of Miami Beach. The lowest responsive, responsible Bidder(s) will be determined in conjunction with the method of award which is described in the Special Conditions. Tie Bids will be decided as described in Special Conditions, B) The City shall award a contract to a Bidder through action taken by the City of Miami Beach City Commission at a duly authorized meeting, This action shall be administratively supported by a written award of acceptance (Purchase Order), mailed or otherwise furnished to the successful Bidder; which shall constitute a binding contract without further action by either party, C) The General Terms and Conditions, the Special Conditions, the Technical Specification, the Bidder's Proposal and the Purchase Order are collectively an integral part of the contract between the City of Miami Beach and the successful Bidder. D) While the City of Miami Beach City Commission may determine to award a contract to a Bidder(s) under this Solicitation, said award may be conditional on the subsequent submission of other documents as specified in the Special Conditions. The Bidder shall be in default of the contractual obligations if any of these documents are not submitted in a timely manner and in the form required by the City. If the Bidder is in default, the City, through the Procurement Director, will void its acceptance of the Bidder's offer and may determine to accept the offer from the second lowest responsive, responsible Bidder or re-solicit Bids. The City may, at its sole option, seek monetary restitution from the Bidder as a result of damages or excess costs sustained and/or may prohibit the Bidder from submitting future Bids for a period of one year. E) The Term of the Contract shall be stipulated in the Purchase Order which is issued to the successful Bid #43-98/99 City of Miami Beach 9 Bidder(s). Where there is a conflict between the contractual period stipulated in the Solicitation and the contractual period stipulated on the Purchase Order, the Purchase Order shall prevail. If the contract involves a single shipment of goods to the City, the contract term shall be concluded upon completion of expressed and implied warranty periods, F) The City reserves the right to exercise the option to renew a term contract of any successful Bidder(s) to a subsequent optional period; provided that such option is stipulated in the Special Conditions. If the City exercises the right in writing, the Bidder shall update and submit any legal documents required during the initial Solicitation by no later than sixty (60) calendar days prior to the commencement of the option period. These documents, which are specified in the Special Conditions and include, but are not limited to, insurance certificates and performance bonds, must be in force for the full period of the option, If the updated documents are not submitted by the Bidder in complete form within the time specified, the City may rescind its option, declare the Bidder to be in default of its contractual obligations and award to the next low bidder or seek a new bid Solicitation, The City may, at its sole option, seek monetary restitution from the Bidder as a result of damages or excess cost sustained and/or may prohibit the Bidder from submitting future Bids for a period of one year. G) The City reserves the right to automatically extend this contract for a maximum period not to exceed ninety (90) calendar days in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated and/or awarded. If this right is exercised, the City shall notify the Bidder, in writing, of its intent to extend the contract for a definitive period of time prior to the effective date of the extension. By affixing its authorized signature to this Bid Form, the Bidder hereby acknowledges and agrees to this right. 1.51 ASSIGNMENT: The contractor shall not assign, transfer, convey, sublet or otherwise dispose of this contract, including any or all of its right, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of the City of Miami Beach, 1.52 LAWS, PERMITS AND REGULATIONS: The bidder shall obtain and pay for all licenses, permits and inspection fees required for this project; and shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herein. 1.53 OPTIONAL CONTRACT USAGE: As provided in Section 287,042 (17), Florida Statutes, other State agencies may purchase from the resulting contract, provided the Department of Management Services, Division of Procurement, has certified its use to b~.cost effective and in the best interest of the State. Contractors have the option of selling these commodities or services certified by the Division to the other State agencies at the agencies option. 1.54 SPOT MARKET PURCHASES: It is the intent of the City to purchase the items specifically listed in this bid from the awarded vendor, However, items that are to be "Spot Market Purchased" may be purchased by other methods, i.e. Federal, State or local contracts. 1.55 (NOT USED) Bid #43-98/99 City of Miami Beach 10 FUEL STORAGE SYSTEM RETROFITTING BID #43-98/99 2.0 SPECIAL CONDITIONS 2.1 PURPOSE: The purpose of this bid is to establish a contract, by means of sealed bids, for Fuel Storage System Retrofitting for the Public Works Department as specified herein, from a source(s) of supply that will give prompt and efficient service, 2.2 TERM OF CONTRACT: N/A 2.3 METHOD OF AWARD: Each location specified in this bid could be awarded on an individual basis, so each price quoted on the bid form must be capable of standing alone and not be dependent on award of entire contract. Please state on the Bid Form a total if all locations are awarded to a single bidder. 2.4 PAYMENT: Payment will be made upon fmal completion of this project. The City will pay the contract price minus any liquidated damages and/or other damages to the Contractor upon final completion and acceptance. 2.5 COMPLETION TIME: Final completion shall be achieved one-hundred and twenty (120) calandar days from the Notice to Proceed. 2.6 ADDITIONS/DELETIONS OF FACILITIES:N/A 2.7 PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT: If the bidder is awarded a contract under this bid solicitation, the prices quoted by the bidder on the Bid Form shall remain fixed and firm during the term of this contract; provided, however, that the bidder may offer incentive discounts from this fixed price to the City at any time during the contractual term. 2.8 PRE-BID CONFERENCE/SITE INSPECTION: A pre-bid conference will be held on March 15, 1999 at 10:00 A.M., at the City of Miami Beach, City Hall, 4th Floor, Public Works Conference Room, 1700 Convention Center Drive, Miami Beach, FL. At that conference all work will be discussed and all questions answered. No questions will be answered except at the pre-bid conference. You may submit questions in writing to be received prior to the pre-bid conference to: Procurement Director, City of Miami Beach, 1700 Convention Center Drive, Miami Beach, FL 33139 , Fax: (305) 673-7851. 