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Bid 61-01/02 CITY OF MIAMI BEACH, FLORIDA PROCUREMENT DIVISION 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 CONSTRUCTION CONTRACT DOCUMENTS PROJECT MANUAL FOR THE FOLLOWING PROJECT(S): SUNSET HARBOUR DRAINAGE STRUCTURE MODIFICATIONS INVITATION TO BID NO.: 61-01/02 http:\ \ci.miami-beach.fI.us E-mail: guslopez@ci.miami-beach.fI.us Telephone: 305.673.7490 Facsimile: 305.673.7851 RECE~'fED SEP 3 0 2002 BID NO: 61-0~N CONSTRUCTION INC. CITY OF MIAMI BEACH DATE: 08/06/02 1 ~'TY CLERK ,} " CITY OF MIAMI BEACH CliY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.ci.miami-beach.fl.us - COMMISSION MEMORANDUM Subject: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez ~.,,~ City Manager (l~-() A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA; AUTHORIZING THE APPROPRIATION OF, $384,000 FROM THE SERIES 2000 STORMWATER BOND FUND 428; AND AUTHORIZING THE AWARD IN THE AMOUNT OF $384,000 TO TRAN CONSTRUCTION, INC., PURSUANT TO BID NO. 61-01/02 FOR THE CONSTRUCTION OF THE SUNSET HARBOUR DRAINAGE STRUCTURES MODIFICATIONS. Date: September 25, 2002 To: From: ADMINISTRATiON RECOMMENDATION: Adopt the Resolution. FUNDING: Funding in the total amount of $384,000 is available in the series 2000 Stormwater Bond Fund 428. ANALYSIS In 1996. the Sunset Harbour Streetscape Project was constructed. which included a complete modification of the stormwater drainage system in the area bounded by 20th Street, Purdy Avenue, Dade Blvd. and Alton Road. Subsequent to the construction of the Project and partly due to the water quality level of service restrictions imposed by DERM. the stormwater drainage improvements which were constructed did not resolve the stormwater drainage problems which existed in the Sunset Harbour neighborhood. In fact, during high tide events, especially when compounded by severe rain events, severe flooding occurs. . ,,- ; l. L_ Bid No. 61''()1102 September 25, 2002 Page 2 ANALYSIS (Continued) In response to citizen complaints, the City issued Task Order No. 26 to the City's drainage consultant, CH2M Hill, under an existing contract for a citywide Stormwater Management Program, to design and permit proposed improvements to the existing drainage system on Sunset Harbour Drive and 20th Streets in order to alleviate the flooding situation. The design includes the modification of three existing drainage well structures by installing appropriate pollution reduction boxes and modifying elevations of various pipes at the following locations (see Attachment A): . In Island View Park at the intersection of Dade Boulevard and Purdy Avenue (Sunset Harbour Drive) . At the entrance to the Marina located at the intersection of Purdy Avenue and 18th Street . In the median strip at the intersection of 20th Street and West Avenue The new structures will allow for overflow onto the existing outfalls, which are connected to the existing drainage wells. The existing drainage wells, which have by this time become clogged with debris, will be redeveloped. Additionally, pollution control boxes will be added to the structures to prevent future clogging of the wells. Under the original design, the proposed improvements included a one-year observation period to ensure adequate function of the new drainage structures and the ability to retrofit the new structures with a pumping system at a later date should the City determine that pumping is required. In meetings with the Sunset Harbour Task Force, the City agreed to fund at least one pumping system at the entrance to the Marina located at the intersection of Purdy Avenue (Sunset Harbour Drive) and 18th Street (the location which currently experiences the greatest flooding problems). On August 6,2002, Invitation to Bid No. 61-01/02 was issued. One-thousand-two-hundred- ten (1,210) vendors were notified which resulted in forty (40) requests for plans and specifications. A pre-bid conference was held on August 22, 2002, 10:00 AM at City Hall. The Contractor's total base bid proposal for the construction of the Project as stipulated in the bid documents is $384,000. The bidder's proposal includes the furnishing all labor, machinery, tools, means of transportation, supplies, equipment, materials, services necessary for the modification of drainage structures and piping systems at three different locations. The Work will include the removal of existing control structures, and inlet and outlet pipes; installation of new well boxes, control structures, catch basins, manholes, inlet and outlet pipes; modification and development of existing drainage wells; pumping system at one location; relocation of asphalt pathway; and restoration of roadway, curbs, gutters, and sidewalks incidental to installation of Project components. Additionally, the project requires restoration of all sod, landscaping, and irrigation within the limits of construction. .... . Bid No. 61-01/02 September 25, 2002 Page 3 ANALYSIS (Continued) The work on the Sunset Harbour Drainage Structures Modifications is to be completed under a single prime contract. . Two (2) Notices to Proceed will be issued for this Contract. CONTRACTOR shall commence scheduling activities, permit applications and other pre- construction 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 CONTRACTOR shall submit all necessary documents requir.ed by this provision within twenty-one (21) calendar days of the issuance of the first Notice to Proceed. The contract document stipulates that the contractor shall attain substantial completion within one hundred-seventy (170) calendar days after the date of issuance of the Second Notice to Proceed. Additionally, the project must be completed and ready for final payment thirty (30) calendar days following the substantial completion date. CONCLUSION: References have been checked by Procurement staff and Dun and Bradstreet reports have been secured for Tran Construction, Inc. and this Contractor is highly recommended. Tran Construction, Inc. has been in business since 1998 as a General Contractor and is based in the City of Miami Beach, and pursuant to the reference check, the information provided indicates that Tran Construction, Inc. provides quality work. and completes jobs within the required completion dates. The Administration recommends the adoption of the Resolution by the Mayor and City Commission, authorizing the negotiation of a contract with Tran Construction, Inc. for the construction of the Sunset Harbour Drainage Structures Modifications. Attachment T:\AGENDAI2002\SEP2502\REGULAR\SunsetHarbourCommMemo.doc ,,- ; Bid No. 61-01/02 September 25, 2002 Page 4 BID TAB BID NO. 61-01/02 FOR THE CONSTRUCTION OF THE SUNSET HARBOUR DRAINAGE STRUCTURES MODIFICATIONS Bidder GRAND TOTAL LUNlP SUM Tran Construction, Inc. $384,000.00 JCM Enteprises $456,000.00 Regosa Engineering, Inc. $478,000.00 Intercounty Engineering, Inc. $872,870.00 ,,- ; CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 htlp:\\ci .mlami-beach.fl.us PROCUREMENT DIVISION Telephone (305) 673.7490 Fecslmlle (305) 673.7851 INVITATION TO BID NO. 61-01/02 ADDENDUM NO.1 August 30, 2002 SUNSET HARBOUR DRAINAGE STRUCTURE MODIFICA nONS is amended as follows: I. The following are answers to questions by prospective bidders. 1) Q. Section 02678 Part 3.2 E - What are the standards used by engineer to determine when development is complete? A. Development of the well will be completed when the original depth of the well has been re-established, the water is relatively clear, the odor of decaying organic materials has subsided, and pieces of the formation are no longer being liberated by the surging air. 2) Q. Section 02678 Part 3.1 D, 3.3 - Why is there a need for water disposal? A. During the development process, the groundwater at Well No.1 may be affected by contaminants present in the soils. Based on the level of contaminants measured in groundwater samples collected from shallow monitoring wells, DERM and DEP may not allow recirculation of development water into the well. The water may therefore need to be disposed in an alternate manner. The City can, at its discretion, authorized the collected water to be discharged in the sanitary sewer if appropriate steps are taken to prevent sand and other debris from entering the system. 3) Q. Has the City obtained a permit from DEP to transform the well into an injected well? A. A permit modification for Well No.2 has not been obtained and requirements from DEP to obtain such should be included in the Bid. Page 2 Bid No. 61-01/02 Addendum 1 4) Q. Would the City consider an alternate method to redevelopment method? A. An alternate method to develop the wells will be considered based upon the submittal of supporting documentation by the contractor as per Section 02678 Part 2.3 C. However, the Bid should be responded to in accordance with the Contract Documents. Bidders are required to acknowledge this addendum on proposal page 113, "Acknowledgement of Addenda", or the bid may be considered non-responsive. CITY OF MIAMI BEACH ~, .0.3 /"/ -""'~ ~""","'~ /. ./--- ( .:.,.._r Gus Lopez, CPPO Procurement Director rm NOTICE TO USING DEPARTMENTCS) AND CONSULTANTS Any deviations from City of Miami Beach Standard Form Construction Contract Documents or any conflicts between the Technical Specifications, or the Supplementary Conditions and these Documents must be submitted in writing to the City's Procurement Director and to the Office of the City 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 J There are deviations and/or conflicts per the attached pages D1 through (Using Department) (Director) (Consu Itant) Changes approved by: City Attorney /() , ;J.."Z ,/YZ..- Date Date BID NO: 61-01102 DATE: 08106/02 CITY OF MIAMI BEACH 2 TABLE OF CONTENTS PAGE NOTICE FOR BIDS .............. ... ........ ............ ......... ........................ ..... ..................... ......... 7 NO BID NOTIFICATION FORM ...................................................................................10 PLANS AND SPECIFICATIONS ORDER FORM.......................................................... 11 00100. 00200. 00300. 00400. 00405. 00407. 00410. 00500. BID NO: 61-01102 DATE: 08/06102 GENERAL INSTRUCTIONS TO BIDDERS............................................. 12 DEFINITIONS ............. ...... ................. ...................................................... 13 INSTRUCTIONS TO BIDDERS............................................................... 16 1. Examination of Contract Documents and Site............................... 16 2. Pre-Bid Interpretations ..................................................................16 3. Submitting Bids ............................................................................. 17 4. Printed Form of Bid .......................................................................17 5. Bid Guaranty .................................................................................17 6. Acceptance or Rejection of Bids ................................................... 17 7. Determination of Award................................................................. 18 8. Evaluation..................................................................................... 18 9. Contract Price ...............................................................................18 10. Postponement of Date for Presenting and Opening of Bids.......... 18 11. Qualifications of Bidders ............................................................... 19 12. Addenda and Modifications........................................................... 19 13. Prevailing Wage Rates.................................................................. 19 14. . Occupational Health and Safety.................................................... 19 15. Environmental Regulations ........................................................... 20 16. "Or Equal" Clause ......................................................................... 20 17. Protested Solicitation and Award .................................................. 21 18. Financial Stability and Strength..................................................... 21 BIDITENDER FORM................................................................................ 22 CITY OF MIAMI BEACH LICENSES, PERMITS AND FEES................... 25 SCHEDULE OF PRICES BID .................................................................. 26 BID GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT ................................................27 SUPPLEMENT TO BIDITENDER FORM QUESTIONNAIRE ................ .................... ...................... ... ...................... 29 CITY OF MIAMI BEACH 3 00520. 00530. 00540. 00550. 00600. 00708. 00710. 00720. 00721. 00735. 00800. TABLE OF CONTENTS (Continued) SUPPLEMENT TO BID/TENDER FORM NON-COLLUSION CERTIFICATE ..........................................................35 SUPPLEMENT TO BID/TENDER FORM DRUG FREE WORKPLACE CERTIFICATION .......................................36 SUPPLEMENT TO BID/TENDER FORM TRENCH SAFETY ACT........................................................................... 38 RECYCLED CONTENT INFORMATION ................................................. 40 CONTRACT ............ ... ............ ... .............. .................... ... ............... ...........41 FORM CERTIFICATE OF INSURANCE.................................................. 50 FORM OF PERFORMANCE BOND ........................................................ 51 FORM OF PAYMENT BOND................................................................... 54 CERTIFICATE AS TO CORPORATE PRINCIPAL .................................. 57 PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT ................................................ 58 GENERAL CONDITIONS ........................................................................60 1. Project Manual.............................................................................. 60 2. Intention of City .............................................................................60 3. Preliminary Matters ....................................................................... 61 4. Performance Bond and Payment Bond......................................... 62 5. Qualification of Surety................................................................... 63 6. Indemnification .................... ............ ... ......... ............... ........... ........ 65 7. Insurance Requirements ............................................................... 65 8. Labor and Materials ......................................................................68 9. Royalties and Patents ................................................................... 69 10. Weather ........................... ................. .................. .......... .......... ...... 69 11. Permits, Licenses and Impact Fees .............................................. 69 BID NO: 61-01102 CITY OF MIAMI BEACH DATE: 08/06/02 4 TABLE OF CONTENTS (Continued) 12. Resolution of Disputes .................................................................. 70 13. Inspection of Work ........................................................................71 14. Superintendence and Supervision ................................................ 71 15. City's Right to Terminate Contract ................................................73 16. Contractor's Right to Stop Work or Terminate Contract ....................................................................... 74 17. Assignment ................................................................................... 74 18. Rights of Various Interests ............................................................ 75 19. Differing Site Conditions................................................................ 75 20. Plans and Working Drawings ........................................................76 21. Contractor to Check Plans, Specifications, and Data ...............................................................76 22. Contractor's Responsibility for Damages and Accidents ............................................................... 76 23. Warranty ........................ ......... .......... .......... ........ .......................... 76 24. Supplementary Drawings ..............................................................77 25. Defective Work.............................................................................. 77 26. Taxes ............................................................................................ 78 27. Subcontracts .............. ............................. .... .... .... ....... ................... 78 28. Separate Contracts ....................................................................... 78 29. Use of Completed Portions ........................................................... 79 30. Lands for Work.............................................................................. 80 31. Legal Restrictions and Traffic Provisions ...................................... 80 32. Location and Damage to Existing Facilities, Equipment or Utilities .................................................... 81 33. Value Engineering. ......... ....... .......................... ........... .... ... ............ 82 34. Continuing the Work...................................................................... 82 35. Changes in the Work or Terms of Contract Documents .................................................................82 36. Field Orders and Supplemental Instructions ................................. 83 37. Change Orders..... ............................... ........ ........ .......................... 83 38. Value of Change Order Work........................................................ 84 39. Notification and Claim for Change of Contract Time or Contract Price.................................................... 89 40. No Damages for Delay.................................................................. 89 41. Excusable Delay; Compensable; Non-Compensable ................... ......... .............. ........ ...................... 90 42. Substantial Completion ................................................................. 91 43. No Interest .................................................................................... 91 44. Shop Drawings............................. ........ ........... ........................ ...... 91 BID NO: 61-01102 CITY OF MIAMI BEACH DATE:mv~102 5 00900. 00920. 00922. 00923. 00925. 00926. 00930. 00950. 01000. 02000. 03000. 04000. 05000. 06000 BID NO: 61-01102 DATE: 08/06/02 TABLE OF CONTENTS (Continued) 45. Assignment ... ......... ...................... ........ .... ... .........;........................93 46. Safety and Protection.................................................................... 94 47. Final Bill of Materials..................................................................... 95 48. Payment by City for Tests ............................................................. 95 49. Project Sign .......................................... ......................................... 95 50. Hurricane Precautions................................................................... 95 51. Cleaning Up; City's Right to Clean Up........................................... 96 52. Removal of Equipment.................................................................. 96 53. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act............................................... 96 54. Project Records..... ..... ........................... ....... ................................. 97 SUPPLEMENTARY CONDITIONS.......................................................... 98 ADDITIONAL ARTICLES. ....... ....... ........... ...... ..... .......... .......................... 99 1. Prevailing Wage Rate Ordinance ..................................................99 2. Federal Grant Projects .................................................................. 