2007-26488 Reso
RESOLUTION NO. 2007-26488
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, RATIFYING, PURSUANT TO SECTION 2-
396(a) OF THE MIAMI BEACH CITY CODE, AN EMERGENCY
AGREEMENT BETWEEN THE CITY AND KIEWIT SOUTHERN CO. IN THE
AMOUNT OF $36,300.00, FOR THE CONSTRUCTION OF 250 LINEAR
FEET OF REINFORCED CONCRETE PROTECTIVE SLAB ABOVE AN
EXISTING 30 INCH SANITARY SEWER FORCE MAIN LOCATED ON THE
EAST SIDE OF INDIAN CREEK DRIVE FROM 63RD STREET TO 65TH
STREET.
WHEREAS, it is the City's responsibility to maintain, repair and replace, or improve
City owned utilities within the Florida Department of Transportation right-of-way; and
WHEREAS, due to the sanitary sewer force main's shallow location, immediate
protection of the force main was required due to the loads and vibration generated by new
traffic patterns and the problematic nature of repeated load impacts; and
WHEREAS, the Florida Department of Transportation reconstruction is moving with
an aggressive timeline, as requested by the community; and
WHEREAS, given the prompt response by the City, the Florida Department of
Transportation has agreed to indemnify and hold the City harmless for any delays
attributed to the construction of the reinforced concrete protective slab along the Indian
Creek Drive Corridor; and
WHEREAS, the City Manager, as provided pursuant to section 2-396 (a) of the City
Code, entered into an agreement with Kiewit Southern Co., for the construction of the
aforestated emergency services, in the amount of $36,300; and
WHEREAS, funding, in the amount of $36,300, is being provided from the Water
and Sewer Fund 425, Operating/Maintenance Water Main Account appropriated in the FY
2006-07 Budget; and
WHEREAS, Kiewit Southern was selected because of its contract with the FDOT on
the 63rd Street Flyover project, its specific skill in reinforced concrete construction work,
and its immediate availability to commence work.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ratifying, pursuant to Section
2-396 (a) of the Miami Beach City Code, an emergency agreement between the City and
Kiewit Southern Co. in the amount of $36,300.00, for the construction of 250 linear feet of
reinforced concrete protective slab above an existing 30 inch sanita?;' sewer force main
located on the east side of Indian Creek Drive from 63rd Street to 65! Street.
2007-26488
PASSED and ADOPTED this 14th day of March ,2007.
~T~.EI...ST:\; 0 .'/ ~rLj.&~R~
-W11Vv\. ~ rO\;1.lW/\ Michael Gongora
CITY CLERK Vice-Mayor
Robert Parcher
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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Date
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission ratifying an emergency contract with Kiewit Southern
Co. in the amount of $36,300, for the emergency construction of a 250 feet lon~ reinforced concrete
protective slab over a 30 inch sewer force main on Indian Creek Drive from 63r Street to 65th Street.
Ke Intended Outcome Su orted:
Ensure Well Maintained Infrastructure
Issue:
Shall the City ratify a contract with Kiewit Southern Company?
Item Summa /Recommendation:
It is the City's responsibility to maintain, repair and/or replace City owned utilities within the Florida
Department of Transportation right-of-way. Due to the shallow depth of the existing 30 inch sanitary sewer
force main along Indian Creek Drive and the vibrations and impact loads resulting from the new traffic
pattern, the City recognized the need to protect the force main by constructing a reinforced concrete
protective slab over the existing 30 inch sewer force main.
Kiewit Southern Co. was selected by the City to proceed with the emergency contract to protect this
shallow sewer force main because they were the prime contractor on the FDOT 63rd Street Flyover
Improvement project, their proven construction project success, their specific skill in reinforced concrete
construction work and their immediate availability to commence work.
Given the City's prompt response, the FDOT has agreed to hold the City harmless for any delays attributed
to the construction of the protective slab on Indian Creek Drive from 63rd Street to 65th Street.
The Administration recommends ado tin the Resolution.
Advisory Board Recommendation:
I
Financial Information:
Source of Amount Account Approved
Funds: 1 $36,300 425-0410-000683 Water and
Sewer Fund, Operating /
Maintenance Water Main
Bud~et Account FY 06-07
[<ill 2
3
4
OSPI Total $36,300
Financial Impact Summary:
Cit Clerk's Office Le islative Trackin
Robert Halfhill, Public Works X6833
Si
City Manager
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T:\AGENDA\20
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.....
M.IAMIBEACH
AGENDA ITEM
DATE
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3 - fI(-cJ7
lD
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
FROM:
Mayor David Dermer and Members of the ~mmission
Jorge M. Gonzalez, City Manager \"1
March 14, 2007 0
TO:
DATE:
SUBJECT
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, RATIFYING, PURSUANT TO SECTION 2-396 (a) OF
THE MIAMI BEACH CITY CODE, AN EMERGENCY AGREEMENT BETWEEN
THE CITY AND KIEWIT SOUTHERN CO. IN THE AMOUNT OF $36,300.00, FOR
THE CONSTRUCTION OF 250 LINEAR FEET OF REINFORCED CONCRETE
PROTECTIVE SLAB ABOVE AN EXISTING 30 INCH SANITARY SEWER
FORCE MAIN LOCATED ON THE EAST SIDE OF INDIAN CREEK DRIVE FROM
63RD STREET TO 65TH STREET.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
Funding, in the amount of $36,300, is being provided from the Water and Sewer Fund 425,
Operating/Maintenance Water Main Account appropriated in the FY 2006-07 Budget.
ANAL YSIS
It is the City's responsibility to maintain, repair and replace or improve City owned utilities
within the Florida Department of Transportation right-of-way. Therefore, all cost associated
with the protection of the sanitary sewer force main is the responsibility of the City as the
owner of the utility within the FDOT right of way.
The Florida Department of Transportation (FDOT) roadway reconstruction activities revealed
that the City's existin~ 30" sanitary sewer force main on the east side of Indian Creek Drive,
from 63rd Street to 65 Street, was inappropriately shallow for the final project grades and as
such, that portion of the sanitary sewer force main needed to be protected. The sewer line is
a ductile iron force main with mechanical joints susceptible to failure under excessive loads
and vibration. The shallow location of the pipe was not conducive to sustaining repeated
load impacts and could have been problematic if not adequately protected.
During the 63rd Street Flyover Improvement project design phase, the City provided FOOT
with existing utility drawings that identified the location of the sewer line, however in the
process of design the depth of cover over the sewer main was not reflected accurately in the
plans. The City participated in several utility coordination meetings with FDOT, the project
contractor and other utility owners to address questions, concerns and possible conflicts
within the construction zone. The correct depth of cover of the sewer main was not identified
as a problem until the final roadway grading elevations were established in the field by the
FOOT contractor.
