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HomeMy WebLinkAbout17th St. Parking Garage landsca AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND JAFFER ASSOCIATES, LTD. FOR 17TH STREET PARKING GARAGE LANDSCAPING PROJECT BID NO. 24-99/00 City of Miami Beach - Procurement Division 1700 Convention Center Drive Miami Beach, FL 33139 Bid No. 24-99/00 CITY CLERK I.' (/ / ;/ 1 ( /1 AGREEMENT J" . THIS AGREEMENT made this day of))&CLYlJ/} nL 1999, A.D. between the CITY OF MIAMI BEACH, a Flori'da municipal corporation, hereinafter called the City, which term shall include its successors and assigns, party of the one part, and Jaffer Associates, Ltd. 2801 N.W. 6th Avenue Miami, FL 33127 Telephone(305) 576-7363 Facsimile (305) 573-8711 hereinafter called the Contractor, which term shall include its heirs, successors and assigns, party of the other part. WITNESSETH that the said Contractor for the consideration and compensation herein agreed to be paid and the said City in consideration of the construction of improvements to be done by said Contractor and designated "17th Street Parking Garage Landscaping Project" by said City, do hereby mutually agree as follows: 1. This Agreement shall extend to and be obligatory upon said City, its successors and assigns, and upon said Contractor and its heirs, successors and assigns. Neither this Agreement nor any part thereof nor any part of the Work herein contemplated, shall be assigned or sublet, nor shall any sums of money provided to be paid to said Contractor be assigned by said Contractor to anyone without the consent of the City Commission of said City evidenced by its resolution. 2. The foregoing pages of this booklet, including the Notice to Contractors, the Proposal, and the Contract Documents and such alterations as may be made in said Plans and Specifications as therein provided for, are hereby referred to and made a part of this Agreement and the terms and conditions set forth therein, except when in direct conflict with this written Contract, are as much a part hereof as if copied herein. If conflicts exist between them and this written instrument, only that part of the matter in direct conflict herewith shall not be construed to be a part hereof. 3. The Contractor shall commence work within seven (7) days of the Notice to Proceed and shall construct and complete in a good and workmanlike manner the materials herein referred to, strictly in accord herewith the following: 3. I The Contractor shall be Substantially Completed with the Work within sixty (60) calendar days after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions Bid No. 24-99/00 within seventy-five (75) calendar days after the date when the Contract Time commences to run. 3.2 Damages - City and Contractor recognize that the City will suffer direct financial loss if Work is not completed within the Contract times specified in paragraph 3. I above plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time, and therefore time is of the essence. Accordingly, instead of requiring any such proof Contractor agrees to forfeit and pay Owner as liquidated damages for delay (but not as a penalty) the amount of Three Hundred Dollars ($300.00) for each calendar day that expires after the Contract Time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time, Contractor shall pay Owner Three Hundred Dollars ($300.00) for each calendar day that expires after the time specified in Paragraph 3.1 for completion and readiness for final payment. These amounts represent a reasonable estimate of Owner's expenses for extended delays and for inspection, engineering services and administrative costs associated with such delay. 4. In such construction said Contractor shall furnish all implements, machinery, equipment, transportation, tools, materials, supplies labor, and other things necessary to the execution and completion of the Work, nothing being required of the City except that it may, at its expense, supervise such construction and enter upon and inspect the same at all reasonable times. 5. If any dispute arises between the City and said Contractor with reference to the meaning or requirements of any part of this Contract and they cannot agree, the more stringent requirements shall govern as determined by the City. 6. If the Contractor shall complete the construction herein contemplated in a good and workmanlike manner within the time herein specified and in accord herewith, the said City shall pay to the Contractor the contract sum in accordance with the Conditions of the Contract. The City, by allowing Contractor to continue with said construction after the time for its completion hereinbefore stated shall not deprive City of the right to exercise any option in this Agreement contained nor shall it operate to alter any other term of this Agreement. 7. The Contractor shall file with the Procurement Director of said City of Miami Beach a Performance and Labor and Material Payment Bond, each in the amount of 100 percent of Contract Amount, in the form as set forth herein or as otherwise approved by the City of Miami Beach City Attorney and shall be executed by said Contractor and Surety Agent authorized to do business in the State of Florida. Bid No. 24-99/00 8. The Contractor shall file Insurance Certificates, as required, and they must be signed by a Registered Insurance Agent licensed in the State of Florida and approved by the City of Miami Beach Risk Manager. 9. All documents shall be executed satisfactorily to said City and until Bonds and Insurance Certificates have been filed and approved, this Contract Agreement shall not be effective. 10. Owner shall pay Contractor for performance of the Work in accordance with the Contract Documents in current funds at the lump sum or unit prices presented in the Bid Proposal, attached to this Agreement. The parties expressly agree that the Contract Price is a stipulated sum except with regard to the items in the Bid which are subject to unit prices. Contract Price: $122,374.00 11. The Contract Documents which comprise the entire Agreement between City and Contractor are attached to this Agreement and made a part hereof. The Contract Documents may only be amended, modified or supplemented as provided in the General Conditions. IN WITNESS WHEREOF the said City has caused this Agreement to be signed by the Mayor of the City of Miami Beach, Florida and its corporate seal to be affixed, attested by the City Clerk of the City of Miami Beach and the said Contractor has caused this Agreement to be signed it its name. JAt~( ASS;J(~i Lt'~{SEAL) Contra tor , CITY OF MIAMI BEACH 1J! By Mayor ATTEST: ~l6 rGi,~LR "- City Clerk APPROVED AS TO f()R!V\ & LA.NGUAGE 8. fOR EXECUTION Bid No. 24-99/00 ~~~ C. Iy ..'l,;~Cl!"r;oy CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\cl.mlaml-beach.".us :: COMMISSION MEMORANDUM NO. 8lo~..'1~ TO: Mayor Neisen O. Kasdin and Members of the City ommission DATE: December 1,1999 FROM: Sergio Rodriguez City Manager SUBJECT: Request for Approval to Award a Contract to Jaffer Associates, Ltd. in the Amount of $122,374 Pursuant to Bid No. 24-99/00 for 17th Street Parking Garage Landscaping Project. RECOMMENDATION A ward the contract. FUNDING $122,374 Funding is available from the Parking Capital Account Dumber 485.2112.069358 ANALYSIS This Invitation to Bid was issued on October 13, 1999, with an opening date of November 12, 1999. Fifty-six (56) notices were mailed, resulting in requests for eleven (11) sets of specifications and the receipt of four (4) responsive bids as well as one (1) non-responsive bid. This Bid includes supplying all labor, materials, equipment, maintenance of traffic and supervision necessary for the 17th Street Parking Garage Landscaping Project in accordance with the plans and specifications. The Contractor shall be substantially completed with the work within sixty (60) calendar days after the date of the Notice to Proceed, and complete and be ready for final payment within seventy-five (75) calendar days after the date of the Notice to Proceed. Therefore, the City Commission should authorize the award of this bid to the lowest responsive, responsible bidder, Jaffer Associates, Ltd.. AGENDA ITEM C. z A DATE~ 1 Bid No. 24-99/00 December 1, 1999 Page Two BID TABULATION Contractor Total Price Jaffer Associates, Ltd. $122,374.00 Vila & Son Landscaping Corporation $123,900.00 - Tenusa,lnc $144,000.00 Arazoza Brothers, Corporation $146,225.00 Non-Responsive (failed to acknowledge Addendum No.1): Tropic Landscaping & Lawn Maintenance, Inc. SR:~:t:~ 2 I I I BID No. 24-99/00 BID PROPOSAL FOR 17TH STREET PARKING GARAGE LANDSCAPING PROJECT PROPOSAL PAGE 1 OF 6 I I I I I PROPOSAL OF Jaffer Associates, Ltd. (Name) 2801 N.W. 6th Avenue, Miami, FL 33127 (Address) (FOR) Constructing the improvements designated and described in the attached Notice to Contractors, and which said Improvements are designated as the 17TH STREET PARKING GARAGE LANDSCAPING PROJECT and more particularly set forth herein. I I SUBMITTED November 12th 1999 TO MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA: I We the undersigned, hereby declare that no person or persons, firm or corporation other than the undersigned, are interested in this Proposal, as principals, and that this Proposal is made without collusion with any person, firm or corporation, and we have carefully and to our full satisfaction examined the attached Notice to Contractors, General Provisions, Specifications for Mate,rials and Construction Methods, Supplementary Conditions, and form of Contract and Bond, together with the accompanying Plans, and that we have made a full examination of the location of the proposed Work and the sources of supply and materials, and we hereby agree to furnish all implements, machinery, equipment, transportation, tools, materials, supplies, labor, and other things necessary to the prosecution and completion of the work, fully understanding that the quantities shown in the Notice to Contractors and Proposal are approximate only, and that we will fully complete all necessary work in accordance with the Plans and the attached Specifications, and the requirements under them of the Engineer within the time limit specified in this Proposal for the following unit prices to-wit: I I I I I I All bid items shall include costs for furnishing to the City all material, equipment, and supplies and for all cost incurred in completing the work, including installation of all materials, equipment, and supplies furnished, complete in place and ready for continued service, including all tie-in work and testing, all other labor, permit fees, taxes, insurance, miscellaneous costs, overhead and profit. I Bid No 24-99/00 Dale: October 13. 1999 4 I I I I I I I I I , I I I I I I I I I I BID No. 24-99/00 BID PROPOSAL FOR 17TH STREET PARKING GARAGE LANDSCAPING PROJECT PROPOSAL PAGE 2 OF 6 The Contractor shall be Substantially Completed with the Work within sixty (60) calendar days after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within seventy-five (75) calendar days after the date when the Contract Time commences to run. The quantities are listed as an aid to the bidders and are not intended to be a complete list of materials or quantities. It shall be the Contractor's responsibility to determine quantities and provide all materials, labor, equipment and supervision necessary to complete the job as specified in the plans and technical special provisions. The installation guarantee and maintenance shall be included in the unit cost. The Landscape Architect, or the City, at their discretion, may add to or delete from the materials utilizing the unit price breakdown submitted to and accepted by the City. Unit prices shall be valid for one year from approval of Contract or for the duration of the Project, whichever is greater. This proposal shall include the total cost for supplying all labor, materials, tools, equipment, maintenance of traffic and supervision necessary to complete Project, as per drawings and specifications. Item 1 Provide all labor, equipment, material, and supervision to Furnish and Install the 17th Street Parking Garage Landscaping: Lump Sum $ 113,374.00 One hundred thirteen thousand three hundred and seventy four dollars and 7pro ~pntq r Written Amount Item 2 Allowance account for unforeseen conditions that may be encountered during construction. This allowance is a contingency fund to be used solely at the City's discretion for unforeseen conditions, problems, or conflicts not covered under other bid items. Allowance $9,000.00 Nine Thousand Dollars TOT AL BASE BID (Total items I and 2) $ 122,374.00 One hundred twenty-two thousand three hundred seventy four dollars and Z9rg QBRtl!:. Written Total Base Bid Bid No 24-99/00 Date: October 13, 1999 5 I I I I I I I I I I I I I I I I I I I BID No. 24-99/00 BID PROPOSAL FOR 17TH STREET PARKING GARAGE LANDSCAPING PROJECT PROPOSAL PAGE 3 OF 6 Schedule of Bid Items Botanical/Common Name Code Unit Price Aechmea chantnli or fasciata AEC S 19.80 Amazonian Zebra Bromeliad' Aglaonema commutatum AGL S 13.20 Aglaonema Aspergus densillorus ASP S 3.03 Sprenger Fern Alpinia zerumbet "Variegata" AZV $ 12.10 Shell Ginger Bougainvillea spectabills BOV S 82.50 Bougainvillea Chamaedorea cataractarum CAT S 104.50 Cat Palm Carissa "Emerald Blanket" CEB S 7.43 Dwarf Natal Palm Cbamaerops humilis CHH S 104.50 European Fan Palm Cycas revoluta CYC S 27.50 King Sago Cyrtomium Falcatum CYR S 104.50 Holly Fern Jasminum simplicifolium JAS $ 6.88 Wax Jasmin Licuala Spinosa r LSP $ 159.50 Spiny Licuala Nephrolepis biserrata "furcans" NBF $ 8.25 Fish Tale Philodendron selloum PHI S 27.50 Split Leaf Philodendron Russelia equistiformis RUS $ 7.15 Firecracker .' Seasonal Color SEA S 2.20 Annuals Spathlphyllum "Supreme" SPA S 16.50 Peace Lily Thrinax radiata THR S 148.50 Key Palm Bid No 24-99/00 Date October 13, 1999 6 I I I I I I I I , I I I I , I I I I I BID No. 24-99/00 BID PROPOSAL FOR 17TH STREET PARKING GARAGE LANDSCAPING PROJECT PROPOSAL PAGE 4 OF 6 Schedule of Bid Items Botanical/Common Name Code Unit Price Ptychosperma elegans "Spec." PE $ 412.50 Alexander Palm Pandanas utilis PU S 385.00 Screw Pine Paurotis wrightii PW S Saw Thatched Palm 440.00 Roystonea regia RR S 880.00 Cuban Royal Palm ~relitzia nicolai SN S 137.50 hite Bird of Paradise Sabal palmelto SP S 126.50 Cabbage Palm Veitchia montgomeryana VM S Montgomery Palm 302.50 Washingtonea robusta WR S 16'-$192.50/ 28'-$302.50 Washington Palm 22'-$247.50 8091 ::;ott ~16:~0/yd 801 Hu1ch $16.50/yd ADDENDUM ACKNOWLEDGMENT ADDENDUM F PERSON SIGNING BID No. 1 DATED 11/5/99 No. Bidder accepts all of the terms and conditions of the Bidding Documents, including without limitation those dealing with the disposition of the Proposal Guaranty. In submitting this Proposal, Bidder makes all representations required by the Instructions to Bidders and further warrants and represents that: a. Bidder has examined copies of all the Bidding Documents, the Notice to Contractors, the Proposal Requirements and Conditions, and the following Addenda (receipt of all which is hereby acknowledged): Bid No 24-99/00 Date" October 13, ) 999 7 I I I I I I I I I I I I I I I I I I I BID No. 24-99/00 BID PROPOSAL FOR 17TH STREET PARKING GARAGE LANDSCAPING PROJECT PROPOSAL PAGE 5 OF 6 b. Bidder has familiarized itself with the nature and extent of the Contract Documents, Work Site, Locality, and all Local Conditions and Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. c. Bidder has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Paragraph 4.2 of the General Conditions, and accepts the determination set forth in Paragraph SC-4.2 of the Supplementary Conditions ofthe extent of the technical data contained in such reports and drawings upon which Bidder is entitled to rely. d. Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (b) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by Bidder for such purposes. e. Bidder has reviewed and checked all information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground ' Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by Bidder in order to pepform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.3 of the General Conditions. f. Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. g. Bidder has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by City is acceptable to Bidder. Bid No 24-99/00 Date October 13,1999 8 I I I , , - I , , I - , ~ , , ~ , I , BID No. 24-99/00 BID PROPOSAL FOR 17TH STREET PARKING GARAGE LANDSCAPING PROJECT PROPOSAL PAGE 6 OF 6 The undersigned further agrees to perform all necessary "Extra Work", as provided for in the General and Supplementary Provisions and to execute the attached Contract within ten (10) calendar days after the date on which the Notice of A ward has been given. The undersigned further agrees to commence work under this Contract within seven (7) days following the date indicated on the Notice to Proceed by the City and to Substantially Complete the Work and to fully and Finally Complete the Work with the Contract Time period as stipulated in the Agreement. The undersigned further agrees to pay as liquidated damages for each consecutive calen~ar day that passes after the Contract Substantial Completion date that the Work is not substantially completed, and for each consecutive calendar day that passes after the Contract Final Completion date that the Work is not completed and ready for final payment, the amounts of liquidated damages being as stipulated in the Agreement. The undersigned further agrees to furnish sufficient and satisfactory bond in the sum of not less than (100%) one-hundred percent of the contract price of the work. The undersigned further agrees to bear full cost of maintaining all work until the final acceptance, as provided in the General Provisions. Accompanying this Proposal is a Bid Bond made payable to the City of Miami Beach, Florida in the sum of 5% of bid amount. Dollars $ 5% of bid amount. Bid Bond is to be forfeited as liquidated damages if, in case this Proposal is accepted, the undersigned shall fail to execute the attadhed Contract under the conditions of this Proposal; otherwise, said Bid Bond is to be returned to the undersigned upon the delivery of Satisfactory Bond. Jaffer Associates, Ltd. SIGNATURE: TITLE/PRINTED NA Friedlander 2801 N.W. 6 h Avenue, Miami, FL 33127 ADDRESS: TELEPHONE NUMBER: (305) 576-7363 FAX: (305) 573-8711 Bid No 24-99/00 Date: October 13, 1999 9 I I I I I I I I I I I I I I , I I I I CONTRACTOR'S QUESTIONNAIRE NOTE: Information supplied in response to this questionnaire is subject to verification. Inaccurate or incomplete answers may be grounds for disqualification from award of this bid. Submitted to The Mayor and City Commission of the City of Miami Beach, Florida: By Jaffer Associates. Ltd. PrincipalOffice 2801 N.W. 6th Avenue, Miami, FL 33127 How many years has your organization been in business as a General Contractor under your present business name? ~ / A Does your organization have current occupational licenses entitling it to do the work contemplated in this Contract? Yes State of Florida State of Florida occupational license - state type and number: Well Dri 11er, 11033 Metro Dade County Occupational License 025682-6 Dade County certificate of competency - state type and number: SDW011033 City of Miami Beach occupational license - state type and number: N / A Include copies of above licenses and certificates with proposal. How many years experience in similar work has your organization had? (A) As a General Contractor N/A (B) As a Sub-Contractor 50 (C) What contracts has your organization completed? Contract Amt Class of Work When Completed Name/Address of Owner See Attached List. Have you ever had a contract terminated (as prime contractor or sub-contractor, under existing company name or another company name) due to failure to comply with contractual specifications? No . If so, where and why? N / A Has any officer or partner of your organization ever failed to complete a construction contract handled in his own name? No. If so, state name of individual, name of owner, and reason thereof N / A Bid No 24-99/00 Dale October 13, 1999 10 I I In what other lines of business are you financially interested or engaged? Well Drilling and Irrigation. I Give references as to experience, ability, and financial standing Su~trust N.A., 111 Lincoln Road, Miami,Beach, FL 33139, Contact: Brian Clay I I I What equipment do you own that is available for the proposed work and where located? 