99 STATEMENT OF COMPLIANCE (PREVAILING WAGE RATE ORDINANCE NO. 83-72)......................... 100 STATEMENT OF COMPLIANCE (DAVIS BACON ACT)............................................................................ 101 CERTIFICATE OF SUBSTANTIAL COMPLETION ............................... 102 FINAL CERTIFICATE OF PAYMENT.................................................... 104 FORM OF FINAL RECEIPT................................................................... 105 DRAWINGS INDEX .................... ............ ..... .... ...... ........... ....... .............. 107 ADDENDA AND MODIFICATIONS ....................................................... 108 TECHNICAL SPECIFICATIONS. ............ ......... ................................ ...... 109 BID PROPOSAL FORM......................................................................... 111 ACKNOWLEDGEMENT OF ADDENDA................................................ 113 CUSTOMER REFERENCE LISTING ....................................................114 ORDINANCES; LOBBYISTS, CONE OF SILENCE, DEBARMENT, CODE OF BUSINESS ETHICS, PROTESTED SOLICITATION AWARD, LOBBYIST FEE DISCLOSURE ............................................................ 116 CITY OF MIAMI BEACH 6 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 httD:\\ci.miami-beach.fl. us ~ PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 INVITATION TO BID NO. 61-01/02 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 6th day of September 2002 for: SUNSET HARBOUR DRAINAGE STRUCTURE MODIFICATIONS 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 modification of drainage structures and piping systems at three different locations. The Work will include the removal of existing control structures, and inlet and outlet pipes; installation of new well boxes, control structures, catch basins, manholes, inlet and outlet pipes; modification and development of existing drainage wells; pumping system at one location; relocation of asphalt pathway; and restoration of roadway, curbs, gutters, and sidewalks incidental to installation of Project components. Additionally, the project requires restoration of all sod, landscaping, and irrigation within the limits of construction. Bidders of this project are advised that construction work will not be permitted for the portion of the work at the intersection of Sunset Harbour Drive and West Avenue during the months of November and December. Estimated Budget: $500,000 Minimum Requirements: Prospective Bidders (General Contractor and/or Sub- Contractors) must have 3 years experience construction management including construction of drainage systems (curb and gutter, catch basins, pumping systems, drainage structures and roadway construction) and submit a minimum of four separate projects, each with $300,000 or higher in construction work. The General Contractor and/or Sub-Contractors must have required licenses in order to obtain all required permits for the completion of the project. Bid Guarantv: A Bid Guaranty Is not required, however the successful Bidder executing the Contract will be required to provide the Performance Bond and Payment Bond in the amount of one-hundred percent (100%) of the contract amount, and evidence of required insurance within fifteen (15) calendar days after notification of award of the Contract. BID NO: 61-01/02 DATE: 08/06/02 CITY OF MIAMI BEACH 7 At time, date, and place above, bids will be publicly opened. Any bids or proposals received after time and date specified will be returned to the bidder unopened. The responsibility for submitting a bid/proposal before the stated time and date is solely and strictly the responsibility of the bidder/proposer. The city is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. A Pre-Bid Conference will be held at 10:00 a.m. on August 22,2002 at the City of Miami Beach City Hall, First Floor Conference Room, located at 1700 Convention Center Drive, Miami Beach, FL 33139. Attendance at the Pre-bid Conference is highly encouraged and recommended as a source of information but is not mandatory. The City has contracted with DemandStar by On via 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 #613. 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:/IcLmiami-beach.f1.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. Plans and specifications are available for this bid but must be ordered through T -Square Miami, Phone No. (305) 324-1234. The attached order form on page 11 of the Bid package must be completed and returned to T-Square Miami before prospective bidders will receive requested plans and specifications. Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing by mail or facsimile to the Procurement Department, 1700 Convention Center Drive, Miami Beach, FL 33139 FAX: (305) 673-7851. The Bid 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. BID NO: 61-01/02 DATE: 08/06/02 CITY OF MIAMI BEACH 8 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. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE BID SOLICITATION PROTEST ORDINANCE NO. 2002-3344. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE CITY OF MIAMI BEACH LOBBYIST FEES DISCLOSURE ORDINANCE NO. 2002- 3363. CITY OF MIAMI BEACH //' /./ ?- -;/" / - ,./,--- L c..-- Gus Lopez, CPPO Procurement Director BID NO: 61-01102 DATE: 08/06/02 CITY OF MIAMI BEACH 9 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 hltp:\\ci.miami-beach. fl. us PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 Bid No. 61-01102 SUNSET HARBOUR DRAINAGE STRUCTURE MODIFICATIONS 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 ANDIOR INDICATED: _ Our company does not handle this type of producUservice. _ 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: 61-01/02 DATE: 08/06/02 CITY OF MIAMI BEACH 10 C.O.D Order T-SQUARE ATTN:CARMENDAVILA FAX 305-324-8040 PHONE 305-3241234 EX. 320 CITY OF MIAMI BEACH BID # 61-01/02 SUNSET HARBOUR DRAINAGE STRUCTURE MODI FICA nONS Authorized by : Roman Martinez Fax: 305.324.8040 ComDlete Set 11 Drawinas - 24x36 Technical SDeclficatlons - 8.5 x 11 SDecificatlons Soli's ReDort - 8.5 x 11 Price per SQ.FT S .12cnts full size/ half size S 1.00 per first copy &.45 second copy Total (MINIMUM ORDER FOR FREE DELIVERY $20.00 PER DELIVER) COMPANY NAME: ORDER BY: Bill to: COD T-5quare Acct# 613204 Cash: Credit Card # Visa: Amex:_Master:_ Other: Ex. date In the name of: Authorization signature Ship TO: City State zip code Phone: _-_-_Fax:_ -_ -_ Contact name Title Received by: shipped by: UPS # FEDEX # Received by: shipped by: UPS # FEDEX # Next day air _ Next day air saver _Ground _Second day air AM _Second air Three day select Handling charge S Order received by T-Square: Title: 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 with T -Square please use your account # to place the order. Thank you for your business. BID NO: 61-01102 DATE: 08/06/02 CITY OF MIAMI BEACH 11 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 modification of drainage structures and piping systems at three different locations. The Work will include the removal of existing control structures, and inlet and outlet pipes; installation of new well boxes, control structures, catch basins, manholes, inlet and outlet pipes; modification and development of existing drainage wells; pumping system at one location; relocation of asphalt pathway; and restoration of roadway, curbs, gutters, and sidewalks incidental to installation of Project components. Additionally, the project requires restoration of all sod, landscaping, and irrigation within the limits of construction. 3. Location of Work: There are three locations: 1. Within Island View Park at the Northwest corner of Dade Blvd. and Purdy Avenue. 2. At the entrance to the Marina (north of the driveway) at 18th Street and Purdy Av. 3. At the intersection of Sunset Harbour Drive and West Ave. - in the median strip in Sunset Harbour Dr. (west of West Avenue). 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: 61-01102 DATE: 08/06/02 CITY OF MIAMI BEACH 12 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 change in the Contract Price or Contract Time or a material change in the Work of Watermain and Hangers. 1.3. City: The City (or Owner) shall mean the City of Miami Beach, a Florida municipal corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, which is a party hereto and lor for which this Contract is to be performed. In all respects hereunder, City's performance is pursuant to City's position as the owner of a construction project. In the event City exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, laws and ordinances shall be deemed to have occurred pursuant to City's regulatory authority as a governmental body and shall not be attributable in any manner to City as a party to this Contract. 1.4. City Commission: City Commission shall mean the governing and legislative body of the City. 1.5. City Manager: City Manager shall mean the Chief Administrative Officer 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 BID NO: 61-01102 CITY OF MIAMI BEACH DATE: 08/06/02 13 Commission, the Performance Bond and Payment Bond, the Notice of Award, the Notice(s) to Proceed, the Purchase Order, Change Orders, Field Orders, Supplemental Instructions, and any additional documents the submission of which is required by this Project Manual, are the documents which are collectively referred to as the Contract Documents. 1.11. Contract Price: The original amount established in the bid submittal and award by the City, as may be amended by Change Order. 1.12. Contract Time: The original time between commencement and completion, including any milestone dates thereof, established in Article 2 of the Contract, as may be amended by Change Order. 1.13. Contractor: The person, firm. or corporation with whom the City has contracted and who is responsible for the acceptable performance of the Work and for the payment of all legal debts pertaining to the Work. All references in the Contract Documents to third parties under contract or control of Contractor shall be deemed to be a reference to Contractor. 1.14. Field Order: A written order which orders minor changes in the Work but which does not involve a change in the Contract Price or Contract Time. 1.15. Final Completion: The date certified by Consultant in the Final Certificate of Payment upon which all conditions and requirements of any permits and regulatory agencies have been satisfied; any documents required by the Contract Documents have been received by Consultant; any other documents required to be provided by Contractor have been received by Consultant; and to the best of Consultant's knowledge, information and belief the Work defined herein has been fully completed in accordance with the terms and conditions of the Contract Documents. 1.16. Inspector: An authorized representative of Consultant or City assigned to make necessary inspections of materials furnished by Contractor and of the work performed by Contractor. 1.17. Materials: Materials incorporated in this Project, or used or consumed in the performance of the Work. 1.18. Notice(s) to Proceed: Written notice to Contractor authorizing the commencement of the activities identified in the notice or as described in the Contract Documents. 1.19. Plans and/or Drawings: The official graphic representations of this Project which are a part of the Project Manual. BID NO: 61-01102 CITY OF MIAMI BEACH DATE: 08/06/02 14 1.20. 1.21. 1.22. 1.23. 1.24. 1.25. 1.26. 1.27. 1.28. BID NO: 61-01/01 DATE: 08106/01 Program Manager: Not Applicable Project: The construction project described in the Contract Documents, including the Work described therein. Project Initiation Date: The date upon which the Contract Time commences. 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. Resident Project Representative: An authorized representative of Consultant or Program Manager assigned to represent Consultant or Program Manager on the Project. 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. 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. 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. 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. CITY OF MIAMI BEACH 15 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, fumishing 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: 61-01/02 DATE: 08/06/02 CITY OF MIAMI BEACH 16 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: SUNSET HARBOUR DRAINAGE STRUCTURE MODIFICATIONS BID/CONTRACT NO.: 61"()1/02 4. Printed Form of Bid: All bids must be made upon the blank Bid/Tender Form included herein and must give the price in strict accordance with the instructions thereon. The bid must be signed and acknowledged by the Bidder in accordance with the directions on the bid form. 5. Bid Guarantv: :\11 biEls sl=tall l3e clGcempaRieEl l3y either aR arigiRal l3iEl l3anEl exeouted by a surety cempony meetin€l tAe ql:lalifisatieRs far Sl:IFety oempaRies as speeified iR Sestion 5, General COAElitiens, ar l3y oash, money erEler, oertifieEl ohock, oashier's check, Bid GuoraRty Form, Unoonditianal Letter of Credit (Form 00410), treasuFer's oheek er bank amft of any AatioRal er state l3ank (URiteEl States), in the amouRt of $3,000.00, payable to City of Miami Beach, Florida, and oonaitieneEl upen the sl:lcsessful Bidder execl:ltin€l the Ccmtmst anEl pFevidiRg the requirea one hundred percent (100%) PerformaRoo Bona ane Payment Boml and eviEleRse af r:eql:lirea insl:Irance '/:itAin fifteeR (15) oaleRelar aays after Rotifioation of aware of the Contr-aot. A PERSONAL CHECK OR A COMPJ\NY CHECK OF 1\ BIDDER SHALL NOT BE DEEMED 1\ VALID BID SECURITY. SemJrity of the suceessful Bideler sl=tall be ferfeitea to the City of Miami Beach as liquidated e1ama€les, nat as a peRalty, far tl=te saEt and expense incl:lrreel sl=tal:llEl said Biaeler fail to exeol:lte the Centraot, pr.()vide the reql:lired Performance Bene, Payment BORd and Certificato(s) of IRsl:lr-aRse, witl=tin fifteeR (15) oalem:lar days after natificatioR of the award of the Contract, or failure to oamply witl=t any other requirements set fertl=t herein. The time fer execl:ltion af the CORtmst and provisieR ef the Performanoe BOREl, PaymeRt Bond aRe Certificate(s) of Insl:lmnoe may l3e exteRelee by the City's PFeSl:lremeRt Direoter fer €laod sause shown. Bid Seourities of the unsuooessful Bidders willl3e retumed after awor-a of CeRtr-ast. A Bid Guaranty is not required, however the successful Bidder executing the Contract will be required to provide the Performance Bond and Payment Bond in the amount of one-hundred percent (100%) of the contract amount, and evidence of required insurance within fifteen (15) calendar days after notification of award of the Contract. BID NO: 61-01/02 DATE: 08/06/02 CITY OF MIAMI BEACH 17 6. Acceotance or Reiection of Bids: The City reserves the right to reject any or all bids prior to award. Reasonable efforts will be made to either award the Contract or reject all bids within ninety (90) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price before the expiration of ninety (90) calendar days from the date of bid opening. A Bidder may withdraw its bid after the expiration of ninety (90) calendar days from the date of bid opening by delivering written notice of withdrawal to the Purchasing Division prior to award of the Contract by the City Commission. 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. Postoonement of Date for Presentino and Ooenino 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. BID NO: 61-01102 DATE: 08106/02 CITY OF MIAMI BEACH 18 11. Qualifications of Bidders: Bids shall be considered only from firms normally engaged in performing the type of work specified within the Contract Documents. Bidder must have adequate organization, facilities, equipment, and personnel to ensure prompt and efficient service to City. In determining a Bidder's responsibility and ability to perform the Contract, City has the right to investigate and request information concerning the financial condition, experience record, personnel, equipment, facilities, principal business location and organization of the Bidder, the Bidder's record with environmental regulations, and the c1aims/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. Prevailino Waoe 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. Occuoational Health and Safety: In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this bid must be accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the manufacturer. The MSDS must include the following information: 14.1. The chemical name and the common name of the toxic substance. 14.2. The hazards or other risks in the use of the toxic substance, including: 14.2.1. The potential for fire, explosion, corrosion, and reaction; BID NO: 61-01102 DATE: 08/06/02 CITY OF MIAMI BEACH 19 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 nonsubmission of any such documentation shall be deemed to be an affirmation by the Bidder that there are no citations or violations. Bidder shall notify the City immediately of notice of any citation or violation which Bidder may receive after the Bid opening date and during the time of performance of any contract awarded to it. 16. "Or Eaual" Clause: Whenever a material, article or piece of equipment is identified in the Contract Documents including plans and specifications by reference to manufacturers' or vendors' names, trade names, catalog numbers, or otherwise, City, through Consultant, will have made its best efforts to name at least three (3) such references. Any such reference is intended merely to establish a standard; and, unless it is followed by the words "no substitution is permitted" because of form, fit, function and quality, any material, article, or equipment of other manufacturers and vendors which will perform or serve the requirements of the general design will be considered equally acceptable provided the materials, article or equipment so proposed is, in the sole opinion of Consultant, equal in substance, quality and function. BID NO: 61-01102 DATE: 08/06102 CITY OF MIAMI BEACH 20 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 !'lot selected may 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 Stabilitv and Strenath: 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 NO: 61-01102 DATE: 08106/02 CITY OF MIAMI BEACH 21 gg4gg. SID!TeNOER FORM: S~bR'litted: {)ate City ef Miami Seaeh, FleFida 170g Cen'lentien Center Ori'Je MiaR"li Seaeh, Fleriea ~~1 ~Q ne ~Aeersigned, as Sidder, t:lereby eeslares that the enly ~er-Elens interested in this bid as ~rineipal are naR"lee her-ein ane that Ae persen other than herein R"Ientienee has any interest in this bie or in the Contrast te be enteree into; that this bie is R"Iaee witt:lout oonneGtion witt:l aAY ether persen, firm, or parties makin€l a bid; and that it is, in all respeets, maee fairly ane in geed faitt:l witheut eelh,lsien er fFa~d. The Sieder fl:lrtt:ler eeslares that it has exaR"liAed the site ef tt:le '.~leFk ane iAfGrmed itself fL:Jlly of all eeneitiens ~ertainiAg te the place wt:lere the '.^lork is te be dene; that it has examined the CentraElt OeEluments and all adeeAela thereto furnisheel befGre the openin€l of the bids, os aoknowledged bele'/:; and that it has satisfied itself aboL:Jt the lJI.'ork t9 be performee; ane that it has submitted the required Sid Guaranty; and all ether required informoti9n with the bid; and that this bid is submitted voluntarily and ....'illingly. The Sideler agrees, if tt:lis bid is aooepteel, te o9ntract with the City, a politiool sl:lbelivision of the State ef Floriela, pursuant te tt:le terms aAe eeneliti9As ef the Centract Oeeuments and to furnish all nec::essary materials, equipment, mac::hinery, tools, apparat~s, meaAS of tr-anspertation, aAd all labor nec::essary to cene;tr~Gt and complete within the time limits speoified the \^Ierk cO.Jeree by the Contract Deeuments for the Pr-ejeGt antitleel: Tl:le Sieleer alse a€lrees tEl furnish the reql:lired PermrmaAce SeAd ane Payment Senel or alternative form of seourity, if ~ermitted by the City, eaoh for not less than the total bid price pll:ls alterAatEls, if any, anel to fLJrnish the required Certifieate(s) af Insl:lrance. ne l:Indersi€lneel further agrees that tt:le !:lie gl:laranty aseem~anyin€l the bie shall be :: : Sidder fails to execute said Contract, ar fails to furnish the req~ired --~-.