2.9 INSURANCE AND INDEMNIFICATION: (See Check List for applicability to this contract) The contractor shall be responsible for his work and every part thereof, and for all materials, tools, appliances and property of every description, used in connection with this particular project. He shall specifically and distinctly assume, and does so assume, all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the contract or in connection with the work. It is understood and agreed that at all times the contractor is acting as an independent contractor. The contractor, at all times during the full duration of work under this contract, including extra work Bid #43-98/99 City of Miami Beach 11 in connection with this project shall meet the following requirements: Maintain Worker's Compensation and Employer's Liability Insurance to meet the statutory requirements of the State of Florida, Maintain Comprehensive General Liability Insurance in amounts prescribed by the City (see checklist for limits) to protect the contractor in the interest of the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises/operations, independent contractor, broad form property damage, products/completed operations and contractual liability. Maintain Automobile Liability Insurance including Property Damage covering all owned, non-owned or hired automobiles and equipment used in connection with the work. Maintain any additional coverages required by the Risk Manager as indicated on the Insurance Check List. Name the City of Miami Beach as an additional insured on all liability policies required by this contract. When naming the City of Miami Beach as an additional insured onto your policies, the insurance companies hereby agree and will endorse the policies to state that the City will not be liable for the payment of any premiums or assessments, A copy of the endorsement(s) naming the City of Miami Beach as an additional insured is required and must be submitted to the City's Risk Manager. No change or cancellation in insurance shall be made without thirty (30) days written notice to the City of Miami Beach Risk Manager. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and these companies must have a rating of at least B+:VI or better per Best's Key Rating Guide, latest edition. Original signed Certificates of Insurance, evidencing such coverages and endorsements as required herein, shall be filed with and approved by the City of Miami Beach Risk Manager before work is started. The certificate must state Bid Number and Title. Upon expiration of the required insurance, the contractor must submit updated certificates of insurance for as long a period as any work is still in progress. It is understood and agreed that all policies of insurance provided by the contractor are primary coverage to any insurance or self-insurance the City of Miami Beach possesses that may apply to a loss resulting from the work performed in this contract. All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar of exposure, No deductibles will be allowed in any policies issued on this contract unless specific safeguards have been established to assure an adequate fund for payment of deductibles by the insured and approved by the City's Risk Manager, The liability insurance coverage shall extend to and include the following contractual indemnity and hold harmless agreement: "The contractor hereby agrees to indemnify and hold harmless the City of Miami Beach, a municipal corporation, its officers, agents, and employees from all claims for bodily injuries to the public in and up to the amount of $1 ,000,000,00 for each occurrence and for all damages to the property of others in and up to the amount of $1 ,000,000.00 for each occurrence per the insurance requirement under the specifications including costs of investigation, all expenses of litigation, including reasonable attorney fees and the cost of appeals arising out of any such claims or suits because of any and all acts of omission or commission of any by the contractor, his agents, servants, or employees, or through the Bid #43-98199 City of Miami Beach 12 mere existence of the project under contract", The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and suits arising out of the sole and exclusive negligence of the City of Miami Beach, its officers, agents, and employees, as determined by a court of competent jurisdiction, The contractor will notify his insurance agent without delay of the existence of the Hold Harmless Agreement contained within this contract, and furnish a copy of the Hold Harmless Agreement to the insurance agent and carrier. The contractor will obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the City of Miami Beach under the Hold Harmless Agreement from any and all claims arising out of th is contractual operation. The contractor will secure and maintain policies of subcontractors. All policies shall be made available to the City upon demand. Compliance by the contractor and all subcontractors with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the contractor and all subcontractors of their liabilities and obligations under any Section or Provisions of this contract. Contractor shall be as fully responsible to the City for the acts and omissions of the subcontractor and of persons employed by them as he is for acts and omissions of persons directly employed by him. Insurance coverage required in these specifications shall be in force throughout the contract term. Should any awardee fail to provide acceptable evidence of current insurance within seven days of receipt of written notice at any time during the contract term, the City shall have the right to consider the contract breached and justifying the termination thereof. [fbidder does not meet the insurance requirements of the specifications; alternate insurance coverage, satisfactory to the Risk Manager, may be considered. It is understood and agreed that the inclusion of more than one insured under these policies shall not restrict the coverage provided by these policies for one insured hereunder with respect to a liability claim or suit by another insured hereunder or an employee of such other insured and that with respect to claims against any insured hereunder, other insureds hereunder shall be considered members of the public; but the provisions of this Cross Liability clause shall apply only with respect to liability arising out of the ownership, maintenance, use, occupancy or repair of such portions of the premises insured hereunder as are not reserved for the exclusive use of occupancy of the insured against whom claim is made or suit is filed, Bid #43-98/99 City of Miami Beach 13 INSURANCE CHECK LIST XXX I, Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2, Comprehensive General Liability (occurrence form), limits of liability $ 1.000.000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications), XXX 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability - $ ,00 per occurrence to follow the primary coverages. XXX 5, The City must be named as and additional insured on the liability policies; and it must be stated on the certificate, 6, Other Insurance as indicated: _ Builders Risk completed value _ Liquor Liability _ Fire Legal Liability _ Protection and Indemnity _ Employee Dishonesty Bond Other $ $ $ $ $ $ .00 .00 .00 ,00 .00 .00 XXX 7. Thirty (30) days written cancellation notice required. XXX 8, Best's guide rating B+:VI or better, latest edition, XXX 9, The certificate must state the bid number and title BIDDER AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and that evidence of this insurance may be required within five (5) days after bid opening. Bidder Signature of Bidder Bid #43-98/99 City of Miami Beach 14 2.10 VENDOR APPLICATION Prospective proposers should register with the City of Miami Beach Procurement Division; this will