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ITB 27-06/07 North Beach Recreational CorridorX007= 6 a79 g IP- '°7/4"1 I\VITATO\ TO BID FOR CONSTRUCTION SERVICES FOR THE NORTH BEACH RECREATIONAL CORRIDOR PHASE 1, 2 & 3 Miami Beach, Florida ITB # 27-06/07 BID OPENING: February 22, 2007 Gus Lopez, CPPO, Procurement Director PROCUREMENT DIVISION 1700 Convention Center Drive, Miami Beach, FL 33139 www.miamibeachfl.gov F:\PURC\$ALL\Roman\bids\07\ITB-27-06-07\ITB-27-06-07.doc BID NO. 27-06/07 CITY OF MIAMI BEACH MIAMIBEACH CITY CLERJ( COMMISSION ITEM SUMMARY Condensed Title: Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Approving the Negotiated Contract with Horizon Contractors Inc., for the Construction of the North Beach Recreational Corridor in the Estimated Amount of $6,299,754.92; and Authorizing the City Manager to Negotiate and Execute any Deductive Change Order to the Original Base Bid, Allowing the City Manager to Accept Potential Developer In-kind and/or Funding Contributions for the Proiect. Key Intended Outcome Supported: To Ensure Well Designed Quality Capital Projects Supporting Data (Surveys, Environmental Scan, etc.): Environmental Scan: The availability of pedestrian trails and bicycle paths/lanes in North Beach was rated Poor by 33% of respondents and Fair by another 40%. Issue: Shall the Mayor and City Commission approve the Resolution? Item Summary/Recommendation: The North Beach Recreational Corridor (NBRC) Project consists of the construction of an on -grade concrete pedestrian walkway encompassing 15 city blocks in the northern coastal area of Miami Beach. The path is approximately 5,800 feet and will run between 63rd Street and 79`h Street, encompassing three (3) City parks and the Ocean Terrace Business District. The path, designed with colored concrete in a swirl pattern, ranges in width between 10 -feet to 15 -feet, and meanders along the west side of the coastal dunes behind oceanfront properties. The path was permitted in accordance with the Florida Department of Environmental Protection (FDEP) coastal construction regulations. Exotic dune vegetation will be removed and replaced with dune enhancements such as native dune vegetation species and beach compatible dune fill and irrigation systems will be provided for the landscaping. Path lighting meets FDEP's marine turtle nesting requirements. On March 14, 2007, the City Commission approved the technical review panel's recommendation to authorize the Administration to enter into negotiations with the top ranked firm Horizon Contractors, Inc. Between April 11th and June 14th, 2007, City Staff, consultants Coastal Systems International, and Horizon negotiated the bid price by identifying areas in the bid that could be reduced without impacting the integrity of the design and introducing Value Engineering options. The original bid of $7,552,615 was negotiated down $1,529,287.88 or 20%. In order to expedite the project this item is being presented to Commission before all of the extemal funding sources have been finalized. Two federal funding sources still need a few months of processing before they are finalized, but approval is expected. In the event approvals are not granted the matter might have to be returned for further Commission action or funding approval. The Administration recommends the Mayor and City Commission approve a contract with Horizon Contractors Inc. for the construction of the North Beach Recreational Corridor for the Negotiated Bid Lump Sum for a price of $6,299,754.92; and authorize the City Manager to negotiate and execute any deductive changes orders to the original negotiated based bid, allowing the City Manager to accept potential developer in-kind and/or funding contributions for the project. APPROVE THE ADMINISTRATION'S RECOMMENDATION Financial Information: Source of Funds: )2BPI Financial Impact Summary: $500,000 $2,000,000 3 $906,300 I,: $3,406,300 [Irv. City Clerk's Office Legislative Tracking: Fernando A. Vazquez, P.E.; Ext 6399 Si n Offs '!if'-' e t Director FB 199 Special Revenue Grant Funded Capital Reserve T:(AGENDA\2007\sep05071Regular\NBRCsummary doc CA MIAMIBEACH 581 AGENDA ITEM DATE m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor David Dermer and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: September 5, 2007 SUBJECT: RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE NEGOTIATED CONTRACT WITH HORIZON CONTRACTORS INC., FOR THE CONSTRUCTION OF THE NORTH BEACH RECREATIONAL CORRIDOR IN THE ESTIMATED AMOUNT OF $6,299,754.92; AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY DEDUCTIVE CHANGE ORDERTOTHE ORIGINAL BASE BID, ALLOWING THE CITY MANAGER TO ACCEPT DEVELOPER IN-KIND AND/OR FUNDING CONTRIBUTIONS FOR THE PROJECT; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE CONTRACT AS FORM APPROVED BY THE CITY ATTORNEY'S OFFICE. ANALYSIS The City of Miami Beach is developing a series of bicycle/pedestrian/greenway projects made up of two main trail systems; the Beach Corridors, which extend in a northbound/southbound direction, running between the erosion control line and the dune system; and the Neighborhood Trails, which extend in an east -west as well as north -south directions through the south, middle, and north beach neighborhoods. Individual projects will be constructed to create a continuous trail network allowing for altemative transportation and community enhancement. The North Beach Recreational Corridor Project (NBRC) will create a multi-purpose public access corridor, within a public easement, which traverses along the western edge (upland side) of the sand dunes. The NBRC will be located in the North Beach District of the City of Miami Beach (City), and it will run immediately east of the oceanfront properties. The NBRC will energize the coastal development areas between 64th Street and 79th Street in the City. NBRC is a natural progression of pathways and parks for the City based on the success of Lummus Park at South Beach, the boardwalk from 47th to 22nd, and the newly constructed "Beachwalk" project extending from 14th to 21st Street. The NBRC will also connect laterally to planned greenways along Indian Creek to promote altemative transportation via bicycling or walking. The project incorporates 15 blocks of existing neighborhoods and business areas. This corridor will serve as a connection to businesses, residential areas, schools, parks, and beaches. RFQ No.20 00/01 was issued for the design, permitting and construction management of the NBRC. Resolution No. 2001-24538 approved Coastal Systems International as the Engineer of Record for the project. On January 25, 2007, the City's Procurement Division issued 582 Invitation to Bid (ITB) No. 27-06/07 for the NBRC Phase 1, 2 & 3. The purpose of this ITB was to obtain bids from qualified General Contractors to provide all labor, material, equipment, supervision, mobilization, demobilization, survey, overhead and profit, bonds, insurance, permits and taxes to complete the work to the full intent as shown or indicated in/on the Bid Documents. A non -mandatory Pre -Bid meeting was held on February 7, 2007 at the City of Miami Beach City Hall. Prospective bidders were provided information as to the Scope of Work, the Evaluation Criteria, Best Value Procurement Process, and of all required documentation to be submitted with their bid. RFP Depot issued bid notices to1549 prospective bidders, resulting in 85 bidders requesting the ITB documents. Additionally, the bid was also provided to prospective bidders by BidNet, which issued bid notices to 148 prospective bidders, resulting in 22 bidders requesting the ITB document. Both bid notification systems resulted in the receipt of two (2) qualified bids from the following contractors: • F&L Construction, Inc.: $5,390,000 • Horizon Contractors, Inc.: $7,552,615 The Public Works Department provided a recommendation of Technical Review Panel members which were approved by the City Manager's Office, consisting of the following individuals: • Jordanna Rubin, Environmental Division, Public Works (Chair) • Lisa Botero, Environmental Division, Public Works • Maria Echeverry, Transportation Division, Public Works • Daniel Veitia, President of the North Beach Development • Barry Klein, North Beach Resident • Leonor Hernandez, North Beach Resident • Joyce Meyers, Planning Department On March 14, 2007, the City Commission approved the technical review panel's recommendation to authorize the Administration to enter into negotiations with the top ranked firm Horizon Contractors, Inc. On April 11th, City staff met with Horizon and the Consultant to discuss the bid and begin negotiations. Between April 11th and June 14th, 2007, City Staff, consultants Coastal Systems International, and Horizon Contractors, Inc. negotiated the bid price by identifying areas in the bid that could be reduced without impacting the integrity of the design and by introducing Value Engineering options. Below is the lowest alternative bid submitted to the City on June 14th, 2007 by Horizon Contractors Inc.: Negotiated Bid Lump Sum: $6.299,754.92 • $1,252,860.08 lower than original bid • Cost savings attributed to: o Negotiations between Horizon Contractors, Inc. and its subcontractors. o Horizon Contractors, Inc. lowering allocated overhead costs to the project. o Modifications made to the plans/specifications with respect to the hot weather placement of concrete. o The City of Miami Beach allowing the use of the stockpiled sand as fill needed within the project. o The City of Miami Beach changing the specified bronze medallions to a 583 pavers design which satisfied same purpose. o The assurance by the engineer that no additional aggregate needs to be added to obtain specified bearing on the cement stabilized base. o The assurance by the engineer that 10% cement content by volume would achieve the specified bearing on the cement stabilized base. The following is a breakdown of the funding summary available in the capital budget and 5 - year capital improvement plan for the North Beach Recreational Corridor: Cost Category Architect / Engineering TEP Construction Fund 199 Construction Fund 303 Construction Fund 383 Construction TEP Construction Fund Contingencies Fund Contingency TEP TOTAL TOTAL Prior Year Appropriation $123,696.00 $97,936.00 $574,493.00 $670,000.00 $1,454,061.00 $0.00 $0.00 $162,970.00 $3,083,156.00 2007/08 Appropriation $0.00 $500,000.00 $2,000,000.00 $0.00 $0.00 $479,295.00 $427,005.00 $0.00 $3,406,300.00 $6,489,456.00 In order to expedite this project, the item is being presented pending the formal approval of some funding sources. The funding indicated as Construction Fund 303 is a federal funding allocation that is contingent upon some processing approvals that are expected to be provided in the next few months. While the approvals are anticipated, in the event that these funds are not formally approved the matter might have to be returned to the City Commission for further action or funding approval from other sources. The negotiated bid lump sum of $6, 299, 754.92 is fully funded with existing and FY 07/08 funding sources listed above. The above amount fully utilizes available funds for contract work without providing for a contingency; however, the administration believes additional funding will be available either from developer funding/contributions and/ or federal funding sources to address project contingencies. CONCLUSION The Administration recommends the Mayor and City Commission approve a contract with Horizon Contractors Inc. for the construction of the North Beach Recreational Corridor for the Negotiated Bid Lump Sum, fora final estimated contract price of $6,299,754.92, further authorizing the City Manager to negotiate and execute any deductive changes orders to the original negotiated based bid, allowing the City Manager to accept developer in-kind and/or funding contributions for the project. 