~-a-ce SeRd and Payment Send or fails tEl furnish the reql:lireel Certifisate(s) sf Ins~raRse 'NithiR fifteen (15) oalaRdar e1ays after being Rotified sf tl:le aworo of the CentraGt. ~e :'-';:t 9f arithmetieal .erF9FS, the Sieleler a€lre~s tRot tl:lese erF9FS are eFr~FS v~l:li~n fi;i' ~- ;;;j r-eGted.by t~e .Clty. In the ev?nt .ef a dllsorepanGy bet\\'ee~ tl:le ~Rc::e !:llel In re a tJ:1e ~nGe bid In "/Jaros, the ~Rse In werds sl:lall €lovern. Sleder a~re~ ~~ ~ny ~~it pric::e Iistee in the bid is te be mL:Jltiplied by tl:le stated quantity reql:lir-em9Ats in order te 8FFi..'e at the tela!. BID NO: 61-01102 DATE: 08/06/02 CITY OF MIAMI BEACH 22 J\GkRe'Nleel~ment is hereby maele of the folle,^,iR~ aelelenEla (iElentifieel by Al;lmber) receivee sinGe issl;laAoe sf the Prsjeot MaRl:lal: Attaohed is a Sid Scnel [ ], Cash [ ], MCAey Order [ ], URooRElith::)Aal Letter sf Creelit [ ], Treasl:lrer's Cheok [ ], Sank Dr:aft [ ], Cashier's Cl'1eok [ ], or Certified Chock [ ] No. SaAk of for the Sl;lm sf Dollars ($ ). The Sideler shall aokRc'....led€le this !;lid !;ly si€lniA€l aRel osmpletiR€l the spaGes pre,..ieea beI9'J.'. Name sf Sieeer: City/State/Zip: TelephsRe No.: Seeial SeGl:-Jrity No. er Feeler:al I.D.Ne.: DI:IR aRd Sr:aelstr:eet Ne.: (if applioa!;lle) If a partRership, Rames aRel aaelr:esses af partner:s: BID NO: 61-01102 DATE: 08/06/02 CITY OF MIAMI BEACH 23 (SiaR !:leis\') if Rot inGElFsElFates) (Type Elr Print Namo ef 8isser) WITN~SSeS: (SigRatl:lr-e ) (Type or Print Name Signoej Abeve) (Sian !:leIEl'!.' if inSeFSeFateS) (Type er PFint Name of Cel'flElFation) ^ TTeST: Sosrotary (Signatl:lr-e aRd Title) (CORPORAT~ Se/\L) (TYJ3e or Print Namo Signed A!:lolJo) Inser~ElFates I:IRSer the laws at the State Elf: BID NO: 61-01102 DATE: 08/06102 CITY OF MIAMI BEACH 24 00405. CITY OF MIAMI BEACH LICENSES. PERMITS AND FEES: Pursuant to the Public Bid Disclosure Act, each license, permit or fee a Contractor will have to pay the City before or during construction or the percentage method or unit method of all licenses, permits and fees REQUIRED BY THE CITY AND PAYABLE TO THE CITY by virtue of this construction as part of the Contract is as follows: A City of Miami Beach Public Works Right-of-Way Permit Is required for construction of this project. The City of Miami Beach Permit Fee is waived. The prospective bidder (General Contractor) must have a valid State of Florida General Contractor's License. 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 City of Miami Beach firms will be required to be submitted within fifteen (15) days of notification of intent to award. 2. Occupational licenses will be required pursuant to Chapter 205.065 Florida Statutes. NOTE: al If the contractor Is a State of Florida Certified Contractor the followinQ will be reQuired: 1) Copy of State Contractors Certification 2) Place of Business Occupational License 3) liability and Property Damage Insurance Certificate made to City of Miami Beach 4) Workers compensation or the exemption bl 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 NOTE: PLEASE PROVIDE COPIES OF ALL YOUR LICENSES AND CORPORATE CERTIFICATES WITH YOUR BID RESPONSE BID NO: 61-01/02 DATE: 08/06/02 CITY OF MIAMI BEACH 25 00407. SCHEDULE OF PRICES BID: Consideration for Indemnification of CITY $25.00 [ X ] Cost for compliance to all Federal and State requirements of the Trench Safety Act* [NOTE: If the brackets are checked or marked, the Bidder must fill out the Trench Safety Act sheet, Page 38, Section 00540, to be considered responsive.] BID NO: 61-01102 DATE: 08/06/02 CITY OF MIAMI BEACH 26 00410. Big GUAR^,NTY FORM UNCONDITIONAL L~TTeR OF CREDIT: Date ef Issl:le Issuing Bank's Ne. 8eAefisiarv: l\aEllisant: City 9f Miami Beash 1790 Canventian Center Drive Miami 8eash, Flerieta aa1 aQ :\mel:lnt: in Uniteet States Fl:lnets Expiring: (Date) Bid/Cantr:aGt Nymber \A.'e heFeby al:JtheFize ysu to ar-a':J OR (Bank, Issl:ler name) BY erder of and fer the aGGelmt at (BraAsh aedr.ess) of (seAtr-aGter, applicant, sustemer) yp te aA aggregate amount, in United States Funes, of available by yel:lr etr:afts at sight, aCGempanied by: 1. ^ signed statement from the City Manager of the City af Miami Beash, or his al:ltRerizee representative, that tRe drawing is dye te default in perfoFmanse of oBligatioRs OR the part of agreed ypon by and (sentraGter, applisant, sl:lstemer) between City of Miami BeaGR, Florida and (santr-aGtor, appliGant, Gl:lstemer) pUFSl:lant to the Bid/CclRtr-aGt No. for (name af projest) DFSfts ml:lst be erawn and Aegetiatee net later tRan (expiratien date) Drafts must bear the Glause: "DFa'/JA l:lneer letter af Credit Na. of ~~ (Bank name) BID NO: 61-01/02 DATE: 08106102 CITY OF MIAMI BEACH 27 This letter Elf Creelit sets forth in full terms of Ell;lr lIRelertakiRg, aAel sush undertaking shall AOt in any way be R'lodified, aR'leAdeel, or aR'll'llifieel by reforeRse to aAY doollR'lents, instrUR'leRt, or a€lreeR'lent referreel to herein or tel whish this Letter of Credit is refor-red or this letter of Credit relates, ane:! any suoh referenoe shall not be aeeR'led to inoorpor{)te herein BY referenoe any eleouR'lent, instruR'lent, or agreeR'lent. We hereby agr.ee with the eJrowers, eneJersers, and Bena fiele helelers of all dr-afts e1r-3'A'n uneler anel in oom~lianoe .....ith the terms ef this letter Elf Croelit that suoh e1r{)fts will be e1uly heAered u~en presentatien to the e:!nlwee. The exesl;ltien of the Contraot and the sl;lbR'lissieA of the roqlliree:! PeoormanGe ane:! Payment Gl;Iaranty and InSl;lFaRSe Certifisate by the (oClAtraCltor, applioant, ollstomer) shall be a release ef all el:lli€latiens. This letter of Creel it is sllBjeot tEl the "UAiform Cl;Istems ane:! Praotioe for DOGlImeAtary Creelits," InternatioAal Chamber of Cemmerse (1QQ3 re'lisien), Pl:IblioatioA No. 500 ane:! to tho I'lr.e'/isions of FloFiela la...... If a osnfliot bept.'eeFl the Uniform Cl:Istoms and Pr{)Gtioe for Dool;lmentary Creaits ane:! Florie:!a law shel;lld arise, Florida law shall pre'/ail. If a oonfliet between the law of another state or oountry and Florida la +'1: should arise, FleFiela la'.... shall prevail. I\l;Itherizeel Signatl:Jre BID NO: 61-01/02 DATE: 08106/02 CITY OF MIAMI BEACH 28 . - 00500. SUPPLEMENT TO BID/TENOER FORM: THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE BID, HOWEVER, ANY ADDITIONAL INFORMATION NOT INCLUDED IN THE SUBMITTED FORM AS DETERMINED IN THE SOLE DISCRETION OF THE CITY, SHALL BE SUBMITTED WITHIN SEVEN (7) CALENDAR DAYS OF THE CITY'S REQUEST. QUESTIONNAIRE The undersigned authorized representative of the Bidder certifies the truth and accuracy of all statements and the answers contained herein. 1. How many years has your organization been in business while possessing one of the licenses, certifications, or registrations specified in Section 00405? License/Certification#/Reg istration# # Years C6C D~OD"-c;:l.. -S- 1A. What business are you in? GC 2. What is the last project of this nature that you have completed? ):::W.;~~.e~s-t~ <f JJe.1I AT4620 l-;~~ U. 3. Have you ever failed to complete any work awarded to you? If so, where and why? ----1J 0 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. J. 0/'- BID NO: 61-01102 DATE: 08106/02 CITY OF MIAMI BEACH 29 4. Give names, addresses and telephone numbers of three individuals, corporations. agencies. or institutions for which you have performed work: 4.1. 'PAJ, Ie. CeJ~ If-;;j)o L.; N:.I ~ ~ .5':!) IS-oa:a. D (name) (address) (phone #) 4.2. ~s MI~A };;2SP1S- Uo :;uJ,l,;ye... ~~ (name) (address) (phone #) 4.3. ~*e... f;;2.~fJlV ~e.. ql{57~ (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.) TOTAL DATE OF % OF NAME OF OWNER & CONTRACT COMPLETION COMPLETION PROJECT PHONE # VALUE PER CONTRACT TO DATE jdi&M&t~. rMwis H:~~ "1:5""'46 .f~ ~ 11'~ 5"}'. (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? ~ 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. -61'1'1ii"W01:fc: ~IJ'& ~ BID NO: 61-01102 DATE: 08106102 CITY OF MIAMI BEACH 30 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? fJlA I 9. What equipment will you purchase for the proposed work? ~ 10. What equipment will you rent for the proposed work? ~ac~ W~ 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. Jr, kuQ~ - ~ Y, Of~6fUW. -~ BID NO: 61-01/02 DATE: 08/06/02 CITY OF MIAMI BEACH 31 12. State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business and the address of the place of business. (If a corporation, state the name of the president and secretary. If a partnership, state the names of all partners. If a trade name, state the names of the individuals who do business under the trade name). 12.1 The correct name of the Bidder is IV~ L!o~) k . 12.2 The business is a (Sole Proprietorship) (Partnership) (Corporation). ~7' 12.3 The address of principal place of business is 4;;20 W~/H ~,(1'1-~~~~) fl-~~ 12.4 The names of the corporate officers, or partners, or individuals doing business under a trade name, are as follows: jtG-J-~ - ~J.e....+ 12.5 List all organizations which were predecessors to Bidder or in which the principals or officers of the Bidder were principals or officers. --.1J /~ / BID NO: 61-01102 CITY OF MIAMI BEACH DATE: 08106102 32 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. Mo t.Je 12.7. List and describe all successful Performance or Payment Bond claims made to your surety(ies) during the last five (5) years. The list and descriptions should include claims against the bond of the Bidder and its predecessor organization(s). . -----1l 0JJ.Siii"' 12.8 List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names; case, arbitration or hearing identification numbers; the name of the project over which the dispute arose; a description of the subject matter of the dispute; and the final outcome of the claim. ---JoJ()lJ6' BID NO: 61-01102 DATE: 08106102 CITY OF MIAMI BEACH 33 12.9. List and describe all criminal proceedings or hearings conceming business related offenses in which the Bidder, its principals or officers or predecessor organization(s) were defendants. NDtJ'Iii 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. _~O 12.11. Under what conditions does the Bidder request Change Orders. .a.>lL.., ~W!it-eJ2 BID NO: 61-01/01 CITY OF MIAMI BEACH DATE: 08106101 34 00520. SUPPLEMENT TO BIDITENDER FORM NON-COLLUSION CERTIFICATE THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO BE DEEMED RESPONSIBLE. Submitted this 6" ~ day of ~-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 do uments . entified by the following number: Bid No. 61-01/02. ;J:" 1-0~ SIGNATURE PRINTED NAME ~~-r TITLE <IF CORPORATION) BID NO: 61-01102 DATE: 08/06/02 CITY OF MIAMI BEACH 35 00530. SUPPLEMENT TO BID/TENDER 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: 61-01/02 DATE: 08/06/02 CITY OF MIAMI BEACH 36 (6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (i) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Requiring such 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). STATE OF ~.L- COUNTY OF ~:~ p..J.e The foregoing instrument was ackno~ledg~d before me this 6Ji- day of ~ ,20~, by ~,-r; ~ as h . n -l-- (name of person wh se signature is being notarized) ~~BM---L- (title)of -rv. C4K.S. ""-c. , of corp ation/company) now me on described herein, r who produced as I entification, and who did/did not take an oa NOTARY PUBLIC: ~ cYn.rY~' (Signature) My commission expires: ..,.':...... CHRISTINE M. YAUtUERDI : ,) MY COMMISSION t DO 117568 . . . EXPIRES: JlIle 9, 2C06 _Thru~__ BID NO: 61-01102 DATE: 08/06/02 CITY OF MIAMI BEACH 37 00540. SUPPLEMENT TO BIDITENDER FORM TRENCH SAFETY ACT IF APPLICABLE, THIS FORM MUST BE SUBMITTED WITH BID FOR BID TO BE DEEMED RESPONSIVE. (SEE SECTION 00407) On October 1, 1990 House Bill 3181, known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR.S.1926.650, as Florida's own standards. The Bidder, by virtue of the signature below, affirms that the Bidder is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Bidder and subcontractors. The Bidder is also obligated to identify the anticipated method and cost of compliance with the applicable trench safety standards. BIDDER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT. THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. The Bidder further identified the costs and methods summarized below: -r;~~ Quantity Unit Price L-F :f~POO Unit Price Extended ~,~ Method Description Total $ .6'~a:t:' BID NO: 61-01102 DATE: 08106102 CITY OF MIAMI BEACH 38 . ' IN ORDER TO BE CONSIDERED RESPONSIVE. THE BIDDER MUST COMPLETE* THIS FORM. SIGN AND SUBMIT IT WITH ITS BID DOCUMENT. y~ (!rtM.6i. Name of Bidder Authorized Signature of *COMPLETION REQUIRES FILLING IN THE APPROPRIATE DETAILS UNDER THE HEADINGS. I.eu DESCRIPTION. UNIT. QUANTITY PRICE. UNIT PRICE. EXTENDED. AND METHOD. BID NO: 61-01102 DATE: 08/06/02 CITY OF MIAMI BEACH 39 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: 61-01/02 DATE: 08/06/02 CITY OF MIAMI BEACH 40 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 TRAN CONSTRUCTION, INC., hereinafter referred to as 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 fumish 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 twenty-one (21) calendar days of the issuance of the first Notice to Proceed. BID NO: 61-01/02 CITY OF MIAMI BEACH DATE: 08106/02 41 2.2 Time is of the essence throughout this Contract. This project shall be substantially completed within One-Hundred-Seventy (170) calendar days from the issuance of the second Notice to Proceed, and completed and ready for final payment in accordance with Article 5 within thirty (30) 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 Three-Hundred Dollars ($300.00) 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 Three-Hundred Dollars ($300.00) 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: 61-01/02 DATE: 08106/02 CITY OF MIAMI BEACH 42 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 LumD 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: 61-01102 DATE: 08106102 CITY OF MIAMI BEACH . 43 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: 61-01102 DATE: 08/06/02 CITY OF MIAMI BEACH 44 ARTICLE 5 ACCEPTANCE AND FINAL PAYMENT 5.1 Upon receipt of written notice from CONTRACTOR that the Work is ready for final inspection and acceptance, CONSULTANT shall, within ten (10) calendar days, make an inspection thereof. If CONSULTANT and Contract Administrator find the Work acceptable, the requisite documents have been submitted and the requirements of the Contract Documents fully satisfied, and all conditions of the permits and regulatory agencies have been met, a Final Certificate of Payment (Form 00926) shall be issued by CONSULTANT, over its signature, stating that the requirements of the Contract Documents have been performed and the Work is ready for acceptance under the terms and conditions thereof. 5.2 Before issuance of the Final Certificate for Payment, CONTRACTOR shall deliver to CONSULTANT a complete release of all liens arising out of this Contract, receipts in full in lieu thereof; an affidavit certifying that all suppliers and subcontractors have been paid in full and that all other indebtedness connected with the Work has been paid, and a consent of the surety to final payment; the final corrected as-built drawings; and the final bill of materials, if required, and invoice. 5.3 If, after the Work has been substantially completed, full completion thereof is materially delayed through no fault of CONTRACTOR, and CONSULTANT so certifies, CITY shall, upon certificate of CONSULTANT, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 5.4 Final payment shall be made only after the City Manager or his designee has reviewed a written evaluation of the performance of CONTRACTOR prepared by the Contract Administrator, and approved the final payment. The acceptance of final payment shall constitute a waiver of all claims by CONTRACTOR, except those previously made in strict accordance with the provisions of the General Conditions and identified by CONTRACTOR as unsettled at the time of the application for final payment. ARTICLE 6 MISCELLANEOUS 6.1 This Contract is part of, and incorporated in, the Contract Documents as defined herein. Accordingly, all of the documents incorporated by the Contract Documents shall govern this Project. BID NO: 61-01/02 DATE: 08/06/02 CITY OF MIAMI BEACH 4S 6.2 Where there is a conflict between any provision set forth within the Contract Documents and a more stringent state or federal provision which is applicable to this Project, the more stringent state or federal provision shall prevail. 6.3 Public Entity Crimes In accordance with the Public Crimes Act, Section 287.133. Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the CITY, may not submit a bid on a contract with the CITY for the construction or repair of a public building or public work, may not submit bids on leases of real property to the CITY, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the CITY, and may not transact any business with the CITY in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the CITY purchase and may result in Contractor debarment. 6.4 Indeoendent Contractor CONTRACTOR is an independent contractor under this Contract. Services provided by CONTRACTOR pursuant to this Contract shall be subject to the supervision of CONTRACTOR. In providing such services, neither CONTRACTOR nor its agents shall act as officers, employees, or agents of the CITY. This Contract shall not constitute or make the parties a partnership or joint I 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, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. BID NO: 61-01/02 DATE: 08/06/02 CITY OF MIAMI BEACH 46 The place for giving notice shall remain the same as set 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 Attn: Gus Lopez. Procurement Director With copies to: City Attornev City of Miami Beach 1700 Convention Center Drive Miami Beach. Florida 33139 For Contractor: Tran Construction. Inc. 420 Lincoln Road (M.1) Miami Beach. Florida 33139 Attn: Henry Louden. President 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: 61-01102 DATE: 08/06/02 CITY OF MIAMI BEACH 47 6.8 Materialitv 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 Acreements 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 conceming 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: 61-01/02 DATE: 08/06/02 CITY OF MIAMI BEACH 48 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. :U:~fa&~ City Clerk ~TYOF MIAMI BEACH c/ "l~ayor CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE CORPORATION OR NONCORPORATION FORMAT, AS APPLICABLE. [If incorporated sign below.] CONTRACTOR ATTEST: TRAN (Signature) rb~ r(~' By: (Secretary) '.. . (Corporate Seal) HENRY T. LOUDEN/President (Print Name and Title) 11 th day of October ,20~. [If not incorporated sign below.] CONTRACTOR WITNESSES: APPAOYEOAS TO fOAM. UNGUAGE . FOR EXECUTION By: (Name of Firm) (Signature) (Print Name and Title) _ day of ,20_. CITY REQUIRES FIVE (5) FULLY-EXECUTED CONTRACTS, FOR DISTRIBUTION. BID NO: 61-01102 DATE: 08106/02 CITY OF MIAMI BEACH 49 00708. FORM CERTIFICATE OF INSURANCE A form Certificate of Insurance will be attached here. BID NO: 61-01/02 DATE: 08106/02 CITY OF MIAMI BEACH 50 ~ "~..~..- A CORDTM CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYI 1/02/02 PRODUCER 305-822-7800 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Collinsworth, Alter, Nielson, ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Fowler & Dowling Inc (WMC/DIA) HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR i ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. J Post Office Box .931 5 Miami Laked, FL 33014-9315 INSURERS AFFORDING COVERAGE INSURED Tran Construction, Inc, . INSURER A: Amerisure Mutual Insurance Co Mr. Henry Louden INSURER s: Ohio Casualty Insurance Co. . - 420 Lincoln Road, M-1 INSURER c: .. ,Miami Beach FL 33139 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. . 