facilitate their receipt offuture notices of solicitations when they are issued. The successful proposer(s) must register prior to award; failure to register will result in the rejection of their proposal. Potential proposers may contact the Procurement Division at (305) 673-7490 to request an application. Registration requires that a business entity complete a vendor application and submit an annual administrative fee of$20,OO. The following documents are required: 1. Vendor registration form 2, Commodity code listing 3. Articles of Incorporation - Copy of Certification page 4, Copy of Business or Occupational License It is the responsibility of the proposer to inform the City concerning any changes, such as new address, telephone number, commodities, etc, 2.11 CONTACT PERSON: For any additional information regarding the specifications and requirement of this bid, contact: Michael Rath, CPPB (305) 673-7492, 2.12 SAMPLES:N/A 2.13 BID CLARIFICATION: Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing by mail or facsimile to the Procurement Department, 1700 Convention Center Drive, Miami Beach, FL 33139 FAX: (305) 673-7851. The bid title/number shall be referenced on all correspondence. All questions must be received no later than fifteen (I5) 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. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.14 TIE BIDS: Please be advised that in accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be given to vendors certifying that they have implemented a drug free work place program. A certification form will be required at that time, 2.15 PUBLIC ENTITY CRIMES (PEe): A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub- contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of36 months from the date of being placed on the convicted vendor list. 2.16 BID/PERFORMANCE BOND: All bids must be accompanied by a bid bond in the amount of 5% of the total bid submitted, to be in the form of a Cashier's Check made payable to the City of Miami Beach; a bond written by a surety company authorized to do business in the State of Florida and shall comply with State Statute 287.0935, The bond, if in the form of a Cashier's Check, of all unsuccessful bidders will be returned after bid award. The successful bidder will be required to submit a 100% Performance Bond and LaborlMaterial Bond, The Performance Bond, LaborlMaterial Bond can be in the form of a Cashier's Check, made payable to the City of Miami Beach; a bond written by a surety company as specified previously. 2.17 SPOT MARKET PRICING:N/A Bid #43-98/99 City of Miami Beach 15 2.18 (NOT USED) 2.19 LIQUIDATED DAMAGES: The Bidder agrees to pay the Owner liquidated damages in the amount of $75.00 per calendar day beyond the one-hundred and twenty (120) calandar day completion time. 2.20 PERCENTAGE ABOVE VENDOR COST:N/A 2.21 ESTIMATED QUANTITIES: N/A 2.22 HOURLY RATE:N/A 2.23 WARRANTY: The successful bidder will be required to warranty all work performed. Warranty shall be described in detail on the attached Bid Form, 2.24 PRODUCT/CATALOG INFORMATION: N/A 2.25 REFERENCES: Each bid must be accompanied by a list of references which shall include the name of the company, a contact person and the telephone number. NO BID WILL BE CONSIDERED WITHOUT THIS LIST. 2.26 COMPLETE PROJECT REQUlRED:N/A 2.27 FACILITY LOCATION: N/A 2.28 BIDDER QUALIFICATIONS: In order for bids to be considered, bidders must submit with their bid, evidence that they are qualified to satisfactorily perform the specified work. Evidence shall include all information necessary to certify that the bidder: maintains a permanent place of business; has technical knowledge and practical experience in the type of work included in this scope of work; has available the organization and qualified manpower to do the work; has adequate fmancial status to meet the financial obligations incident to the work; has not had just or proper claims pending against him or his work; and has completed similar type, size and complexity of work. 2.29 LATE BIDS: The City of Miami Beach cannot be responsible for bids received after opening time and encourages early submittal. 2.30 EXCEPTIONS TO SPECIFICATIONS: Exceptions to the specifications shall be listed on the Bid Form and shall reference the section. Any exceptions to the General or Special Conditions shall be cause for the bid to be considered non-responsive. 2.31 COMPLETE INFORMATION REQUIRED ON BID FORM: All bids must be submitted on the attached Bid Form and all blanks filled in. To be considered a valid bid, the ORIGINAL AND ONE COPY of the Bid Form pages and all required submittal information must be returned, properly completed, in a sealed envelope as outlined in the first paragraph of General Conditions, Bid #43-98/99 City of Miami Beach 16 FUEL STORAGE SYSTEM RETROFITTING BID #43-98/99 3.0 MINIMUM SPECIFICATIONS PROJECT DESCRIPTION The City of Miami Beach has six underground fuel storage and fuel dispensing facilities which require modification of the integral piping and dispensers or replacement in order to comply with regulatory agency requirements. The City is requesting bids from licensed and insured Petroleum Storage Tank Contractors for the performance of the necessary work. The name, location and facility identification numbers for each facility are listed in the table below: Fuel Storage Facilities to be Upgraded FDEP DADE SITE NAME SITE LOCA nON 10# UT# 8622190 2812 City Hall 1700 Convention Center Drive 940t227 2688 Fire Station #2 2300 Pinetree Drive 920t879 1698 Fleet Management Facility t 40 MacArthur Cswy, 9045993 t710 PoliceStation t 100 Washington Avenue 9047044 2137 Convention Center 1901 Convention Center Drive 9047045 2716 Theater ofPerfonning Arts (TOPA) 1700 Washington A venue SCOPE OF WORK The Contractor shall furnish all labor, equipment and materials necessary to complete each of the tasks described below: ITEM # 1: Installation of Eight Fuel Dispenser Leak Containment Sumps at the City Fleet Fueling Stations at Fire Station #2 and the Fleet Management Facility 1. Furnish all labor, equipment and materials necessary to: a. Obtain all necessary permits from the Miami-Dade County Department of Environmental Resources Management (DERM) and the City of Miami Beach Building Department. b. Disconnect and temporarily remove the eight existing product dispensers, four at each location, c. Saw cut and excavate the dispenser islands as necessary for installation of the dispenser sumps. d. Modify existing electrical and piping connections as necessary to allow for the installation of the dispenser sumps. e. Concrete in the excavated areas surrounding the dispenser sumps to match existing surfaces. f. Reinstall existing product dispensers, purge and recalibrate the product lines. g. Perform a precision line test to verify the integrity of the modified fuel lines. h. Clean area of all construction debris. Bid #43-98/99 City of Miami Beach 17 ITEM #2: Installation oran Overspill Containment Bucket. a Flow Restrictin~ Overfill Drop Tube and Replacement ofExistin~ Product Supply and Return Lines with Double-Walled. Corrosion Resistant Piping on the Underground Fuel Storage Tank at the Police Station 1. Furnish all labor, equipment and materials necessary to: a. Obtain all necessary permits from the Miami-Dade County Department of Environmental Resources Management (DERM) and the City of Miami Beach Building