4500 Ditchwitch Trencher What Bank or Banks have you arranged to do business with during the course of the Contract should it be awarded to you? Suntrust, N.A. 111 Lincoln Road Miaui Beach. FL 33139 Contact: Brian Clay I , Please list the names and addresses of the subcontractors to be used for the portions of the work listed below. Sign, Howard Industri~s, 6400 Howard Dr., Fairview, Pennsylvania 16415 , I Landscaping, Landscape Associates, P.O. Box 562435, Miami, FL 33256 Electrical, Langer Electric, 8901 NW 7th Avenue, Miami, FL 33150 Sidewalk Re~airs, S. & S Contractors. 8346D N.W. South River Dr., Miami, FL 33166 ~ I - ~ t RTIFY that the above answers are true and correct. (SEAL) President of the General Partner, Jaffer (SEAL) , ~ ~ I Bid No 24-99/00 Date: October 13, 1999 11 I , BID No. 24-99/00 CUSTOMER REFERENCE LISTING Contractor's shall furnish the names, addresses, and telephone numbers of a minimum of four (4) firms or government organizations for which the Contractor is currently furnishing or has furnished, similar services. 1) Company Name Address City of Hialeah P.O. Box 110040, Hialeah, FL 33011 Contact Person Jorge Guanchez Telephone Number ( 305) 687-2611 Facsimile Number 2) Company Name Address Contact Person Telephone Number Facsimile Number 3) Company Name Address Contact Person Telephone Number Facsimile Number 4) Company Name Address Contact Person Telephone Number Facsimile Number Bid No 24-99/00 Date October 13, 1999 City of Miami Beach 2100 Meridian Avenue, Miami Beach, FL 33139 John Oldenburg (305) 673-7720 (305) 673-7392 Cosaan Homes 21055 Ycht Club Drive, Aventura, FL 33180 rDavid Alexander (305) 935-4061 OJ5) 935-2155 Central Florida Equipment 9030 N.W. 97th Terrace, Medley, FL 33178 Robert Baer (305)' 888-3344 (05) 887-7804 12 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Jaffer Associates, Ltd. 2801 N.W. 6th Avcnue, Miami, FL 33127 as Principal, hereinafter called the Principal, and American Casualty Company of Reading Pennsylvania 2600 Lucien 'Yay, Suitc 130, Maitland, FL 32751 a corporation duly organized under the laws of the State of Pennsylvania as Surety, hereinafter called the Surety, are held and firmly bound unto City of Miami Beach, 1700 Convention Center Drive, Miami Beach, FL 33139 as Obligee, hereinafter call the Obligee, in the sum of Five Percent of Amount Bid (5%) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal has submitted a bid for 17th Street Parking Garage Landscaping Project NOW, THEREFORE, if the Obligee shall accept the bid of the principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment oflabor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed November 12, 1999. Witncsses: (Seal) r:ftoofu o6ld0 c2-0:~ /' / By: Mich I A. Holmes, Attorney-In- Florida Resident Agent re (Seal) - POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation (herein collectively called "the CCC Surety Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint Gerald J. Arch, Michael A. Holmes, Thomas E. Riley, G. W. Fitch, Individually of Ft Lauderdale, Florida their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - for any and all surety bonds and any and all consents required by the State Department of Transportation of the State of Florida, incident to the release of retained percentages and/or estimates on engineering and lor construction contracts. and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 14th day of September 1998 CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD /if;;::;L :/t;d;;:G. PENNSYLVANIA Marvin J. Cashion Group Vice President State of Illinois, County of Cook, ss: On this 14th day of September 1998 ,before me personally came Marvin J. Cashion, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. 1f~9 ~ My Commission Expires March 6, 2000 CERTIFICATE Mary Jo Abel Notary Public I, Mary A. Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 12 th day of November 1999 (Rev.10/1/9?) CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA ~a~ Mary A. Ribikawskis Assistant Secretary ~.".~' 1& ~;J ~$, LTtl. CC , 11033 RECENTLY COMPLETED PROJECTS: AMOUNT DATE TYPE $ll3,210.27 12/97 City oflEaleah, 74th'Street-Park- City of Hialeah P.O. Box 110040 Hialeah, FL 33011 $84,621.16 4/98 Santa Maria Condominium' Bovis FL. Inc. 1643 Brickell Avenue Miami, FL 33129 . $24].199.19 ]2/97 DadeJand Mall Central Florida Equipment 9030 NW 97th Terrace M~ley, FL 33178 $ 50,904.12 9/97 Atlantic n Condominium Co scan WaterwAys 20803 Biscayne Blvd.. Suite 103 Aventura, FL 33180 $ 42,000.00 10/97 Atlantic IT Condominium II Coscan Waterways The Point at the Waterways 21055 Yacht Club Drive Aventura, FL 33180 Well Drilling Irrigation Pumps Water Treatment On Site Fire Systems Recovery Wells Monitoring Wells ,1"tlel' .l\Noc'''lIlS, l1t1. 2801 N.W. 6th Avenue MI4i!ml, Floricla 33127-3937 P.O. Box 370277 Miami, Florida 33137-0277 Dade: 3051576-7363 Broward: 954/523-6669 FAX: 3051573-8711 . com ACT & Nl1MlmR George Guanchez (3e5} 687-2611 Greg. Stepp (305)373-8006 Bob Baer. (305) 888-3344 .' Lenny O'Neill, (305) 935-5753 Lenny O'Neill, (305) 935-4061 $ 34,288.00 4/98 Ocean Club Towerll Morse Diesel International 785 Crandon Blv<L KeyBiscayn~FL 33149 Robin (305) 361;;.(j96Q $ 67,600.00 3/97 " The Gables Condominium Ed Fallon (305) 662-7906 Morse Diesel Int'l 60 Edgewater Drive " Coral Gables, FL 33133 $ 23,500.00 8/98 Sunset Harbour South Condo~ Debbie Spazzano (305) 531-7010 DeC Constructors, Inc. 3SS S. CR 427 Longwood, FL 32750 ~ 44,500.00 3/96 Sheraton BaI Harbour Bliss (305) 258-8011 Tropics North Landscaping 26401 S.W. 107th Avenue Princeton, FL 33032 , $73,800.00 7/95 Pinecrest Elementary-School- Bernie Friesmuth (305)-262-9:337 Danville-Fmdorff 2811 SW 70th Avenue P.O. Box 140938 Coral Gables, FL 3311~S- t $41,786.52 9/99 A ventura Hospital David Bradenburg Wehr Constructors, Inc. 917 South Parsons Ave. Bradenton, FL 33511 Tel: (813) 654-6558 $49,950.00 8/99 Ernest Graham Park Jorge Guanchez (305) 687-2611 City of Hialeah (fA)t) b~7 -.20"?L- P.O. Box 110040 Hialeah, FL 33011 $31,262.00 8/99 Fleet Maintenance Facility Jorge Guanchez (305) 687-2611 City of Hialeah P.o. Box 11 0040 Hialeah, FL 33011 $35,800.00 9/99 Cots on Park Jorge Guanchez (305) 687-2611 City of Hialeah , P.O. Box 110040 Hialeah, FL 33011 $11,372.00 3/99 Suntrust - Bal Harbour Gisella Soto (305) 392-4150 Phillips-Adler Construction 1400 N.W. 107th Avenue Miami,FL 33172 $45,385.54 5/99 Tequesta Two Joe Fritz (305) 258-3411 Melrose NUItery 26100 SW 122nd Avenue Homestead, FL 33032 $8,765.14 8/99 16th Street Improvements Gus Cabrera (305) 599-1800 Church & Tower 3155 NW 77th Avenue Miami, FL 33122 $22,300.00 6/99 Ocean Club Tower III Leonard O'Neill (305) 361-6960 Morse Diesel 785 Crandon Boulevard Key Biscayne, FL 33149 $39,500.00 1/99 The Pinnacle Ronnie Gaines (305) 274-2702 GS II Corp. ;L7\.f - Z'itS7 9300 SW 87th Avenue, Suite 6 Miami, FL 33176 . . " It Ii ASSOCIATtS. LTD. CC # 11033 Well Drilling Irrigation Pumps Water Treatment On Site Fire Systems Recovery Wells Monitoring Wells REFERENCES Ed Fallen Morse Diesel Tel: (305) 932-6717 1000 Island Blvd. North Miami Beach, FL 33160 Ron Gaines GS II Corp. Tel: (305) 274-2702 9300 SW 87th Avenue Miami, FL 33176 Bob Baer Central Florida Equipment Tel: (305) 888-3344 9030 NW 97th Terr. Miami, FL 33178 Greg Stepp Bovis Florida Inc. 1643 Brickell Avenue .Miami, FL 33129 Tel: (305) 860-9011 ,la'tfel' AJlJlClclate!l, L'ttl. 2801 N.W 6th Avenue Miami, Florida 33127-3937 P.O. Box 370277 Miami, Florida 33137-0277 Dade: 305/576-7363 Broward: 954/523-6669 FAX: 305/573-8711 'v1IA~II-DADE COUNn BUILDII'JG CODE Cm~PLlANCE OFFICE 140 W. FLAGLER 8L SUITE 1602. ,"I'A~'I FL 33130 (305) 375-2527 P H:{.~ : .'1 A I C::;)iT'.:T[~'.~:-:: no-: r","'pcr:--1CY .,~. '.. t~. _. ...... i._ " ~ ...~ '-' ,., .- '- E:~rp,:s ':ii'l C--';/J1/2()O~: ,~~~. )L\'<;:~"\ '":t,r;:-:~: C S .~': 1; 6- J 8-:' c) .... CertlfIcate Not Valid For Contracting w a: w J: o ...J o lJ.. TRADE: PLUr-'SING S :<. ILL: ~ A S T E ;~ CATEGORY(S): PLACE PHOTO HERE INSTRUCTIONS QUINTANA, RA Sd;re:ar (OflSf[lJC110/' TrdJ~S O'..al !y-n~ B',J~lJd . ;r;N CERTI0ICAT~ - ATfACrl PICTURE - FCLD - LAMINAT~ lHL-Y C'JNTRACT'JR SECT:JN CF ANY CHANGE CF .AODRF:SS. \ '31' t.' 2 Y T 1-1:: R U L :: $!' N.j q,~~ G U L A T I G N S C F CHAPTER J C .c TH~ CJ07 CF ~I^MI-DADE COUNTY. , ~. . . ~~I~OLANDER El~=N~ C 1~':;:]'J '_UGC }',\f ': :r:q,\l GA--LES ':L 3J15~ MiAMI-DADE COUNTY BUILDI~JG CODE COMPLIANCE OFFICE HO 'II >=L,~GLER ST. SUITE 1602 ~lIMAI FL 3.31J0 1305\ 375,2527 E U S r\I:3: C~P~T~:(AT[ tf cn~PET~NCY ~xrI~=5 eN 03/?1/200~ JA~~_ A5~nCTATFS LTn c. (4 'D,.: .-n PC;"10:' C~ '3 C .. A.: -::z r -: 'll ,.l V >C?': U G ': N'C: _ S. .- .\ 'J.: . \1 56':" 3 :j'-: 239'5 . . Ql.W.FYN3 AGeNT lOA) WST SU"EfMSE. DIFECT ~ COHmOL AU. 'M)fK CCNTRACTCR TRADE: PLUMBING w . CATEGORYiSi: a: L6.WN SPR INK LER w J: Cl ...J o lJ.. P LA C E PHOTO HERE INSTRIICTION : E.:..;:v<: . S f';N C:R'fIFICAT~ - ATTACH PICTURE - FOLD - LAMINATE · T:::TI;=Y CJNTRACrjR SFCT!ON tJF ANY CHANGE CF AODP~SS. . \3 E}t~ BY TH; RUI_,-:S ,:\NiJ R--:GUlATIONS Of ChAPTER 10 ~~ THE COD OF ~IAMI-DADi COUNTY. JA;=~q AS~CCI~T~$ LTC 73"'J. $"J\i I) fo.V=. ~1~~1 FL 33121 S~ate of Florida DEPARTMENT OF REVENUE CERTIFICATE OF REGISTRATION THIS CERTIFICATE IS NON TRANSFERABLE Issued Pursuant to Chapter 212, Florida Statutes CERTIFICATE NUMBER 23-0/:!-31080"-34 APPLICABLE ONLY IF CHECKED: D EXEMPT PURCHASE PERMIT 0 FOR MUL TI.STATE BUSINESSES SERVICE RESALE PERf, THIS CERTIFIES THAT JAFFER ASSOC LTD 21111 SW 3RD ST MIAMI FL 3313! FL 33135 IS HEREBY AUTHORIZED AND EMPOWERED TO COLLECT SALES AND USE TAXES FOR THE STATE OF FLORIDA THIS CERTIFICATE MUST BE POSTED IN A CONSPICUOUS PLACE EASE REFER TO YOUR CERTIFICATE NUMBER WHEN REPORTING TAX ~~! cO'l.P!t.'! f40w~"~:$T. ~ml;~ft?:a180 1m OCCUPATIONAL UC&NII TAX aooo M1AMI-DAD& COUNTY .ITATI OF FLORIDA IXPIRIS SiPT. 30, 2000 MUST .1 OISPLAVIO AT PLAta OF BUIINI" PURSUANT TO COUNTY COOl CHAPTlR 8A. ART. t & 10 FIRST-CLASS U.S. POSTAGE PAID MIAMI FL PERMIT NO. 231 '25682-6 IUSINESS NAME I LOCATION AFFER AssacrArE~ LTJ 2a01 NW 6 AVE ,3121 MIAMI RENEWAL LICENSE NO. OZ5682-6 STATE ~SWDOl1033 )WNER IAFFEit ASSOCIA T c$ L fi.> >ec. Type of Business wORK ER.':Y .96 SPECIALTY PLUMBING 20 ; AN OCCUPATIONAL 'Nl Y. IT DOES NOT I TIlE UCEHSE.E TO IE A'f'f EXISTING ~TO~~ gg~'~ r DO NOT FORWARD . NOR DOES IT ~~E~~ JA;:r=~..{ AS';OCIA TES L TJ ~~:~T~~ ? J 30X 37j277 ~~E'S gLAUF~: '1 r AM r F L 33:37 tIT RECEIVED COUNTY TAll .CTOR: 09/29/1999 220000641 000031.50 SEE OTHER SIDE STATE OF FLORIDA WATER WELLCONntlOTOR LICENSE fSsued to EUQi1Nli c. .~I~ South Florida \Va~ ~ District LkeruIe No. l!1'i..U~7 /31/0 1 .~~ nCATION OFFICER CITY OF MIAMI BEACH to CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33 139 CITY OF MIAMI BEACH BID NO. 24-99/00 CITY OF MIAMI BEACH ADDENDUM NO.1 November 5, 1999 City of Miami Beach Bid No. 23-99/00 17th Street Parking Garage Landscaping Project, is amended as follows: Included in the addendum: I. Question received from prospective bidder and corresponding answer. QI. The note on Plan Sheet L-l states that the Project Electrical Engineer will provide circuit design, please provide. AI. The Electrical power for the uplights shall be obtained from the Electrical Panel "P-4" located in the Transformer Room on the Southeast corner of the Parking Garage. The successful Contractor shall be responsible to install all required conduit and cable. When submitting your bid, please note that Addendum No.1 was received. We look forward to receiving your bid. CITY OF MIAMI BEACH r-;; -'\ {~/~) Michael A. Rath, CPPB Procurement Director Bid No. 24-99/00 Date: November 5, 1999 INVITATION TO BID 17TH STREET PARKING GARAGE LANDSCAPING PROJECT BID No. 24-99/00 BID OPENING: NOVEMBER 12,1999 AT 3:00 PM Issued by: Michael A. Rath, CPPB, Procurement Director City of Miami Beach - Procurement Division 1700 Convention Center Drive Miami Beach, FL 33139 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http://ci.miami-beach. fl. us PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 CITY OF MIAMI BEACH INVITATION TO BID NO. 24-99/00 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 12th day of November, 1999 for: 17TH STREET PARKING GARAGE LANDSCAPING PROJECT At time, date and place above, bids will be publicly opened. Any bids received after time and date specified will be returned to the bidder unopened. Drawings and specifications will be available October 15, 1999 for a non-refundable cost of$25.00 per set at the office of the Procurement Director, 1700 Convention Center Drive, 3rd Floor, Miami Beach, Florida. The budget for this project is $90,000. A Bid Bond of five (5%) percent of the bid amount will be required. The successful bidder will be required to furnish Performance and Payment Bonds, each in the amount of one-hundred (100%) percent of the contract amount. You are hereby advised that this Invitation to Bid is subject to the "Cone of Silence, " in accordance with Ordinance 99-3164. From the time of advertising until the City Manager issues his recommendation, there is a prohibition on communication with the City's professional staff. The ordinance does not apply to oral communications at pre-bid conferences, oral presentations before evaluation committees, contract discussions during any duly noticed public meeting, public presentations made to the City Commission during any duly noticed public meeting, contract negotiations with the staff following the award of an RFP, RFQ, RFLI, or bid by the City Commission, or communications in writing at any time with any city employee, official, or member of the City Commission unless specifically prohibited. A copy of all written communications must be filed with the City Clerk. Violation of these provisions by any particular bidder or proposer shall render any RFP award, RFQ award, RFLI award, or bid award to said bidder or proposer void, and said bidder or proposer shall not be considered for any RFP, RFQ, RFLI or bid for a contract for the provision of goods or services for a period of one year. Bid No. 24-99/00 Date: October 13,1999 2 , Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing by mail or facsimile to the Procurement Department, 1700 Convention Center Drive, Miami Beach, FL 33139 FAX: (305) 673-7851. The bid title/number shall be referenced on all correspondence. All questions must be received no later than 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. NO QUESTIONS WILL BE RECEIVED VERB ALL Y OR AFTER SAID DEADLINE. The City of Miami Beach reserves the right to accept any bid deemed to be in the best interest of the City of Miami Beach, or waive any informality in any bid. The City of Miami Beach may reject any and all bids. CITY OF MIAMI BEACH ~Qa~ Michael A. Rath, CPPB Procurement Director Bid No. 24-99/00 Date: October 13, 1999 3 BID No. 24-99/00 BID PROPOSAL FOR 17TH STREET PARKING GARAGE LANDSCAPING PROJECT PROPOSALPAGE10F6 PROPOSAL OF (Name) (Address) (FOR) Constructing the improvements designated and described in the attached Notice to Contractors, and which said Improvements are designated as the 17TH STREET PARKING GARAGE LANDSCAPING PROJECT and more particularly set forth herein. SUBMITTED 19 TO MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA: We the undersigned, hereby declare that no person or persons, firm or corporation other than the undersigned, are interested in this Proposal, as principals, and that this Proposal is made without collusion with any person, firm or corporation, and we have carefully and to our full satisfaction examined the attached Notice to Contractors, General Provisions, Specifications for Materials and Construction Methods, Supplementary Conditions, and form of Contract and Bond, together with the accompanying Plans, and that we have made a full examination of the location of the proposed Work and the sources of supply and materials, and we hereby agree to furnish all implements, machinery, equipment, transportation, tools, materials, supplies, labor, and other things necessary to the prosecution and completion of the work, fully understanding that the quantities shown in the Notice to Contractors and Proposal are approximate only, and that we will fully complete all necessary work in accordance with the Plans and the attached Specifications, and the requirements under them of the Engineer within the time limit specified in this Proposal for the following unit prices to-wit: All bid items shall include costs for furnishing to the City all material, equipment, and supplies and for all cost incurred in completing the work, including installation of all materials, equipment, and supplies furnished, complete in place and ready for continued service, including all tie-in work and testing, all other labor, permit fees, taxes, insurance, miscellaneous costs, overhead and profit. Bid No. 24-99/00 Date: October 13, 1999 4 BID No. 24-99/00 BID PROPOSAL FOR 17TH STREET PARKING GARAGE LANDSCAPING PROJECT PROPOSAL PAGE 2 OF 6 The Contractor shall be Substantially Completed with the Work within sixty (60) calendar days after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within seventy-five (75) calendar days after the date when the Contract Time commences to run. The quantities are listed as an aid to the bidders and are not intended to be a complete list of materials or quantities. It shall be the Contractor's responsibility to determine quantities and provide all materials, labor, equipment and supervision necessary to complete the job as specified in the plans and technical special provisions. The installation guarantee and maintenance shall be included in the unit cost. The Landscape Architect, or the City, at their discretion, may add to or delete from the materials utilizing the unit price breakdown submitted to and accepted by the City. Unit prices shall be valid for one year from approval of Contract or for the duration of the Project, whichever is greater. This proposal