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Bid No. 30-01/02 -':.: :.,.. --::a "') CITY OF MIAMI BEACH, FLORIDA PROCUREMENT DIVISION 1700 CONVEr\TION CE:-:TER DRIVE ~.IL.l..M! BE.~.CI!. FLORIDA .33139 CONSTRUCTION CONTRACT DOCUMENTS PROJECT MANUAL FOR THE FOLLOWING PROJECT(S): REPAIR/REPLACEMENT OF THE WEST SIDE SIDEWALK AT THE MIAMI BEACH CONVENTION CENTER INVITATION TO BID NO.: 30-01/02 http:\ \ci.miami-beach.fl.us E-mail: guslopez@ci.miami-beach.fl.us Telephone: 305.673.7490 Facsimile: 305.673.7851 CITY CLERK BID NO: 30-01102 DATE: 04/22/01 CITY OF MIAMI BEACH 1 /Pj ,q /02- cl-A -- ~- ,. CITY OF MIAMI BEACH CITY HAll 1700 CONVENTION CENTER DRIVE MIAMI BEACH. flORIDA 33139 www.d.miami.beach.n.ul COMMISSION MEMORANDUM To: Mayor David Dermer and Members of the City Commission Date: June 19,2002 Jorge M. Gonzalez City Manager ??;!~"""Q_,dJ. ~~~: REQUEST FOR APPROVAL TO AWARD A CONTRACT TO THE LOWEST AND BEST BIDDER, BUADE CONSTRUCTION COMPANY, INC., IN THE AMOUNT OF $140,000, PURSUANT TO BID NO. 30-01/02 FOR THE REPAIR/REPLACEMENT OF THE WEST SIDE SIDEWALK AT THE MIAMI BEACH CONVENTION CENTER. ADMINISTRATION RECOMMENDATION: From: Subject: Approve the Award. FUNDING: $140,000, is available in the Convention Center Capital Account No. 441-2270-069358. ANALYSIS: Total funding in the amount of $34,727,820 has been appropriated from FY96/97 through FY01/02, for the Convention Center and Jackie Gleason Theater of the Performing Arts (TOPA) Capital Projects. Pursuant to the City Commission request for balance updates to be presented with Convention Center capital project requests, current preliminary figures through June 4,2002 show $18,397,184.49 disbursed, with an additional $786,512.78 encumbered for projects in progress. The total funding available was $35,000,000 with $10,000,000 pledged for interest generation to fund the Cultural Arts Council. Over the past several years, the royal palms planted within the confines of the sidewalk have raised large portions of the existing concrete. Therefore, the sidewalks have become uneven to a point where they have become a tripping hazard. This project was approved by the Convention Center Capital Oversight Committee on March 5, 2002. The work specified in this bid consists of fumishing all labor, machinery, tools, means of transportation, supplies, equipment, materials, services necessary for the demolition, replacement, repair and hauling of approximately 20,000 square feet of six inch thick concrete sidewalk. Replace existing expansion joints with new caulk consisting of a fiber type joint and removable expansion joints cap strips. Additionally, the valet booth at the Jackie Gleason needs a 54 square feet concrete slab, and approximately 100 linear feet of . curbing. Slab needs to have appropriate rebar, be leveled properly, and valet booth needs to be repositioned. 4 . ..., . Bid No. 30.01102 Page Two June19, 2002 ANALYSIS (Continued) Two (2) Notices to Proceed will be issued for this Contract. CONTRACTOR shall comm€lnc..e scheduling activities, perm!t applications and other pre-ronstn.:ctlon wof'l{ ~'.1thin fIVe (5) calendar days after the Project Initiation Date, which shall be the same as the date of the first Notice to Proceed. The first Notice to Proceed and Purchase Order will not be issued until CONTRACTOR's submission to CITY of all required documents (including but limited to: Payment and Performance Bonds, and Insurance Certificate) and after execution of the Contract by both parties. The contractor will be substantially completed with the work within sixty (60) calendar days from the issuance of the second Notice to Proceed. and completed and ready for final payment within fifteen (15) calendar days from the date certified by CONSUL T ANT as the date of Substantial Completion. The Contractor will provide Performance and Payment Bonds each in the amount of one-hundred (100%) percent of the contract price. Invitation of Bid No. 30-01/02 was issued on April 22, 2002, with an opening date of May 23, 2002. A non-mandatory pre-bid conference and site inspection was held on April 3D, 2002. DemandStar by Onvia issued bid notices to one-thousand three hundred fifty-nine (1359) prospective bidders, resulting in twenty three (23) vendors requesting bid packages, which resulted in the receipt of six (6) bids all being responsive. The tabulated results are attached. Procurement staff has checked references and Dun and Bradstreet reports have been secured, and Buade Construction Company, Inc. comes highly recommended. Buade Construction Company, Inc. has been in business for 7 years as a General Contractor. Additionally, Buade Construction Company has provided a list of projects of contract amounts of twenty-five thousand ($25,000.00) or higher in construction work for sidewalk replacement and repair work as identified in the bid specification's "Minimum Requirements". Pursuant to the reference check, the information provided, indicates that Suade Construction Company, Inc. provides quality work and completes all jobs within the required completion dates. CONCLUSION: Based on this analysis, the City recommends that the contract be awarded to the lowest and best bidder, Suade Construction Company, Inc. 5 . . Bid No. 30.01/02 Page Three June19,2002 BID TABULATION: City of Miami Beach. Procurement Division BldNo. 30-01/02 - REPAlRlREPLACEMENT OF THE WEST SIDE SIDEWALK AT THE MIAMI BEACH COMPANIES' PROPOSALS BUADE - caB SERVICES, CARIVON HARD J. PlO8 & SONS CONSTRUCTlOH, CONSTRUCTION. co. 110" INC. CONSTRUCTION co. CONSTRUCTION ENTl:Jtl'RJSES. INC. LUMP $140.000.00 $144.nO.OO $149.400.00 $164,735.00 $174.000.00 $176000.00 T:\AGENOA\2002\JUN1902\CONSEN1iMBCCSldewalkRepair.commMemo.doc , 6 . CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 hllp:\Ici,miami-beach.fl.us PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 I~VIT A TIO:'ll TO BID :'IlO. 30-01/02 ADDE~DL"I NO. .. "ay 17, 2002 REP AIRlREPLACEMENT OF THE \VEST SIDE SIDEWALK AT THE MIAMI BEACH COl\'VENTIO:\' CE:\'TER is amended as follows: I. Replace: Page 41 of the bid documents with attached amended page, Bidders are required to acknowledge this addendum on proposal page 111. "Acknowledgement of Addenda", or the bid may be considered non-responsive. CITY OF MIAMI BEACH ::;;.:~~,,~ .-'~-~~.. Gus Lopez, CPPO Procurement Director nn . 2.2 Time is of the essence throughout this Contract. The Work shall be substantially completed within Sixty (60) calendar days from the issuance of the second Notice to Proceed, and completed and ready for final payment in accordance with Article 5 within fifteen (15) calendar days from the date certified by CONSULTANT as the date of Substantial Completion. 2.3 Upon failure of CONTRACTOR to substantially complete the Contract within the specified period of time, plus approved time extensions, CONTRACTOR shall pay to CITY the sum of Two-Hundred Dollars ($200.00) for each calendar day after the time specified in Section 2.2 above, plus any approved time extensions, for Substantial Completion. After Substantial Completion should CONTRACTOR fail to complete the remaining work within the time specified in Section 2.2 above, plus approved time extensions thereof, for completion and readiness for final payment, CONTRACTOR shall pay to CITY the sum of Two-Hundred Dollars ($200.00) for each calendar day after the time specified in Section 2.2 above, plus any approved extensions, for completion and readiness for final payment. These amounts are not penalties but are liquidated damages to CITY for its inability to obtain full beneficial occupancy and/or use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by CITY as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of CONTRACTOR to complete the Contract on time. The above-stated liquidated damages shall apply separately to each portion of the Project for which a time for completion is given. 2.4 CITY is authorized to deduct liquidated damages from monies due to CONTRACTOR for the Work under this Contract or as much thereof as CITY may, in its sole discretion, deem just and reasonable. 2.5 CONTRACTOR shall be responsible for reimbursing CITY, in addition to liquidated damages, for all costs incurred by CONSULTANT in administering the construction of the Project beyond the completion date specified above, plus approved time extensions. CONSULTANT construction administration costs shall be pursuant to the contract between CITY and CONSULTANT, a copy of which is available upon request of the Contract Administrator. All such costs shall be deducted from the monies due CONTRACTOR for performance of Work under this Contract by means of unilateral credit change orders issued by CITY as costs are incurred by CONSULTANT and agreed to by CITY. BID NO: 30-01102 DATE: 04/22/02 CITY OF !\UAMI BEACH .U (Amended) Addendum 4 . . CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 hllp:\Ici.miami-beach. fl. us PROCUREMENT DIVISION Telephone (305) 673.7490 Facsimile (305) 673.7851 I~VITATIO~ TO BID ~O. 30-01102 ADDE;\lDUM ~O. 3 May 17,2002 REPAIR/REPLACEMENT OF THE WEST SIDE SIDEWALK AT THE MIAMI BEACH CONVENTION CENTER is amended as follows: I. The Bid Opening date is changed from May 21, 2002 to :\lay 23,2002 at 3:00 P.:\1. II. The following are responses to questions by contractors. Q. Under documents to be submitted with bid, it says bid guaranty 5 I 0,000.00 & on the same page it says 52000 bid guaranty. Please clarify. A. As stated on page 8. paragraph 2 of the bid document, please comply with the following: "Bid Guarantv: All bids shall be accompanied by either an original bid bond executed by a surety company meeting the qualifications for surety companies or by cash. money order, certified check. cashier's check, Bid Guaranty Form, Cnconditional Letter of Credit (Form 00410). treasurer's check or bank draft of any national or state bank (United States), in the amount ofS2,000.00" Q. How many light fixtures & drawings? A. North: Existing light fixtures = 18 New fixtures to be installed = 9 South: Existing light fixtures = 22 New fixtures to be installed = 11 Drawings are not available. Q. Any change on the electrical amp? A. By cutting the number oflight oflight fixtures in haiL the amperage will be less than the existing. (The required amp ratings identified with the light tixturc specifications. ) . Page 2 Addendum 3 ITB 30-01/02 Q. What's the distance to the existing electrical circuits? A. North: 85 feet from the panel to the first fixture. 200 feet from the first fixture to the last, with 25 feet intervals between fixtures. South: 89 feet from the panel to the first fixture. 250 feet from the first fixture to the last, with 25 feet intervals between fixture. Q. Can you provide the specification on the primer and paint for the sidewalk? A. H & C shield plus acrylic concrete stain (or equal). Products may be used for both prime coat and finish coat. You wiIl be required, upon request to provide any/all specifications. Should you decide to bid an "or Equal" product. III. Replace: Page 41 of the bid documents, attached. Bidders are required to acknowledge this addendum on proposal pagel] 1. "Acknowledgement of Addenda", or the bid may be considered non-responsive. CITY OF MIAMI BEACH :..-.; ........~.~ Gus Lopez, CPPO Procurement Director rm . CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 hltp:\\ci.miami-beach.ft, us PROCUREMENT DIVISION Telephone (305) 673.7490 Facsimile (305) 673.7851 I~VITATIO~ TO BID '"0. 30-01102 ADDE~DU)f '"0. 2 May 10,2002 REPAIRlREPLACEMENT OF THE WEST SIDE SIDEWALK AT THE MIAMI BEACH COl\'VENTlON CENTER is amended as follows: I. The Bid Opening date is changed from May 14.2002 to May 21, 2002 at 3:00 P.M. II. Attached please find an order form for As-Built Drawings, form needs to be filled out and faxed to T-Square Miami before you can place order. III. Clarification; Bid Guaranty is $2,000. and must be included \\ith your bid to be deemed responsive, IV. Change: Page 7 ":\linimum Requirements" "Prospective Bidder (General Contractor) must ha\.e a minimum of J. years experience in providing sidewalk replacement and repair work as identified in the bid specifications and at least four (4) separate projects of twenty-the thousand (S25.000.00) or higher in construction work." V. Estimated Budget for this project is SI50,000.00 Bidders are required to acknowledge this addendum 0:: proposal page1l1. "Acknowledgement of Addenda", and shall submit a copy of this addendum 'xllh their bid, or the bid may be considered non-responsrlie. CITY OF MIAMI BEACH ~. .,/' / ~?~ ..?-.~" "'~,- /~'. / .'"" ..- - j ...- Gus Lopez. CPPO Procurement Director rm . . C.O.D Order T-SQUARE ATTN:CAR1\.fEN DAVILA FAX 305-324-8040 PHONE 305-3241234 EX. 320 CITY OF MIAMI BEACH RID # 30-01/02 Authorized by: Roman Martinez Fax: 305.324.8040 ComDlete Set 5. As-Builts Drawinas. 36 x 42 Price per SQ.FT 5 .12cnts full size! half size 5 1.00 per first COP). &.45 second cop~ Total (MINIMUM ORDER FOR FREE DELIVERY 520.00 PER DELIVER) COMPASYNAME. ORDER BY: Bill to: COD T-Square Acct# 613204 Cash: Credit Card # Visa: Amex:_'laster: Other: Ex. date In the name of: Authorization signature Ship TO: Cit) State zip code Phone: _-_-_Fax:_ -_ -_ Contact name Title Receind b~: shipped by: l'PS # HDEX II Receind by: shipped by: lPS # FEDEX" :\ext day air air :\ext day air saHr _Ground _Second day. air ..\\1 Second Three day select Handling charge S Order recei\ ed by T-Square: Tille: ANY QUESTION AT T-SQUARE PLEASE CALL 305-324-1234 ASK FOR: Rusty James = VP Production Don Walker = Production Department Jesus Luya = Production Department Veronica Lorza = Account Manager Carmen Elena Davila = Sales Manager = Ext. 202 = Ext. 224 = Ext 224 = Ext. 230 = Ext. 320 If you already have an account "ith T -Square please use your account # to place the order. Thank you for your business. . . CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FlORIDA 33139 hllp:\\ci .miami-beach. fl. us PROCUREMENT DIVISION Telephone (3051673-7490 Facsimile (305) 673.7851 I~YITATIO~ TO BID ~O. 30-01/02 ADDE~DUM ~O. 1 April 25, 2002 REPAIRlREPLACEMEl\'T OF THE WEST SIDE SIDEWALK AT THE MIAMI BEACH CONVE~TION CE~TER is amended as follows: I. Page 7 of the bid document under "Minimum Requirement" has been amended to read: ":\Iinimum Requirements: Prospective Bidder (General Contractor) must have a minimum of J years experience in providing sidewalk replacement and repair work as identified in the bid specifications for at least four (4) separate projects of twenty-five thousand (525.000.00) or higher in construction work."' Bidders are required to acknowledge this addendum on proposal pagell L "Acknowledgement of Addenda", and shall submit a copy of this addendum with their bid. or the bid may be considered non-responsive, CITY OF MIA!vfI BEACH .:,:-~:"'..'~-~.;'--::;' " " . -~-- Gus Lopez, CPPO Procurement Director Je ~ NOTICE TO USING DEPARTMENT(S) AND CONSULTANTS Any deviations from City of Miami Beach Standard Form Construction Contract Documents or any conflicts between the Technical Specifications, or the Supplementary Conditions and 'dle::.ti: DOCUllltHlis must be submitted in writing to the City's Procurement Director and to the Office of the City Attorney for approval prior to the public notice of the Invitation for Bid. All deviations or conflicts with the standard form must be listed by paragraph number and page number. () There are no deviations () There are deviations and/or conflicts per the attached pages D1 through (Using Department) (Director) (Consultant) Changes approved by: City Attorney Procurement Director Date Date BID so: 30-01102 DATE: 04/22/01 CITY OF MIAMI BEACH 2 . TABLE OF CONTENTS PAGE NOTICE FOR BIDS........................................... ..... .................... ............ ............. .... ........7 NO BID NOTIFICATION FORM ...................................................................................10 00100. . 00200. 00300. 00400. 00405. 00407. 00410. 00500. BID NO: 30-01102 DATE: 04/22/01 GENERAL INSTRUCTIONS TO BIDDERS............................................. 11 DEFINITIONS............................................................... ........................... 12 INSTRUCTIONS TO BIDDERS ............................................................... 15 1. Examination of Contract Documents and Site............................... 15 2. Pre-Bid Interpretations ..................................................................15 3. Submitting Bids .......................................... ....... ...................... ...... 16 4. Printed Form of Bid ....................................................................... 16 5. Bid Guaranty .................................................................................16 6. Acceptance or Rejection of Bids ................................................... 16 7. Determination of Award................................................................. 17 8. Evaluation ..................................................................................... 17 9. Contract Price ...............................................................................17 10. Postponement of Date for Presenting and Opening of Bids.......... 17 11. Qualifications of Bidders. ........ .............. .... ..... ....... ........................ 17 12. Addenda and Modifications.......................................................... 18 13. Prevailing Wage Rates................................................................. 18 14. Occupational Health and Safety................................................... 18 15. Environmental Regulations.... ............ ........ ....... ...... ................ .... 19 16. "Or Equal" Clause ......................................................................19 17. Protested Solicitation and Award .................................................. 20 18. Financial Stability and Strength..................................................... 20 BID/TENDER FORM..... ...... ........................................ ........................ ..... 21 CITY OF MIAMI BEACH LICENSES, PERMITS AND FEES................... 24 SCHEDULE OF PRICES BID .................................................................. 25 BID GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT ................................................ 26 SUPPLEMENT TO BIDfTENDER FORM QUESTIONNAIRE .................... ... ................... ..................................... ....28 CITY OF "flAMl BEACH 3 00520. 00530. 00540. 00550. 00600. 00708. 00710. 00720. 00721. 00735. 00800. TABLE OF CONTENTS (Continued) SUPPLEMENT TO BIDfTENDER FORM NON-COLLUSION CERTIFICATE ..........................................................34 SUPPLEMENT TO BIOnENDER FORM DRUG FREE WORKPLACE CERTIFICATION ....................................... 35 SUPPLEMENT TO BIDfTENDER FORM TRENCH SAFETY ACT........................................................................... 37 RECYCLED CONTENT INFORMATION ................................................. 39 CONTRACT.... ............. ............................................................................ 40 FORM CERTIFICATE OF INSURANCE.................................................. 49 FORM OF PERFORMANCE BOND ........................................................ 50 FORM OF PAYMENT BOND................................................................... 53 CERTIFICATE AS TO CORPORATE PRINCIPAL ................................. 56 PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT ................................................ 57 GENERAL CONDITIONS ........................................................................ 59 1. Project Manual. ,................................................... ......................... 59 2. Intention of City ............................................................................59 3. Preliminary Matters ....................................................................... 60 4. Performance Bond and Payment Bond ......................................... 61 5. Qualification of Surety................................................................... 62 6. Indemnification .............................................................................. 64 7. Insurance Requirements ............................................................... 64 8. Labor and Materials ...................................................................... 67 9. Royalties and Patents ................................................................... 68 10. Weather..... ........................................................... ............ ....... ..... 68 11. Permits, Licenses and Impact Fees .............................................. 68 BID NO: 30-01102 CITY OF MIAMI BEACH DATE: 04/22/01 4 TABLE OF CONTENTS (Continued) 12. Resolution of Disputes .................................................................. 69 13. Inspection of Work................. ...................................... ......... ........ 70 14. Superintendence and Supervision ................................................ 70 15. City's Righi to Terminate Contract ...............................................12 16. Contractor's Right to Stop Work or Terminate Contract ................ ....... ..... ................................ .... ....... 73 17. Assignment ................................................................................... 73 18. Rights of Various Interests ............................................................ 74 19. Differing Site Conditions................................................................ 74 20. Plans and Working Drawings ........................................................ 75 21. Contractor to Check Plans, Specifications, and Data ............................................................... 75 22. Contractor's Responsibility for Damages and Accidents ...............................................................75 23. Warranty ....................................................................................... 75 24. Supplementary Drawings ....... ................................... ..... ....... ......76 25. Defective Work.............................................................................. 76 26. Taxes ...... ....... ...... ........ ..... ..... ........ ...................... ...... .... ...............77 27. Subcontracts .......................................... .......................................77 28. Separate Contracts ...................................................................... 77 29. Use of Completed Portions ......................................................... 78 30. Lands for Work..............................................................................79 31. Legal Restrictions and Traffic Provisions .................................... 79 32. Location and Damage to Existing Facilities, Equipment or Utilities ..................................................80 33. Value Engineering .................................... ........ ....... ......................81 34. Continuing the Work..................................................................... 81 35. Changes in the Work or Terms of Contract Documents ..................... .......... ............... ...................81 36. Field Orders and Supplemental Instructions ................................. 82 37. Change Orders.............................................................................. 82 38. Value of Change Order Work......................................................... 82 39. Notification and Claim for Change of Contract Time or Contract Price.................................................... 88 40. No Damages for Delay.................................................................. 88 41. Excusable Delay; Compensable; Non-Compensable ........ ............. .............. ....... ........ ......................89 42. Substantial Completion ................................................................. 90 43. No Interest .................................................................................... 90 44. Shop Drawings.............................................................................. 91 BID NO: 30-01/02 CITY OF MIAl\f1 BEACH DATE: 04/22/01 5 00900. 00920. 00922. 00923. 00925. 00926. 00930. 00950. 01000. 02000. 03000. 04000. 05000. 06000 BID NO: 30-01/02 DATE: 04/22/01 TABLE OF CONTENTS (Continued) 45. Assignment............................... .... .............. .................................. 93 46. Safety and Protection ....... ..... ................................ ........................93 47. Final Bill of Materials ..................................................................... 94 48. Payment by City for Tf'st~ .......................................... 94 49. Project Sign............................ ............................................... ........ 94 50. Hurricane Precautions....................... .................... ........................ 94 51. Cleaning Up; City's Right to Clean Up........................................... 95 52. Removal of Equipment.................................................................. 95 53. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities AcL............................................ 95 54. Project Records............................................................................. 96 SUPPLEMENTARY CONDITIONS.......................................................... 96 ADDITIONAL ARTiCLES................. ................................ ................ ........ 98 1. Prevailing Wage Rate Ordinance.................................................. 98 2. Federal Grant Projects.................................................................. 98 STATEMENT OF COMPLIANCE (PREVAILING WAGE RATE ORDINANCE NO. 83-72)...........................99 STATEMENT OF COMPLIANCE (DAVIS BACON ACT)............................................................................ 100 CERTIFICATE OF SUBSTANTIAL COMPLETION ............................... 101 FINAL CERTIFICATE OF PAyMENT.................................................... 103 FORM OF FINAL RECEiPT................................................................. 104 DRAWINGS INDEX ............................................................................... 106 ADDENDA AND MODIFICATIONS .......................................................107 TECHNICAL SPECIFICATIONS.. ............. .... ................ ............. ............ 108 BID PROPOSAL FORM......................................................................... 110 ACKNOWLEDGEMENT OF ADDENDA................................................ 111 CUSTOMER REFERENCE LISTING ....................................................112 ORDINANCES; LOBBYIST, CONE OF SILENCE, DEBARMENT, CODE OF BUSINESS ETHICS. PROTESTED SOLICITATION AWARD ........ 114 CITY OF MIAMI BEACH 6 . CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.fl.us m PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 INVITATION TO BID NO. 30-01/02 NOTICE TO CONTRACTORS Sealed bids will be received by the City of Miami Beach Procurement Director, 3rd Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on the 14th day of May 2002 for: REPAIR/REPLACEMENT OF THE WEST SIDE SIDEWALK AT THE MIAMI BEACH CONVENTION CENTER Scope of Work: The work specified in this bid consists of furnishing all labor, machinery, tools, means of transportation, supplies, equipment, materials, services necessary for the demolition, replacement, repair and hauling of approximately 20,000 sq feet of six inch thick concrete sidewalk. Replace existing expansion joints with new caulk all asphalt impregnated fiber type and include removable expansion joints cap strips. Additionally, the valet booth at the Jackie Gleason needs a 54 sq. ft. concrete slab, and approximately 100 linear ft. of curbing. Slab needs to have appropriate rebar, be leveled properly, and valet booth needs to be repositioned. All other work indicated on the Technical Specifications Section 02000. of the bid document. Minimum Requirements: Prospective Bidder (General Contractor) must have minimum of 5 years experience in providing sidewalk replacement and repair work for single projects of seventy-five thousand ($75,000.00) or higher in construction work. 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. Please be advised that the City has implemented enhanced security measures and as a result you must present a photo identification card (Le. driver's license) before entering our City Hall building. Bidders may expect delays up to 30 minutes, and should therefore plan accordingly in giving themselves enough time to deliver bid/proposal by the due date and time as specified herein. The responsibility for submitting a bid/proposal before the stated time and date is solely and strictly the responsibility of the bidder/proposer. The city is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. A Pre-Bid Conference will be held at 11 :00 a.m. on April 30, 2002 at the City of Miami Beach Convention Center Executive Offices, Fourth Floor, located at 1901 Convention Center Drive, Miami Beach, FL 33139. BID NO: 30-01/02 DATE: 04/22/02 CITY OF MIA:\-II BEACH 7 . Attendance at the Pre bid Conference is highly encouraged and recommended as a source of information but is not mandatory. Bid Guarantv: All bids shall be accompanied by either an original bid bond executed by a surety company meeting the qualifications for surety companies or by cash, money order, certified check, cashier's check, Bid Guaranty Form, Unconditional Letter of Credit (Form 00410), treasurer's check or bank draft of any national or state bank (United States), in the amount of $2,000.00 payable to City of Miami Beach, Florida, and conditioned upon the successful Bidder executing the Contract and providing the required Performance Bond and Payment Bond and evidence of required insurance within fifteen (15) calendar days after notification of award of the Contract. A PERSONAL CHECK OR A COMPANY CHECK OF A BIDDER SHALL NOT BE DEEMED A VALID BID SECURITY. The City has contracted with DemandStar by Onvia as our electronic procurement service for automatic notification of bid opportunities and document fulfillment. We encourage you to participate in this bid notification system. To find out how you can receive automatic bid notifications or to obtain a copy of this Bid, go to www.demandstar.com or call toll-free 1-800-711-1712, and request Document #303. Subscribing to DemandStar by Onvia's bid notification system is not a requirement. You will still be able to find bid information and download documents through the City's website (htto:l/cLmiami-beach.fl.us. From the City's home page, click on E-Government - on line services on the next web page click on Request Bid Information and Bid Status and follow the instructions. You will be charged an administrative fee of $5.00 by DemandStar to download this document. Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing by mail or facsimile to the Procurement Department, 1700 Convention Center Drive, Miami Beach, FL 33139 FAX: (305) 673-7851. The Bid title/number shall be referenced on all correspondence. All questions must be received no later than ten (10) calendar days prior to the scheduled Bid opening date. All responses to questions/clarifications will be sent to all prospective bidders in the form of an addendum. The City of Miami Beach reserves the right to accept any proposal or bid deemed to be in the best interest of the City of Miami Beach, or waive any informality in any proposal or bid. The City of Miami Beach may reject any and all proposals or bids. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CONE OF SILENCE, " IN ACCORDANCE WITH ORDINANCE NO. 99-3164. A COPY OF ALL WRITTEN COMMUNICATION(S) REGARDING THIS BID MUST BE FILED WITH THE CITY CLERK. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CODE OF BUSINESS ETHICS" ("CODE"), IN ACCORDANCE WITH RESOLUTION NO. 2000-23879. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE CITY OF MIAMI BEACH DEBARMENT ORDINANCE NO. 2000-3234. BID NO: 30-01102 DATE: 04/22/02 CITY OF :\IIAMI BEACH 8 YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE BID SOLICITATION PROTEST ORDINANCE NO. 2002-3344. CITY OF MIAMI BEACH // .-p/ ~.", ~,.,- /,". ....~..~_.