Department. b. Excavate to expose product piping and fill pipe on top of the underground storage tank. c. Install the over-spill containment bucket and flow restricting overfill drop tube. d. Bleed, disconnect and remove existing product piping. e. Install new double-walled, corrosion resistant product piping. f. Purge lines and perform a precision line test to verify the integrity of the new fuel lines. g. Backfill and compact all excavations and restore any disturbed landscaping. h. Clean area of all construction debris. ITEM #3: Replacement of Existing Product Supply and Return Lines with Double-Walled. Corrosion Resistant Piping on the Underground Fuel Storage Tank at the Theater of Performing Arts 1. Furnish all labor, equipment and materials necessary to: a. Obtain all necessary permits from the Miami-Dade County Department of Environmental Resources Management (DERM) and the City of Miami Beach Building Department. b. Saw cut concrete and asphalt and excavate to expose existing product piping on storage tank. c. Bleed, disconnect and remove existing product piping. d. Install new double-walled, corrosion resistant product piping. e. Purge lines and perform a precision line test to verify the integrity of the new fuel lines. f. Backfill and compact excavations and resurface with asphalt or concrete to match existing. g. Clean area of all construction debris. ITEM #4: Replacement of Existing Product Supply and Return Lines with Double-Walled. Corrosion Resistant Piping on the Underground Fuel Storage Tank at the Convention Center 1. Furnish all labor, equipment and materials necessary to: a. Obtain all necessary permits from the Miami-Dade County Department of Environmental Resources Management (DERM) and the City of Miami Beach Building Department. b. Excavate to expose existing product piping connections on top of the storage tank:. c. Bleed, disconnect and remove exposed portions of product piping and abandon remainder. d. Saw cut concrete and asphalt and excavate trench for new piping connections. e. Install new double-walled, corrosion resistant product piping, f. Purge lines and perform a precision line test to verify the integrity of the new fuel lines. g. Backfill and compact excavations and resurface with asphalt or concrete to match existing, h. Restore any disturbed landscaping. I. Clean area of all construction debris. Bid #43-98/99 City of Miami Beach 18 ITEM #5: Replacement of Existing Temporary Aboveground Fuel Storage Tank with a 500 Gallon Concrete Vaulted Aboveground Fuel Storage Tank at Miami Beach City Hall 1. Furnish all labor, equipment and materials necessary to: a. Obtain all necessary permits from the Miami-Dade County Department of Environmental Resources Management (DERM) and the City of Miami Beach Building Department. b, Install a 12'x5'x6" thick 3,000 psi concrete slab, reinforced with #3 rebar 12" o.c. each way and finished with a light broom. c, Furnish and install one (I) 500 gallon concrete vaulted aboveground storage tank (Convault, Envirovault, or City approved equivalent) equipped with an overspill bucket, overfill limiter and audible high level alarm. d.Furnish and install one (1) 25 gallon day tank with secondary containment, return line pump, valves required for retrofitting a gravity type system and contacts for a remote liquid alarm, adjacent to the existing generator. e. Install up to 30 feet of 1" black iron product supply and return piping, aboveground, from the new tank to the generator day tank. f. Transfer the fuel from the existing temporary tank into the new tank. Temporary tank will be removed by City. g. Purge lines, start system and test for proper operation. h. Restore any distrubed landscaping, i. Clean area of all construction debris. GENERAL PROVISIONS: I. All work shall be performed in accordance with the requirements of Forida Administrative Code Chapter 62-761 and Chapter 24 of the Miami-Dade County Administrative Code. 2. All permit and inspection fees are to be included in the bid price. 3. All work shall be completed within one hundred and twenty (120) days from the issuance of the Notice to Proceed. Bid #43-98/99 City of Miami Beach 19 FUEL STORAGE SYSTEM RETROFITTING BID #43-98/99 PROPOSAL PAGE 1 OF 2 To be Opened March 31,1999 at 3:00 P.M. We propose to furnish all labor, materials, tools, equipment, transportation, licenses, services and incidentals necessary for Fuel Storage System Retrofitting for the City of Miami Beach, all in accordance with Bid Specifications, for the lump sum price of: ITEM #1: Total Price ITEM #2: Total Price lTEM #3: Total Price ITEM #4: Total Price ITEM #5: Total Price Installation of Eight Fuel Dispenser Leak Containment Sumps at the City Fleet Fueling Stations at Fire Station #2 and the Fleet Management Facility $ Installation of an Overspill Containment Bucket, a Flow Restricting Overfill Drop Tube and Replacement of Existing Product Supply and Return Lines with Double-Walled, Corrosion Resistant Piping on the Underground Fuel Storage Tank at the Police Station $ Replacement of Existing Product Supply and Return Lines with Double-Walled, Corrosion Resistant Piping on the Underground Fuel Storage Tank at the Theater of Performing Arts $ Replacement of Existing Product Supply and Return Lines with Double-Walled, Corrosion Resistant Piping on the Underground Fuel Storage Tank at the Convention Center $ Replacement of Existing Temporary Aboveground Fuel Storage Tank with a 500 Gallon Concrete Vaulted Aboveground Fuel Storage Tank at Miami Beach City Hall $ Each location specified in this bid could be awarded on an individual basis, so each price quoted must be capable of standing alone and not be dependent on award of entire contract. Please state a total if all locations are awarded to a single bidder. Total Price If All Items (Items 1-5) Are Awarded: $ Warranty (Describe in Detail): Bid #43-98/99 City of Miami Beach 20 FUEL STORAGE SYSTEM RETROFITTING BID #43-98/99 PROPOSAL PAGE 1 OF 2 ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION TO BE CONSIDERED PART OF THE PROPOSAL MUST BE SUBMITTED IN DUPLICATE. SUBMITTED BY: COMPANY NAME: SIGNED: (I certify that I am authorized to execute this proposal and commit the bidding firm) NAME/TITLE(Print): ADDRESS: CITY/STATE: ZIP: TELEPHONE NO: FACSIMILE NO: Bid #43-98/99 City of Miami Beach 21 FUEL STORAGE SYSTEM RETROFITTING BID #43-98/99 BID CHECK LIST To ensure that your bid is submitted in conformance with the Contract Documents, please verify that the following items have been completed and submitted as required. X Original and one copy of bid (including all submittal information) General Conditions Section 1.1 Special Conditions Section 2.31 X Execution of Bid General Conditions Section 1.2 EquivalentslEqual Product General Condition Section 1.10 Special Conditions Section 2.33 X Insurance and Indemnification (including Insurance Checklist) General Condition Section 1.34 Special Conditions Section 2.9 Samples General Condition Section 1.14 Special Conditions Section 2.12 X Bid/Performance Bond General Condition Section 1.35 Special Conditions Section 2.16 X Warranty Special Conditions Section 2.23 Product/Catalog Information Special Conditions Section 2.24 X References Special Conditions Section 2.25 X Bidder Qualifications Special Conditions Section 2.28 X Exceptions to Specifications Special Conditions Section 2.30 Bid #43-98/99 City of Miami Beach 22 FUEL STORAGE