584 COMMISSION ITEM SUMMARY Condensed Title: Pursuant to Invitation to Bid (ITB) for the North Beach Recreational authorize the Administration to enter into negotiations with the top ranked contractor, Horizon Contractors, Inc.; and if unsuccessful with negotiations with Horizon Contractors , Inc. , further authorizing negotiations with the second ranked contractor F&L Construction, Inc. Key Intended Outcome Supported: 1 To ensure well designed duality Capital Projects Issue: Shall the City Commission authorize negotiations with top and second ranked contractors? Item Summary/Recommendation: On February 27, 2007 the City received bids for the North Beach Recreational Corridor (NBRC) Project. NBRC consists of the construction of an on -grade concrete pedestrian walkway encompassing 15 city blocks in the northern coastal area of Miami Beach. The path is approximately 5,800 feet long, and extends between 63rd Street and 79th Streets encompassing 3 City parks and the Ocean Terrace Business District. The path width ranges between 10 -feet and 15 -feet wide, and the path meanders along the west side of the coastal dunes behind oceanfront properties. Street end connections have been designed with a pattem of pavers with medallions to indicate street numbers. The path will be constructed with colored concrete in a swirl pattern, and saw -cut joints will be required at established intervals to meet the architectural requirements of the project. The path base will be constructed of cement -stabilized sand. The path was designed and permitted in strict accordance with the Florida Department of Environmental Protection (DEP) coastal construction control line requirements. Dune exotic vegetation will be removed and dune enhancements constructed including the placement of beach compatible dune fill and native species dune landscaping. Temporary and permanent irrigation systems will be provided for the landscaping. Path lighting has been designed, and the lighting meets the marine turtle nesting requirements of the DEP. Two qualified bids were received for the NBRC, Horizon Contractors, Inc. and F&L Construction, Inc. The bidder Technical Review Panel voted 4 to 1 to ranking Horizon Contractors, Inc. No. 1 and provided the following recommendation to the City Manager: 1st Ranked — Horizon Contractors, Inc. bid amount $7,552,615. 2nd Ranked — F&L Construction, Inc. bid amount $5,390,000. Both bids exceed available funding. The low bid price by F&L is comparable to that paid for the Beachwalk. It is intended that upon authorization the Administration will attempt to negotiate downward the recommended bidders prices to be at or close to the lower bid amount. The Administration recommends negotiations with Horizon Contractors, Inc. and if unsuccessful, to negotiate with the second ranked contractor F&L Construction, Inc. Approve the City Manager's Recommendation Advisory Board Recommendation: N/A Financial Information: Source of Funds: OBPI Financial Impact Summary: City Clerk's Office Legislative Tracking: Gus Lopez, ext 6641 GL FB BM ¢ MIAMIBEACH 3 101 JMG 1 v AGENDA ITEM CcaA DATE 3 CA- M!AMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochfi.gov TO: FROM: Jorge M. Gonzalez, City Manager DATE: March 14, 2007 SUBJECT: COMMISSION MEMORANDUM Mayor David Dermer and Members of the City Commission REQUEST FOR APPROVAL, PURSUANT TO INVITATION TO BID (ITB) NO. 27- 06/07, FOR CONSTRUCTION SERVICES FOR THE NORTH BEACH RECREATIONAL CORRIDOR PHASES 1, 2 & 3 AUTHORIZE THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE TOP RANKED CONTRACTOR HORIZON CONTRACTORS, INC.; AND SHOULD THE ADMINISTRATION NOT BE ABLE TO SUCCESSFULLY NEGOTIATE AN AGREEMENT WITH HORIZON CONTRACTORS, INC, AUTHORIZE THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE SECOND RANKED CONTRACTOR F&L CONSTRUCTION, INC. ADMINISTRATION RECOMMENDATION Authorize negotiations with top and second ranked contractors. FUNDING TEP Funds (64 -75th) $ 841,000.00 TEP Funds (75th -80th) $ 900,000.00 HUD EDI #1 $ 231,250.00 HUD EDI #2 $ 128,716.00 HUD EDI #3 $ 214,527.00 ADA Grant $ 108,902.00 GO Bond (NBRC) $ 500,000.00 GO Bond (Allison Park) $ 170,000.00 Total: $ 3,094,395.00 ANALYSIS The City of Miami Beach is developing a series of bicycle/pedestrian/greenway projects made up of two main trail systems; the Beach Corridors, which extend in a northbound/southbound direction, running between the erosion control line and the dune system; and the Neighborhood Trails, which extend in an east -west as well as north -south directions through the south, middle, and north beach neighborhoods. Individual projects will be constructed to create a continuous trail network allowing for alternative transportation and community enhancement. The North Beach Recreational Corridor Project (NBRC) will create a multi-purpose public access corridor, within a public easement, which traverses along the western edge (upland side) of the sand dunes. The NBRC will be located in the North Beach District of the City of 4 Commission Memorandum Invitation to Bid (ITB) No. 27-06/07 for Construction Services for the North Beach Recreational Corridor Phase 1, 2 & 3 March 14, 2007 Page 2 of 5 Miami Beach (City), and it will run immediately east of the oceanfront properties. The NBRC will energize the coastal development areas between 64th Street and 79th Street in the City. NBRC is a natural progression of pathways and parks for the City based on the success of Lummus Park at South Beach, the boardwalk from 47th to 22nd, and the newly constructed "Beachwalk" project extending to from 14th to 21st Street. The NBRC will also connect laterally to planned greenways along Indian Creek to promote alternative transportation via bicycling or walking. The project incorporates 15 blocks of existing neighborhoods and business areas. This corridor will serve as a connection to businesses, residential areas, schools, parks, and beaches. RFQ No.20 00/01 was issued for the design, permitting and construction management of the NBRC. Resolution No. 2001-24538 approved Coastal Systems International as the Engineer of Record for the project. SCOPE OF SERVICES The North Beach Recreational Corridor (NBRC) Project consists of the construction of an on -grade concrete pedestrian walkway encompassing 15 city blocks in the northern coastal area of Miami Beach. The path is approximately 5,800 feet long, and extends between 63rd Street and 79th Streets encompassing 3 City parks and the Ocean Terrace Business District. The path width ranges between 10 -feet and 15 -feet wide, and the path meanders along the west side of the coastal dunes behind oceanfront properties. Street end connections have been designed with a pattern of pavers with medallions to indicate street numbers. The path will be constructed with colored concrete in a swirl pattern, and saw -cut joints will be required at established intervals to meet the architectural requirements of the project. The path base will be constructed of cement -stabilized sand. The path was designed and permitted in strict accordance with the Florida Department of Environmental Protection (DEP) coastal construction control line requirements. Dune exotic vegetation will be removed and dune enhancements constructed including the placement of beach compatible dune fill and native species dune landscaping. Temporary and permanent irrigation systems will be provided for the landscaping. Path lighting has been designed, and the lighting meets the marine turtle nesting requirements of the DEP. ITB PROCESS AND CONTRACTOR EVALUATION On January 25, 2007, the City's Procurement Division issued Invitation to Bid (ITB) No. 27- 06/07 for the North Beach Recreational Corridor Phase 1, 2 & 3. The purpose of this ITB is to obtain bids from qualified General Contractors to provide all labor, material, equipment, supervision, mobilization, demobilization, survey, overhead and profit, bonds, insurance, permits and taxes to complete the work to the full intent as shown or indicated in/on the Bid Documents. A non -mandatory Pre -Bid meeting was held on February 7, 2007 at the City of Miami Beach City Hall. Prospective bidders were provided information as to the Scope of Work, the Evaluation Criteria, Best Value Procurement Process, and of all required documentation to be submitted with their bid. RFP Depot issued bid notices to1549 prospective bidders, resulting in 85 bidders requesting the ITB documents. Additionally, the bid was also provided to prospective bidders by BidNet, which issued bid notices to 148 prospective bidders, resulting in 22 bidders requesting the ITB document. Both bid notification systems resulted in the receipt of 3 bids from the 5 Commission Memorandum Invitation to Bid (ITB) No. 27-06/07 for Construction Services for the North Beach Recreational Corridor Phase 1,2&3 March 14, 2007 Page 3of5 following Contractors: • ABC Construction, Inc. • F&L Construction, Inc. • Horizon Contractors, Inc. The City's Procurement Division in coordination with the City Attorneys office determined that ABC Construction, Inc. was non-responsive to the bid requirements, specifically meeting the "Minimum Requirement" which stated: Bidder (Business Entity) must be licensed as a General Contractor in the state of Florida with a minimum of five (5) years experience as a General Contractor. Bidder to provide a minimum of three (3) sample projects completed within the past ten (10) years, with a minimum of three (3) million dollars in construction cost. ABC Construction, Inc. was unable to provide sample projects which met the "Minimum Requirement" and for this reason they were non-responsive to the bid and would receive no further consideration. The Public Works Department provided a recommendation of Technical Review Panel members which was approved by the City Manager's Office, consisting of the following individuals: • Jordanna Rubin, Environmental Division, Public Works (Chair) • Lisa Botero, Environmental Division, Public Works • Maria Echeverry, Transportation Division, Public Works • Daniel Veitia, President of the North Beach Development • Barry Klein, North Beach Resident • Leonor Hernandez, North Beach Resident • Joyce Meyers, Planning Department On March 5, 2007, the Technical Review Panel convened, Maria Echeverry was not able to attend the meeting but all other Panel members were present. The Panel was provided Scope of Work information Timothy Blankenship of Coastal Systems International (the "Consultant"). Procurement Division provided past performance evaluation surveys on the two (2) bidders and Ms. Sarah Goodridge, PhD student, Florida International University provided insight on "Best Value Procurement". The Panel also discussed the Evaluation Criteria, which was used to evaluate and rank the Bidders. The Evaluation Criteria was articulated in detail in the Bid Document as well other Addenda issued by the City's Procurement Division. TECHNICAL REVIEW PANEL EVALUATION/SELECTION PROCESS The evaluation process used by the City for this bid is one of "Best Value Procurement", meaning that the City will, in addition to price, will consider past performance on previous contracts, Risk Assessment Plans for this ITB, Qualifications of Personnel proposed, presentation and interview of Contractor's personnel. The Technical Review Panel utilized a three-phase evaluation and ranking process. The first phase consisted of the Risk Assessment Pian and the Past Performance. The second phase consisted of presentation and interview of the bidders, and the third Phase was the ranking of the bid prices submitted. 