- I o. Gus Lopez, CPPO Procurement Director BID :"'0: 30-01102 DATE: 04/22/02 CITY OF MIAMI BEACH 9 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE. MIAMI BEACH. FLORIDA 33139 hllp:\Ici.miami-beach .fl.us PROCUREMENT DIVISION Telephone (305) 673.7490 Facsimile (305) 673-7851 Bid No. 30-01/02 REPLACEMENT OF THE MIAM! BEACH CONVENTION CENTER WEST SIDE SIDEWALK REPAIR NOTICE TO PROSPECTIVE BIDDERS NO BID If not submitting a bid at this time, please detach this sheet from the bid documents, complete the information requested, and return to the address listed above. NO BID SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED: _ Our company does not handle this type of producVservice. _ We cannot meet the specifications nor provide an alternate equal product. Our company is simply not interested in bidding at this time. Due to prior commitments. I was unable to attend pre-proposal meeting. OTHER (Please specify) We do _ do not _ want to be retained on your mailing list for future bids for this type or product and/or service. Signature: Title: Company: Note: Failure to respond, either by submitting a bid or this completed form, may result in your company. BID NO: 30-01102 DATE: 04/22/02 CITY OF MIAMI BEACH 10 . 00100. GENERAL INSTRUCTIONS TO BIDDERS: 1. General: The following instructions and those set forth in Section 00300 herein are given for the purpose of guiding Bidders in properly preparing their bids. Such instructions have equal force and weight with other portions of the Contract Documents and strict compliance is required with all the provisions contained in the instructions. Bidders shall note that various paragraphs within these bid documents have a [ ] box which may be checked. If the box is checked, the language is made a part of the bid documents and compliance therewith is required of the Bidder; if the box is not checked, the language is not made a part of the bid documents. 2. Scooe of Work: The work specified in this bid consists of furnishing all labor, machinery, tools, means of transportation, supplies, equipment, materials, services necessary for the demolition, replacement, repair and hauling of approximately 20,000 sq feet of six inch thick concrete sidewalk. Replace existing expansion joints with new caulk all asphalt impregnated fiber type and include removable expansion joints cap strips. Additionally, the valet booth at the Jackie Gleason needs a 54 sq. ft. concrete slab, and approximately 100 linear ft. of curbing. Slab needs to have appropriate rebar, be leveled properly, and valet booth needs to be repositioned. All other work indicated on the Technical Specifications Section 02000. of the bid document 3. Location of Work: City of Miami Beach Convention Center, 1901 Convention Center Drive, Miami Beach, FL 33139 4. Abbreviations and Svmbols: The abbreviations used throughout the Contract Documents are defined hereinafter in the Technical Specifications. The symbols used in the Plans are defined therein. BID NO: 30-01102 DATE: 04/22/02 CITY OF :\IIA1\<1I BEACH 11 . 00200. DEFINITIONS: 1. Definitions: Whenever the following terms or pronouns in place of them appear in the Project Manual, the intent and meaning shall be interpreted as follows: 1.1. Bidder: Any individual, firm, or corporation submitting a bid for this Project, acting directly or through a duly authorized representative. 1.2. Change Order: A written document ordering a chan~e in the Contract Price or Contract Time or a material change in the Work. 1.3. City: The City (or Owner) shall mean the City of Miami Beach, a Florida municipal corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, which is a party hereto and lor for which this Contract is to be performed. In all respects hereunder, City's performance is pursuant to City's position as the owner of a construction project. In the event City exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, laws and ordinances shall be deemed to have occurred pursuant to City's regulatory authority as a governmental body and shall not be attributable in any manner to City as a party to this Contract. 1 A. City Commission: City Commission shall mean the governing and legislative body of the City. 1.5. City Manager: City Manager shall mean the Chief Administrative Officer of the City. 1.6. Consultant: Architect or Engineer who has contracted with City or who is an employee of City, to provide professional services for this Project. 1.7. Contract: The part or section of the Contract Documents addressing some of the rights and duties of the parties hereto, including but not limited to contract time and liquidated damages. 1.8. Contract Documents Clarification: (Not Applicable) 1.9. Contract Administrator: The City's Contract Administrator shall mean the individual appointed by the City Manager who shall be the City's authorized representative to coordinate, direct, and review on behalf of the City, all matters related to the Project. 1.10. Contract Documents: The Project Manual including drawings (plans) and specifications, the Notice for Bids, Addenda, if any, to the Project Manual, the Bid Tender Form, the record of the award by the City Commission, the Performance Bond and Payment Bond, the Notice of BID NO: 30-01102 CITY Of MIAMI BEACH DATE: 04/22/02 12 . 1.11. 1.12. 1.13. 1.14. 1.15. 1.16. 1.17. 1.18. 1.19. BID SO: 30-01102 DA TE: 04/22/02 Award, the Notice(s) to Proceed, the Purchase Order, Change Orders. Field Orders. Supplemental Instructions, and any additional documents the submission of which is required by this Project Manual. are the documents which are collectively referred to as the Contract Documents. Contract Price: The original amount established in the bid submittal and award by the City, as may be amended by Change Order. Contract Time: The original time between commencement and completion, including any milestone dates thereof, established in Article 2 of the Contract. as may be amended by Change Order. Contractor: The person, firm, or corporation with whom the City has contracted and who is responsible for the acceptable performance of the Work and for the payment of all legal debts pertaining to the Work. All references in the Contract Documents to third parties under contract or control of Contractor shall be deemed to be a reference to Contractor. Field Order: A written order which orders minor changes in the Work but which does not involve a change in the Contract Price or Contract Time. Final Completion: The date certified by Consultant in the Final Certificate of Payment upon which all conditions and requirements of any permits and regulatory agencies have been satisfied; any documents required by the Contract Documents have been received by Consultant; any other documents required to be provided by Contractor have been received by Consultant; and to the best of Consultant's knowledge, information and belief the Work defined herein has been fully completed in accordance with the terms and conditions of the Contract Documents. Inspector: An authorized representative of Consultant or City assigned to make necessary inspections of materials furnished by Contractor and of the work performed by Contractor. Materials: Materials incorporated in this Project, or used or consumed in the performance of the Work. Notice(s) to Proceed: Written notice to Contractor authorizing the commencement of the activities identified in the notice or as described in the Contract Documents. Plans and/or Drawings: The official graphic representations of this Project which are a part of the Project Manual. CITY OF MIA:\II BEACH 13 1.20. Program Manager: N/A 1.21. Project: The construction project described in the Contract Documents, including the Work described therein. 1.22. Project Initiation Date: The date upon which the Contract Time (;ornn Itlnces. 1.23. Project Manual: The official documents setting forth bidding information and requirements; contract form, bonds, and certificates; General and Supplementary Conditions of the Contract Documents; the specifications; and the plans and drawings of the Project. 1.24. Resident Project Representative: An authorized representative of Consultant or Program Manager assigned to represent Consultant or Program Manager on the Project. 1.25. Subcontractor: A person, firm or corporation having a direct contract with Contractor including one who furnishes material worked to a special design according to the Contract Documents, but does not include one who merely furnishes Materials not so worked. 1.26. Substantial Completion: The date certified by Consultant when all conditions and requirements of permits and regulatory agencies have been satisfied and the Work is sufficiently complete in accordance with the Contract Documents so the Project is available for beneficial occupancy by City. A Certificate of Occupancy or Certificate of Completion must be issued for Substantial Completion to be achieved, however, the issuance of a Certificate of Occupancy or Certificate of Completion or the date thereof are not to be determinative of the achievement or date of Substantial Completion. 1.27. Surety: The surety company or individual which is bound by the performance bond and payment bond with and for Contractor who is primarily liable, and which surety company or individual is responsible for Contractor's satisfactory performance of the work under the contract and for the payment of all debts pertaining thereto in accordance with Section 255.05, Florida Statutes. 1.28. Work: The construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by Contractor to fulfill Contractor's obligations. The Work may constitute the whole or a part of the Project. BID NO: 30-01102 CITY OF MIA:\lI BEACH DATE: 04/22/02 14 00300. INSTRUCTIONS TO BIDDERS: 1. Examination of Contract Documents and Site: It is the responsibility of each Bidder before submitting a Bid, to: 1.1. Examine the Contract Documents thoroughly, 1.2. Visit the site or structure to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work, 1.3. Take into account federal, state and local (City and Miami-Dade County) laws, regulations, ordinances that may affect costs, progress, performance, furnishing of the Work, or award, 1.4. Study and carefully correlate Bidder's observations with the Contract Documents, and 1.5. Carefully review the Contract Documents and notify Consultant of all conflicts, errors or discrepancies in the Contract Documents of which Bidder knows or reasonably should have known. The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the Contract Documents and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 2. Pre-Bid Interpretations: Only questions answered by written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. All questions about the meaning or intent of the Contract Documents are to be directed to the City's Procurement Director in writing. Interpretations or clarifications considered necessary by the City's Procurement Director in response to such questions will be issued by City by means of Addenda mailed or delivered to all parties recorded by the City's Procurement Director as having received the Bidding Documents. Written questions should be received no less than ten (10) calendar days prior to the date of the opening of Bids. There shall be no obligation on the part of City or the City's Procurement Director to respond to questions received less than ten (10) calendar days prior to bid opening. BID NO: 30-01/02 DA TE: 04/22/02 CITY OF MIAMI BEACH 15 3. Submittina Bids: All bids must be received in the Procurement Division, City of Miami Beach, 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139, before the time and date specified for bid opening, enclosed in a sealed envelope, legibly marked on the outside: BID FOR: REPAIR/REPLACEMENT OF THE WEST SIDESIDEWALK AT THE MIAMI BEACH CONVENTION CENTER BID/CONTRACT NO.: 30-01/02 4. Printed Form of Bid: All bids must be made upon the blank BidfTender Form included herein and must give the price in strict accordance with the instructions thereon. The bid must be signed and acknowledged by the Bidder in accordance with the directions on the bid form. 5. Bid Guaranty: All bids shall be accompanied by either an original bid bond executed by a surety company meeting the qualifications for surety companies as specified in Section 5, General Conditions, or by cash, money order, certified check, cashier's check, Bid Guaranty Form, Unconditional Letter of Credit (Form 00410), treasurer's check or bank draft of any national or state bank (United States), in the amount of $2,000.00, payable to City of Miami Beach, Florida, and conditioned upon the successful Bidder executing the Contract and providing the required Performance Bond and Payment Bond and evidence of required insurance within fifteen (15) calendar days after notification of award of the Contract. A PERSONAL CHECK OR A COMPANY CHECK OF A BIDDER SHALL NOT BE DEEMED A VALID BID SECURITY. Security of the successful Bidder shall be forfeited to the City of Miami Beach as liquidated damages, not as a penalty, for the cost and expense incurred should said Bidder fail to execute the Contract, provide the required Performance Bond, Payment Bond and Certificate(s) of Insurance, -within fifteen (15) calendar days after notification of the award of the Contract, or failure to comply with any other requirements set forth herein. The time for execution of the Contract and provision of the Performance Bond, Payment Bond and Certificate(s) of Insurance may be extended by the City's Procurement Director for good cause shown. Bid Securities of the unsuccessful Bidders will be returned after award of Contract. 6. Acceptance or Reiection of Bids: The City reserves the right to reject any or all bids prior to award. Reasonable efforts will be made to either award the Contract or reject all bids within ninety (90) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price before the expiration of ninety (90) calendar days from the date of bid opening. A Bidder may withdraw its bid after the expiration of ninety (90) calendar days from the BID NO: 30-01102 DATE: 04/22/02 CITY OF :\lIAMI BEACH 16 date of bid opening by delivering written notice of withdrawal to the Purchasing Division prior to award of the Contract by the City Commission. 7. Determination of Award: The City Commission shall award the contract to the lowest and best bidder. In determining the lowest and best bidder, in addition to price. there shall be considered the following: a. The ability, capacity and skill of the bidder to perform the Contract. b. Whether the bidder can perform the Contract within the time specified, without delay or interference. c. The character, integrity, reputation, judgement, experience and efficiency of the bidder. d. The quality of performance of previous contracts. e. The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. 8. Evaluation: An interim performance evaluation of the successful Contractor may be submitted by the Contract Administrator during construction of the Project. A final performance evaluation shall be submitted when the Request for Final Payment to the construction contractor is forwarded for approval. In either situation, the completed evaluation(s) shall be forwarded to the City's Procurement Director who shall provide a copy to the successful CONTRACTOR. Said evaluation(s) may be used by the City as a factor in considering the responsibility of the successful CONTRACTOR for future bids with the City. 9. Contract Price: The Contract Price is to include the furnishing of all labor, materials, equipment including tools, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the Contract Documents. The cost of any item(s) of Work not covered by a specific Contract unit price or lump sum price shall be included in the Contract unit price or lump sum price to which the item(s) is most applicable. 10. Postponement of Date for Presentinq and Openina of Bids: The City reserves the right to postpone the date for receipt and opening of bids and will make a reasonable effort to give at least seven (7) calendar days written notice of any such postponement to each prospective Bidder. 11. Qualifications of Bidders: Bids shall be considered only from firms normally engaged in performing the type of work specified within the Contract Documents. Bidder must have adequate organization, facilities, equipment, and personnel to ensure prompt and efficient service to City. BID NO: 30-01/02 DATE: 04/22/02 CITY OF MIAMI BEACH 17 In determining a Bidder's responsibility and ability to perform the Contract, City has the right to investigate and request information concerning the financial condition, experience record, personnel, equipment, facilities, principal business location and organization of the Bidder, the Bidder's record with environmental regulations, and the claims/litigation history of the Bidder. 12. Addenda and Modifications: The City shall make reasonable efforts to issue addenda within seven (7) calendar days prior to bid opening. All addenda and other modifications made prior to the time and date of bid opening shall be issued as separate documents identified as changes to the Project Manual. 13. Prevailina Waae Rates: City of Miami Beach Ordinance No, 94-2960 provides that in all non-federally funded construction contracts in excess of one million dollars to which the City of Miami Beach is a party, the rate of wages and fringe benefits, or cash equivalent, for all laborers, mechanics and . apprentices employed by any contractor or subcontractor on the work covered by the contract, shall not be less than the prevailing rate of wages and fringe benefit payments or cash equivalence for similar skills or classifications of work, as established by the Federal Register, in the City of Miami Beach, Florida. The provisions of this Ordinance shall not apply to the following projects: a. water, except water treatment facilities and lift stations; b. sewer, except sewage treatment facilities and lift stations; c. storm drainage; d. road construction, except bridges or structures requiring pilings; and e. beautification projects, which may include resurfacing new curbs, gutters, pavers, sidewalks, landscaping. new lighting, bus shelters, bus benches and signage. 14. Occupational Health and Safetv: In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this bid must be accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the manufacturer. The MSDS must include the following information: 14.1. The chemical name and the common name of the toxic substance. 14.2. The hazards or other risks in the use of the toxic substance, including: 14.2.1. The potential for fire, explosion, corrosion, and reaction; BID NO: 30-01102 DATE: 04/22/02 CITY OF MIAMI BEACH 18 14.2.2. The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and 14.2.3. The primary routes of entry and symptoms of overexposure. 14.3. The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of overexposure. 14.4. The emergency procedure for spills, fire, disposal, and first aid. 14.5. A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. 14.6. The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. 15. Environmental Reaulations: The City reserves the right to consider a Bidder's history of citations and/or violations of environmental regulations in investigating a Bidder's responsibility, and further reserves the right to declare a Bidder not responsible if the history of violations warrant such determination in the opinion of the City. Bidder shall submit with its Bid, a complete history of all citations and/or violations, notices and dispositions thereof. The non submission of any such documentation shall be deemed to be an affirmation by the Bidder that there are no citations or violations. Bidder shall notify the City immediately of notice of any citation or violation which Bidder may receive after the Bid opening date and during the time of performance of any contract awarded to it. 16. "Or Equal" Clause: Whenever a material, article or piece of equipment is identified in the Contract Documents including plans and specifications by reference to manufacturers' or vendors' names, trade names, catalog numbers, or otherwise, City, through Consultant, will have made its best efforts to name at least three (3) such references. Any such reference is intended merely to establish a standard; and, unless it is followed by the words "no substitution is permitted" because of form, fit, function and quality, any material, article, or equipment of other manufacturers and vendors which will perform or serve the requirements of the general design will be considered equally acceptable provided the materials, article or equipment so proposed is, in the sole opinion of Consultant, equal in substance, quality and function. BID NO: 30-01102 DATE: 04/22/02 CITY OF MIAMI BEACH 19 ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S PROCUREMENT DIRECTOR, WHO SHALL FORWARD SAME TO CONSULTANT. 17. Protested Solicitation Award: Bidders that are not selected mc::y protest any recommendation for Contract award in accordance with City of Miami Beach Ordinance No. 2002-3344, which establishes procedures for resulting protested bids and proposed awards. Protest not timely pursuant to the requirements of Ordinance No. 2002-3344 shall be barred. 18. Financial Stability and Strenqth: The bidder must be able to demonstrate a good record of performance and have sufficient financial resources to ensure that they can satisfactorily provide the goods and/or services required herein. Bidders/Proposers shall submit financial statements for each of their last two complete fiscal years within ten (10) calendar days, upon written request. Such statements should include, as a minimum, balance sheets (statements of financial position) and statements of profit and loss (statement of net income). When the bid submittal is from a Joint Venture, each Bidder/Proposer involved in the Joint Venture must submit financial statements as indicated above. Any Bidder/Proposer who, at the time of bid submission, is involved in an ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the Bidder/Proposer under federal bankruptcy law or any state insolvency, may be declared non-responsive. BID ~O: 30-01102 DATE: 04/22/02 CITY OF MIAMI BEACH 20 00400. BIDfTENDER FORM: Submitted: ~\d--~\l) "")- Date Citt of Miiarni Beach, Florida 1700 Convention Center Drive Miami Beach, Florida 33139 The undersigned, as Bidder, hereby declares that the only persons interested in this bid as principal are named herein and that no person other than herein mentioned has any interest in this bid or in the Contract to be entered into; that this bid is made without connection with any other person, firm, or parties making a bid; and that it is. in all respects, made fainy and in good faith without collusion or fraud. The Bidder further declares that it has examined the site of the Work and informed itself fully of all conditions pertaining to the place where the Work is to be done; that it has examined the Contract Documents and all addenda thereto furnished before the opening of the bids, as acknowledged below; and that it has satisfied itself about the Work to be performed; and that it has submitted the required Bid Guaranty; and all other required information with the bid; and that this bid is submitted voluntarily and willingly The Bidder agrees, if this bid is accepted, to contract with the City. a political subdiviSon of the State of Florida, pursuant to the terms and conditions of the Contract Documents and to furnish all necessary materials, equipment, machinery. tools, apparatus, means of transportation, and all labor necessary to construct and complete within the: 'TIe limits specified the Work covered by the Contract Documents for the Project entitled , The Bidder also agrees to furnish the required Performance Bond and Payment Bor": or alternative form of security, if permitted by the City, each for not less than the tota :Id price plus alternates, if any, and to furnish the required Certificate(s) of Insurance. The undersigned further agrees that the bid guaranty accompanying the bid shall De forfeited if Bidder fails to execute said Contract, or fails to furnish the reqUired Performance Bond and Payment Bond or fails to furnish the required Certificate(s) of Insurance within fifteen (15) calendar days after being notified of the award of the Contract. In the event of arithmetical errors, the Bidder agrees that these errors are errors which may be corrected by the City. In the event of a discrepancy between the price bid in figures and the price bid in words, the price in words shall govern. Bidder agrees that any unit price listed in the bid is to be multiplied by the stated quantity requirements in order to arrive at the total. 810 NO: 30-01102 DATE: 04122102 CITY OF MIAMI BEACH 21 Acknowledgment is hereby made of the following addenda (identified by number) received since issuance of the Project Manual: ~\ lJ--;} ~~ 4 f~o ~ r l.tal ()). r1n(('}J. 1b4 S-/r)/o)- Attached is a Bid Bond ~ Cash [ ]. Money Order [ ], Unconditional Letter of Credit [ ], Treasurer's Check [ ]. Bank Draft [ ]. Cashier's Check [ ]. or Certified Check [ ] No. Bank of for the sum of Dollars ($ ). The Bidder shall acknowledge this bid by signing and completing the spaces provided below. Name of Bidder: ~c..-...~e ~<-......"'-.~\~ 1"4-: ~ t C)~~Jc.<"\..... .::r/~ d City/State/Zip: \C\ ) b \ ~ <---) \ ~ lc k-'<.. \'Y"\ ~c.--.~', \: '-- ~ ~ \J' Telephone No.: ~ .s:: /.:+~ I...{ - ~"& ') <0 Social Security No. or Federal I.D.No.: ~ c;- -o(,...-y;:~'-I) Y Dun and Bradstreet No :-----1-: \ {C- , (if applicable) If a partnership. names and addresses of partners: BID NO: 30-01102 DATE: 04/22102 CITY OF MIAMI BEACH 22 (Sian below if not incoroorated) WITNESSES: (Type or Print Name of Bidder) (Signature) (Type or Print Name Signed Above) +- (Sian below if incoroorated) . ! A ~c.-.~~ C: ('\"~~l,-F+t\_""" ~O^",D'tIt'\. "',..- ATTEST: (Type or Print Name of CorPoration) 'r 01- '- c~ V;cg ~ dt;Jf (CORPORATE SEAL) )~'"' ~~~~ (Type or Print Name Signed Above) Incorporated under the laws of the State of: ~ '-- BID NO: 30-01101 DATE: 04/11101 CITY OF MIAMI BEACH 13 00405. CITY OF MIAMI BEACH LICENSES. PERMITS AND FEES: Pursuant to the Public Bid Disclosure Act, each license, permit or fee a Contractor ^ : have to pay the City before or during construction or the percentage method or _~ : method of all licenses, permits and fees REQUIRED BY THE CITY AND PAYABLE TO THE CITY by virtue of this construction as part of the Contract is as follows: [NOTE: List all City of Miami Beach licenses, permits and fees, and the amount or percentage method of the licenses, permits and fees.) LICENSES, PERMITS AND FEES WHICH MAY BE REQUIRED BY MIAMI.DADE COUNTY THE STATE OF FLORIDA, OR OTHER GOVERNMENTAL ENTITIES ARE NOT INCLUDED IN THE ABOVE LIST. 1. Occupational licenses from c'ty of Miami Beaen fir""'s Will be requ,r~: .: be submitted within fifteen (15, ::ays of notlfca:!o'i c' :ntent to awar: 2 Occupational licenses will be required purs"an: ::: Chapter 2J: ::::: FlOrida Statutes. NOTE: a) If the contractor is a State of Florida Certified Contractor followina will be reauired: 1) Copy of State Contractors Certification 2) Place of Business Occupational license 3) liability and Property Damage Insurance Certificate made to C ':j of Miami Beach 4) Workers compensation or the exemption b) If a Dade County Licensed Contractor: 1) Dade Certificate of Competency in the Discipline licensed 2) Municipal Contractors Occupational license 3) Liability and Property damage Insurance 4) Workers Compensation or the exemption BID :'\0: 311-01/02 DA TE: 04/22/02 CITY OF :\lIA:\1I BEACH 24 00407. SCHEDULE OF PRICES BID: Consideration for Indemnification of CITY $25.00 (X] Cost for compliaiice to all Federal and State requirements of the Trench Safety Act. }f C.OS~ ~( ~~ch o;;FtPe.~ ~ ~/A i \40,000 ~ 6~E ~~ '[NOTE: If th"8i)Jackets are checked or marked, the Bidder must fill out the Trench Safety Act sheet, Page 38. Section 00540. to be considered responsive.] BID SO: 30-01/02 DATE: 04,22/02 CITY OF \11 A \11 BEACH 25 00410. BID GUARANTY FORM UNCONDITIONAL lETTER OF CREDIT: Date of Issue Issuing Bank's No. Beneficiarv: Aoolicant: City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Amount: - United States Funes Expiring: \"'--.. (Date) \ "'-'. B~f;ontra~umb~'. , " We hereby authorize you to draw on \ \ "~\\ \ I (B~ Issue" '1ame) \, by orde" :f and for the acco_-:: \ tractor. a;C:ilcant\ustc~e; up to an aggregate amour,:. In ed S:a:es FundS.. Of available by your drafts at sight, aee pa" ed by. at (branch address) of 1. A signed statemen: from the qit:, ~.'anager 0' t-,e (:.. :' 1.1;ar- =ea:- :. - 5 authorized ~prese"':atlve. thay::-:e :;aw,ng is c"e ::):~'~_It ''1 :e";c-r-a-:~ :' obligatiOns o~;;a-. of / "....... /" - -------- '. (contractor, between City of Miami agree: U~C~ Cy a~d pursuant to the Bid/Contract No. pllcant. customer) ch, FlOrida and (contractor. appl::<;nt, customef) for (na~e of proJect) Drafts must be drawn and negotiated not later than (ex: 'ation date) Drafts must bear the clause: "Drawn under letter of Credit No. of dated (Bank name) BID so: 30-01102 DA TE: 04/22/02 CITY Of 'lIA'1I BE,KH 26 This Letter of Credit sets forth in full terms of our undertaking. and such underta~ "Ig shall not in any way be modified. amended, or amplified by reference to any docume"lts, instrument, or agreement referred to herein or to which this Letter of Credit is referre:: or this letter of Credit relates, and any such reference shall not be deemed to incorpo'ate herein by reference any document, instrument, or agreement We hereby agree with thtl drawers. endorsers. and bona fide f10lders of all drafts drum under and in compliance with the terms of this Letter of Credit that such drafts WI :Je duly honored upon presentation to the drawee. The execution of the Contract and the submission of the reqUlfed Performance a-,d Payment Guaranty and Insurance Certificate by the (contractor. applicant, custorre'; shall be a release of all obligations. This Letter of Credit is subject to the .Uniform ~toms anc Practice for Documer-:a~ Credits," International Chamber of Co erce (1 reViSiOn). Publication No. 500 a"ld to the provisions of Florida law, If a con . t betw~. n e Uniform Customs and Prac::e for Documentary Credits and Florida law hould ise. Flo~ ~a law shall prevail. 'a conflict between the law of another state or untry a d F' ca .aw shouid arise, F,c. :a law shall prevail. r ;:e: Sgnature ., , BID NO: 30-01/02 DATE: 04/22/02 CITY OF \IIA\II BEACH 27 00500. SUPPLEMENT TO BIDITENDER FORM: THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE BID, HOWEVER, ANY ADDITIONAL INFORMATION NOT INCLUDED IN THE SUBMlnED FORM AS DETERMINED IN THE SOLE DISCRETION OF THE CITY, SHALL BE SUBMITTED WITHIN SEVEN (7) CALENDAR DAYS OF THE erro('s REQUEST. QUESTIONNAIRE The undersigned authorized representative of the Bidder certifies the truth and accuracy of all statements and the answers contained herein. 1. How many years has your organization been in business while possessing one of the licenses, certifications. or registrations specified in Section 00405? License/Certification/Reg istration ec..-.l' n c:::: ~ a-s 1-) '3, ~l;+'d -) 1A. What business are you in? # Years ((~ ~..-,^ (~ (0 (/ 'S (:::;-.", "'''''' c \ t ")"~ 'G.C'k ( 2. What is the last project of this nature that you have completed? ~,\*\,~.,,-+, (:\-.= '''~ Ac.. ~-~~C:C' \ 0- 3. Have you ever failed to complete any work awarded to you? If so. where and why? ~.9 ( ) 3A. Give owner names, addresses and telephone numbers. and surety and project names. for all projects for which you have performed work, where your surety has intervened to assist in completion of the project, whether or not a claim was made. f"'... 0 '" -e 810 NO: 30.41102 DATE: 04/22102 CITY OF MIAMI BEACH 28 4. Give names, addresses and telephone numbers of three individuals, corporations, agencies. or institutions for which you have performed work: ~ \' " '"3'-'"'^ ~ "" I ,,~ 4.1. {'("\ D(' 0 S. \. '-I ,,",, k) So ;:d\... -e... CC; $' - '-\ ~ '1. en (name) (address) \ (phone #) \ , 0, c-.",cIc.) M....'-,., A-I... 4.2. C:-\ J; ~o..\l (f\~ c...^^', s;-)(~{ j"",,~13 PI ~c, -S-(." ~o (na~) (address) (phone #) 4.3. ~..p (<JrA \.<. ~ \ I~S-O x..,')~"2., I r.+- ~ d-SCr -~~~ ~ (name) (address) (phone #) 5. list the following information concerning all contracts in progress as of the date of submission of this bid. (In case of co-venture, list the information for all co-venturers.) NAME OF PROJECT OWNER & PHONE # TOTAL DATE OF CONTRACT COMPLETION VALUE PER CONTRACT ~\ ,"=......J'"" "'t- Pes \ CC;r ,19C> / Y I r l J,c....,~ %OF COMPLETION TO DATE qc '(, (Continue list on insert sheet. if necessary.) 6. Has a representative of the Bidder completely Inspected the proposed project and does the Bidder have a complete plan for its performance? c.