SYSTEM RETROFITTING BID #43-98/99 CUSTOMER REFERENCE LISTING Contractor's shall furnish the names, addresses, and telephone numbers of a minimum of three (3) firms or government organizations for which the Contractor is currently furnishing or has furnished, in the Past, Fuel Storage System Retrofitting, I) Company Name Address Contact Person Telephone Number 2) Company Name Address Contact Person Telephone Number 3) Company Name Address Contact Person Telephone Number Bid #43-98/99 City of Miami Beach 23 CONTRACTOR'S QUESTIONNAIRE NOTE: Information supplied in response to this questionnaire is subject to verification. Inaccurate or incomplete answers may be grounds for disqualification from award of this bid. Submitted to The Mayor and City Commission of the City of Miami Beach, Florida: By Principal Office How many years has your organization been in business as a Contractor under your present business name? Does your organization have current occupational licenses entitling it to do the work contemplated in this Contract? State of Florida occupational license - state type and number: Dade County certificate of competency - state type and number: How many years experience in similar work has your organization had? (A) As a Contractor (B) As a Sub-Contractor (C) What contracts has your organization completed? Contract Amt Class of Work When Completed Name/Address of Owner Have you ever had a contract terminated (as prime contractor or sub-contractor, under existing company name or another company name) due to failure to comply with contractual specifications? If so, where and why? Has any officer or partner of your organization ever failed to complete a construction contract handled in his own name? If so, state name of individual, name of owner, and reason thereof Bid #43-98/99 City of Miami Beach 24 In what other lines of business are you financially interested or engaged? Give references as to experience, ability, and financial standing What equipment do you own that is available for the proposed work and where located? Financial Statement What Bank or Banks have you arranged to do business with during the course of the Contract should it be awarded to you? I HEREBY CERTIFY that the above answers are true and correct. (SEAL) (SEAL) Bid #43-98/99 City of Miami Beach 25 CONTRACT THIS AGREEMENT made this day of 19_, A.D. between the CITY OF MIAMI BEACH, a Florida municipal corporation, hereinafter called the City, which term shall include its successors and assigns, party of the one part, and hereinafter called the Contractor, which term shall include its heirs, successors and assigns, party of the other part. WITNESSETH that the said Contractor for the consideration and compensation herein agreed to be paid and the said City in consideration of the construction of improvements to be done by said Contractor and designated "FUEL STORAGE SYSTEM RETROFITTING" by said City, do hereby mutually agree as follows: 1. This agreement shall extend to and be obligatory upon said City, its successors and assigns, and upon said Contractor and it's heirs, successors and assigns. Neither this agreement nor any part thereof nor any part of the Work herein contemplated, shall be assigned or sublet, nor shall any sums of money provided to be paid to said Contractor be assigned by said Contractor to anyone without the consent of the City Commission of said City evidenced by its resolution. 2. The foregoing pages of this booklet, including the Proposal, and the Contract Documents and such alterations as may be made in said Specifications as therein provided for, are hereby referred to and made a part of this Agreement and the terms and conditions set forth therein, except when in direct conflict with this written Contract, are as much a part hereof as if copied herein. If conflicts exist between them and this written instrument, only that part of the matter in direct conflict herewith shall not be construed to be a part hereof. 3. The Contractor shall commence work within seven (7) days of the Notice to Proceed and shall complete in a good and workmanlike manner the materials hereinbefore referred to, strictly in accord herewith within one-hundred and twenty (120) calendar days. 4. The City and Contractor recognize that the City will suffer direct financial loss if Work is not completed within the Contract times specified in paragraph 3 above plus any extensions as may have been granted by the City. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time, and therefore time is of the essence, Accordingly, instead of requiring any such proof Contractor agrees to forfeit and pay Owner as liquidated damages for delay (but not as a penalty) the amount of Seventy-Five Dollars ($75.00) for each calendar day that expires after the Contract Time specified in paragraph 3 above for Final Completion. Bid #43-98/99 City of Miami Beach 26 5. In such construction said Contractor shall furnish all implements, machinery, equipment, transportation, tools, materials, supplies, labor, and other things necessary to the execution and completion of the Work, nothing being required of the City except that it may, at its expense, supervise such construction and enter upon and inspect the same at all reasonable times. 6. If any dispute arises between the City and said Contractor with reference to the meaning or requirements of any part of this Contract and they cannot agree, the more stringent requirements shall govern as determined by the City. 7. If the Contractor shall complete the construction herein contemplated in a good and workmanlike manner within the time herein specified and in accord herewith, the said City shall pay to the Contractor the contract sum in accordance with the Conditions of the Contract. The City, by allowing Contractor to continue with said construction after the time for its completion hereinbefore stated shall not deprive City of the right to exercise any option in this Agreement contained nor shall it operate to alter any other term of this Agreement. 8. The Contractor shall file Insurance Certificates, as required, and they must be signed by a Registered Insurance Agent licensed in the State of Florida and approved by the City of Miami Beach Risk Manager. 9. All documents shall be executed satisfactorily to said City and until Insurance Certificates have been filed and approved, this Contract Agreement shall not be effective. 10. Owner shall pay Contractor for performance of the Work in accordance with the Contract Documents in current funds at the lump sum or unit prices presented in the Bid Proposal, attached to this Agreement. The parties expressly agree that the Contract Price is a stipulated sum except with regard to the items in the Bid which are subject to unit prices. IN WITNESS WHEREOF the said City has caused this Agreement to be signed by the Mayor of the City of Miami Beach, Florida and its corporate seal to be affixed, attested by the City Clerk of the City of Miami Beach and the said Contractor has caused this Agreement to be signed it its name, (SEAL) CITY OF MIAMI BEACH Contractor By (Authorized Corporate Officer) By Mayor ATTEST: Title City Clerk Bid #43-98/99 City of Miami Beach 27 PERFORMANCE BOND (This bond meets and exceeds the requirements of Florida Statutes Section 255,05) STATE OF FLORIDA 55 COUNTY OF KNOW ALL MEN BY THESE PRESENTS that we, as Principal, hereinafter called Contractor, and as Surety, are firmly bound unto the City of Miami Beach, Florida, as Obligee, hereinafter called the City, in the Penal sum of Dollars ($ ), for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor, on the _ day of , 19_, entered into a certain contract with the City, hereto attached, for Fuel Storage System Retrofitting, Bid #43-98/99, which Contract is made a part hereof by reference thereto, NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of said Contract, and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, then this obligation shall be void; otherwise to remain in full force and effect. WHENEVER the Principal shall be and is declared by the City to be in default under the Contract, or whenever the Contract has been terminated by default of the Contractor, the City having performed the City's obligations thereunder, the Surety shall: I. Complete the Contract in accordance with its terms and conditions, or at the City's sole option. 