1Ni': TYPE OF INSURANCE . POLICY NUMBER ~';.~;Jf!'~%~'0 'i?}!.fcY EXPIRATI~~ A ~ERAlLlABILlTY CPP132887901 1/01/02 1/01/03 X COMMERCIAL GENERAL LIABILITY I CLAIMS MADE W OCCUR UMITS EACH OCCURRENCE 1000000 FIRe DAMAGE (Anyone tire) 300000 MED EXP (Anyone personl 10000 I-- I-- ~'L AGGRe~ ~IMIT AP~ PER: I I POLlC" I X I P,~T I IlOC A ~TOM08ILE UA81UTY _ ANY AUTO _ ALL OWNED AUTOS _ SCHEDULED AUTOS L HIRED AUTOS v. ,NON-OWNED AUTOS 11 CA 132888001 1/01/02 "-fIERSONAL & ADV INJURY $ 1000000 GENERAL AGGREGATE $ 2000000 PRODUCTS. COMP{OP AGG $ 2000000 1/01/03 COMBINED SINGLE LIMIT lEa accident} $ 1000000 BODILY INJURY $ (Per personl BOOIL Y INJURY $ (Per accident) "..2;Plo Vo4 {1f1't ~.,. PROPERTY DAMAGE (Per accident) AUTO QNL Y - EA ACCIDENT $. ~GE UABIUTY ~ ANY AUTO OTHER THAN AUTO ONLY; EA ACC $ AGG $ B ~~ss LIABILITY . --1'OCCUR. 0 CLAII~S MADE BX052656080.. 1/01/02 1/01/03 EACH OCCURRENCE AGGAEGA TE 1000000 1000000 I DEDUCTIBLE -xi REl'ENT10N A WORKERS COMPENSATION AND EMPLOYERS' UABIUTY WC132887801 1/01/02. 1/01/03 X 1.fn~~I~~< I IOJ"H. E.L. EACH ACCIDENT $: E.L. DISEASE. EA EMPLOYEE $: E.L"DISEASE - POLICY LIMIT $: 500000 500000 500000 o OTHER ;;~CEIVED DESCRIPTION OF OPE~T1bNStLOCAT10NSNEHICLES{EXCLUSIONS ADDEO BY ENOORSEMENTfSPECIAl PROVISIONS Certificate holder is additional insured on the general liability policy for operations performed by the insured a'l respects to ~: sunsetIlarbour # 61-01 02 OCT 2 8 2002 TRAN CONSTRUCTION INC. CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER; CANCELLATION. City of Miami Beach 1790 Convention Center Drive ly1iami Beach, FL 33134-1814 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CAN~ELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WIU ENDEAVOR TO MAIL -2Q.. DAYS wRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO so SHAU IMPOSE NO OBLIGATION OR UABILlTY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPAESWTATlVES. ..... , AUTHopf~ REPREdJVE'y ( 1.1 I d... I ACORD 25-S [7/97l 2-14 @ACORD CORPORATION 7988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(iesJ must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement{s}. If SUBROGATION IS WAIVED, subject to the terms and conditionS. of the policy, certain policies.may . require an endorsement. A statement on this certificate does not confer rights to the ceH:ificat'l holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form do.es not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend. extend or alter the coverage afforded by the policies listed thereon. . .. ~CORD 25-$ (7/97} .~CT~1-2002 14:31 WMC DIA UNIT 3053622443 P.03 ACORDTM CERTIFICA TE OF LIABILITY INSURANCE I DAn {MlVJlDDJYYl 10/21/02 PRODUCER 305-822.7800 THIS CERTIF'ICATE IS ISSUED AS A MATTER OF INFORMATION Collinsworth, Alter, Nielson, ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Fowler & Dowling Inc (WMC/DIA) HOLDER. THIS CERTIFICATE DOeS NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THe POLICIES BELOW. . Post Office Box 931 5 Miami Lakes, FL 33014-9315 INSURERS AFFORDING COVERAGE INSURED Tran Construction, Inc. INSl,JI'tE;FlA: Amerisure Mutu~1 Insurance Co. Mr. Henry Louden INSURER e; Ohio C~sualty (Halcyon) 420 Lincoln Road, M-' JNSURER c: . ,Miami Beach FL 33139 INsuA~R D; INSURER &; COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWlTHST-ANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~~ TYPE OF INSURANCE POUCY NUMIltR ~~,>;!~TJt.':F.~~1 ~k'.w,if':~~W\" LIMITS . A' ~RA~ LiABILITY CPP1328879 1/01/02 1/01/03 EACIo! OCCURRENCE 4 1000000 X COMMERCIAL Cir:NeA~t. LIABILITY FIRE DAMAGE {Anyone fir.) 4 300000 I C"AIMS MADE ~ OCCUR MED EXP (AnV one Pt:!lrGonJ . 10000 -- PEltSONAL & AD'v INJURV $ 1000000. GEN!RAl. AGGREGATi . 2000000 ;ri'L AGGREGATE LIMIT A""~leS PEl!, PRODUCTS. COMPIOP AGG . 2000000 i POLlcvl=1"~9.;. n L.OC A ~OMOBlLE L1ABllITV CA 1 3:28880 1/01/0:2 1101/03 COMBINED SiNGLE LIMIT (1:1:;; ~ccider\t) $ 1 OOOQOD f-- ANY AUTO ~- A1.L OWNED AUTOS BODIL V INJURV . SCHEDULED AUTCS fPl!:ll person) f- 0 HIReo AUTOS 800JL V INJURV . cK NON.OWNEC AUTOS (Pet .c~~'nt' - PROPERTY DAMAGE . (Per ICCident) ~RAGE UAllILlTV AUTO ON~ V . EA ACCIDll>lT $ ! ANY AUTO OTJotEA. YHAN EAACC . AUTO ONL. Y; AGG . 6 EXCESS LiABILITY aX052656080 1101/02 1101/03 EACIo! OCCURRENCE 4 1000000 ~:2frOCClJR 0 CLAIMS MADE AGGREGATE . 1000000 . R DEDUCTIBLE $ I\ETEI>lTION . . !WORKERS COMPENSATION ANI;) l-ro~y~r :;rlt~ I I"/~. .:EMPl.OY~RS' LIABILiTY E.~. EACH ACCIOeNT . E.L DISEASE. EA eMPLOYEE $ , c.L OIS'ASE . POLICY l..llVIlT . ~.O"''''I!!R , OEset;l'FTlON OF OPEAATIONSILOCATIONSIVEHtCLE$/~XCLUSIONS AODED BY ENDORSElYENTISPEClAL PRO\IISIONS Project: Sunset Harbour Drain~ge Project II: 61-01/02 The City of Miami BeaCh is named <IS addition~1 insured as respBCts to General Liability tot work performed by the insured. CeR1:IFlCATE HOLDER I I ADDlTIONAl INSUIlED; INSURER LETTER: CANCELLATION City of Miami Beach $HOULD /U4Y OF THE AeOVe DESCRlIll!O POLICIES Ill! CANCELLEO BEFORe T>le exPIRATION DATE THEREOF. TilE ISSUING INSURER WlU ENDEAVOR TO MAIL ~ DAYS WRITTEN Procurement Division NOTICE TO THE CERTIFICATE HOlDeR NAMEO 1'0 THE LEFT. BUT FAlLUIlE TO 00 so S>fAU 1700 Convention Center Drive IMPOSE; NO OeUGATtON OR UA.8U.1TY OF ~y KIND UftON THE INSURER~ ".5 AGENTS OR Miami Beach, FI 33139 REP~nVES. ~ " I I AUTIlO~REPRE~ve J (lI1L ACOFlD 25-S (7/97} 2. 2 Ii) ACORD CORPORATION 1988 .- ",\ ~ .... PRODUCER ONLY AND CON~ERS NO RIGHTS UPON THE CERTIFICA TIO HOLDER; THIS CERTIFICATE DOES NOT AMEND, EXTEND OR AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. RISK TRANSFER SOLUTIONS, INC. LANDMARK CENTER ONE 315 EAST ROBINSON STREET, STE. 580 ORLANDO. FL 32801 COMPANIES AFFORDING COVERAGE COMF'^NY A FIRST COMMERCIAL MUTUAL . '.. ,.--..-..- ----.-- OMPl(N'i' INSURED PRESIDION SOLUTIONS I - V, INC. B 4400 PGA eOULeVAR.D, SUITE 1000 COMPANY PALM BEACH GARDENS, FL 33410 c PH: a0Q..477.5606 I COMPANY tI f I ~tY \ P S 0 C ERI D INDICATEO, NOTWITHSTANOING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 5E ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDeO BY THE PO~ICIES DE;SCRIBED HEREIN IS SUBJECT TO ALL THe TeRMS. exCLUSION AND CONTITION OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co-- .'..N.. Cl,lr;Ykl-~~r;IlV~ I PQLlt;Y~TRATrON L'TR TYpE OF INSURANCE POLICY NUMBER DATE (MMlDDfIIY) DATE (MMlDDNY) LIMITS GENERAL UABILITY CO~MERCIAL GENERAL LIAaILlT'l' CLAIMS MACe 0 OCCUR i OWNER'S "CON~TOR'S PROT . f PRODU~~~MP~P AGG $ I PERSONAL. & AOV INJURY $ EACH OCCURRENCE FIRE OAMAG I....... ,'O, ~ MEDEXP IAnyONloPl'~) $ I --~> -- ----. s I AUTOMOBILE UABILITY f<NV AVTO ALL OWNeD AurOS SCHEOULEO AUTOS HIRED AUTOS NONoOWNEO AlJrDS COM81NED SINGLE LIMIT IParpars.onl eoDIL Y INJURY ....ocdd..., PROPERTY DAMAGE AUTO ONL Y-'EA ACC1DENT 5 ER'"T'Pf~ONCV::------'--'.'_."-'-" EACH ACCIDENT $ AG-crRE~'r'C'$-" EACH OCCURRENCE S ""'GREGA TE OTHeR THAN UMBREtLA FORM A !WOA~ER'SCOMPENSAnONANO EMJ'LOVEA'S U"B1LITV THE PI\OPRlETOIV . PARTNEI'lSIEXECUTIVi OFFICERS ARE; I :X-, INCL b EXCL 0810112002 07/3112003 om 'R 15846-0 J-----,;aOlr;oO'o' -- EL OISEASE.POLICY LIMIT J 1,000,000 ! -_._.._.~._-- EL OISE4SE-EA EMPLOYEE S 1,000,000 OTHER LOCATION COVERAGE 08/1312002 07/31/2003 O~$CRlPTION OF OPEIlATIONSlLOCAnOll$MlHlCLS$/SPEI;IAL IlEMS ONLY THOSe EMPLOYEES LEASED TO. IN FLORIDA, BUT NOT SUBCONTAACTORS OF: 9255 TRAN CONSmUCTION, INC. 420 LINCOLN RO #M-1, MIAMI BEACH, FL 33129 PAOJ; SUNSET HARBOR DRAINAGE PAOJ # 61-01-02 THE CITY OF MIAMI BEACH PROCURMENT DIVISION 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FL 33139- SHOULD ANY OF THE ABOIIE DESCRIBED POLICIES BE CANCELLED BEFORE THE F.XPI....TION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO ""'L:lO DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO nte LEFT. BUT FAlL.URE TO MAil SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF "NY KlNO UPON THE =MPANY. ITS AGENTS OR I\EPRESENTATNES. AUTHORIZED REPRE Paul R. Hugh.. 1ilil ~g iIlilRC. Hl/Hl 39'Jd S3IN'JdWD8 3NIHSNnS 12:1698<:<:981 1c1698[[981 81:60 2:002:/L0/01 Nielson, Alter & Associates, Inc. Bond Department Public Works Bond IN COMPLIANCE WITH FLORIDA STATUTES 255.05(1)(a) Bond No. 103703534 Contractor Tran Construction, Inc. Contractor Address 420 Lincoln Road Miami BeachFL33139 Contractor Phone No. (305) 673-5427 Surety Company Surety Address Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 Surety Phone No. (860)277-0111 Owner Name The City of Miami Beach Owner Address 1700 Convention Center Drive Miami Beach, FL 33139 Owner Phone Number (305) 673-7495 Obligee Name (If contracting entity is different from the owner, the contracting public entity) Obligee Address Obligee Phone No. Contract No. (If Applicable) Bid No. 61-01/02 Project Name Modifications Construction of the Sunset Harbour Drainage Structures Project Location Miami Beach, FL Legal Description and Street Address In Island View Park at the Intersection of Dade Boulevard and Purdy Avenue (Sunset Harbour Drive), at the Entrance to the Marina located at the Intersection of Purdy Avenue and 18th Street, in the Median Strip at the Intersection of 20th Street & West Avenue. Description of Work Modifications to Drainage System FRONT PAGE All other bond pagels) are deemed subsequent to this page regardless of any page number(s) that may be preprinted thereon. Bond'No. 103703534 00710. FORM OF PERFORMANCE BOND BY THIS BOND, We THAN CONSTRUCTION. INC. , as Principal, hereinafter called CONTRACTOR, and Travelers Casualty and Surety Company of America , as Surety, are bound to the City of Miami Beach, Florida.... as Obliaee, hereinafter called CITY, in the amount of Three Hundred ~ighty Four Ttiousand And No/100** Dollars ($ 384,000 ) 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.: 61-01/02 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 CbONTRACJOR and CITY for construction of Construction o~ t;he ~unset Har our Dra1nage the C ntract be'lng Strnctures Mod1f1cat1ons , 0 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: 61-01102 DATE: 08/06/02 CITY OF MIAMI BEACH 51 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. I Signed and sealed this ~ay of ~j~ , 20 ~;;Z . BID NO: 61-01/02 DATE: 08/06/02 CITY OF MIAMI BEACH 52 FORM OF PERFORMANCE BOND WITNESSES: (CORPORATE SEAL) IN THE PRESENCE OF: BID NO: 61-01102 DATE: 08/06/02 (Continued) By: (Si r ~NZ -';~-~~-r- (Print me and Title) INSURANCE COMPANY: Surety Company By: Address: One Tower Square (Street) Hartford, CT 06183 (City/State/Zip Code) Telephone No.: (860)277-0111 CITY OF MIAMI BEACH 53 TRAVELERS CASUALTY AND SURETY COMPANY OF MYfElUCA TRA YELERS CASUALTY AND SURETY COMPANY FA.R1vlJNGTON CASUALTY COlVlPANY , Hartford, Conn~cticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMl'ANY OF AlVlERlCA, TRAVELERS CASUALTY AND SURETY COlYIPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut" (hereinafter the "Companies") hath made, constituted and appointed, and do by these, presents make, constitute and appoint: Charles D. Nielson, Charles J. Nielson, Laura Lee Clymer, Mary C. Aceves, Warren M. Alter, of,Miami Lakes, Florida, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, ,execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of inderrmity, and other writings obligatory, in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same ehient as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under arid by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED:TItat the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the CO'llorate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact, and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's nante and seal with the Company's seal bonds,recogruzances, contracts of indeffinity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given, him or her. VOTED: That the Chainnan, the President, any Vice Ghairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is ftled in the office of the Secretary: VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond; recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certific,ate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority, This Power of Attorney and Certificate of Authority is signed aud sealed by facsimile under and by authority of the following StandingR~solutiori voted by the Boal-ds of Directors of TRAVELERS CASUALTY AND SURETY COlYI;I'ANY OF AlVIERICA, TRAVELERS CASUALTY AND SURETY COIYIPANY and FARMINGTON CASUALTY COIYIPANY, whicb Resolution is now in full force and 'effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secrelary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any cerlificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Facl for purposes only of executing and attesting. bonds and Wldertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. ' (l-OO Slandard) IN \VITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS C-ASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COl\fi>ANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 11 th day of October 2000. STATE OF CONNECTIC1IT } SS. Hartford COUNTY OF HARTFORD TRAVELERS CASUALTY AND SURETY COMPANY OF Al\fERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY '\I"~~. . lr--~-'\~ Of . IWlTFOI\O, \ ;. ~\ coo:;!). Ie ,.;....._.-.~l './. ... "t . . .. By George W. Thompson Senior Vice President On tlus 11th day of October, 2000 before me personally carrie GEORGE W. THOMPSON to me known. who. being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COl\fi>ANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. . '\'r\ ~ ..j -- ,~ c.~ My commission expires June 30, 2001 Notary Public Marie C. Tetreault CERTIFICATE. I. the .und~rsigried. Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COl\fi>ANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut. DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not be!;n revoked; and furtllennore, that the Standing Resolutions of the Boards of Directors. as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Co.mpany, in the City of Hartford,. State of COImecticut. Dated this ,20 . day of ., .... . "\l.I:ls:u..t'~ $- ........,t'D.; .r ,~ I ~ (::OROf!)' ;. ~\ c~. Ie '. ,,'Ii ~'l,"'-""# ';i .. 'Gl ........ =;;;;c. )1/L ,.., pJ - .. . By. ..~ Kori M. Johanson Assistant Secretary, Bond Bond No. 103703534 00720. FORM OF PAYMENT BOND BY THIS BOND, We TRAN CONSTRUCTION. INC. , as Princip.al, hereinafter called CONTRACTOR, Travelers Casualty and Surety Company of America , as Surety, are bound to the City of Miami Beach, Florida.... as Obliqee, hereinafter called CITY, in the amount of Three Hundred ~ighty Fou~Thousand And No/100** Dollars ($384,000.00 ) whereof CONTRACTOR and Surety bind themselves, their administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has by written agreement entered into a Contract, Bid/Contract No.: 61-01/02 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"; and for the payment heirs, executors, THE CONDITION OF THIS BOND is that if CONTRACTOR: 1. Pays CITY all losses, liquidated damages, expenses, costs and attomey'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: 61-01102 CITY OF MIAMI BEACH DATE: 08/06/02 54 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 after performance of the labor or after complete delivery of the materials or supplies, deliver to CONTRACTOR and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. 2.3. No action for the labor, materials, or supplies may be instituted against CONTRACTOR or the Surety unless the notices stated under the preceding conditions (2.1) and (2.2) have been given. 2.4. Any action under this Bond must be instituted in accordance with the 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 ~ay of . Mlp ,20~ CONTRACTOR ATTEST: By: (Corporate Seal) BID NO: 61-01102 DATE: 08/06/02 CITY OF MIAMI BEACH 55 IN THE PRESENCE OF: BID NO: 61-01102 DATE: 08/06/02 INSURANCE COMPANY: Surety Company By: Agent and Attorney-in-Fact Warren M. Alter Address: One Tower Square (?treet) Hartford, CT 06183 (City/State/Zip Code) Telephone No.: (860)277-0111 CITY OF MIAMI BEACH 56 00721. CERTIFICATE AS TO CORPORATE PRINCIPAL If&1frY r: Ul//~ / Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that 1Ien~ -,-; Ul/dt!U1 , who signed the Bond(s) on behalf of the Principal, was then ~/A -j- of said corporation: that I know his/her signature; and his/her . signature thereto is genuine: d that said Bond(s) was (were) duly signed, sealed and attested to on behal orporation by authority of its governing body. I, , certify that I am the (SEAL) ehalf of) fr/tf1 ~:7~ti?l. k. Corporation J STATE OF FLORIDA ) ) SS COUNTY OF MIAMI-DADE ) Before me, a Notary Public dU!1 commissioned, qualified and acting personally, appeared . I!tHt 7 r; L,J/I!f tU( .. . 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 ""'~.A{,..u Sworn , 20 <02. . to before me this 7.?~ day of c1vu~ rtn r(~- Notary Public, State of l10VldCl Bonded by BID .NO: 61-01/02 DATE: 08/06/02 CITY OF MIAMI BEACH 57 '. . "" TRAVELERS CASUALTY AND SURETY COMPANY OF MYfERICA TRAVELERS CASUALTY AND SURETY COMPANY FAlUvlJNGTON CASUALTY COlYlPANY Hartford, Connecticut 06183-9062 i' - POWER OF ATTORNEY AND CERTIFICATE OF AUTHOlUTY Olf ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AlYIERICA, TRAVELERS CASU'ALTY AND SURETY COlYIPANY and FARMINGTON CASUALTY COMPANY , corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Charles D. Nielson, Charles J. Nielsoll, Laura Lee Clymer, Mary C. Aceves, Warre~ M. Alter, of,Miami Lakes, Florida, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, . execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indenmity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is.made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED:TImt the Chainnan, the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the COI1lorate Secretary or W1Y Assistant Secretary may appoint Attorneys-in-Fact. and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indeffinity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chainnan, the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary: VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, W1Y Vice Chainnan, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if . required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority, This Power or Attorney and Certificate of Authority is signed aud sealed by facsimile under and by authority of the following Standing R~solutiorivoted by the Boards of Directors of'rRAVELERS CASUALTY AND SURETY CO!\'lrANY OF" AMERICA, TRAVELERS CASUALTY AND SURETY COMl'ANY and FARMINGTON CASUALTY COlVIPANY, which Resolution is now in full force and 'effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affil<ed by facsimile to any power of attorney or to W1Y certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting. bonds and undertakings and oUler writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company Wid any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future wiUl respect to any bond or undertaking to which it is attached. p-oo SLl1lldu.rd) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COJ\1PANY OF AMERICA, TRAVELERS C-ASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 11 th day of October 2000. STATE OF CONNECTlCtIT } SS, Hartford COUNTY OF HARTFORD 'ft' ~~:\.. Y'-" \\ ~(~:~1!Jj~j} o;l;." ....;-..~<" , .... TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY By George W. Thompson Senior Vice President On tlus 11th day of October, 2000 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COJ\1P ANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporatio'nsdescribed in and which executed the above instrument; that he/she knows 'the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. '\'r\ ~ ..j -- .