--<~ -€ > 7. Will you subcontract any part of this work? If so, give details including a list of each subcontractor(s) that will perform work in excess of ten percent (10%) of the contract amount, the approximate percentage. and the work that will be performed by each such subcontractor(s). Include the name of the subcontractor(s) and the approximate percentage of work. ~O BID NO: ~1101 DATE: 04/11101 CITY OF MIA~I BEACH 19 The foregoing list of subcontractor(s) may not be amended after award of the Contract without the prior written approval of the Contract Administrator, whose approval shall not be unreasonably withheld. 8. What equipment do you own that is available for the work? --.l~ - 9. What equipment will you purchase for the proposed work? \. n~. 10. What equipment will you rent for the proposed work? tnb~ 11 . State the name of your proposed project manager and superintendent and give details of his or her qualifications and experience in managing similar work. -s u",-", t........"\.e...... ~"""c....~ -e' a I...-~" -e (/ ~I.C~ -€ Q-j. C\/\c...."\.ct) ~ / S~~'E" ~~A \~, p-~ (~'Q A__ ~~ \ t c \-\~L,('::k('" ~:~:~\: ~~::,:>:~~~,,~~jl~\ BID NO: 30-41102 DATE: 04/22102 CITY OF MIAMI BEACH 30 12. State the true, exact, correct and complete name of the partnership. corporation or trade name under which you do business and the address of the place of business. (If a corporation, state the name of the president and secretary. If a partnership, state the names of all partners. If a trade name. state the names of the individuals who do business under the tiade name). 12.1 The correct name of the BidderiS\L...~c.l.E' tL'."-~h "'{.~"" ~"~f"-"')-'::t..-y"- 12.2 The business is a (Sole Proprietorship) (Partnership) (Corporation). ~O\O<:;>,o....\.( ....~ 12.3 The address of principal place of business is \ ~lb \ ~L..") \'),.In ~,---e ' C'<\ ~c..fY\', t"- ~S iJ') , .-/ 12.4 The names of the corporate officers, or partners, or individuals doing business under a trade name, are as follows: ~~ C ~...c-..l e '. ~--=-~ \ ';. ~ ~--'-' lor \)-9,,,,,, :~'E~ \\_C.!\.J\-4?r ,- Q\ ~ (,~~....."'\4 S~C \-e {c. _ r y 12.5 list all organizations which were predecessors to Bidder or in whch the principals or officers of the Bidder were principals or officers. ('I~ BID NO: 30-81/02 DATE: 04122102 CITY OF MIAMI BEACH 31 12.6. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description the disposition of each such petition (\,.., " -( 12.7. List and describe all successful Performance or Payment Bond c1a!r;-s made to your surety(ies) during the last five (5) years. The list and descriptions should include claims against the bond of the Bidder and its predecessor organization(s). (\ ,-, ..... '-\. , t) ( Pr I 12.8 List all claims. arbitrations. administrative hea' -,gs a'ld lawsuits b'c_,;-: by or against the Bidder or its prececessor organ;zat,on:s) dunng tr:eas: five (5) years. The list sha': :nc'..;de all case ra:-c-.es case. a'o':'a::- :" heanng Identification num::;e's :-.e name of t-e ::;'o;e:: c,e~ .',-,:- ;-e dispute arose: a descrlpt,o- of tre subject ma~e' of ;r,e d:spl.te a-c :-e final outcome of the claim. (,In vs ""R~O[ Se,~E'D c~ ~ C ~'-~ ~ o..,~ lSJ ~_ cc "). I.. ~ ~ (' c::... t-\-"-s u D \ .).". '" ':" . \ i\.~ 1IV'o...... .,,\ cl= I r---\. ~".\ .. ''''''''''\' ~ ~"_'v"~~ \-)-0 ~~~~-\,~cl~, l t -aD BID lIiO: 30-01102 DATE: 04/22102 CITY OF :o.IIA:o.II BEACH 32 12.9. List and desaibe all criminal proceedings or hearings concerning business related offenses in which the Bidder. its principals or officers or predecessor organization( s) were defendants. f\ (:> ^ -'<... 12.10. Has the Bidder, its principals. officers or predecessor organization(s) been debarred or suspended from bidding by any government during the last five (5) years? If yes, provide details. ~D 0.. e 12.11. Under what conditions coes the Bidder request Change Orders. ~\c .' ~ ~'--'--~ C '--....:. ,,,-.,,: l \ -e'1 0& 'iJ, ([; \ <0. ~ -+' I:- ~ c., '- -E ,- ( ~ j...,~."" \\.\....".;~ l..~'---, \; LS L-,.)" 'E. ( y'~\- el ~~~\'f'i-.=... !. C {- -l,-- (' \ \ "- 0-- \..d'-"'-\ ~,~( BID NO: 30-01102 DATE: 04/22/02 CITY OF MIAMI BEACH 33 00520. SUPPLEMENT TO BIOfTENOER FORM NON-COlLUSION CERTIFICATE THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO BE DEEMED RESPONSIBLE. Submitted this ~ <:. day of ..Jv\ c;.. r . 2002. The undersigned. as Bidder. declares that the only persons interested in this Bid are named herein; that no other person has any interest in this Bid or in the Contract to which this Bid pertains; that this Bid is made without connection or arrangement with any other person; and that this Bid is in every respect fair and made in good faith. without collusion or fraud. The Bidder agrees if this Bid is accepted. to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the Bidder and the City of Miami Beach. Florida. for the performance of all requirements to which the Bid pertains. The Bidder states that this Bid is based upon the documents Ide~.ltIfied by the following numbo" B;d NO.;;r ~6~\ J.- ; -U~ b jh.,~ S'~d~ Cu<;\. ~,,-1.~ SIGNATURE - r\,"1 "=- (... I"- ....., '" /' \ - ~ . r 0 ,- - \'0t~\\."1 \?'{\~ c.- ~ Z PRINTED NAME ~,+ ')~ :\~<'-:\- TITLE (IF CORPORATION) 810 NO: 30-01102 DATE: 04/22102 CITY OF MIAMI BEACH 34 00530. SUPPLEMENT TO BIDfTENDER FORM DRUG FREE WORKPLACE CERTIFICATION THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO BE DEEMED RESPONSIBLE. The undersigned Bidder hereby certified that it will provide a drug-free workplace program by: (1) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the offeror's workplace, and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establishing a continuing drug-free awareness program to inform its employees about: (i) The dangers of drug abuse in the workplace; (ii) The Bidder's policy of maintaining a drug-free workplace; (iii) Any available drug counseling. rehabilitation. and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (3) Giving all employees engaged in performance of the Contract a copy of the statement required by subparagraph (1); (4) Notifying all employees. in writing. of the statement required by subparagraph (1). that as a condition of employment on a covered Contract. the employee shall: (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than five (5) calendar days after such conviction; (5) Notifying the City in writing within ten (10) calendar days after receiving notice under subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; BID NO: 30-01102 DATE: 04/22/02 CITY OF MIAMI BEACH 35 (6) Within thirty (30) calenc:lar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (i) Taking appropriate personnel action against such employee. up to and induding termination; or (ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal. state. or local health. law enforcement. or other appropriate agency; and (7) Making a good faith effort to maintain a drug-free workplace program through implementation of subparagraphs(1) through (6). (Bidder Sign ture) bl..,^1 e t () ""~(. c-:L(~.... (Print Vendor Name) A 'l--. -. STATE OF \=L \:.l>/V\.fv (j+ . COUNTY OF (\(\ \ L tv", tJ <::... ~ -<.. The foregoing instrument was acknowledged day of t'i\ c . 20~y c\. .-as 00 \ (name of person whose signature is being notanzec ~ \_~\~",v'l_ (title)o~~=e".,-<;\..~ic~ e.,~<.. \. name of corporation.'co'T1pany) C- erson described here . or who produced oJJ~ke an oath. known to me to be t identification. and w as NOTARY PUBLIC: c:-- o.a.k ~~8~ (Signature) ~ 1, 't \...o~(.. (Print Name) ~ FEU" ..... LOPEZ ~..1 r.!YCO'... 'CC9l196'7 ..."..~ E'.' i5.D)l ,..........."......... Fl....., ;...w~._ '1oNIIng. InC. My commission expires: BID NO: JO.eJl01 DATE: 04111101 CITY OF MIAMI BEACH 36 00540. SUPPLEMENT TO BIDrrENDER FORM TRENCH SAFETY ACT THIS FORM MUST BE SUBMITTED WITH BID FOR BID TO BE DEEMED RESPONSIVE. On October 1, 1990 House Bill 3181, known as the Trench S.;:fcty Act became ICi... ThIs incorporates the Occupational Safety & Health Administration (OSHA) revised excavat'C"1 safety standards, citation 29 CFR.S.1926.650, as Flonda's own standards. The Bidder, by virtue of the signature below, affirms that the Bidder IS aware of this Act and wd: comply with all applicable trench safety standards. Such assurance shall be legally b,'":clng on all persons employed by the Bidder and subcontractors. The Bidder is also obligated to identify the anticipated method and cost of compliance ,', ith tne applicable trench safety standards. BIDDER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PRCPOSA;.. AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE F _ORID;' TRENCH SAFETY ACT. THESE ITEMS ARE A BREAKOUT OF THE RESPECTIV= .TE'.'S INVOLVING TRENCHING AND VI"ILL NOT BE PAID SEPARATELY THEY ARE NO- TO 6= CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES. NOR BE CONS :ERE: ADDITIONAL WORK. The Bidder further Identified the costs ana methoas summarize: :S:.\ DeSCription Unit Quan: :y Price Unit Price t:xtende: ~.~e:- :':: Total $ %" BID SO: 30-01/02 DATE: 04/22102 CITY OF \11,0.\11 BEACH 37 IN ORDER TO BE CONSIDERED RESPONSIVE, THE BIDDER MUST COMPLETE* THIS FORM. SIGN AND SUBMIT IT WITH ITS BID DOCUMENT. ~\ \ A \ .Ii ,_ __ . ~ A e C G.', I,.~ . - t.:::-t l <.... -; , <...., """ r '\ ~ \ 1--'''-- Nam~of Bidder , J ~~~~;~B:d~~ .COMPLETION REQUIRES FILLING IN THE APPROPRIATE DETAILS UNDER THE HEADINGS, i.e., DESCRIPTION. UNIT. QUANTITY PRICE, UNIT PRICE, EXTENDED. AND METHOD. BID NO: 30-01/02 DATE: 04/22/02 CITY OF \11,0.\11 BEACH 38 00550. RECYCLED CONTENT INFORMATION In support of the Florida Waste Management Law, Bidders are encouraged to supply with their bid, any information available regarding recycled material content in the products bid. The City is particularly interested in the type of recycled material used (such as paper, plastic, glass, metal, etc.); and the percentage of recycled material contained in the product. The City also requests information regarding any known or potential material content in the product that may be extracted and recycled after the product has served its intended purpose. BID NO: 30-01/02 DATE: 04/22/02 CITY OF MIAMI BEACH 39 00600. CONTRACT CONTRACT THIS IS A CONTRACT, by and between the City of Miami Beach, a political subdivision of the State of Florida, hereinafter referred to as CITY, and ''b---O\.b -e t-"'C'I..~\' ~~Ur-. r aN'\()u^ \ ,\ '^e , hereinafter referred to as ( I CONTRACTOR. WIT N E SSE T H, that CONTRACTOR and CITY, for the considerations hereinafter named, agree as follows: ARTICLE 1 SCOPE OF WORK CONTRACTOR hereby agrees to furnish all of the labor, materials, equipment services and incidentals necessary to perform all of the work described in the Contract Documents and related thereto for the Project. ARTICLE 2 CONTRACT TIME 2.1 CONTRACTOR shall be instructed to commence the Work by written instructions in the form of a Standing Order issued by the City's Procurement Director and a Notice to Proceed issued by the Contract Administrator. Two (2) Notices to Proceed will be issued for this Contract. CONTRACTOR shall commence scheduling activities, permit applications and other preconstruction work within five (5) calendar days after the Project Initiation Date, which shall be the same as the date of the first Notice to Proceed. The first Notice to Proceed and Purchase Order will not be issued until CONTRACTOR's submission to CITY of all required documents(including but limited to: Payment and Performance Bonds, and Insurance Certificate) and after execution of the Contract by both parties. 2.1.1. The receipt of all necessary permits by CONTRACTOR and acceptance of the full progress schedule in accordance with technical specifications section, submittal schedule and schedule of values is a condition precedent to the issuance of a second Notice to Proceed to mobilize on the Project site and commence with physical construction of the work, The CONTRACTOR shall submit all necessary documents required by this provision within fifteen (15) calendar days of the issuance of the first Notice to Proceed. BID NO: 30-01102 CITY OF MIA\II BEACH DATE: 04/22/02 40 2.2 Time is of the essence throughout this Contract. The Work shall be substantially completed within Sixty (30) calendar days from the issuance of the second Notice to Proceed, and completed and ready for final payment in accordance with Article 5 within fifteen (15) calendar days from the date certified by CONSULTANT as the date of Substantial Completion. 2.3 Upon failure of CONTRACTOR to substantially complete the Contract within the specified period of time, plus approved time extensions, CONTRACTOR shall pay to CITY the sum of Two-Hundred Dollars ($200.00) for each calendar day after the time specified in Section 2.2 above, plus any approved time extensions, for Substantial Completion. After Substantial Completion should CONTRACTOR fail to complete the remaining work within the time specified in Section 2.2 above, plus approved time extensions thereof, for completion and readiness for final payment, CONTRACTOR shall pay to CITY the sum of Two-Hundred Dollars ($200.00) for each calendar day after the time specified in Section 2.2 above, plus any approved extensions, for completion and readiness for final payment. These amounts are not penalties but are liquidated damages to CITY for its inability to obtain full beneficial occupancy and/or use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by CITY as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of CONTRACTOR to complete the Contract on time. The above-stated liquidated damages shall apply separately to each portion of the Project for which a time for completion is given. 2.4 CITY is authorized to deduct liquidated damages from monies due to CONTRACTOR for the Work under this Contract or as much thereof as CITY may, in its sole discretion, deem just and reasonable, 2.5 CONTRACTOR shall be responsible for reimbursing CITY, in addition to liquidated damages, for all costs incurred by CONSULTANT in administering the construction of the Project beyond the completion date specified above, plus approved time extensions. CONSULTANT construction administration costs shall be pursuant to the contract between CITY and CONSULTANT, a copy of which is available upon request of the Contract Administrator, All such costs shall be deducted from the monies due CONTRACTOR for performance of Work under this Contract by means of unilateral credit change orders issued by CITY as costs are incurred by CONSULTANT and agreed to by CITY, BID NO: 30-01102 DATE: 04/22/02 CITY OF MIAMI BEACH 41 ARTICLE 3 THE CONTRACT SUM [] This is a Unit Price Contract:* 3.1 CITY shall pay to CONTRACTOR the amounts determined for the total number of each of the units of work completed at the unit price stated in the schedule of prices bid. The number of units contained in this schedule is an estimate only, and final payment shall be made for the actual number of units incorporated in or made necessary by the Work covered by the Contract Documents. 3.2 Payment shall be made at the unit prices applicable to each integral part of the Work. These prices shall be full compensation for all costs, including overhead and profit, associated with completion of all the Work in full conformity with the requirements as stated or shown, or both, in the Contract Documents. The cost of any item of work not covered by a definite Contract unit price shall be included in the Contract unit price or lump sum price to which the item is most applicable. [ X ] This is a Lump Sum Contract" 3.1 CITY shall pay to CONTRACTOR for the performance of the Work described in the Contract Documents, the total price stated as awarded, 3.2 Payment shall be at the lump sum price stated in the Contract. This price shall be full compensation for all costs, including overhead and profit, associated with completion of all the work in full conformity with the requirements as stated or shown, or both, in the Contract Documents. The cost of any item of work not covered by a definite Contract lump sum should be included in the lump sum price to which the item is most applicable, "Note: Some Projects include both unit prices and lump sums in which case both sections shall apply to the Work identified for each type of Contract. ARTICLE 4 PROGRESS PAYMENTS 4.1 CONTRACTOR may make Application for Payment for work completed during the Project at intervals of not more than once a month. CONTRACTOR's application shall show a complete breakdown of the Project components, the quantities completed and the amount due, together with such supporting evidence as may be required by CONSULTANT. CONTRACTOR shall include, but same shall be limited to, at Consultant's discretion, with each Application for Payment, an updated progress schedule acceptable to CONSULTANT as BID NO: 30-01102 DATE: 04/22/02 CITY OF MIAMI BEACH 42 required by the Contract Documents and a release of liens and consent of surety relative to the work which is the subject of the Application. Each Application for Payment shall be submitted in triplicate to CONSULTANT for approval. CITY shall make payment to CONTRACTOR within thirty (30) days after approval by CONSULTANT of CONTRACTOR's Application for Payment and submission of an acceptable updated progress schedule, 4.2 Ten percent (10%) of all monies earned by CONTRACTOR shall be retained by CITY until Final Completion and acceptance by CITY in accordance with Article 5 hereof, except that after ninety percent (90%) of the Work has been completed, the Contract Administrator may reduce the retainage to five percent (5%) of all monies previously earned and all monies earned thereafter. Any reduction in retainage shall be in the sole discretion of the Contract Administrator, shall be recommended by CONSULTANT and CONTRACTOR shall have no entitlement to a reduction. Any interest earned on retainage shall accrue to the benefit of CITY. All requests for retainage reduction shall be in writing in a separate stand alone document. 4.3 CITY may withhold, in whole or in part. payment to such extent as may be necessary to protect itself from loss on account of: 4.3.1 Defective work not remedied. 4.3.2 Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR or CITY because of CONTRACTOR's performance. 4,3,3 Failure of CONTRACTOR to make payments properly to Subcontractors or for material or labor. 4.3.4 Damage to another contractor not remedied, 4,3.5 Liquidated damages and costs incurred by CONSULTANT for extended construction administration. 4.3.6 Failure of CONTRACTOR to provide any and all documents required by the Contract Documents. When the above grounds are removed or resolved satisfactory to the Contract Administrator, payment shall be made in whole or in part. BID NO: 30..{J1/02 DATE: 04/22/02 CITY OF MIAMI BEACH 43 ARTICLE 5 ACCEPTANCE AND FINAL PAYMENT 5.1 Upon receipt of written notice from CONTRACTOR that the Work is ready for final inspection and acceptance, CONSULTANT shall, within ten (10) calendar days, make an inspection thereof. If CONSULTANT and Contract Administrator find the WOik acceptable, the requisite documents have betlll submitted and the requirements of the Contract Documents fully satisfied, and all conditions of the permits and regulatory agencies have been met, a Final Certificate of Payment (Form 00926) shall be issued by CONSULTANT, over its signature, stating that the requirements of the Contract Documents have been performed and the Work is ready for acceptance under the terms and conditions thereof. 5.2 Before issuance of the Final Certificate for Payment, CONTRACTOR shall deliver to CONSULTANT a complete release of all liens arising out of this Contract, receipts in full in lieu thereof; an affidavit certifying that all suppliers and subcontractors have been paid in full and that all other indebtedness connected with the Work has been paid, and a consent of the surety to final payment; the final corrected as-built drawings; and the final bill of materials, if required, and invoice, 5.3 If, after the Work has been substantially completed, full completion thereof is materially delayed through no fault of CONTRACTOR. and CONSULTANT so certifies, CITY shall, upon certificate of CONSULTANT, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims, 5.4 Final payment shall be made only after the City Manager or his designee has reviewed a written evaluation of the performance of CONTRACTOR prepared by the Contract Administrator, and approved the final payment. The acceptance of final payment shall constitute a waiver of all claims by CONTRACTOR, except those previously made in strict accordance with the provisions of the General Conditions and identified by CONTRACTOR as unsettled at the time of the application for final payment. ARTICLE 6 MISCELLANEOUS 6.1 This Contract is part of, and incorporated in, the Contract Documents as defined herein. Accordingly, all of the documents incorporated by the Contract Documents shall govern this Project. BID NO: 30-01102 DATE: 04122/02 CITY OF MIAMI BEACH 44 6.2 Where there is a conflict between any provision set forth within the Contract Documents and a more stringent state or federal provision which is applicable to this Project. the more stringent state or federal provision shall prevail. 6.3 Public Entity Crimes In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the CITY, may not submit a bid on a contract with the CITY for the construction or repair of a public building or public work, may not submit bids on leases of real property to the CITY, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the CITY, and may not transact any business with the CITY in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the CITY purchase and may result in Contractor debarment. 6.4 Independent Contractor CONTRACTOR is an independent contractor under this Contract. Services provided by CONTRACTOR pursuant to this Contract shall be subject to the supervision of CONTRACTOR. In providing such services, neither CONTRACTOR nor its agents shall act as officers, employees, or agents of the CITY. This Contract shall not constitute or make the parties a partnership or joint venture, 6.5 Third Party Beneficiaries Neither CONTRACTOR nor CITY intend to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract. 6.6 Notices Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, retum receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set BID NO: 30-01102 DATE: 04/22/02 CITY OF MIAMI BEACH 4S forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For CITY: Procurement Division 1700 Convention Center Drive Miami Beach. Florida 33139 Altn: Gus Lopez. Procurement Director With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: ~$~~~~~.~R~' 6.7 Assionment and Performance Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, CONTRACTOR shall not subcontract any portion of the work required by this Contract except as authorized by Section 27 of the General Conditions. CONTRACTOR represents that all persons delivering the services required by this Contract have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Work and to provide and perform such services to CITY's satisfaction for the agreed compensation. CONTRACTOR shall perform its duties, obligations, and services under this Contract in a skillful and respectable manner. The quality of CONTRACTOR's performance and all interim and final product(s) provided to or on behalf of CITY shall be comparable to the best local and national standards. BID NO: 30-01102 DATE: 04/22/02 CITY OF MIA:\II BEACH 46 6.8 Materiality and Waiver of Breach CITY and CONTRACTOR agree that each requirement, duty, and obligation set forth in these Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. CITY's failure to enforce any provision of this Contract shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. 6.9 Severance In the event a portion of this Contract is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless CITY or CONTRACTOR elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 6.10 Aoolicable Law and Venue This Contract shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida, By entering into this Contract, CONTRACTOR and CITY hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Project. CONTRACTOR, shall specifically bind all subcontractors to the provisions of this Contract. 6.11 Amendments No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the Board and CONTRACTOR. 6.12 Prior Aoreements This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Contract that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior BID NO: 30-01102 DATE: 04122/02 CITY OF MIAMI BEACH 47 representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with Section 6.11 above. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. ATTEST: . CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE CORPORATION OR NONCORPORATION FORMAT, AS APPLICABLE. [If incorporated sign below.] ATTEST: \ b~~~~ (Se ret ry) ^"-p~7t;JI<< By: (Corporate Seal) (Si nat re) ~-\.\.\<. M ~..r..l'e, Pl""'&>l"-.....L (Print Name and Title) f ~dayof~\, d- ,20~. [If not incorporated sign below.] CONTRACTOR WITNESSES: (Name of Firm) By: (Signature) (Print Name and Title) _ day of ,20_. CITY REQUIRES FIVE (5) FULLY-EXECUTED CONTRACTS, FOR DISTRIBUTION. APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION CITY OF MIAMI BEACH 48 BID ~O: 30~1I02 DATE: 04/22/02 -It )107-- Date .\ 00710. FORM OF PERFORMANCE BOND BY THIS BOND, We Buade Construction Company, Inc. , as Principal, hereinafter called CONTRACTOR, and ........, Great American Insurance Co., as Surety, are bound to the City of Miami Beach, Florida.... as Obligee, hereinafter called CITY. in the amount of One Hundred ~'orty Thousand and 00/100------ Dollars ($140.000.) for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has by written agreement entered into a Contract, Bid/Contract No,: 30-01/02 awarded the 19th day of June , 2 O..,QL , with CITY which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; ... THE CONDITION OF THIS BOND is that if CONTRACTOR: 1. Performs the Contract between CONTRACTOR and CITY for construction of Repair/Replacement of West Side Sidewalk . the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Pays CITY all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings. that CITY sustains as a result of default by CONTRACTOR under the Contract; and BID NO: 30-01/02 DATE: 04/22102 CITY OF MIAMI BEACH SO FORM OF PERFORMANCE BOND (Continued) 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. Whenever CONTRACTOR shall be, and declared by CITY to be, in default under the Contract, CITY having performed CITY obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 3.1. Complete the Project in accordance with the terms and conditions of the Contract Documents; or 3.2. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the Contract Documents, and upon determination by Surety of the lowest responsible Bidder, or, if CITY elects. upon determination by CITY and Surety jointly of the lowest responsible Bidder, arrange for a contract between such Bidder and CITY. and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by CITY to CONTRACTOR under the Contract and any amendments thereto, less the amount properly paid by CITY to CONTRACTOR. No right of action shaH accrue on this bond to or for the use of any person or corporation other than CITY named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Signed and sealed this 3rd day of Julv ,20 02 BID NO: 30-01102 DATE: 04122/02 CITY OF MIAMI BEACH 51 +- "':. FORM OF PERFORMANCE BOND WIT~~~ See ary (CORPORATE SEAL) IN THE PRESENCE OF: .. BID NO: 30-01102 DATE: 04122/02 (Continued) By: Ignature) C) :-\nJC~ v'CP1calc2<:JJ\ (Print Name and Title) By: CO. INSU GREA t and Attorney-in-Fact Mic ael Bonet Address: 2001. NW 107 Ave. (Street) Miami. FL 33172 (City/State/Zip Code) Te'ephone No,: 305-591-0090 CITY OF MIAMI BEACH 52 00720. FORM OF PAYMENT BOND Principal. BY THIS BOND, We Buade Construct ion Company, Inc. . as hereinafter called CONTRACTOR, and Great American Insurance Co.. as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called CITY, in the amount of One Hundred Forty Thousand and 00/100---_______________ Dollars ($ 140.000.00) for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors. administrators. successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has by written agreement entered into a Contract, Bid/Contract No.: 30-01/02 awarded the 19th day of July , 20~, with CITY which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if CONTRACTOR: 1. Pays CITY all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that CITY sustains because of default by CONTRACTOR under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor, materials and supplies used directly or indirectly by CONTRACTOR in the performance of the Contract; THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claimant, except a laborer, who is not in privity with CONTRACTOR and who has not received payment for its labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish to CONTRACTOR a notice that he intends to look to the bond for protection. BID NO: 30-01102 CITY OF MIAMI BEACH DA TE: 04/22/02 53 FORM OF PAYMENT BOND (Continued) 2.2. A claimant who is not in privity with CONTRACTOR and who has not received payment for its labor, materials, or supplies shall, within ninety (90) day::; Clnel !i~1 IUrrnallce of the iabor or after complete delivery of the materials or supplies, deliver to CONTRACTOR and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. 2.3. No action for the labor, materials, or supplies may be instituted against CONTRACTOR or the Surety unless the notices stated under the preceding conditions (2.1) and (2.2) have been given. 2.4, Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. . The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect the Surety's obligation under this Bond. Signed and sealed this 3rd day of July ,20.QL... CONTRACTOR ATTEST: ~~~ By: (Signature) (\) 0 "3Jc0 C__1wcQ:J \J~ ~(eblc9.~-r (Print Name and Title) (Corporate Seal) 3rd day of July ,20~. BID NO: 30-01102 DATE: 04/22/02 CITY OF MIAMI BEACH S4 IN THE PRESENCE OF: BID NO: 30-01101 DATE: 04122/02 By: co. INSU GREA nt and Attorney-in-Fact 1 hael Bonet: Address: 2001 N. W. 107 Ave. ( Street) Miami, FL 33172 (City/State/Zip Code) Telephone No.: 305-591-0090 ClTY OF MIAMI BEACH S5 00721. CERTIFICATE AS TO CORPORATE PRINCIPAL I, ~ ~)Qck , certify that I am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Peiformance Bond and Payment Bond), that ~ e.~&- ,who signed the Bond(s) on behalf of the Principal, was then Uee.. r \Jl~said corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and attested to ehalf of orporation by authority of its governing body. (SEAL) '..:........ .. Secretary ( behalf of) ~ ~~(O~ Com~~d Corporation ~~ ... "'~ ,/~ - -- " STATE OF FLORIDA ) ) SS COUNTY OF MIAMI-DADE ) Before me, a Notary Public duly commissioned. qualified and acting personally, appeared Michael Bonet to me well known, who being by me first duly sworn upon oath says that he/she has been authorized to execute the foregoing Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of CONTRACTOR named therein in favor of CITY. Subscribed Julv and Sworn to before me this 3rd ,20~. day of My commission expires: FLORIDA Notary Public, State of bV~~ Bonded ....'/.V PlI OFAClALNOTARYSEAL 0...... . <9", ARTUROAOBREOON . <; COMMISSION NUMBER <( CC950885 71<- ~ MV COMMISSION ElCPIRES OF f\.O JUNE28 004 BID NO: 30-01102 DATE: 04/22/02 CITY OF MIAMI BEACH 56 ~ r r"\ ~ GREAT AMERICAN INSURANCE COMPANY Administrative Office: 580 WALNUT STREET' CINCINNATI, OHIO 45202 . 513-369-5000 . FAX 513-723-2740 The number of persons authorized by 'IWO this power of attorney is not more than No. 0 17204 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; for all obligees including any and all consents required by the Department of Transportation, State of Florida, incident to the release of retained percentages and/or final estimates; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below, Name Address Both of Miami, Florida Umit of Power J::oth tmlimi ted Michael Bonet Karen Lynn Debardas This Power of Attorney revokes all previous powers issued in behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 4th day of March , 2002 . Attest GREAT AMERICAN INSURANCE COMPANY /.-"..... /,,>~;_,llo04~ ({'t7,..t:'iV., ,6". I~'~ UV. ,.> ....'--/ ~'\ (\~/ ) ....:::::::::, \.I.II\/<I.I.'! .'....fl :UI'I /)I't'. J~, "l " DOUGLAS R. BOWEN (513-369-3811) STATE OF OHIO, COUNTY OF HAMILTON - ss: On this day of , before me personally appeared DOUGLAS R. BOWEN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By-Laws of said Company, and .that he signed his name thereto by like authority. /:;;~~,\ ~\~d ~~::;=2::};/ MAUREEN DOUGHERTY NOTARY PUBLIC. STATE OF OHIO MY COMMISSION EXPIRES 08-12-06 fJJ[~ ~~ This Power of Attomey is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or anyone of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-in-Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attomey and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. J.Jr" day of (TK. Lv 2<lo"'l... . 