6 Commission Memorandum Invitation to Bid (ITB) No. 27-06/07 for Construction Services for the North Beach Recreational Corridor Phase 1,2&3 March 14, 2007 Page 4 of 5 The following Criteria and respective points were used by the Technical Review Panel in the Ranking of both bidders: Phase 1: Qualifications and Experience (20 points) Risk Assessment Plan. (15 points) Past Performance based on number and quality of the Performance Surveys. (15 Points) Phase 2: Interview of Key Personnel. (30 Points) Phase 3: Bid Price. (20 Points) 100 Points Total All members were able to rank both company's on Phase 1. During Phase 2 all Panel members were able to listen to presentation from both bidders and were able to ask questions as to experience, past performance, risk assessments and vision for the project at hand. At the conclusion of the meeting the Technical Review Panel provided the final ranking of bidders pursuant ITB -21-06/07: 1. Jordanna Rubin 2. Lisa Botero 3. Joyce Meyers 4. Daniel Veitia 5. Barry Kline 6. Leonor Hernandez F& L Construction Horizon Contractors 18 F& L Construction 18 Horizon Contractors 16 F& L Construction 13 Horizon Contractors 15 F& L Construction 12 Horizon Contractor's 18 F& L Construction 12 Horizon Contractors 16 F& L Construction 13 Horizon Contractors " 19 FINAL SCORES Q&E RAP PPI INT BID TOTAL 14 4 13 12.91 17 60.9 13 14 . 18.92 1 16 79.9 X 2.5 13 18.32 17 68.8 12.25 12 22.52 15 77.74 1 X 3.2 13 21 15 66.2 I.X 11.7 1 14 1 22 0 I 62.7 .8 8 1 15.62 I 16 52.4 12,8' t :12' 1 22.2211Z5: 77!.i.5' I,X 2.5 I 8 18.92 1 20 1 61.42 9.5 I ' .' 20.12 16 I 69.6 X 4.5 I 14 16.82 1 18 66.3 11.74 1 14 ' 24.92 10 79.6 X The Technical Review Panel voted 4 to 1 to ranking Horizon Contractors, Inc. No. 1 and provided the following recommendation to the City Manager: 1st Ranked - Horizon Contractors, Inc. bid amount $7,552,615 2"d Ranked - F&L Construction, Inc. bid amount $5,390,000 Although Horizon Contractors, Inc. is the high bid, the Panel was concerned that F&L Construction, Inc. did not provide any vision for this project and due to this provided a poor Risk Assessment for the project. It was evident to the Panel that Horizon Contractors had prepared for all the facets of the selection process and that they had a good grasp of the project's tasks and any Risk associated with the work. 7 Commission Memorandum Invitation to Bid (ITB) No. 27-06/07 for Construction Services for the North Beach Recreational Corridor Phase 1,2 &3 March 14, 2007 Page 5 of 5 It was the recommendation of the Panel that that City should attempt to negotiate with Horizon Contractors, Inc. and if unsuccessful in negotiations, then try to negotiate with F & L Construction, Inc. Both bid prices exceed the amount of available funding for the project. The low bid price for the North Beach Recreational Corridor compares favorably with the 2002 construction cost for the Beachwalk. The cost of the Beachwalk was approximately $62 per square foot. The low bid amount for the NBRC is approximately $55 per square foot. The cost of the Beachwalk was slightly higher per square foot as a result of the construction materials used. The Beachwalk was constructed of pavers, while the NBRC will be constructed of concrete. To the extent that the Horizon price can be negotiated downward closer to the F&L price, the project becomes more feasible to be able to undertake. REFERENCES: Steven Moore, PE FDOT, State Road 5 Biscayne Boulevard (from NE 105th Street to NE 123rd Street) "I would highly recommend this contractor." Fred Martinez City of Hialeah, Reconstruction of ROW at East 26-31 Street from East 46th Avenue "Horizon Contractors has performed with professionalism for 10 years for the City of Hialeah." Hiep Huynh, Project Manager City of North Miami Beach, Washington Park Roadway Improvements "Has ability to manage and maintain project schedule." CONCLUSION Pursuant to Invitation to Bid (ITB) No. 27-06/07 for the North Beach Recreational Corridor authorize the Administration to enter into negotiations with the top ranked contractor of Horizon Contractors, Inc.; should the Administration not be able to successfully negotiate with Horizon Contractors, Inc., authorize the Administration to enter into negotiations with the second ranked contractor F & L Construction, Inc. It is the intent during negotiations to reduce the overall contract price to or close to the amount of the lower bid total. To the extent that the negotiations are successful additional funding will still need to be identified to proceed. If the negotiations are unsuccessful, there is a possibility that the project may have to be re -bid, value engineered to a lesser amount and scope or delayed until other grant sources can be identified. Upon completion of negotiations, the Administration will submit the negotiated contract for City Commission approval and at the same time identify and request the appropriation of any supplemental funding necessary to award the contract. If negotiations are not successful the Administration will report back to the City Commission with options on how best to proceed. (T:IAGEN DA120071mar14071Regu Iar11TB-27-06-07NBRCMEMO.doc 8 Thursday, June 14, 2007 City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Attn: Ms. Lisa Botero Acting Environmental Director Re: North Beach Corridor — Phase 1, 2 & 3 ITB No.: 27-06/07 Horizon Bid No.: 2007-10 LET # 2007-10-1 Negotiated Bid Pricing Ms. Botero, 8175 West 32nd Avenue, Suiten I , Hialeah, Florida 33018 Phone: (305) 828-2050 Fax: (305) 820-0905 Transmitted Via Email to lbotero@miamibeachfl.gov As discussed last week, please find attached three (3) PDF files containing the schedule of values for the below referenced pricing. As requested, here are the Lump Sum proposals for the North Beach Corridor Project. : • Negotiated Bid Lump Sum $ 6,299,754.92 o This is a total cost saving of $1,252,860.08 to the City of Miami Beach from our original bid. These cost saving are attributed to the following: • Negotiations made between Horizon Contractors, Inc. and its subcontractors. • Horizon Contractors, Inc. lowering allocated overhead costs to the project. • Modifications made to the plans/specifications with respect to the hot weather placement of concrete. • The City of Miami Beach allowing the use of the stockpiled sand, at the north end of the project, as the fill needed within the project. • The City of Miami Beach changing the specified bronze medallions to a pavers design which satisfies the same purpose. • The assurance by the engineer that no additional aggregate needs to be added to obtain the specified bearing on the cement stabilized base. • The assurance by the engineer that 10% cement content by volume would achieve the specified bearing on the cement stabilized base • Negotiated Bid (including VE 1) Lump Sum $ 5,867,643.85 o This is a total cost saving of $1,684,971.15 to the City of Miami Beach from our original bid. These cost saving are attributed to the following: • All reasons included in the aforementioned. • Value Engineering 1 — The substitution of the 9" Cement Stabilized base with the 12" Shell Rock Stabilized base (12" stabilized base must obtain a LBR 40). • Negotiated Bid (including VE 1 & VE 2) Lump Sum $ 5,591,216.05 o This is a total cost saving of $1,961,398.95 to the City of Miami Beach from our original bid. These cost saving are attributed to the following: ■ All reasons included in the aforementioned. • Value Engineering 2 — The substitution of the two (2) color swirl with one (1) color in the proposed concrete walkway. The is a significant reduction in labor and pump cost. Please note that all pricing is valid to October 31, 2007. If there are any questions, please do not hesitate in contacting me at our office or on nay cell phone (305-216-8406). Sincerely, Horizon Contr o Inc. J • ,v, San VI e President Cc: Bid File, Timothy Blankenship(blankenship@coastalsystemsint.com) Canyon Ranch Credit Begin Station: 35+00. End Station: 44+00. Cement Stabilized Base 1700.00 SY @ $ 77.77 = $ 132,209.00 Color Concrete Pavement 1500.00 SY @ $ 113.61 = $ 170,415.00 Clearing and Grubbing 0.11 LS @ $ 136,962.59 = $ 15,408.29 Earthworks 0.11 LS @ $ 273,925.08 = $ 30,816.57 Surveying 0.11 LS @ $ 194,805.23 = $ 21,915.59 Pavers 39.00 SY @ $ 90.47 = $ 3,528.33 8" x 8" Reinforced Curb 75.00 LF @ $ 45.97 = $ 3,447.75 Total Credit Due $ 377,740.53 ,77 :$ r F 5- 1 a a 311101HOS A2AVNIVVI1A&J Thursday, October 11, 2007 City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Attn: Ms. Lisa Botero Acting Environmental Director Re: North Beach Corridor — Phase 1, 2 & 3 ITB No.: 27-06/07 Horizon Bid No.: 2007-10 LET # 2007-10-3 Negotiated Bid Pricing Ms. Botero, 8175 West 32nd Avenue, Suite #1, Hialeah, Florida 33018 Phone: {305)828-2050 Fax: (305) 820-0905 Transmitted Via Email to lbotero@miamibeachfl.gov As per our phone conversation and your email dated October 10, 2007 @ 5:17PM, please find below the estimated credit, to the contract, for work that the Canyon Ranch Development shall self perform. The scope of work self performed by the Canyon Ranch Development is detailed on the attached breakdown. Estimated Credit to Contract $377,740.53 This estimated credit is based on the approximate locations of the property lines encompassing the Canyon Ranch Development. PLEASE BE ADVISED THAT THE ACTUAL PROPERTY LINE LOCATION MUST BE LAYED OUT BY A PROFESSIONAL LAND SURVEYOR IN ORDER TO DETERMINE THE EXACT CREDIT DUE. Without actually surveying the property line in the field, it becomes difficult to estimate its exact location. (Estimated property line stationing: 35+00 to 44+00; Estimated property frontage: 900LF) If there are any questions, please do not hesitate in contacting me at our office or on my cell phone (305-216-8406). Sincerely, Horizon Contra .lo y Sanchez Vice President 3nc. Cc: Bid File, Timothy Blankenship (Blankenship(a..coastalsystetnsint.com) Canyon Ranch Credit Begin Station: 35+00. End Station: 44+00. Cement Stabilized Base 1700.00 SY @ $ 77.77 = $ 132,209.00 Color Concrete Pavement 1500.00 SY @ $ 113.61 = $ 170,415.00 Clearing and Grubbing 0.11 LS @ $ 136,962.59 = $ 15,408.29 Earthworks 0.11 LS @ $ 273,925.08 = $ 30,816.57 Surveying 0.11 LS @ $ 194,805.23 = $ 21,915.59 Pavers 39.00 SY @ $ 90.47 = $ 3,528.33 8" x 8" Reinforced Curb 75.00 LF @ $ 45.97 = $ 3,447.75 Total Credit Due $ 377,740.53 SCHEDULE OF VALUES Bid Item Description Bid Quantity Units Extended Total General Work 5 Bond and Insurance 1 LS $ 54,384.08 10 Clearing and Grubbing 1 LS $ 136,962.54 15 Earthworks Operations 1 LS $ 273,925.08 20 9" Cement Stabilized Base 10651 SY $ 828,328.27 25 Compacted Shell Rock - Beach Access 3477 SY $ 122,807.64 30 Surveying 1 LS $ 194,805.23 35 5" Concrete Path (2 Color - Off-White/Peach) 9105 SY $ 1,034,419.05 40 Reinforced Concrete (Foundations) 15 CY $ 23,844.15 45 8" x 8" Concrete Curb w/ Reinforcement 588 LF $ 27,030.36 50 4" x 8" Concrete Pavers 309 SY $ 27,955.23 General Work Sub -Total $ 2,724,461.63 Miscellaneous Work 55 Masonry Work (incl. Keystone, Rock, etc.) 1 LS $ 60 Water Fountain 1 LS $ 65 Column Shower (inc. Exfiltration Drain) 1 LS $ 70 Drainage Basin 1 LS $ 75 Medallion Substitue (Paver) 1 LS $ Miscellaneous Work Sub -Total $ 28,051.96 2,001.04 7,527.24 13,129.91 38,961.05 89,671.20 Electrical Work 85 Lighthouse Bollard 246 EA $ 929,688.12 90 Service Rack 5 EA $ 101,298.70 95 Conduit (F&I) (PVC SCH 40) (2") 7840 LF $ 198,508.80 100 Conduit (F&I) (DRIECTIONAL BORE) (2") 716 LF $ 66,953.16 105 Conduit (F&1) (PVC