~ c.. ~ My commission expires June 30, 2001 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigried, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Aut110rity remains in full force and has not been revoked; and furt11ermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford" State of Connecticut. Dated this ,20 day of .' ~.... . 6,'''llll. t~~ 'li....S\\ ~.;! I HARTF~O.RD') ~ ~\ com. /Il '2,'. .'''' ..,.,'~ "#" ~ -;..~ ... ~-M-~ By . . Kori M. Johanson Assistant Secretary, Bond , .... . ~'... - 00735. PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT: Date of Issue Issuing Bank's No. Beneficiarv: ADDlicant: City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Amount: in United States Funds Expiry: (Date) Bid/Contract Number We hereby authorize you to draw on (Bank, Issuer name) at by order (branch address) of and for the account of (contractor, applicant, customer) up to an aggregate amount, in United States Funds, of by your drafts at sight, accompanied by: available 1. A signed statement from the City Manager or his authorized designee, that the drawing is due to default in performance of certain obligations on the part (contractor, applicant, customer) agreed upon by and between the City of Miami Beach, Florida and (contractor), pursuant to the (applicant, customer) Bid/Contract No. for (name of project) and Section 255.05, Florida Statutes. Drafts must be drawn and negotiated not later than (expiration date) BID NO: 61-01102 DATE: 08/06/02 CITY OF MIAMI BEACH 58 Drafts must bear the clause: "Drawn under Letter of Credit No. (Number), of (Bank name) dated This Letter of Credit shall be renewed for successive periods of one (1) year each unless we provide the City of Miami Beach with written notice of our intent to terminate the credit herein extended, which notice must be provided at least thirty (30) days prior to the expiration date of the original term hereof or any renewed one (1) year term. Notification to the CITY that this Letter of Credit will expire prior to performance of the contractor's obligations will be deemed a default. This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not in any way be modified, or amplified by reference to any documents, instrument, or agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this credit that such drafts will be duly honored upon presentation to the drawee. Obligations under this Letter of Credit shall be released one (1) year after the Final Completion of the Project by the (contractor, applicant, customer) This Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict between the law of another state or country and Florida law should arise, Florida law shall prevail. Authorized Signature BID NO: 61-01102 DATE: 08/06/02 CITY OF MIAMI BEACH S9 00800. GENERAL CONDITIONS: 1. Proiect Manual: 1.1. The Project Manual includes any general or special Contract conditions or specifications attached hereto. 1.2. The Project Manual, along with all documents that make up and constitute the Contract Documents, shall be followed in strict accordance as to work, performance, material, and dimensions except when CONSULTANT may authorize, in writing, an exception. 1.3. Dimensions given in figures are to hold preference over scaled measurements from the drawings; however, all discrepancies shall be resolved by CONSULTANT. CONTRACTOR shall not proceed when in doubt as to any dimension or measurement, but shall seek clarification from CONSULTANT. 1.4. CONTRACTOR shall be furnished three (3) copies, free of charge, of the Project Manual; two of which shall be preserved and always kept accessible to CONSULTANT and CONSUL TANrs 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 NO: 61-01102 DATE: 08/06/02 CITY OF MIAMI BEACH 60 3. Preliminarv Matters: 3.1. Within five (5) calendar days prior to the pre-construction meeting described in Section 3.2, CONTRACTOR shall submit to CONSULTANT for CONSULTANT's review and acceptance: 3.1.1. A progress schedule in the indicated form: [ ] Bar Chart [ ] Modified CPM [ ] CPM [Xl 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: 61-01/02 DATE: 08I06I02 CITY OF MIAMI BEACH 61 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 fumish 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: 61-01102 DATE: 08/06/02 CITY OF MIAMI BEACH 62 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 Securitv: 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 Suretv: 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: 61-01/02 DATE: 08/06102 CITY OF MIAMI BEACH 63 company shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the surety company shall provide CITY with evidence satisfactory to CITY, that such excess risk has been protected in an acceptable manner. 5.1.3. The CITY will accept a surety bond from a company with a rating of B+ or better for bonds up to $2 million, provided, however, that if any surety company appears on the watch list that is published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the CITY shall review and either accept or reject the surety company based on the financial information available to the CITY. A surety company that is rejected by the CITY may be substituted by the Bidder or proposer with a surety company acceptable to the CITY, only if the bid amount does not increase. The following sets forth, in general, the acceptable parameters for bonds: Policy- Financial holder's Size Amount of Bond Ratinos Cateaorv 500,001 to 1,000,000 B+ Class I 1,000,001 to 2,000,000 B+ Class II 2,000,001 to 5,000,000 A Class III 5,000,001 to 10,000,000 A Class IV 10,000,001 to 25,000,000 A Class V 25,000,001 to 50,000.000 A Class VI 50,000,001 or more A Class VII 5.2. For projects of $500,000.00 or less, CITY may accept a Bid Bond, Performance Bond and Payment Bond from a surety company which has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued, if the surety company is otherwise in compliance with the provisions of the Florida Insurance Code, and if the surety company holds a currently valid certificate of authority issued by the United States Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States Code, as may be amended from time to time. The Certificate and Affidavit so certifying (Form 00722) should be submitted with the Bid Bond and also with the Performance Bond and Payment Bond. BID NO: 61-01/02 DATE: 08106102 CITY OF MIAMI BEACH 64 5.3. More stringent requirements of any grantor agency are set forth within the Supplemental Conditions. If there are no more stringent requirements, the provisions of this section shall apply. 6. Indemnification: 6.1 CONTRACTOR shall indemnify and hold harmless CITY, its officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of CONTRACTOR and persons employed or utilized by CONTRACTOR in the performance of this Agreement. Except as specifically provided herein, this Agreement does not require CONTRACTOR to indemnify CITY, its employees, officers, directors, or agents from any liability, damage, loss, claim, action, or proceeding. These indemnifications shall survive the term of this Agreement. In the event that any action or proceeding is brought against CITY by reason of any such claim or demand, CONTRACTOR shall, upon written notice from CITY, resist and defend such action or proceeding by counsel satisfactory to CITY. 6.2 The indemnification provided above shall obligate CONTRACTOR to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at CITY's option, any and all claims of liability and all suits and actions of every name and description covered by Section 6.1 above which may be brought against CITY whether performed by CONTRACTOR, or persons employed or utilized by CONTRACTOR. 7. Insurance Reauirements: 7.1 . Without limiting any of the other obligations or liabilities of CONTRACTOR, CONTRACTOR shall provide, pay for, and maintain in force until all of its work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverages set forth herein. 7.1.1. Workers' Compensation insurance to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) must include: BID NO: 61-01102 DATE: 08106/02 CITY OF MIAMI BEACH 65 7.1.1.1. ... <""'T;>."':,,"'>"jf",,"", ,;",</",,';:<:>("C'i<' ",:," >>' .,' Employers' Liability with a limit of Pf'. ,IMlllloh~ Dalfars ($1,cmO;OOO.oo) Dollars ($) each accident. 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. c;()rnpreh7nsiveG7n7r~I,Li.ability with minimum limits of ~~ .'1~19Il'Dqllar$'($1~QQ(),(),QO~QQ) 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: 7.1.1.2. [X] 7.1.2.1. Premises and/or Operations. [ X] 7.1.2.2. Independent Contractors. [ X] 7.1.2.3. Products and/or Completed Operations for contracts over Fifty Thousand Dollars ($50,000.00) CONTRACTOR shall maintain in force until at least three years after completion of all work required under the Contract, coverage for Products and Completed Operations, including Broad Form Property Damage. [ X] 7.1.2.4. Explosion, Collapse and Underground Coverages. [ X] 7.1.2.5. Broad Form Property Damage. [X] 7.1.2.6. Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. [ ] 7.1.2.7. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. [ X] 7.1.2.8. CITY is to be expressly included as an Additional Insured with respect to liability arising out of operations perfon'ned for CITY by or on behalf of CONTRACTOR or acts or omissions of CONTRACTOR in connection with general supervision of such operation. BID NO: 61-01/02 CITY OF MIAMI BEACH DATE: 08/06/02 66 7 .1.3. ~~!)i~~~~ t-utom()bil~ .. Liability with minimum limits of <:I~il~'J'C)" g~fJl~.:!($lf!~~Ql)iqctQ~b)) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: 7.1.3.1. 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. Waiver of Occupancy Clause or Warranty--Policy must be specifically endorsed to eliminate any "Occupancy Clause" or similar warranty or representation that the building(s), addition(s) or structure(s) in the course of construction shall not be occupied without specific endorsement of the policy. The Policy must be endorsed to provide that the Builder's Risk coverage will continue to apply until final acceptance of the building(s), addition(s) or structure(s) by CITY. [ ] 7.1.4.2. Flood Insurance--When the buildings or structures are located within an identified special flood hazard area, flood insurance must be afforded for the lesser of the total insurable value of such buildings or structures, or, the maximum amount of flood insurance coverage available under the National Flood Program. [] 7.1.5. Installation Floater for the installation of machinery and/or equipment into an existing structure is/is not required. The coverage shall be "All Risk" coverage including installation and transit for 100 percent of the "installed replacement cost value," covering CITY as a named insured, with a deductible of not more than Five Thousand Dollars ($5,000.00) each claim. BID NO: 61-01102 DATE: 08/06/02 CITY OF MIAMI BEACH 67 7.1.5.1. Cessation of Insurance--Coverage is not to cease and is to remain in force (subject to cancellation notice) until final acceptance by CITY. 7.1.5.2. Flood Insurance--When the machinery or equipment is located within an identified special flood hazard area, flood insurance must be afforded for the lesser of the total insurable value of such buildings or structure, or, the maximum amount of flood insurance coverage available under the National Flood Program. 7.2. If the initial insurance expires prior to the completion of the work, renewal copies of policies shall be furnished at least thirty (30) days prior to the date 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: 61-01102 DATE: 08/06/02 CITY OF MIAMI BEACH 68 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 Imcact 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: 61-01102 DATE: 08/06/02 CITY OF MIAMI BEACH 69 12. Resolution of DisDutes: 12.1 To prevent all disputes and litigation, it is agreed by the parties hereto that CONSULTANT shall decide all questions, claims, difficulties and disputes of whatever nature which may arise relative to the technical interpretation of the Contract Documents and fulfillment of this Contract as to the character, quality, amount and value of any work done and materials furnished, or proposed to be done or furnished under or, by reason of, the Contract Documents and 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 determination of a dispute under this Article is unacceptable to either party hereto, the party objecting to the determination must notify the other party in writing within ten (10) days of receipt of the written determination. The notice must state the basis of the objection and must be accompanied by a statement that any Contract Price adjustment claimed is the entire adjustment to which the objecting party has reason to believe it is entitled to as a result of the determination. Within sixty (60) days after Final Completion of the Work, the parties shall participate in mediation to address all objections to any determinations hereunder and to attempt to prevent litigation. The mediator shall be mutually agreed upon by the parties. Should any objection not be resolved in mediation, the parties retain all their legal rights and remedies provided under State law. A party objecting to a determination specifically waives all of its rights provided hereunder, including its rights and remedies under State law, if said party fails to comply in strict accordance with the requirements of this Article. BID NO: 61-01/02 DATE: 08106/02 CITY OF MIAMI BEACH 70 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, CONSULTANT's instructions, any laws, ordinances, or any public authority require any of the Work to be specially tested or approved, CONTRACTOR shall give CONSULTANT timely notice of readiness of the Work for testing. If the testing or approval is to be made by an authority other than CITY, timely notice shall be given of the date fixed for such testing. Testing shall be made promptly, and, where practicable, at the source of supply. If any of the Work should be covered up without approval or consent of CONSULTANT, it must, if required by CONSULTANT, be uncovered for examination and properly restored at CONTRACTOR's expense. 13.1.2. Reexamination of any of the Work may be ordered by CONSULTANT with prior written approval by the Contract Administrator, and if so ordered, the Work must be uncovered by CONTRACTOR. If such Work is found to be in accordance with the Contract Documents, CITY shall pay the cost of reexamination and replacement by means of a Change Order. If such Work is not in accordance with the Contract Documents, CONTRACTOR shall pay such cost. 13.2. Inspectors shall have no authority to permit deviations from, nor to relax any of the provisions of, the Contract Documents nor to delay the Contract by failure to inspect the materials and work with reasonable promptness without the written permission or instruction of CONSULTANT. 13.3. The payment of any compensation, whatever may be its character or form, or the giving of any gratuity or the granting of any favor by CONTRACTOR to any inspector, directly or indirectly, is strictly prohibited, and any such act on the part of CONTRACTOR will constitute a breach of this Contract. 14. 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: 61-01102 DATE: 08106/02 CITY OF MIAMI BEACH 71 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: 61-01/02 DATE: 08106/02 CITY OF MIAMI BEACH 72 15. CITY's Riaht to Terminate Contract: 15.1. If CONTRACTOR fails to begin the Work within fifteen (15) calendar days after the Project Initiation Date, or fails to perform the Work with sufficient workers and equipment or with sufficient materials to insure the prompt completion of the Work, or shall perform the Work unsuitably, or cause it to be rejected as defective and unsuitable. or shall discontinue the prosecution of the Work pursuant to the accepted schedule or if CONTRACTOR shall fail to perform any material term set forth in the Contract Documents or if CONTRACTOR shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry on the Work in an acceptable manner, Contract Administrator may give notice in writing to CONTRACTOR and its Surety of such delay, neglect or default, specifying the same. If CONTRACTOR, within a period of five (5) calendar days after such notice, shall not proceed in accordance therewith, then CITY may upon written certificate from CONSULTANT of the fact of such delay, neglect or default and CONTRACTOR's failure to comply with such notice, terminate the services of CONTRACTOR, exclude CONTRACTOR from the Project site and take the prosecution of the Work out of the hands of CONTRACTOR, and appropriate or use any or all materials and equipment on the Project site as may be suitable and acceptable. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Project is completed. In addition CITY may enter into an agreement for the completion of the Project according to the terms and provisions of the Contract Documents, or use such other methods as in CITY's sole opinion shall be required for the completion of the Project according to the terms and provisions of the Contract Documents, or use such other methods as in CITY's sole opinion shall be required for the completion of the Project in an acceptable manner. All damages, costs and charges incurred by CITY, together with the costs of completing the Project, shall be deducted from any monies due or which may become due to CONTRACTOR. In case the damages and expenses so incurred by CITY shall exceed the unpaid balance, then CONTRACTOR shall be liable and shall pay to CITY the amount of said excess. 15.2. If after notice of termination of CONTRACTOR's right to proceed, it is determined for any reason that CONTRACTOR was not in default, the rights and obligations of CITY and CONTRACTOR shall be the same as if the notice of termination had been issued pursuant to the Termination for Convenience clause as set forth in Section 15.3 below. BID NO: 61-01/02 DATE: 08106/02 CITY OF MIAMI BEACH 73 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 relating to commitments which had become firm prior to the termination. Payment shall include reasonable profit for work/services satisfactorily performed. No payment shall be made for profit for work/services which have not been performed. 15.4. Upon receipt of Notice of Termination pursuant to Sections 15.1 or 15.3 above, CONTRACTOR shall promptly discontinue all affected work unless the Notice of Termination directs otherwise and deliver or otherwise make available to CITY all data, drawings, specifications, reports, estimates, summaries and such other information as may have been required by the Contract Documents whether completed or in process. 16. CONTRACTOR's Riaht to Stoe Work or Terminate Contract: Should CONSULTANT fail to review and approve or state in writing reasons for nonapproval of any Application for Payment within twenty (20) days after it is presented, or if CITY fails either to pay CONTRACTOR within thirty (30) days after presentation by CONSULTANT of any sum certified by CONSULTANT, or to notify CONTRACTOR and CONSULTANT in writing of any objection to the Application for Payment, then CONTRACTOR may, give written notice to CITY and CONSULTANT of such delay, neglect or default, specifying the same. If CITY or CONSULTANT (where applicable), within a period of ten (10) calendar days after such notice shall not remedy the delay, neglect, or default upon which the notice is based, then CONTRACTOR may stop work or terminate this Contract and recover from CITY payment for all work executed and reasonable expenses sustained therein plus reasonable termination expenses. Any objection made by CITY to an Application for Payment shall be submitted to CONSULTANT in accordance with the provisions of Article 12 hereof. 