shall include the total cost for supplying all labor, materials, tools, equipment, maintenance of traffic and supervision necessary to complete Project, as per drawings and specifications. Item 1 Provide all labor, equipment, material, and supervision to Furnish and Install the 17th Street Parking Garage Landscaping: Lump Sum $ Written Amount Item 2 Allowance account for unforeseen conditions that may be encountered during construction. This allowance is a contingency fund to be used solely at the City's discretion for unforeseen conditions, problems, or conflicts not covered under other bid items. Allowance $9,000.00 Nine Thousand Dollars TOTAL BASE BID (Total items 1 and 2) $ Written Total Base Bid Bid No. 24-99/00 Date: October 13, 1999 5 BID No. 24-99/00 BID PROPOSAL FOR 17TH STREET PARKING GARAGE LANDSCAPING PROJECT PROPOSAL PAGE 3 OF 6 Botanical/Common Name Code Unit Price Aechmea chantnli or fasciata AEC $ Amazonian Zebra Bromeliad Aglaonema commutatum AGL $ Aglaonema Aspergus densiflorus ASP $ Sprenger Fern Alpinia zerumbet "Variegata" AZV $ Shell Ginger Bougainvillea spectabil/s BOU $ Bougainvillea Chamaedorea cataractarum CAT $ Cat Palm Carissa "Emerald Blanket" CEB $ Dwarf Natal Palm Chamaerops humilis CHH $ European Fan Palm Cycas revol u ta CYC $ King Sago Cyrtomium Falcatum CVR $ Holly Fern Jasminum simplicifolium JAS $ Wax Jasmin Licuala Spinosa LSP $ Spiny Licuala Nephrolepis biserrata "furcans" NBF $ Fish Tale Philodendron selloum PHI $ Split Leaf Philodendron Russelia equistiformis RUS $ Firecracker Seasonal Color SEA $ Annuals Spathiphyllum "Supreme" SPA $ Peace Lily Thrinax radiata THR $ Key Palm Schedule of Bid Items Bid No. 24-99/00 Date: October 13, 1999 6 BID No. 24-99/00 BID PROPOSAL FOR 17TH STREET PARKING GARAGE LANDSCAPING PROJECT PROPOSAL PAGE 4 OF 6 Schedule of Bid Items Botanical/Common Name Code Unit Price Ptychosperma elegans "Spec." PE $ Alexander Palm Pandanas utilis PU $ Screw Pine Paurotis wrightii PW $ Saw Thatched Palm Roystonea regia RR $ Cuban Royal Palm Strelitzia nicolai SN $ White Bird of Paradise Sabal palmetto SP $ Cabbage Palm Veitchia montgomeryana VM $ Montgomery Palm Washingtonea robusta WR $ Washington Palm ADDENDUM ACKNOWLEDGMENT ADDENDUM DATED SIGNATURE OF PERSON SIGNING BID No. No. Bidder accepts all of the terms and conditions of the Bidding Documents, including without limitation those dealing with the disposition of the Proposal Guaranty. In submitting this Proposal, Bidder makes all representations required by the Instructions to Bidders and further warrants and represents that: a. Bidder has examined copies of all the Bidding Documents, the Notice to Contractors, the Proposal Requirements and Conditions, and the following Addenda (receipt of all which is hereby acknowledged): Bid No. 24-99/00 Date: October 13, 1999 7 BID No. 24-99/00 BID PROPOSAL FOR 17TH STREET PARKING GARAGE LANDSCAPING PROJECT PROPOSAL PAGE 5 OF 6 b. Bidder has familiarized itself with the nature and extent of the Contract Documents, Work Site, Locality, and all Local Conditions and Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. c. Bidder has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Paragraph 4.2 of the General Conditions, and accepts the determination set forth in Paragraph SC-4.2 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which Bidder is entitled to rely. d. Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (b) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by Bidder for such purposes. e. Bidder has reviewed and checked all information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by Bidder in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.3 of the General Conditions. f. Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. g. Bidder has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by City is acceptable to Bidder. Bid No. 24-99/00 Date: October 13, 1999 8 BID No. 24-99/00 BID PROPOSAL FOR 17TH STREET PARKING GARAGE LANDSCAPING PROJECT PROPOSAL PAGE 6 OF 6 The undersigned further agrees to perform all necessary "Extra Work", as provided for in the General and Supplementary Provisions and to execute the attached Contract within ten (10) calendar days after the date on which the Notice of Award has been given. The undersigned further agrees to commence work under this Contract within seven (7) days following the date indicated on the Notice to Proceed by the City and to Substantially Complete the Work and to fully and Finally Complete the Work with the Contract Time period as stipulated in the Agreement. The undersigned further agrees to pay as liquidated damages for each consecutive calendar day that passes after the Contract Substantial Completion date that the Work is not substantially completed, and for each consecutive calendar day that passes after the Contract Final Completion date that the Work is not completed and ready for final payment, the amounts of liquidated damages being as stipulated in the Agreement. The undersigned further agrees to furnish sufficient and satisfactory bond in the sum of not less than (100%) one-hundred percent of the contract price of the work. The undersigned further agrees to bear full cost of maintaining all work until the final acceptance, as provided in the General Provisions. Accompanying this Proposal is a Bid Bond made payable to the City of Miami Beach, Florida in the sum of Dollars $ Bid Bond is to be forfeited as liquidated damages if, in case this Proposal is accepted, the undersigned shall fail to execute the attached Contract under the conditions of this Proposal; otherwise, said Bid Bond is to be returned to the undersigned upon the delivery of Satisfactory Bond. FIRM'S NAME (Print or Type): SIGNA TURE: TITLE/PRlNTED NAME: ADDRESS: TELEPHONE NUMBER: FAX: Bid No. 24-99/00 Date: October 13, 1999 9 CONTRACTOR'S QUESTIONNAIRE NOTE: Information supplied in response to this questionnaire is subject to verification. Inaccurate or incomplete answers may be grounds for disqualification from award of this bid. Submitted to The Mayor and City Commission of the City of Miami Beach, Florida: By Principal Office How many years has your organization been in business as a General Contractor under your present business name? Does your organization have current occupational licenses entitling it to do the work contemplated in this Contract? State of Florida occupational license - state type and number: Dade County certificate of competency - state type and number: City of Miami Beach occupational license - state type and number: Include copies of above licenses and certificates with proposal. How many years experience in similar work has your organization had? (A) As a General Contractor (B) As a Sub-Contractor (C) What contracts has your organization completed? Contract Amt Class of Work When Completed Name/Address of Owner Have you ever had a contract terminated (as prime contractor or sub-contractor, under existing company name or another company name) due to failure to comply with contractual specifications? If so, where and why? Has any officer or partner of your organization ever failed to complete a construction contract handled in his own name? If so, state name of individual, name of owner, and reason thereof Bid No. 24-99/00 Date: October 13, 1999 10 In what other lines of business are you financially interested or engaged? Give references as to experience, ability, and financial standing What equipment do you own that is available for the proposed work and where located? What Bank or Banks have you arranged to do business with during the course of the Contract should it be awarded to you? Please list the names and addresses of the subcontractors to be used for the portions of the work listed below. I HEREBY CERTIFY that the above answers are true and correct. (SEAL) (SEAL) Bid No. 24-99/00 Date: October 13. 1999 11 BID No. 24-99/00 CUSTOMER REFERENCE LISTING Contractor's shall furnish the names, addresses, and telephone numbers of a minimum of four (4) firms or government organizations for which the Contractor is currently furnishing or has furnished, similar services. I) Company Name Address Contact Person Telephone Number Facsimile Number 2) Company Name Address Contact Person Telephone Number Facsimile Number 3) Company Name Address Contact Person Telephone Number Facsimile Number 4) Company Name Address Contact Person Telephone Number Facsimile Number Bid No. 24-99/00 Date: October 13,1999 12 AGREEMENT THIS AGREEMENT made this day of 19, A.D. between the CITY OF MIAMI BEACH, a Florida municipal corporation, hereinafter called the City, which term shall include its successors and assigns, party of the one part, and hereinafter called the Contractor, which term shall include its heirs, successors and assigns, party of the other part. WITNESSETH that the said Contractor for the consideration and compensation herein agreed to be paid and the said City in consideration of the construction of improvements to be done by said Contractor and designated" 17th Street Parking Garage Landscaping Project" by said City, do hereby mutually agree as follows: 1. This Agreement shall extend to and be obligatory upon said City, its successors and assigns, and upon said Contractor and its heirs, successors and assigns. Neither this Agreement nor any part thereof nor any part of the Work herein contemplated, shall be assigned or sublet, nor shall any sums of money provided to be paid to said Contractor be assigned by said Contractor to anyone without the consent of the City Commission of said City evidenced by its resolution. 2. The foregoing pages of this booklet, including the Notice to Contractors, the Proposal, and the Contract Documents and such alterations as may be made in said Plans and Specifications as therein provided for, are hereby referred to and made a part of this Agreement and the terms and conditions set forth therein, except when in direct conflict with this written Contract, are as much a part hereof as if copied herein. If conflicts exist between them and this written instrument, only that part of the matter in direct conflict herewith shall not be construed to be a part hereof. 3. The Contractor shall commence work within seven (7) days of the Notice to Proceed and shall construct and complete in a good and workmanlike manner the materials herein referred to, strictly in accord herewith the following: 3.1 The Contractor shall be Substantially Completed with the Work within sixty (60) calendar days after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within seventy-five (75) calendar days after the date when the Contract Time commences to run. Bid No. 24-99/00 Date: October 13, 1999 13 3.2 Damages - City and Contractor recognize that the City will suffer direct financial loss if Work is not completed within the Contract times specified in paragraph 3. I above plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time, and therefore time is of the essence. Accordingly, instead of requiring any such proof Contractor agrees to forfeit and pay Owner as liquidated damages for delay (but not as a penalty) the amount of Three Hundred Dollars ($300.00) for each calendar day that expires after the Contract Time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time, Contractor shall pay Owner Three Hundred Dollars ($300.00) for each calendar day that expires after the time specified in Paragraph 3.1 for completion and readiness for final payment. These amounts represent a reasonable estimate of Owner's expenses for extended delays and for inspection, engineering services and administrative costs associated with such delay. 4. In such construction said Contractor shall furnish all implements, machinery, equipment, transportation, tools, materials, supplies labor, and other things necessary to the execution and completion of the Work, nothing being required of the City except that it may, at its expense, supervise such construction and enter upon and inspect the same at all reasonable times. 5. If any dispute arises between the City and said Contractor with reference to the meaning or requirements of any part of this Contract and they cannot agree, the more stringent requirements shall govern as determined by the City. 6. If the Contractor shall complete the construction herein contemplated in a good and workmanlike manner within the time herein specified and in accord herewith, the said City shall pay to the Contractor the contract sum in accordance with the Conditions of the Contract. The City, by allowing Contractor to continue with said construction after the time for its completion hereinbefore stated shall not deprive City of the right to exercise any option in this Agreement contained nor shall it operate to alter any other term of this Agreement. 7. The Contractor shall file with the Procurement Director of said City of Miami Beach a Performance and Labor and Material Payment Bond, each in the amount of 100 percent of Contract Amount, in the form as set forth herein or as otherwise approved by the City of Miami Beach City Attorney and shall be executed by said Contractor and Surety Agent authorized to do business in the State of Florida. 8. The Contractor shall file Insurance Certificates, as required, and they must be signed by a Registered Insurance Agent licensed in the State of Florida and approved by the City of Miami Beach Risk Manager. Bid No. 24-99/00 Date: October 13, 1999 14 9. All documents shall be executed satisfactorily to said City and until Bonds and Insurance Certificates have been filed and approved, this Contract Agreement shall not be effective. 10. Owner shall pay Contractor for performance of the Work in accordance with the Contract Documents in current funds at the lump sum or unit prices presented in the Bid Proposal, attached to this Agreement. The parties expressly agree that the Contract Price is a stipulated sum except with regard to the items in the Bid which are subject to unit prices. Contract Price: $ 11. The Contract Documents which comprise the entire Agreement between City and Contractor are attached to this Agreement and made a part hereof. The Contract Documents may only be amended, modified or supplemented as provided in the General Conditions. IN WITNESS WHEREOF the said City has caused this Agreement to be signed by the Mayor of the City of Miami Beach, Florida and its corporate seal to be affixed, attested by the City Clerk of the City of Miami Beach and the said Contractor has caused this Agreement to be signed it its name. (SEAL) CITY OF MIAMI BEACH Contractor By (Authorized Corporate Officer) By Mayor ATTEST: Title City Clerk Bid No. 24-99/00 Date: October 13. 1999 15 This is the front page of the performance/payment bond issued in compliance with Florida Statute Chapter 255.05 Surer] Name: American Casualty Company of Reading Pennsylvania 2600 Lucien Way, Suite 130 Maitland, FL 32751 877-276-7511 Bond Number: 929112707 Contractor Name: Jaffer Associates, Ltd. 2801 N.W. 6th Avenue Miami, FL 33127 305-576-7363 Owner Name: City of Miami 1700 Convention Center Drive Miami Beach, FL 33139 Project Number: N/ A Project Description: 17th Street Parking Garage Landscaping Project Project Address: 17th Street Parking Garage Landscaping Project, Miami Beach, Florida Legal Description of Property: 17th Street Parking Garage Landscaping Project, Miami Beach, Florida This is the front page of the bond. All other pages are subsequent regardless of the pre-printed numbers. Bond No.929112707 PERFORMANCE BOND (This bond meets and exceeds the requircmems of Florida Statutes Section 255.05) STATE OF FLORIDA) ss COUNTY OF Mia)ni-Dade KNOW ALL MEN BY THESE PRESENTS that we, JAFFER ASSOC~.AIES, LID. as Princinal. hereinafter called Coniractor. and ~lijYAb1N~~~syE\flHrr1F a; Surety, are firmly bound unto thHe Caity of Miami T Th --l.!.l:- all.L . . . .. ~One un red Twentv wo ousand Beach, Florida. liS Obhgee, heremafter called the City, m the Penal sum of Three Hundred Seventy Four 00/10 Dollars ($ 122 .374.00 ), ror the payment of which sum well and trujy to be made, we bind ours~lves, our heirs, executors, administrators, successors and assign:;;, jointly and severally, firmly by these presents. WHEREAS, Contractor. on the _ day of., .' 19_", entered into a certain contract with the City, hereto attached, for BID NO. 24-99/00, Entitled, "17TH STREET PARKING GARAGE LANDSCAPING PROJECT" which Contract is made n part hereof by reference thereto. NOW, TIIEREli'ORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of sBid Contract, and all duly authori:r.ed modifications of said Contract that may hereafter be made, notice of which modificati ons to the Surety being hereby waived, then this obligation shall be void; otherwise to remain in full force and effect. WHENEVER the Principal shaH be and is declared by tho Ciiy to be in default under the Contract, or whenever the Contract has been terminated by default of the Contractor, the City having performed the Chis obligations thereunder, the Surety shall: 1. Complete the Contract in accordance with its (ems and conditions, or at the City's sole option. 2. Obtain a Bid or Bids for submission to the City for completing the Contract in accordance with its terms and conditions, and upon detennination by the City and the Surety of the lowest rcsponsjbJe Bidder, arr'ange for a Contract between such Bidder and the City, and make available as Work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract price; but nOL exceeding, inCluding other costs and damages for which the Surety may be liable hereunder, the amount SCl forth in the firSt paragraph hereof: The term t1balance of the Contract price" as used in thi~ paragraph, shall mean the total amount payable by the City to the Contractor undt:r the Contract and any amendments thereto, less the amount Bid No 24.99/00 Dl1l::: OCluber I;!. 1999 16 properly paid by the City to the Contractor. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the City named herein or the successors or assignees thereof The Surety shall and does hereby agree to indemnify the City amI hold it hannless of. from and against any and all iiabiIity, loss, cost; damage or expense, including reasonable attorneys fees, engineering and architectural fees or other professional services which the City may incur or which may accrue or be imposed upon it by reason of any negligence, default, act and/or omission on the part orthe Contractor, any Subcontractor ant! Contractor's or Subcontractors agents; servants and/or employees, in, about or on account of the Construction of the work and performance or said Contract by the Contractor. . This Bond shall remain in full force and effect for such period or periods of time after the date of acceptance of the project by the City as are provided for in the Contract Documents, and the Contractor hereby guarantees to repair or replace for the said periods all work performed and materials and equipment fumished~ which Wtlre not p~rformed or furnished according to the "terms of the ConLract Documents. lfno specific periods of warranty are staled in the Ccmtract Documents for any partiCUlar item of work, material or equipment, the Contractor hereby guarantees the same for a minimum period of one (1) year from the date of final acceptance by the City of the entire project. Any suit on this bond must be instituted within such period or periods as may be provided by law, Did No 24.9\1100 [)Rl~ OCltlbtr 13, 1999 17 IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their appropriate o,fficials ofthe 6th day of De~,:r ,1999 WITNESS: PRINCIPAL: (T f sole Proprietor or partnership) JAFFER ASSOCIATES, LTD. (Fi arne) Pres t of the General Partner, Jaff r sociates. Inc. _~."'