2. Obtain a Bid or Bids for submission to the City for completing the Contract in accordance with its terms and conditions, and upon determination by the City and the Surety of the lowest responsible Bidder, arrange for a Contract between such Bidder and the City, and make available as Work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract price" as used in this paragraph, shall mean the total amount payable by the City to the Contractor under the Contract and any amendments thereto, less the amount properly paid by the City to the contractor. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the City named herein or the successors or assignees thereof. The Surety shall and does hereby agree to indemnify the City and hold it harmless of, from and against any and all liability, loss, cost, damage or expense, including reasonable attorneys fees, engineering and architectural fees or other professional services which the City may incur or which may accrue or be imposed upon it by reason of any negligence, default, act and/or omission on the part of the Contractor, any Subcontractor and Contractor's or Subcontractors agents, servants and/or employees, in, about or on account of the Construction of the work and performance of said Contract by the Contractor. This Bond shall remain in full force and effect for such period or periods of time after the date of acceptance of the project by the City as are provided for in the Contract Documents, and the Contractor hereby guarantees to repair or replace for the said periods all work performed and materials and equipment furnished, which were not performed or furnished according to the terms of the Contract Documents. Ifno specific periods of warranty are stated in the Contract Documents for any particular item of work, material or equipment, the Contractor hereby guarantees the same for a minimum period of one (I) year from the date of final acceptance by the City of the entire project. Bid #43-98/99 City of Miami Beach 28 Any suit on this bond must be instituted within such period or periods as may be provided by law, IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their appropriate officials of the day of ,19_ WITNESS: PRINCIPAL: (lfsole Proprietor or partnership) (Firm Name) BY Title: (Sole Proprietor or Partner) PRINCIPAL (If Corporation) (Corporate Name) BY (President) Attest: (Secretary) (CORPORATE SEAL) COUNTERSIGNED BY RESIDENT FLORIDA AGENT OF SURETY: SURETY: (Copy of Agent's current License as issued by State of Florida Insurance Commissioner By: Attorney-in-fact (Power of Attorney must be attached) Bid #43-98/99 City of Miami Beach 29 CERTIFICATES AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the Corporation named as Principal in the foregoing bond; that who signed the said bond on behalf of the Principal, was then of said Corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary Corporate Seal STATE OF FLORIDA) ss COUNTY OF ) Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared to me well known, who being by me first duly sworn upon oath, says that he is the Attorney-in-Fact, for the and that he has been authorized by to execute the foregoing bond on behalf of the Contractor named therein in favor of the City of Miami Beach, Florida. Subscribed and sworn before me this day of , 19_ A.D. (Attach Power of Attorney) Notary Public State of Florida-at-Large My Commission Expires: Bid #43-98/99 City of Miami Beach 30 LABOR AND MATERIAL PAYMENT BOND (SECTION 255.05, FLA. STAT.) BY THIS BOND, We, as Principal, and as corporation, as Surety, are bound to the City of Miami Beach, Florida, as obligee, herein called City, in the sum of $ for the payment of which we bind ourselves, our heirs, personal representatives, successors and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payments to all claimants, as defined in Section 255.05 (1), Fla. Stat., supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and Pays City all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that the City sustains in enforcement of this bond. Performs the guarantee of all labor and materials furnished under the contract for the time specified in the contract, then this bond is void, otherwise it remains in full force. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. The provisions of Section 255.05, Fla. Stat., are specifically adopted by reference and made a part hereof for the purposes specified therein. The contract dated reference. between the City and Principal is made a part of this Bond by Claimants are advised that Section 255.05, Fla. Stat., contains notice and time limitation provisions which must be strictly complied with. Bid #43-98/99 City of Miami Beach 31 IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their appropriate officials of the day of , 19 WITNESS: PRINCIP AL: (If sole Proprietor or partnership) (Firm Name) BY Title: (Sole Proprietor or Partner) PRINCIPAL (If Corporation) (Corporate Name) BY (President) Attest: (Secretary) (CORPORATE SEAL) COUNTERSIGNED BY RESIDENT FLORIDA AGENT OF SURETY: SURETY: (Copy of Agent's current License as issued by State of Florida Insurance Commissioner By: Attorney-in-fact (Power of Attorney must be attached) Bid #43-98/99 City of Miami Beach 32 CERTIFICATES AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the Corporation named as Principal in the foregoing bond; that who signed the said bond on behalf of the Principal, was then of said Corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary Corporate Seal STATE OF FLORIDA) ss COUNTY OF ) Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared to me well known, who being by me first duly sworn upon oath, says that he is the Attorney in Fact, for the and that he has been authorized by to execute the foregoing bond on behalf of the Contractor named therein in favor of the City of Miami Beach, Florida. Subscribed and sworn before me this day of ,19_A.D. (Attach Power of Attorney) Notary Public State of Florida-at-Large My commission Expires: Bid #43-98/99 City of Miami Beach 33 Bond # SUR 2925477 PERFOR.'\1A,'iCE BOND (This boad lnt:cts and exceed:; the requirements of Florida Slatutes Section 25 ~ ,05) STATE OF FLORIDA ss COUNTY OF D1vall ~OW ALL MEN BY TIIES~~T~~~W' In:. of Mi~~.."~!