17. Assianment: Neither party hereto shall assign the Contract or any subcontract in whole or in part without the written consent of the other, nor shall CONTRACTOR assign any monies due or to become due to it hereunder, without the previous written consent of the Mayor and City Commission. BID NO: 61-01/02 DATE: 08/06/02 CITY OF MIAMI BEACH 74 18. Riohts 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. Differino 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: 61-01/02 DATE: 08/06/02 CITY OF MIAMI BEACH 7S 20. Plans and Workinc Drawincs: 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 portions of the Project Manual, the written portion shall govern. 21. CONTRACTOR to Check Plans. Soecifications and Data: CONTRACTOR shall verify all dimensions, quantities and details shown on the plans, specifications or other data received from CONSULTANT, and shall notify CONSULTANT of all errors, omissions and discrepancies found therein within three (3) calendar days of discovery. CONTRACTOR will not be allowed to take advantage of any error, omission or discrepancy, as full instructions will be furnished by CONSULTANT. CONTRACTOR shall not be liable for damages resulting from errors, omissions or discrepancies in the Contract Documents unless CONTRACTOR recognized such error, omission or discrepancy and knowingly failed to report it to CONSULTANT. 22. CONTRACTOR's Resoonsibilitv for Damaces 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. Warrantv: 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: 61-01102 DATE: 08/06/02 CITY OF MIAMI BEACH 76 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: 61-01/02 DATE: 08106102 CITY OF MIAMI BEACH 77 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 fumish 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: 61-01102 DATE: 08106/02 CITY OF MIAMI BEACH 78 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 Comoleted 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 oftime 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: 61-01102 DATE: 08/06/02 CITY OF MIAMI BEACH 79 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 shall complete all items noted on the Certificate of Substantial Completion within the time specified by CONSULTANT on the Certificate of Substantial Completion, as soon as possible and request final inspection and final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, CONSULTANT shall issue a Final Certificate of Payment relative to the occupied area. 29.2.5. If CITY finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by CITY and CONTRACTOR and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of CONTRACTOR and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. 30. Lands for Work: 30.1. CITY shall provide, as may be indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto and such other lands as are designated by CITY or the use of CONTRACTOR. 30.2. CONTRACTOR shall provide, at CONTRACTOR's own expense and without liability to CITY, any additional land and access thereto that may be required for temporary construction facilities, or for storage of materials. CONTRACTOR shall fumish to CITY copies of written permission obtained by CONTRACTOR from the owners of such facilities. 31. Leaal Restrictions and Traffic Provisions: CONTRACTOR shall conform to and obey all applicable laws, regulations, or ordinances with regard to labor employed, hours of work and CONTRACTOR's general operations. CONTRACTOR shall conduct its operations so as not to BID NO: 61-01/02 DATE: 08106/02 CITY OF MIAMI BEACH 80 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 Damace to Existinc Facilities. Ecuioment or Utilities: 32.1. As far as possible, all existing utility lines in the Project area have been shown on the plans. However, CITY does not guarantee that all lines are shown, or that the ones indicated are in their true location. It shall be the CONTRACTOR oS responsibility to identify and locate all underground and overhead utility lines or equipment affecting or affected by the Project. No additional payment will be made to the CONTRACTOR because of discrepancies in actual and plan location of utilities, and damages suffered as a result thereof. 32.2. The CONTRACTOR shall notify each utility company involved at least ten (10) days prior to the start of construction to arrange for positive underground location, relocation or support of its utility where that utility may be in conflict with or endangered by the proposed construction. Relocation of water mains or other utilities for the convenience of the CONTRACTOR shall be paid by the CONTRACTOR. All charges by utility companies for temporary support of its utilities shall be paid for by the CONTRACTOR. All costs of permanent utility relocation to avoid conflict shall be the responsibility of the utility company involved. No additional payment will be made to the CONTRACTOR for utility relocations, whether or not said relocation is necessary to avoid conflict with other lines. 32.3. The CONTRACTOR shall schedule the work in such a manner that the work is not delayed by the utility providers relocating or supporting their utilities. The CONTRACTOR shall coordinate its activities with any and all public and private utility providers occupying the right-of-way. No compensation will be paid to the CONTRACTOR for any loss of time or delay. 32.4. All overhead, surface or underground structures and utilities encountered are to be carefully protected from injury or displacement. All damage to such structures is to be completely repaired within a reasonable time; needless delay will not be tolerated. The CITY reserves the right to remedy such damage by ordering outside parties to make such repairs at the expense of the CONTRACTOR. All such repairs made by the CONTRACTOR are to be made to the satisfaction of the utility owner. All damaged utilities must be replaced or fully repaired. All repairs are to be inspected by the utility owner prior to backfilling. BID NO: 61-01102 DATE: 08/06102 CITY OF MIAMI BEACH181 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 acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. However, any substitution accepted by CONSULTANT shall not result in any increase in the Contract Price or Contract Time. By making a request for substitution, CONTRACTOR agrees to pay directly to CONSULTANT all CONSULTANT's fees and charges related to CONSULTANT's review of the request for substitution, whether or not the request for substitution is accepted by CONSULTANT. Any substitution submitted by CONTRACTOR must meet the form, fit, function and life cycle criteria of the item proposed to be replaced and there must be a net dollar savings including CONSULTANT review fees and charges. If a substitution is approved, the net dollar savings shall be shared equally between CONTRACTOR and CITY and shall be processed as a deductive Change Order. CITY may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute approved after award of the Contract. 34. 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: 61-01102 DATE: 08/06/02 CITY OF MIAMI BEACH 82 such change. This section shall not prohibit the issuance of Change Orders executed only by CITY as hereinafter provided. 36. Field Orders and Suoolementallnstructions: 36.1. The Contract Administrator, through CONSULTANT, shall have the right to approve and issue Field Orders setting forth written interpretations of the intent of the Contract Documents and ordering minor changes in Work execution, providing the Field Order involves no change in the Contract Price or the Contract Time. 36.2. CONSULTANT shall have the right to approve and issue Supplemental Instructions setting forth written orders, instructions, or interpretations concerning the Contract Documents or its performance, provided such Supplemental Instructions involve no change in the Contract Price or the Contract Time. 37. Chance Orders: 37.1. Changes in the quantity or character of the Work within the scope of the Project which are not properly the subject of Field Orders or Supplemental Instructions, including all changes resulting in changes in the Contract Price, or the Contract Time, shall be authorized only by Change Orders approved in advance and issued in accordance with the provisions of the CITY. 37.2. All changes to construction contracts must be approved in advance in accordance with the value of the Change Order or the calculated value of the time extension. All Change Orders with a value of $25,000 or more shall be approved in advance by the Mayor and City Commission. All Change Orders with a value of less than $25,000 shall be approved in advance by the City Manager or his designee. 37.3. In the event satisfactory adjustment cannot be reached for any item requiring a change in the Contract Price or Contract Time, and a Change Order has not been issued, CITY reserves the right at its sole option to either terminate the Contract as it applies to the items in question and make such arrangements as may be deemed necessary to complete the disputed work; or submit the matter in dispute to CONSULTANT as set forth in Article 12 hereof. During the pendency of the dispute, and upon receipt of a Change Order approved by CITY, CONTRACTOR shall promptly proceed with the change in the Work involved and advise the CONSULTANT and Contract Administrator in writing within seven (7) calendar days of CONTRACTOR's agreement or disagreement with the BID NO: 61-01102 DATE: 08/06/02 CITY OF MIAMI BEACH 83 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 Chanoe Order Work: 38.1. The value of any work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 38.1.1. Where the work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of items involved, subject to the provisions of Section 38.7. 38.1.2. By mutual acceptance of a lump sum which CONTRACTOR and CITY acknowledge contains a component for overhead and profit. 38.1.3. On the basis of the "cost of work," determined as provided in Sections 38.2 and 38.3, plus a CONTRACTOR's fee for overhead and profit which is determined as provided in Section 38.4. 38.2. The term "cost of work" means the sum of all direct costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work described in the Change Order. Except as otherwise may be agreed to in writing by CITY, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in Section 38.3. 38.2.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the work described in the Change Order under schedules of job classifications agreed upon by CITY and CONTRACTOR. Payroll costs for employees not employed full time on the work covered by the Change Order shall be apportioned on the basis of their time spent on BID NO: 61-01/02 CITY OF MIAMI BEACH DATE: 08/06/02 84 the work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay application thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing the work after regular working hours, on Sunday or legal holidays, shall be included in the above to the extent authorized by CITY. 38.2.2. Cost of all materials and equipment furnished and incorporated in the work, including costs of transportation and storage thereof, and manufacturers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless CITY deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to CITY. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to CITY and CONTRACTOR shall make provisions so that they may be obtained. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by CITY with the advice of CONSULTANT and the costs of transportation, loading, unloading, installation, dismantling and removal thereof, all in accordance with the terms of said agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the work. 38.2.3. Payments made by CONTRACTOR to Subcontractors for work performed by Subcontractors. If required by CITY, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR and shall deliver such bids to CITY who will then determine, with the advice of CONSULTANT, which bids will be accepted. If the Subcontract provides that the Subcontractor is to be paid on the basis of cost of the work plus a fee, the Subcontractor's cost of the work shall be determined in the same manner as CONTRACTOR'S cost of the work. All Subcontractors shall be subject to the other provisions of the Contract Documents insofar as applicable. 38.2.4. Cost of special consultants, including, but not limited to, engineers, architects, testing laboratories, and surveyors BID NO: 61-01/02 CITY OF MIAMI BEACH DATE: 08l061t2 85 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: 61-01/02 CITY OF MIAMI BEACH DATE: 08106102 86 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: 61-01/02 CITY OF MIAMI BEACH DATE: 08106102 87 38.4.2.3. 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 No fee shall be payable on the basis of costs itemized under Sections 38.2.4 and 38.2.5, (except Section 38.2.5.3), and Section 38.3. 38.5. The amount of credit to be allowed by CONTRACTOR to CITY for any such change which results in a net decrease in cost, will be the amount of the actual net decrease. When both additions and credits are involved in anyone change, the combined overhead and profit shall be figured on the basis of the net increase, if any, however, CONTRACTOR shall not be entitled to claim lost profits for any Work not performed. 38.6. 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: 61-01/02 DATE: 08106/02 CITY OF MIAMI BEACH 88 39. Notification and Claim for Chance of Contract Time or Contract Price: 39.1. Any claim for a change in the Contract Time or Contract Price shall be made by written notice by CONTRACTOR to the Contract Administrator and to CONSULTANT within five (5) calendar days of the commencement of the event giving rise to the claim and stating the general nature and cause of the claim. Thereafter, within twenty (20) calendar days of the termination of the event giving rise to the claim, written notice of the extent of the claim with supporting information and documentation shall be provided unless CONSULTANT allows an additional period of time to ascertain more accurate data in support of the claim and such notice shall be accompanied by CONTRACTOR's written notarized statement that the adjustment claimed is the entire adjustment to which the CONTRACTOR has reason to believe it is entitled as a result of the occurrence of said event. All claims for changes in the Contract Time or Contract Price shall be determined by CONSULTANT in accordance with Article 12 hereof, if CITY and CONTRACTOR cannot otherwise agree. IT IS EXPRESSLY AND SPECIFICAllY AGREED THAT ANY AND All CLAIMS FOR CHANGES TO THE CONTRACT TIME OR CONTRACT PRICE SHAll BE WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION. 39.2. The Contract Time will be extended in an amount equal to time lost on critical Work items due to delays beyond the control of and through no fault or negligence of CONTRACTOR if a claim is made therefor as provided in Section 39.1. Such delays shall include, but not be limited to, acts or neglect by any separate contractor employed by CITY, fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. 40. No Damaaes for Delav: No claim for damages or any claim, other than for an extension of time, shall be made or asserted against CITY by reason of any delays except as provided herein. CONTRACTOR shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from CITY for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by CONTRACTOR for actual delays due solely to fraud, bad faith or active interference on the part of CITY or its CONSULTANT. Otherwise, CONTRACTOR shall be entitled only to BID NO: 61-01102 DATE: 08/06/02 CITY OF MIAMI BEACH 89 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: Comoensable: Non-Comoensable: 41.1 Excusable Delay. Delay which extends the completion of the Work and which is caused by circumstances beyond the control of CONTRACTOR or its subcontractors, suppliers or vendors is Excusable Delay. CONTRACTOR is entitled to a time extension of the Contract Time for each day the Work is delayed due to Excusable Delay. CONTRACTOR shall document its claim for any time extension as provided in Article 39 hereof. Failure of CONTRACTOR to comply with Article 39 hereof as to any particular event of delay shall be deemed conclusively to constitute a waiver, abandonment or relinquishment of any and all claims resulting from that particular event of delay. Excusable Delay may be compensable or non-compensable: (a) Compensable Excusable Delay. Excusable Delay is compensable when (i) the delay extends the Contract Time, (ii) is caused by circumstances beyond the control of the CONTRACTOR or its subcontractors, suppliers or vendors, and (iii) is caused solely by fraud, bad faith or active interference on the part of CITY or its agents. In no event shall CONTRACTOR be compensated for interim delays which do not extend the Contract Time. CONTRACTOR shall be entitled to direct and indirect costs for Compensable Excusable Delay. Direct. costs recoverable by CONTRACTOR shall be limited to the actual additional costs allowed pursuant to Article 38 hereof. CITY and CONTRACTOR recognize and agree that the amount of CONTRACTOR's precise actual indirect costs for delay in the performance and completion of the Work is impossible to determine as of the date of execution of the Contract Documents, and that proof of the precise amount will be difficult. Therefore, indirect costs recoverable by the CONTRACTOR shall be liquidated on a daily basis for each day the Contract Time is delayed due to a Compensable Excusable Delay. These liquidated indirect costs shall be paid to compensate CONTRACTOR for all indirect costs caused by a Compensable Excusable Delay and shall include, but not be limited to, all profit on indirect costs, home office overhead, acceleration, loss of earnings, loss of productivity, loss of BID NO: 61-01102 DATE: 08/06/02 CITY OF MIAMI BEACH 90 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) caused by circumstances beyond the control of CONTRACTOR, its subcontractors, suppliers and vendors, and is also caused by circumstances beyond the control of the CITY or CONSULTANT, or (ii) is caused jointly or concurrently by CONTRACTOR or its subcontractors, suppliers or vendors and by the CITY or CONSULTANT, then CONTRACTOR shall be entitled only to a time extension and no further compensation for the delay. 42. Substantial ComoJetion: When CONTRACTOR considers that the Work, or a portion thereof designated by CITY pursuant to Article 29 hereof, has reached Substantial Completion, CONTRACTOR shall so notify CITY and CONSULTANT in writing. CONSULTANT and CITY shall then promptly inspect the Work. When CONSULTANT, on the basis of such an inspection, determines that the Work or designated portion thereof is substantially complete, it will then prepare a Certificate of Substantial Completion in the form attached hereto as Form 00925 which shall establish the Date of Substantial Completion; shall state the responsibilities of CITY and CONTRACTOR for security, maintenance, heat, utilities, damage to the Work, and insurance; and shall list all Work yet to be completed to satisfy the requirements of the Contract Documents for Final Completion. The failure to include any items of corrective work on such list does not alter the responsibility of CONTRACTOR to complete all of the Work in accordance with the Contract Documents. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to CITY through the Contract Administrator and CONTRACTOR for their written acceptance of the responsibilities assigned to them in such Certificate. 43. No Interest: Any monies not paid by CITY when claimed to be due to CONTRACTOR under this Agreement, including, but not limited to, any and all claims for contract damages of any type, shall not be subject to interest including, but not limited to prejudgment interest. However, the provisions of CITY's prompt payment ordinance, as such relates to timeliness of payment, and the provisions of BID NO: 61-01102 DATE: 08/06/02 CITY OF MIAMI BEACH 91 Section 218.74(4), Florida Statutes (1989) as such relates to the payment of interest, shall apply to valid and proper invoices. 