1 cL2)c- Signed and sealed this --, \\'./\'lrll!.' .\f', (('!un S 1157E (03101) Assistant Secretary 00708. FORM CERTIFICATE OF INSURANCE A form Certificate of Insurance will be attached here. BID NO: 30-01102 DATE: 04/22/02 CITY OF MIAMI BEACH 49 00710. FORM OF PERFORMANCE BOND BY THIS BOND, We , as Principal, hereinafter called CONTRACTOR, and , as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called CITY, in the amount of Dollars ($ ) for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has by written agreement entered into a Contract, Bid/Contract No.: awarded the day of ,20_, with CITY which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if CONTRACTOR: 1. Performs the Contract between CONTRACTOR and CITY for construction of , the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Pays CITY all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that CITY sustains as a result of default by CONTRACTOR under the Contract; and BID NO: 30-01102 DATE: 04/22/02 CITY OF MIAMI BEACH SO FORM OF PERFORMANCE BOND (Continued) 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. Whenever CONTRACTOR shall be, and declared by CITY to be, in default under the Contract, CITY having performed CITY obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 3.1. Complete the Project in accordance with the terms and conditions of the Contract Documents; or 3.2. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the Contract Documents, and upon determination by Surety of the lowest responsible Bidder, or, if CITY elects, upon determination by CITY and Surety jointly of the lowest responsible Bidder, arrange for a contract between such Bidder and CITY, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by CITY to CONTRACTOR under the Contract and any amendments thereto, less the amount properly paid by CITY to CONTRACTOR. No right of action shall accrue on this bond to or for the use of any person or corporation other than CITY named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Signed and sealed this day of ,20 BID NO: 30-01102 DATE: 04/22/02 CITY OF MIAMI BEACH 51 FORM OF PERFORMANCE BOND (Continued) WITNESSES: (Name of Corporation) Secretary By: (Signature) (CORPORATE SEAL) (Print Name and Title) IN THE PRESENCE OF: INSURANCE COMPANY: By: Agent and Attorney-in-Fact Address: (Street) (City/State/Zip Code) Telephone No.: BID NO: 30-01102 DATE: 04/22/02 CITY OF MIAMI BEACH S2 00720. FORM OF PAYMENT BOND BY THIS BOND, We as Principal, hereinafter called CONTRACTOR, and , as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called CITY, in the amount of Dollars ($ for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has by written agreement entered into a Contract. Bid/Contract No,: awarded the day of , 20_, with CITY which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if CONTRACTOR: 1. Pays CITY all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that CITY sustains because of default by CONTRACTOR under the Contract: and 2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor, materials and supplies used directly or indirectly by CONTRACTOR in the performance of the Contract: THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claimant, except a laborer, who is not in privity with CONTRACTOR and who has not received payment for its labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish to CONTRACTOR a notice that he intends to look to the bond for protection, BID NO: 30-01102 CITY OF '(lAMI BEACH DA TE: 04/22/02 S3 FORM OF PAYMENT BOND (Continued) 2.2. A claimant who is not in privity with CONTRACTOR and who has not received payment for its labor, materials, or supplies shall, within ninety (90) days aflel pt::1 forrnance of the li'lbor or after complete delivery of the materials or supplies, deliver to CONTRACTOR and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. 2.3. No action for the labor, materials, or supplies may be instituted against CONTRACTOR or the Surety unless the notices stated under the preceding conditions (2,1) and (2.2) have been given, 2,4. Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255,05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect the Surety's obligation under this Bond. Signed and sealed this day of .20 . CONTRACTOR ATTEST: (Name of Corporation.1 By: (Signature) (Secretary) (Corporate Seal) (Print Name and Title) _ day of ,20_. BID NO: 30-01102 DATE: 04/22/02 CITY OF MIA:\lI BEACH 54 IN THE PRESENCE OF: BID NO: 30~1I02 DATE: 04/22/02 INSURANCE COMPANY: By: Agent and Attorney-in-Fact Address: (Street) (City/State/Zip Code) Telephone No.: CITY OF MIAMI BEACH 55 00721. CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Perfoimance Bond and Payment Bond); that , who signed the Bond(s) on behalf of the Principal, was then of said corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. (SEAL) Secretary (on behalf of) Corporation STATE OF FLORIDA SS COUNTY OF MIAMI-DADE 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/she has been authorized to execute the foregoing Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of CONTRACTOR named therein in favor of CITY. Subscribed and Sworn to before me this ,20_. day of My commission expires: Notary Public, State of Bonded by BID NO: 30-01102 DATE: 04/22/02 CITY OF MIAMI BEACH S6 00735. PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT: Date of Issue Issuing Bank's No. Beneficiarv: Aoolicant: City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Amount: in United States Funds Expiry: (Date) Bid/Contract Number We hereby authorize you to draw on (Bank, Issuer name) at by order (branch address) of and for the account of (contractor applicant, customer) up to an aggregate amount, in United States Funds, of by your drafts at sight, accompanied by: available 1. A signed statement from the City Manager or his authorized designee, that the drawing is due to default in performance of certain obligations on the part (contractor, applicant, customer) agreed upon by and between the City of Miami Beach, Florida and (contractor). pursuant to the (applicant, customer) Bid/Contract No. for (name of project) and Section 255.05, Florida Statutes. Drafts must be drawn and negotiated not later than (expiration date) BID NO: 30-01102 DATE: 04122/02 CITY OF MIAMI BEACH 57 Drafts must bear the clause: "Drawn under Letter of Credit No. (Number), of (Bank name) dated This Letter of Credit shall be renewed for successive periods of one (1) year each unless we provide the City of Miami Beach with written notice of our intent to terminate the credit herein extended, which notice must be provided at least thirty (30) days prior to the expiration date of the original term hereof or any renewed one (1) year term. Notification to the CITY that this Letter of Credit will expire prior to performance of the contractor's obligations will be deemed a default. This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not in any way be modified, or amplified by reference to any documents, instrument, or agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. We hereby agree with the drawers, endorsers. and bona fide holders of all drafts drawn under and in compliance with the terms of this credit that such drafts will be duly honored upon presentation to the drawee, Obligations under this Letter of Credit shall be released one (1) year after the Final Completion of the Project by the (contractor, applicant, customer) This Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce (1993 revision), Publication No, 500 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict between the law of another state or country and Florida law should arise, Florida law shall prevail. Authorized Signature BID so: 30-01102 DATE: 04122/02 CITY OF MIAMI BEACH 58 00800. GENERAL CONDITIONS: 1. Proiect Manual: 1.1. The Project Manual includes any general or special Contract conditions or specifications attached hereto. 1.2. The Project Manual, along with all documents that make up and constitute the Contract Documents, shall be followed in strict accordance as to work, performance, material, and dimensions except when CONSULTANT may authorize, in writing, an exception. 1.3. Dimensions given in figures are to hold preference over scaled measurements from the drawings; however, all discrepancies shall be resolved by CONSULTANT, CONTRACTOR shall not proceed when in doubt as to any dimension or measurement, but shall seek clarification from CONSULTANT. 1.4. CONTRACTOR shall be furnished three (3) copies, free of charge, of the Project Manual; two of which shall be preserved and always kept accessible to CONSUL TANT and CONSUL TANT's authorized representatives. Additional copies of the Project Manual may be obtained from CITY at the cost of reproduction. 2. Intention of CITY: It is the intent of CITY to describe in the Contract Documents a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents and in accordance with all codes and regulations governing construction of the Project. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied by CONTRACTOR whether or not specifically called for, When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals, or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of opening of bids and CONTRACTOR shall comply therewith. CITY shall have no duties other than those duties and obligations expressly set forth within the Contract Documents. BID :"10: 30-01102 DATE: 04/22/02 CITY Of MIAMI BEACH 59 3. Preliminary Matters: 3.1. Within five (5) calendar days prior to the pre-construction meeting described in Section 3.2, CONTRACTOR shall submit to CONSULTANT for CONSULTANT's review and acceptance: 3.1.1. A progress schedule in the indicated forn!. [ ] Bar Chart [ ] Modified CPM [] CPM [ ] Computerized CPM (CPM shall be interpreted to be generally as outlined in the Association of General Contractors (AGC) publication, "The Use of CPM in Construction.") The progress schedule shall indicate the start and completion dates of the various stages of the Work and shall show an activity network for the planning and execution of the Work. Included with the progress schedule shall be a narrative description of the progress schedule. The progress schedule must be updated monthly by CONTRACTOR, submitted as part of each Application for Payment and shall be acceptable to CONSULTANT, 3.1.2. A preliminary schedule of Shop Drawing submissions; and 3,1.3. In a lump sum contract or in a contract which includes lump sum bid items of Work, a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of work which will be confirmed in writing by CONTRACTOR at the time of submission. [ ] Such prices shall be broken down to show labor, equipment, materials and overhead and profit. 3.1.4. After award but prior to the submission of the progress schedule, CONSULTANT, Contract Administrator and CONTRACTOR shall meet with all utility owners and secure from them a schedule of BID NO: 30-01102 DATE: 04/22/02 CITY OF MIAMI BEACH 60 utility relocation, provided, however, neither CONSULTANT nor CITY shall be responsible for the nonperformance by the utility owners. 3.2. At a time specified by CONSULTANT but before CONTRACTOR starts the work at the Project site, a conference attended by CONTRACTOR, CONSULTANT and others as deemed appropriate by Contract Administrator, will be held to discuss the schedules referred to in Section 3.1, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. 3.3. Within thirty-five (35) days from the Project Initiation Date set forth in the Notice to Proceed, a conference attended by CONTRACTOR. CONSULTANT and others, as appropriate, will be held to finalize the schedules submitted in accordance with Section 3.1. Within forty-five (45) days after the Project Initiation Date set forth in the Notice to Proceed, the CONTRACTOR shall revise the original schedule submittal to address all review comments from the CPM review conference and resubmit for CONSULTANT review. The finalized progress schedule will be accepted by CONSULTANT only as providing an orderly progression of the Work to completion within the Contract Time, but such acceptance shall not constitute acceptance by CITY or CONSULTANT of the means or methods of construction or of the sequencing or scheduling of the Work, and such acceptance will neither impose on CONSULTANT or CITY responsibility for the progress or scheduling of the Work nor relieve CONTRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions must be acceptable to CONSULTANT as providing a workable arrangement for processing the submissions. The finalized schedule of values pursuant to Section 3.1.3 above must be acceptable to CONSULTANT as to form and substance. 4. Performance Bond and Pavment Bond: Within fifteen (15) calendar days of being notified of the award, CONTRACTOR shall furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached hereto as forms 00710 and 00720. BID NO: 30-01/02 DATE: 04/22/02 CITY OF MIAMI BEACH 61 4.1. Each Bond shall be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to CITY the completion and performance of the work covered in such Contract as well as full payment of all suppliers, laborers, or subcontractors employed pursuant to this Project. Each Bond shall be with a surety company which is qualified pursuant to Article 5. 4.2. Each Bond shall continue in effect for one year after Final Completion and acceptance of the work with liability equal to one hundred percent (100%) of the Contract sum, or an additional bond shall be conditioned that CONTRACTOR will, upon notification by CITY, correct any defective or faulty work or materials which appear within one year after Final Completion of the Contract. 4.3. Pursuant to the requirements of Section 255.05(1 )(a), Florida Statutes, as may be amended from time to time, CONTRACTOR shall ensure that the bond(s) referenced above shall be recorded in the public records of Miami-Dade County and provide CITY with evidence of such recording. 4.4. Alternate Form of Security: In lieu of a Performance Bond and a Payment Bond, CONTRACTOR may furnish alternate forms of security which may be in the form of cash, money order, certified check, cashier's check or unconditional letter of credit in the form attached hereto as Form 00735. Such alternate forms of security shall be subject to the prior approval of CITY and for same purpose and shall be subject to the same conditions as those applicable above and shall be held by CITY for one year after completion and acceptance of the Work. 5. Qualification of Surety: 5,1. Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred Thousand Dollars ($500,000.00): 5.1.1. Each bond must be executed by a surety company of recognized standing, authorized to do business in the State of Florida as surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. 5.1.2. The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with United States Department of Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the surety BID NO: 30-0Ji02 DATE: 04/22/02 CITY OF MIA:\fI BEACH 62 company shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1,1978 (31 DFR Section 223.10, Section 223.111). Further, the surety company shall provide CITY with evidence satisfactory to CITY, that such excess risk has been prott:l,;ted in an acceptable manner. 5.1.3. The CITY will accept a surety bond from a company with a rating of B+ or better for bonds up to $2 million, provided, however, that if any surety company appears on the watch list that is published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the CITY shall review and either accept or reject the surety company based on the financial information available to the CITY. A surety company that is rejected by the CITY may be substituted by the Bidder or proposer with a surety company acceptable to the CITY, only if the bid amount does not increase, The following sets forth, in general, the acceptable parameters for bonds: Amount of Bond Policy- holder's RatinQs 500,001 to 1,000.000 1,000,001 to 2,000,000 2,000,001 to 5,000.000 5,000,001 to 10,000,000 10,000,001 to 25,000,000 25,000,001 to 50,000,000 50,000,001 or more B+ B+ A A A A A Financial Size CateQorv Class I Class II Class III Class IV Class V Class VI Class VII 5,2. For projects of $500,000,00 or less, CITY may accept a Bid Bond, Performance Bond and Payment Bond from a surety company which has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued, if the surety company is otherwise in compliance with the provisions of the Florida Insurance Code, and if the surety company holds a currently valid certificate of authority issued by the United States Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States Code, as may be amended from time to time. The Certificate and Affidavit so certifying (Form 00722) should be submitted with the Bid Bond and also with the Performance Bond and Payment Bond, BID NO: 30-01102 DATE: 04/22/02 CITY OF MIA'II BEACH 63 5.3, More stringent r uirements of any grantor agency are set forth within the Supplemental C nditions. If there are no more stringent requirements, the provisions of this section shall apply. 6. Indemnification: 6.1 CONTRACTOR shall indemnify and hold harmless CITY, its officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, ut not limited to reasonable attorney's fees, to the extent caused by th negligence, recklessness or intentional wrongful misconduct of ONTRACTOR and persons employed or utilized by CONTRACTOR in the performance of this Agreement. Except as specifically pro ided herein, this Agreement does not require CONTRACTOR 0 indemnify CITY, its employees. officers, directors, or agents from an liability, damage, loss, claim, action, or proceeding. These indemnifi ations shall survive the term of this Agreement. In the event that any a tion or proceeding is brought against CITY by reason of any such claim 0 demand, CONTRACTOR shall, upon written notice from CITY, resist and efend such action or proceeding by counsel satisfactory to CITY. 6.2 The indemnifica ion provided above shall obligate CONTRACTOR to defend at its 0 n expense to and through appellate, supplemental or bankruptcy proc eding, or to provide for such defense, at CITY's option. any and all clai s of liability and all suits and actions of every name and description cove ed by Section 6.1 above which mal be brought against CITY whether rformed by CONTRACTOR, or ;:::ersons employed or utilized by CON RACTOR. 7. 7.1, Without limitin any of the other obligations or liabilities of CONTRACTOR, CONTRACTOR shall provide, pay for, and maintain in force until all of its work to be performed under this Contract has been completed and ccepted by CITY (or for such duration as is otherwise specified herein fter) , the insurance coverages set forth herein. 7.1.1. Workers' complian Florida a must incl ompensation insurance to apply for all employees in with the "Workers' Compensation Law" of the State of d all applicable federal laws, In addition, the policy(ies) e: BID NO: 30-0102 DATE: 04/2202 CITY OF MIAMI BEACH 64 7.1.1.1. Employers' Liability with a limit of One Million Dollars ($1,000,000.00) Dollars ($) each accident. 7.1 .1.2, If any operations are to be undertaken on or about navigable waters, coverage must be included for the U.S. Longshoremen & Harbor Workers Act and Jones Act. 7.1.2. Comprehensive General Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: [ X] 7.1.2,1. Premises and/or Operations, [ X] 7.1,2.2. Independent Contractors. [ X] 7.1,2,3. Products and/or Completed Operations for contracts over Fifty Thousand Dollars ($50,000.00) CONTRACTOR shall maintain in force until at least three years after completion of all work required under the Contract, coverage for Products and Completed Operations. including Broad Form Property Damage, [ X] 7,1,2,4. Explosion, Collapse and Underground Coverages, [X] 7.12,5. Broad Form Property Damage, [ X] 7,1,2.6. Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. [ ] 7.1.2.7. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability, [ X] 7,1.2.8. CITY is to be expressly included as an Additional Insured with respect to liability arising out of operations performed for CITY by or on behalf of CONTRACTOR or acts or omissions of CONTRACTOR in connection with general supervision of such operation. BID so: 30-01102 CITY OF ;\IIAl\1I BEACH DATE: 04/22/02 65 7.1.3. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive elluorsements, as filed by the Insurance Servi~t:::; Or~l,;t::. and must include: 7.1.3.1. 7.1.3.2, 7.1.3.3. Owned Vehicles. Hired and Non-Owned Vehicles. Employers' Non-Ownership. (Not Applicable to this bid) 7.1.4. Builder's Risk insurance for the construction of and/or addition to aboveground buildings or structures is/is not required. The coverage shall be "All Risk" coverage for 100 percent of the completed value, covering CITY as a named insured, with a deductible of not more than Five Thousand Dollars ($5,000.00: each claim. 7,1.4,1, [ ] 7.1.4,2. Waiver of Occupancy Clause or Warranty--Policy must be specifically endorsed to eliminate any "Occupanc: Clause" or similar warranty or representation that the building(s), addition(s) or structure(s) in the course Of construction shall not be occupied without specific endorsement of the policy, The Policy must be endorsed to provide that the Builder's Risk coverage will continue to apply until final acceptance of the building(s), addition(s) or structure(s) by CITY. Flood Insurance--When the buildings or structures are located within an identified special flood hazard area, flood insurance must be afforded for the lesser of the total insurable value of such buildings or structures, or the maximum amount of flood insurance coverage available under the National Flood Program. [] 7.1.5. Installation Floater for the installation of machinery and/or equipment into an existing structure is/is not required. The coverage shall be "All Risk" coverage including installation and transit for 1 00 percent of the "installed replacement cost value," covering CITY as a named insured, with a deductible of not more than Five Thousand Dollars (55,000.00) each claim, BID NO: 30-01102 DATE: 04/22/02 CITY OF MIAMI BEACH 66 7.1.5.1. Cessation of Insurance--Coverage is not to cease and is to remain in force (subject to cancellation notice) until final acceptance by CITY, 7.1.5.2. Flood Insurance--When the machinery or equipment is located within all identified special flood hazard area, flood insurance must be afforded for the lesser of the total insurable value of such buildings or structure, or, the maximum amount of flood insurance coverage available under the National Flood Program. 7.2. If the initial insurance expires prior to the completion of the work, renewal copies of policies shall be furnished at least thirty (30) days prior to the date of their expiration. 7.3. Notice of Cancellation and/or Restriction--The policy(ies) must be endorsed to provide CITY with at least thirty (30) days notice of cancellation and/or restriction. 7.4. CONTRACTOR shall furnish to the City's Risk Manager Certificates of Insurance or endorsements evidencing the insurance coverage specified above within fifteen (15) calendar days after notification of award of the Contract. The required Certificates of Insurance shall name the types of policies provided, refer specifically to this Contract, and state that such insurance is as required by this Contract. The Certificate of Insurance shall be in form similar to and contain the information set forth in Form 00708, 7.5. The official title of the Owner is the City of Miami Beach, Florida, This official title shall be used in all insurance documentation. 8. Labor and Materials: 8.1. Unless otherwise provided herein, CONTRACTOR shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 8.2. CONTRACTOR shall at all times enforce strict discipline and good order among its employees and subcontractors at the Project site and shall not employ on the Project any unfit person or anyone not skilled in the work to which they are assigned. BID NO: 30~1I02 DATE: 04/22/02 CITY OF MIAMI BEACH 67 9. Rovalties and Patents: All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article, material, arrangement, appliance, or method that may be used upon or in any manner be connected with the construction of the Work or appurtenances, are hereby included in the prices stipulated in this Contract for said work. 10. Weather: Extensions to the Contract Time for delays caused by the effects of inclement weather shall be submitted as a request for a change in the Contract Time pursuant to Article 40. These time extensions are justified only when rains or other inclement weather conditions or related adverse soil conditions prevent CONTRACTOR from productively performing controlling items of work identified on the accepted schedule or updates resulting in: (1) CONTRACTOR being unable to work at least fifty percent (50%) of the normal workday on controlling items of work identified on the accepted schedule or updates due to adverse weather conditions; or (2) CONTRACTOR must make major repairs to the Work damaged by weather. Providing the damage was not attributable to a failure to perform or neglect by CONTRACTOR, and providing that CONTRACTOR was unable to work at least fifty percent (50%) of the normal workday on controlling items of work identified on the accepted schedule or updates, 11. Permits, Licenses and Impact Fees: 11.1. Except as otherwise provided within the Supplemental Conditions. all permits and licenses required by federal, state or local laws, rules and regulations necessary for the prosecution of the Work undertaken by CONTRACTOR pursuant to this Contract shall be secured and paid for by CONTRACTOR. It is CONTRACTOR's responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the Work to be performed and valid for the jurisdiction in which the Work is to be performed for all persons working on the Project for whom a Certificate of Competency is required. 11.2. Impact fees levied by the City and/or Miami-Dade County shall be paid by CONTRACTOR. CONTRACTOR shall be reimbursed only for the actual amount of the impact fee levied by the municipality as evidenced by an invoice or other acceptable documentation issued by the municipality, Reimbursement to CONTRACTOR in no event shall include profit or overhead of CONTRACTOR. BID NO: 30-01102 DATE: 04/22/02 CITY OF MIAMI BEACH 68 12. Resolution of DisDutes: 12.1 To prevent all disputes and litigation, it is agreed by the parties hereto that CONSULTANT shall decide all questions, claims, difficulties and disputes of whatever nature which may arise relative to the technical interpretation of the Contract Documents ana fulfillment of this Contract as to the character, quality, amount and value of any work done and materials furnished, or proposed to be done or furnished under or, by reason of, the Contract Documents and CONSULTANT's estimates and decisions upon all claims, questions, difficulties and disputes shall be final and binding to the extent provided in Section 12.2. Any claim, question, difficulty or dispute which cannot be resolved by mutual agreement of CITY and CONTRACTOR shall be submitted to CONSULTANT in writing within twenty-one (21) calendar days. Unless a different period of time is set forth herein, CONSULTANT shall notify CITY and CONTRACTOR in writing of CONSULTANT's decision within twenty-one (21) calendar days from the date of the submission of the claim, question, difficulty or dispute, unless CONSULTANT requires additional time to gather information or allow the parties to provide additional information. All nontechnical administrative disputes shall be determined by the Contract Administrator pursuant to the time periods provided herein. During the pendency of any dispute and after a determination thereof, CONTRACTOR, CONSULTANT and CITY shall act in good faith to mitigate any potential damages including utilization of construction schedule changes and alternate means of construction. 12.2 In the event the de:ermination of a dispute under this Article is unacceptable to either party hereto, the party objecting to the determination must nO:ify the other party in writing within ten (10) days of receipt of the written determination. The notice must state the basis of the objection and must be accompanied by a statement that any Contract Price adjustment claimed is the entire adjustment to which the objecting party has reason to believe it is entitled to as a result of the determination. Within sixty (60) days after Final Completion of the Work, the parties shall participate in mediation to address all objections to any determinations hereunder and to attempt to prevent litigation. The mediator shall be mutually agreed upon by the parties. Should any objection not be resolved in mediation, the parties retain all their legal rights and remedies provided under State law. A party objecting to a determination specifically waives all of its rights provided hereunder, including its rights and remedies under State law, if said party fails to comply in strict accordance with the requirements of this Article. BID NO: 30-01102 DATE: 04/22/02 CITY OF \IIAMI BEACH 69 13. Insoection of Work: 13,1. CONSULTANT and CITY shall at all times have access to the Work, and CONTRACTOR shall provide proper facilities for such access and for inspecting, measuring and testing. 13.1.1, Should the Contract Documents, CONSUL lAN I's instructions, any laws, ordinances, or any public authority require any of the Work to be specially tested or approved, CONTRACTOR shall give CONSULTANT timely notice of readiness of the Work for testing. If the testing or approval is to be made by an authority other than CITY, timely notice shall be given of the date fixed for such testing. Testing shall be made promptly, and, where practicable, at the source of supply. If any of the Work should be covered up without approval or consent of CONSULTANT, it must, if required by CONSULTANT, be uncovered for examination and properly restored at CONTRACTOR's expense. 13.1.2, Reexamination of any of the Work may be ordered by CONSUL TANT with prior written approval by the Contract Administrator, and if so ordered, the Work must be uncovered by CONTRACTOR. If such Work is found to be in accordance with the Contract Documents, CITY shall pay the cost of reexamination and replacement by means of a Change Order. If such Work is not in accordance with the Contract Documents, CONTRACTOR shall pay such cost. 13.2. Inspectors shall have no authority to permit deviations from, nor to relax any of the provisions of, the Contract Documents nor to delay the Contract by failure to inspect the materials and work with reasonable promptness without the written permission or instruction of CONSULTANT, 13.3. The payment of any compensation, whatever may be its character or form, or the giving of any gratuity or the granting of any favor by CONTRACTOR to any inspector, directly or indirectly, is strictly prohibited, and any such act on the part of CONTRACTOR will constitute a breach of this Contract. 14. Suoerintendence and Suoervision: 14.1. The orders of CITY are to be given through CONSULTANT, which instructions are to be strictly and promptly followed in every case. CONTRACTOR shall keep on the Project during its progress, a full-time competent English speaking superintendent and any necessary assistants, all satisfactory to CONSULTANT. The superintendent shall not BID NO: 30-01102 DATE: 04122/02 CITY OF MIAMI BEACH 70 be changed except with the written consent of CONSULTANT. unless the superintendent proves to be unsatisfactory to CONTRACTOR and ceases to be in its employ. The superintendent shall represent CONTRACTOR and all directions given to the superintendent shall be as binding as if given to CONTRACTOR and will be confirmed in writing by CONSULTANT upon the written request of CONTRACTOR. CONTRACTOR shall give efficient supervision to the Work, using its best skill and attention. 