SCH 40) (1") 1800 LF $ 40,680.00 110 Conductors (F&I) (NO. 6) or (NO. 10) 23113 LF $ 72,112.56 115 Pull Box (F&1) 246 EA $ 153,351.48 Electrical Work Sub -Total $ 1,562,592.82 Landscaping Work 130 Thrinax Palms 135 Coconut Palm (4' GW) 140 Coconut Palm (6' GW) 145 Coconut Palm (8' GW) 150 Gumbo Limbo 155 Seagrape (7 GAL) 160 Sea Oats 165 St. Augustine'Floratam' 170 Tree & Palm Anchoring 175 3" Top Soil (Sod Area) 180 2" Melaleuca Mulch 185 Sea Grape - Multi Trunk 190 Silver Buttonwood - Multi Trunk 195 Florida Silver Palm 200 Cabbage Palm 12 EA $ 17,392.20 10 EA $ 13,714.30 10 EA $ 16,348.10 13 EA $ 27,999.01 10 EA $ 3,226.00 143 EA $ 7,577.57 73668 SF $ 201,113.64 4550 SF $ 2,957.50 55 EA $ 11,571.45 43 CY $ 3,886.77 18 CY $ 981.90 31 EA $ 13,865.37 65 EA $ 27,249.30 67 EA $ 100,447.74 58 EA $ 17,173.80 205 Washington Palm 210 Red Tip Cocoplum 215 Silver Buttonwood 220 Indian Hawthorne 225 Saw Palmetto 230 Blanket Flower 235 Beach Sunflower 240 Key Spider Lily 245 Railroad Vine 250 Sallmeadows Cordgrass 255 Bay Cedar Fencing Work 270 Post and Rope Fence 275 Sand Dune Fence Irrigation Work 290 Spray Heads 295 Bubblers 300 Rotor Heads 305 Laterals 310 1" Valves 315 1.5" Valves 320 2" Valves 325 Quick Couplers 330 Mainline 335 Sleeves 340 Control Wire 345 lrrinet Controller 350 Scorpio Controller 355 Booster Pump 360 1.5" Gate Valves 365 2" Gate Valves 370 4" Gate Valves 375 2" PVB 380 3" PVB 385 1.5" Conduit 390 2" Hydro Meter 4 EA $ 5,604.16 1360 EA $ 19,611.20 1301 EA $ 18,760.42 3560 EA $ 61,018.40 3801 EA $ 136,227.84 5102 EA $ 14,336.62 12811 EA $ 27,927.98 1870 EA $ 10,640.30 5028 EA $ 14,882.88 68449 EA $ 208,084.96 10566 EA $ 259,395.30 Landscaping Work Sub -Total $ 1,241,994.71 8983 LF $ 69,438.59 6066 LF $ 47,072.16 Fencing Work Sub -Total $ 116,510.75 689 EA $ 28,028.52 171 EA $ 5,263.38 699 EA $ 53,648.25 34217 LF $ 143,027.06 2 EA $ 576.62 6 EA $ 1,870.14 61 EA $ 21,389.65 31 EA $ 7,246.87 6010 LF $ 56,193.50 470 LF $ 9,155.60 190270 LF $ 104,648.50 1 EA $ 38,571.43 2 EA $ 20,131.80 1 EA $ 36,857.15 1 EA $ 179.22 1 EA $ 194.81 7 EA $ 2,018.17 1 EA $ 1,168.81 1 EA $ 5,688.31 6010 EA $ 25,782.90 1 EA $ 2,883.12 Irrigation Subtotal Sub -Total $ 564,523.81 Total Negotiated Bid Lump Sum $ 6,299,754.92 1I n il r m r n_ r m If ng) gn ; nr° nnn m nn m ; r.1). i 00 00 0o ry o .; ?yyo �0'00o yoocx sg f �woo�>> n'oo F3 New(, 0r_. 1. c4,.. n a2,,vty'❑ u,''2, fig. y < r v B °' a =n o g 0 A5'or2g eg °d 0 mwgac22 _ F �i,No Bu000'^ o ro 'V m.�» .�. a `o Hn. 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O 0 0 0 0 0 00O ... 0 0 00000 0000 O 00000 0000 00 000 0000 0000000 000000000 00 Ono 00 O 00 00 00 W o0 W oo 00 0 o0 00 0o O 00 00 co o0 oo 00 oo o0 00 0o oo oo 00 DD CO CO 00 CO 00 T' 8 .3U1'SWBISAS eleAew}l (0) 0 0 . g T X 3 3 �..� . g0 Jr A, O 00 0 5,5 00 0 0 0 F R- • .3.. b (� ti t 5' o° 0 0° D z a. s 2 0 t 2 a C. 1 as a c 7-4c 0 0' o' 00 J0 0 7 O o a ro q up 5 0 y a Op Op to A W 00 A U N N to �D �O 1;: O,, co oo A 4- S N 0 6 0 0 6 6 6 0 0 0 0 6 0 0 0 0 0 0 0CL 00.6 0 '0 'O 'O 'O 'O 'O 'O 'O 'O W V C '0 b J J Si 0 0 0 0 0 0 0 0 0- A J W 0 0 . 0 0 0 0 0 co Oo 00 00 00 00 op ao 00 0 O 00 O 00 O O 000 \1000 poo a0 0023 00 00 00 �O �O �O 1:2; '0 .O ,O VO '0 00 V �O •• ••• •- •+ �O 00 J in w NN AW;75 ,A i"-3 4t. O 'A ' O O LA LA O LA N O 00 t n N N N N N 00'—' 00000000.000 0000000000 Ov 00 00000 :'-;.;-.3..: 00 00 OD 00 00 00 00 O Oo O O O 0 O 0 00 a0 J 00 00 00 00 00 00 0 0 0 D North Beach Recreational Corridor Phase 1. WAO` O W Jtn g'§- 0 0 0 0 O O O O 1 !L4 a C:' 0 O. Q. O. 0. 2 • CL J °°C'" 0 00 4 V J 5 J 0 0.-04 L.4 W N O N N O O N O O O O O O A O 00 00 00 00 00 00 J 00 00 00 00 O b3 VD 0 000 000 000 00 00 J J b 0 (. 00 0 00 00 00 — 1. G. Jet -a n _n 4-1 DZ Ji' A ,'NG. 8175 West 32nd Avenue, Suite #1, Hialeah, Florida 33018 Phone: (305) 828-2050 Fax: (305) 820-0905 IDENTIFICATION PAGE NAME OF BIDDER: ADDRESS OF BIDDER: CONTACT PERSON: EMAIL: OFFICE PHONE NUMBER: FAX PHONE NUMBER: Horizon Contractors, Inc. 8175 West 32nd Avenue Suite #1 Hialeah, FL 33018 Joey Sanchez joey.sanchez@horizon-contractors.com (305)828-2050 (305)820-0905 COMPANY FEDERAL TAX ID NUMBER: 65-0434021 COMPANY DECLARATION: Horizon Contractors, Inc. is a for Profit Corporation registered in the State of Florida. Horizon Contractors, Inc. was established on 09/01/1993 throu•h Document Number P93000062377. CORFGRATE SEAL OFFE SIGNATURE Jose M. Sanchez III OFFICERS PRINTED NAME 02/26/07 DATE Vice President TITLE TABLE OF CONTENTS No. Page Description Page 1. Minimum Requirements 1 - 2 2. Equal Benefits for Domestic Partners 3 - 14 3. Best Value Procurement (Reference List) 15 - 18 4. Representative Projects 19 - 21 5. Organizational Chart 22 6. Staffing Plan 23 7. Professional License 24 - 28 8. Corporate Certificates 29 - 32 9. Schedule of Prices (Bid Price Form) 33 - 40 10. Bid/Tender Form (Bid Bond) 41 - 45 11. Bid/Tender Form (Questionnaire) 46 - 59 12. Bid/Tender Form (Non -Collusion Certificate) 60 13. Bid/Tender Form (Drug Free Workplace) 61 - 62 14. Bid/Tender Form (Trench Safety Act) 63 - 65 15. Acknowledgement of Addenda 66 - 73 16. Sub -Contractors Listing Information 74 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we ��77�•77��7� ��•• TMTMsr. (Here insert lull name and address or legal line of Contactor) C11�1 M lLl�ll\r v7 1/C. g a asrrincp 1, hereinafter ca e t e Principal, and �1pp](�)� PLAZA, r Yup�.• 6N(Here insert lull name and address or legal line of Surety! HAREM PLA A, HARIR 1), Cr. 06115 a corporation duly organized under the laws of the State of II\DIANA as Surety, hereinafter called the Surety, are held and firmly bound unto CRY CF MDMI BEACH (Here insert lull name and addrets or legal Idle o( Owner! 1901 CamEnticn Crani Drive, tliani Beach, Fl 33139 as Obligee, hereinafter called the Obligee, in the sum of FIVE fl1UNT CF &we (F BID Dollars (S S/ ), 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 Principal has submitted a bid for North Beach Recr eatimal Corridor - Bid N0. 27-06/07 (Here insert lull name, address and descnplion of 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 of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain In full force and effect. Signed and sealed this Uti (Witness) 22nd day of Fd3n3ary, 2007 Mani_ EMCEES i.5•Jaf) (Seal► I2,..7. -:r,. 2(Title) Attorney -in -Fact `�"�'�& Fla Res matt AIA DOCUMENT A710 • 810 80N0 • AIA e • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 1 POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS THAT: X X X Direct Inquiries/Claims to: THE HARTFORD BOND, T-4 P.O. BOX 2103, 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757-5835 Agency Code: 21-221533 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Emesto Freyre, Fausto Alvarez, Ramon A. Rodriguez, Victor M. Pantin, Carl H. Moll, Carlos Lacasa, William E. Beckham, Marc D. Jacobson, Michael L. Keeby, Mayra Rodriguez of Miami, FL their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. ot Paul A Bergenholtz, Assistant Secretary STATE OF CONNECTICUT ss. COUNTY OF HARTFORD On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations: that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. Hartford David T. Akers, Assistant Vice President CERTIFICATE Scott E. Paseka Notary Public My Commission Expires October 31, 2007 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of February 22, 2007. Signed and sealed at the City of Hartford. -(t 'OA 2004 Gary W. Stumper, Assistant Vice President 04000. ACKNOWLEDGEMENT OF ADDENDA Invitation for Bid No. 27-06/07 CONSTRUCTION SERVICES FOR THE NORTH BEACH RECREATIONAL CORRIDOR PHASE 1, 2 & 3 Miami Beach, Florida Directions: Complete Part I or Part II, whichever applies. Part I: Listed below are the dates of issue for each Addendum received in connection with this Bid: Addendum No. 1, Dated February 13,2007 Addendum No. 2, Dated February 16,2007 Addendum No. 3, Dated February 23,2007 Addendum No. 4, Dated February 26,2007 Addendum No. 5, Dated February 26,2007 Part II: No addendum was received in connection with this Bid. Verified with Procurement staff Name of Staff Horizon Contractors, Inc. Bidders gnature BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 152 Date 02/26/2007 Date MIAMIBEACH City of Miami Beach, 1 700 Convention Center Drive. Miami Beach, Florida 33139, www. miamibeachfl.gov PROCUREMENT Division Tel: 305-673-7490, Fax: 305-673-7851 INVITATION TO BID (ITB) NO. 27-06/07 ADDENDUM NO. 1 February 13, 2007 FOR CONSTRUCTION SERVICES FOR THE NORTH BEACH RECREATIONAL CORRIDOR PHASE 1, 2 & 3 is amended as follows: I. A Compact Disk (CD) is available with AutoCad Files for the Plans and Word files for the Specifications for the Construction Services for the North Beach Recreational Corridor Phases 1, 2 and 3. All interested bidders are asked to contact the City of Miami Beach Procurement Division at 305-673-7490 to secure a copy of the CD. The cost for the CD is $10.00, company checks and cash accepted no credit cards please. Inasmuch as this change does not materially affect the ITB document, bidders are not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director rm F:\PU RC\$ALL\Roman\bids\07\ITB-27-06-07\itb-27-06-07A1. doc We are committed to providing excellent pybhc service and safety to all who five, work, and play in our vibrant, tropical, historic community m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach Florida 331 39, www.miamibeachfl.gov PROCUREMENT Division Tel: 305-673-7490, Fax: 305-673-7851 INVITATION TO BID (ITB) NO. 27-06/07 ADDENDUM NO. 2 February 16, 2007 FOR CONSTRUCTION SERVICES FOR THE NORTH BEACH RECREATIONAL CORRIDOR PHASE 1, 2 & 3 is amended as follows: I. The bid due date has changed from February 22 to February 26, 2007 at 3:00 pm. Subsequent addenda will follow with answers to questions from prospective bidders. Inasmuch as this change does not materially affect the ITB document, bidders are not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director rm F:\P U RC\$ALL\Roman\bids\07\ITB-27-06-07\itb-27-06-07A2. doc We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community m MIAMIBEACH City of Miami Beach, 1 700 Convention Center Drive, Miami Beach; Florida 33139. www miamibeachfl gov PROCUREMENT Division Tel: 305-673-7490, Fax: 305-673-7851 INVITATION TO BID (ITB) NO. 27-06/07 ADDENDUM NO. 3 February 23, 2007 FOR CONSTRUCTION SERVICES FOR THE NORTH BEACH RECREATIONAL CORRIDOR PHASE 1, 2 & 3 is amended as follows: I. The bid due date has changed from February 26 to February 27, 2007 at 3:00 pm. II. The following are answers to questions from prospective bidders. Q. Can the bid for this project be extended by (1) week minimum; this will give us necessary time to prepare an adequate bid. A. The bid due date was changed from February 22 to February 26, and this Addendum will change the bid due date from February 26 to February 27, 2006 at 3:OOpm Q. Is the contractor required to pull a permit and what is the fee? Have these plans already been submitted to permitting review? A. The plans have been permitted and approved by DEP. The City of Miami Beach Public Works has also reviewed and approved the plans. The Contractor is responsible for obtaining the building permits from the City of Miami Beach. The fee will either be waived, or the contractor will be reimbursed for the amount of the permit fee. Q. Is it mandatory to provide continuous temporary fencing at work areas? A. The Contractor is to maintain a secure job site while maintaining access to the beach for pedestrians and emergency vehicles. Q. Question: Sheet GEO-2.9 indicated at the center of the circle "Allison Park Not A Part of This Permit", please clarify the meaning of this comment? A. Allison Park is