This sewer force main line is one of the primary sewage transmission mains for many
residents in the northern parts of Miami Beach. The system handles significant volume of
sewage; as a result a failure of this sewer line would have presented a risk to the health,
safety and welfare of the City residents.
In the interest of expediting the installation of the protective barrier and not causing
additional delays to the existing Indian Creek Improvement Project, city staff awarded the
repairs to Kiewit Southern Co. which completed the repairs on December 6th, 2006.
Kiewit Southern was selected by the City because they were the prime contractor on the
FDOT 63rd Street Flyover Improvement project, their proven construction project success,
their specific skill in reinforced concrete construction work and their immediate availability to
commence work.
Given the City's prompt response, FDOT agreed to hold the City harmless for any delays
which may have been attributed to the construction of the reinforced concrete protective slab
along the Indian Creek Drive Corridor.
CONCLUSION
The Administration recommends that the City Commission adopt the attached resolution that
recommends the ratification of an emergency agreement between the City and Kiewit
Southern Company in the amount of $36,000 for the construction of 250 linear feet of
reinforced concrete protective slab above an existing 30 inch sanitary sewer force main
located on the east side of Indian Creek Drive from 63rd street to 65th Street.
T:\AGENDA\2007\mar1407\Consent\Sewer Concrete Slab Mem.doc
~K5. K- -t Kiewit Southern Co.
~ Ie"". 63rd Street Bascule 044-3085
6300 INDIAN CREEK DRIVE
MIAMI BEACH, FL 33141
~~ (305) 868-0385
Invoice
Invoice Number
Invoice Date
Due Date
PO Number
Status
60149
12-05-06
01-05-07
Bill To: City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Ship To: 63rc1 Street Bascule
6300 INDIAN CREEK DRIVE
MIAMI BEACH, FL 33141
Delivery Date Description Quantity Unit Price Amount
12-05-06 30" Force Main Protection Slab 1.00 LS 36,300.0000 $ 36,300.00
. $36,300 for 250'X5.5X6" REINFORCED CONCRETE SLAB
Subtotal $ 36,300.00
Sales Tax $ 0.00
Retainage (0.00%) $ 0.00
Total Due $ 36,300.00
Shipping Type: Picked up by customer
Remit To: Kiewit Southern Co.
6300 INDIAN CREEK DRIVE
MIAMI BEACH, FL 33141
(305) 868-0385
Comments Or Special Instructions: None
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PROCUREMENT Division
MEMORANDUM
TO: Robert Parcher, City Clerk
FROM: Gus Lopez, CPPO, Procurement Director
DATE: November 16,2006
SUBJECT: Emergency Construction Contract for 12" Water Main along State Road A1A and
lI'i'r.lrn Creek Drive from 63rd Street to 67th Street for a total Lump Sum Amount of
$517,000.
Attached please find a Contract to Ric-Man International, Inc. for the EMERGENCY construction
of a 12" Water Main along State Road A1A and Indian Creek Drive from 63rd Street to 67th
Street for a total Lump Sum Amount of $517,000.
Due to the urgency and emergency of the construction services required, the City Attorney has
approved the contracts for language and form and the Contractor has executed the contracts.
Risk Management has approved the insurance certificate and the city Attorney's office and the
Procurement office have reviewed the Performance and Payment Bonds submitted by the
contractor and have found to be acceptable to the City. The City Manager has signed all four (4)
contract books.
Please sign and execute all four (4) contracts on page 13.
Please call Roman Martinez at x7493 when the contracts are executed and ready to be delivered
to the City Clerk's office for execution.
Thank you for your prompt attention to this matter.
t--
Gus Lopez, CPPO
Procurement Director
rm
li'\.<? Ci(' (:CI.'irn:!ted tc pre.vI,ding 2xceitf.'n: r';JbiiC ser,,-ice CJi~d :~oh:.y t.") 0/,0 Vlnc I;v:.:.....,- vlsri:, end ,(::.lei/ in C;[!I v'ibro.0!,. irep;'_:',"}!, hf.",iOiiC cc,rnr:--::}n,'IY.
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e 7S- 1,y0t-
CONSTRUCTION CONTRACT
12" WATER MAIN ALONG STATE ROAD AlA AND INDIAN
CREEK DRIVE FROM 63RD STREET TO 6nH STREET FOR A TOTAL
LUMP SUM AMOUNT OF $517,000.
CITY CLERK
CONTRACTOR: RIC-MAN INTERNATIONAL, INC.
Gus Lopez, CPPO, Procurement Director
PROCUREMENT DIVISION
1700 Convention Center Drive, Miami Beach, FL 33139
www.miamibeachfl.gov
C:\DoCllment~ and Seitings\plJrcmarr\DesktGp \Ric-Mon Contract. doc
& MIAMlBEACH
~.
00200. DEFINITIONS:
1. Definitions: Whenever the following terms or pronouns in place of them appear
in the Project Manual, the intent and meaning shall be interpreted as follows:
1.1. Bidder: Any individual, firm, or corporation submitting a bid for. this
Project, acting directly or through a duly authorized representative.
1.2. Change Order: A written document ordering a change in the Contract
Price or Contract Time or a material change in the Work of Watermain
and Hangers.
1.3. City: The City (or Owner) shall mean the City of Miami Beach, a Florida
municipal corporation, having its principal offices at 1700 Convention
Center Drive, Miami Beach, Florida 33139, which is a party hereto and
lor for which this Contract is to be performed. In all respects hereunder,
City's performance is pursuant to City's position as the owner of a
construction project. In the event City exercises its regulatory authority
as a governmental body, the exercise of such regulatory authority and
the enforcement of any rules, regulations, laws and ordinances shall be
deemed to have occurred pursuant to City's regulatory authority as a
governmental body and shall not be attributable in any manner to City
as a party to this Contract.
1.4. City Commission: City Commission shall mean the governing and
legislative body of the City.
1.5. City Manager: City Manager shall mean the Chief Administrative
Officer of the City.
1.6. Consultant: Architect or Engineer who has contracted with City to
provide professional services for this Project.
1.7. Contract: The part or section of the Contract Documents addressing
the rights and duties of the parties hereto, including but not limited to
contract time and liquidated damages.
1.8. Contract Documents Clarification: (Not Applicable)
1.9. Contract Administrator: The City's Contract Administrator shall mean
the individual appointed by the City Manager who shall be the City's
authorized representative to coordinate, direct, and review on behalf of
the City, all matters related to the Project.