14.2. Daily, CONTRACTOR's superintendent shall record, at a minimum, the following information in a bound log: the day; date; weather conditions and how any weather condition affected progress of the Work; time of commencement of work for the day; the work being performed: materials, labor, personnel, equipment and subcontractors at the Project site; visitors to the Project site, including representatives of , CONSULTANT. regulatory representatives; any special or unusual conditions or occurrences encountered; and the time of termination of work for the day. All information shall be recorded in the daily log in ink. The daily log shall be kept on the Project site and shall be available at all times for inspection and copying by CITY and CONSULTANT, 14.3, The Contract Administrator, CONTRACTOR and CONSULTANT shall meet at least weekly or as determined by the Contract Administrator. during the course of the Work to review and agree upon the work performed to date and to establish the controlling items of work for the next two weeks. The CONSULTANT shall publish, keep, and distribute minutes and any comments thereto of each such meeting. 14.4. If CONTRACTOR, in the course of prosecuting the Work, finds any discrepancy between the Contract Documents and the physical conditions of the locality, or any errors, omissions, or discrepancies in the Project Manual, it shall be CONTRACTOR's duty to immediately inform CONSULTANT, in writing, and CONSULTANT will promptly review the same. Any work done after such discovery, until authorized, will be done at CONTRACTOR's sole risk. 14.5. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. BID NO: 30-01102 DATE: 04/22/02 CITY OF MIAMI BEACH 71 15. CITY's Rioht to Terminate Contract: 15.1. If CONTRACTOR fails to begin the Work within fifteen (15) calendar days after the Project Initiation Date, or fails to perform the Work with sufficient workers and equipment or with sufficient materials to insure the prompt completion of the Work, or shaH peliolfll the Work unsuitably, or cause It to be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work pursuant to the accepted schedule or if CONTRACTOR shall fail to perform any material term set forth in the Contract Documents or if CONTRACTOR shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry on the Work in an acceptable manner, Contract Administrator may give notice in writing to CONTRACTOR and its Surety of such delay, neglect or default, specifying the same. If CONTRACTOR. within a period of five (5) calendar days after such notice, shall not proceed in accordance therewith, then CITY may upon written certificate from CONSULTANT of the fact of such delay, neglect or default and CONTRACTOR's failure to comply with such notice, terminate the services of CONTRACTOR, exclude CONTRACTOR from the Project site and take the prosecution of the Work out of the hands of CONTRACTOR, and appropriate or use any or all materials and equipment on the Project site as may be suitable and acceptable. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Project is completed. In addition CITY may enter into an agreement for the completion of the Project according to the terms and provisions of the Contract Documents, or use such other methods as in CITY's sole opinion shall be required for the completion of the Project according to the terms and provisions of the Contract Documents, or use such other methods as in CITY's sole opinion shall be required for the completion of the Project in an acceptable manner. All damages, costs and charges incurred by CITY, together with the costs of completing the Project, shall be deducted from any monies due or which may become due to CONTRACTOR. In case the damages and expenses so incurred by CITY shall exceed the unpaid balance, then CONTRACTOR shall be liable and shall pay to CITY the amount of said excess. 15.2. If after notice of termination of CONTRACTOR's right to proceed, it is determined for any reason that CONTRACTOR was not in default, the rights and obligations of CITY and CONTRACTOR shall be the same as if the notice of termination had been issued pursuant to the Termination for Convenience clause as set forth in Section 15.3 below. SID NO: 30-01102 DATE: 04/22/02 CITY OF :\lIA;\1I BEACH 72 15.3. This Contract may be terminated for convenience in writing by CITY upon ten (10) days written notice to CONTRACTOR (delivered by certified mail, return receipt requested) of intent to terminate and the date on which such termination becomes effective. In such case, CONTRACTOR shall be paid for all work executed and expenses incurred prior to termination in addition to termination settlement costs reasonably incurred by CONTRACTOR ielating to commitments which had becomE: firm prior to the termination. Payment shall include reasonable profit for work/services satisfactorily performed. No payment shall be made for profit for work/services which have not been performed. 15.4. Upon receipt of Notice of Termination pursuant to Sections 15.1 or 15.3 above, CONTRACTOR shall promptly discontinue all affected work unless the Notice of Termination directs otherwise and deliver or otherwise make available to CITY all data, drawings, specifications, reports, estimates, summaries and such other information as may have been required by the Contract Documents whether completed or in process. 16. CONTRACTOR's Riaht to Stop Work or Terminate Contract: Should CONSULTANT fail to review and approve or s:ate in writing reasons for nonapproval of any Application for Payment within twenty (20) days after it is presented, or if CITY fails either to pay CONTRACTOR within thirty (30) aays after presentation by CONSULTANT of any sum certified by CONSULTANT. or to notify CONTRACTOR and CONSULTANT in writing of any objection to the Application for Payment, then CONTRACTOR may, give written notice to CITY and CONSULTANT of such delay, neglect or default specifying the same If CITY or CONSULTANT (where applicable), within a period of ten (10) calendar days after such notice shall not remedy the delay, neglect, or default upon which the notice is based, then CONTRACTOR may stop work or terminate this Contract and recover from CITY payment for all work executed and reasonable expenses sustained therein plus reasonable termination expenses. Any objection made by CITY to an Application for Payment shall be submitted to CONSULTANT in accordance with the provisions of Article 12 hereof. 17. Assianment: Neither party hereto shall assign the Contract or any subcontract in whole or in part without the written consent of the other, nor shall CONTRACTOR assign any monies due or to become due to it hereunder, without the previous written consent of the Mayor and City Commission, BID NO: 30-01102 DATE: 04/22/02 CITY OF !\nA~1I BEACH 73 18. Riahts of Various Interests: Whenever work being done by CITY's forces or by other contractors is contiguous to or within the limits of work covered by this Contract, the respective rights of the various interests involved shall be established by the Contract Administrator to secure the completion of the various portions of the work in general harmony. 19. Differina Site Conditions: In the event that during the course of the Work CONTRACTOR encounters subsurface or concealed conditions at the Project site which differ materially from those shown on the Contract Documents and from those ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents; or unknown physical conditions of the Project site, of an unusual nature, which differ materially from that ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents, CONTRACTOR, without disturbing the conditions and before performing any work affected by such conditions, shall, within twenty-four (24) hours of their discovery, notify CITY and CONSULTANT in writing of the existence of the aforesaid conditions. CONSULTANT and CITY shall, within two (2) business days after receipt of CONTRACTOR's written notice, investigate the site conditions identified by CONTRACTOR. If, in the sole opinion of CONSULTANT, the conditions do materially so differ and cause an increase or decrease in CONTRACTOR's cost of, or the time required for, the performance of any part of the Work, whether or not charged as a result of the conditions, CONSULTANT shall recommend an equitable adjustment to the Contract Price, or the Contract Time, or both. If CITY and CONTRACTOR cannot agree on an adjustment in the Contract Price or Contract Time, the adjustment shall be referred to CONSULTANT for determination in accordance with the provisions of Article 12, Should CONSULTANT determine that the conditions of the Project site are not so materially different to justify a change in the terms of the Contract, CONSULTANT shall so notify CITY and CONTRACTOR in writing, stating the reasons, and such determination shall be final and binding upon the parties hereto. No request by CONTRACTOR for an equitable adjustment to the Contract under this provision shall be allowed unless CONTRACTOR has given written notice in strict accordance with the provisions of this Article. No request for an equitable adjustment or change to the Contract Price or Contract Time for differing site conditions shall be allowed if made after the date certified by CONSULTANT as the date of substantial completion. BID NO: 30-01102 DATE: 04/22/02 CITY OF MIAMI BEACH 74 20. Plans and Workino Drawinos: CITY, through CONSULTANT, shall have the right to modify the details of the plans and specifications, to supplement the plans and specifications with additional plans, drawings or additional information as the Work proceeds, all of which shall be considered as part of the Project Manual. In case of disagreement between the written and graphic portion::. UI thE: PlOjed Manual, the written portion shall govern. 21. CONTRACTOR to Check Plans. Soecifications and Data: CONTRACTOR shall verify all dimensions, quantities and details shown on the plans, specifications or other data received from CONSULTANT, and shall notify CONSULTANT of all errors, omissions and discrepancies found therein within three (3) calendar days of discovery. CONTRACTOR will not be allowed to take advantage of any error, omission or discrepancy, as full instructions will be furnished by CONSULTANT. CONTRACTOR shall not be liable for damages resulting from errors, omissions or discrepancies in the Contract Documents unless CONTRACTOR recognized such error, omission or discrepancy and knowingly failed to report it to CONSULTANT, 22. CONTRACTOR's Resoonsibilitv for Damaqes and Accidents: 22.1, CONTRACTOR shall accept full responsibility for the Work against all loss or damage of whatsoever nature sustained until final acceptance by CITY. and shall promptly repair any damage done from any cause whatsoever. except as provided in Article 29, 22.2. CONTRACTOR shall be responsible for all materials, equipment and supplies pertaining to the Project. In the event any such materials, equipment and supplies are lost. stolen. damaged or destroyed prior to final acceptance by CITY, CONTRACTOR shall replace same without cost to CITY, except as provided in Article 29, 23. Warranty: CONTRACTOR warrants to CITY that all materials and equipment furnished under this Contract will be new unless otherwise specified and that all of the Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by CONSULTANT, CONTRACTOR shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by the provisions of Article 25 herein, BID NO: 30-01102 DATE: 04122/02 CITY OF 'n.un BEACH 75 24. SUDDlementarv Drawinas: 24.1. When, in the opinion of CONSULTANT, it becomes necessary to explain the Work to be done more fully, or to illustrate the Work further, or to show any changes which may be required, supplementary drawings, with specifications pertaining thereto, will be prepared by CONSULTANT. 24.2. The supplementary drawings shall be binding upon CONTRACTOR with the same force as the Project Manual. Where such supplementary drawings require either less or more than the original quantities of work, appropriate adjustments shall be made by Change Order. 25. Defective Work: 25.1. CONSULTANT shall have the authority to reject or disapprove work which CONSULTANT finds to be defective. If required by CONSULTANT, CONTRACTOR shall promptly either correct all defective work or remove such defective work and replace it with nondefective work. CONTRACTOR shall bear all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. 25.2. Should CONTRACTOR fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by CONSULTANT. CITY shall have the authority to cause the defective work to be removed or corrected, or make such repairs as may be necessary at CONTRACTOR's expense. Any expense incurred by CITY in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to CONTRACTOR, or may be charged against the Performance Bond, In the event of failure of CONTRACTOR to make all necessary repairs promptly and fully, CITY may declare CONTRACTOR in default. 25.3. If, within one (1) year after the date of substantial completion or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision of the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, CONTRACTOR, after receipt of written notice from CITY, shall promptly correct such defective or nonconforming Work within the time specified by CITY without cost to CITY, to do so. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which CONTRACTOR might have under the Contract Documents including but not limited to, Article 23 hereof and any claim regarding latent defects. BID NO: 30-01102 DATE: 04/22/02 CITY OF MIAMI BEACH 76 25.4. Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate CITY to final acceptance. 26. Taxes: CONTRACTOR shall pay all applicable sales, consumer, use and other taxes required by law. CONTRACTOR is responsible for reviewing the pertinent state statutes involving state taxes and complying with all requirements, 27. Subcontracts: 27.1. CONTRACTOR shall not employ any subcontractor against whom CITY or CONSULTANT may have a reasonable objection. CONTRACTOR shall not be required to employ any subcontractor against whom CONTRACTOR has a reasonable objection. 27.2. CONTRACTOR shall be fully responsible for all acts and omissions of its subcontractors and of persons directly or indirectly employed by its subcontractors and of persons for whose acts any of them may be liable to the same extent that CONTRACTOR is responsible for the acts and omissions of persons directly employed by it. Nothing in the Contract Documents shall create any contractual relationship between any subcontractor and CITY or any obligation on the part of CITY to payor to see the payment of any monies due any subcontractor, CITY or CONSULTANT may furnish to any subcontractor evidence of amounts paid to CONTRACTOR on account of specific work performed, 27.3. CONTRACTOR agrees to bind specifically every subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of CITY. [X] 27.4. CONTRACTOR shall perform the Work with its own organization, amounting to not less than (ten) 10% percent of the Contract Price, 28. Seoarate Contracts: 28.1. CITY reserves the right to let other contracts in connection with this Project. CONTRACTOR shall afford other persons reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate this Work with theirs. 28.2. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any other persons, CONTRACTOR shall inspect BID NO: 30-01102 DATE: 04/22/02 CITY OF MIAMI BEACH 77 and promptly report to CONSULTANT any defects in such work that render it unsuitable for such proper execution and results. CONTRACTOR's failure to so inspect and report shall constitute an acceptance of the other person's work as fit and proper for the reception of CONTRACTOR's Work, except as to defects which may develop in other contractor's work after the execution of CONTRACTOR's. 28.3. CONTRACTOR shall conduct its operations and take all reasonable steps to coordinate the prosecution of the Work so as to create no interference or impact on any other contractor on the site. Should such interference or impact occur, CONTRACTOR shall be liable to the affected contractor for the cost of such interference or impact. 28.4, To insure the proper execution of subsequent work, CONTRACTOR shall inspect the work already in place and shall at once report to CONSULTANT any discrepancy between the executed work and the requirements of the Contract Documents. 29. Use of Completed Portions: 29.1. CITY shall have the right at its sole option to take possession of and use any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance of any of the Work not completed in accordance with the Contract Documents, If such possession and use increases the cost of or delays the Work. CONTRACTOR shall be entitled to reasonable extra compensation, or reasonable extension of time or both, as recommended by CONSULTANT and approved by CITY. 29.2. In the event CITY takes possession of any completed or partially completed portions of the Project. the following shall occur: 29.2.1, CITY shall give notice to CONTRACTOR in writing at least thirty (30) calendar days prior to CITY's intended occupancy of a designated area. 29.2.2. CONTRACTOR shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion in the form attached hereto as 00925 from CONSULTANT. BID NO: 30-01102 DATE: 04/22/02 CITY OF MI.UlI BEACH 78 29.2.3. Upon CONSULTANT's issuance of a Certificate of Substantial Completion. CITY will assume full responsibility for maintenance, utilities, subsequent damages of CITY and public, adjustment of insurance coverages and start of warranty for the occupied area. 29.2.4. CONTRACTOR ::;ni:lii ~o!T1pieie all items noted on the Certificate of Substantial Completion within the time specified by CONSULTANT on the Certificate of Substantial Completion, as soon as possible and request final inspection and final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, CONSULTANT shall issue a Final Certificate of Payment relative to the occupied area. 29.2.5. If CITY finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by CITY and CONTRACTOR and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use, Consent of CONTRACTOR and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld, 30. Lands for Work: 30.1, CITY shall provide, as may be indicated in the Contract Documents, the lands upon which the Work is to be performed. rights-of-way and easements for access thereto and such other lands as are designated by CITY or the use of CONTRACTOR. 30.2, CONTRACTOR shall provide, at CONTRACTOR's own expense and without liability to CITY, any additional land and access thereto that may be required for temporary construction facilities, or for storage of materials. CONTRACTOR shall furnish to CITY copies of written permission obtained by CONTRACTOR from the owners of such facilities, 31. LeQal Restrictions and Traffic Provisions: CONTRACTOR shall conform to and obey all applicable laws, regulations, or ordinances with regard to labor employed, hours of work and CONTRACTOR's general operations, CONTRACTOR shall conduct its operations so as not to BID NO: 30-01102 DATE: 04/22/02 CITY OF MIAMI BEACH 79 close any thoroughfare, nor interfere in any way with traffic on railway, highways, or water, without the prior written consent of the proper authorities, 32. Location and Damaqe to Existinq Facilities. Equipment or Utilities: 32.1. As far as possible, all existing utility lines in the Project area have been shown Oil the plans. However, CITY does not YUari:jf)i~~lilai all iines are shown, or that the ones indicated are in their true location. It shall be the CONTRACTOR:S responsibility to identify and locate all underground and overhead utility lines or equipment affecting or affected by the Project. No additional payment will be made to the CONTRACTOR because of discrepancies in actual and plan location of utilities, and damages suffered as a result thereof. 32.2, The CONTRACTOR shall notify each utility company involved at least ten (10) days prior to the start of construction to arrange for positive underground location, relocation or support of its utility where that utility may be in conflict with or endangered by the proposed construction, Relocation of water mains or other utilities for the convenience of the CONTRACTOR shall be paid by the CONTRACTOR All charges by utility companies for temporary support of its utilities shall be paid for by the CONTRACTOR All costs of permanent utility relocation to avoid conflict shall be the responsibility of the utility company involved. No additional payment will be made to the CONTRACTOR for utility relocations, whether or not said relocation is necessary to avoid conflict with other lines. 32.3. The CONTRACTOR shall schedule the work in such a manner that the work is not delayed by the utility providers relocating or supporting their utilities. The CONTRACTOR shall coordinate its activities 'Nith any and all public and private utility providers occupying the right-of-way. No compensation will be paid to the CONTRACTOR for any loss of time or delay. 32,4. All overhead, surface or underground structures and utilities encountered are to be carefully protected from injury or displacement. All damage to such structures is to be completely repaired within a reasonable time; needless delay will not be tolerated. The CITY reserves the right to remedy such damage by ordering outside parties to make such repairs at the expense of the CONTRACTOR All such repairs made by the CONTRACTOR are to be made to the satisfaction of the utility owner. All damaged utilities must be replaced or fully repaired. All repairs are to be inspected by the utility owner prior to backfilling. BID so: 30-01102 DATE: 0422/02 CITY OF MIAMI BEACH 80 33. Value Enoineerino: CONTRACTOR may request substitution of materials. articles, pieces of equipment or any changes that reduce the Contract Price by making such request to CONSULTANT in writing. CONSULTANT will be the sole judge of acceptability, and no substitute will be ordered, installed, used or initiated without CONSULTANT's prior written accE:l-'tance which will be evidenced by either a Change Order or an approved Shop Drawing. However, any substitution accepted by CONSULTANT shall not result in any increase in the Contract Price or Contract Time. By making a request for substitution, CONTRACTOR agrees to pay directly to CONSULTANT all CONSULTANT's fees and charges related to CONSULTANT's review of the request for substitution. whether or not the request for substitution is accepted by CONSULTANT, Any substitution submitted by CONTRACTOR must meet the form, fit, function and life cycle criteria of the item proposed to be replaced and there must be a net dollar savings including CONSULTANT review fees and charges, If a substitution is approved, the net dollar savings shall be shared equally between CONTRACTOR and CITY and shall be processed as a deductive Change Order. CITY may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute approved after award of the Contract. 34, Continuino the Work: CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with CITY. including disputes or disagreements concerning a request for a Change Order. a request for a change in the Contract Price or Contract Time, The Work shall not be delayed or postponed pending resolution of any disputes or disagreements, 35. Chanoes in the Work or Terms of Contract Documents: 35,1. Without invalidating the Contract and without notice to any surety CITY reserves and shall have the right, from time to time to make such increases, decreases or other changes in the character or quantity of the Work as may be considered necessary or desirable to complete fully and acceptably the proposed construction in a satisfactory manner. Any extra or additional work within the scope of this Project must be accomplished by means of appropriate Field Orders and Supplemental Instructions or Change Orders. 35.2. Any changes to the terms of the Contract Documents must be contained in a written document, executed by the parties hereto, with the same formality and of equal dignity prior to the initiation of any work reflecting BID NO: 30-01102 DATE: 04/22/02 CITY OF \flAMI BEACH 81 such change. This section shall not prohibit the issuance of Change Orders executed only by CITY as hereinafter provided. 36. Field Orders and Supplemental Instructions: 36.1. The Contract Administrator, through CONSULTANT, shall have the right lU d~~IUve Clnd issue Field Orders setting iorth written interpretations of the intent of the Contract Documents and ordering minor changes in Work execution, providing the Field Order involves no change in the Contract Price or the Contract Time. 36.2. CONSULTANT shall have the right to approve and issue Supplemental Instructions setting forth written orders, instructions, or interpretations concerning the Contract Documents or its performance, provided such Supplemental Instructions involve no change in the Contract Price or the Contract Time. 37. Chanoe Orders: 37.1. Changes in the quantity or character of the Work within the scope of the Project which are not properly the subject of Field Orders or Supplemental Instructions, including all changes resulting in changes in the Contract Price, or the Contract Time, shall be authorized only by Change Orcers approved in advance and issued in accordance I,',ith the provisions of the CITY. 37.2. All changes to construction contracts must be approved in advance in accordance with the value of the Change Order or the calculated value of the time extension. All Change Orders with a value of $25,000 or more shall be approved in advance by the Mayor and City Commission. All Change Orders with a value of less than S25.000 shall be approved In advance by the City Manager or his designee. 37.3. In the event satisfactory adjustment cannot be reached for any item requiring a change in the Contract Price or Contract Time, and a Change Order has not been issued, CITY reserves the right at its sole option to either terminate the Contract as it applies to the items in question and make such arrangements as may be deemed necessary to complete the disputed work; or submit the matter in dispute to CONSULTANT as set forth in Article 12 hereof. During the pendency of the dispute, and upon receipt of a Change Order approved by CITY, CONTRACTOR shall promptly proceed with the change in the Work involved and advise the CONSULTANT and Contract Administrator in writing within seven (7) calendar days of CONTRACTOR's agreement or disagreement with the BID NO: 30-01102 DATE: 04122/02 CITY OF MIAMI BEACH 82 method, if any, provided in the Change Order for determining the proposed adjustment in the Contract Price or Contract Time. 37.4. On approval of any Contract change increasing the Contract Price, CONTRACTOR shall ensure that the performance bond and payment bond are increased so that each reflects the total Contract Price as increased. 37.5, Under circumstances determined necessary by CITY, Change Orders may be issued unilaterally by CITY. 38. Value of Chanae Order Work: 38.1. The value of any work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 38.1.1. Where the work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of items involved, subject to the provisions of Section 38.7. 38.1.2. By mutual acceptance of a lump sum which CONTRACTOR and CITY acknowledge contains a component for overhead and profit. 38.1.3. On the basis of the "cost of work. U determined as provided in Sections 38.2 and 38,3. plus a CONTRACTOR's fee for overhead and profit which is determined as provided in Section 38.4. 38.2, The term "cost of work" means the sum of all direct costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work described in the Change Order. Except as otherwise may be agreed to in writing by CITY, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in Section 38.3. 38.2.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the work described in the Change Order under schedules of job classifications agreed upon by CITY and CONTRACTOR. Payroll costs for employees not employed full time on the work covered by the Change Order shall be apportioned on the basis of their time spent on BID NO: 30-01102 CITY OF MIAMI BEACH DATE: 04/22/02 83 the work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay application thereto. Such employees shall include superintendents' and fOCenle(1 at the site. The expenses of performing the work after regular working hours, on Sunday or legal holidays. shall be included in the above to the extent authorized by CITY. 38.2.2. Cost of all materials and equipment furnished and incorporated in the work, including costs of transportation and storage thereof, and manufacturers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless CITY deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to CITY. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to CITY and CONTRACTOR shall make provisions so that they may be obtained. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by CITY with the advice of CONSULTANT and the costs of transportation, loading, unloading, installation, dismantling and removal thereof, all in accordance with the terms of said agreements, The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the work. 38.2.3. Payments made by CONTRACTOR to Subcontractors for work performed by Subcontractors. If required by CITY, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR and shall deliver such bids to CITY who will then determine, with the advice of CONSULTANT, which bids will be accepted. If the Subcontract provides that the Subcontractor is to be paid on the basis of cost of the work plus a fee, the Subcontractor's cost of the work shall be determined in the same manner as CONTRACTOR'S cost of the work. All Subcontractors shall be subject to the other provisions of the Contract Documents insofar as applicable, 38.2.4. Cost of special consultants, including, but not limited to, engineers, architects, testing laboratories. and surveyors BID NO: 30-01/02 CITY OF 'IIAMI BEACH DATE: 04/22/02 84 employed for services specifically related to the performance of the work described in the Change Order. 38.2.5. Supplemental costs including the following: 38.2.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the work except for local travel to and from the site of the work. 38.2.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, applian- ces, office and temporary facilities at the site and hand tools not owned by the workmen, which are consumed in the performance of the work, and cost less market value of such items used but not consumed which remains the property of CONTRACTOR. 38.2.5.3. Sales, use, or similar taxes related to the work, and for which CONTRACTOR is liable, imposed by any governmental authority. 38.2,5.4. Deposits lost for causes other than CONTRACTOR's negligence; royalty payments and fees for permits and licenses. 38.2.5.5, The cost of utilities, fuel and sanitary facilities at the site. 38.2.5.6. Receipted minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the work, 38.2.5.7. Cost of premiums for additional bonds and insurance required because of changes in the work, 38.3. The term "cost of the work" shall not include any of the following: 38.3.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, auditors, accountants, purchasing and BID NO: 30-01102 CITY OF MIAMI BEACH DA TE: 04122/02 85 contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in its principal or a branch office for general administration of the work and not specifically included in the agreed-upon schedule of job classifications referred to in Section 38.2,1., all of which are to be considered administrative costs covered by CONTRACTOR's fee. 38.3.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site, 38.3.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the work and charges against CONTRACTOR for delinquent payments. 38.3.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same, except for additional bonds and insurance required because of changes in the work. 38.3.5. Costs due to the negligence or neglect of CONTRACTOR, any Subcontractors, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. 38.3,6. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in Section 38.2. 38.4, CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 38.4.1. A mutually acceptable fixed fee or if none can be agreed upon, 38.4.2. A fee based on the following percentages of the various portions of the cost of the work: 38.4.2.1. For costs incurred under Sections 38.2.1 and 38.2.2, CONTRACTOR's fee shall not exceed ten percent (10%). 