part of Phase I and can be located on sheet GEO-I.I. The project is broken into three (3) different phases for the DEP permit. However, the contractor must bid and construct this as one contiguous project. Q. We are to stabilize 9" of existing sub -base with concrete material, in the event that the grade is low and fill need to be used w hat is acceptable fill material? A. The technical specifications indicate what type of fill material is to be used. The fill must be compatible beach sand as per the DEP permit requirements. We are committed to providing exceller r ; zbhc service and safely m all who live, work, and play in our vibrant, tropical, historic community Q. Please verify contract days on this project? A. The number of contract days to substantial completion and final completion are located on page 81 of the front-end documents, provided by the City. Q. It was mentioned at the pre-bid that the irrigation system was going to be temporary, please clarify this comment? A. The irrigation system is to be constructed as per the construction plans and specifications. As the vegetation grows, the City has the option of isolating specific zones throughout the project site. Q. Who is responsible for concrete and compaction testing services? A. The Contractor is to hire an independent certified company to test for compaction and concrete. The results must be sent to the Owner and copies to the Engineer. Q. Will pump mix concrete be allowed on this project? A. Yes, however, the contractor must submit concrete mix design for the Engineer's approval prior to construction. Q. Who will be responsible for the inspection of this work and what is the procedure and prior notice required to perform these inspection? A. It is the Contractor's responsibility to contact the City Inspector assigned to this project with adequate time for inspections. The Engineer will be supplementing city inspections. Q. We need more time in order for us to be able to bid this project; if possible can you please extend the date for a few more days? A. Please refer to the answer on the first question in this Addendum. Q. Please advise us if we can substitute the following palm trees. You have the 6' Silver Palm, can they be substituted with 10' Oussia Tree or 6' Honda Thatch Palms. The reason is because the Silver Palm is extremely expensive and they are very hard to find? A. The Florida Silver Palm was a requirement from the DEP. In order to change the palm species, the plans will have to be reviewed and approved by DEP prior to submitting a modification for the permit. The Contractor shall bid the plans as specified, and value engineering options will be evaluated III. Clarification: Clarification to the color concrete was requested by Lambert. Response: Lambert's color specifications require addition of white color to the concrete to match the Scofield color specified on the plans. The contractor shall bid the plans to achieve the color specified. Samples and test sections will be required for approval prior to construction of path. Concrete color was chosen by the City of Miami Beach from available concrete palettes. We are committed to providing excellenr : ,blit service and safety to ail who live, work, and play in OUT vibrant, tropical, historic communih, Inasmuch as this change does not materially affect the ITB document, bidders are not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director rm F \PURC\$ALL\Roman\bids\07\ITB-27-06-07\itb-27-06-07A3.doc We are commdted to providing excellent i,ublic service and safely to all who live, work, and play in our vibrant, tropical, historic community. MIAMIBEACH City of Miami Beach, 1 700 Convention Center Drive, Miami Beach, Florida 331 39, www miamibeachfl gov PROCUREMENT Division Tel: 305-673-7490, Fax: 305-673-7851 INVITATION TO BID (ITB) NO. 27-06/07 ADDENDUM NO. 4 February 26, 2007 FOR CONSTRUCTION SERVICES FOR THE NORTH BEACH RECREATIONAL CORRIDOR PHASE 1, 2 & 3 is amended as follows: I. Clarification: Reference: Triada Pole Mounted Light Fixture When another project for the City was built "the Beachwalk" project, a pole light fixture was designed, which is now called the Triada Pole Mounted Light Fixture. When the City decided to replace the portion of the path adjacent to II Villaggio with bollards, the Lighthouse Bollard was used because there was no specific bollard for the Triada. Forms and Surfaces later developed the Triada Bollard, which is similar to the Lighthouse Bollard used in the Beachwalk project. The only change was that the base was modified to have an hourglass shape. The Photometric file mentioned in the Lighting plans is the file name that was provided by Forms and Surfaces to the electrical engineer to create the photometric drawings. The file for the Triada and Lighthouse bollard should be identical, since the actual Tight fixture does not change. The Design Consultant is recommending that the City use the Lighthouse Bollard as noted in the plans so that they match the bollard at the Beachwalk project and the spare bollards provided to the City when Beachwalk was built. Inasmuch as this change does not materially affect the ITB document, bidders are not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director rm F:\PURC\$ALL\Roman\bids\07\ITB-27-06-07\itb-27-06-07A4.doc We ore committed to providing excellew : ubhc service and safety to all who hve, work, and play in our vibrant, tropical, historic community m MIAMIBEACH City of Miami Beach, 1 700 Convention Center Drive, Miami Beach, Florida 331 39, www miamibeachfl gov PROCUREMENT Division Tel: 305-673-7490, Fax: 305-673-7851 INVITATION TO BID (ITB) NO. 27-06/07 ADDENDUM NO. 5 February 26, 2007 FOR CONSTRUCTION SERVICES FOR THE NORTH BEACH RECREATIONAL CORRIDOR PHASE 1, 2 & 3 is amended as follows: I. The bid due date has changed from February 27 to February 28, 2007 at 3:00 pm. Inasmuch as this change does not materially affect the ITB document, bidders are not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director rm F:\PURC1$ALL\Roman\bids\07\ITB-27-06-07\itb-27-06-07A5.doc We are committed io providing excellent p !rc service and safety to all who live, work, and play in our vibrant, tropical, historic community (Please provide this Bid Form in a Sealed Envelope} CITY OF IAMI BE,ACH ITB O. 27-06/ CONSTRUCTION SERVICES FO H • RTH BEACH RECREATIONAL CORRIDOR PHASE 1, 2 & 3 Our LUMP SUM BID AND ADD ALTERNATES includes the total cost for the work specified in this bid, consisting of furnishing all materials, labor, equipment, supervision, mobilization, overhead & profit required for Construction Improvements for the Construction Services for the North Beach Recreational Corridor Phases 1, 2 & 3, in accordance with the Scope of Work and Specifications/ Drawings. Total Lump Sum Bid: $ $ 7, 552, 615.00 Seven million five hundred fifty two thousand six hundred fifteen dollars and zero cents Written Amount FIRM'S NAME (Print or Type): Horizon Contractors. Inc. SIGNATURE: TITLE/PRINTED NAME: Vice President- Jose M. Sanchez III ADDRESS: 8175 West 32nd Avenue Suite 1. Hialeah. FL 33018 TELEPHONE NUMBER: (305) 828-2050 FAX: (305) 820-0905 BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 56 (For informational purposes only) North Beach Recreation Corridor Bid Tab - Allison Park - Phase 1 Description I. Demolition Work A. Clearing, Grubbing and Grading B. Removal of Existing Sidewalk C. Remove existing sign D. Remove existing portion of wall E. Remove parking meters F. Remove pavement markings 11. Walkway and Wall A. 9" Cement -Stabilized Sand B. 5" Concrete path - color label 4 (off-white) C. Compacted Shell Rock Beach Acess with Base D. Concrete Foundation for Concrete Turtle and Sign E. 1 New Masonry Rock Pilaster F. 1 Column Shower w/ 12"x12"x10' Exfiltration Trench G. 1 Water Fountain H. 1 Drain Basin w/ 3'x6'x20' Exfiltration Trench I. Concrete Compaction and Testing J. Concrete Sidewalk and Ramps K. Parking Meter Pole L. Handicap Parking Sign M. 1 Handicap Parking Markings 111 Landscaping A. (TP) Thrinax Palms B. (FSP) Florida Silver Palm C. (GL) Gumbo Limbo D. (COC) Seagrape E. (UNI) Sea Oats F. 1 - 8oz pkg. "Diehard Palm" TM per palm G. 1 - 3 oz pkg. "Horta-Sorb" TM per palm H. 1 1 - 8oz pkg. "Diehard Palm" TM per tree I. 1 2 oz. "Diehard Transplant" TM per shrub Use on all shrubs & groundcovers, except sea oats J. 1 Sod IV. Lighting A. 1 Bollard B. Service Rack I Estimated Quantity Unit I Total Estimated Cost (US$) 30,300 sf 160 sy 1 ea 35 If 3 ea 160 If Sub -Total: BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 57 1,260 sy 1,115 sy 98 sy 4 ea 2 ea 2 ea 1 ea 1 ea 1 ea 22 cy 3 ea 1 ea 300 If Sub -Total: 12 33 10 15 1,700 45 45 15 6,265 ea ea ea ea sf ea ea ea ea 4,550 1 sf Sub -Total: 30 1 ea 1 ea S 48.000.00 S 3.000.00 A inn_oc S 8.500.0c S 1.000.00 S 500.00 S 61,100.00 $ 88,000.00 $ 180,000.Od $ 6,100.0 S 10.200.0 S 7,000.00 S 9.0 S 7.600.00] S 7.500.001 5 4.500.00 S 24.000.00 S 800.00 S 350.001 $ 1,500.0d $ 346,550.00 S 18.000.00 S 56.100.00, S 4.750.00 5 700.0d 5 4.300.00 S 150.00 S 150.00 5 50.00 5 300.00 $ 7,000.00 91,500.00 $ 110,000.0c $ 43,000.00 C. 3/4" Conduit 2#10THHN,THWN,Cu &#10(GND) THHN,THWN,Cu 7 100If $ 18, 000.00 D. 3/4" Conduit 5 1001f S 13.000.00 2#6THHN,THWN,Cu &#10(GND) THHN,THWN,Cu E. 1" Spare conduit 1 12 100If S 4.500.00 F. Trenching and backfill 1 1,000 If S 40. 000. oa Sub -Total: $ 228,500.0C V. Irrigation A. Shrub Spray Heads B. Pop-up Spray Heads C. Pop-up Rotors D. Floor Bubbler E. 1" solenoid valve F. 1 1/2" solenoid valve G. Quick coupler valve H. Quick coupler key I. 2" gate valve J. 2" Hydrometer K. PVB L. Rain Sensor _ M. Scorpio N. Keyboard Disp. 0. Main line P. Laterals Q. Sleeves R. 1" conduit 1 S. Connection to water service T. Electrical wire U. Water Meter V. 90 -day Temporary Watering Schedule W. Stub -out X. Valve box and cover Y. Fence Total Mobilization Bond and Insurance Total Probable Construction Cost BID NO: 27-06/07 DATE: 01/25/07 CITY OF MIAMI BEACH 58 44 ea s 1.300.00 2 ea S 175 nn 10 ea S 1.400.00 31 ea S 4.000 nr 2 ea S 750.00 3 ea S 1.200.00 2 ea s 450.00 2 ea s 22" nn 1 ea S 175.0 1 ea g 2 1 ea s 1.400 nn 1 ea g i 1 ea S 31..000.00 1 ea s 3.000.00 380 If s 2.700 1,660 If s s.inn nn 160 If s 1.900.00 210 If S 650.00 1 ea S 2.100.00 2 1001f l S 300.00 1 ea I S 3.500.00 45,000 Gal S 16.500.00 1 ea S 175.00 5 I ea I S 2.70.00 40 I If 1 $ 1.800.Vn Sub -Total: $ 84,690.0C $ 812,340.00 $ 16,000.00 $ 12,800.00 $ 841,140.00 IFor informational purposes only) North Beach Recreation Corridor Bid Tab - Phase 2 (South) Description Estimated Quantity Unit North Beach Recreational Corridor Project - Phase 2 Total Estimated Cost (US$) I. Site Work A. Clearing, Grubbing and Grading 315,135 sf S 650.000.00 B. Remove existing wail at Ocean Terrace 294 If $ 19. 000.00 C. Remove existing concrete 125 sy S 2.000.00 D. Remove existing curb 31 If S 400.00 E. Relocate existing trees 9 ea S 3. s 0 0. o Q F. Path Cut 485 cy 5 9.000 . 