1.10. Contract Documents: The Project Manual including drawings (plans)
and specifications, Addenda, if any, to the Project Manual,' the
CONSTRUCTION CONTRACT
12" Water Main - 63rd Street
DATE: 10/23/06
CITY OF MIAMI BEACH
2
Performance Bond and Payment Bond, the Notice(s) to Proceed, the
Purchase Order, Change Orders, Field Orders, Supplemental
Instructions, and any additional documents the submission of which is
required by this Project Manual, are the documents which are
collectively referred to as the Contract Documents.
1.11. Contract Price: The original amount established on this contract, as may
be amended by Change Order.
1.12. Contract Time: The original time between commencement and
completion, including any milestone dates thereof, established in
Article 2 of the Contract, as may be amended by Change Order.
1.13. Contractor: The person, firm, or corporation with whom the City has
contracted and who is responsible for the acceptable performance of
the Work and for the payment of all legal debts pertaining to the Work.
All references in the Contract Documents to third parties under contract
or control of Contractor shall be deemed to be a reference to
Contractor. The Contractor for this project is Ric-Man International, Inc.
1.14. Field Order: A written order which orders minor changes in the Work but
which does not involve a change in the Contract Price or Contract Time.
1.15. Final Completion: The date certified by Consultant in the Final
Certificate of Payment upon which all conditions and requirements of
any permits and regulatory agencies have been satisfied; any
documents required by the Contract Documents have been received by
Consultant; any other documents required to be provided by Contractor
have been received by Consultant; and to the best of Consultant's
knowledge, information and belief the Work defined herein has been
fully completed in accordance with the terms and conditions of the
Contract Documents.
1.16. Inspector: An authorized representative of Consultant or City assigned
to make necessary inspections of materials furnished by Contractor and
of the work performed by Contractor.
1.17. Materials: Materials incorporated in this Project, or used or consumed
in the performance of the Work.
1.18. Notice(s) to Proceed: Written notice to Contractor authorizing the
commencement of the activities identified in the notice or as described
in the Contract Documents.
CONSTRUCTION CONTRACT
12" Water Main - 63rd Street
DATE: 10/23/06
CITY OF MIAMI BEACH
3
1.19. Plans and/or Drawings: The official graphic representations of this
Project which are a part of the Project Manual.
1.20. Program Manager: Not ADDlicable
1.21. Project: The construction project described in the Contract Documents,
including the Work described therein.
1.22. Project Initiation Date: The date upon which the Contract Time
commences.
1.23. Project Manual: The official contract documents setting forth
construction information and requirements; contract form, bonds, and
certificates; General and Supplementary Conditions of the Contract
Documents; the specifications; and the plans and drawings of the
Project.
1.24. Resident Project Representative: An authorized representative of
Consultant or City assigned to represent Consultant or the City on the
Project.
1.25. Subcontractor: A person, firm or corporation having a direct contract
with Contractor including one who furnishes material worked to a
special design according to the Contract Documents, but does not
include one who merely furnishes Materials not so worked.
1.26. Substantial Completion: The date certified by Consultant when all
conditions and requirements of permits and regulatory agencies have
been satisfied and the Work is sufficiently complete in accordance with
the Contract Documents so the Project is available for beneficial
occupancy by City. A Certificate of Occupancy or Certificate of
Completion must be issued for Substantial Completion to be achieved,
however, the issuance of a Certificate of Occupancy or Certificate of
Completion or the date thereof are not to be determinative of the
achievement or date of Substantial Completion.
1.27. Surety: The surety company or individual which is bound by the
performance bond and payment bond with and for Contractor who is
primarily liable, and which surety company or individual is responsible
for Contractor's satisfactory performance of the work under the contract
and for the payment of all debts pertaining thereto in accordance with
Section 255.05, Florida Statutes.
1.28. Work: The construction and services required by the Contract
Documents, whether completed or partially completed, and includes all
other labor, materials, equipment and services provided or to be
provided by Contractor to fulfill Contractor's obligations. The Work may
constitute the whole or a part of the Project.
CONSTRUCTION CONTRACT
12" Water Main - 63rd Street
DATE: 10/23/06
CITY OF MIAMI BEACH
4
00600. CONTRACT:
CONTRACT
THIS IS A CONTRACT, by and between the City of Miami Beach, a political
subdivision of the State of Florida, hereinafter referred to as CITY, and RIC-MAN
INTERNATIONAL. INC., hereinafter referred to as CONTRACTOR.
WIT N E SSE T H, that CONTRACTOR and CITY, for the considerations
hereinafter named, agree as follows:
ARTICLE 1
SCOPE OF WORK
CONTRACTOR hereby agrees to furnish all of the labor, materials, equipment
services and incidentals necessary to perform all of the work described in the Contract
Documents and related thereto for a 12" Water Main alona State Road A1A and
Indian Creek Drive from 63rd Street to 67th Street for a total Lump Sum Amount of
$517.000.
ARTICLE 2
CONTRACT TIME
2.1 CONTRACTOR shall be instructed to commence the Work by written instructions
in the form of a Standing Order issued by the City's Procurement Director and a
Notice to Proceed issued by the Contract Administrator. The Notice to Proceed
and Purchase Order will not be issued until CONTRACTOR's submission to CITY
of all required documents(including but limited to: Payment and Performance
Bonds, and Insurance Certificate) and after execution of the Contract by both
parties.
2.2 Time is of the essence throughout this Contract. This project shall have 2
Phases. The 1st Phase shall be substantially completed within nineteen, (19)
calendar days (Nov. 10) from the issuance of the Notice to Proceed, and
completed and ready for final payment in accordance with Article 5.
The 2nd Phase (Subiect to City Approval) shall be substantially completed
within sixteen (16) calendar days from the issuance of the Notice to Proceed,
and completed and ready for final payment in accordance with Article 5.
2.3 Upon failure of CONTRACTOR to substantially complete the Contract within the
specified period of time, plus approved time extensions, CONTRACTOR shall
CONSTRUCTION CONTRACT
12" Water Main - 63rd Street
DATE: 10/23/06
CITY OF MIAMI BEACH
5
pay to CITY the sum of five-thousand ($5,000) for each calendar day after the
time specified in Section 2.2 above, plus any approved time extensions, for
Substantial Completion. After Substantial Completion should CONTRACTOR fail
to complete the remaining work within the time specified in Section 2.2 above,
plus approved time extensions thereof, for completion and readiness for final
payment, CONTRACTOR shall pay to CITY the sum of five-thousand ($5,000)
for each calendar day after the time specified in Section 2.2 above, plus any
approved extensions, for completion and readiness for final payment. These
amounts are not penalties but are liquidated damages to CITY for its inability to
obtain full beneficial occupancy and/or use of the Project. Liquidated damages
are hereby fixed and agreed upon between the parties, recognizing the
impossibility of precisely ascertaining the amount of damages that will be
sustained by CITY as a consequence of such delay, and both parties desiring to
obviate any question of dispute concerning the amount of said damages and the
cost and effect of the failure of CONTRACTOR to complete the Contract on time.