38.4.2.2. For costs incurred under Section 38.2.3, CONTRACTOR's fee shall not exceed seven and BID NO: 30-01102 CITY OF MIA'I1 BEACH DA TE: 04/22/02 86 one half percent (7.5%); and if a subcontract is on the basis of cost of the work plus a fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall not exceed ten percent (10%); and 38,4.2.3. No fee shall be payabie on the basis of costs itemized under Sections 38.2,4 and 38.2.5, (except Section 38.2,5.3), and Section 38.3, 38,5, The amount of credit to be allowed by CONTRACTOR to CITY for any such change which results in a net decrease in cost, will be the amount of the actual net decrease. When both additions and credits are involved in anyone change, the combined overhead and profit shall be figured on the basis of the net increase, if any, however, CONTRACTOR shall not be entitled to claim lost profits for any Work not performed. 38.6. Whenever the cost of any work is to be determined pursuant to Sections 38.2 and 38.3, CONTRACTOR will submit in a form acceptable to CONSULTANT an itemized cost breakdown together with the supporting data, 38.7. Where the quantity of any item of the Work that is covered by a unit price is increased or decreased by more than twenty percent (20%) from the quantity of such work indicated in the Contract Documents, an appropriate Change Order shall be issued to adjust the unit price, if warranted, 38.8, Whenever a change in the Work is to be based on mutual acceptance of a lump sum, whether the amount is an addition, credit or no change-in-cost. CONTRACTOR shall submit an initial cost estimate acceptable to CONSULTANT and Contract Administrator. 38.8.1. Breakdown shall list the quantities and unit prices for materials, labor, equipment and other items of cost. 38.8.2. Whenever a change involves CONTRACTOR and one or more Subcontractors and the change is an increase in the Contract Price, overhead and profit percentage for CONTRACTOR and each Subcontractor shall be itemized separately. 38.9. Each Change Order must state within the body of the Change Order whether it is based upon unit price, negotiated lump sum, or "cost of the work." BID NO: 30-01102 DATE: 04/22/02 CITY OF 'IIAMI BEACH 87 39. Notification and Claim for Chanoe of Contract Time or Contract Price: 39.1. Any claim for a change in the Contract Time or Contract Price shall be made by written notice by CONTRACTOR to the Contract Administrator and to CONSULTANT within five (5) calendar days of the commencement of the event giving rise to the claim and stating the general nature and cause or the claim. Thereafter, within twenty (20) calendar days of the termination of the event giving rise to the claim, written notice of the extent of the claim with supporting information and documentation shall be provided unless CONSULTANT allows an additional period of time to ascertain more accurate data in support of the claim and such notice shall be accompanied by CONTRACTOR's written notarized statement that the adjustment claimed is the entire adjustment to which the CONTRACTOR has reason to believe it is entitled as a result of the occurrence of said event. All claims for changes in the Contract Time or Contract Price shall be determined by CONSULTANT in accordance with Article 12 hereof, if CITY and CONTRACTOR cannot otherwise agree. IT IS EXPRESSLY AND SPECIFICALLY AGREED THAT ANY AND ALL CLAIMS FOR CHANGES TO THE CONTRACT TIME OR CONTRACT PRICE SHALL BE WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION. 39.2. The Contract Time will be extended in an amount equal to time lost on critical Work items due to delays beyond the control of and through no fault or negligence of CONTRACTOR if a claim is made therefor as provided in Section 39.1, Such delays shall include, but not be limited to, acts or neglect by any separate contractor employed by CITY, fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. 40. No Damaoes for Delay: No claim for damages or any claim, other than for an extension of time, shall be made or asserted against CITY by reason of any delays except as provided herein. CONTRACTOR shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from CITY for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by CONTRACTOR for actual delays due solely to fraud, bad faith or active interference on the part of CITY or its CONSULTANT. Otherwise, CONTRACTOR shall be entitled only to BID NO: 30-01102 DATE: 04122/02 CITY OF MIAMI BEACH 88 extensions of the Contract Time as the sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above. 41. Excusable Delav: Compensable: Non-Compensable: 41.1 Excusable Delay. Delay which extends the completion of the Work and which is caused by circuml:itancel:i btlyullu iile l;ontrol of CONTRACTOR or its subcontractors, suppliers or vendors is Excusable Delay. CONTRACTOR is entitled to a time extension of the Contract Time for each day the Work is delayed due to Excusable Delay. CONTRACTOR shall document its claim for any time extension as provided in Article 39 hereof. Failure of CONTRACTOR to comply with Article 39 hereof as to any particular event of delay shall be deemed conclusively to constitute a waiver, abandonment or relinquishment of any and all claims resulting from that particular event of delay. Excusable Delay may be compensable or non-compensable: (a) Compensable Excusable Delay, Excusable Delay is compensable when (i) the delay extends the Contract Time, (ii) is caused by circumstances beyond the control of the CONTRACTOR or its subcontractors, suppliers or vendors, and (iii) is caused solely by fraud, bad faith or active interference on the part of CITY or its agents. In no event shall CONTRACTOR be compensated for interim delays which do not extend the Contract Time. CONTRACTOR shall be entitled to direct and indirect costs for Compensable Excusable Delay. Direct costs recoverable by CONTRACTOR shall be limited to the actual additional costs allowed pursuant to Article 38 hereof. CITY and CONTRACTOR recognize and agree that the amount of CONTRACTOR's precise actual indirect costs for delay in the performance and completion of the Work is impossible to determine as of the date of execution of the Contract Documents, and that proof of the precise amount will be difficult. Therefore, indirect costs recoverable by the CONTRACTOR shall be liquidated on a daily basis for each day the Contract Time is delayed due to a Compensable Excusable Delay. These liquidated indirect costs shall be paid to compensate CONTRACTOR for all indirect costs caused by a Compensable Excusable Delay and shall include, but not be limited to, all profit on indirect costs, home office overhead, acceleration, loss of earnings, loss of productivity, loss of BID SO: 30-01102 DATE: 04/22/02 CITY OF 'lIA:\1I BEACH 89 bonding capacity, loss of opportunity and all other indirect costs incurred by CONTRACTOR. The amount of liquidated indirect costs recoverable shall be N/A per day for each calendar day the Contract is delayed due to a Compensable Excusable Delay. (b) Non-Compensable Excusable Delay. When Excusable Delay is (i) caus~u by cin,,:ull1stances beyond the conlrui 01 CONTRACTOR, its subcontractors, suppliers and vendors, and is also caused by circumstances beyond the control of the CITY or CONSULTANT, or (ii) is caused jointly or concurrently by CONTRACTOR or its subcontractors, suppliers or vendors and by the CITY or CONSULTANT, then CONTRACTOR shall be entitled only to a time extension and no further compensation for the delay. 42. Substantial Completion: When CONTRACTOR considers that the Work, or a portion thereof designated by CITY pursuant to Article 29 hereof, has reached Substantial Completion, CONTRACTOR shall so notify CITY and CONSULTANT in writing, CONSULTANT and CITY shall then promptly inspect the Work, When CONSULTANT, on the basis of such an inspection, determines that the Work or designated portion thereof is substantially complete, it will then prepare a Certificate of Substantial Completion in the form attached hereto as Form 00925 which shall establish the Date of Substantial Completion: shall state the responsibilities of CITY and CONTRACTOR for security, maintenance, heat. utilities, damage to the Work, and insurance; and shall list all Work yet to be completed to satisfy the requirements of the Contract Documents for Final Completion. The failure to include any items of corrective work on such list coes not alter the responsibility of CONTRACTOR to complete all of the Work in accordance with the Contract Documents Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the ','.:ark or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to CITY through the Contract Administrator and CONTRACTOR for their written acceptance of the responsibilities assigned to them in such Certificate. 43. No Interest: Any monies not paid by CITY when claimed to be due to CONTRACTOR under this Agreement, including, but not limited to, any and all claims for contract damages of any type, shall not be subject to interest including, but not limited to prejudgment interest. However, the provisions of CITY's prompt payment ordinance, as such relates to timeliness of payment, and the provisions of BID NO: 30-01102 DATE: 04/22/02 CITY or MIA'II BEACH 90 Section 218.74(4), Florida Statutes (1989) as such relates to the payment of interest, shall apply to valid and proper invoices. 44. Shop Drawinas: 44.1. CONTRACTOR shall submit Shop Drawings as required by the Technical Specifications. The purpo::it;: of tile Shop Drawings is to show the suitability, efficiency, technique of manufacture, installation requirements, details of the item and evidence of its compliance or noncompliance with the Contract Documents. 44.2. Within thirty (30) calendar days after the Project Initiation Date specified in the Notice to Proceed, CONTRACTOR shall submit to CONSULTANT a complete list of preliminary data on items for which Shop Drawings are to be submitted and shall identify the critical items, Approval of this list by CONSUL TANT shall in no way relieve CONTRACTOR from submitting complete Shop Drawings and providing materials, equipment, etc" fully in accordance with the Contract Documents. This procedure is required in order to expedite final approval of Shop Drawings, 44,3. After the approval of the list of items required in Section 44,2 above, CONTRACTOR shall promptly request Shop Drawings from the various manufacturers, fabricators, and suppliers. CONTRACTOR shall include all shop drawings and other submittals in its certification, 44.4. CONTRACTOR shall thoroughly review and check the Shop Drawings and each and every copy shall show this approval thereon, 44.5. If the Shop Drawings show or indicate departures from the Contract requirements, CONTRACTOR shall make specific mention thereof in its letter of transmittal. Failure to point out such departures shall not relieve CONTRACTOR from its responsibility to comply with the Contract Documents. 44.6. CONSULTANT shall review and approve Shop Drawings within fifteen (15) calendar days from the date received, unless said Drawings are rejected by CONSULTANT for material reasons. CONSULTANT's approval of Shop Drawings will be general and shall not relieve CONTRACTOR of responsibility for the accuracy of such Drawings, nor for the proper fitting and construction of the work, nor for the furnishing of materials or work required by the Contract Documents and not indicated on the Drawings. No work called for by Shop Drawings shall be performed until the said Drawings have been approved by CONSULTANT. Approval shall not relieve CONTRACTOR from responsibility for errors or omissions of any sort on the Shop Drawings. BID NO: 30-01102 CITY OF MIAMI BEACH DATE: 04/22/02 91 44.7. No approval will be given to partial submittals of Shop Drawings for items which interconnect and/or are interdependent where necessary to properly evaluate the design. It is CONTRACTOR's responsibility to assemble the Shop Drawings for all such interconnecting and/or interdependent items, check them and then make one submittal to CONSUl.. TANT along with its comment::; as to compliance, noncompliance, or features requiring special attention. 44.8. If catalog sheets or prints of manufacturers' standard drawings are submitted as Shop Drawings, any additional information or changes on such drawings shall be typewritten or lettered in ink. 44.9. CONTRACTOR shall submit the number of copies required by CONSULTANT. Resubmissions of Shop Drawings shall be made in the same quantity until final approval is obtained. 44.10. CONTRACTOR shall keep one set of Shop Drawings marked with CONSULTANT's approval at the job site at all times. 45. Field Lavout of the Work and Record Drawinos: 45,1, The entire responsibility for establishing and maintaining line and grade in the field lies with CONTRACTOR. CONTRACTOR shall maintain an accurate and precise record of the location and elevation of all pipe lines, conduits, structures, maintenance access structures, handholes, fittings and the like and shall prepare record or "as-built" drawings of the same which are sealed by a Professional Surveyor, CONTRACTOR shall deliver these records in good order to CONSULTANT as the Work is completed. The cost of all such field layout and recording work is included in the prices bid for the appropriate items, All record drawings shall be made on reproducible paper and shall be delivered to CONSULTANT prior to, and as a condition of, final payment. 45.2, CONTRACTOR shall maintain in a safe place at the Project site one record copy of all Drawings, Plans, Specifications, Addenda, written amendments, Change Orders, Field Orders and written interpretations and clarifications in good order and annotated to show all changes made during construction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings shall be available at all times to CONSULTANT for reference. Upon Final Completion of the Project and prior to Final Payment, these record documents, samples and Shop Drawings shall be delivered to the Contract Administrator. BID so: 30-01102 CITY OF MIAMI BEACH DATE: 04122/02 92 45.3. Prior to, and as a condition precedent to Final Payment, CONTRACTOR shall submit to CITY, CONTRACTOR's record drawings or as-built drawings acceptable to CONSULTANT. 46. Safety and Protection: 46.1. CONTRACTQR shi:lii be soieiy re::;ponsible for initiating, maintaining <.-Ind supervising all safety precautions and programs in connection with the Project. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 46,1.1. All employees on the work site and other persons who may be affected thereby; 46.1.2. All the work and all materials or equipment to be incorporated therein, whether in storage on or off the Project site; and 46.1.3. Other property at the Project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements. roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 46,2. CONTRACTOR shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and utilities when prosecution of the work may affect them. All damage, injury or loss to any property referred to in Sections 46,1.2 and 46,1.3 above, caused directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR. CONTRACTOR's duties and responsibilities for the safety and protection of the work shall continue until such time as all the Work is completed and CONSULTANT has issued a notice to CITY and CONTRACTOR that the Work is acceptable except as otherwise provided in Article 29 hereof. 46.3. CONTRACTOR shall designate a responsible member of its organization at the Work site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR'S superintendent unless otherwise designated in writing by CONTRACTOR to CITY. BID NO: 30-01102 CITY OF MIA:\-II BEACH DATE: 04/22/02 93 [Xl47. Final Bill of Materials: CONTRACTOR shall be required to submit to CITY and CONSULTANT a final bill of materials with unit costs for each bid item for supply of materials in place. This shall be an itemized list of 011 motorials with d urlitl,,;ust for each materiai allu the total shall agree with unit costs established for each Contract item, A Final Certificate for Payment cannot be issued by CONSULTANT until CONTRACTOR submits the final bill of materials and CONSULTANT verifies the accuracy of the units of Work. 48. Pavment bv CITY for Tests: Except when otherwise specified in the Contract Documents, the expense of all tests requested by CONSULTANT shall be borne by CITY and performed by a testing firm chosen by CONSULTANT. For road construction projects the procedure for making tests required by CONSULTANT will be in conformance with the most recent edition of the State of Florida, Department of Transportation Standard Specifications for Road and Bridge Construction. The cost of any required test which CONTRACTOR fails shall be paid for by CONTRACTOR. 49. Proiect Sian: Any requirements for a project sign shall be as set forth within the Technical Specifications section, 50. Hurricane Precautions: 50.1. During such periods of time as are designated by the United States Weather Bureau as being a hurricane warning or alert, the CONTRACTOR. at no cost to the CITY, shall take all precautions necessary to secure the Project site in response to all threatened storm events, regardless of whether the CITY or CONSULTANT has given notice of same, 50.2. Compliance with any specific hurricane warning or alert precautions will not constitute additional work. 50.3. Additional work relating to hurricane warning or alert at the Project site will be addressed by a Change Order in accordance with Section 37, General Conditions. 50.4. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the CITY has directed such suspension, will entitle BID NO: 30-01102 CITY OF MIAMI BEACH DATE: 04/22/02 94 the CONTRACTOR to additional Contract Time as noncompensable, excusable delay, and shall not give rise to a claim for compensable delay. 51. Cleanina Up; City's Riqht to Clean Up: CONTRACTOR shall at all times keep the premises free from accumulation of waste materials or iubbish caused by its operations. At the compleiion of (he Project, CONTRACTOR shall remove all its waste materials and rubbish from and about the Project as well as its tools, construction equipment, machinery and surplus materials. If CONTRACTOR fails to clean up during the prosecution of the Work or at the completion of the Work, CITY may do so and the cost thereof shall be charged to CONTRACTOR. If a dispute arises between CONTRACTOR and separate contractors as to their responsibility for cleaning up, CITY may clean up and charge the cost thereof to the contractors responsible therefor as CONSUL TANT shall determine to be just. 52. Removal of Equipment: In case of termination of this Contract before completion for any cause whatever, CONTRACTOR, if notified to do so by CITY, shall promptly remove any part or all of CONTRACTOR's equipment and supplies from the property of CITY, failing which CITY shall have the right to remove such equipment and supplies at the expense of CONTRACTOR. 53, Nondiscrimination. Equal Emplovment Opportunitv. and Americans with Disabilities Act: CONTRACTOR shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. CONTRACTOR shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by CITY, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, CONTRACTOR shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. CONTRACTOR's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. BID NO: 30-01102 DATE: 04122/02 CITY OF MIA'II BEACH 95 CONTRACTOR shall not engage in or commit any discriminatory practice in violation of City of Miami Beach Ordinance No 92.2824 in performing any services pursuant to this Agreement. 54. Proiect Records: CiTY shall have the right to inspeci and copy. at CiTY"s expense, the books and records and accounts of CONTRACTOR which relate in any way to the Project. and to any claim for additional compensation made by CONTRACTOR, and to conduct an audit of the financial and accounting records of CONTRACTOR which relate to the Project and to any claim for additional compensation made by CONTRACTOR. CONTRACTOR shall retain and make available to CITY all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three (3) years following Final Completion of the Project. During the Project and the three (3) year period following Final Completion of the Project, CONTRACTOR shall provide CITY access to its books and records upon seventy-two (72) hours written notice, BID NO: 30~1I02 DATE: 04/22/02 CITY OF '11,0.'11 BEACH 96 00900. SUPPLEMENTARY CONDITIONS: BID ~O: 30-01102 DATE: 04/22/02 CITY OF MIAMI BEACH 97 00920. ADDITIONAL ARTICLES: ( ] 1. Prevailino Waoe Rate Ordinance. This Project is not federally funded. City of Miami Beach Ordinance No, 94-2960 provides that in all non-federally funded construction contracts in excess of one million dollars to which the City of Mi81T1i Beach is a party, the rate of wages and fringe benefits, or cash equivalent, for all laborers, mechanics and apprentices employed by any contractor or subcontractor on the work covered by the contract, shall not be less than the prevailing rate of wages and fringe benefit payments or cash equivalence for similar skills or classifications of work, as established by the Federal Register, in the City of Miami Beach, Florida. The provisions of this Ordinance shall not apply to the following projects: a. water, except water treatment facilities and lift stations; b. sewer, except sewage treatment facilities and lift stations; c. storm drainage; d. road construction, except bridges or structures requiring pilings; and e. beautification projects, which may include resurfacing new curbs, gutters, pavers, sidewalks, landscaping, new lighting, bus shelters, bus benches and signage. [*NOTE: INSERT IF APPLICABLE] [] 2, Federal Grant Proiects: 2.1. By virtue of the fact that the funding of this Project will be delivered in full or in part from the United States government through , federal assurances must follow the grant application in addition to any and all supervening assurances set forth in Rules and Regulations published in Federal Register or CFR. 2.2. Clauses, terms or conditions required by federal grantor agency are hereby attached and made a part of this Project Manual. BID NO: 30-01102 CITY OF MIA\1I BEACH DATE: 04/22/02 98 00922. STATEMENT OF COMPLIANCE (PREVAILING WAGE RATE ORDINANCE NO. 94-2960) No. Project Title Contract No. The undersigned CONTRACTOR hereby swears under penalty of perjury that, during the period covered by the application for payment to which this statement is attached, all mechanics, laborers, and apprentices, employed or working on the site of the Project. have been paid at wage rates, and that the wage rates of payments. contributions, or costs for fringe benefits have not been less than those required by City of Miami Beach Ordinance No. 94-2960 and the applicable conditions of the Contract. The foregoing instrument was acknowledged before me this .20_, by personally known to me or who has produced identification and who did/did not take an oath. day of who is as WITNESS my hand and official seal, this day of ,20_ (NOTARY SEAL) (Signature of person taking acknowledgment) (Name of officer taking acknowledgment) (typed, printed or stamped) (Title or rank) (Serial number, if any) My commission expires: BID NO: 30-01102 DATE: 04/22/02 CITY OF MIAMI BEACH 99 00923. STATEMENT OF COMPLIANCE CDA VIS BACON ACT) No. Contract No. ProjectTiiie The undersigned CONTRACTOR hereby swears under penalty of perjury that, during the period covered by the application for payment to which this statement is attached, all mechanics, laborers, and apprentices, employed or working on the site of the Project, have been paid at wage rates, and that the wage rates of payments, contributions, or costs for fringe benefits have not been less than those required by the Davis Bacon Act and the applicable conditions of the Contract. Dated ,20_ Contractor By: By: (Signature) (Print Name and Title) STATE OF ) ) SS ) COUNTY OF The foregoing instrument was acknowledged before me this , 20_, by personally known to me or who has produced identification and who did/did not take an oath. WITNESS my hand and official seal, this day of day of who is as .20_, (NOTARY SEAL) (Signature of person taking acknowledgment) (Name of officer taking acknowledgment) (typed, printed or stamped) (Title or rank) (Serial number, if any) My commission expires: BID NO: 30-01102 DATE: 04/22/02 CITY OF MIA\II BEACH 100 00925. CERTIFICATE OF SUBSTANTIAL COMPLETION: PROJECT: (name, address) CONSULTANT: BID/CONTRACT NUMBER: TO (CITY): CONTRACTOR: CONTRACT FOR: NOTICE TO PROCEED DATE: DATE OF ISSUANCE: PROJECT OR DESIGNATED PORTION SHALL INCLUDE: The Work performed under this Contract has been reviewed and found to be substantially complete and all documents required to be submitted by CONTRACTOR under the Contract Documents have been received and accepted. The Date of Substantial Completion of the Project or portion thereof designated above is hereby established as which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. DEFINITION OF DATE OF SUBSTANTIAL COMPLETION The Date of Substantial Completion of the Work or portion thereof designated by CITY is the date certified by CONSULTANT when all conditions and requirements of permits and regulatory agencies have been satisfied and the Work, is sufficiently complete in accordance with the Contract Documents, so the Project is available for beneficial occupancy by CITY. A Certificate of Occupancy must be issued for Substantial Completion to be achieved, however, the issuance of a Certificate of Occupancy or the date thereof are not to be determinative of the achievement or date of Substantial Completion. BID NO: 30-01102 DATE: 04122/02 CITY OF MIAMI BEACH ]01 A list of items to be completed or corrected, prepared by CONSULTANT and approved by CITY, is attached hereto. The failure to include any items on such list does not alter the responsibility of CONTRACTOR to complete all work in accordance with the Contract Documents. The date of commencement of warranties for items on the attached list will be the date of final payment unless otherwise agreed in writing. BY DATE CONSUL TANT In accordance with Section 2.2 of the Contract, CONTRACTOR will complete or correct the work on the list of items attached hereto within from the above Date of Substantial Completion, CONSULTANT BY DATE CITY, through the Contract Administrator, accepts the Work or portion thereof designated by CITY as substantially complete and will assume full possession thereof at (time) on (date). City of Miami Beach, Florida By Contract Administrator Date The responsibilities of CITY and CONTRACTOR for security, maintenance, heat, utilities, damage to the work and insurance shall be as follows: BID :'00: 30-01102 DATE: 04/22/02 CITY OF MIAMI BEACH 102 00926. FINAL CERTIFICATE OF PAYMENT: PROJECT: (name, address) CONSULTANT: B!D/CONTRACT NUMBER: TO (CITY): CONTRACTOR: CONTRACT FOR: NOTICE TO PROCEED DATE: DATE OF ISSUANCE: All conditions or requirements of any permits or regulatory agencies have been satisfied. The documents required by Section 5.2 of the Contract, and the final bill of materials, if required, have been received and accepted, The Work required by the Contract Documents has been reviewed and the undersigned certifies that the Work, including minor corrective work, has been completed in accordance with the provision of the Contract Documents and is accepted under the terms and conditions thereof. CONSUL TANT BY DATE CITY, through the Contract Administrator, accepts the work as fully complete and will assume full possession thereof at (time) (date). City of Miami Beach, Florida By Contract Administrator Date BID NO: 30-01/02 DATE: 04/22/02 CITY OF MIAMI BEACH 103 00930. FORM OF FINAL RECEIPT: [The following form will be used to show receipt of final payment for this Contract.) FINAL RECEIPT FOR CONTRACT NO. Received this day of , 20 , from City of Miami Beach, Florida, the sum of Dollars ($ ) as full and final payment to CONTRACTOR for all work and materials for the Project described as: This sum includes full and final payment for all extra work and material and all incidentals. CONTRACTOR hereby indemnifies and releases CITY from all liens and claims whatsoever arising out of the Contract and Project. CONTRACTOR hereby certifies that all persons doing work upon or furnishing materials or supplies for the Project have been paid in full. In lieu of this certification regarding payment for work, materials and supplies, CONTRACTOR may submit a consent of surety to final payment in a form satisfactory to CITY. CONTRACTOR further certifies that all taxes imposed by Chapter 212, F!orida Statutes (Sales and Use Tax Act), as amended, have been paid and discharged. [If incorporated sign below.) CONTRACTOR ATTEST: (Name of Corporation) By: (Signature) (Secretary) (Corporate Seal) (Print Name and Title) _ day of ,20_. F:IA TTOIAGURIAGREEMNTlfrontendlstdfrm .frtend. fnl. doc BID NO: 30-01102 DATE: 04/22/02 CITY OF \11.-\1\11 BEACH 104 [If not incorporated sign below.] WITNESSES: F:IA TTOIAGURIAGREEMN1\frontend\sldfrm. frtend. fnl. doc BID NO: 30-01102 DATE: 04/22/02 CONTRACTOR (Name of Firm) By: (Signature) (Print Name and Title) _ day of ,20_. CITY OF MIAMI BEACH 105 [ ] 00950. DRAWINGS INDEX: N/A BID NO: 30-01102 DATE: 04122/01 CITY OF MIA:\lI BEACH 106 01000. ADDENDA AND MODIFICATIONS: All addenda and other modifications made prior to the time and date of bid opening shall be issued as separate documents identified as changes to the Contract Documents. BID NO: 30-01102 DATE: 04122101 CITY OF :\IIAMI BEACH 107 02000. TECHNICAL SPECIFICATIONS: BID NO. 30-01/02 REPAIR/REPLACEMENT OF THE WEST SIDE SIDEWALK AT THE MIAMI BEACH CONVENTION CENTER ITEM DESCRIPTION: REPLACEMENT OF SIDEWALK Location West Side (Convention Center Drive) South and North of Bus Canopies SDecifications . Demolition and hauling of approximately 20, 000 sq feet of six inch thick concrete sidewalk. . Replace existing expansion joints with new caulk all asphalt impregnated fiber type and include AFCO (or equal) removable expansion joint cap strip (Y2" X Y2"). . Trim roots of palms to a three foot radius by two feet below finish grade, . Caulk all expansion joints. . Install root barrier at each palm tree install root barrier by deep-root. Deep Root Model # UB24-2 (or equal) . Install two bubblers at each tree and palm tree. · Sprinkler system shall be working at completion of project. . Install one light fixture between each set of trees and palm, connecting to existing electrical circuits. Green Lee Model # 300A100MHMF3USGRECRM8S (or equal) . Install approximately 20,000 sq feet of new concrete sidewalk 2500 P.S.1. Grey concrete pattern to match existing. . Seal and paint all concrete to match existing color. . NOTE: On the entrance to ballrooms, all sidewalks will have #4 rebars to withstand heavy equipment. Location: Northeast and Southeast tire exits . There are three areas that need a 16 sq. ft. concrete slab, elevated to level of fire exit door, with a step down to a 17ft. long walkway. New walkway will terminate at existing public sidewalk, and shall be stained to match BID NO: 30-01102 DATE: 04/22/01 CITY OF MIAMI BEACH 108 existing sidewalks. Typical concrete depth will be 4", and need to have appropriate rebar added. In addition, all step down will require handrails accepted by code compliance. Contractor will be responsible for research of handrails. Location East Public Sidewalk IWashinaton Ave.) · 6 sections of public sidewalk need to be replaced. Each section measures approximately 156 sq.ft.,and has a typical depth of 4". Appropriate rebar needs to be added to give the areas added strength, Sections shall be stained to match existing surrounding sidewalks. Location: Northwest Security Gate · Portable security building needs a 100 sq. ft. concrete slab. Area needs to have appropriate rebar, building needs to be leveled, and hurricane straps need to be reattached after building is repositioned, Location Southwest Sidewalk Location: · 2 sections of sidewalk need to be replaced. Each section is approximately 49 sq, ft., and needs to have a typical depth of 4". Jackie Gleason Valet Booth · The valet booth needs a 54 sq, ft. concrete slab, and approximately 100 linear ft. of curbing, Slab needs to have appropriate rebar, needs to be leveled properly, and valet booth needs to be repositioned. General: · Contractor must leave work area clean upon completion of work. · Contractor shall be responsible for any damages to MBCC property. · Contractor is responsible for obtaining all necessary permits. · Contractor must coordinate work with MBCC Engineering department and MBCC event schedule. BID ~O: 30-01102 DATE: 04/22/01 CITY OF \IIAl\-1I BEACH 109 Bond No. BB0522BU GtfAT ANERlC~ INSURt\NCE COMPANY@ Kl'OW ALL MET" BY THESE PRESE~TS. that We. Buade Construction Catpany as principal. and the GRF.~T ..\'fEP.lC.~.' I~Sl'RA"CE CO\II'';\',." .J'i'c',.J"". "\I~llllg U:hic[ L,c ."\\. of th~ State of Ohio. having Its Adminlstratl\e OffiCe at 5&0 Walnut Stre,'!. CI:l,'lnnJtl. 