_ Title: (Sol Proprietor or Partner) PRINCIPAL (If Corporation) (Corporate Name) BY (President) Attest: (Secretary) (CORPORATE SEAL) COUNTERSIGNED BY RESIDENT FLORIDA AGENT OF SURETY: SURETY: .~~~/xdjJ~ (Copy of Agentls current License as issued b)' State of Florida Insurance Commissioner Michael A. Holmes .J AMERICAN CASUALTY COMPANY o~ READING. PENNSYLVANIA By:-;;r--L/ ,4 k .orney-m..iact, Michael A. Holmes (power of Attorney must bll attached) Bid No :14-99/00 Dill, (lcmbcr I J, 19lJ9 18 CERTIFICATES AS TO CORPORATE PlUNCIP AL 1, Eugene C. Friedlandercertify that 1 am the Secretary of the Corporation named as Principal in the foregoing bond; that Eugene C. Fr ied landerwho signed the said bond on behalf of the Principal, was then President.,()f. the G. P. of said Corporation; that r know his signature, and his signature hereto is genuine; ll1ld that said bond was duly signed. sealed, and attested for and in behalf of said Cmporation by authority or its g Corporate Seal STATE OF FLORIDA) 5S COUNTY OF Bro:tvard Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared Michael A. Holmes to me well known, who being by me first duly sworn upon oath, says .AMERICAN CASUALTY COMPANY that he: is the Attomey-in-Far;:~ for the OF READING, PENNSYLVANI.Aand that he has been AMERICAN CASUALTY COMPANY authorized by _.9.~ _!-t!ADING, PENNSYLVANIA to execute the foregoing bond on behalf of the ContraClor named therein in favor of the City of Miami Beach, Florida. Subscribed and sworn before me this 6th day of December ,1999_ A.D. (Attach Power of Attorney) Notary Public State ofFJorida-at-Largc My Commission Expires: ~~y Pl/~ JOANNE M. MURSELL ~~~OMMISSION # CC 640520 CIJ. ~ EXPIRES MAY 25, 2001 "..-.: ~ BONDED ll-IRU <('-OJ: f\.QY ATLANTIC BONDING CO ,-v Bid No 24.99/00 Dale: OClo~r 13. 1999 19 Bond No.929112707 LABOR AND MATERIAL PAYMENT BOND (SECTION 255.05, FLA. STAT.) BY THIS BOND, We, JAFFER ASSOCIATES, LTD. , as Principal, and AMERICAN CASUALTY COMPANY .'. '. . OF 'REAnING. 'P'RNN~YT.'iTANTA as corooratlon, as Surety. are bound to thoTCtty..of Mlama) ~Ch., Hundred ' . One Hundred Twenty, OWO Thousan 4~OOee Florida, as obligee:.herein called City, in the sum of$..~eventy Four 00/1 ?~$12td;tlle' ) payment of which we bind ourselves, our heirs, personal representatives, successors and assigns, jointi)' and severaliy. THE CONDITION OF THIS BOND is that ifPrincipai: Promptly makes payments to all claimants. as defined in Section 255.05 (1), Fla.. Stat., supplying Principal with labor, matarials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and Pays City all losses, damages, expenses, costs, and attomeyls fees, including appellate proceedings, that the City sustains in enforcement of this bond. Performs the guarantee of all labor and materials furnished under the contract for the lime specified in the contract, then this bond is void, otherwise it remains in fuJl force. Any changes in or under the contract documents and compliance or noncompliunc~ with a.ny formalities connected with the contract. or the changes does not affect Surety's obligation under this bond. The provisions of Section 255.05, Fla. Stat.. are specifically adopted by refercnce and made a part hereof for the purposes specified therein. The contract dated Bond by reference. between the City and Princlpal is made a part ofthis Claimants are advised that Section 255.05, Fla. Stat., contains notice and time limitation provisions which musi be strictly complied with. Bid Nll 24.99/00 Dale: OClober D. 1999 20 IN WITNESS WHEREOF~ the above bounded parties have caused this Bond to be exeollted by theii appropriate officials of the 6th day of December , 19 99 WITNESS: /j,~ u~p~ {tlg~ fI COUNTERSIGNED BY RESIDENT FLORIDA AGENT OF SURETY: ~~!J~ (Copy of Agent\s current License as issued by State of Florida Insurance Com)D~sioner Michael A. Holmes 8id Nu 24-99/0U Dale October 13, 1999 PRINCIPAL: (If sole Propri~tor or partnership) JAFFER ASSOCIATES, LTD. (firm BY Title: (Sole Proprietor or Partner) PRINCIPAL (If Corporation) (Corporate Name) BY (President) Atte.'\t: (Secretary) (CORPORATE SEAL) SURETY: AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA B]':~ JJ~ ttorney-in-fact, Michael A. Holmes (Power of Attorney must be att8<:hed) 21 CERTIFICATES AS TO CORPORATE PRINCIPAL 1 Eugene C. Friedlander rt'~ th I th S f'th 1"\ . d , ,ce uy at am e. ecretary 0 e ,,-,orpO't"dllOn name us ". Eugene C. Friedlander. Principal in the roregamg band; that who signed the said bond on behalf of the Principal, was then President of the Gof said Corponnion; that T know his signature, and his signature herelo is genuine; and that said bond was duly signed, sealed, and attested for and in behalf (]f said Corporation by authority afits governing body. Corporate Seal STATE OF FLORIDA) ss COUNTY OF Brdward Before me, a Not.ary Public, duly commissioned, qualified and acting, personally appeared Michael A. Holmes to me well known, who being by me first duly sworn upon oath, says . AMERICAN CASUALTY COMPANY that he is the Attorney In Fact, for the.....QE...~ING, PENNSYLVANIA and that he has been AMERICAN CASUALTY COMPANY authorized by OF READING, PENNSYLVANIA to execute the foregoing bond on bel1alf of the Contractor named therein in favor of the City of Miami Beach, Florida. Subscribed and sworn be me this 6th day of December, 19~"_ A.D. ... )/J1~ Notary Public State ofFJorida-at-Large ,. ; ~y Pll JOANNE M. MURSElL My commiSSion ExpIres: ..g..1\9~ COMMISSION :# CC 640520 <11 :!C EXPIRES MAY 25, 2001 ?'A.: cf BONDED Tl-IIUJ '('-OF f\..G ATLANTIC BONOING CO.. ,we. (Attach Power of Attorney) aid No 24.9910n l)a~ C H:lllber I:l, 19')'1 22 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation (herein collectively called "the CCC Surety Companies"). are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint Gerald J. Arch, Michael A. Holmes, Thomas E. Riley, G. W. Fitch, Individually of Ft Lauderdale, Florida their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - for any and all surety bonds and any and all consents required by the State Department of Transportation of the State of Florida, incident to the release of retained percentages andlor estimates on engineering and lor construction contracts. and to bind them thereby a~ fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 14th day of September 1998 CONTINENTAL CASUAL TV COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD At;;;L:;~;:G' PENNSYLVANIA Marvin J. Cashion Group Vice President State of Illinois, County of Cook, ss: On this 14th day of September , 1998 ,before me personally came Marvin J. Cashion, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. /f~P ~ My Commission Expires March 6, 2000 CERTIFICATE Mary Jo Abel Notary Public I, Mary A Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this day of (Rev.l0/l/9?) CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUAL TV COMPANY OF READING, PENNSYLVANIA ~a~ Mary A Ribikawskis Assistant Secretary INSURANCE REQUIREMENTS See Insurance Check List for applicability to this contract. a. The contractor shall be responsible for his work and every part thereof, and for all materials, tools, appliances and property of every description, used in connection with this particular project. He shall specifically and distinctly assume, and does so assume, all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the contract or in connection with the work. It is understood and agreed that at all times the contractor is acting as an independent contractor. b. The contractor, at all times during the full duration of work under this contract, including extra work in connection with this project shall meet the following requirements: 1. 11. 111. IV. v. VI. VII. Bid No. 24-99/00 Date: October 13, 1999 Maintain Worker's Compensation and Employer's Liability Insurance to meet the statutory requirements of the State of Florida. Maintain Comprehensive General Liability Insurance in amounts prescribed by the City (see checklist for limits) to protect the contractor in the interest of the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises/operations, independent contractor, broad form property damage, products/completed operations and contractual liability. Maintain Automobile Liability Insurance including Property Damage covering all owned, non-owned or hired automobiles and equipment used in connection with the work. Maintain any additional coverage required by the Risk Manager as indicated on the Insurance Check List. Name the City of Miami Beach as an additional insured on all liability policies required by this contract. When naming the City of Miami Beach as an additional insured onto your policies, the insurance companies hereby agree and will endorse the policies to state that the City will not be liable for the payment of any premiums or assessments. No change or cancellation in insurance shall be made without thirty (30) days written notice to the City of Miami Beach Risk Manager. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and these companies must 23 have a rating of at least B+: VI or better per Best's Key Rating Guide, latest edition. Vll1. Original signed Certificates of Insurance, evidencing such coverage and endorsements as required herein, shall be filed with and approved by the City of Miami Beach Risk Manager before work is started. The certificate must state Bid Number and Title. Upon expiration of the required insurance, the contractor must submit updated certificates of insurance for as long a period as any work is still in progress. IX. It is understood and agreed that all policies of insurance provided by the contractor are primary coverage to any insurance or self-insurance the City of Miami Beach possesses that may apply to a loss resulting from the work performed in this contract. c. The liability insurance coverage shall extend to and include the following contractual indemnity and hold harmless agreement: "The contractor hereby agrees to indemnify and hold harmless the City of Miami Beach, a municipal corporation, its officers, agents, and employees from all claims for bodily injuries to the public in and up to the amount of $1 ,000,000.00 for each occurrence and for all damages to the property of others in and up to the amount of $1,000,000.00 for each occurrence per the insurance requirement under the specifications including costs of investigation, all expenses of litigation, including reasonable attorney fees and the cost of appeals arising out of any such claims or suits because of any and all acts of omission or commission of any by the contractor, his agents, servants, or employees, or through the mere existence of the project under contract. BID NO. 24-99/00, "17TH STREET PARKING GARAGE LANDSCAPE PROJECT". The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and suits arising out of the sole and exclusive negligence of the City of Miami Beach, its officers, agents, and employees, as determined by a court of competent jurisdiction. 1. The contractor will notify his insurance agent without delay of the existence of the Hold Harmless Agreement contained within this contract, and furnish a copy of the Hold Harmless Agreement to the insurance agent and carrier. 11. The contractor will obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the City of Miami Beach under the Hold Harmless Agreement from any and all claims arising out of this contractual operation. d. All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar of exposure. No deductibles will be allowed in any policies issued on this contract unless specific safeguards have been established to assure an adequate fund for payment of deductibles by the insured and approved by Bid No. 24-99/00 Date: October 13. 1999 24 the City's Risk Manager. e. The contractor will secure and maintain policies of subcontractors. All policies shall be made available to the City upon demand. Compliance by the contractor and all subcontractors with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the contractor and all subcontractors of their liabilities and obligations under any Section or Provisions of this contract. Contractor shall be as fully responsible to the City for the acts and omissions of the subcontractor and of persons employed by them as he is for acts and omissions of persons directly employed by him. f Insurance coverage required in these specifications shall be in force throughout the contract term. Should any awardee fail to provide acceptable evidence of current insurance within seven days of receipt of written notice at any time during the contract term, the City shall have the right to consider the contract breached and justifying the termination thereof. g. If bidder does not meet the insurance requirements of the specifications; alternate insurance coverage, satisfactory to the Risk Manager, may be considered. h. It is understood and agreed that the inclusion of more than one insured under these policies shall not restrict the coverage provided by these policies for one insured hereunder with respect to a liability claim or suit by another insured hereunder or an employee of such other insured and that with respect to claims against any insured hereunder, other insured hereunder shall be considered members of the public; but the provisions of this Cross Liability clause shall apply only with respect to liability arising out of the ownership, maintenance, use, occupancy or repair of such portions of the premises insured hereunder as are not reserved for the exclusive use of occupancy of the insured against whom claim is made or suit is filed. Bid No. 24-99/00 Date: October 13. 1999 25 INSURANCE CHECK LIST XXX I. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products and Completed Operations; Independent Contractors; Broad Form Property Damage Endorsement and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). XXX 3. Automobile Liability - $100,000.00/$300,000.00 - $50,000.00 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability - $1,000,000.00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: _ Builders Risk completed value _ Liquor Liability _ Fire Legal Liability _ Protection and Indemnity _ Employee Dishonesty Bond Other $ $ $ $ $ $ .00 .00 .00 .00 .00 .00 XXX 7. Thirty (30) days written cancellation notice required. XXX 8. Best's guide rating B+: VI or better, latest edition. XXX 9. The certificate must state the bid number and title BIDDER AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and that evidence of this insurance may by required within five (5) days after bid opening. Bidder Signature of Bidder Bid No. 24-99/00 Date: October 13, 1999 26 Client 26313 192JAFFEASS ACDRDTM CERTIFICATE OF LIABILITY INSURANCE PRODUCER SGP of Florida, Inc. Lon Worth Crow Insurance PO Box 141916 Coral Gables, FL DATE (MM/DDNY) 12/06/99 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 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. I~f~ TYPE OF INSURANCE POLICY NUMBER Pg~!fEY ~~5%~~E P~~i~~~~~>>~r;rr- o 6 / 3 0 / 9 9 0 6 / 3 0 / 0 0 . EA.c:H_OCCLJRREf\jCE_ $ EA ACC $ AGG $ $ - -- - -. ---..---- $ --------------- $ $ $ iEL_E~c:.H ACCIDEf'.fT__ $:1, 0 0 I go 0 'EL DISEAS_En-EA_EMP~~~EEO~ 1 aC)_L~OO i E.L DISEASE. POLICY LIMIT $500 000 06/30/99 06/30/00 $100,000 Max/Item Group 33114-1916 INSURERS AFFORDING COVERAGE INSURER A: Zurich Ame-i-ican Insurance INSURER B BricigefleTd .Empls:'Y~ES INSURER c: INSURER D: INSURER E: INSURED Jaffer Associates Ltd 2801 NW 6 Ave Miami, FL 33127-3937 A GENERAL LIABILITY i CON9 8 513 816 0 2 I-Xl COM M ERCIAL GENERAL L1AB ILlTY n T -1 CLAIMS MADE I X OCCUR FIRE DAMAGE (Anyone fire) --------------------------- MED EXP (Anyone person) _.... _______.._ __ __n___...___________ PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS -COMP/OP AGG LOG 06/30/99 06/30/00 CON9851385702 A AUTOMOBILE LIABILITY ~ ALL OWNED AUTOS ~ ::~,,,uw, x HIRED AUTOS X NON-OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) GARAGE LIABILITY ANY AUTO II PROPERTY DAMAGE (Per accident) I AUTO ONLY - EA ACCIDENT ~--------------------- I OTHER THAN I AUTO ONLY: EXCESS LIABILITY OCCUR CLAIMS MADE EACH OCCURRENCE AGGREGATE DEDUCTIBLE RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 0830216610000 OS/25/99 OS/25/00j(iZ~ntJI~S! A ! OTHER Cont Equip ~en~ed/Leased IE Ul ment DESCRIPTION OF OPERATIONSlLOCATIONSlVEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CON9851381602 Certificate Holder is Additional Insured with respect to the General Liability and Automobile Liability policies. ref: Project: 17th Street Parking Garage Landscaping Project Bid #24-99/00 CERTIFICATE HOLDER CANCELLATION ADDITIONAL INSURED;INSURER LETTER: LIMITS $1,00.0., goo .L n 50,00.0 $___51 9C) 0 $1,000,000 $~L()O_gJ..Qao. $2,Q_QJL_Q.9.Q . $1,000,000 $ $ $ 'OTH- IER CITY OF MIAMI BEACH 1700 CONVENTION CENTER DR 3rd floor Miami Beach, FL 33139 SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL3Q.._DAYSWRITTEN NOTlCETOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT, BUT FAILURE TODOSOSHALL IMP~~~1#ANY~W~~ THY~su~k~:ttk'i~~TS OR ACORD 25-S (7/97) 1 0 f 2 #S30466/M21022 JNC DIVISION 1 General Provisions Section I DEFINITION OF TERMS 1.1 DEFINITIONS: Whenever in the Specifications, Special Provisions, Proposals, Contract, or Contract Bond the following terms or pronouns in place of them are used, the intent and meaning shall be interpreted as follows: 1.2 "Citv" - The City of Miami Beach, Florida, as represented by its Mayor and City Commission. 1.3 "Board" - The City Commission of the City of Miami Beach, Florida. 1.4 "Citv Clerk" - The City Clerk of the City of Miami Beach, Florida. 1.5 "Citv Mana2er" - Chief Administrator of the City Commission. 1.6 "En2ineer" - The City Engineer of the City of Miami Beach, Florida, or his authorized assistants. 1.7 "Inspector" - An authorized representative of the City Engineer assigned to make all necessary inspection of the materials furnished and of the work performed by the Contractor. 1.8 "Bidder" - Any individual, firm or corporation submitting a Proposal for the work contemplated, acting directly or through a duly authorized representative. 1.9 "Contractor" - The Party of the second part of the Contract, the person, firm or corporation with whom a Contract has been made by the City. 1.10 "Superintendent" - Executive representative for the Contractor present on the work at all times during progress, authorized to receive and fulfill instructions from the Engineer and capable of superintending the work efficiently. 1.11 "Suretv" - The corporate body or individual which is bound by the Performance and Payment Bonds with and for the Contractor, who is primarily liable, and which engages to be responsible for his acceptable performance of the work for which contract has been made and for his payment of all debts pertaining thereto. 