The above-stated liquidated damages shall apply separately to each portion of
the Project for which a time for completion is given.
2.4 CITY is authorized to deduct liquidated damages from monies due to
CONTRACTOR for the Work under this Contract or as much thereof as CITY
may, in its sole discretion, deem just and reasonable.
2.5 CONTRACTOR shall be responsible for reimbursing CITY, in addition to
liquidated damages, for all costs incurred by CONSULTANT in administering the
construction of the Project beyond the completion date specified above, plus
approved time extensions. CONSULTANT construction administration costs
shall be pursuant to the contract between CITY and CONSULTANT, a copy of
which is available upon request of the Contract Administrator. All such costs
shall be deducted from the monies due CONTRACTOR for performance of Work
under this Contract by means of unilateral credit change orders issued by CITY
as costs are incurred by CONSULTANT and agreed to by CITY.
2.6 SAVINGS - City and Contractor recognize that both parties will benefit financially
should the Project be completed prior to the contract time specified in Paragraph
2.2 of the Contract (Agreement). Accordingly, for each calendar day that the
contract work is accepted by the City prior to the contract time specified for
Substantial Completion in Paragraph 2.2 of the five-thousand ($5,000.00)
Dollars a day up to a maximum of three (3) days ($15,000 max). Such payment
will be made after final acceptance in accordance with Article 5. The liquidated
savings payment amount represents a reasonable estimate of the City's savings
for inspection, engineering services and administrative costs realized from early
completion.
CONSTRUCTION CONTRACT
12" Water Main - 63rd Street
DATE: 10/23/06
CITY OF MIAMI BEACH
6
ARTICLE 3
THE CONTRACT SUM
[] This is a Unit Price Contract:*
3.0 CITY shall pay to CONTRACTOR the amounts determined for the total number
of each of the units of work completed at the unit price stated in the schedule of
prices bid. The number of units contained in this schedule is an estimate only,
and final payment shall be made for the actual number of units incorporated in or
made necessary by the Work covered by the Contract Documents.
3.2 Payment shall be made at the unit prices applicable to each integral part of the
Work. These prices shall be full compensation for all costs, including overhead
and profit, associated with completion of all the Work in full conformity with the
requirements as stated or shown, or both, in the Contract Documents. The cost
of any item of work not covered by a definite Contract unit price shall be included
in the Contract unit price or lump sum price to which the item is most applicable.
[ Xl This is a Lumo Sum Contract:*
3.1 CITY shall pay to CONTRACTOR for the performance of the Work described in
the Contract Documents, the total price stated as awarded.
3.2 Payment shall be at the lump sum price stated in the Contract. This price shall
be full compensation for all costs, including overhead and profit, associated with
completion of all the work in full conformity with the requirements as stated or
shown, or both, in the Contract Documents. The cost of any item of work not
covered by a definite Contract lump sum should be included in the lump sum
price to which the item is most applicable.
*Note: Some Projects include both unit prices and lump sums in which case both
sections shall apply to the Work identified for each type of Contract.
ARTICLE 4
PROGRESS PAYMENTS
4.0 CONTRACTOR may make Application for Payment for work completed during
the Project at intervals of not more than once a month. CONTRACTOR's
application shall show a complete breakdown of the Project components, the
quantities completed and the amount due, together with such supporting
evidence as may be required by CONSULTANT. CONTRACTOR shall include,
but same shall be limited to, at Consultant's discretion, with each Application for
Payment, an updated progress schedule acceptable to CONSULTANT as
CONSTRUCTION CONTRACT
12" Water Main - 63rd Street
DATE: 10/23/06
CITY OF MIAMI BEACH
7
required by the Contract Documents and a release of liens and consent of surety
relative to the work which is the subject of the Application. Each Application for
Payment shall be submitted in triplicate to CONSULTANT for approval. CITY
shall make payment to CONTRACTOR within thirty (30) days after approval by
CONSULTANT of CONTRACTOR's Application for Payment and submission of
an acceptable updated progress schedule.
4.1 Ten percent (10%) of all monies earned by CONTRACTOR shall be retained by
CITY until Final Completion and acceptance by CITY in accordance with Article 5
hereof, except that after ninety percent (90%) of the Work has been completed,
the Contract Administrator may reduce the retainage to five percent (5%) 9f all
monies previously earned and all monies earned thereafter. Any reduction in
retainage shall be in the sole discretion of the Contract Administrator, shall be
recommended by CONSULTANT and CONTRACTOR shall have no entitlement
to a reduction. Any interest earned on retainage shall accrue to the benefit of
CITY. All requests for retainage reduction shall be in writing in a separate stand
alone document.
4.2 CITY may withhold, in whole or in part, payment to such extent as may be
necessary to protect itself from loss on account of:
4.2.1 Defective work not remedied.
4.2.2 Claims filed or reasonable evidence indicating probable filing of claims
by other parties against CONTRACTOR or CITY because of
CONTRACTOR's performance.
4.2.3 Failure of CONTRACTOR to make payments properly to Subcontractors
or for material or labor.
4.2.4 Damage to another contractor not remedied.
4.2.5 Liquidated damages and costs incurred by CONSULTANT for extended
construction administration.
4.3.6 Failure of CONTRACTOR to provide any and all documents required by
the Contract Documents.
When the above grounds are removed or resolved satisfactory to the Contract
Administrator, payment shall be made in whole or in part.
CONSTRUCTION CONTRACT
12" Water Main - 63rd Street
DATE: 10/23/06
CITY OF MIAMI BEACH
8
ARTICLE 5
ACCEPTANCE AND FINAL PAYMENT
5.1 Upon receipt of written notice from CONTRACTOR that the Work is ready for
final inspection and acceptance, CONSULTANT shall, within ten (10) calendar
days, make an inspection thereof. If CONSULTANT and Contract Administrator
find the Work acceptable, the requisite documents have been submitted and the
requirements of the Contract Documents fully satisfied, and all conditions of the
permits and regulatory agencies have been met, a Final Certificate of Payment
(Form 00926) shall be issued by CONSULTANT, over its signature, stating that
the requirements of the Contract Documents have been performed and the Work
is ready for acceptance under the terms and conditions thereof.
5.2 Before issuance of the Final Certificate for Payment, CONTRACTOR shall
deliver to CONSULTANT a complete release of all liens arising out of this
Contract, receipts in full in lieu thereof; an affidavit certifying that all suppliers and
subcontractors have been paid in full and that all other indebtedness connected
with the Work has been paid, and a consent of the surety to final payment; the
final corrected as-built drawings; and the final bill of materials, if required, and
invoice.