~1!8._._as Principi1l. hCfl.:u~l1~rC01(Jed Concr:.J.clor, and~~~~nrk::.f\~. a3 Surety, ~fn~~ d unto Ci~ of MIami Be~ch, FloIlda, as Obltgee, heremafter called rhe CIl}', in the Penal sum of ' Y 1 ($ ~fin :71t'i.l;L-Y. for rhe paymenl of which sum well md truly to be made, we bind ourselves, ollr heirs, e~c:cutorR, administrators, SllCCCS~ors lUld as~ign3, jointly and severally, fl.l'm ly by I.he,~e prt!s~nts_ Jad<s:nville WHEREAS, Contractor, on r.he29th day of -Agj.l_. ---.J 19~, entered into a ceJ't<lin conerner with the City, h~l'eto aCtachc:d, for Fuel Starn/:,= System RetrolittiDl:, Bid #4J~98/99, which Conlracc is made a part hereof by reference thereto, NOW, THEREFORE, THE CONDITION OF TlIIS OBLIGATION IS SUCH, that, if tJle Contractor shall well and Indy perfonn 3J1d fulfill al/ the undertakings, covenants, terms, conditions /Il1d al,'n::emc:nts of said Contract. and all duly authorized modifications of said Contract that may hereatlcr be made, notice of which modifications to the Surety being hereby waived, tnj!n this obligation s.hall be void; otherwise to remain in full force and effect. WHENEVER the Principal shall be and is declared by the City to be in default under the Contract, or whenever the Contract has been terminated by defiWlt of tIle Contractor, the City having performed the City's obligations thereunder, the.! Sun:ty shall: '- Complete the Contract in ilccord.'Ulce with its term! and condidons. or at the City's sole option. 2. Obtain a Bid or Bids for submission to the City for completing the Contract in illXordance with its tcnns and conditions, and upon determination by tbe City and (he Surety oftJle lowest responsible Bidder, arrange for a Contract between such Bidder a.nd the City, and make available iL5 Work progresses (even though chere should be a default or a succession of defaults WIder the Contract or Contrncf-' of completion iJTilnged und~r dtis paragraph) sufficient fundi to pay the cost of completion less the balance of tile Coutract price; but nor ~xceeding, including other costs and damages for which the Surely may be liable ht:reunder, the amount ser forth in the first pill'll graph hereof. The tenn "balance ofthc: COntnl.ct price" as used in chis paragrapb. shall mean the [otlll amount payable by the City to the Conlnl.ctor IInder thel Contract and any amendments mereto, less the amount properly paid by the City to dIe conuactor, No ril;ht of action shall accrue On this Bond to or for the use of any person or corporation other than the Cily namt:d herein or the successors or assignees thereof. The Surely shall and does hcrteby agree to indemnifY the City and hold it hannles.s of, fTl)m and agllinst Wt)' and all liability. lOllS, COIlt, damage or eX(:Icn.se. including reusonable attomeY3 fees, engineering IUld architt:ctural fC-C:J or other professional services which me Cll}' may incur or which may accrue or be imposed upou it by reason of any negligence, de:fault, act and/or omissIon on the part aCme Contractor, any Subcontractor and Contractor's or Subconl1'actors agents, servants and/or employees, in. aoour or on aCCOUl'lt of the Construction of the work and perfonnance of said Contracl by the Contractor_ This Bond shall remain in full force and effect for such period or periods of time after the dare of acceprance of the project by the City as are provided for in the Contract Documents, and the Conlractor hereby guaI7llltees to repair or replace for the said periods all work pelformed and materials and equipment furnished, which were not perfornlcd or fumi!ihed according to the terms of the Contract Documents. If no specific periods of warranty are stated ill the Contract Documents for auy particular item of work, material or equipment, the Contractor hereby guarantees the SillTle for a rn inimul11 period of one: (1) year from the date cffmallcceptance by the City of tile entire project. ~ #"3-98199 Clry otMllullllkach 28 Any suit on this bond must be instituted within such period or periods as may be provided by law. IN WlTNi:SS WHEREOF, the tlboyc bounded parties have cau.o;ed ch.is Bond to be executed by their appropriate officials of the - - -.._ 29th, __ dllY of----ApriL " , ______, 1922-, WlTNI<.;SS: PRINCfrAL: (If sole Proprietor or partllership) (Finn Name) BY__ Title: (Sole Proprietor or Partner) PRINCIPAL (If Corporaiion) (CORPORATE SEAL) COUN'f.ERSICNED BY RESIDENT FLORIDA AGENT OF SURETY: ames Con lio SURETY: American Guarantee and Liability l;nC;;:l1~ance Company By:{/fltt I? ~c/~ AttorneYMin.tacr Alta P. Deschaine Copy of Aient', rrent Liceuse lIS issued by State 01 Florida In.sunaDce Commissioner FLORIOA CE?ARTME.'iT Or INSURANCl: (Power or Attol'JIey mu!)r be att:ached) ,'uL:aw.,;Q clJms Or 1!:S~Il.O~::~' Gin. Lfn= (Prq:J. & Coos. r~.l Oty olMlam1 Bc2clt 29 CERTIFICATES AS TO CORPORA TE PRINCIPAL I, ~ '( Cl "'J f'-' ~, certify that I am t~7secret~of the Corporation named as Principal in the foregoing bond; that ~\e..X?~ C ,~\c{( '< ~L-who signed the said bond on behalf of the Principal, ./ was then \1 \)/ 'C Nj\.Lee--r\. 0{, of said Corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. ~1 (jc~ ' . ~, ~ Corporate SecretaIJ)~ Seal STATE OF FLORIDA) ss COUNTY OF ) (Attach Power of Attorney) Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared ~J ~.$~ to me well known, who being by me first duly sworn upon oath, says that he is the Attorney-in-Fact, for"...tm( ATe...- ~~~~-S. IJe-. and that he has been authorized by t-1A.J:?~ ~. ~.......l:....t . ~.. to execute the foregoing bond on behalf of the Contractor named therein in favor of the City of Miami Beach, Florida. Subscribed and sworn before me this ~ day of .A ~ 1"-' d~d;J Notary ~ State of Florida-at-Large , 19~') A.D. My Commission Expires: .A-;;.Y'f"..... EDWARD G, WARD [.r'''i.:.l'!if.\ MY {,."",\~S,SION n CC 733623 ~.J!!..'l.f,l' ',rleS Apnl13, 2002 , ......~P.~I~~.." B~"":,;~,:, ~-"fU Notary Pubhc Underwriters Bid #43-98/99 City of Miami Beach 30 R:rrl :#: SUR 2925477 LABOR AND MATERIAL P A YM.;NT BOND (SECTION 255.05, FLA. STAT.) BY THIS BOND, We, A'IC A<::Hriates,Irc. of Miami, FL 3317EL _____, lIrrerican Gl.BrarttEE am Liability ~~.JJf..NiM York, NY as Principal, and as corporation, a.s Surety, arc bound to the City uf Miami Beach, Florida Fifty-six 'fu:uSclnj Tho H1..lrrlrErl ' as obligee, herein called City, in the sum 0[$ Fifta:n c:rrrl x)/l~_IE2.~rs_ ,__ for the payment of which We bind oun;c:lvcs, our heirs, personal reprcs~ntatives, successors and assigns. jointly and severally. tUE CONDITION OF TillS BOND is that if Principal: Promptly makes payments to all claimants, as defined in Section 255.05 (1), Fla. Stat., supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the: work provided for in the contract; and Pays City all tosses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that the City sustains in enforcement of this bond. Performs the guarantee of all labor and materials furnished under the contract for the time specified ill the contract, then this bond is void, otherwise it remains in full force. Any chan~es in or under the contract documents and compliance or noncompliance with any fonnalitics connected with the contract or the changes does not alIect Surety's obligation under this bond. The provisions of Section 255.05, Fla. Stat.. are specifically adopted by reference and made a part hereof for the purposes specified therein. The contr.:tct dated . ~l 29, lrm between the City and Principal is made a part of this Bond by reference, Claimants are advised that Section 255.05, Fla. Stat-, contains notice and time limitation provisions which must be strictly complied with. Bid #43-98199 City of Mlllml Dea(b 31 IN WIT~ESS WllliREOF, the above bounded parties have caused this Bond [0 be execured by their apl1rupriate off1cials ofLhc ___ ?.9.