1.12 "Proposal" - The approved prepared form on which the Bidder is to or has submitted his, their, or its Proposal for the work contemplated. Bid No. 24-99/00 Date: October 13, 1999 27 1.13 "Proposal Guaranty" - The security designated in the Proposal, to be furnished by the Bidder as a guaranty of good faith to enter into a Contract with the City if the Contract is awarded to him. 1.14 "Plans" - The official approved plans, profile, typical cross-section, general cross-sections, working drawings, and supplemental drawings, or exact reproductions thereof, which show the location, character, dimensions and details of the work to be done, and which are to be considered as a part of the Contract supplementary to these Specifications. 1.15 "Procurement Director" - The purchasing officer for the City of Miami Beach. 1.16 "Specifications" - The directions, provisions and requirements contained herein, together with all written agreements made or to be made, setting out or relating to the method and manner of performing the work, or to the quantities and qualities of materials and labor to be furnished under the Contract. 1.17 "Special Provisions" Specific clauses additional to these Standard Specifications, setting forth conditions peculiar to the project under consideration. In case of any discrepancy between the Standard Specifications and the Special Provisions, the Special Provisions are to govern. 1.18 "Supplemental Ae:reement" - A written agreement between the Contractor and the City Engineer, covering alterations and unforeseen work incidental to the project. 1.19 "Contract" - The written agreement covering the performance of the work and the furnishing of labor and materials in the proposed construction. The contract shall include the "Proposal," "Plan," "Specifications," "Special Provisions," Performance Bond," and "Labor and Material Bond" also any and all "Supplemental Agreements" required to complete the work in a substantial and acceptable manner. 1.20 "Contract Bond" - Performance Bond - The security furnished by the Contractor and the Surety as a guaranty that the Contractor will execute the work in accordance with the terms of the Contract. 1.21 "Pavment Bond" - The security furnished by the contractor and the surety as to guaranty that the contractor will pay a claimant. A claimant is defined as any person supplying the Principal with labor, material and supplies, used directly or indirectly by the said Principal or any subcontractor in the prosecution of the work provided for in said Contract, and is further defined in Section 255.05(1) of the Florida Statutes. 1.22 "The Work" - All the work specified or mentioned herein or indicated on the Plans or in the Proposal as contemplated improvement. Bid No. 24-99/00 Date: October 13. 1999 28 1.23 "Ouestionnaire" - The approved form upon which the Contractor must furnish the information as to his ability to perform the work, his experience in similar work, and his financial condition as related to his ability to finance the work. Bid No. 24-99/00 Date: October 13, 1999 29 Section 2 PROPOSAL REQUIREMENTS AND CONDITIONS 2.1 Interpretation of Approximate Estimate - The Bidder's attention is called to the fact that the estimate of quantities of all work to be done and materials to be furnished under the Specifications as shown on the Plans and on the Proposal Form, is approximate and is given only as a basis of calculation upon which the award of the Contract is to be made. The City does not assume any responsibility that the final quantities shall remain in strict accordance with estimated quantities, nor shall the Contractor plead misunderstanding or deception because of such estimate of quantities or of the character, location of the work or other conditions pertaining thereto. 2.2 Examination of Plans. Specifications. Special Provisions. and Site of Work - The Bidder is required to examine carefully the site of, and the Proposal, Plans, Specifications, and Contract for the work contemplated, and it will be assumed that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished and as to the requirements of these Specifications, Special Provisions, and Contract. It is mutually agreed that submission of a Proposal shall be considered prima facie evidence that the Bidder has made examination. 2.3 Preparation of Proposals - Proposals shall be submitted on the form provided. All blank specifications for which quantities are shown must be filled in ink, in both words and figures with the unit price for the item for which the proposal is made. The bidder shall also state the time in which he will complete the work bid upon, unless a certain time is stipulated. If the proposal is made by an individual in his own proper person or under a trade or firm name, he shall execute the same under his individual trade or firm name, he shall execute the same under his individual signature and his post office address shall be shown. If made by a copartnership the proposal shall be executed for the copartnership, by setting out in full the names of the partners and the firm name of the partnership, if any, and signed by one or more of the partners, and the post office address of each of the partners shall be shown. If made by a corporation, the proposal shall be executed by setting out the corporate name in full, followed by a statement that it is incorporated and existing under the laws of a named state, and, if it is a foreign corporation, the fact that it is authorized and permitted to transact business in this State, and signed by its President, or other authorized corporate officer, with its corporate seal affixed and attested by its Secretary, and the address of its principal place of business shall be shown. 2.4 Rejection of Irre2ular Proposals - Proposals will be considered irregular and may be rejected if they show serious omissions, alterations of form, additions not called for, conditions, unauthorized alternate bids, or irregularities of any kind. 2.5 Guaranty to Accompanv Proposals - No Proposal will be considered unless accompanied by a "Proposal Guaranty" of the character and amount indicated in the Notice to Contractors and the Proposal Form, made payable to the City of Miami Beach, Florida. 2.6 Delivery of Proposals - Each Proposal must be submitted in a sealed envelope which shall be marked so as to indicate its content and name of Bidder clearly. If forwarded by Bid No. 24-99/00 Date: October 13,1999 30 mail the above mentioned envelope shall be enclosed in another envelope addressed to the City Purchasing Agent, Miami Beach, Florida, preferably by registered mail; if forwarded otherwise than by mail, it shall be delivered at the Office of the City Purchasing Agent. Proposals will be received until the date and hour stated in the "Notice to Contractors." 2.7 Withdrawal of Proposals - No Proposal can be withdrawn after it is filed unless the Bidder makes his request in writing to the Board prior to the time set for the opening of bids, or unless the Board fails to accept it within ninety (90) days after the date fixed for opening bids. Withdrawal of proposals after bid opening will only be accepted with the collection of Bid Surety by the City. 2.8 OpeniDl! of Proposals - Proposals will be opened and read publicly at the time and place indicated in the "Notice to Contractors." Bidders or their authorized agents are invited to be present. 2.9 Disqualification of Bidders - Only one Proposal from an individual, firm, partnership, or corporation, under the same or different names, will be considered. Should it appear to the Board that any bidder is interested in more than one Proposal for the work contemplated all Proposals in which such Bidder is interested will be rejected. The right is reserved to reject the proposal from a bidder who has not paid or satisfactorily settled all bills due for labor and material on former contracts with the City or contracts with the same in force at the time of receiving bids. 2.10 Competency of Bidders - Bidders must be capable of performing the various items of work bid upon. They shall furnish a statement covering experience on similar work, a list of machinery, plant, and other equipment available for the proposed work, and shall Furnish statements of their financial resources as requested in the Questionnaire. If the available evidence of competency of any bidder is not satisfactory to the Engineer, the proposal of such Bidder may be rejected. 2.11 Material Guaranty - Before any Contract is awarded, the Bidder may be required to furnish a complete statement of the origin, composition, and manufacture of any and all materials to be used in the work, together with samples, which samples may be subjected to the tests provided for in these Specifications to determine their quality and fitness for the work. Subsequent deliveries shall be equal in all respects to the samples submitted. Bid No. 24-99/00 Date: October 13, 1999 31 Section 3 A WARD AND EXECUTION OF CONTRACT 3.1 Consideration of Bids - For the purpose of award, after the Proposals are opened and read, the correct summation of the products of the approximate quantities shown in the Proposal, by the unit bid prices, will be considered the bid. The amounts will then be compared and the results of such comparison will be available to the public. Until the final award of the Contract, however, the right will be reserved to reject any or all Proposals and to waive technical errors as may be deemed best for the interests of the City. 3.2 Award of Contract - The award of the Contract, if it be awarded, will be the lowest responsible Bidder whose Proposal shall comply with all the requirements necessary to render it formal. The award, if made, will be within ninety (90) days after the opening of the Proposals, but in no case will an award be made until all necessary investigations are made as to the responsibility of the Bidder to whom it is proposed to award the Contract. 3.3 Return of Proposal Guaranties - All Proposal guaranties will be returned immediately following the tabulation of Bids, except those of the three lowest Bidders. These guaranties will be returned within ten (10) days following the award of Contract, except that of the successful Bidder, which will be returned after a satisfactory Bond has been furnished and the Contract has been executed unless surety is forfeited because of bid withdrawal. 3.4 Contract Bond Required - The successful Bidder entering into a Contract for any portion of the work will be required to give the City Surety in a sum equal to the amount of the Contract awarded. The form of the Bond shall be as approved by the City, and the Surety shall be acceptable to the City, and executed on the form furnished. In case of default on the part of the Contractor, actions for all expenses incident to ascertaining and collecting losses under the bond, including both Engineering and Legal services, shall lie against the bond. 3.5 Execution of Contract and Payment Bond - Within ten (10) days after the Contract has been awarded, the successful Bidder shall sign the necessary agreements, entering into a Contract with the City, and return them to the City Engineer. No proposal will be considered binding upon the City until the execution of this Contract. 3.6 Failure to Execute Contract - Failure to execute a Contract and file an acceptable Bond as provided herein within ten (10) days from date of award shall be just cause for the annulment of the award and the forfeiture of the Proposal Guaranty to the City, not as a penalty, but in liquidation of damages sustained. A ward may then be made to the next lowest responsible Bidder or the work may be re-advertised or may be constructed by day labor, as the City may decide. Bid No. 24-99/00 Date: October 13, 1999 32 3.7 Evidence of Authority - Before a Contract is executed the Bidder will be required to furnish certified copies of: Excerpts from the By-Laws; Excerpts from the Minutes or Resolutions of the Governing Body; Power of Attorney appointments, and/or other satisfactory evidence of the authority of all persons signing Contracts or Bonds to execute such documents, and of the companies bound thereby to do business in the State of Florida. Bid No. 24-99/00 Date: October 13, 1999 33 Section 4 SCOPE OF THE WORK 4.1 Intent of Plans and Specifications - The intent is to prescribe a complete work of improvement which the Contractor undertakes to do. The Contractor shall do all the work indicated in the Proposal and on the Plans, and such additional, extra, and incidental work as may be necessary to complete the Work to the finished lines, grades, cross-sections, and dimensions indicated, in a substantial and acceptable manners, and when completed, shall remove all surplus and discarded material and equipment and leave the site of the Work in a neat, acceptable and finished condition. He shall furnish, unless otherwise provided in "Special Provisions," al implements, machinery, equipment, transportation, tools, materials, supplies, labor, and other things necessary to the prosecution and completion of the Work. He shall maintain the finished Work until its formal acceptance by the City, as herein provided, and turn it over to the City as a whole, complete, free from defects, and ready for use in full compliance with the Plans, these Specifications, the Special Provisions, Proposal, and Contract. 4.2 Special Work - Proposed construction or requirements not covered by these Specifications will be covered by "Special Provisions" and performed or complied with by the Contractor. 4.3 Alteration of Plans or of Character of Work - The right is reserved for the Engineer to make from time to time such alterations in the Plans or in the character of the work as may be considered necessary or desirable to complete fully and perfectly the proposed construction and such alterations shall not be considered as a waiver of any conditions of the contract, nor to invalidate any of the provisions thereof. Should such alterations in the Plans result in an increase or decrease of the quantity of work to be performed, and should added or eliminated work be of the same character as that shown on the original plans, the Contractor shall accept payment in full at the Contract Unit Price for the actual quantities of the work done. Should an alteration be a change in the character of the work, an equitable sum to be agreed upon, in writing by the Contractor and the Engineer before such work is begun, shall be added to or deducted from the Contract Price, as the case may be. No allowance will be made for anticipated profits. 4.4 Extra Work - The Contractor shall perform unforeseen work, for which there is no quantity and price included in the Contract, whenever it is deemed necessary or desirable to complete fully the Work as contemplated, and such extra work shall be performed in accordance with the Specifications and/or as directed; provided, however, that before any "Extra Work" is started a "Supplemental Agreement shall be signed by both contracting parties, or a written order from the Engineer to do the Work on a "Force Account" Basis given the Contractor. 4.5 Removal and Disposal of Structure and Obstructions - The Contractor will remove all obstructions that may come in the way of the contemplated improvements, such as pavements, sidewalks, fences, buildings, trees, roots, stumps, logs, old foundations or piling, and Bid No. 24-99/00 Date: October 13, 1999 34 other obstructions encountered either above or below the surface of the ground and dispose of them in such manner as the Engineer may direct. All work prescribed and involved under this heading shall be considered as incidental to and included in the unit price bid for the particular Work in which it is involved and no additional payment will be made therefore unless otherwise specifically provided in the Special Provisions. 4.6 Rie;hts in and Use of Materials Found on the Work - The Contractor, with the approval of the Engineer, may use in the proposed construction such sand or other material suitable in the opinion of the Engineer, as may be found in the excavation and will be paid for the excavation of such material at the corresponding contract unit price therefore, but he shall replace at his own expense with other suitable material all of that portion of the material so removed and used as was contemplated for use in embankments, back-fills, approaches, or otherwise. No charge for materials so used will be made against the Contractor except the replacement herein provided for. The Contractor shall not excavate or remove any material which is not within the excavation, as indicated, without written authorization from the Engineer. Materials in old structures removed by the Contractor to allow the construction of new structures, and not needed by the City" may be used by the Contractor during construction. Such materials are the property of the City and shall not be cut or otherwise damaged during use or removal, and shall afterwards be disposed of by the Contractor as directed by the Engineer. Bid No. 24-99/00 Date: October 13, 1999 35 Section 5 CONTROL OF THE WORK 5.1 En2:ineer as Referee - To prevent all disputes and litigations, it is agreed by the parties hereto that the said Engineer shall decide all questions, difficulties, and disputes, of whatever nature, which may arise relative to the interpretation of the Plans, construction, prosecution and fulfillment of this Contract, and as to the character, quality, amount, and value of any work done, and materials furnished, under or by reason of this Contract, and his estimates and decisions upon all claims, questions, and disputes shall be final and conclusive upon the parties thereto. 5.2 Plans - The approved Plans will be supplemented by such working drawings as are necessary to adequately control the Work. It is mutually agreed that all authorized alterations affecting the requirements and information given on the approved plans shall be in writing. No changes shall be made of any plan or drawing after the same has been approved by the Engineer, except by direction of the Engineer. Working Drawings for any structure shall consist of such detailed plans as may be required for the prosecution of the work and are not included in the Plans furnished by the Engineer. They shall include shop details, erection plans, masonry layout diagrams and bending diagrams for reinforcing steel, approval of which by the Engineer must be obtained before any work involving these plans shall be performed. Plans for cribs, cofferdams, falsework, centering, and form work may also be required, and in such cases shall be likewise subject to approval unless approval be waived by the Engineer. It is understood, however, that approval by the Engineer of the Contractor's working drawings does not relieve the Contractor of any responsibility for accuracy of dimensions and details, or of mutual agreement of dimensions and details. It is mutually agreed that the Contractor shall be responsible for agreement and conformity of his working drawings with the approved Plans and Specifications. The Contract price shall include the cost of furnishing all working drawings and the Contractor will be allowed no extra compensation for such drawings. 