44. Shoo Drawinos: 44.1. CONTRACTOR shall submit Shop Drawings as required by the Technical Specifications. The purpose of the Shop Drawings is to show the suitability, efficiency, technique of manufacture, installation requirements, details of the item and evidence of its compliance or noncompliance with the Contract Documents. 44.2. Within thirty (30) calendar days after the Project Initiation Date specified in the Notice to Proceed, CONTRACTOR shall submit to CONSULTANT a complete list of preliminary data on items for which Shop Drawings are to be submitted and shall identify the critical items. Approval of this list by CONSULTANT shall in no way relieve CONTRACTOR from submitting complete Shop Drawings and providing materials, equipment, etc., fully in accordance with the Contract Documents. This procedure is required in order to expedite final approval of Shop Drawings. 44.3. After the approval of the list of items required in Section 44.2 above, CONTRACTOR shall promptly request Shop Drawings from the various manufacturers, fabricators, and suppliers. CONTRACTOR shall include all shop drawings and other submittals in its certification. 44.4. CONTRACTOR shall thoroughly review and check the Shop Drawings and each and every copy shall show this approval thereon. 44.5. If the Shop Drawings show or indicate departures from the Contract requirements, CONTRACTOR shall make specific mention thereof in its letter of transmittal. Failure to point out such departures shall not relieve CONTRACTOR from its responsibility to comply with the Contract Documents. 44.6. CONSULTANT shall review and approve Shop Drawings within fifteen (15) calendar days from the date received, unless said Drawings are rejected by CONSULTANT for material reasons. 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: 61-01102 CITY OF MIAMI BEACH DATE: 08/06/02 92 44.7. No approval will be given to partial submittals of Shop Drawings for items which interconnect and/or are interdependent where necessary to properly evaluate the design. It is CONTRACTOR's responsibility to assemble the Shop Drawings for all such interconnecting and/or interdependent items, check them and then make one submittal to CONSULTANT along with its comments as to compliance, noncompliance, or features requiring special attention. 44.8. If catalog sheets or prints of manufacturers' standard drawings are submitted as Shop Drawings, any additional information or changes on such drawings shall be typewritten or lettered in ink. 44.9. CONTRACTOR shall submit the number of copies required by CONSULTANT. Resubmissions of Shop Drawings shall be made in the same quantity until final approval is obtained. 44.10. CONTRACTOR shall keep one set of Shop Drawings marked with CONSULTANT's approval at the job site at all times. 45. Field Lavout of the Work and Record Drawincs: 45.1. The entire responsibility for establishing and maintaining line and grade in the field lies with CONTRACTOR. CONTRACTOR shall maintain an accurate and precise record of the location and elevation of all pipe lines, conduits, structures, maintenance access structures, hand holes, fittings and the like and shall prepare record or "as-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 NO: 61-01102 CITY OF MIAMI BEACH DATE: 08/06/02 93 45.3. Prior to, and as a condition precedent to Final Payment, CONTRACTOR shall submit to CITY, CONTRACTOR's record drawings or as-built drawings acceptable to CONSULTANT. 46. Safety and Protection: 46.1. CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 46.1.1. All employees on the work site and other persons who may be affected thereby; 46.1.2. All the work and all materials or equipment to be incorporated therein, whether in storage on or off the Project site; and 46.1.3. Other property at the Project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways. structures and utilities not designated for removal, relocation or replacement in the course of construction. 46.2. CONTRACTOR shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and utilities when prosecution of the work may affect them. All damage, injury or loss to any property referred to in Sections 46.1.2 and 46.1.3 above, caused directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR. CONTRACTOR's duties and responsibilities for the safety and protection of the work shall continue until such time as all the Work is completed and CONSULTANT has issued a notice to CITY and CONTRACTOR that the Work is acceptable except as otherwise provided in Article 29 hereof. 46.3. CONTRACTOR shall designate a responsible member of its organization at the Work site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR'S superintendent unless otherwise designated in writing by CONTRACTOR to CITY. BID NO: 61-01/02 CITY OF MIAMI BEACH DATE: 08/06/02 94 [X] 47. Final Bill of Materials: CONTRACTOR shall be required to submit to CITY and CONSULTANT a final bill of materials with unit costs for each bid item for supply of materials in place. This shall be an itemized list of all materials with a unit cost for each material and the total shall agree with unit costs established for each Contract item. A Final Certificate for Payment cannot be issued by CONSULTANT until CONTRACTOR submits the final bill of materials and CONSULTANT verifies the accuracy of the units of Work. 48. Payment bv CITY for Tests: Except when otherwise specified in the Contract Documents, the expense of all tests requested by CONSULTANT shall be bome 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: 61-01102 CITY OF MIAMI BEACH DATE: 08106/02 9S the CONTRACTOR to additional Contract Time as noncompensable, excusable delay, and shall not give rise to a claim for compensable delay. 51. Cleanina Uo: City's Riaht to Clean Uo: CONTRACTOR shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Project, CONTRACTOR shall remove all its waste materials and rubbish from and about the Project as well as its tools, construction equipment, machinery and surplus materials. If CONTRACTOR fails to clean up during the prosecution of the Work or at the completion of the Work, CITY may do so and the cost thereof shall be charged to CONTRACTOR. If a dispute arises between CONTRACTOR and separate contractors as to their responsibility for cleaning up, CITY may clean up and charge the cost thereof to the contractors responsible therefor as CONSULTANT shall determine to be just. 52. Removal of Eauioment: In case of termination of this Contract before completion for any cause whatever, CONTRACTOR, if notified to do so by CITY, shall promptly remove any part or all of CONTRACTOR's equipment and supplies from the property of CITY, failing which CITY shall have the right to remove such equipment and supplies at the expense of CONTRACTOR. 53. Nondiscrimination. Eaual Emolovment Oooortunitv. and Americans with Disabilities Act: CONTRACTOR shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. CONTRACTOR shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by CITY, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, CONTRACTOR shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. CONTRACTOR's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. BID NO: 61-01/02 DATE: 08106/02 CITY OF MIAMI BEACH 96 CONTRACTOR shall not engage in or commit any discriminatory practice in violation of City of Miami Beach Ordinance No 92.2824 in performing any services pursuant to this Agreement. 54. Proiect Records: CITY shall have the right to inspect and copy, at CITY's expense, the books and records and accounts of CONTRACTOR which relate in any way to the Project, and to any claim for additional compensation made by CONTRACTOR, and to conduct an audit of the financial and accounting records of CONTRACTOR which relate to the Project and to any claim for additional compensation made by CONTRACTOR. CONTRACTOR shall retain and make available to CITY all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three (3) years following Final Completion of the Project. During the Project and the three (3) year period following Final Completion of the Project, CONTRACTOR shall provide CITY access to its books and records upon seventy-two (72) hours written notice. BID NO: 61-01102 DATE: 08106/02 CITY OF MIAMI BEACH 97 00900. SUPPLEMENTARY CONDITIONS: BID NO: 61-01102 DATE: 08106102 CITY OF MIAMI BEACH 98 00920. ADDITIONAL ARTICLES: [] 1. Prevailina Waae Rate Ordinance. This Project is not federally funded. City of Miami Beach Ordinance No, 94-2960 provides that in all non-federally funded construction contracts in excess of one million dollars to which the City of Miami Beach is a party, the rate of wages and fringe benefits, or cash equivalent, for all laborers, mechanics and apprentices employed by any contractor or subcontractor on the work covered by the contract, shall not be less than the prevailing rate of wages and fringe benefit payments or cash equivalence for similar skills or classifications of work, as established by the Federal Register, in the City of Miami Beach, Florida. The provisions of this Ordinance shall not apply to the following projects: a. water, except water treatment facilities and lift stations; b. sewer, except sewage treatment facilities and lift stations; c. storm drainage; d. road construction, except bridges or structures requiring pilings; and e. beautification projects, which may include resurfacing new curbs, gutters, pavers, sidewalks, landscaping, new lighting, bus shelters, bus benches and signage. [*NOTE: INSERT IF APPLICABLE] [] 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: 61-01102 CITY OF MIAMI BEACH DATE: 08/06/02 99 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. Dated ,20_ (Contractor) By: (Signature) By: (Print Name and Title) STATE OF ) ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this ,20_, by personally known to me or who has produced identification and who did/did not take an oath. day of who is as WITNESS my hand and official seal, this day of ,20_. (NOTARY SEAL) (Signature of person taking acknowledgment) (Name of officer taking acknowledgment) (typed, printed or stamped) (Title or rank) (Serial number, if any) My commission expires: BID NO: 61-01102 DATE: 08/06/02 CITY OF MIAMI BEACH 100 00923. STATEMENT OF COMPLIANCE (DAVIS BACON ACT) No. Contract No. ProjectTitle 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 COUNTY OF ) ) SS ) The foregoing instrument was acknowledged before me this , 20_, by personally known to me or who has produced identification and who did/did not take an oath. WITNESS my hand and official seal, this day of day of who is as ,20_. (NOTARY SEAL) (Signature of person taking acknowledgment) (Name of officer taking acknowledgment) (typed, printed or stamped) (Title or rank) (Serial number, if any) My commission expires: BID NO: 61-01/02 DATE: 08/06/02 CITY OF MIAMI BEACH 101 00925. CERTIFICATE OF SUBSTANTIAL COMPLETION: PROJECT: (name, address) CONSULTANT: TO (CITY): BID/CONTRACT NUMBER: CONTRACTOR: CONTRACT FOR: NOTICE TO PROCEED DATE: DATE OF ISSUANCE: PROJECT OR DESIGNATED PORTION SHALL INCLUDE: The Work performed under this Contract has been reviewed and found to be substantially complete and all documents required to be submitted by CONTRACTOR under the Contract Documents have been received and accepted. The Date of Substantial Completion of the Project or portion thereof designated above is hereby established as which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. DEFINITION OF DATE OF SUBSTANTIAL COMPLETION The Date of Substantial Completion of the Work or portion thereof designated by CITY is the date certified by CONSULTANT when all conditions and requirements of permits and regulatory agencies have been satisfied and the Work, is sufficiently complete in accordance with the Contract Documents, so the Project is available for beneficial occupancy by CITY. A Certificate of Occupancy must be issued for Substantial Completion to be achieved, however, the issuance of a Certificate of Occupancy or the date thereof are not to be determinative of the achievement or date of Substantial Completion. BID NO: 61-01102 DATE: 08/06/02 CITY OF MIAMI BEACH 102 A list of items to be completed or corrected, prepared by CONSULTANT and approved by CITY, is attached hereto. The failure to include any items on such list does not alter the responsibility of CONTRACTOR to complete all work in accordance with the Contract Documents. The date of commencement of warranties for items on the attached list will be the date of final payment unless otherwise agreed in writing. CONSULTANT BY DATE In accordance with Section 2.2 of the Contract, CONTRACTOR will complete or correct the work on the list of items attached hereto within from the above Date of Substantial Completion. DATE CONSULTANT BY CITY, through the Contract Administrator, accepts the Work or portion thereof designated by CITY as substantially complete and will assume full possession thereof at (time) on (date). City of Miami Beach, Florida By Contract Administrator Date The responsibilities of CITY and CONTRACTOR for security, maintenance, heat, utilities, damage to the work and insurance shall be as follows: BID NO: 61-01102 DATE: 08/06/02 CITY OF MIAMI BEACH 103 00926. FINAL CERTIFICATE OF PAYMENT: PROJECT: (name, address) CONSULTANT: BID/CONTRACT NUMBER: TO (CITY): CONTRACTOR: CONTRACT FOR: NOTICE TO PROCEED DATE: DATE OF ISSUANCE: All conditions or requirements of any permits or regulatory agencies have been satisfied. The documents required by Section 5.2 of the Contract, and the final bill of materials, if required, have been received and accepted. The Work required by the Contract Documents has been reviewed and the undersigned certifies that the Work, including minor corrective work, has been completed in accordance with the provision of the Contract Documents and is accepted under the terms and conditions thereof. CONSULTANT BY DATE CITY, through the Contract Administrator, accepts the work as fully complete and will assume full possession thereof at (time) (date). City of Miami Beach, Florida By Contract Administrator Date BID NO: 61-01102 DATE: 08/06/02 CITY OF MIAMI BEACH 104 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, Florida 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) (Print Name and Title) (Corporate Seal) _ day of ,20_. F:IA TTOIAGURIAGREEMN1\fronlendlsldfnn.frlend. fnl.doc BID NO: 61-01102 DATE: 08/06/02 CITY OF MIAMI BEACH 105 [If not incorporated sign below.] CONTRACTOR WITNESSES: (Name of Firm) (Signature) (Print Name and Title) _ day of ,20_. By: F:IATTOIAGURIAGREEMNnfrontendlstdfrm.frtend.fnl.doc BID NO: 61-01102 DATE: 08/06/02 CITY OF MIAMI BEACH 106 [ x ] 00950. DRAWINGS INDEX: I. Drawings/Plans for the SUNSET HARBOUR DRAINAGE STRUCTURE MODIFICATIONS has been prepared by CH2M HILL. * NOTE: Plans are available for this bid but must be ordered through T. Square Miami (305) 324-1234. The attached order form on page 11 of this Bid package must be completed and returned to T-Square Miami before prospective bidders will receive requested plans and specifications. Following is a list of Drawings of the bid set. DRAWING LIST Sheet No. Drawing No. DescriDtion O. 1. 2. 3.' 4. 5. 6. 7. 8. 9. 10. G-O C-1 C-2 C-3 M-1 M-2 M-3 E-1 E-2 E-3 E-4 BID NO: 61-01102 DATE: 08/06/01 Cover Sheet Civil-Drainage Structure Modifications-Wells No.1 Civil-General Notes and Drainage Structure Modifications-Wells No.2 Civil-Drainage Structure Modifications-Well No.3 Mechanical-Drainage Structure Modifications-Well No.1 Mechanical-Drainage Structure Modifications-Well No.2 Mechanical-Drainage Structure Modifications-Well No.3 Electrical-Legend and Notes Electrical-Site Plan Well No.2 Electrical-Duplex Pump Station Details Electrical-Details CITY OF MIAMI BEACH 107 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 Addendums to the Contract Documents. (Please see page 113) BID NO: 61-01102 DATE: 08/06/01 CITY OF MIAMI BEACH 108 02000. TECHNICAL SPECIFICATIONS: BID NO. 61..Q1/02 SUNSET HARBOUR DRAINAGE STRUCTURE MODIFICATIONS * NOTE: Specifications are available for this bid but must be ordered through T-Square Miami (305) 324-1234. The attached order form on page 11 of this Bid package must be completed and returned to T -Square Miami before prospective bidders will receive requested plans and specifications. SPECIFICATIONS LEGEND TECHNICAL SPECIFICATIONS DIVISION 1-GENERAL REQUIREMENTS 01010 Summary of Work 01025 Measurement and Payment 01040 Coordination 01300 Submittals 01310 Progress Schedules 01500 Construction Facilities and Temporary Controls 01600 Material and Equipment 01640 Manufacturers'Services 01780 Contract Closeout DIVISION 2-SITE WORK 02080 Affected Soil and Liquid Disposal 02200 Site Preparation 02220 Demolition 02240 Dewatering 02260 Excavation Support and Protection 02315 Fill and Backfill 02316 Excavation 02319 Subgrade Preparation 02320 Trench Backfill 02340 Soil Stabilization 02631 Catch Basins and Inlets 02632 Storm Drain and Drainage Piping 02632-05Reinforced Concrete 02678 Well Development 02710 Base Course 02761 Pavement Marking 02771 Concrete Curbs and Sidewalks 02772 Asphalt Concrete Pavement BID NO: 61-01102 DATE: 08/06/02 CITY OF MIAMI BEACH 109 DIVISION 3-CONCRETE 03301 Reinforced Concrete 03400 Precast Concrete 03600 Grout 24-Hour Evaluation of Nonshrink Grout Test Form DIVISION 4-MASONRY (NOT USED) DIVISION 5-METALS 05500 Metal Fabrications and Castings DIVISIONS 6 THROUGH 10 (NOT USED) DIVISION 11-EQUIPMENT 11305 Submersible Pumps Data Sheet for Pump and Motor DIVISIONS 12 and14 (NOT USED) DIVISION 13-SPECIAL CONSTRUCTION 13461 Telemetry Subsystem (TS) Component Specifications RTU List RTU Input/Output Summary DIVISION 15-MECHANICAL 15060 Piping General 15060-01 DS - Cement-Mortar-Lined Ductile Iron Pipe and Fittings 15100 Valves and Operators DIVISION 16-ELECTRICAL 16010 Basic Electrical Requirements 16050 Basic Electrical Materials and Methods 16110 Raceways 16120 Conductors 16405 AC Induction Motors Table 1, Motor Performance Requirements Grounding Low Voltage Motor Control Electrical Testing 16450 16480 16950 Additionally, a Soil's Report has been attached to the Specifications. This Report is for informational purposes ONL Y. BID NO: 61-01102 DATE: 08/06/02 CITY OF MIAMI BEACH 110 .-~ ..- . . BID NO. 61-01/02 SUNSET HARBOUR DRAINAGE STRUCTURE MODIFICATIONS (BID FORM 1 OF 2) (r Our proposal includes the total cost for supplying all labor, materials, tools, equipment and supervision necessary for the modifications of drainage structures and piping systems at three different locations in accordance with the Drawings/Plans and Scope of Work/Specifications (Bid Documents). NOTE: Bidders SHALL submit a bid for ALL 3 Wells, to be considered responsive. Well No.1 - Dade Boulevard & Purdy Avenue Lump Sum: $ / DO) tJtlP I (10 /lJle )~"t?~/ ~/P y/'tlVs41Ld ~Ik> Written Amount . Well No.2-18th Street & Purdy Avenue Lump Sum: $ I?.:J:) p(JtJ, 0(> a. 6.~"bL:'5iw""i ~ $bS'a./ ~;f~. Wri n Amount ( Well No.3 - 20th Street & Purdy Avenue Lump Sum: $ IJ1//p{J/ PC' P'At! jtQ~"/ ieI'( Vi;;/>~/ ~/.ev_$' Written Amount Grand Total Lump Sum: $ -gB~P(JtJ, ~O vS Ii~t? jJ'/l4~ ( ~.. BID NO: 61-01/02 DATE: 08106102 CITY OF MIAMI BEACH 111 BID NO. 61..01102 SUNSET HARBOUR DRAINAGE STRUCTURE MODIFICATIONS (BID FORM 2 OF 2) ~-. ( Should Additional Work be Required for Unforeseen Conditions and/or Additional Work not Specified in the Bid Documents, we propose to complete this Work at the following Rates: Provide all supplies and materials required at Contractor's: COSTS. Provide ALL required Work at an HOURLY LABOR RATE, to include labor, equipment use, travel time, and any other cost to the Contractor at: $ /,;<A p/h. FIRM'S NAME (Print or Type): SIGNATURE: TITLE/PRINTED NAME: Ihi: J,.. ADDRESS: ~ UIoUI", d, IM-f)/ Mi....i ~) 'Ft- ~~ TELEPHONE NUMBER: '~st:z.'7 FAX: ffl~S &.