0::", ..~:I):. J' surety. are held ;lnd firmly bound unto. City 0: ~1iarni Beac:-. '-I' . I I . 'lW::> Thousand and 00/100----------------------------------- as 0.. Ig~e. 10 t ]c' rena sum ot DOLLARS (5 2,000.00--- !.lawful mone\ of the CniteJ Stat~s at ArnalCJ. !,.1~ t;l~ )'J\n1c!lt ,It \\1",1:. well and truly to be made. we bind ours~hes. our heirs. executors. adm InlstrJlor,. succ~ssors EJ as"~n' jointly and sewrally. firmly by these rre5~nt'. SIGNED. sealed. an': dated this 22r.c JJ: 1.1! ~'c.y, 2002 WHE REAS, the sal': rnncll'J1 ,;,s :ierewiti: :;tlbr,:t!ln~ ..... ;-;-.:,;:", _"SJJ t\_~~ Repair/Feplacemer:: of ~\est Sice .sice<.,<,-lk at t..'1e : :':"3..-:-.1. 3.e3.C:-. C:::---:e."1L:::-. ;::...--c,..- -- -~. -......... ~OW. THEREFORE. the conditIOn t.'! t:115 ,_'r>ligatlor. I' ~~lr.:~1 . ...1.1. .~' ":J; ,_~ :~ :: .-.. :...:' 1 ,. ... ; 1 J. ~ : ~\o\o;lrJed the SJI": cuntrJ,'1. JnJ shall 11:1'11:1 :-.0 :-.a .: \. _ ~ : ;:':- r ,-. _ -:: \ . . ~ :. _' t : -.. :- ! su.:h award ~ntn into a contract and gl\e bond for the fJith!.:: perforP.lJr:,'c c: the ~0ntrJCt. tll~n tich obligation shall be null and void otherwise the rrincipal and Sllrdy will ra~ untc) t:.,~ oblig~~ t'~e dlffer~n~e in money betwe~n the amount of the rrinclpal"s bid and the Jmount for which the obJige~ 'llJY kg;llly .:ontract with another party to perform the work. if the latter amount be In excess of the f0rm~r: hut ir. no ~vent shall the liability hereunder e.xceed the penal sum hereof. .A By: ~ eke1.::J.........-'" GRIA T A"fERIC-\~ INSlJR.-\~CE CO"IPA~Y )1 " I:!lul~ B, ,...:i0.l~1 ~ luI MichaE-1 Bonc~,~ rr""ItT.in.Facr & Lice.'1sed Florida I<esident Agent F 9~ 16i..18 971 .BID FO~MI GREAT AMERICAN INSURANCE COMPANY Adminiatrldive Office: 580 WALNUT STREET. CINCINNATI. OHIO 45202 . 513-36~5000 . FAX 513-723-2740 The number of persons authorized by 'IW) 1his po_ of atlomey is not more than No,O 17204 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and exiSbng ~ and by virtue of the laws of the State of OhiO, does hereby nominate. constitute and appotnt the person or persons named below ,ts true and lawful attomey-in-fact. for it and in its name, place and stead to execute In behalf of the said Company. as surety. any and all bonds. undertakings and contracts of suretyship. or other wntten obligations in the nature thereof: for all obligees 'ncludlng any and all consents reqUired by the Oeparlment of Transportation. State of Florida. incident to the release of retained percentages andior hnal estimates: provided that the liability oj the said Company on any such bond. undertaking or contract of suretyship executed under this autl1cn'v shal' ~", exceed the limIt stalp-d bPI~'" Name Address Both of Miami, Florida umlt of Power ooth un1i"".ited Michael Bonet Karen Lynn Debardas thiS Power of Attomey revokes all previous powers ISSUed in behalf of the anomey(sl-in.fac! namec above IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by ,ts appropriate officElrs and its corporate seal hereunto allixed this 4th day of :'arch 2002 Attest GREAT AMERICAN INSURANCE COMPANY DO:.JGL,AS R BOWEN '513.369.38111 STATE OF OHIO. COUNTY OF HAMILTON. ss: On this day of Defore me persona,'\ acceared DOUGLAS ". BOWEN. to nne ~nown. being duly sworn. deposes and says that he reSides in C,ncinnat:. OhiO. that he IS the D,VIS::na' SenIor '/Ice PreSident :: the Bona :J,vIslcn :t Great American Insurance COrT'cany. the Company described in and which execu~ej the abov~ InS.~...~ert: ~h3! he kno.....s :I:e sear:' :he sa': C~mpany: that the seal affixed to:he said instrument:s such corporate seal: that rt was so affjxec :". a;jtrcr;r~.:.1 ....IS oHice ",,!:.Jer me B~.~a^s :" sa,d Company, and that he signee hiS name thereto bv lIke authonty. This Power of Attorney IS granted by authonty of the following resolutions acopted Dy the Boare cl Directors of Great Amencan Insurance Company by unanimous written consent dated March 1. 1993. RESOLVED: That the Division President. the several Division Vice Presidents and AsSistant Vice Pres,dents, or anv one of them, be and hereby is authorized. from time to time. to appoint one or more Attomeys-in-Fact to execute on beha~ of the Company. as surety. any and all bonds. undertakings and contracts of suretyship. or other written obligations in the nature thereof: to prescribe their respective duties and the respective limits of their authority: and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certIficate of either given for the execution of any bond. undertaking, contract or suretyship, or other written obligation in the nature thereof. such signature and seal when so used being hereby adopted oy the Company as the original signature of such ollicer and the original seal of the Company. to be valid and bInding upon the Company with the same force and effect as though manually affixed. CERTIFICATION l. RONALD C, HAYES, Assistant Secretary of Great Amencan Insurance Company. do hereby certify that the foregoing Power ot Attorney and the Resolutions of the Board of Directors of March 1. 1993 have not been revoked and are now In full force and effect. Signed and sealed this -') 2-t,i day of tv! ""Ii . ..:.;.::. J S ..5" 'Q3(()'l Assistant Secretary 03000 BID PROPOSAL FORM BID NO. 30.01/02 REPAIR/REPLACEMENT OF THE WEST SIDE SIDEWALK AT THE MIAMI BEACH CONVENTION CENTER (BID FORM) We propose to fumish all labor, machinery, tools, means of transportation. supplies. equipment, materials, services necessary for the demolition. replacement, repair and hauling of approximately 20,000 sq feet of SIX inch thick concrete Sidewalk Replace existing expansion joints with new caulk all asphalt impregnated fiber type and Include removable expansion jOints cap strips. AdditIOnally, the valet booth at the JacKie Gleason needs a 54 sq, ft. concrete slab, and approximately 100 linear ft of curDing Slab needs to have appropriate rebar, be leveled properly. and valet booth needs to :e repositioned. All other work indicated on the Technical Specifications Section 02000 c: the bid document. Lump Sum: $~OI(X)O Qu& \Ov'l~ ~~v\.~C1 L& Written Arno nt o t.e .u.u~cA("e& Should the MBCC require additional Sidewalk Concrete Repa,- Rep:acement.vork. ~:: identified in these bid specifications, we propose to furnish all 'abor and materials l..~: December 31,2002 in accordance with the follo'.\,ng rates: Hourly Labor Rate: $ W .::s Cost of Materials Plus: \'5 % FIRM'S NAME (Pr& D' ~~lQ ('CIV:;-tr d, 0.) SIGNATURE:~ T1TLElPRINT~ 0t'..::l C' ::::B r& ADDRESS: .- -~~ \'1(0 I 8..D \""36 f1uE TELEPHONE NUMBER: 5C:f> ~ 5d Sb FAX: 205 d."3>l.\ SS 'S'1 BID NO: 30-01102 DATE: 04/22/01 CITY OF MIAMI BEACH 110 04000. ACKNOWLEDGEMENT OF ADDENDA Invitation for Bid No. 30-01102 Directions: Complete Part I or Part 1:, whichever applies. Part I: Listed below are the dates of issue for each Addencum received in connection with this Bid: Addendum No.1, Dated ~\d~\O~ '5 \ \'0 \07- S\\1 \O~ t) ~\ (; J.. Addendum No.2, Dated Addendum No, 3. Dated Addendum No.4, Dated Addendum No,S, Dated Part II: No addendum ....as recelvec in connectlO'i ....,:r, thiS Bid. Venfied with Procurement staff Name of Staff Date Bidders- Name Date Signature BID SO: 30-01/02 DATE: 04/22/01 CITY OF MIA~lI BEACH III 05000. CUSTOMER REFERENCE LISTING BID NO. 30-01/02 REPAIR/REPLACEMENT OF THE WEST SIDE SIDEWALK AT THE MIAMI BEACH CONVENTION CENTER CUSTOMER REFERENCE L1S'rlNG Contractor's shall fumish the names. addresses, and telephone numbers of a ....,nlmum of eight (8) firms or government organizations for which the Contractor is :"mently furnishing or has furnished, similar services. Minimum Requirements: Prcs~ectlve Bidder (General Contractor) must have minimum of 5 years experience In ;:'ovidlng sidewalk replacement and repair work for Single projects of seventy-five :-ousand ($75,000,00) or higher in construction work. Contract Will te awarded to a 3eneral Contractor with the required Iicense(s) to pull the permlt(sl and complete t:e entire scope of the work. 1 ) Company Name J) e f S Address l.\l-\~ s,1....'::' be, 'Pce- Contact Person/Contract Amount ~ (' C"I""\C, -.; v":'- 0\0<:.\:::' Telephone Number C\qS '" ~ 'SU 2) Company Name "Dc. 'P S 30'::>0 lJ~ 3S ~ Address Contact PersonlContract Amount "30c,-, Sc,\\ ~c.,~ Telephone Number q<; S 'l-\b ~ l.o ~O 0 0 l~ o~ Stl'\'-~ m~c.m\ 'S"7 0 I S-....> 'S~ i'L 3) Company Name Address Contact Person/Contract Amount Or \Cl..luO m<=<(+,~e..1... Telephone Number ~~~ b'" ~( BID NO: 30-01/02 DATE: 04/22/01 CITY OF \!LA\!I BEACH 112 4) Company Name ~\02-.J ~~o Address We...~ ~c...~ \~ <:).- Contact Person/Contract Amount ~\CCl. 'Qc.N\O~ Telephone Number 5) Company Name Oc. ~ ~C:U\-t- C G.c-e,. \ 7 d..~O CS-...0 \'3>( Ave, Address Contact Person/Contract Amount me, \.:::.. \-.. v,?€.. L. Telephone Number 2.. 'SS ~ ~ ~ ~ 6) Company Name 'Ve(" \='~~~~~.:/~\,,-,"," ~ ~J'j s\,()~ Address <::''\OC "Sw d-.'-\ ~ Contact Person/Contract Amount ~ C( \IJ C;:, \-tlt.I vC~ (Y,.. C Telephone Number 7) Company Name Dc:..1> S Address ~ L\l\ 'l....{ lJw \ 'i ") ~ Contact Person/Contract Amoun: Gfe (, ~P1rrc^-.J Telephone Number 8) Company Name Address Contact Person/Contract Amount Telephone Number BID NO: 30-01102 DATE: 04/22/01 CITY OF MIA\lI BEACH 113 U.:S. t"V:tI"'U~ PAID MIAMI, FL PERMIT NO. 231 361901-) ~~"r6NflRUOCTION COMPANY INC l~I~l e=IN 8A~lECOUNTY gU:SE CONSTRUCTIUN COMPANY INC i9'6"G~NERAt BUILDING CONTRACTOR ~ t$.... 0CC\lPA~ ~ 0fa,.'I'. IT eoa, to RflIff YMa _ ~~_ "~w:J::"_ ...- olll" - ". c::v ~ "'11. IfIOIIt ~ f"""'" UCEMK )~~o:..o IT IiIn.s.IIIOTA olilTJII'IC.A,1'IC* 01 THE ~E...,"S ~A' . DUPLICATE UCENSE NO. ST A T~1 ~t~fo ~8258 \ \.. v WORKERS 2 r \.) ,"- ',v ....\. DO NOT FORWARD BUADE CONSTRUCTION COMPANY JUAN C BUAOE PReS 19101 SW 136 AVE MlAMI fL 33171 INC 'v C't ....NT ucaMD .1o-.OADE cOUNT'f TAl ....CT"" 12/21/200~ 020100 6001 OOOOO().~O SEE OTHER SIDE , I 1'1 I II II l, 'I' I II II 11'1., ,II,,, 1,1" I!I I, IIIl !I !"!I' i ,,!! ! I Ii 1111 Hit . .. . ~ :11 0124464 STATE OF FLORIDA DBPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONST INDUSTRY LICENSING BOARD SEQ# 01082201032 08 2001 01900327 B -0005159 The BUSINESS ORGANIZATION Named below IS QUALIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2003 (THIS IS NOT A LICENSE TO PERFORM WORK. THIS ALLOWS THE COMPANY TO DO BUSINESS ONLY IF IT HAS A QUALIFIER,) BUADE CONSTRUCTION COMPANY INC 9832 SW 145TH CT MIAMI FL 33186 JBB BUSH ".~ ....."'-"~ _.. ~_.__ - - - - - - - - _.- - -.. ~.- - - - - - - - - -, ",'--_.~.'~ .~, - - - - - - - - . ..---...-....------~---.- ..- - '~_""'-4'-.'~-'-." __ ..- . " ..~...... ...._'_ ,__' _ ,,-.... .......Q'"'7!:..l"?-. '....'.>,:. ~:~~~ '.' STATE Op' ~ ' ..."u....~,.'.., .' _H"~ ~',",: ,~~..:.-:.. . " ':'. . .') t:' v h:.~t;'-,~- .', . '.. ':;" ...,,~<.~; ',"<. #' " '~. -It~ n.,.->'~:-- .., < '. . .,~:..~<:~~Jt"!lL'.1iP4:B!'SIJIEU:O~Q' ',.. '<.~.~~;. ..,~ '''' ..,.'-~. - ",..~~~T,''f:t!l~fJt -~~..w " '..:'" -:;-. '.&"'K~ ~ '!' ..'.....t"'":;,....n .--t. -'"J .,'ii'.,.... .. ..~ ~." ....-:_~~:. ~~ '1:' , . ~. ~ "":'-~ ~ ..~J~~~~_ ~'_ . =-=- ~_- ~ ....., .~: .. .~ .,.-.... =~i ~~.~~'!.:~J~., ~~ ADE. JUAN CARLOS AOe CONSTRUCTION.COMPANY tNe 177 SW 131 AVE R-331.46 AfIIlI . .. -:-:~_ -i'..T-= ~~~~"" - "":'_ Ji!- ~ ~~ ',- ~ ~.2~- JFB 6USH -:; OV: ~ \fOR DISPLAY AS REQUIRED 8Y LAW ~_"'i'- :w-_-;.; - ",' .- CnfTHU-:..' HENt>ERSOfrt SECRETARY ;>~; ;fJ '"~ f~ ~c~ DIVISION 3. LOBBYISTS Sec. 2-481. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Advisory personnel means the members of those city boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the City commissioners. Autonomous personnel includes but is not limited to the members of the housing authority, personnel board, pension boards, and such other autonomous or semi-autonomous authorities, boards and agencies as are entrusted with the day-to-day policy setting, operation and management of certain defined functions or areas of responsibility. Commissioners means the mayor and members of the City commission. Departmental personnel means the City manager, all assistant City managers, all department heads, the City attorney, chief deputy City attorney and all assistant City attorneys; however, all departmental personnel when acting in connection with administrative hearings shall not be included for purposes of this division, Lobbyist means all persons employed or retained, whether paid or not, by a principal who seeks to encourage the passage, defeat or modification of any ordinance, resolution, action or decision of any commissioner: any action, decision, recommendation of any City board or committee; or any action, decision or recommendation of any personnel defined in any manner in this section, during the time period of the entire decision-making process on such action, decision or recommendation that foreseeably will be heard or reviewed by the City commission, or a City board or committee. The term specifically includes the principal as well as any agent, attorney, officer or employee of a principal, regardless of whether such lobbying activities fall within the normal scope of employment of such agent, attorney, officer or employee. Quasi-judicial personnel means the members of the planning board, the board of adjustment and such other boards and agencies of the City that perform such quasi-judicial functions. The nuisance abatement board, special master hearings and administrative hearings shall not be included for purposes of this division. (Ord. No. 92-2777, H 1, 2, 3-4-92; Ord. No. 92-2785, ~ ~ 1, 2, 6-17-92) Cross reference(s)--Definitions generally, ~ 1-2. BID NO: 30-01102 DATE: 04/22/01 CITY or MIAMI BEACH 114 Sec. 2-482. Registration. (a) All lobbyists shall, before engaging in any lobbying activities, register with the City clerk. Every person required to register shall register on forms prepared by the clerk, pay a registration fee as specified in appendix A and state under oath: (1) His name; (2) His business address; (3) The name and business address of each person or entity which has employed the registrant to lobby; (4) The commissioner or personnel sought to be lobbied; and (5) The specific issue on which he has been employed to lobby. (b) Any change to any information originally filed, or any additional City commissioner or personnel who are also sought to be lobbied shall require that the lobbyist file an amendment to the registration forms, although no additional fee shall be required for such amendment. The lobbyist has a continuing duty to supply information and amend the forms filed throughout the period for which the lobbying occurs. (c) If the lobbyist represents a corporation, partnership or trust, the chief officer, partner or beneficiary shall also be identified, Without limiting the foregoing, the lobbyist shall also identify all persons holding, directly or indirectly, a five percent or more ownership interest in such corporation, partnership, or trust. (d) Separate registration shall be required for each principal represented on each specific issue. Such issue shall be described with as much detail as is practical, including but not limited to a specific description where applicable of a pending request for a proposal, invitation to bid, or public hearing number. The City clerk shall reject any registration statement not providing a description of the specific issue on which such lobbyist has been employed to lobby. (e) Each person who withdraws as a lobbyist for a particular client shall file an appropriate notice of withdrawal. (f) In addition to the registration fee required in subsection (a) of this section, registration of all lobbyists shall be required prior to October 1 of every even-numbered year; and the fee for biennial registration shall be as specified in appendix A. (g) In addition to the matters addressed above. every registrant shall be required to state the extent of any business, financial, familial or professional relationship, or other relationship giving rise to an appearance of an impropriety, with any current City commissioner or personnel who is sought to be lobbied as identified on the lobbyist registration form filed. (h) The registration fees required by subsections (a) and (f) of this section shall be deposited by the clerk into a separate account and shall be expended only to cover the costs incurred in administering the provisions of this division. There shall be no fee required for filing a notice of withdrawal, and the City manager shall waive the registration fee upon a finding of financial hardship, based upon a sworn statement of the applicant. Any person who only appears as a representative of a nonprofit corporation or entity (such as a charitable organization, a neighborhood or homeowner association, a local chamber of commerce or a trade association or trade union). without special compensation or reimbursement for the appearance, whether direct, indirect or contingent, to BID NO: 30-01/02 DATE: 04/22/01 CITY Of MIA\II BEACH 115 express support of or opposition to any item, shall not be required to register with the clerk as required by this section. Copies of registration forms shall be furnished to each commissioner or other personnel named on the forms. (Ord. No. 92-2777, ~ 3,3-4-92; Ord. No. 92-2785, ~ 3,6-17-92) Sec. 2-483. Exceptions to registration. (a) Any public officer, employee or appointee or any person or entity in contractual privity with the City who only appears in his official capacity shall not be required to register as a lobbyist. (b) Any person who only appears in his individual capacity at a public hearing before the city commission, planning board, board of adjustment, or other board or committee and has no other communication with the personnel defined in section 2-481, for the purpose of self-representation without compensation or reimbursement, whether direct, indirect or contingent, to express support of or opposition to any item, shall not be required to register as a lobbyist, including but not limited to those who are members of homeowner or neighborhood associations. All speakers shall, however, sign up on forms av~ilable at the public hearing. Additionally, any person requested to appear before any city personnel, board or commission, or any person compelled to answer for or appealing a code violation, a nuisance abatement board hearing, a special master hearing or an administrative hearing shall not be required to register, nor shall any agent, attorney, officer or employee of such person, (Ord, No. 92-2777, ~ B 4,5,3-4-92; Ord. No, 92-2785, ~ ~ 4,5,6-17-92) Sec. 2-484. Sign-in logs. In addition to the registration requirements addressed above, all city departments, including the offices of the mayor and city commission, the offices of the city manager, and the offices of the city attorney, shall maintain signed sign-in logs for all noncity employees or personnel for registration when they meet with any personnel as defined in section 2-481. (Ord, No, 92-2785, ~ 6,6-17-92) Sec. 2-485. list of expenditures. (a) On October 1 of each year, lobbyists shall submit to the city clerk a signed statement under oath listing all lobbying expenditures in the city for the preceding calendar year. A statement shall be filed even if there have been no expenditures during the reporting period. (b) The city clerk shall publish logs on a quarterly and annual basis reflecting the lobbyist registrations filed. All logs required by this section shall be prepared in a manner substantially similar to the logs prepared for the state legislature pursuant to F .S.. 11.0045. (c) All members of the city commission and all city personnel shall be diligent to ascertain whether persons required to register pursuant to this section have complied with the requirements of this division. Commissioners or city personnel may not knowingly permit themselves to be lobbied by a person who is not BID NO: 30-01102 DATE: 04/22/01 CITY OF MIAMI BEACH 116 registered pursuant to this section to lobby the commissioner or the relevant committee, board or city personnel. (d) The city attomey shall investigate any persons engaged in lobbying activities who are reported to be in violation of this division. The city attorney shall report the results of the investigation to the city commission. Any alleged violator shall also receive the results of any investigation and shall have the opportunity to rebut the findings, if necessary, and submit any written material in defense to the city commission. The city commission may reprimand, censure, suspend or prohibit such person from lobbying before the commission or any committee, board or personnel of the city. (Ord. No. 92-2777, ~ 6,3-4-92; Ord. No. 92-2785, ~ 7,6-17-92) BID NO: 30-01102 DATE: 04/22/01 CITY OF MIAMI BEACH 117 DIVISION 4. PROCUREMENT Sec. 2-486. Cone of silence. (a) Contracts for the provision of goods, services, and construction projects other than audit contracts. (1) Definition. "Cone of silence" is hereby defined to mean a prohibition on: (a) any communication regarding a particular request for proposal ("RFP"), request for qualifications ("RFQ"), request for letters of interest ("RFU"), or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and the city's administrative staff including, but not limited to, the city manager and his or her staff; (b) any communication regarding a particular RFP, RFQ, RFU, or bid between the mayor, city commissioners, or their respective staffs, and any member of the city's administrative staff including, but not limited to, the city manager and his or her staff; (c) any communication regarding a particular RFP, RFQ, RFU, or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and any member of a city evaluation and/or selection committee; and (d) any communication regarding a particular RFP, RFQ, RFLI or bid between the mayor, city commissioners or their respective staffs and any member of a city evaluation and/or selection committee, Notwithstanding the foregoing, the cone of silence shall not apply to competitive processes for the award of CDBG, HOME, SHIP and Surtax Funds administered by the city office of community development, and communications with the city attorney and his or her staff. (2) Procedure. a. A cone of silence shall be imposed upon each RFP, RFQ, RFU, and bid after the advertisement of said RFP, RFQ, RFU, or bid, At the time of imposition of the cone of silence, the city manager or his or her designee shall provide for public notice of the cone of silence. The city manager shall include in any publiC solicitation for goods and services a statement disclosing the requirements of this division, b. The cone of silence shall terminate (i) at the time the city manager makes his or her written recommendation as to selection of a particular RFP, RFQ, RFU, or bid to the city commission, and said RFP, RFQ, RFLI, or bid is awarded; provided, however, that following the manager making his or her written recommendation, the cone of silence shall be lifted as relates to communications between the mayor and members of the commission and the city manager; providing further if the city commission refers the manager's recommendation back to the city manager or staff for further review, the cone of silence shall continue until such time as the manager makes a subsequent written recommendation, and the particular RFP, RFQ, RFLI, or bid is awarded or (ii) in the event of contracts for less than $25,000.00 when the city manager executes the contract. (3) Exceptions. The provisions of this section shall not apply to: (a) oral communications at pre-bid conferences; (b) oral presentations before evaluation committees; (c) contract discussions during any duly noticed public meeting: (d) public BID so: 30-01/02 DATE: 04/22/01 CITY OF Ml.nn BEACH 118 presentations made to the city commissioners during any duly noticed public meeting; (e) contract negotiations with city staff following the award of an RFP, RFQ, RFU, or bid by the city commission; or (1) communications in writing at any time with any city employee, official or member of the city commission, unless specifically prohibited by the applicable RFP, RFQ, RFU, or bid documents; or (g) city commission meeting agenda review meetings between the city manager and the mayor and individual city commissioners where such matters are scheduled for consideration at the next commission meeting. The bidder, proposer, vendor, service provider, lobbyist, or consultant shall file a copy of any written communications with the city clerk. The city clerk shall make copies available to any person upon request. (b) Audit contracts. (1) "Cone of silence" is hereby defined to mean a prohibition on: (a) any communications regarding a particular RFP, RFQ, RFU, or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and the mayor, city commissioners or their respective staffs, and any member of the city's administrative staff including, but not limited to the city manager and his or her staff, (b) any oral communication regarding a particular RFP, RFQ, RFU, or bid between the mayor, city commissioners or their respective staffs and any member of the city's administrative staff including, but not limited to, the city manager and his or her staff; and (c) any communication regarding a particular RFP, RFQ, RFU, or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and any member of a city evaluation and/or selection committee; and (d) any communication regarding a particular RFP, RFQ or bid between the mayor, city commissioners or their respective staffs and any member of a city evaluation and/or selection committee, Notwithstanding the foregoing, the cone of silence shall not apply to communications with the city attorney and his or her staff, (2) Except as provided in subsections (b)(3) and (b)(4) hereof, a cone of silence shall be imposed upon each RFP, RFQ, RFLI, or bid for audit services after the advertisement of said RFP, RFQ, RFU, or bid, At the time of the imposition of the cone of silence, the city manager or his or her designee shall provide for the public notice of the cone of silence. The cone of silence shall terminate (a) at the time the city manager makes his or her written recommendation as to selection of a particular RFP, RFQ, RFU, or bid to the city commission, and said RFP, RFQ. RFLI, or bid is awarded; provided, however, that following the manager making his or her written recommendation, the cone of silence shall be lifted as relates to communications between the mayor and members of the commission and the city manager; providing further if the city commission refers the manager's recommendation back to the city manager or staff for further review, the cone of silence shall continue until such time as the manager makes a subsequent written recommendation, and the particular RFP, RFQ, RFLI, or bid is awarded or (b) in the event of contracts for less than $25,000,00 when the city manager executes the contract. (3) Nothing contained herein shall prohibit any bidder, proposer, vendor, service provider, lobbyist, or consultant (a) from making public presentations at duly noticed pre-bid conferences or before duly noticed evaluation committee meetings; (b) from engaging in contract discussions during any duly noticed BID NO: 30-01102 DATE: 04122/01 CITY OF \IIAMI BEACH 119 public meeting; (c) from engaging in contract negotiations with city staff following the award of an RFP, RFQ, RFU, or bid for audit by the city commission; or (d) from communicating in writing with any city employee or official for purposes of seeking clarification or additional information from the city or responding to the city's request for clarification or additional information, subject to the provisions of the applicable RFP, RFQ, RFU, or bid documents. The bidder or proposer etc. shall file a copy of any written communication with the city clerk. The city clerk shall make copies available to the general public upon request. (4) Nothing contained herein shall prohibit any lobbyist, bidder, proposer, vendor, service provider, consultant, or other person or entity from publicly addressing the city commissioners during any duly noticed public meeting regarding action on any audit contract. The city manager shall include in any public solicitation for auditing services a statement disclosing the requirements of this division. (c) Violations/penalties and procedures. A violation of this section by a particular bidder, proposer. vendor, service provider, lobbyist, or consultant shall subject said bidder, proposer, vendor, service provider, lobbyist, or consultant to the same procedures set forth in Division 5, entitled "Debarment of Contractors from City Work" shall render any RFP award, RFQ award, RFU award, or bid award to said bidder, proposer, vendor, service provider, bidder, lobbyist, or consultant void; and said bidder, proposer, vendor, service provider, lobbyist. or consultant shall not be considered for any RFP, RFQ, RFU or bid for a contract for the provision of goods or services for a period of one year, Any person who violates a provision of this division shall be prohibited from serving on a city evaluation and/or selection committee. In addition to any other penalty provided by law, violation of any provision of this division by a city employee shall subject said employee to disciplinary action up to and including dismissal. Additionally, any person who has personal knowledge of a violation of this division shall report such violation to the city attorney's office or state attorney's office and/or may file a complaint with the county ethics commission. (Ord. No. 99-3164, ~ 1, 1-6-99; Ord. No. 2001-3295, ~ 1, 3-14-01) BID NO: 30-01/02 DATE: 04/22101 CITY OF MIAMI BEACH 120 RESOLUTION NO. 2000-23879 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH REQUIRING THAT CONTRACTORS ADOPT A CODE OF BUSINESS ETIDCS PRIOR TO ENTERING INTO A CONTRACI' WITH THE CITY OF MIAMI BEACH WHEREAS, the Greater Miami Chamber of Commerce ("GMCC'") adopted a Model Code of Business Ethics (the "Model Code"); and WHEREAS, the City of Miami Beach is a member of the GMCC; and WHEREAS, the Model Code, attached hereto as Exhibit A, is a statement of principles to help gUide decisions and actions based on respect for the importance of ethical business standards in the community; and WHEREAS, the GMCC encourages its members to adopt the principles and practices outlined in the Model Code; and WHEREAS, the Commission believes that each entity which does business with the City of Miami Beach should be required, as a condition of doing business with the COWlty to adopt a Code of Business Ethics. NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. Each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the City Manager or his or her designee prior to execution of any contract between the contractor and the City, The Code of Business shall, at a minimum, require the contractor to comply with all applicable governmental rules and regulations including, among others. the conflict of interest, lobbying and ethics provisions of the City Code. Section 2. The Commission urges the Greater Miami Chamber of Commerce to require that all of its members adopt the Model Code of Business Ethics. Section 3. adoption. This resolution shall become effective immediately upon its BID NO: 30-01/02 DATE: 04122101 CITY OF !\flA!