~~______ day of_._,,__~1?ri,~_ _' 19_~.:.._, Wll'Nl:SS: PRINCfPAL: (If sole Proprietor or purtncr:ihip) ,- ..... -.---------- - - .-. --...."-. (Fim1 Ni1Jl1f:) ---. --" . -.'. . \ - BY Title: (Sole Proprietor or Partner) PRlNCCPAL (If Corporation) ATC As:sociates..L-I1)."s___, . .__".__.. (COlpXC) BY ". /!/IiP_ iI. (President) ~!':"'. .J..~e..,...J~ , (CORPORATE SEAL) COUNTERSIGNED BY RESIDENT FLORIDA AGENT OF SURETY: ~O(!; :~Copy of Age s ~e~ LiccQ.!le as issued by State of Florida Insunance COlll1missioner SURETY: American Guarantee and Liability Insurance Company FLORIDA C~ARTME.'IT Or INSUAANC~ JAH:S ~ cnmlO , A05279J ~ By:{ -t-l/; I:&Lt(~ Attorney-in-fact Alta P. Deschaine (power ot Attorney must be attached) ,;~l~O~:"Q cum s a~ 1!,'S~IlJ~~~' Girl. Lfn= {P~. & Q5. Irr;.l 32 RESOLUTION NUMBER 99-23120 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE AWARD OF A CONTRACT TO ATC ASSOCIATES, INC., IN THE AMOUNT OF $56,215.30, PURSUANT TO BID NO. 43-98/99 FOR FUEL STORAGE SYSTEM RETROFITTING AT CITY HALL, POLICE STATION, CONVENTION CENTER, TOP A AND FLEET MANAGEMENT FUELING FACILITIES, AND AUTHORIZING THE APPROPRIATION OF $30,152 FROM CAPITAL PROJECTS FUND 351 INTO WORK ORDER NO. 2066 TO FUND THE REQUIRED WORK AT CITY HALL AND THE POLICE STATION. WHEREAS, in order to reduce the risk of future contamination of soil and groundwater by leaking petroleum storage tank facilities, the State of Florida Department of Environmental Protection and the Miami-Dade County Department of Environmental Resources Management have established stringent standards on the operation and maintenance of such facilities through the promulgation of Florida Administrative Code Chapter 62-761 and Chapter 24 of the Miami-Dade County Code, respectively; and WHEREAS, the City's fuel storage tank facilities at City Hall, Police Station, Convention Center, TOPA, Terminal Island and 2300 Pinetree Drive are required to be upgraded or replaced by the requirements of those regulations; and WHEREAS, bids for the required retrofitting work were requested through the issuance of Invitation to Bid No. 43-98/99 on March 8, 1999, and WHEREAS, the lowest responsive bidder was A TC Associates, Inc.; and WHEREAS, funding, in the amount of$56,215.30, is available from the following Budget Accounts: Amount Account No. Facility $10,332.25 $30,152,00 $15.731.05 $56,215.30 510-1780-000312 351-2066-069358 441-2196-069358 Total Fleet Management (Terminal Island & 2300 Pinetree Dr.) City Hall & Police Station Convention Center & TOPA NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the award of a Contract in the amount of $56,215.30, to A TC Associates, Inc., for fuel storage system retrofitting at City Hall, Police Station, Convention Center, TOPA, Terminal Island and 2300 Pinetree Drive, and the appropriation of$30,152 from Capital Projects Fund 351 into Work Order No. 2066, to fund the required work at City Hall and the Police Station, is hereby approved. Passed and Adopted this 14th day of April, 1999. 111 MAYOR ATTEST: ~rr~ CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~ kJ1JkL vl7/Qa City Ntorney ~ CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 TO: FROM: SUBJECT: -- COMMISSION MEMORANDUM NO. 7...1.0 i-Of? Mayor Neisen O. Kasdin and Members of the City Commission DATE: April 14, 1999 Sergio Rodriguez City Manager A RESOLUT ON APPROVING THE AWARD OF A CONTRACT TO ATC ASSOCIATES,INC., IN THE AMOUNT OF $56,215.30, PURSUANT TO BID NO. 43-98/99 FOR FUEL STORAGE SYSTEM RETROFITTING AT CITY HALL, POLICE STATION, CONVENTION CENTER, TOPA AND FLEET MANAGEMENT FUELING FACILITIES, AND AUTHORIZING THE APPROPRIATION OF $30,152 FROM CAPITAL PROJECTS FUND 351 INTO WORK ORDER NO. 2066 TO FUND THE REQUIRED WORK AT CITY HALL AND THE POLICE STATION. ADMINISTRA TION RECOMMENDATION Adopt the Resolution. FUNDING: Funding is available from the following Budget Account Numbers: Amount $10,332.25 $30,152.00 $15.731.05 $56,215.30 Account No. Facility 510-1780-000312 351-2066-069358 441-2196-069358 Total Fleet Management (Terminal Island & 2300 Pinetree Dr.) City Hall & Police Station Convention Center & TOP A BACKGROUND AND ANALYSIS In order to reduce the risk of future contamination of soil and groundwater by leaking petroleum storage tank facilities, the State of Florida Department of Environmental Protection and the Miami-Dade County Department of Environmental Resources Management have established stringent standards on the operation and maintenance of such facilities. These standards are embodied in Florida Administrative Code Chapter 62-761 and Chapter 24 of the Miami-Dade County Code. Several of the City's fuel storage tank facilities FUNDING APPROVED AGENDA ITEM C. 1 K DATE~-JL/-95 are required to be upgraded or replaced by the requirements of those regulations. Pursuant to those requirements, Invitation to Bid No. 43-98/99 was issued on March 8, 1999, with an opening date of March 31, 1999. A total of thirty-seven (37) notices and twenty-one (21) specifications packages were issued to prospective bidders. A pre-bid conference and site inspection was held on March 15,1999, The scope of work to be provided by the Contractor included: 1. The installation of fuel dispenser leak containment sumps at the Fleet Management fueling stations on Terminal Island and 2300 Pinetree Drive. 2. Installation of an overspill containment bucket, a flow restricting overfill drop tube and the replacement of the existing product piping with double-walled, corrosion resistant piping on the underground fuel storage tank at the Police Station. 3. Replacement of the existing product piping with double-walled, corrosion resistant piping on the underground fuel storage tanks at TOP A and the Convention Center. 4. Installation of a 500 gallon, concrete vaulted aboveground fuel storage tank at City Hall. A total of seven (7) responsive bids and four (4) no-bid responses were received. The bid results are summarized in the following bid tabulation table: BID TABULATION Vendor Total Price A TC Associates, Inc. $56,215,30 Petroleum Management, Inc. $96,120.40 The IT Group, Inc, $104,880,00 BBL Environmental Services, Inc, $105,000.00 APTL, LLC $121,995.00 SunDELL Corp. $129,381.47 American Compliance Technologies, Inc, $131,853,00 A TC Associates, Inc. has agreed to begin work within seven (7) calendar days from issuance of a Notice to Proceed and substantially complete the work within one-hundred twenty (120) calendar days. The references submitted with their bid have been verified. A Performance Bond and Labor and Materials Payment Bond, each in the amount of 100% of the contract total, shall be in place, and the Contractor shall be subject to Liquidated Damages of $75 per day for failure to complete the work on time. CONCLUSION The City Commission should authorize the award of a Contract to A TC Associates, Inc., in the amount of $56,215.30, pursuant to Bid No. 43-98/99 for fuel storage system retrofitting at City Hall, Police Station, Convention Center, TaPA and the Fleet Management fueling facilities, and authorizing the appropriation of $30,152 from Capital Projects Fund 351 into Work Order No. 2066 to fund the required work at City Hall an\ the Police Station. SRl~!J'<!J'!MS!MR!bdh f/retrofit.com F:\WORK\$ALL\BRUCEIRETROFIT COM