5.3 If, after the Work has been substantially completed, full completion thereof is
materially delayed through no fault of CONTRACTOR, and CONSULTANT so
certifies, CITY shall, upon certificate of CONSULTANT, and without terminating
the Contract, make payment of the balance due for that portion of the Work fully
completed and accepted. Such payment shall be made under the terms and
conditions governing final payment, except that it shall not constitute a waiver of
claims.
5.4 Final payment shall be made only after the City Manager or his designee has
reviewed a written evaluation of the performance of CONTRACTOR prepared by
the Contract Administrator, and approved the final payment. The acceptance of
final payment shall constitute a waiver of all claims by CONTRACTOR, except
those previously made in strict accordance with the provisions of the General
Conditions and identified by CONTRACTOR as unsettled at the time of the
application for final payment.
ARTICLE 6
MISCELLANEOUS
6.1 This Contract is part of, and incorporated in, the Contract Documents as defined
herein. Accordingly, all of the documents incorporated by the Contract
Documents shall govern this Project.
CONSTRUCTION CONTRACT
12" Water Main - 63rd Street
DATE: 10/23/06
CITY OF MIAMI BEACH
9
6.2 Where there is a conflict between any provision set forth within the Contract
Documents and a more stringent state or federal provision which is applicable to
this Project, the more stringent state or federal provision shall prevail.
6.3 Public Entity Crimes
In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a
person or affiliate who is a contractor, consultant or other provider, who has been
placed on the convicted vendor list following a conviction for a public entity crime
may not submit a bid on a contract to provide any goods or services to the CITY,
may not submit a bid on a contract with the CITY for the construction or repair of
a public building or public work, may not submit bids on leases of real property to
the CITY, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with the CITY, and may not
transact any business with the CITY in excess of the threshold amount provided
in Section 287.017, Florida Statutes, for category two purchases for a period of
36 months from the date of being placed on the convicted vendor list. Violation
of this section by Contractor shall result in cancellation of the CITY purchase and
may result in Contractor debarment.
6.4 Indeoendent Contractor
CONTRACTOR is an independent contractor under this Contract. Services
provided by CONTRACTOR pursuant to this Contract shall be subject to the
supervision of CONTRACTOR. In providing such services, neither
CONTRACTOR nor its agents shall act as officers, employees, or agents of the
CITY. This Contract shall not constitute or make the parties a partnership or joint
venture.
6.5 Third Party Beneficiaries
Neither CONTRACTOR nor CITY intend to directly or substantially benefit a third
party by this Contract. Therefore, the parties agree that there are no third party
beneficiaries to this Contract and that no third party shall be entitled to assert a
claim against either of them based upon this Contract. The parties expressly
acknowledge that it is not their intent to create any rights or obligations in any
third person or entity under this Contract.
6.6 Notices
Whenever either party desires to give notice to the other, such notice must be in
writing, sent by certified United States Mail, postage prepaid, return receipt
requested, or by hand-delivery with a request for a written receipt of
acknowledgment of delivery, addressed to the party for whom it is intended at the
place last specified.
CONSTRUCTION CONTRACT
12" Water Main - 63rd Street
DATE: 10/23/06
CITY OF MIAMI BEACH
10
The place for giving notice shall remain the same as set forth herein until
changed in writing in the manner provided in this section. For the present, the
parties designate the following:
For CITY:
Public Works Department
1700 Convention Center Drive. 4th Floor
Miami Beach. Florida 33139
Attn: Fernando VazQuez. City Enaineer
With copies to:
City Attornev
City of Miami Beach
1700 Convention Center Drive
Miami Beach. Florida 33139
For Contractor:
Ric-Man International. Inc.
2601 NW 48 Street
Pompano Beach. Florida 33073
Attn: David Mancini
6.7 Assianment and Performance
Neither this Contract nor any interest herein shall be assigned, transferred, or
encumbered by either party. In addition, CONTRACTOR shall not subcontract
any portion of the work required by this Contract except as authorized by Section
27 of the General Conditions. CONTRACTOR represents that all persons
delivering the services required by this Contract have the knowledge and skills,
either by training, experience, education, or a combination thereof, to adequately
and competently perform the duties, obligations, and services set forth in the
Scope of Work and to provide and perform such services to CITY's satisfaction
for the agreed compensation.
CONTRACTOR shall perform its duties, obligations, and services under this
Contract in a skillful and respectable manner. The quality of CONTRACTOR's
performance and all interim and final product(s) provided to or on behalf of CITY
shall be comparable to the best local and national standards.
CONSTRUCTION CONTRACT
12" Water Main - 63rd Street
DATE: 10/23/06
CITY OF MIAMI BEACH
11
6.8 Materiality and Waiver of Breach
CITY and CONTRACTOR agree that each requirement, duty, and obligation set
forth in these Contract Documents is substantial and important to the formation of
this Contract and, therefore, is a material term hereof.
CITY's failure to enforce any provision of this Contract shall not be deemed a
waiver of such provision or modification of this Contract. A waiver of any breach
of a provision of this Contract shall not be deemed a waiver of any subsequent
breach and shall not be construed to be a modification of the terms of this
Contract.
6.9 Severance
In the event a portion of this Contract is found by a court of competent jurisdiction
to be invalid, the remaining provisions shall continue to be effective unless CITY
or CONTRACTOR elects to terminate this Contract. An election to terminate this
Contract based upon this provision shall be made within seven (7) days after the
finding by the court becomes final.
6.10 Applicable Law and Venue
This Contract shall be enforceable in Miami-Dade County, Florida, and if legal
action is necessary by either party with respect to the enforcement of any or all of
the terms or conditions herein exclusive venue for the enforcement of same shall
lie in Miami-Dade County, Florida. By entering into this Contract,
CONTRACTOR and CITY hereby expressly waive any rights either party
may have to a trial by jury of any civil litigation related to, or arising out of
the Project. CONTRACTOR, shall specifically bind all subcontractors to the
provisions of this Contract.
6.11 Amendments
No modification, amendment, or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document prepared with
the same or similar formality as this Contract and executed by the Board and
CONTRACTOR.
6.12 Prior Agreements
This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters
contained herein and the parties agree that there are no commitments,
agreements or understandings concerning the subject matter of this Contract that
are not contained in this document.
CONSTRUCTION CONTRACT
12" Water Main - 63rd Street
DATE: 10/23/06
CITY OF MIAMI BEACH
12
Accordingly, the parties agree that no deviation from the terms hereof shall be
predicated upon any prior representations or agreements, whether oral or written.