00 G. Path Fill (On-site Material) 485 cy S 9.000.00 H. Path Fill (Imported Material) 255 cy $ 30.000.00 I. Dune Fill (Imported Material) 485 cy $ 450, 000.00 Sub -Total: S 1.172.900.00 11. Walkway A. 9" Cement -Stabilized Sand B. 5" Concrete path - color label 4 (off-white) C. 5" Concrete path - color label 5 (peach) D. No -fines concrete for shower areas E. 8"x8" Concrete Curb w/ reinforcement F. 4"x8" Pavers G. 8" Conc. Block wall for shower areas H. 8" Conc. Block wall for Ocean Terrace I. Key Stone cap for Block wall J. 2" Deep Sawcut K. Concrete Compaction and Testing L. 1 Signage (Includes Medallion w/ St. number Insert) M. Post Rope Fence N. Dune Fence O. L Concrete Shower unit III. Landscaping A. 1 2 B. 1 2 Trees Coccoloba uvifera/ Sea Grape Conocarpus erectus 'sericeus% Silver Buttonwood Palms Coccothrinax argenta ta/ Florida Silver Palm Washingtonia robusta/ Washington Palm 7,778 sy S 560,000.0C 4,538 sy $ 450, 000.00 2,266 sy $ 225, 000.00 37 sy S 3.000.00 252 If S ii.000.00 100 sy S 0.000 nn 24 If S 4.000.0Q 47 If S R _ nnn no_ 71 If S 4.000.00 11,035 If S 12.000.00 10 ea S 34.000.00 1 Is S 70_000.00 7,561 If S 95,000.00 4,478 If S 49.000.00 3 ea S 14.000.00 Sub -Total: S 1.507.000.00 BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 59 31 ea 59 ea 57 ea 41 ea $ 12,000.00 S 22.000.00 S 78.000.00 S 4.900.00 3 Sable Palmeto/ Cabbage Palm C. Shrubs 1 Chrysobalanus icaco 'Red Tip Red Tip Cocoplum 2 Coccoloba uvifera/ Sea Grape 3 Conocarpus erectus 'sericeusY Silver Buttonwood 4 Raphiolepis indica/ Indian Hawthorne 5 Yucca aloifolia/ Spanish Bayonet D. Ground Cover 1 Gaillardia pulchella/ Blanket Flower 2 Helianthus debelis/ Beach Sunflower 3 Hymenocalis latifolia/ Key Spider Lily 4 Ipomea pes-caprae/ Railroad Vine 5 Spartina patens/ Saltmeadows Cordgrass (assumed 50% area for soarse veg.) 6 Toumefortia gnaphalodes/ Sea Lavender 7 Uniola oaniculata Sea Oats 8 Serenoa repens Saw Palmetto D. E. F. Site Preperation (20%) Soil Ammeneties (5%) Temporary Irrigation (Allowance) VI. Lighting (Estimates are based on conceptual design) A. Bollard B. Service Rack C. Fuses/Fuse Holders D. Electrical Conduits and Wiring BID NO: 27-06/07 DATE: 01/25/07 58 ea $ 14,900.00 888 ea s i2.ion -nn 86 ea s 4.7 0 n . 00_ 641 ea $ 13,000.00 3,560 ea $ 53,000.00 3,005 ea $ 221,400.00 3,255 ea S 6.200.00 10,685 ea $ 17, 500.00 1,870 ea $ 9,300.00 4,087 ea $ 10, 800.00 48,850 ea S 136.000.00 8,568 ea S 158.000.00 61,000 ea $ 133,000.00 21 ea S 1.700.00 Total Sub -Total: S 907 900.00 1 S 181.580.00 S 45.395.00 $ 67,000.00 1.201.875.00 168 ea S 732.000.00 3 ea S 43.000.05 336 ea $ 5,000.00 4,925 If $ 170, 000.00 Sub -Total: S 950.000.001 CITY OF MIAMI BEACH 60 VII. Irrigation (Estimates are based on conceptual design) A. Permanent Irrigation on street end only and Temporary Irrigation throughout the rest of the site. Includes 8"x4" tapping valve and pavement restoration. Sub -Total Mobilization Bond and Insurance Total Probable Construction Cost 1 Is S 287.000.00 Sub -Total: S 287,000.0C S 5.118.775.00 11(1.000.00 S 59,000.00 $ 5,307.775.00 BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 61 fFor informational purposes only) North Beach Recreation Corridor Bid Tab - Phase 3 (North) Description Total Estimated Quantity Unit North Beach Recreational Corridor Project - Phase 3 Total Estimated Cost (US$) I. Site Work A. Clearing, Grubbing and Grading 81,594 sf $ 250. 000 .00 B. Path Cut 200 cy S 4,000.00 C. Path Fill (On-site Material) 200 cy s 4.000_00 D. Path Fill (Imported Material) 135 cy s 7.000.00 E. Dune Fill (Imported Material) 65 cy 8 60. 000.00 Sub -Total: $ 325, 000.00 11. Walkway A. 9" Cement -Stabilized Sand B. 5" Concrete path - color label 4 (off-white) C. 5" Concrete path - color label 5 (peach) D. No -fines concrete for shower areas E. 8"x8" Concrete Curb w/ reinforcement F. 4"x8" Pavers G. 8" Conc. Block wall for shower areas H. Key Stone cap for Block wall I. 2" Deep Sawcut J. Concrete Compaction and Testing K. Signage (Includes Medallion w/ St. number Insert) L. Post Rope Fence M. Dune Fence N. Concrete Shower unit III. Landscaping A. Trees 1 Coccoloba uvifera/ Sea Grape 2 Conocarpus erectus 'sericeus% Silver Buttonwood B. Palms 1 Coccothrinax argentata/ Florida Silver Palm C. Shrubs 1 Chrysobalanus icaco 'Red Tip'/ Red Tip Cocoplum 2 Coccoloba uvifera/ Sea Grape 1,613 sy 8 113.000.00 593 sy $ 59.000.00 593 sy $ 59,000.00 0 sy 336 If $ 14,000.00 123 sy $ 9.800.00 0 f If O l If 3,430 1 If $ 3,500.00 1 1 Is 8 6.000.00 1 Is $ 90,000.00 1,422 If fi in non nn 1,588 If 8 18.000.00 O 1 ea Sub -Total: 382.300.00 BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 62 O ea 6 ea 7 ea 392 ea 40 ea $ 2.200.00 $ 9,100.00 $ 4,900.00 $ 1,900.00 3 Conocarpus erectus 'sericeus% Silver Buttonwood 4 Suriana Maritima Bay Cedar D. Ground Cover 1 Gaillardia pulchella/ Blanket Flower 2 _ Helianthus debelis/ Beach Sunflower 3 Ipomea pes-caprae/ Railroad Vine 4 Spartina patens/ Saltmeadows Cordgrass (assumed 50% area for sparse veg.) 5 Tournefortia gnaphalodes/ Sea Lavender 6 Uniola paniculata Sea Oats 7 Serenoa repens Saw Palmetto D. E. F. Site Preperation (20%) Soil Ammeneties (5%) Temporary Irrigation (Allowance) V. Lighting (Estimates are based on 60% design) B. Bollard C. Service Rack D. Fuses/Fuse Holders E. Electrical Conduits and Wiring VI. Irrigation (Estimates are based on conceptual design) A. Permanent Irrigation on street end only and Temporary Irrigation throughout the rest of the site Sub -Total Mobilization Bond and Insurance Total Probable Construction Cost Total 161 ea s tan no 603 ea $ 13.000.00 887 ea $ 4.500.00 1,538 ea $ 4,100.00 836 ea $ 4,200.00 16,163 ea $ 43,000.00 1,395 ea S 30.000.00 10,578 ea $ 29,000.00 744 ea S 67.000.00 Total Sub -Total: 48 ea 1 ea 96 ea 1,110 If Sub -Total: Sub -Total: BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 63 1 $ 216,200.0C S 43.240.00 S 10.810.00 S 12.000.00 S 282 250 00 S 177.000.00 S 44.000.0Q 5 1=_0.00_ $ 91.000.00 S 312.150.00 Is $ 74.000.00 $ 74,000.00 $ 1,375,700.00 s 17.000.00 $ 11.000.00 $ 1,403,700.00 06000. SUB -CONTRACTOR LISTING INFORMATION BID NO. 27-06/07 CONSTRUCTION SERVICES FOR THE NORTH BEACH RECREATIONAL CORRIDOR PHASE 1, 2 & 3 Miami Beach, Florida SUB -CONTRACTORS PROVIDING SERVICES TO THIS PROJECT Name of Subcontractor (Telephone and fax no.1 Name• sesco utility •.Gpyy�nanv Tnr Tel: (305) 759-1668 Fax: (305) 754-1877 Vila and Son Name. Landscapi na Corn_ Tel: (305) 805-0066 Fax: (305) 805-4270 Name. Homestead Pavixla Co. Tel: (305) 258-1972 Fax: (305) 258-2267 Name: Tel: Fax: Name: Tel: Fax: Name: Tel: Fax: BID NO: 27-06/07 Work to be performed % of Work to be performed Installation of all electrical work within project limits. Planting all landscaping and installing all irrigation within project. 12.8 18.6 % Casting all concrete within the project limits. 8.4 % CITY OF MIAMI BEACH DATE: 01/25/07 153 RISK ASSESMENT PLAN RISK #1: There is approximately 9,200 square yards of 5 -inch thick color concrete in the proposed walkway. At the specified thickness, the construction of the walkway shall yield approximately 1,342 cubic yards of Portland Cement Concrete (PCC). Under normal conditions, this quantity of PCC does not present any difficulties. The conditions for placement of PCC along the North Beach Corridor Project are in no way to be considered normal. There are various conditions which MUST be considered by the contractor in order to mitigate potential impacts on the project cost and schedule. These conditions are listed below along with there respective action plan. Condition - According to Section 02770 — 1.3.1 in the Technical Specifications, the placing temperature, of all PCC within the sidewalks, paths and curbs shall not exceed 95 degrees F at any time. This creates much inefficiency in production, resulting in an increase in material, labor and equipment cost. Action Plan The contractor shall only place PCC during the hours of 6:00 AM — 8:00 AM. The contractor must coordinate closely with the PCC producer in order to assure the material are on time and at the specified temperature. The contractor shall pay a premium for the early service and the dedication of the producer's cement-cylos due to the mix design containing white cement. Icing the PCC is not an option due to the mix design containing color additives. The ice will dilute the color additives, resulting in a discoloration of the cement. Condition After a preliminary survey of the project site, access to the work zone is extremely limited. There are three major access points (Allison Park, 73rd Street and 75th Street), all of which were observed to have heavy pedestrian traffic. The limited access creates two problems: using these access points may create a possible hazard to the egress and ingress of traveling pedestrians to the beach. The phasing of the project must be altered to accommodate to the existing conditions. Action Plan The contractor shall schedule and limit construction traffic through these access points, to limit the amount of days in which pedestrians are burdened. The contractor shall have personnel at the access points whenever there is construction traffic scheduled, in order to prevent any hazards to the traveling public. Due to the limited access points, the contractor shall coordinate with City Officials and choose arbitrary points, approximately midway between access points, in which the contractor shall begin its PCC activities. From these arbitrary points, the contractor shall pave its way backwards to the outer portion of the projects. This limits the unnecessary construction traffic over the newly paved walkway, allowing for the PCC to cure correctly. This plan is crucial to the final aesthetics of the proposed walkway. Any construction traffic over the proposed walkway may compromise its integrity. Condition - Along the project, there are portions of the walkway that contain bands of different colors adjacent to each other. This creates a problem when pouring PCC from a pump. Pump mix PCC tends to splatter once it hits the floor 1 of 4 RISK ASSESMENT PLAN flowing from the pump's hose. This will cause the adjacent concrete to appear as if the bordering cement was splattered with the other color. Action Plan Special care must be taken when working along the previously casted cement. Masking the in-place cement with a visqueen material, prior to casting the adjacent cement, is vital for an immaculate finish. This is not only a timely process which slows down production, but the visqueen in many cases cannot be reused, becoming an additional cost to the contractor. For estimating purposes, the contractor must assume that all visqueen shall not be reused. RISK #2: The contract Plans and Specifications call for the construction of approximately 9,549 square yards of a 9 -inch Cement -Stabilized Base. This is an extremely sensitive activity, considering the conditions of the project. The contractor is more than capable and qualified to construct the Cement -Stabilized Base but advises the City of Miami Beach not to. This activity is not advised by the Contractor for a number of reasons. These reasons are outlined below: When constructing a Cement -Stabilized Base, the contractor must use dry cement. This dry cement is extremely susceptible to wind. If there is ANY wind, this dry cement becomes air borne and pollutes the immediate area around it. Buildings, walls, cars, pools and pedestrians in the immediate area will be affected by the airborne cement. Property damage due to the airborne cement is more than likely to occur. There is no predetermined mix design specifying the application rate (pounds per square yard). According to specification 02711 — 2.2 in the specifications, the minimum compressive strength is 750 psi. This compressive strength is more than double the industry standard of 350 psi. Having no predetermined application rate and doubling the industry standard compressive strength, the contractor has no legitimate method of estimating the amount of cement that would be used. Nevertheless, the contractor must use a large safety factor while estimating the cement usage. In tum an unjust price for the City Of Miami Beach and the Contractor is determined. Action Plan The industry standard for constructing a Cement -Stabilized Base is to use a cement cylos full of dry cement and, by means of a compressor mounted on the cylos, apply by pressure