5.3 Conformity with Plans and Allowable Deviations - The finished work in all cases shall conform with lines, grades, cross-sections, and dimensions shown on the approved Plans; any such deviations from the approved Plans and working drawings as may be required by the exigencies of construction will in all cases be determined by the Engineer and authorized in writing. 5.4 Coordination of Plans. Specifications. and Special Provisions - These Specifications, the Plans, Special Provisions, and all supplementary documents are essential parts of the Contract and a requirement occurring in one is as binding as though occurring in all. They are intended to be cooperative, to describe and provide for a complete Work. In case of Bid No. 24-99/00 Date: October 13, 1999 36 discrepancy, figured dimensions shall govern over scaled dimensions. Plans shall govern over Specifications, Special Provisions shall govern over both Specifications and Plans. 5.5 Cooperation of Contractor - The Contractor will be supplied with copies of the Plans, Specifications, and Special Provisions. The Contractor shall have available on the Work at all times, one copy each of said Plans and Specifications and Special Provisions; he shall give the Work the constant attention necessary to facilitate the progress thereof and shall cooperate with the Engineer and with other contractors in every way possible. The Contractor shall at all times have a competent English-speaking Superintendent, capable of reading and thoroughly understanding the Plans and Specifications, as his agent on the Work, who shall receive instructions from the Engineer or his authorized representatives. The Superintendent shall have full authority to execute the orders or directions of the Engineer without delay and to promptly supply such materials, tools, plant, equipment, and labor as may be required. Such Superintendent shall be furnished irrespective of the amount of work sublet. 5.6 Inspectors - Inspectors employed by the Engineer shall be authorized to inspect all work done and materials furnished. Such inspection may extend to all or any part of the Work and to the preparation or manufacture of the materials to be used. An inspector may be stationed on the Work to report to the Engineer as to the progress of the Work and the manner in which it is being performed; also to report whenever it appears that the materials furnished and work performed by the Contractor fail to fulfill the requirements of the Specifications and Contract, and to call to the attention of the Contractor any such failure or other infringements. Such inspection, however, shall not relieve the Contractor from any obligation to perform all the Work strictly in accordance with the requirements of the Specifications. In case of any dispute arising between the Contractor and the Inspector as to material furnished or the manner of performing the Work, the Inspector shall have the authority to reject materials or suspend the Work until the question at issue can be referred to and decided by the Engineer. The Inspector shall perform such other duties as are assigned to him. He shall not be authorized to revoke, alter, enlarge, relax, or release any requirements of these Specifications, not to approve or accept any portion of work, nor to issue instructions contrary to the Plans and Specifications. The Inspector shall in no case act as Foreman or perform other duties for the Contractor, nor interfere with the management of the Work by the latter. Any advice which the Inspector may give the Contractor shall in no way be construed as binding the Engineer in any way, nor releasing the Contractor from fulfillment of the terms of the Contract. Ordinarily one Inspector will be employed by the City for each section of the Work under Contract; but if, on account of any apparent disregard of these Specifications, additional Inspectors shall be required, they will be employed by the City at the rate of $150.00 per diem each, and the cost of same charged to the Contractor and deducted from the final payment. 5.7 Inspection - The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not the work performed and materials used are in accordance with the requirements and intent of the Specifications and Contract. If the Engineer requests it, the Contractor shall at any time before final acceptance of the Work remove or uncover such portions of the finished Work as may be directed. After examination the Contractor shall restore said portions of the Work to the standard required by the Specifications. Should the Work thus exposed or examined prove acceptable, the uncovering or removing, and the replacing of the Bid No. 24-99/00 Date: October 13,1999 37 covering or making good of the parts removed, shall be paid for as "Extra Work," but should the work so exposed or examined prove unacceptable, the uncovering or removing and the replacing of the covering or making good of the parts removed, shall be at the Contractor's expense. No work shall be done nor materials used without suitable supervision or inspection by the Engineer or his representative. Failure to reject any defective work or material shall not in any way prevent later rejection when such defect be discovered, or obligate the City to final acceptance. 5.8 Failure to Remove and Renew Defective Materials and Work - Should the Contractor fail or refuse to remove and renew any defective materials used or work performed, or to make any necessary repairs in an acceptable manner and in accordance with the requirements of these Specifications within the time indicated in writing, the Engineer shall have the authority to cause the unacceptable or defective materials or work to be removed and renewed, or such repairs as may be necessary, to be made at the Contractor's expense. Any expense incurred by the City in making these removals, renewals or repairs, which the Contractor has failed or refused to make, shall be paid for out of any monies due or which may become due the Contractor or may be charged against the "Contract Bond" deposited; and continued failure or refusal on the part of the Contractor to make any or all necessary repairs promptly, fully, and in an acceptable manner shall be sufficient cause for the Board, at its option, may purchase materials, tools, and equipment and employ labor or may contract with any other individual, firm, or corporation to perform the Work. All costs and expenses incurred thereby shall be charged against the defaulting Contractor and the amount thereof deducted from any monies due or which may become due him, or shall be charged against the "Contract Bond" deposited. Any work performed, as described in this paragraph, shall not relieve the Contractor in any way from his responsibility for the work performed by him. 5.9 Final Inspection - Whenever the Work provided and contemplated by the Contractor shall have been satisfactorily completed and the final cleaning up performed, the Engineer shall within ten (10) days, unless otherwise provided, make the final inspection. Bid No. 24-99/00 Date: October 13, 1999 38 Section 6 CONTROL OF MATERIALS 6.1 Source of Supply and Quality of Materials - At the option of the Engineer the source of supply for each of the materials shall be approved by the Engineer before the delivery is started. Representative preliminary samples of the character and quality described shall be submitted by the Contractor or producer for examination and tested in accordance with the methods referred to under Samples and Tests, Paragraph 6.2. Only materials conforming to the requirements of these Specifications and approved by the Engineer shall be used in the Work. All materials proposed to be used may be inspected or tested at any time during their preparation and use. If, after trial, it is found that sources of supply which have been approved do not furnish a uniform product, or if the product from any sources proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. No material which after approval has in any way become unfit for use shall be used in the Work. 6.2 Samples and Tests - For the purpose of assisting his judgment the Engineer may require any or all materials to be subject to test by means of samples or otherwise as he may determine. The Contractor shall afford such facilities as the Engineer may require for collecting and forwarding samples and shall not make use of or incorporate in the Work any material represented by the samples until the tests have been made and the materials found in accordance with the requirements of the Specifications and are acceptable. The Contractor in all cases shall furnish and deliver the required samples without charge. Samples shall be furnished sufficiently in advance so that the results of the required tests may be secured prior to the incorporation of the material in the Work. The manner of collecting and testing samples, as well as all apparatus and equipment used for this purpose, shall conform to the A.S.T.M. Current Standards or Tentative Standards, as the case may be, insofar as these are applicable - unless specifically stated otherwise. 6.3 Storaee of Materials - Materials shall be stored so as to insure their preservation and quality and fitness for the work, and shall be so located as to facilitate prompt inspection. Materials improperly stored may be rejected without testing. 6.4 Defective Materials - All materials not conforming to the requirements of these Specifications shall be considered as defective and all such materials, whether in place or not, shall be rejected and shall be removed immediately from the site of the Work, unless otherwise permitted by the Engineer. No rejected material, the defects of which have been subsequently corrected, shall be used until approval has been given. Upon failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this article, the Engineer shall have authority to remove and replace defective material and to deduct the cost of removal and replacement from any monies due or to become due the Contractor. Bid No. 24-99/00 Date: October 13, 1999 39 Section 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC 7.1 Laws to be Observed - The Contractor must familiarize himself and comply with all Federal, State, County, and City laws, ordinances, or regulations, and govern himself accordance with them. He shall indemnifY and hold harmless the City, the Architects and all of its officers agents, and servants against any claims or liability arising from, or based on, the violation of any such laws, by-laws, ordinances, regulations, orders, or decrees, whether by himself or his employees. 7.1. I The requirement of Chapter 31A, Section 27-31 Prevailing Wage is a requirement of many construction contracts that exceed $1,000,000.00. 7.1.2 PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 7.1.3 VENDOR APPLICATION Prospective bidders should register with the City of Miami Beach Procurement Division; this will facilitate their receipt of future notices of solicitations when they are issued. The successful bidder(s) must register prior to award; failure to register will result in the rejection of their bid. Potential bidders may contact the Procurement Division at (305) 673-7490 to request an application. Registration requires that a business entity complete a vendor application and submit an annual administrative fee of $20.00. The following documents are required: I. Vendor registration form 2. Commodity code listing 3. Articles ofIncorporation - Copy of Certification page 4. Copy of Business or Occupational License It is the responsibility of the bidder to inform the City concerning any changes, such as new address, telephone number, or commodities. Bid No. 24-99/00 Date: October 13, 1999 40 7.2 Permits. Licenses. Occupational Licenses - The Contractor shall procure all permits and licenses as required, however, there will be no charge for the construction permits issued by the City of Miami Beach. The Contractor shall also give all notices necessary and incident to the due and lawful prosecution of the Work. 7.3 Patented Devices. Materials. and Processes - It is mutually understood and agreed that without exception contract prices are to include all royalties and costs arising from patents, trademarks, and copyrights in any way involved in the Work. It is the intent that whenever the Contractor is required or desires to use any design, device, material, or process covered by letters, patent or copyright, the right for such use shall be provided for by suitable legal agreement with the patentee or owner, and a copy of this agreement shall be filed with the Engineer; however, whether or not such agreement is made or filed as noted, the Contractor and the Surety in all cases shall indemnifY and save harmless the City from any and all claims for infringement by reason of the use of any such patented design, device, material, or process, to be performed under the Contract, and shall indemnifY the said City for any costs, expenses, and damages which it may be obliged to pay, by reason of any such infringement, at any time during the prosecution or after completion of the Work. 7.4 Ri2ht of Way - In cases where the Work is done on private property the City guarantees the Contractor the right-of-way for the construction of the Work, but the Contractor must take all precautions not to inconvenience the tenant or property owner any more than necessary. The right is reserved to omit any sections of the Work which depend upon a right-of-way grant in case such right-of-way is denied the City. The Contractor shall have no claims for damage due to delay by the City in furnishing necessary right-of-way, but should any such delay occur the Contractor shall be entitled to such extension of time for the completion of his Contract as may be determined by the City to be reasonable. In case of damage to the work on account of work so done, the Engineer may direct the Contractor to make the necessary repairs, and payment for such repairs will be made as provided under "Extra Work." Should the Contractor refuse or neglect to make the said repairs within the time specified, the Engineer shall have the authority to cause such repairs to be made, in which case the Contractor shall not be relieved in any way from his responsibility for the work performed by him. 7.5 Restoration of Surfaces Opened bv Permit - Any individual, firm, or corporation wishing to make an opening in the street must secure a permit from, and will be required to deposit security with, the Engineer, in a suitable amount to cover the cost of making the necessary repairs, and the Contractor shall not allow any person or persons to make an opening unless a duly authorized permit from the City is presented. The right is reserved to lay in the street or to repair any sewer, drain, conduit, main, or service pipe or their accessories at any time before the completion of the Work. The Contractor is to exercise such supervision thereof as will protect him against defects in the finished Work. Bid No. 24-99/00 Date: October 13. 1999 41 In case of damage to the work on account of work so done, the Engineer may direct the Contractor to make the necessary repairs, and payment for such repairs will be made as provided under "Extra Work." Should the Contractor refuse or neglect to make the said repairs within the time specified, the Engineer shall have the authority to cause such repairs to be made, in which case the Contractor shall not be relieved in any way from his responsibility for the work performed by him. 7.6 Sanitary Provisions - The Contractor shall provide and maintain at his own expense, in a sanitary condition, such accommodations for the use of his employees as is necessary to comply with the requirements and regulations of State and County Boards of Health. He shall commit no public nuisance. 7.7 Public Convenience and Safety - The Contractor shall conduct the Work so as to insure the least obstruction to traffic practicable, and shall provide for the convenience of the general public and of residents along and adjacent to the Work in a manner satisfactory to the Engineer. Materials and equipment stored upon the Work shall be placed so as to cause as little obstruction to the public as possible and shall be lighted and barricaded as hereinafter provided. 7.8 Closin2 Streets - Streets shall not be closed except when and where directed by the Engineer, and whenever the street is not closed the Work must be so conducted that there shall at all times be a safe passageway for traffic. Whenever it is necessary to divert traffic from any part of the Work the Contractor shall provide and maintain a passable driveway as directed by the Engineer. Suitable barricades, danger warnings, detour signs, etc., as hereinafter provided, shall be maintained by the Contractor in all cases and the Engineers office and the Fire Department shall immediately be notified by telephone or otherwise upon the closing and/or opening of each street or section thereof. 7.9 Barricades. Warnin2s. and Detour Si2ns - The Contractor shall provide, erect, and maintain, at his own expense, barricades, danger warnings, and detour signs whenever they may be necessary. He shall place sufficient lights on and/or near the Work and keep them burning from twilight to sunrise; shall erect suitable barricades, railings, fences, and/or other protection about the Work; provide all watchmen by day or night and take all other precautions that may be necessary; shall maintain proper guards and lights for the prevention of accidents upon materials, supplies, and equipment, and take all other precautions that may be necessary for the proper protection of the Work and public convenience and safety. Streets closed to traffic shall be protected by effective barricades on which shall be placed acceptable warning signs. The Contractor shall provide and maintain acceptable warning and detour signs at all closures, intersections, and along the detour routes, directing the traffic around the closed portion or portions of the Work, so that the temporary detour route or routes shall be indicated clearly throughout its or their entire length. 7.10 Fire Hvdrants. Gutters. Etc. - Fire hydrants on or adjacent to the Work shall be kept accessible to the fire apparatus at all times and no material or obstructions shall be placed Bid No. 24-99/00 Date: October 13, 1999 42 within ten (10) feet of any such hydrant. Adjacent premises must be given access as far as practicable, and obstruction of sewer inlets, gutters, and ditches will not be permitted. 7.11 Use of Explosives - Unless otherwise expressly stipulated herein, the use of explosives is not contemplated in the prosecution of this Contract, and in no case will their use be permitted without the written permission of the City Engineer and a permit issued by the Chief of the Fire Department. Where such permission for the use of explosives is obtained the Contractor shall use the utmost care so as not to endanger life or property, and whenever directed the number and size of the charges shall be reduced. All explosives shall be stored in a secure manner, and all such storage places shall be marked clearly, "DANGEROUS EXPLOSIVES," and shall be in the care of competent watchmen. 