-c, ( '- c BID NO: 61-01/02 DATE: 08/06102 CITY OF MIAMI BEACH 112 04000. ACKNOWLEDGEMENT OF ADDENDA (-- , Invitation for Bid No. 61-01/02 Directions: Complete Part I or Part II, whichever applies. Part I: Listed below are the dates of issue for each Addendum received in connection with this Bid: Addendum No.1, Dated ~/;;>. Addendum No.2, Dated Addendum No.3, Dated Addendum No.4, Dated Addendum No.5, Dated Part II: No addendum was received in connection with this Bid. ,..-- (~ Verified with Procurement staff Date Name of Staff ~ C~. J.-c. Bidde - Name -PIA Date ,.... l__ BID NO: 61-01102 DATE: 08/06/02 CITY OF MIAMI BEACH 113 '-. 05000. CUSTOMER REFERENCE LISTING " BID NO. 61-01/02 SUNSET HARBOUR DRAINAGE STRUCTURE MODIFICATIONS CUSTOMER REFERENCE LISTING Contractor's shall furnish the names, addresses, and telephone numbers of a minimum of eight (8) firms or government organizations for which the Contractor is currently furnishing construction management including construction of drainage systems (curb and gutter, catch basins, pumping systems, drainage structures and roadway construction) and submit a minimum of four separate projects, each with $300,000 or higher in construction work. (See Minimum Requirements, Page 7) 1) Company Name P!.O- Address ~ W~,... ~. Contact Person/Contract Amount /,10 M; I Telephone Number $~J S~ Fax: ~of-~;;Z? 2) Company Name ~~ Address -1(;tS~ NW /J2tJ AVe-. Contact Person/Contract Amount~r;::::e- ~ .....,/ Telephone Number ~Fax:~671 ~tf ( 3) Company Name ~ Address ~:2~ Uk:) ;;;l61cVE". Contact Person/Contract Amount_Cl.M.s Hi~~A ~......iJ Telephone Number 1erG "'?'f<<-Fax:-.!L'f.!) ~6"'f- 4) Company Name ~ .~~~/O. Contact Person/Contract Amount J. Telephone Number i~;2.q01S- Fax: Address S"", .af q/~~ ~ { ( BID NO: 61-01/02 DATE: 08/06/02 CITY OF MIAMI BEACH 114 (~ . 5) Company Name t/It;~ ~A..~ Address Contact Person/Contract Amount ~~ If:xhl ~ /..s-/#'&;/ Telephone Number ~,./ ~717P Fax: ~ e7'Y? 6) Company Name Ifp~~ Address ~S?S dIU Pt1~ .. Contact Person/Contract Amount ~.?e JI~t!iJ.Hi1'Y //.5,..;/ Telephone Number '?If!5 '";;7#}',;;l/ Fax: ~~ /~6'" 7) Company Name ~5 Address ~;;i2.s-1tU' ~ ~ . Contact Person/Con~ract Amount &"JP'.s ~r~ 7"/.5-i":/C-,._ Telephone Number 9"5 7"~~ Fax: t?,s-??tI'f&- 8) Company Name ~N Address . ~ #"....J~ AI-< Contact Person/Contract Amount P. ~~IM4!::$ ~/.~He; I Telephone Number~.PPeP Fax: ~~ ";1117 (.. BID NO: 61-01/02 DATE: 08106102 CITY OF MIAMI BEACH 115 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, B 1,2,3-4-92; Ord. No. 92-2785, SS 1,2,6-17-92) Cross reference(s)--Definitions generally, S 1-2. BID NO: 61-01102 DATE: 08/06/02 CITY OF MIAMI BEACH 116 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 BID NO: 61-01102DATE: 08/06/02 CITY OF MIAMI BEACH 117 or reimbursement for the appearance, whether direct, indirect or contingent, to 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 aVl;lilable at the public hearing. Additionally, any person requested to appear before any city personnel, board or commission, or any person compelled to answer for or appealing a code violation, a nuisance abatement board hearing, a special master hearing or an administrative hearing shall not be required to register, nor shall any agent, attorney, officer or employee of such person. (Ord. No. 92-2777, ~ ~ ~ 4,5,3-4-92; Ord. No. 92-2785, ~ ~ 4,5,6-17-92) Sec. 2-484. Sign-in logs. In addition to the registration requirements addressed above, all city departments, including the offices of the mayor and city commission, the offices of the city manager, and the offices of the city attorney, shall maintain signed sign-in logs for all non city employees or personnel for registration when they meet with any personnel as defined in section 2-481. (Ord. No. 92-2785, ~ 6,6-17-92) Sec. 2-485. List of expenditures. (a) On October 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 BID NO: 61-01102 CITY OF MIAMI BEACH DATE: 08/06/02 118 may not knowingly permit themselves to be lobbied by a person who is not registered pursuant to this section to lobby the commissioner or the relevant committee, board or city personnel. (d) The city attorney 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: 61-01/02 DATE: 08/06/02 CITY OF MIAMI BEACH 119 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 ("RFLI"), 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, RFLI, 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, RFLI, 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, RFLI, and bid after the advertisement of said RFP, RFQ, RFLI, or bid. At the time of imposition of the cone of silence, the city manager or his or her designee shall provide for public notice of the cone of silence. The city manager shall 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, RFLI, 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 BID NO: 61-01102 DATE: 08/06/02 CITY OF MIAMI BEACH 120 committees; (c) contract discussions during any duly noticed public meeting; (d) public 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, RFLI, or bid by the city commission; or (f) 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, RFLI, 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, RFLI, or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and the mayor, city commissioners or their respective staffs, and any member of the city's administrative staff including, but not limited to the city manager and his or her staff, (b) any oral communication regarding a particular RFP, RFQ, RFLI, or bid between the mayor, city commissioners or their respective staffs and any member of the city's administrative staff including, but not limited to, the city manager and his or her staff; and (c) any communication regarding a particular RFP, RFQ, RFLI, 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, RFLI, 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, RFLI, 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 BID NO: 61-01102 DATE: 08/06/02 CITY OF MIAMI BEACH 121 noticed pre-bid conferences or before duly noticed evaluation committee meetings; (b) from engaging in contract discussions during any duly noticed public meeting; (c) from engaging in contract negotiations with city staff following the award of an RFP, RFQ, RFLI, 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, RFLI, 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, RFLI 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, RFLI or bid for a contract for the provision of goods or services for a period of one year. Any person who violates a provision of this division shall be prohibited from serving on a city evaluation 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: 61-01/02 DATE: 08/06/02 CITY OF MIAMI BEACH 122 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 ETHICS PRIOR TO ENTERING INTO A CONTRACf 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 County 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 roles 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 shalJ become effective immediately upon its BID NO: 61-01/02 DATE: 08/06/02 CITY OF MIAMI BEACH 123 PASSED and ADOPTED this 12th day of April 2000 -1fL yO, A TI'EST: APPROVEDMTO FCRM&LANGUA~,': .. FOR EXECUllOr.. BID NO: 61-01102 DATE: 08/06/02 CITY OF MIAMI BEACH 124 GREATER MIAMI CHAMBER OF COMMERCE MODEL CODE OF BUSINESS ETHICS STATEMENT OF PURPOSE The Greater Miami Chamber of CommerCe ("GMc;C') seeks to create and sustain an ethical business climate for its members and the community by adopting a Code of Business Ethics. The GMCC encourages its members to incorporate the principles and practices outlined here in their Individual codes of ethiC$ which will guide their relationships with customers, clients and suppliers. This Model Code can and should be prominently displayed at all business locations and may be Incorporated into marketing materials. The GMCC believes that Its members should use this Code as a model for the development of their organizations' business codes 01 ethics. This Model Code is a stelement 01 principles to help guide deelsions and ClC1ions besed on respect lor the imparlance of ethical business standerds in the community. ,he GMCC believes lIle Cldoption of e meeninglul code 01 ethics is the responsibility of every business and professional organization. ComDllance with Government Rules & Raoul.tions We will property maintain all records and post allUcenses and certificates in prominent places easily seen by our employees and customers; In dealing with government agencies and employees, we will cond~ business in accordance with all applicable rules and regulations and in the open; We will report contract Irregularitiea and other improper or unlawful business practices to the Ethics Commission, the Office of Inspector General or appropriate law enfor<:ement authorities. Recruitment Selection & ComDensation of Vendors and SUDDllers We will avoid conOicts of Interest and disclose such conRicts when identified; Gifts which compromise the integ my 0; a business transaction are unacceptable; we will not kick back any portion of a contract payment to emplo~e$ of the olher contracting party or accept such a kickback. . Bualne.. Accountinll All our financial transactions will be properly and fairly recorded in appropriate books of account. and there will be no .olf the books. transactions or secret accounts. Promotion and Sales of Products and Service:s Our products will comply with all applicable salety and quality standards; We will promote and advertise our business and its products or services in a manner which is not misleading and does not falsely disparage our competitors; DoinCl Business with the Government BID NO: 61-01102 DATE: 08/06/02 CITY OF MIAMI BEACH 125 We will conduct business with govemment agencies and employees in a manner which avoids even the appearance of impropriety. Efforts to curry political favoritism are unacceptable; Our bids will be competitive, appropriate to the bid documents and arrived at independ.ntly; Any challenges to "ontracts awarded will have a substantive basis and not be pursued merely because w~ are the unsuccessful bidder; . We will, to the best of our ability, perform government contracts awarded at the price and under the terms provided for In the contra"t. We will not submit inflated Invoices for goods provided or services performed under such contracts, and claims will be made only for work actually performed. We will abide by all contracting end subcontracting regulations. We will not, directly or Indirectly, offer to give a bribe or olhelWise channel kickbacks from contracts awarded, to government olficials, their family members or business associates. We will not seek or expect preferential treatment on bids based on our participation in politic.1 campaigns. Public Life ind Political CamDaians We encourage all employees to participate in community Ilfe. public service and the political process; We encourage all employees to recruit, support and elect ethical and qualified public officials and engage them In dialogue and debate about business and community issues; Our contributions to political parties, committees or individuals will only be made in accordance with applicable law and will comply with all requirements for public disclosure. All contributions made on behalf of the business must be reported to senior company management; . We will not contribute to the campaigns. of parsons who are convicted felons or those who do not sign the Fair CampaIgn Practices Ordinance. We will not knowingly disseminate false campaign Information or support those who do. Corporate Officer Company Name Date BID NO: 61-01102 DATE: 08106102 CITY OF MIAMI BEACH 126 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 CODE 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: 61-01/02 DATE: 08/06/02 CITY OF MIAMI BEACH 127 (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 (j) 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. (j) List of debarred contractors means a list compiled, maintained and distributed by the CityDS 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: (1) Compile and maintain a current. consolidated list (List) of all contractors BID NO: 61-01102 DATE: 08106/02 CITY OF MIAMI BEACH 128 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 ) (2) (3) (4) (5) (6) (7) (8) The names and addresses of all contractors debarred. in alphabetical order; The name of the department that recommends initiation of the debarment action; The cause for the debarment action, as is further described herein. or other statutory or regulatory authority; The effect of the debarment action; The termination date for each listing; The contractor's certificate of competence or license number, when applicable; The person through whom the contractor is qualified, when applicable; The name and telephone number of the point of contact in the department recommending the debarment action. (c) The City's Procurement Office shall: Section 2-400. (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, 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 517ths vote of the City Commission at a regularly scheduled City Commission meeting. Debarred contractors are also excluded from conducting business with the City as agents, representatives, subcontractors or partners of other contractors. (d) Debarred contractors are excluded from acting as individual sureties. BID NO: 61-01102 DATE: 08/06/02 CITY OF MIAMI BEACH 129 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 the 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 517ths vote of the Mayor and City Commission at a regularly scheduled meeting. (d) No further work shall be awarded to a debarred contractor in connection with a continuing contract where the work is divided into separate discrete groups and the City's refusal or denial of further work 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 5/7ths 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. 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 BID NO: 61-01102 DATE: 08106/02 CITY OF MIAMI BEACH 130 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 ) (2) (3) (4) 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; For violation of federal or State antitrust statutes relating to the submission of offers; For commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 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 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; Violation of a City ordinance or administrative order which lists debarment as a potential penalty; Any other cause which affects the responsibility of a City contractor or subcontractor in performing City work. (2) (3) BID NO: 61-01/02 DATE: 08/06102 CITY OF MIAMI BEACH 131 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. (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 upon an abuse of discretion standard. (e) Hearsay evidence shall be admissible at the hearing but shall not form the sole BID NO: 61-01102 DATE: 08/06102 CITY OF MIAMI BEACH 132 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 fumished 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, 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 BID NO: 61-01102 DATE: 08/06/02 CITY OF MIAMI BEACH 133 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 ) (2) (3) (4) (5) For commission of an offense as described in subsection 2404(a)(1): five (5) years. 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. BID NO: 61-01/02 DATE: 08106/02 CITY OF MIAMI BEACH 134 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: 61-01102 DATE: 08106/02 CITY OF MIAMI BEACH 135 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 THE 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. (a) Right to Protest. Any actual bidder, qualified proposer, or interested parties (hereinafter collectively referred to as the "bidder") who has a BID NO: 61-01102 DATE: 08/06/02 CITY OF MIAMI BEACH 136 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 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 BID NO: 61-01102 DATE: 08/06/02 CITY OF MIAMI BEACH 137 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 concerning 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. +tie dotormination of the City Manager one! the City .^.ttemey with regare! to all preEleeh:lral aRe! toct:mioal matters st:lalll:le fiRal. (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 Attomey, 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. 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 BID NO: 61-01102 CITY OF MIAMI BEACH DATE: 08/06/02 138 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 Manaaer and the City Attornev with reaard 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 Januarv. 2002. PASSED on First Reading this 19th day of December ,2001. PASSED and ADOPTED on Second Reading this 9th day of Januarv. 2002. P:IATIOIAQUKIIBIOS\BIIl..m5,nII2- ~ASlO """'"' & lANOlWM: & FOR EXECUTION ~ ',;;.-a( BID NO: 61-01102 DATE: 08/06/02 CITY OF MIAMI BEACH 139 ORDINANCE NO. 2002-3363 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 2, DIVISION 3, SECTION 2-485 THEREFORE ENTITLED "LIST OF EXPENDITURES; FEE DISCLOSURE; REPORTING REQUIREMENTS", BY REQUIRING DISCLOSURE OF LOBBYIST' FEES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Miami Beach City Code Chapter 2 entitled "Administration", Division 3 entitled "Lobbyist", Section 2-485 thereof is hereby amended to read as follows: Sec. 2-485. LIst of expenditures; fee disclosure; reporting requirements. a. On October 1 of each year, lobbyist subject to lobbyist registration requirements shall submit to the city clerk a signed statement under oath as provided herein 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. The statement shall list in detail each expenditure by category, including food and beverage, entertainment, research, communication, media advertising, publications, travel, lodging and special events. b. If no com ensation has or will be aid concernina the subiect lobbv services. a statement shall nonetheless be filed reflectina as such. BID NO: 61-01102 DATE: 08/06/02 CITY OF MIAMI BEACH 140 c. Any change to information originally filed shall re principal under subsection (b) above) file, The lobbyist ( principal) a continuing information and amend said reports when so needed. accurate ~ @ The city clerk shall notify any lobbyist (or orincioal) who fails to timely file an the expenditure or fee disclosure reports referenced in sections (a) and (b) above. In addition to any other penalties which may be imposed as provided is section 2- 485.1, a fine of $50.00 per day shall be assessed for reports filed after the due date. ~ ~ The city clerk shall notify the Miami-Dade County Commission on Ethics and Public Trust of the failure of a lobbyist (or orincioal) to file a either of the reports referenced above and or pay the assessed fines after notification. ~ ill A lobbyist (or orincioal) may appeal a fine and may request a hearing before the Miami-Dade Commission on Ethics and Public Trust. A request for a hearing on the fine must be filed with the Miami-Dade Commission on Ethics and Public Trust within 15 calendar days of receipt of the notification of the failure to file the required disclosure form. The Miami-Dade Commission on Ethics and Public Trust shall have the authority to waive the fine, in whole or in part, based on good cause shown. SECTION 2. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. BID NO: 61-01102 DATE: 08/06/02 CITY OF MIAMI BEACH 141 SECTION 3. SEVERABILITY If 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. SECTION 4. 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 or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect 18th day of ~2002. PASSED and ADOPTED on Second Reading this 8th day of Mav , 2002. lJIMJ}: p~ CITY CLERK A'lTEST: (Requested by Commissioner Matti Bower and Co-sponsored by Commissioner Simon Cruz, Jose Smith and Richard Steinberg) _ reflects changes between first and second reading. JKOlkw F:A TTOIOLlJlRES-ORD\2-485.0RD.DOC APflRO"IED ItS 10 fORM&~ &FOR~v"-" ~~'i-~ BID NO: 61-01102 DATE: 08106/02 CITY OF MIAMI BEACH 142