the cement onto the previously mixed base. This method cannot be used due to the proximity of the work zone. Wind plays a major factor in determining the means and methods of constructing the proposed Cement -Stabilized Base. The contractor shall use a McLanahan Sewage Pugmill Mixer at an approved staging area. This machinery is extremely loud and can cause complaints from residents in neighboring buildings. For this reason, mixing shall commence after 9:OOAM on a daily basis until the whole Cement -Stabilized Base is constructed. RISK #3: The contract Plans and Specification call for approximately 2,230 square yards of Limerock Base to be constructed under the walkway, shell rock path and under wall sections. The Contractor does not agree with that the design is not in the best interest of the City of Miami Beach. While interpreting the sieve analysis provided with the Technical Specifications, the Contractor has amended the design for the Limerock Base. Action Plan 2 of 4 RISK ASSESMENT PLAN The sieve analysis indicates a predominantly sand, poorly graded soil (SP). This soil has a good rating for subgrade, according to the AASHTO Soil Classification System of 1993, if treated correctly. It is our professional opinion that a Geotextile Fabric along with a Biaxial Geogrid under the Limerock Base is required. The Geotextile Fabric prevents intrusion of the existing soil into the proposed base and the Geogrid prevents any point loading by distributing the load throughout the Geogrid. This method is not only a better design but it also helps eliminate waste of material, insuring the contractor less waste, resulting in a fine tuned price. (Please see attached drawings).Along with the above mentioned, the Contractor is amending the design of the Limerock Base to include Prime and Sand. The Prime and Sand allows for two advantages: 1.)The prime and sand helps in retaining the moisture in the Limerock Base and creates a barrier in which the moisture of the above lying concrete is not compromised by absorption from the Limerock Base; 2.)The Prime and Sand helps prevent pavement pumping by creating a seal for the Limerock Base. Pumping is the forceful ejection of a mixture of soil and water from under slab edges and joints. The primary problem with pumping is the effects the resulting voids can have on the slab above the base. Because of the rigid nature of the slab, it does not take a very large void to cause the pavement to wear out faster. Cracking, uneven wear, comer breaks and punch -outs are the most critical distresses associated with pumping. RISK #4: The Contract Plans and Specifications specify approximately 6,066 linear feet of Dune Fence and 8,983 linear feet of Rope Fence to be constructed within project limits. The standard detail does not show any concrete anchoring for the post which is spaced 10 -feet off center. Action Plan - The contractor shall construct concrete footings at the base of each post. Each footer shall be 1 -foot in diameter and surpassing the in ground depth of the post by 0.5 feet. Cost Impacts: All associated cost for the above risks is included in the Base Bid. The Contractor will not seek additional payment for any of the above related risks or action plans. The cost is an integral part of the submitted Lump Sum value of the bid. Value Engineering Change Proposal #1: Contractors Statement The project Contract Specifications and Plans specify approximately 9,549 square yards of 9 -inch Cement -Stabilized Base. As previously mentioned, the Contractor does not recommend the construction of the Cement -Stabilized Base. It is the intent of the Contractor to submit a Value Engineering Change Proposal that will save the City of Miami Beach money and help avoid an immense amount of problems that will arise from the construction of proposed Cement -Stabilized Base. It is the professional opinion of the Contractor that substituting the 9 -inch Cement Stabilized Base with an 8 -in Reinforced Limerock Base, with a credit to the contract, will result in a benefit for all involved parties. In no way would this substitution compromise the integrity of the construction within the project. This substitution is exercised around the State of Florida as common industry practice. Description of Construction Method 3 of 4 RISK ASSESMENT PLAN The construction of the Reinforced Limerock Base in comparison to the Cement - Stabilized Base is relatively easy. The first step in construction is to Excavate to the proposed subgrade elevation. This is exactly 8 inches below the finish grade of the Limerock Base. The subgrade must be proof rolled with a heavy single drum roller. It is important that the right equipment is used because the existing sand will cause the wrong equipment to sink and compromise the subgrade, resulting in the Contractor needing to rework the subgrade and delaying the completion of the project. After the subgrade is prepped, the Contractor shall roll out a Geotextile Fabric covering the width of the proposed base and an additional 3 feet on each side of the base. These additional 3 feet on each side is used to overlap the proposed base after the base is constructed. Splicing of the fabric shall occur every 150 linear feet, by overlapping the fabrics by a minimum of 2 feet. In a similar fashion, the Biaxial Geogrid is rolled out covering the width of the proposed base and an additional 3 feet on each side. Once the Geogrid is rolled out, the Contractor commences his earthworks activities by spreading the Limerock over the Fabric and Geogrid. Once all Limerock has been spread, the Contractor shall commence Finish Grade activities on the Limerock Base. On this project, due to the existing soil being classified as a nonplastic soil; vibratory rollers should not be used. Nonplastic soils act like a liquid in transferring loads (meaning the vibrations caused by a vibratory roller will travel laterally toward the buildings).Vibratory rollers can create cracks in adjacent walls, buildings, pools and walkways. It is extremely important that a non standard oscillating roller is used in lieu of the standard vibrating roller. Finally, before constructing the 5 -inch concrete walkway, the Contractor shall overlap the 3 -foot portion of the reinforcing under the proposed walkway in order to lock and seal all aggregate into the proposed base. Cost Analysis The total cost for the proposed Cement -Stabilized Base is $668,430.00. The total cost for the Lime Rock Base substitution is $381,960.00, resulting in a total contract savings of $286.470.00. Value Engineering Change Proposal #2: Contractors Statement The Contract Plans and Specifications specify to plant Serenoa repens, or Saw Palmetto, at 3 gal. with a height of 24 — 30 -inch. This plant does not exist with those specifications. The Contractor included in its bid proposal Saw Palmetto at 7 gal. with a height of 24 — 30 -inch. Contractors Recommendation It is our professional opinion that the City of Miami Beach should plant the smaller Saw Palmetto, at 3 gal. with a height of 10 — 12 -inch. Aesthetically we believe there is not much difference for the price. Cost Analysis The total cost for the proposed 7 gal Saw Palmetto is $217,131.00. The total cost for 3 gal Saw Palmetto is $110,520.00, resulting in a total contract savings of 5106.611.00. Value Engineering Change Proposal Summary: Approving both Value Engineering Change Proposals shall result in a discounted price of $393,081.00 off of the Contractors Lump Sum Bid Price. 4 of 4 00400. BID/TENDER FORM Submitted: City of Miami Beach, Florida 1700 Convention Center Drive Miami Beach, Florida 33139 February 26,2007 Date The undersigned, as Bidder, hereby declares that the only persons interested in this bid as principal are named herein and that no person other than herein mentioned has any interest in this bid or in the Contract to be entered into; that this bid is made without connection with any other person, firm, or parties making a bid; and that it is, in all respects, made fairly and in good faith without collusion or fraud. The Bidder further declares that it has examined the site of the Work and informed itself fully of all conditions pertaining to the place where the Work is to be done; that it has examined the Contract Documents and all addenda thereto furnished before the opening of the bids, as acknowledged below; and that it has satisfied itself about the Work to be performed; and that it has submitted the required Bid Guaranty; and all other required information with the bid; and that this bid is submitted voluntarily and willingly. The Bidder agrees, if this bid is accepted, to contract with the City, a political subdivision of the State of Florida, pursuant to the terms and conditions of the Contract Documents and to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to construct and complete within the time limits specified the Work covered by the Contract Documents for the Project entitled: CONSTRUCTION SERVICES FOR THE NORTH BEACH RECREATIONAL CORRIDOR PHASE 1, 2 & 3 Miami Beach, Florida The Bidder also agrees to furnish the required Performance Bond and Payment Bond or alternative form of security, if permitted by the City, each for not less than the total bid price plus alternates, if any, and to furnish the required Certificate(s) of Insurance. The undersigned further agrees that the bid guaranty accompanying the bid shall be forfeited if Bidder fails to execute said Contract, or fails to furnish the required Performance Bond and Payment Bond or fails to furnish the required Certificate(s) of Insurance within fifteen (15) calendar days after being notified of the award of the Contract. In the event of arithmetical errors, the Bidder agrees that these errors are errors which may be corrected by the City. In the event of a discrepancy between the price bid in BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 51 figures and the price bid in words, the price in words shall govern. Bidder agrees that any unit price listed in the bid is to be multiplied by the stated quantity requirements in order to arrive at the total. Acknowledgment is hereby made of the following addenda (identified by number) received since issuance of the Project Manual: Addendum #1, Addendum #2, Addendum #3, Addendum #4, Addendum #5. Attached is a Bid Bond [, Cash [ ], Money Order [ ], Unconditional Letter of Credit [ ], Treasurer's Check [ ], Bank Draft [ ], Cashier's Check [ ], or Certified Check [ ] No. Bank of for the sum of 5 % of Bid Amount Dollars The Bidder shall acknowledge this bid by signing and completing the spaces provided below. Name of Bidder: Horizon Contractors, Inc. City/State/Zip: Hialeah, FL 33018 Telephone No.: (305) 828-2050 Social Security No. or Federal I.D.No.: 650434021 Dun and Bradstreet No.: (if applicable) If a partnership, names and addresses of partners: BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 52 (Sian below if not incorporated) WITNESSES: (Type or Print Name of Bidder) (Sian below if incorporated) ATTEST: (CORPORATE SEAL) (Signature) (Type or Print Name Signed Above) Horizon Contractors, Inc. (Type or Print Name of Corporation) Jose M. Sanchez III (Type or Print Name Signed Above) Incorporated under the laws of the State of: Florida BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 53 1l c - j e'rsida.. ' 00405. CITY OF MIAMI BEACH LICENSES. PERMITS AND FEES: Pursuant to the Public Bid Disclosure Act, each license, permit or fee a Contractor will have to pay the City before or during construction or the percentage method or unit method of all licenses, permits and fees REQUIRED BY THE CITY AND PAYABLE TO THE CITY by virtue of this construction as part of the Contract is as follows: "City of Miami Beach Master Permit Fee and applicable Major Trade Permit fees (i.e. Mech., Plumbing, Elec., and Fire) are waived. Any other permit fees not directly related to the actual construction of the project (i.e. Permits for dumpsters, Job trailers) are not waived" "Licenses, permit and fees which may be required by Miami -Dade County, the State of Florida, or other governmental entities are not included in the above list" 1. Occupational licenses from City of Miami Beach firms will be required to be submitted within fifteen (15) days of notification of intent to award. 