\fl BEACH 121 PASSED and ADOPTED this 12th dayof April 2000 A TIEST: BID NO: 30~1I02 DATE: 04122/01 1/LYOR APPFiOYED AS TO FC' RM a LANGUAC,": . FOR EXECUTIO, . -1 {lJiJJf III y- 7rV , CITY OF MIA:\Il BEACH 122 GREATER MIAMI CHAMBER OF COMMERCE MODEL CODE OF BUSINESS ETHICS STATEMENT OF PURPOSE The Greater Miami Chamber of Comme.ce ("GMCC") seeks to create and sustain an ethical business cfmate for its members and the community by adopting a Code of Business Ethics. The GMCC encourages its members to incO! pOI ate the principles and praclices outlined here in lheir indi"lduaj codes of elhic$ which will guide Iheir relationships wilh cuslomers. clienls and suppliers. This Mod,1 Code can and should be prominently displayed al all business localions and may be incorpolaled into marketing materials. The GMCC believes thai its members should use this Code as a mode! ror the development or their organizations' business codes or ethics. This Model Code is 0 slIlIemenl of pnnCI~'es to help Quide decisions aIId OC1l0ns besed on respect fcr the ,",potlence 01 elhlcol bus,ness slendord. In the community. ,he GMCC belle"es lIle 6dop~on 01 0 meonlngfu' code of.,hics is lIleresponSlbolily 01 every business e'ld p,ofesSlonoJ orgol1l'OIIOo. ComDlilnce with Government Rules & Reoulations We will properly maintain all records and post all licenses and certificates in prominent places easily seen by our employees and customers, In dealing with government agencies and employees. we will conduct business in accordance with all apprca~le rules and regulations and in the open; We will report contract irr~ularities and other improper or unlawful business practices to the E:hlcs Commission. the Office or Inspector General or appropriate law en!orceme.,~ authorities. Recruitment. Selection & Comeensation or Vendors and SueDliers We will avoid conflicts or icterest and disclose suc,' conflicts when identified; Gifts which compromise lhe inlegrrty or a business Irao,saction are unacceplable, we will not ~ic~ back any po"ion of a contract payment to employees cf the other contracting party or accept such a kickback . Business Accountino All our financial tra"sactiors will be properly and (a,rly recorded in a;:propnate books of account. and t~e'e will be no "off th~ =::cks" trar:sactrO:1S or secre~ accounts, Promotion and Sales of Products and Ser'/ices Our products will comply we:;, all applicable sarety and quality standards; We will promole and advert:sc our bUSiness and Its products er services in a manner which is not misleading and does net ralsely disparage our competitors; OoinQ Business with the Government BID NO: 30-01102 DATE: 04/22/01 CITY OF MIAMI BEACH 123 w. win conduct business with govemment agencies and employees in a manner which avoids even the appearance of impropriety. Efforts to curry political flvoritism Ire unacceptable; Our bids will be competitive, appropriate to the bid documents and arrived at independenlly; Any challenges to contra~s awarded wilt have a substantive baSIS and not be pursued merely because we are the unsuccessful bidder; We will, to the best of our ability, perform government conuacts awarted at the prie. and under the terms provided lor in the contract. We will not subr:-,l i~nated invoices lor goods provided or services performed under such contracts. and claims will be made only lor work actually performed, We will abide by all contracting and subcontracting regulations. We will not, directly or indirectly, offer to give a bribe or otherwise channel kickbacks from contracts awarded, to government officials, their family members or business associates. We will not seek or expect preferential treatment on bids based ~n our participation in political campaigns, Public Life and Political Cameaians BID SO: 30-01102 DATE: 04/22/01 We encourage all employees to participate in commur.ity lire, pub.ic se"'i.ce and the political process; We encourage all employees to recruit. support and elect ethical a ~d ('Jafilied public officials and engage them in dialogue and debate about ousness and community issues; Our contributions to po!iticaf parties. com~itlees or mc,vidua:s viii or.:y be made in accordance with applicable law and will comply With all recuiremer.ts for public disclosure. All contributlons made on behalf of the buslr.ess must be re;:rted to senior company mOlnagement; We will not contribute to the campaigns of persons wno are cow'c:e~ 'eons or those who do not sign the Fair Campaign Practices O,d:nance. We will not knowmgly disseminate false campaign information or s";:;:o'1 those who do. Company Name Corporate Officer Date CITY OF MIAMI BEACH 124 ORDINANCE NO 2000-3234 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, ENTITLED "PROCUREMENT", BY CREATING DIVISION 5, ENTITLED "DEBARMENT", SECTIONS 2-397 THROUGH 2-406 OF THE ceDE OF THE CITY OF MIAMI BEACH, FLORiDA, PROVIDING FOR DEBARMENT OF CONTRACTORS FROM CITY WORK; PROVIDING FOR SEVERABILITY; CODIFICATION; REPEALER; AND AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Miami Beach City Code, Chapter 2, entitled "Administration", Article VI, entitled "Procurement", is hereby amended by adding the following Division 5, entitled - "Debarment of Contractors from City Work" reading as follows: Division 5. Debarment of contractors from City work. Section 2-397. Purpose of debarment. (a) The City shall solicit offers from, award contracts to, and consent to subcontractors with responsible contractors only: To effectuate this police, the debarment of contractors from City work may be undertaken. (b) The serious nature of debarment requires that this sanction be imposed only when it is in the public interest for the City's protection. and not for purposes of punishment. Debarment shall be imposed in accordance with the procedures contained in this ordinance. Section 2-398. Definitions. (a) Affiliates. Business concerns. organizations, lobbyists or other individuals are affiliates of each other if, directly or indirectly. (I) either one controls or has the power to control the other, or (ii) a third part controls or has the power to control both. Indicia of control include, but are not limited to. a fiduciary relation which results from the manifestation of consent by one individual to another that the other shall act on his behalf and subject to his control, and consent by the other so to act; interlocking management or ownership; identity of interests among family members; shared facilities and equipment; common use of employees; or a business entity organized by a debarred entity, individual, or affiliate following debarment of a contractor that has the same or similar management, ownership, or principal employees as the contractor that was debarred or suspended. BID NO: 30-01102 DATE: 04/22/01 CITY OF MIAMI BEACH 125 (b) Civil judgment means a judgment or finding of a civil offense by any court of competent jurisdiction. (c) Contractor means any individual or other legal entity that: (1) Directly or indirectly (e.g. through an affiliate). submits offers for is awarded" or reasonably may be expected to submit offers or be awarded a City contract, including, but not limited to vendors, suppliers, providers; Bidders, Proposers. consultants, and/or design professionals, or (2) Conducts business or reasonable man be expected to conduct business. with the City as an agent" representative or subcontractor of another contractor. (d) Conviction means a judgement or conviction of a criminal offense. be it a felony or misdemeanor, by any court of competent jurisdiction. whether entered upon a verdict or a plea. and includes a conviction entered upon a plea of nolo contendere. (e) Debarment means action taken by the Debarment Committee to exclude a contractor (and. in limited instances specified in this ordinance. a Bidder or Proposer from City contracting and City approved subcontracting for a reasonable, specified period as provided in subsection 0) below: a contractor so excluded is debarred. (f) Debarment Committee means a group of seven (7) individual members. each appointed by the Mayor and individual City Commissioners, to evaluate and. if warranted. to impose debarment, (g) Preponderance Greater weight of the evidence means proof by information that, compared with that opposing it . leads to the conclusion that the fact at issue is more probably true than not. (h) Indictment means indictment for a criminal offense. An information or other filing by competent authority charging a criminal offense shall be given the same effect as an indictment. (I) Legal proceeding means any civil judicial proceeding to which the City is a party or any criminal proceeding. The term includes appeals from such proceedings. 0) List of debarred contractors means a list compiled, maintained and distributed by the CityCs Procurement Office. containing the names of contractors debarred under the procedures of this ordinance. Section 2-399. List of debarred contractors. (a) The City's Procurement Office. is the agency charged with the implementation of this ordinance shall: BID NO: 30-01102 DATE: 04/22/01 CITY OF MIAMI BEACH 126 (1) Compile and maintain a current. consolidated list (List) of all contractors debarred by City departments, Such List shall be public record and shall be available for public inspection and dissemination; (2) Periodically revise and distribute the List and issue supplements, if necessary, to all departments. to the Office of the City Manager and to the Mayor and City Commissioners: and (3) Included in the List shall be the name and telephone number of the City official responsible for its maintenance and distribution. (b) The List shall indicate: (1) The names and addresses of all contractors debarred. in alphabetical order; (2) The name of the department that recommends initiation of the debarment action; (3) The cause for the debarment action, as is further described herein. or other statutory or regulatory authority; (4) The effect of the debarment action: (5) The termination date for each listing; (6) The contractor's certificate of competence or license number, when applicable; (7) The person through whom the contractor is qualified, when applicable; (8) The name and telephone number of the point of contact in the department recommending the debarment action. (c) The City's Procurement Office shall: (1) In accordance with internal retention procedures maintain records relating to each debarment; (2) Establish procedures to provide for the effective use of the List, including internal distribution thereof to ensure that departments do not solicit offers from, award contracts to, or consent to subcontracts with contractors on the List; and (3) Respond to inquiries concerning listed, contractors and coordinate such responses with the department that recommended the action, Section 2-400. Effect of debarment. (a) Debarred contractors are excluded from receiving contracts, and departments shall not solicit offers from award contracts to, or consent to subcontracts with these contractors unless the City Manager determines that an emergency exists justifying such action. and obtains approval from the Mayor and City Commission, which approval shall be given by 5/7ths vote of the City Commission at a regularly scheduled City Commission meeting. Debarred BID NO: 30-01102 DATE: 04/22/01 CITY OF MIAMI BEACH 127 contractors are also excluded from conducting business with the City as agents, representatives. subcontractors or partners of other contractors. (d) Debarred contractors are excluded from acting as individual sureties. Section 2-401. Continuation of current contracts. (a) Commencing on the effective date of this ordinance. all proposed City contracts. as well as Request for Proposals (RFP). Request for Qualifications (RFO). Requests for Letters of Interest (RFLI). or bids issued be the City. shall incorporate this ordinance and specify that debarment may constitute grounds for termination of the contract as well as disqualification from consideration on any RFP, RFO. RFLI. or bid. (b) The debarment shall take effect in accordance with the notice provided by the City Manager pursuant to subsection 2-405(h) below. except that if a City department has contracts or subcontracts in existence at the time the contractor was debarred, the debarment period may commence upon the conclusion of the contract. subject to approval of same be 5/7ths vote of the Mayor and City Commission at a regularly scheduled meeting. (c) City departments may not renew or otherwise extend tre duration of current contract or consent to subcontracts with debarred contractors, unless the City Manager determines that an emergency exists justifying the renewal or extension or for an approved extension due to delay or time extension for reasons beyond the contractor's control and such action is approved by 517:hs vote of the Mayor and City Commission at a regularly scheduled meeting. (d) No further work shall be awarded to a debarred contracto' in connection with a continuing contract where the work is divided into separate discrete groups and the City's refusal or denial of further work under the contract will not result in a breach of such contract. Section 2-402. Restrictions on subcontracting. (a) When a debarred contractor is proposed as a subcontractor for any subcontract subject to City approval, the department shall not consent to subcontracts with such contractors unless the City Manager determines that an emergency exists justifying such consent and the Mayor and City Commission approves such decision by 517ths vote at a regularly scheduled meeting. (b) The City shall not be responsible for any increases in project costs or other expenses incurred by a contractor as a result of rejection of proposed subcontractors pursuant to subsection 2-402(a) above, provided the subcontractor was debarred prior to bid opening or opening of proposals, where the contract was awarded be the City pursuant to an RFP, RFO, RFLI, or bid. BID NO: 30-01102 DATE: 04/22/01 CITY OF MIAMI BEACH 128 Section 2-403. Debarment. (a) The Debarment Committee may, in the public interest debar a contractor for any of the causes listed in this ordinance using the procedures outlined below. The existence of a cause for debarment however, does not necessarily require that the contractor be debarred; the seriousness of the contractor's acts or omissions and any mitigating factors should be considered in making any debarment decision. (b) Debarment constitutes debarment of all officers, directors, shareholders owning or controlling twenty-five (25) percent of the stock, partners, divisions or other organizational elements of the debarred contractor, unless the debarred decision is limited by its terms to specific divisions, organizational elements or commodities. The Debarment Committee's decision includes any existing affiliates of the contractor if they are (I) specifically named and (ii) given written notice of the proposed debarment and an opportunity to respond. Future affiliates of the contractor are subject to the Debarment Committee's decision. (c) A contractor's debarment shall be effective throughout City Government. Section 2-404. Causes for debarment. (a) The Debarment Committee shall debar a contractor for a conviction or civil judgment, (1) For commiSSion of a fraud or a criminal offense in connection with obtaining attempting to obtain, performing, or making a claim upon a public contract or subcontract or a contract or subcontract funded in whole or in part with public funds; (2) For violation of federal or State antitrust statutes relating to the submission of offers; (3) For commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (4) Which makes the City the prevailing party in a legal proceeding and a court determines that the lawsuit between the contractor and the City was frivolous or filed in bad faith. (b) The Committee may debar a contractor, (and, limited instances set forth hereinbelow a Bidder or Proposer) based upon a preponderance the greater weight of the evidence, for; (1) Violation of the terms of a City contract or subcontract or a contract or subcontract funded in whole or in part by City funds such as failure to perform in accordance with the terms of one (1) or more contracts as certified by the City department administering the contract; or the failure to BID NO: 30-01/02 DATE: 04/22/01 CITY OF MIAMI BEACH 129 perform or unsatisfactorily perform in accordance with the terms of one (1) or more contracts, as certified by an independent registered architect engineer or general contractor; (2) Violation of a City ordinance or administrative order which lists debarment as a potential penalty; (3) Any other cause which affects the responsibility of a City contractor or subcontractor in performing City work. Section 2-405. Debarment procedures. (a) Requests for the debarment of contractors may be initiated by a City Department or by a citizen-at large and shall be made in writing to the Office of the City Manager. Upon receipt of a request for debarment, the City Manager shall transmit the request to the Mayor and City Commission at a regularly scheduled meeting. The Mayor and City Commission shall transmit the request to a person or persons who shall be charged by the City Commission with the duty of promptly investigating and preparing a written report(s) concerning the proposed debarment, including the cause and grounds for debarment as set forth in this ordinance. BID NO: 30-01102 DATE: 04/22/01 CITY OF MIA'II BEACH 130 . (b) Upon completion of the aforestated written report, the City Manager shall forward said report to the Debarment Committee. The City's Procurement Office shall act as staff to the Debarment Committee and, with the assistance of the City department person or persons which prepared the report present evidence and argument to the Debarment Committee (c) Notice of proposal to debar. Within ten working days of the Debarment Committee having received the request for debarment and written report. the City's Procurement Office, on behalf of the Debarment Committee shall issue a notice of proposed debarment advising the contractor and any specifically named affiliates, by certified mail. return receipt requested, or personal service containing the following information: (1) That debarment is being considered: (2) The reasons and causes for the proposed debarment in terms sufficient to put the contractor and any named affiliates on notice of the conduct or transaction(s) upon which it is based; (3) That a hearing shall be conducted before the Debarment Committee on a date and time not less than thirty (30) days after service of the notice. The notice shall also advise the contractor that it may be represented by an attorney, may present documentary evidence and verbal testimony, and may cross-examine evidence and testimony presented against it. (4) The notice shall also describe the effect of the issuance of the notice of proposed debarment, and of the potential effect of an actual debarment. (d) No later than seven (7) working days, prior to the scheduled hearing date. the contractor must furnish the City's Procurement Office a list of the defenses the contractor intends to present at the hearing. If the contractor fails to submit the list, in writing, at least seven (7) working days prior to the hearing or fails to seek an extension of time within which to do so, the contractor shall have waived the opportunity to be heard at the hearing. The Debarment Committee has the right to grant or deny an extension of time, and for good cause, may set aside the waiver to be heard at the hearing, and its decision may only be reviewed L.pon an abuse of discretion standard. (e) Hearsay evidence shall be admissible at the hearing but shall not form the sole basis for initiating a debarment procedure nor the sole basis of any determination of debarment. The hearing shall be transcribed, taped or otherwise recorded by use of a court reporter, at the election Committee and at the expense of the City. Copies of the hearing tape or transcript shall be furnished at the expense and request of the requesting party. (f) Debarment Committee's decision. In actions based upon a conviction or judgment, or in which there is no genuine dispute over material facts, the Debarment Committee shall make a decision on the basis of all the undisputed material information in the administrative record, including any undisputed, BID NO: 30-01102 DATE: 04/22/01 CITY OF MIAMI BEACH 131 material submissions made by the contractor. Where actions are based on disputed evidence, the Debarment Committee shall decide what weight to attach to evidence of record, judge the credibility of witnesses, and base its decision on the prepondenance greater weight of the evidence standard. The Debarment Committee shall be the sole trier of fact. The Committee's decision shall be made within ten (10) working days after conclusion of the hearing, unless the Debarment Committee extends this period for good cause. (g) The Committee's decision shall be in writing and shall include the Committee's factual findings, the principal causes of debarment as enumerated in this ordinance, identification of the contractor and all named affiliate: affected by the decision, and the specific term, including duration, of the debarment imposed. (h) Notice of Debarment Committee's decision. (1) If the Debarment Committee decides to impose debarment, the City Manager shall give the contractor and any named affiliates involved written notice by certified mail, return receipt requested, or hand delivery, within ten (10) working days of the decision, specifying the reasons for debarment and including a copy of the Comrnittee's written decision; stating the period of debarment, including effective dates; and advising that the debarment is effective throughout the City departments. (2) If debarment is not imposed,the City Manager shall notify the contractor and any named affiliates involved ,by certified mail. return receipt requested. or personal service, within ten (10) working days of the decision. (i) All decisions of the Debarment Committee shall be final and shall be effective on the date the notice is signed by the City Manager. Decisions of the Debarment Committee are subject to review by the Appellate Division of the Circuit Court. A debarred contractor may seek a stay of the debarment decision in accordance with the Florida Rules of Appellate Procedure. Section 2-406. Period of debarment. (a) The period of debarment imposed shall be within the sole discretion of the Debarment Committee. Debarment shall be for a period commensurate with the seriousness of the cause(s), and where applicable, within the guidelines set forth below, but in no event shall exceed five (5) years. (b) The following guidelines in the period of debarment shall apply except where mitigating or aggravating circumstances justify deviation: (1) For commission of an offense as described in subsection 2404(a)(1): five (5) years. BID NO: 30-01/02 DATE: 04/22/01 CITY OF MIAMI BEACH 132 (2) (3) (4) (5) For commission of an offense as described in subsection 2404(a)(2): five (5) years. For commission of an offense as described in subsection 2404(a)(3): five (5) years. For commission of an offense as described in subsection 2404(a)(54): two (2) to five (5) years. For commission of an offense as described in subsections 2404(b)(1) or (2): two (2) to five (5) years. (c) The Debarment Committee may, in its sole discretion, reduce the period of debarment, upon the contractor's written request for reasons such as: (1) Newly discovered material evidence; (2) Reversal of the conviction or civil judgment upon which the debarment was based; (3) Bona fide change in ownership or management; (4) Elimination of other causes for which the debarment was imposed; or (5) Other reasons the Debarment Committee deems appropriate. (d) The debarment debarred contractor's written request shall contain the reasons for requesting a reduction in the debarment period, The City's Procurement Office, with the assistance of the affected department shall have thirty (30) days from receipt of such request to submit written response thereto. The decision of the Debarment Committee regarding a request made under this subsection is final and non-appealable. SECTION 2. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 3. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article," or other appropriate word. SECTION 4. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the 3rd day of March,2000. PASSED and ADOPTED this 23rd day of Februarv. 2000. BID NO: 36-01/02 DATE: 04122/01 CITY OF MIAMI BEACH 133 ORDINANCE NO. 2002-3344 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING PROCEDURES FOR RESOLVING BIDS (BIDS), REQUEST FOR PROPOSALS (RFP'S), REQUEST FOR QUALIFICATIONS (RFQ'S), REQUEST FOR LETTERS OF INTEREST (RFLI'S), AND PURCHASE ORDERS BASED ON WRITTEN OR ORAL QUOTATIONS, BY AMENDING CHAPTER 2 OF THE CODE OF iHE CITY OF MIAMI BEACH ENTITLED "ADMINISTRATION"; BY AMENDING ARTICLE VI THEREOF ENTITLED "PROCUREMENT'; BY CREATING SECTION 2-371 ENTITLED "AUTHORITY TO RESOLVE PROTESTED BIDS AND PROPOSED AWARDS"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, from time to time the City procures goods and services through Invitation for Bids. Requests for Proposals, Requests for Qualifications, Requests for Letters of Interest, and purchase orders based on written or oral quotations, in accordance with the public bidding procedures set forth in Florida law and the Code of the City of Miami Beach (the "City Code"); and WHEREAS, such process may lead to protested bids and proposed awards; and WHEREAS, it is the intent of the Mayor and City Commission that procedural and technical issues related to Invitations for Bids, Requests for Proposals, Requests for Qualifications, Requests for Letters of Interest, and purchase orders based on written or oral quotations, be decided by the City Manager and the City Attorney, and that their determinations with respect to said procedural and technical issues shall be deemed final; and WHEREAS, it is in the best interests of the City and all respondents to Invitations for Bids, Requests for Proposals, Requests for Qualifications, Requests for Letters of Interest, and purchase orders based on written or oral quotations, to have a clear and unequivocal procedure for resolving such protests in a timely and expeditious manner. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows: Section 1. Them is hereby added to Article VI of Chapter 2 of the City Code a new Section 2-371, which shall read as follows: Section 2-371. Authority to Resolve Protested Bids and Proposed Awards. BID NO: 30-01/02 DATE: 04/22/01 CITY OF MIAMI BEACH 134 (a) Right to Protest. Any actual bidder, qualified proposer, or interested parties (hereinafter collectively referred to as the "bidder") who has a substantial interest in, and is aggrieved in connection with the solicitation or proposed award of, a request for proposals CRFP"), request for qualifications ("RFQ'), request for letters of interest ("RFLI') or invitation for bid for goods and/or services ("hereinafter, collectively referred to as the bid") may protest to the City Manager or his or her designee. Protests arising from the decisions and votes of any evaluation or selection committee shall be limited to protests based upon alleged deviation(s) from established purchasing procedures set forth in this Code, any written guidelines of the Procurement Department, and the specifications, requirements and/or terms set forth in any bid. (1) Any protest concerning the bid specifications, requirements, and/or terms must be made within three (3) business days (for the purposes of this ordinance, "business day" means a day other than Saturday, Sunday or a national holiday), from the time the facts become known and, in any case, at least two (2) business days prior to the opening of the. Such protest must be made in writing to the City Manager or his or her designee, and such protest shall state the particular grounds on which it is based and shall include all pertinent documents and evidence. No bid protest shall be accepted unless it complies with the requirements of this section. Failure to timely protest bid specifications, requirements and/or terms is a waiver of the ability to protest the specifications, requirements and/or terms. (2) Any protest after the bid opening, including challenges to actions of any evaluation or selection committee as provided in subsection (a) above, shall be submitted in writing to the City Manager, or his or her designee. The City will allow such bid protest to be submitted anytime until two (2) business days following the release of the City Manager's written recommendation to the City Commission, as same is set forth and released in the City Commission agenda packet, for award of the bid in question. Such protest shall state the particular grounds on which it is based and shall include all pertinent grounds on which it is based, and shall include all pertinent documents and evidence. No bid protest shall be accepted unless it complies with the requirements of this section. All actual bidders shall be notified in writing (which may be transmitted by electronic communication, such as facsimile transmission and/or e-mail), following the release of the City Manager's written recommendation to the City Commission. (b) Any bidder who is aggrieved in connection with the solicitation or proposed award of a purchase order based on an oral or written quotation may protest to the City Manager or his or her designee anytime during the procurement process, up to the time of the award of the purchase order, but not after such time. Such protest shall be made in writing and state the particular grounds on which it is based and shall include all pertinent BID NO: 30-01/02 DATE: 04/22/01 CITY OF MIAMI BEACH 135 " i 1\ . documents and evidence. No bid protest shall be accepted unless it complies with the requirements of this section. (c) The City may request reasonable reimbursement for expenses incurred in processing any protest hereunder, which expenses shall include, but not be limited to, staff time, legal fees and expenses (including expert witness fees), reproduction of documents and other out-of-pocket expenses. (d) Authority to Resolve Protests. The City Manager or his or her designee shall have the authority to settle and resolve a protest conceming the solicitation or award of a bid. (e) Responsiveness. Prior to any decision being rendered under this Ordinance with respect to a bid protest, the City Manager and the City Attorney, or their respective designees, shall certify whether the submission of the bidder to the bid in question is responsive. The parties to the protest shall be bound by the determination of the City Manager and the City Attorney with regard to the issue of responsiveness. +he determination of the City Manager ami the City l\ttorney with regard to all pfeseEl~r-a1 and teGhRisal FFlatters sl'lall be final. (f) Decision and Appeal Procedures. If the bid protest is not resolved by mutual agreement, the City Manager and the City Attorney, or their respective designees, shall promptly issue a decision in writing. The decision shall specifically state the reasons for the action taken and inform the protestor of his or her right to challenge the decision. Any person aggrieved by any action or decision of the City Manager, the City Attorney, or their respective designees, with regard to any decision rendered under this section may appeal said decision by filing an original action in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, in accordance with the applicable court rules. Any action not brought in good faith shall be subject to sanctions including damages suffered by the City and attorney's fees incurred by the City in defense of such wrongful action. (g) Distribution. A copy of each decision by the City Manager and the City Attorney shall be mailed or otherwise furnished immediately to the protestor. (h) Stay of Procurements During Protests. In the event of a timely protest under this section, the City shall not proceed further with the solicitation or with the award pursuant to such bid unless a written determination is made by the City Manager, that the award pursuant to such bid must be made without delay in order to protect a substantial interest of the City. (i) The institution and filing of a protest under this Code is an administrative remedy that shall be employed prior to the institution and filing of any civil action against the City concerning the subject matter of the protest. BID NO: 30-01102 DATE: 04122/01 CITY OF MIAMI BEACH 136 0) Protests not timely made under this sectIon shall be barred. Any basis or ground for a protest not set forth in the letter of protest required under this section shall be deemed waived. (k) At the time the City Manager's written recommendation for award of a bid is presented at a meeting of the Mayor and City Commission, the City Attorney, or his or her designee, shall present a report to inform the Mayor and City Commission of any legal issues relative to any bid protest filed in connection with the bid in question. (I) The determination of the City Manaoer and the City Attornev with reoard to all orocedural and technical matters shall be final. Section 2. All ordinances, resolutions or parts thereof in conflict herewith be and the same are hereby repealed. Section 3. If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this Ordinance shall become and be made part of the Code of the City of Miami Beach, Florida, The sections of this Ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. Section 4. This Ordinance shall take effect ten (10) days after its adoption on the 19th day of January, 2002. PASSED on First Reading this 19th day of December ,2001. PASSED and ADOPTED on Second Reading this 9th day of January. 2002. J;2!~ FM~rIOTS.odI2_ ~ASlO & lANOC.W:JE & Fat EXECUTION ~ 'o,t-.( BID NO: 30-01102 DATE: 04122/01 CITY OF MIAMI BEACH 137 ; ~ -