It is further agreed that no modification, amendment or alteration in the terms or
conditions contained herein shall be effective unless set forth in writing in
accordance with Section 6.11 above.
IN WITNESS WHEREOF, the parties have set their hands and seals the day and
year first ~b?V~ ~ritten.
". '..
l;t~ofu~ \:C:Y~F~~~~
City Clerk " , ~ity Mc(~.a)er I. . ~
.CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW.
CORPORATION OR NONCORPORA TION FORMAT, AS APPLICABLE.
USE
[If incorporated sign below.]
ATTEST:
CONTRACTOR
~- /'
(Name of Corporation)
By:
(Secretary)
(Signature)
(Corp'Qra~e_Seal )
(Print Name and Title)
. '".
_'" J'. '
.,..,.' .t
[If nottn~corporated sign below.]
_ day of
,20_.
CONTRACTOR
WITNESSES:
By:
(Name of Firm)
(Signature)
(Print Name and Title)
_ day of
APPROV!tf~s-TO
~~
11 It (01.
may ~~
CONSTRUCTION CONTRACT
12" Water Main - 63rd Street
DATE: 10/23/06
CITY OF MIAMI BEACH
13
CITY REQUIRES FOUR (4) FULLY-EXECUTED CONTRACTS, FO
00708. FORM CERTIFICATE OF INSURANCE
A form Certificate of Insurance will be attached here.
CONSTRUCTION CONTRACT
12" Water Main - 63rd Street
DA TE: 10/23/06
CITY OF MIAMI BEACH
14
ACORD. CERTIFICA TE OF LIABILITY INSURANCE OP ID y~ DAn; (~'MIODI\Y'''YI
RICMA-3 02/01/06
PRODUCl;R THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONL Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Bosquett & Company HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
~150 Butterfield,. 6te 100 ALTER THE COVERAGE AFFORDED 6Y THE POLICIES BELOW.
.'roy MI 48084 i I NA1C#
Pbone:2~S-643-7~75 Fax:24S-643-6332 : INSURERS AFFORDING COVERAGE
.--.--.-.-.- . -.-. - ._- ---
INSUR=D IN~'lJit~ " Zurich-American Ins Co
.,.._...~..... . ...... .- .... ---.....-
INSURC" U AIG Insurance Group
aie~Man International, Ine.. I !N5~R C__--'_t~._d.h.t lzuuuroc. cORf)~n~ ...--....... _._-- ---
Attn: Jerrt Wichert
2601 NW 48 h Street :N~URrR c.
Pompano Beach l"L 33073
lNSJRF ~ F.
COVERAGES
lHE rOLlClES OF INSUPJlNCE LISTED BELOW Hi\VE BEEN ISSUED TO THE INSURED ~ED AbOVE FOR TriE POLICY PEF':IOO INCIC}\TEC NOTW!Tt-lST"IIIDING
AVV 11I:uUII<f:Mf:NT. TE~M OR CONDI710N OF ANY CONTI<PJ::T O~ O\HEI< DCX;!JMENT WiTH RESPECT TO WHICH \HIS CER'Tlf:CATE M~Y BE ISSUED OR
MAV f'tOfllAIN. THE 1N"..AJI1A"'CE AFfWDED Ell' 'Tl1E "WCIEr, DESCflIBED H=::zEIN IS WBJECT TO I<l.L \HE TERMS, EXCl~IONS.AND COIlOITIONS Of SUCH
POliCIES. AGGREGAr::: liMITS SHOlhN 'MY KA:V:: (eCN REDuceD DY PAID CLAIM~_
'L~ r'N"SRt r POl.ICY NUMB=R O'"~TE (MMr,.QO,:;;t rO~~'(~I:..'JOO-";':"'t LIMITS
'l'W>E OF INSU~ANCE i
I QENEIlA~ llAel~1TY EACH OCCURRENCE ~l,OOO,OOO
~
A!X X (':l'MM!:~Ci.Al. GIoN~,,'Il. L1AtlI~11 v GL03725839-02 0.2/01/06 02/01/07 _~~~~~E.&-~~CiJ~MCf\1 $ 300,000
c-- r--, [Xl O:;CljR
I CAlMS ~.AL>t: MED EXP IMy 008 P~OI\I t10,OOO
PERSONAL II M:>V INJL!R'f $ 1,000,000
.... ....-. . -
X Per ~.~~ <lCJg~ega t~ ' GENER."lIlGGREG"TE 52,000,000
.~.. . ..
GENL .\GGREGATF LIMIT APP,I.S "EI; P~r~r)l K>' ~ - (.:(.)Mt-:"O~ .Ar..;~ 52,000,000
n n PRe- nlDt Emp Ben. 1,000,000
POI Jr.\' JeCT
I AVT0M081LE UA8JUrf COMBINED SINGLE LIMIT
- $ 1,000,000
A I X ilNV A1110 BAP372584 0-02 02/01/06 02/01/07 (Ed sccldHll)
- ........ ,- .--.
N.L OWNEr: A'JTOS: ROOII y IN.~.fly
- J (Por rHiif7,Qrl) S
SCHEDULED AlJTOS
-
HIRED AJ./roS f<tl)IL v INJUI."
- (J:.'cr OCCld~nt) i
I NON-OWNLOoWTOS ~ 1~-wI~"
~
I ~ PROPCJ;:n' D/IMi\GC ~
[PlI:f 2:St"cidar!!)
I GARAG!; L"BILrTY V' IVI I A'JTO ONLY - EA ACCIDENT $
I q ANY .~UTO I I EA:ACe
I ! OTlICR TI \'W $
AiJTO ONL y ".GG S
cl ElCEE:S/UII.BRElL,\ LIABILrTY I cA::;H OCCUfiRENCE $5,000,000
D ~lCCUl< 0 (lAIM::; "'AVt 'AUCS918560-00 02/01/06 02/01/07 Acr.nECA11; $5,000,000
0.____-
11DEOUCTIBLE $
_. ., --
~
X RCTr.NTIOl'J $ S
WORt<ERS COMP!;NSA'1'ION ANO X ITorly'i:I(.;;rs I 1".1.':'
"IAPLOYER~' LIABilITY ER ..-.--.. .--.-.