7.12 Preservation of Property - The Contractor shall preserve from danger all property along the line of Work, the removal or destruction of which is not called for by the Plans. This applies to public utilities, trees, lawns, buildings, fences, bridges, pavements, and other structures, monuments, pipe, underground structures, etc., and wherever such property is damaged due to the activities of the Contractor it shall be immediately restored to its original condition by the Contractor and at his own expense. The Contractor shall give due notice to any department or public service corporation controlling manholes, valve jackets, meter boxes, street monuments, etc., prior to adjusting them to grade, and shall be held strictly liable to the City if any such appliances are covered up during the construction of the Work. In such case of failure on the part of the Contractor to restore any such property, or make good any damage or injury thereto, the Engineer may, upon forty-eight hours' notice, proceed to repair, rebuild, or otherwise restore such property as may be deemed necessary and the cost thereof will be deducted from any monies due or which may become due the Contractor under this Contract. Nothing in this clause shall prevent the Contractor from receiving proper compensation for the removal or replacement of any public or private property when same is made necessary by alteration of grade or alignment, and such work is authorized by the Engineer, provided that such property has not been damaged through fault of the Contractor, his employees, or agents. 7.13 Responsibility for Dama2:e. Etc. - The Contractor shall indemnify and save harmless the City, the Board, and all of its officers, agents, and employees from all suits, actions, or claims of any character, name, and description brought for, or on account of, any injuries or damages received or sustained by any person, persons, or property by or from the said Contractor, or by, or in consequence of, any neglect in safeguarding the Work, or through the use of unacceptable materials in the construction of the improvement, or by, or on account of any act of omission, neglect, or misconduct of the said Contractor, or by, or on account of, any claims or amounts recovered for any infringement of patent, trademark, or copyright, or from any claims or amounts arising or recovered under the "Workmen's Compensation Law" or any other laws, by-laws, ordinance, order or decree, and so much of the money due the said Contractor under and Bid No. 24-99/00 Date: October 13, 1999 43 by virtue of his Contract as shall be considered necessary by the Engineer may be retained for the use of the City, or in case no money is due, his surety shall be held until such suit or suits, action or actions, claim or claims, for injuries or damages, as aforesaid, shall have been settled and suitable evidence to that effect furnished to the Engineer. The Contractor guarantees the payment of all just claims for materials, supplies, tools, labor, and other just claims against him or any subcontractor in connection with this Contract and his bonds will not be released by final acceptance and payment by the City unless all such claims are paid or released. 7.14 Contractor Responsibility for Work - Until acceptance of the Work by the Board it shall be under the charge and care of the Contractor and he shall take every necessary precaution against injury or damage to any part thereof by the action of the elements or from any other cause whatsoever arising from the execution or from the non execution of the Work. The Contractor shall rebuild, repair, restore, and make good, at his own expense, all injuries or damages to any portion of the Work occasioned by any of the above causes before its completion and acceptance except such ordinary wear and tear as may be due to use on sections opened for service, as hereinafter provided. 7.15 Openine: of Section of Work for Service - Whenever, in the opinion of the Engineer, any portion of the Work is in acceptable condition for use it shall be opened for service as may be directed and such opening shall not be held to be in any way an acceptance of the work or any part of it or as a waiver of any provisions of these Specifications and Contract. Necessary repairs or renewals made on any section of the Work due to its being opened for use under instructions from the Engineer, to defective materials or work, or to natural causes other than ordinary wear and tear, pending completion and acceptance of the Work, shall be performed at the expense of the Contractor. 7.16 No Waiver of Lee:al Rie:hts - The City reserves the right, should an error be discovered in the partial or final estimates, or should conclusive proofs of defective work or materials used by or on the part of the Contractor be discovered after the final payment has been made, to claim and recover by process of law such sums as may be sufficient to correct the error or make good the defects in the work and materials. 7.17 Liabilities and Duties of Contractor Not Limited - The mention of any specific duty or liability upon the Contractor in any part of the Specifications shall not be construed as a limitation or restriction upon general liability or duty imposed upon the Contractor by the Specifications, said reference to any specific duty or liability being for purposes of explanation only. No waiver of any breach of the Contract shall constitute a waiver of any subsequent breach of any part thereof, nor of the Contract. Bid No. 24-99/00 Date: October 13, 1999 44 Section 8 PROSECUTION AND PROGRESS 8.1 Sublettine: or Assie:nine: Contracts - The Contractor will not be permitted to sublet, assign, sell, transfer, or otherwise dispose of the Contract or any portion thereof, or of his right, title, or interest therein to any individual, firm, or corporation without the written consent of the Board. In case such approval is given the Contractor must file with the Engineer copies of all sub-Contracts. No sub-Contracts or transfer of Contract shall in any case release the Contractor of his liability under this Contract and Bond. 8.2 Proe:ress of Work - It is understood and agreed that the Contractor shall commence work not later than the time limit for beginning as set forth in the attached Proposal, and shall provide an adequate force oflabor and equipment to prosecute the Work at as many different points as may be deemed necessary by the Engineer so as to insure the completion of the same within the time limit for completion as set forth in the attached Proposal or Contract, except that where the Contractor has more than one uncompleted Contract with the City, he is not to commence another Contract nor place materials on the streets thereof without the consent of the Engineer. 8.3 Limitations of Operations - The work is to be confined, at anyone time, to five squares, not to exceed 1,500 feet in length; and while the work is actually going on, as much as half this length may be barricaded to entirely exclude traffic, but not over half; nor will two consecutive street intersections be allowed to be entirely closed to exclude traffic except by written consent of the Engineer. Street traffic is not to be needlessly obstructed but no street is to be opened to traffic until the Engineer gives his consent. The Contractor may erect or maintain along the lines of his work such tool boxes, sheds, storehouses, or other buildings as may be necessary, provided such structures do not interfere with the reasonable use of the streets or sidewalks. The size, location, and construction of these must be subject to the approval of the Engineer. The Contractor hereby agrees to arrange his work and dispose his materials so as not to interfere with the operations of other contractors engaged upon adjacent work and to join his work to that of others in a proper manner in accordance with the spirit of the Plans and Specifications, and to perform his work in the proper sequence in relation to that of other Contractors, all as may be directed by the Engineer. Each Contractor shall be held responsible for any damage done by him or his agents to the work performed by another Contractor. Each Contractor shall so conduct his operations and maintain the Work in such condition that adequate drainage shall be in effect at all times. 8.4 Character of Workmen and Equipment - The Contractor shall employ such superintendents, foremen, and workmen as are careful and competent. Whenever the Engineer shall determine that any person employed by the Contractor is, in his opinion, incompetent, unfaithful, disorderly, or insubordinate such person shall, upon notice; be discharged from the Work and shall not again be employed on it except with written consent of the Engineer. Bid No. 24-99/00 Date: October 13, 1999 45 All workmen must have sufficient skill and experience to properly perform the work assigned them. All workmen engaged on special work or skilled work, or in any trade, shall have had sufficient experience in such work to properly and satisfactorily perform it and to operate the equipment involved, and shall make due and proper effort to execute the Work in the manner prescribed in these Specifications. Otherwise the Engineer may take action as above prescribed. Should the Contractor fail to remove such person or persons, or fail to furnish suitable or sufficient machinery, equipment, or force for the proper prosecution of the Work, the Engineer may withhold all estimates which are or may become due, or may suspend the Work until such orders are complied with. The equipment used on any portion of the Work shall be such that no injury to the roadway, adjacent property, or other highways will result from its use; and no item of machinery or equipment, after once being place on the Work, shall be removed without the consent of the Engineer. 8.5 Temporary Suspension of Work - The City or Engineer shall have the authority to suspend the Work wholly or in part for such period or periods as may be deemed necessary due to unsuitable weather or such other conditions as are considered unfavorable for the suitable prosecution of the Work, or for such time as is necessary due to the failure on the part of the Contractor to carry out orders given or perform any or all provisions of the Contract. If it should become necessary to stop work for an indefinite period, the Contractor shall store all materials in such manner that they will not obstruct or impede the traveling public unnecessarily, nor become damaged in any way, and he shall take every reasonable precaution to prevent damage or deterioration of the work performed; provide suitable drainage of the roadway by opening ditches, shoulder drains, etc., and erect temporary structures where directed. The Contractor shall not suspend the Work and shall not remove any equipment, tools, lumber, or other materials without the written permission of the Engineer. No allowance of any kind will be made for such suspension of work except an equivalent extension of time for completion of the Contract. 8.6 Computation of Contract Time for Completion of the Work - Contractor shall perform fully, entirely, and in accordance with these Specifications the Work contracted for within specified time stated in the attached Proposal. In adjusting the contract time for the completion of the Work, the length of time expressed in days, during which the prosecution of the Work has been delayed in consequence of any suspension of work ordered by the Engineer, or omission of the Board and not by any fault of the Contractor, shall be added to the contract time as set forth in the attached Proposal, all of which shall be determined by the Engineer, and whose determination shall be binding and conclusive upon both parties to the Contract. If the satisfactory execution and completion of the Contract shall require work or material in greater value than set forth in the Contract, then the contract time shall be increased in the same ratio as the additional value bears to the original value contracted for. No allowance shall be made for delay or suspension of the prosecution of the Work due to fault or negligence of the Contractor. No claim for damages shall be made or allowed on account of delay or postponement occasioned by the precedence of other contracts which may be either let or executed before the execution of Bid No. 24-99/00 Date: October 13, 1999 46 the Contract, or on account of the streets or structures adjacent to the Work not being in the condition contemplated by the parties at the time of making the Contract, or on account of delay in the removal of obstructions; but if the Contractor shall be delayed in the performance of his work by reason of the streets or structures adjacent to the Work not being in condition contemplated, or on account of delay in the removal of obstructions, or by reason of the Work or any part thereof being suspended on account of other contracts, or for any other reason, such allowance of time will be made as the Engineer shall deem reasonable. 8.7 Failure to Complete the Work on Time - The Work to be done under this Contract is to be begun on or before the date set forth in the attached Proposal, and shall be prosecuted with proper dispatch towards completion to the satisfaction of the Engineer, and is to be fully completed within the time limit set forth in the attached Proposal, and it is understood and agreed that the time limit for the completion of said Work is of the essence of the Contract, and should the Contractor fail to complete the Work on or before the date specified it is agreed that for each calendar day that any work shall remain uncompleted, after the time specified in the attached Proposal, with any extension of time which may be allowed by the Engineer for the completion of the Work provided for in these Plans, Specifications, Special Provisions, and Contract, the sum per day given in the following schedule shall be deducted from the monies due to the Contractor, not as a penalty but as liquidated damages and added expense for supervision on each Contract: Amount of Liquidated Damages and Estimated Cost of Supervision Per Day See Paragraph 3.2 of Agreement The Contractor shall take into account all contingent work which has to be done by other parties, arising from any cause whatsoever, and shall not plead his want of knowledge of said contingent work as an excuse for delay in his work or for its non- performance. Nothing in this clause shall be construed as limiting the right of the Board to declare the Contract forfeited, to take over the Work, or to claim damages for the failure of the Contractor to abide by each and every one of the terms of this Contract as set forth and provided for in the General Provisions, Special Provisions, and Specifications herein contained. 8.8 Annulment of Contract - If the Contractor fails to begin the Work under Contract within the time specified, or fails to perform the Work with sufficient workmen and equipment or with sufficient materials to insure the prompt completion of said Work, or shall perform the Work unsuitably, or shall neglect or refuse to remove materials or perform anew such work as shall be rejected as defective and unsuitable, or shall discontinue the prosecution ofthe Work, or if the Contractor shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or allow any final judgement to stand against him unsatisfied for a period of forty eight (48) hours, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry on the Work in an acceptable manner, the Engineer may give notice in writing to the Contractor and his Surety of such delay, neglect, or default, specifying the same, and if the Contractor, within a period of ten (10) days after such notice shall not proceed in accordance therewith, then the Board shall upon written certificate from the Engineer of the fact of such delay, neglect, or default and the Contractor's failure to comply with Bid No. 24-99/00 Date: October 13, 1999 47 such notice, have full power and authority, without violating the Contract, to take the prosecution of the work out of the hands of said Contractor, to appropriate or use any or all materials and equipment on the ground as may be suitable and acceptable and may enter into an agreement for the completion of said Contract according to the terms and provisions thereof, or use such other methods as in its opinion shall seem advisable for the completion of said Contract in an acceptable manner. All costs and charges incurred by the Board, together with the costs of completing the Work under contract, shall be deducted from any monies due or which may become due said Contractor. In case the expense so incurred by the Board shall be less than the sum which would have been payable under the Contract if it had been completed by said Contractor, then the said Contractor shall be entitled to receive the difference, and in case such expense shall exceed the sum which would have been payable under the Contract, then the Contractor and the Surety shall be liable and shall pay to the City the amount of said excess. 8.9 Termination of Contractor's Responsibility - This Contract will be considered complete when all work has been completed, final inspection made, and the work accepted by the Board as hereinafter provided. The Contractor will then be released from further obligation except as set forth in his bond, and except as provided in Article 7.16 of these Specifications. Bid No. 24-99/00 Date: October 13, 1999 48 Section 9 MEASUREMENT AND PAYMENT 9.1 Measurement of Quantities - All work completed under this Contract shall be measured by the Engineer, according to United States Standard Measures. All measurements shall be taken horizontal or vertical, except for paving surfaces, which will be taken along the actual surface of the pavement. No allowance shall be made for surfaces laid over a greater area than authorized or for material moved from outside of slope-stakes and lines shown on the Plans, except where such work is done upon written instructions of the Engineer. 9.2 Scope of Payments - It is understood and agreed that the Contractor shall receive and accept the prices and rates, as herein specified, in full payment for furnishing all materials, labor, equipment, and tools, and for performing all the Work contemplated and embraced in the attached Specifications and Proposal, also for all loss or damage arising out of the nature of the Work aforesaid, or from the action of the elements or for any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work, until its final acceptance as hereinafter provided for, and also for all risks of every description and all expenses incurred by or in consequence of the suspension or discontinuance of the Work as herein provided for, or for any infringement of patent, trademark, or copyright, and for the completion of the Work in accordance with the Plans, Specifications, and Contract. 