8 N~y pflOf>.~It::rOtIIl-'A1I1Ntfll'cY.l:(;UIIVl: WC8844578 02/01/06 02/01/07 tl "'AO::HAf.:C:lI)~Nl 5~~ 0 0 _J~~ .Qu_
O"ICl:HIMt:..,~t:~ I:XCLLrJI:'D'; I cL l)ISI:A::>t:. I:A ~M~LOY~i: _:'!'!.QQ..~Lo._9 Q.... _ _
If \flU. CtU:Crlt');llln..W
~r.l!v ~(')V151~"W~ tJ,"!It'lw l::.L l)1~t:A:::l: - I'OLICY LIMIT $ 1 .000,000
O'lHEll I I
I
I
OUCFt'I'T10N OF OPERATIONS Il.OCA1l0NS I V"Hll;~"S I EXC~US'ONS ADCi:O BY ENOORS~M"NT I SPI;"A1. PROVISIONS
city of Mi ami Beach is included as addit.ional insured with respect to
liability arising out of operations performed for City by or on behalf of
contractor or acts or omm.i.,ssions of city in connection with general
supervision of such operation
CERTIFICATE HOLDER
CANCElLATION
City of Miami Beach
Risk Mana9emen t
1700 Convention Center Dr
Miami Beach FL 33139
SHOULD ANY O~ '1'HE ABOVE DESCRIBEI:' POLICIFS BE CANCELLEO BEFORE 'THE EtPIRATlON
cwre ~IlEOF. Tl-IE ISlltJINIJ INSURER 'N1~1. ENDI;AVOR TO ",AIL 30 CAYS WR~N
NOTlCl; TO niE ,IORYlFIl;.~T;; HO~OER NAMI;D TO THl; ~EFT. BUT "',"VRE TO DO so SHAI.~
'''POS~ NO OBLIGATlON Of' lIABILm- Of ANY KIND UPON THE Jr'SURER. ITS AGENTS OR
REPRE:>EIlTATIV'ES
AlfIloIORIZED REPRESENTA
ACORD 25 f2D011011)
~ ACORD CORPORATION 1988
'0/31/'2006 3: 39 PM
786-394-4008 -) 19544260717
Page 4 of 10
Bondtl 013019155
00710. FORM OF PERFORMANCE BOND
BY THIS BOND, We Ric-Man International, Inc.
I as
Principal, hereinafter called CONTRACTOR, and
Liberty Mutual Insurance Company ,as Surety, are bound to the City of Miami
Beach, Florida, as Obligee, hereinafter called CITY, in the amount of
Five hundred seventeen thousand Dollars ($ 517,000** ) for the payment whereof
CONTRACTOR and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally.
WHEREAS, CONTRACTOR has by written agreement entered into a Contract,
Bid/Contract No.: awarded the day of
. 20_. with CITY which Contract Documents are by reference
incorporated herein and made a part hereof, and specifically include provision for
liquidated damages, and other damages identified, and for the purposes of this Bond
are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if CONTRACTOR:
1. Performs the Contract between CONTRACTOR and CITY for construction of
12" water main along State Rd. AlA & Indian Creek Drthe Contract being
made a part of this Bond by reference, at the times and in the manner prescribed
in the Contract; and
2. Pays CITY all losses, liquidated damages, expenses, costs and attorney's fees
including appellate proceedings, that CITY sustains as a result of default by
CONTRACTOR under the Contract; and
CONSTRUCTION CONTRACT
12" Water Main - t)3rd Street
DATE: 10/23/06
CITY OF MIAMI BEACH
1
0/31/2006 3:39 PM
786-394-4008 -> 19544260717
Page 5 of 10
FORM OF PERFORMANCE BOND
(Continued)
3. Performs the guarantee of all work and materials furnished under the Contract for
the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT
REMAINS IN FULL FORCE AND EFFECT.
Whenever CONTRACTOR shall be, and declared by CITY to be, in default under
the Contract, CITY having performed CITY obligations thereunder, the Surety
may promptly remedy the default, or shall promptly:
3.1. Complete the Project in accordance with the terms and conditions of the
Contract Documents; or
3.2. Obtain a bid or bids for completing the Project in accordance with the
terms and conditions of the Contract Documents, and upon
determination by Surety of the lowest responsible Bidder, or, if CITY
elects, upon determination by CITY and Surety jointly of the lowest
responsible Bidder, arrange for a contract between such Bidder and
CITY, and make available as work progresses (even though there
should be a default or a succession of defaults under the Contract or
Contracts of completion arranged under this paragraph) sufficient funds
to pay the cost of completion less the balance of the Contract Price; but
not exceeding, including other costs and damages for which the Surety
may be liable hereunder, the amount set forth in the first paragraph
hereof. The term "balance of the Contract Price," as used in this
paragraph, shall mean the total amount payable by CITY to
CONTRACTOR under the Contract and any amendments thereto, less
the amount properly paid by CITY to CONTRACTOR.
No right of action shall accrue on this bond to or for the use of any person or
corporation other than CITY named herein.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities
connected with the Contract or the changes does not affect Surety's obligation
under this Bond.
Signed and sealed this 1st day of November
,2006
CONSTRUCTION CONTRACT
12" Water Main - 63rd Street
DATE 10/23/06
CITY OF MIAMI BEACH
2
0/31f2006 3:39 PM
786-394-4008 -) 19544260717
Page 6 of 10
FORM OF PERFORMANCE BOND
(Continued)
By:
David Mancini, President
(Print Name and Title)
IN THE PRESENCE OF:
INSURANCE COMPANY:
Liberty Mutual Insurance Company
~r~
Agent and Attorney-in-Fact
Arlene Touzi
Address: 2150 Butterfield Dr.
(Street)
Troy, MI 48084
(City/State/Zip Code)
By:
4-~.L-
~ a.:u~
J1~. It-
Telephone No.: 248-643-7475
CONSTRUCTION CONTRACT
12" Water Main - 63rd Street
DATE: 10/23/06
CITY OF MIAMI BEACH
3
0/31/2006 3:39 PM
786-394-4008 -> 19544260717
Page 7 of 10
Bondi! 013019155
00720. FORM OF PAYMENT BOND
BY THIS BOND, We Ric-Man International. Inc. , as
Principal, hereinafter called CONTRACTOR, and
Liberty Mutual Insurance Company , as Surety, are bound to the City of Miami
Beach, Florida, as Obligee, hereinafter called CITY, in the amount of
Five hundred seventeen thousand Dollars ($517.000** for the payment
whereof CONTRACTOR and Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally.
WHEREAS, CONTRACTOR has by written agreement entered into a Contract,
Bid/Contract No.: awarded the day of
I 20_, with CITY which Contract Documents are by reference
incorporated herein and made a part hereof, and specifically include provision for
liquidated damages, and other damages identified, and for the purposes of this Bond
are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if CONTRACTOR:
1. Pays CITY all losses, liquidated damages, expenses, costs and attorney's fees
including appellate proceedings, that CITY sustains because of default by
CONTRACTOR under the Contract; and
2. Promptly makes payments to all claimants as defined by Florida Statute
255.05(1) for all labor, materials and supplies used directly or indirectly by
CONTRACTOR in the performance of the Contract;
THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT
SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO
THE FOLLOWING CONDITIONS:
2.1. A claimant, except a laborer, who is not in privity with CONTRACTOR
and who has not received payment for its labor, materials, or supplies
shall, within forty-five (45) days after beginning to furnish labor,
materials, or supplies for the prosecution of the work, furnish to
CONTRACTOR a notice that he intends to look to the bond for
protection.
CONSTRUCTION CONTRACT
12" \\'ater Main _li3rd Street
DATE: ] 0/23/06
CITY OF MIAMI BEACH
4
.0/31/2006 3:39 PM
786-394-4008 -> 19544260717
Page 8 of 10
FORM OF PAYMENT BOND
(Continued)
2.2. A claimant who is not in privity with CONTRACTOR and who has not
received payment for its labor, materials, or supplies shall, within ninety
(90) days after performance of the labor or after complete delivery of the
materials or supplies, deliver to CONTRACTOR and to the Surety,
written notice of the performance of the labor or delivery of the materials
or supplies and of the nonpayment.
2.3. No action for the labor, materials, or supplies may be instituted against
CONTRACTOR or the Surety unless the notices stated under the
preceding conditions (2.1) and (2.2) have been given.
2.4. Any action under this Bond must be instituted in accordance with the
Notice and Time Limitations provisions prescribed in Section 255.05(2),
Florida Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities
connected with the Contract or the changes does not affect the Surety's
obligation under this Bond.
Signed and sealed this 1st day of November
,20~.
CONTRACTOR
ATTESJ>"-
Ric-Man International, Inc.
By:
(Signature)
,.'
'Cry)
David Mancini, President
(Corporate Seal)
(Print Name and Title)
~ day of J\!o \{
I 20Qk..
CONSTRUCTION CONTRACT
12" Water Main - 63rd Street
DATE: ] U/23/U6
CITY OF MIAMI BEACH
5
,0/31/2006 3: 39 PM
786-394-4008 -) 19544260717
Page 9 of 10
IN THE PRESENCE OF:
f~
CONSTRUCTION CONTRACT
12" Water Main _ 63rd Street
DA TE ] 0/23/06
INSURANCE COMPANY:
Liberty Mutual Insurance Company
By:
~1~
Aaent and AttQrney-in-Fact
A:rlene TOUZl
Address: 2150 Butterfield Dr..
(Street)
Troy, MI 48084
(City/State/Zip Code)
Telephone No.: 248-643-7475
CITY OF MIAMI BEACH
6
O/31~2006 3:39 PM
786-394-4008 -) 19544260717
Page 10 of 10
00721. CERTIFICATE AS TO CORPORATE PRINCIPAL
I, l(.t..~L CC\.,~~ \ \D , certify that I am the
Secretary of the corporation named as Principal in the foregoing Performance and
Payment Bond (Performance Bond and Payment Bond); that
~~;~ Ha.r-'\c. \ n ~ , who signed the Bond(s) on behalf of the Principal, was
then P f'L'S." c!c..n+- of said corporation; that I know his/her signature; and his/her
signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and
attested to on behi of said corporation by authority of its governing body.
"--'.-. --"",-
(SEAL)
STATE OF FLORIDA
SS
COUNTY OF MIAMI-DADE
Before me, a Notary Public duly commissioned, qualified and acting personally,
appeared Arlene Touzi to me well known, who
being by me first duly sworn upon oath says that he/she has been authorized to
execute the foregoing Performance and Payment Bond (Performance Bond and
Payment Bond) on behalf of CONTRACTOR named therein in favor of CITY.
Subscribed
November
and Sworn to before me this
, 20..QL.
1st
day of
KAREN C BRODE
Notary Public. State of Michigan
County of oakl8~
My Commission Expires -d"-f:.",cf)-tJ1 ~
Acting In the county of 0 A-~
,1(tl/fe~c ~ it!ue~
Notary Public, State of
My commission expires:
Bonded
by
CONSTRUCTTOj'; CONTRACT
12" "'ater Main - 63rd Street
DA TE ] O/23/O'i
CITY OF MIAMI BEACH
7
/
Ric-Man International, Inc.
1210 Washington Avenue, Miami Beach 33139
PHONE: 305-535-1744 FAX: 305-5351745
INVOICE
JOB NAME: ~~_~~~_~_<?_~~!I_~_~!!'_~~R~~.C:y'~~_C!~~_I~ _____________._____ __ _m _ _ ____m __. __ _ ____ ____ m. r
CLIENT: City of Miami Beach .
.------------.-.-.------------------------------.-.-----------------------------------------.
ADDRESS: 1700 Convention Center Drive
-------------------------------------.------------.----.--------------..-.-.---------------..
PHONE: ~?~.-X9~9.m.. FAX: _m__________________ ATTN: .~~~_~~~c;>.Y.:~~_q~~~_____._.
We propose to perform the following work per the plans/drawings and specifications provided. Any exclusions
or conditions are listed below.
PROJECT DESCRIPTION: Re-mobilize to extend and connect water main to west side of Indian Creek Drive.
DATE
01/15/06
riiemf. -. -- --- --- .-m[)escriptio~mm-.-..----------..----. - ------ -aiYI" Unit- -. -... .P~ice--- - - - 'r- m -- -Totai- ----.-
1 : Mobilization 1: LS $ 28,000.00 $ 28,000.00
2jlnstall Approx. 90' of a" Dr W.M. (complete in place) 901 ft $ 320.00 $ 28,800.00
31Construction of Valve Box Concrete Cover 1: LS $ 1,225.00 $ 36,750.00
l(Night Time construction/MOT per FDOT) $ -
4;Cut and Abandon old 6" Water main $ -
51 Reconnect all Existing services $ -'
6:Remove and dispose of old F.H. $ -
7:Reconnect Fire Hydrant at Sewer Pump Station $ -
$ -
$ -
$ -
$ -
$ -
TOTAL: $ 93,550.00
1
2.
.
3:
. 3% Bond
.
1 5% profit
,
,
$
$
2,806.50
4,677.50
.
,
,
.
: GRAND TOTAL: $ 101,034.00
---------------------...-------.------.---.----------------------------------------.........................---..------.---.....
TERMS AND CONDITIONS:
Payments: Net 30 days from receipt of invoice. Retainage: 0.00%
Owner/rep shop drawing review time allowed: 10 days). T.. : M. O. T.: [] YES 0 NO
Performance Bond included: [2] YES 0 NO Survey layout and as-builts: 0 YES [2] NO
EXCLUSIONS: Permit Fees, and off-duty offices
COMMENTS:
7~~fn~~
02/21/2007
INVOICE FORM Phase II (final).xis
Page 1 of 1