9.3 Payment and Compensation for Altered Quantities -When Alterations in Plans or quantities of work not requiring Supplemental Agreements as hereinbefore provided for are ordered and performed, the Contractor shall accept payment in full at the Contract unit price for the actual quantities of work done; no allowance will be made for anticipated profits; increased or decreased work involving Supplemental Agreements shall be paid for as stipulated in such agreement. 9.4 Force Account Work - All Extra Work done on a "Force Account" basis shall be performed by such labor, teams, tools, and equipment as may be specified by the Engineer, and will be paid for in the following manner: (a) For all labor, teams, and foremen in direct charge of the specified operations, the Contractor shall receive the current local rate of wages, to be agreed upon in writing before starting such work, for every hour that said labor, teams, and foremen are actually engaged in such work, to which shall be added an amount equal to 15 percent of the sum thereof which shall be considered as full compensation for general supervision and the furnishing and repairing of small tools and ordinary equipment used on the contract such as picks, hand shovels, plows, etc. In addition to the above, the Contractor shall receive the actual cost for Social Security Taxes, Unemployment Insurance, and Workmen's Compensation Insurance involved in such force account work, based on the actual wages paid the said labor and foremen. No percentage will be added to the cost of such taxes or insurance. (b) For all materials used the Contractor shall receive the actual cost of such materials, delivered at the site, as shown by the original receipted bills, but no percentage shall be allowed Bid No. 24-99/00 Date: October 13. 1999 49 the Contractor a portion of the suspended payment, provided that the City shall at all times retain an amount sufficient to enable it to complete the uncompleted work in the Contract and liquidate unsatisfied claims. 9.7 Acceptance and Final Payment - Whenever the improvement provided for under this Contract shall have been completely performed on the part of the Contractor, and all parts of the Work have been approved by the Engineer according to the Contract, and all trash, debris, equipment, and other things used in the construction removed from the site of the construction and from the adjoining land, the Engineer, after final inspection as provided herein, shall certify such fact to the Board in writing, recommending the acceptance of the Work. Upon acceptance of the Work by the Board, a Final Estimate showing the value of the Work will be prepared by the Engineer as soon as the necessary measurements and computations can be made all prior certificates or estimates upon which payments have been made being approximate only and subject to correction in the Final Estimate. The amount of the Final Estimate, less any sums that may have been deducted or retained under the provisions of this Contract, will be paid to the Contractor within thirty(30) days after the Final Estimate has been approved by the Board, provided that the Contractor has furnished to the Board a sworn affidavit to the effect that all bills are paid and no suits are pending in connection with the Work done under this Contract. Upon this final payment the City is to be released from all liability whatever growing out of this Contract. Bid No. 24-99/00 Date: October 13, 1999 51 on the cost of such materials. (c) For any special equipment or machinery, such as power driven rollers, tractors, trucks, shovels, drills, concrete mixers, pumps, and hoists, also industrial railway equipment, crushers, etc., required for the economical performance of the work, the Engineer shall allow the Contractor a reasonable rental price to be agreed upon in writing before such work is begun, for each and every hour that said special equipment is in use on the work, to which sum no percentage shall be added. The compensation as herein provided shall be received by the Contractor as payment in full for Extra Work done on a force account basis. The Contractor's representative and the Inspector shall compare records of extra work done on a force account basis at the end of each day. Copies of these records shall be made in duplicate upon a form provided for this purpose by the Inspector and signed by both the Inspector and the Contractor's representative, one copy being forwarded, respectively, to the Engineer of his authorized representative, and to the Contractor. All claims for extra work done on a force account basis shall be submitted as hereinbefore provided by the Contractor upon certified statements, to which shall be attached original receipted bills covering the costs of and the freight charges and hauling on all materials used in such work, and such statements shall be submitted to the Engineer on the current estimate of the month in which work was actually done. 9.5 Omitted Items - The City shall have the right to cancel the portions of the Contract relating to the construction of any items therein by the payment to the Contractor of a fair and equitable amount covering all items incurred prior to the date of cancellation or suspension of the work by order of the Engineer. 9.6 Partial Payments - If the Work progresses according to Contract, the Contractor will be paid monthly ninety (90) percent of the value of the work completed, and materials furnished by the Contractor under these Specifications, when such materials have been delivered, inspected, and payments satisfactorily vouched for to the Engineer, provided the materials, in the judgment of the Engineer, are such as will probably be incorporated in the Work within thirty (30) days; ten (10) per cent of the amount due being reserved until a final settlement after the completion of the Work. It is understood and agreed that the City may also deduct from any estimate, either partial or final, the amount of any unsatisfied claim against the Contractor for labor, materials, teams, equipment and/or other things as elsewhere provided herein. Should any defective work or material be discovered previous to the final acceptance, or should a reasonable doubt arise previous to the final acceptance as to the integrity of any part of the completed Work, the estimate and payment for such defective or questioned work shall not be allowed until the defect has been remedied and causes for doubt removed. The monthly payments shall be approximate only, and all partial estimates and payments shall be subject to correction in the final estimate and payment. If the total amount of the retained percentage of the Contract is greatly in excess of the uncompleted portion of the Contract the Engineer may allow Bid No. 24-99/00 Date: October 13, 1999 50 Section 10 SPECIAL PROVISIONS 10.1 WORKMEN'S COMPENSATION: Before starting work the Contractor shall furnish satisfactory evidence that he has complied with the Workmen's Compensation Act of the State of Florida, and any amendments thereto, and all laws pertaining to the protection of his employees. 10.2 BONDS: Bid and Contract Bonds will be required. A cashier's check, treasurer's check, bank draft of any National or State bank, or Bid Bond payable to the order of the City of Miami Beach executed by the bidder in the amount of not less than five (5%) percent of the total bid shall accompany each proposal. The Performance and Payment Bonds shall each be in the amount of one hundred (100%) percent of the contract price, submitted by the successful bidder and placed through a Miami Beach agency where practicable. 10.3 PROTECTION TO PUBLIC: The Contractor shall erect and maintain barricades and warning signs to protect the public during the course of the work. The Contractor shall take every precaution to protect the abutting properties and minimize the possibility of damage to same. Contractor shall be liable for restoration of all property including City property. 10.4 LEGAL LIABILITY: All suits, actions, or claims of whatever nature which, may arise occasioned either directly or indirectly by the work provided for under the Specifications herein, shall be assumed by the Contractor and the City Commission and all its officers, agents, employees shall be indemnified and saved harmless therefrom. 10.5 FAMILIARIZATION: The Contractor shall visit the site of proposed work in order to become familiar with existing conditions at the site. 10.6 PERMITS: The Contractor shall procure all permits and licenses as required, however, there will be no charge for the construction permits issued by the City of Miami Beach. 10.7 CONFLICT BETWEEN SPECIAL PROVISIONS AND GENERAL PROVISIONS: In case of conflict between the requirements of Special Provisions and General Provisions, the requirements of the Special Provisions will prevail. Bid No. 24-99/00 Date: October 13, 1999 52 DIVISION II Technical Specifications 1. Plans and specifications prepared by Fuster Design Associates P.A. 1. Sheet L-1, Planting Plan and Specifications 3. Sheet L-2, Planting Plan and Specifications 4. Sheet 1-1, Irrigation Layout Plan 5. Sheet 1-2, Irrigation Layout Plan 5. Sheet I-3, Irrigation Specifications and Details Bid No. 24-99/00 Date: October 13, 1999 53 ORDCNANCE NO. 99-3 [64 A.N ORDINANCE OF THE MA YOR AND CITY COtyCMISSION OF THE CITY OF MIAMI BEACH, FLORIDA ESTABLISHING A "CONE OF SILENCE" FOR CITY COMPETITIVE BlDolNG PROCESSES, BY AMENDlNG CH.-\PTER 2 OF THE CODE OF THE CITY OF MfAMl BEACH ENTITLED "ADMINISTR~ TION," BY AiYIENDING ARTICLE VII THEREOF ENTITLED "ST.-\i'iDARDS OF CONDUCT," BY CREA TING DI'Y1SrON 4 ENTITLED "PROCUREl\'IENT," BY CREATING SECTION 2-486 ENTITLED "CONE OF SILENCE" BY PROVIDlNG FOR A DEFI.:'fITION, PROCEDURES, AND PENAL TIES; PROVIDING FOR REPEALER, SEVER-\BILITY, INCLUSION IN THE CITY CODE, AND AN EFFECTIVE DATE. 'WHEREAS, the Mayor and City Commission of the City of Miami Beach are desirous of adopting a "Cone of Silence" procedure to protect the professional integrity of the City's competitive bidding process by shielding the City's professional staff; and \VHEREAS, the policy proposed herein recognizes the importance of requiring persons or businesses who are part of the Ciry's competitive processes co disclose all communications INim the City's professional staff: and . \VHEREAS, communications beC\veen elected officials and the City's appointed staff during a competitive bidding process should be in \vritine: so that it becomes a part of the public record; and \VHEREAS, the proposed policy protects the rights of individuals to petition their government and their elected officials: and \VHEREAS, the policy proposed herein enhances the spirit of Florida's Government in the' Sunshine Law. NOW. THEREFORF. RF rT ORD\f:'lED GY THf \L\ YO~ ..\.\0 eny COiVlMISSlO:\ OF THE CrTY OF 1vHAMI BEACH: SECTTOr\i 1. S~([ion 2--./.26. of Division 4. ot' Article VlI at' (haped ::: of ehe Miami B~ach Citv Code: is hereby L~e:;.(ej [0 read as to (/0 1,"';5: Article \"II. SC:lnd:lrds of Conduct 'I' ;< Oi'.'ision J. P~ocrremenr Sec. 2-~,%. Cone of Silence L C,':,;(,acs [or (he orovision of ~oods and ser.'ices other ehan audit Clrd rl'ld'=;:;C:'lCCd Pc: ..1(': Sc_:or [f''l3j;c~tor CC;'lCF:il :rpSrC) conrrac(s. (3.) "Cone of Silence" is hereby defined to mean a prohibition on: (a) anv communication regardin~ a oarticular Request for Proposal ("RFP"). Request for uaJifications ("RFO" . Re ue t for etters offnterest (" [". r id berween a potencial vendor. ser.'ice provider. bidder. lobbvist. or consultant and the City's professional scaff including. but not limited to. the City Mana!?ei and his or her staff: and (b) anv communication re~ardin!? a particular RFP. RFO. RFLL or bid berv.:een the Mavor. City Commissioners. or their resoective staffs. and anI,' member of the Cit\r's professional staff incfudin~. but nor limited to. the City Mana!?er and his or her staff Not\v1thstandino- the foreo-oina the Cone 0 ilence hall not a 6- SG competitive processes for the award of CDBG. HOME. SHIP and Surra'( Funds administered bv the Miami Beach Office of Communi tv Development. and communications \'vith the Ciev Arromev and his or her staff. (0) Procedure (i) A Cone of Silence shall be imoosed unon each RFP. RFO. RFLL and bid after the advertisement of said RFP. RFO. RFLL or bid. At the lime of imoosition of the Cone of Silence. the Crtv Manager or his or her designee shall provide for oub!ic notice of the Cone of Silence. The Ciev Manaf?er shan include in an\" oublic solicitation for goods and services a statement disclosing the reauirements of this ordinance. @ The COrle of Silence shall terminate a) at the time the Cit",. Mana~er makes his or her written recommendation as to selection of a . 2 ,:lrlictlhr R FP R Fn RFL [ or hid to the ('it'! ('ommlssinn: rrnvided hl,t'..~'.a rll:lt If rh,: (~ir', (~"mmissllJn rr~t~rs [he: '\IJna~er's rccnmmen(1Jtion n~ck to rhe (if\: :\fan.:1~c:r or SW.t1 tor tlrn:h~r revie~ [he: (Ilne of~ilence "hall he reim osed until such time as the \1:ln,J..;er mJkes :J. suhs~C]ue:lr \\Tirc~n r~cnmmend:}[ion. or h) in th~ e'en( or ,:on(racts tor ress rhan OS I ()()()()()() "vhen the Cit", :\fanan-er ." c:\eCl!res the contract ~ E\ee2tions The nrnvislons o~' rhis nrdin:lnce sh;}" not annk to oral c'~'7:munic.]tinns ;}[ nr~-i!id con t~re~c~s l'r:11 C'res~ntati()ns hdore;.::~_::,~ c1.':J!u.]t!on cC)mmiIT~es. contracr. ~L_ t:~::,),,3 discussions durin'! an\' du/v n"r:cd ouhlle :T1eerin<:r. Duhlic nresentJ,tions made to rhe Citv Commissioners .2ur:nlj In': du/v noticed public meetin~. contract negotiations with Cit'l/ staff ,:)1[cwv'in<:r the l"vard Or;1J1 RFP, RF0, RFU. or bid bv the Ci[V Commission. <'r enmmunic::![:ons in ""Tiring:1t an" c:mc'with Jnv Ci[V emolovee. official or -:-:e~ne::- tH' ere Ci[v Commission. unless soeciric.1I!v orohibited h'! the 1!JoiiC.1ble RFP, RFO RFU. or bid documents. The bidder or omposer shall elk 1 COD\( or :mv vvTirrc:n communic.1rions \.virh the Cit".: Clerk. The Citv Ci~:-k shall mak~ cODics .1v.1ilabk to 1nv oerson 1100n request. ., A~rl:;' ~.~..: ::-'sr~ COnfr:lcts, W "Cone IH'Sile:lce" is hereb'! dc:fined co me.111 a orohibirion on: (a) an\( Communicarions rqJrding .1 ~articular RFP, RFO. RFU. or bid bet\veen a potential vendor. service orovider. bidder. lobby-ist. or consultant and rhe \[avor. Citv Commissioners or rheir resoecrive staffs. and anv member ofrhe Cirv's orofessional starf includinq, bur nor limited to the Cit'v Mana~er and his or her staff and (HI anv oral communicarion re!?arding a particular RFP. RF0. RFLL or bid be[',y-een [he <"[avor. CirV' Commissioners or rheir re5De~[ive starrs and any- member ofrhe Cirv's orofessional sraffinduding. but :cO[ limited [0 [he Ci[v "(Jnager .1r!C his or her staff ~iot\"ithstanding the r~;re2oinQ:. [he Cine of Silence shall not aoo/v to communicarions "vith the C:-::"-".::c,)me'! aGe his or her starf. G2.l E'\ce::n as orovicied in subsecrions 2(c) and I(d) hereof. a Cone of Sile:1ce shall be imoosed 1100n each RFP. RFO RFU. or bid for audit 2;:': ~~~~-= Sc:-;ices :lEe!" [he 2dverrisemenr of said R.FP. R,.;:"(} RFLL or bid. .J..r the rime l'i' [he imo(:>sirion or [he Cone of Sile:lc~. [he CitV' \(rana~er or his or her ,.:!esI'l::ee shail oro'/ide tor rhe aLleiic n0[ice or-che Cone or-Silence. T;le Coree ,)i'Si1enc~ silalI terminate ':..h::~ ::..:: C:-. \~":I.J.l:'::, '::,,'::~~I'::':;_ ;::~:::.::~j..:. ~~.::: "''-'>;;'6 ) h' ,- C' \[ k h' I '",_ '.'. '" '-,l '~'.I[l:~ -C7 J. 2[ t Ie nme :r:~ ;:-.'.' 3.n2.!?c:- ma ~es is or ner \.\iT1l.LCI~ re~omme:ld.1Lion as co the selecrion of a Darticular RFP. RFO. RFU. or bid ':l) [he Cirv Commission: ofovided. ho"\.;eveL thar if the Citv Commission rerers the Mana!?er's recommendarion back to rhe Citv' Manager or staff for. nlrh:~r re''''c'.l:. [he Cnne n(c:.;il~r'1(:~ ,h:11f hc~ reimrJnsec !lnti! Sllch time;)s the 'vfanJ"er mJkes a 'Ilhse uent v,;rirren recommendation or hi or in the eVent ,'r CI)ntrJC[:; t;jr less rhJn -/ nonn no. when the: ('itv ManJ.rrer executes the cnn(rJC[ '.:1 \;'Hhi:l<~ CI'ntJlned herein shJl1 rJrohihit an'/ hidda tir rJrnrJ()-;c~' (il r'iOm r.1Jkin'! ouhlic nresenrJtions Jt du/v nnrice:d ore-hiJ conferences or before l:U/<. nociced ie!~~:i()rt evaluation committee me:etinrzs: liil trom erl'!J!Zin'l: in CcwrJC[ ~-:~. [:.1::\)113 discussions durin'! anv dull; noticed public meetin~: liii') ":"Jr:e::rzJ'!in~ in CnntrJct nec:ntiJ.tions ,,\'ith (itv staff tollowinz the a\vard of J..i R;:P R::-n. RFU, or hid for ludit hv the Citv (ommission:or Ii,,) r'rom cnmmllnic:ltin~ in writin<; with In'/ ('itv emolovee or offtciJI tar OUilJoses of s.ee!,iil'! ci::trificJtion or Jdditional intormJ.tion from the Citv or responding: [I) [he (itv's reauest tor c!J.rificltion or Jdditional inrormation. subject to the ::-r,'\:sinrs "i'che JrmlicJ.hle RFP. RFn RFlL or hid documents. The bidder '''::-r''C'I'sei shJ./1 tile a COO" <Jr' arv \-HitTen communication wirh the Cir\' Cierk The (it\' Clerk shall make conies ayaiinble ro rhe Q'ener3.1 public UDon ~eGU~S[. G;;.:: \'.othir.~ c0ntJined herein shall orohibi( any lobbvisL bidder. proooser. or ,'the, CCison or entit'! from oubliC[v addressinQ" (he (it.... Commissioners durin!! anI,' dulv noticed oublic meetincz re<;arding action on Jnl; audit ~ fP-SfG Ci'ntrJC~. The (it'll iYbnJcyer shal! include in Jny oublic solicitation for -'"> auditina, r -r services a statement disclosina the reauirements of this ordimnce. ~ Violations/Penalties and Procedures. f:-. J..:.:i::<JF. to the ;CFlJJt:<:3 vr0\id.:i ~1 Sc.::ivn ~ An a!le~ed viOlation of this Section =--+&6 by a oarricular bidder or oroooser shall subiec: s<lid bidder or oroooser to the same procedures set forth in Sections :-157(21 :::r.d r:). shaH rc:;der In'' RFP 2.\Varc. ~C() a\vard. RFU :lVI/a rd. or bid a\'.;ard to said bicicer Or orolJoser void~. and said bidder or oroooser shall not be conside,ed tar an\" RFP. 'RFO. RFU or bid for a contract for the orovision of ~oods Or services for a oeriod or one vear. .-l,n1/ oerson who violates a oro1/ision of this ordinance shai! be orohioired /Tom ser;ing on" Cirv ':')I"::;<:::[i':,: j':::':~::c" evaluarion c0mmirree rnJ.ddicion co anv other oenairv ora videa by la\v. violation of anv provision o( chis ordinance bv a Cit\: e:7lclo1/ee shaH subiect said emolol;ee co diScIC'!!nar, ::.C,0~ CiD ro 2nd ;ncludin,? disT:1issaI. -\ddi,ionai!v. 2.f1V oe,son '.I;ho has ce,sona! know1dze or';::I,iolarion of chis ordinance shall reoon such violation co the St3.ce-l.c:or"'e'.' J."C,<ir 1.;;::\' tile 3. cor::-taint 'xirh the Miami-Dade Count': Erhics Commission. 4 SECTION 2. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SE\'ERABTLTTY. [f any section. subsection. clause or provision of this Ordinance is held invalid. the remainder shall not be :!ffected by such invalidity. SECTION ~. COOfFICA TION. [c is the intention ofche Mavor and City Commission ofrhe 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 chis ordinance mav be renumbered or '. . relettered to accomplish such intention. and the word "ordinance" may be changed to "section", "article," or ocher appropriate word. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the 16 ch day of January ,1999. PASSED and ADOPTED this 6ch day of January ,1999. ~{ rrucL- 1l A TIEST: tvL';' YOR CITY CLERK 5 APPROVED AS TO FORM & lANGUAGE & FOR EXECUTION ~.~ ~/~9t ()'J"~ ,... .~r.-ta.n..:o. IMlUt~'\."-'('.f"(.~ ...-t"D Isc reading 12/16/98 2nd reading 1/6/99