1 Occupational licenses will be required pursuant to Chapter 205.065 Florida Statutes. NOTE: a) If the contractor is a State of Florida Certified Contractor the followina will be required: 1) Copy of State Contractors Certification 2) Place of Business Occupational License 3) Liability and Property Damage Insurance Certificate made to City of Miami Beach 4) Workers compensation or the exemption b) If a Dade County Licensed Contractor: 1) Dade Certificate of Competency in the Discipline Licensed 2) Municipal Contractors Occupational License 3) Liability and Property damage Insurance Certificate made to City of Miami Beach 4) Workers Compensation or the exemption NOTE: PLEASE PROVIDE COPIES OF ALL YOUR LICENSES AND CORPORATE CERTIFICATES WITH YOUR BID RESPONSE BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 54 ,c# 2874975 DATE STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#L06100402287 BATCH NUMBER LICENSE NBR 10/04/2006 060113949 CGC008543 The GENERAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2008 SANCHEZ, JOSE M HORIZON CONTRACTORS INC 8175 W 32ND AVE STE 1 HIALEAH FL 33018 JEB BUSH GOVERNORSECRETARY D1SPi Y tea KEO171RED-B1 LAW SIMONE MARSTILLER 1 MIAMI-DADE COUNTY TAX COLLECTOR 140 W. FLAGLER ST. 14th FLOOR MIAMI, FL 33130 2006 OCCUPATIONAL LICENSE TAX 2007 FIRST-CLASS MIAMI-DADE COUNTY - STATE OF FLORIDA U.S. POSTAGE EXPIRES SEPT. 30, 2007 PAID MUST BE DISPLAYED AT PLACE OF BUSINESS MIAMI, FL PURSUANT TO COUNTY CODE CHAPTER 8A - ART. 9 & 10 PERMIT NO. 231 302861-0 RENEWAL BUSINESS NAME / LOCATION LICENSE NO. 316557-8 HORIZON CONTRACTORS INC CC # E874 8175 W 32 AVE 1 33018 HIALEAH OWNER HORIZON CONTRACTORS INC Sec. Tye of Business WORKER/S 196 GENERAL ENGINEERING CONTRACTR 10 THIS IS AN OCCUPATIONAL TAX ONLY. IT DOES NOT PERMIT THE LICENSEE TO VIOLATE ANY EXISTING REGULATORY OR ZONING LAWS OF THE COUNTY OR CITIES. NOR DOES IT EXEMPT THE LICENSEE FROM ANY OTHER LICENSE OR PERMIT REQUIRED BY LAW. THIS IS NOT A CERTIFICATION OF THE LICENSEE'S QUALIFICA- TION. PAYMENT RECEIVED MIAMI-DADE COUNTY TAX COLLECTOR 08/14/2006 60180000049 000045.00 SI;E ,pTf•IER SIDE DO NOT FORWARD HORIZON CONTRACTORS INC JOSE M SANCHEZ 8175 W 32 AVE SUITE 1 HIALEAH FL 33018 Ij::j::;:;: !.2! . :I::::4ii1? M!/,,M1-DADE COUN1 y PUB! • W01-11,, DE, ARTMENT N.W. 1st STREET, SlillEii510 MIAMI. FTL 33128 (305) 375-2705 BUSIW.SS CERTIFICATE OF COMPETENCY EXPIRES ON 09/30/2007 HORIZON CONTRACTORS INC w El% C.C. NO.: E874 fa.A.: SANCHEZ JOSE-. M • S.S„, NJ*: 266-04-7930 gnmmeofamlifyingiAgent ',.1446041WC9J. 'RM4:4M,PY QUALIFYING ASE(QJ. ) MUST SL.nws-E, EiFfEct AND C•D;f4797.4. WcriK, Secretary Construction -Bados Caralitying Board INSTRUCTIONS CONTRACTOR TRADE: ENGINEERING cATalowp. GENERAL ENGINEER PLACE ' PHOTO HERE i* SIGN CTIFICATE — ATTACH PICTURE — FOLD — LAPiINAT. 2* NOTIFY CONTRACTOR SECTION OF ANY CHANGE OF ADDRESS. 3. ABIDE BY THE RULES AN[ REGULATIONS OF CHAPTER 10 OF THE CODE OF MIAMI—DADE COUNTY. NOTE: THIS LICENSE IS THE PROPERTY OF MIAMI-0AiJE bUlLbING CCO: COMPLIANCE OFFICE. HORIZON CIATRACTORS INC 8175 W 32 AVE ST E 1 HIALEAH FL 33018 # 2657888 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#L06071401205 BATCH NUMBER LICENSE NBR 7/14/2006 060013024 CUC1224022 The UNDERGROUND UTILITY & EXCAVATION CO Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2008 SANCHEZ, JOSE MARIA III LtORIZON CONTRACTORS INC 175 W 32 AVE STE 1 HIALEAH FL 33018 JEB BUSH SIMONE MARSTILLER GOVERNOR SECRETARY DISPLAY AS REQUIRED BY LAW ACOREP PRODUCER CERTIFICATE OF LIABILITY INSURANCE Millennium Insurance & Investments Corp 4100 Johnson Street Hollywood, FL 33021 PH: (954) 983-4252 INSURED Horizon Contractors, Inc. 8175 W 32nd Avenue, Suite 1 Hialeah, FL 33018-5806 DATE(MMIDDIYYYY) 02/20/2007 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. INSURERS AFFORDING COVERAGE NAIC # INSURER A INSURER B: INSURER C: INSURER D'. INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Bridgefield Employers Insurance Company INK AUL/ L LTR INSRD TYPE OF INSURANCE GENERAL UABIUTY COMMERCIAL GENERAL LIABILITY CLAIMS MADE 111 OCCUR 11 GEN'L AGGREGATE LIMIT APPLIES PER. 7 POLICY n PROJECT n LOC AUTOMOBILE LUU3IIJTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE UABILITY ANY AUTO EXCESS/UMBRELLA UABILITY OCCUR CLAIMS MADE DEDUCTIBLE 7 RETENTION A WORKERS COMPENSATION AND EMPLOYERS' UABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED', NO If yes, describe under SPECIAL PROVISIONS below OTHER POLICY NUMBER SAW TMM/DD/YY)t rakY(NOM N 830-34579 LIMITS EACH OCCURRENCE $ DAMAGE I O KEN (EU PREMISES (Ea occurencel $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) 1 AUTO ONLY - EA ACCIDENT 1 $ EA ACC I $ AGG 1 S 1$ 1$ I$ 1$ I$ VVI, SIAIU- UIH- 06/09/2006 06/09/2007 IY I TORY LIMITS n ER 1 I` I$ I$ OTHER THAN AUTO ONLY 1 EACH OCCURRENCE AGGREGATE UCJk.Nr 'ON Jr UP CRM I1VIVJI LV.41111 1,14 VCKII.LL-JI CAI.LUJIV�VJ Nl1UtU Dl CIVUUKJCNICIV1 l JP MARL YKV 9ISIUNS Project Name: North Beach Recreational Co ridor Phase 1, 2 & 3 - Bid No.: 27-06/07 CERTIFICATE HOLDER City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 ACORD 25 (2001/08) E.L. EACH ACCIDENT E L DISEASE - EA EMPLOYEE E . DISEASE - POLICY LIMIT' $ 1,000,000 1,000,000 1,000,000 "30 DAYS EXCEPT FOR NON-PAYMENT OF PREMIUM 10 DAYS CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL '. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR UABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Gloria J. Bravo, CIC 0ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) ACORD. CERTIFICATE OF LIABILITY INSURANCE PRODUCER Brown & Brown of Florida, Inc. 5900 N. Andrews Ave. #300 P.O. Box 5727 Ft. Lauderdale FL 33310-5727 Phone:954-776-2222 Fax:954-776-4446 INSURED Horizon Contractors, Inc. Attn: Maria Sanchez 8175 West 32nd Avenue Suite 1 Hialeah FL 33018 OP ID K DATE (MMIDD/TYYY) HORIZ-6 02/20/07 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. INSURERS AFFORDING COVERAGE INSURER A INSURER B INSURER C INSURER D. INSURER E. NAIC # Continental Insurance Co. 35289 Continental Casualty Company 20443 Transcontinental Ins. Co. 20486 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 INN '9VUi• LTR NSRD TYPE OF INSURANCE GENERAL LIABILITY A X COMMERCIAL GENERAL LIABILITY TCP2082752693 CLAIMS MADE X OCCUR POLICY NUMBER GEN- L AGGREGATE LIMIT APPLIES PER —1 POLICY IX JEC n LOC AUTOMOBILE LIABILITY B X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS GARAGE LLABIL!TY - -� ANY AUTO EXCESS/UMBRELLA LIABILITY C X OCCUR CLAIMS MADE DEDUCTIBLE X I RETENTION 810,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILrn ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, descnbe under SPECIAL PROVISIONS below OTHER BUA2082868170 CUP2082868184 DATE (MMIDDNY) POLICY DATE (XMMIDDIYY ) LIMfTS EACH OCCURRENCE wwvwc wrtcrv�Cu 02/20/07 02/20/08 IPREASES(Eaoccurence) IMED EXP (Arty one person) 1 PERSONAL 8 ADV INJURY I GENERAL AGGREGATE I PRODUCTS - COMP/OP AGG 02/20/07 02/20/08 COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) $1,000,000 $100,000 $ 5,000 $1,000,000 $2,000,000 $2,000,000 $1,000,000 $ AUTO ONLY - EA ACCIDENT $ EA ACC $ OTHER THAN AUTO ONLY EACH OCCURRENCE 02/20/07 02/20/08 ((AGGREGATE AGG (WL.NLIMITSIAIU- UIN- TORY I ER E L EACH ACCIDENT E L DISEASE - EA EMPLOYEE $ E L DISEASE - POLICY LIMIT $ $5,000,000 $5,000,000 $ DESCii1PTI0N OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVIS ONS Project: North Beach Recreational Corridor Phase 1, 2, & 3 Bid No.: 27-06/07 *10 days notice of cancellation applies to non-payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATNES. AUTHOR RESE• •TINE ACORD 25 (2001/08) 0ACORD CORPORATION 1988 MIAMI BE City of Miami Beach 1700 Convention Center Drive Miami Beach FL 33139 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) 00407. SCHEDULE OF PRICES BID Consideration for Indemnification of CITY $25.00 [ x ] Cost for compliance to all Federal and State requirements of the Trench Safety Act* $ 1000.00 [NOTE: If the brackets are checked or marked, the Bidder must fill out the Trench Safety Act sheet, Page 38, Section 00540, to be considered responsive.] BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 55 00500. SUPPLEMENT TO BID/TENDER FORM THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE BID, HOWEVER, ANY INFORMATION, INCLUDING ADDITIONAL INFORMATION NOT INCLUDED IN THE SUBMITTED FORM AS DETERMINED IN THE SOLE DISCRETION OF THE CITY, SHALL BE SUBMITTED WITHIN SEVEN (7) CALENDAR DAYS OF THE CITY'S REQUEST. QUESTIONNAIRE The undersigned authorized representative of the Bidder certifies the truth and accuracy of all statements and the answers contained herein. 1. How many years has your organization been in business while possessing one of the licenses, certifications, or registrations specified in Section 00405? Additionally, list below or attached a list of all the names of all individuals team member's included in this bid and their respective responsibility. License/Certification#/Registration# Jose M. Jose M. Jose M. Sanchez - Sanchez - Sanchez E874 CGC008543 III - CUC1224022 # Years 13 1/2 years. 32 years. 4 years. 1A. What business are you in? General Engineering Contractor 2. What is the last project of this nature that you have completed? (In case of co -venture, list the information for all co -venture) Grand Avenue Improvements for City of Miami (Scott Pritchard -(305)416-1236) (Decorative Sidewalks/Irrigation/Landscaping/Lighting) 3. Have you ever failed to complete any work awarded to you? If so, where and why? (In case of co -venture, list the information for all co -venture) No 3A. Give owner names, addresses and telephone numbers, and surety and project names, for all projects for which you have performed work, where your surety has intervened to assist in completion of the project, where a claim was made. (In case of co -venture, list the information for all co -venture) Jose M. Sanchez 7110 Glen Eagle Drive Miami Lakes. FL 33014 BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 66 4. Give names, addresses and telephone numbers of three individuals, corporations, agencies, or institutions for which you have performed work: (In case of co -venture, list the information for all co -venture) 4.1. Fred Martinez- 5601 East 8th Avenue Hialeah, FL 33013 (305)687-2611 (name) (address) (phone #) 4.2. Hiep Huynh- 17050 NE 19th Avenue North Miami Beach, FL 33162 (305)948-2925 (name) (address) (phone #) 4.3. Scott Pritchard- 444 SW 2nd Avenue Miami, FL 33130 (name) (address) (305)416-1236 (phone #) 5. List the following information concerning all contracts in progress as of the date of submission of this bid. (In case of co -venture, list the information for all co -venture) TOTAL DATE OF % OF NAME OF OWNER & CONTRACT COMPLETION COMPLETION PROJECT PHONE # VALUE PER CONTRACT TO DATE (See attached list) (Continue list on insert sheet, if necessary.) 6. Has a representative of the Bidder completely inspected the proposed project and does the Bidder have a complete plan for its performance? Yes, preliminary survey was performed and aerial photos were taken. 7. Will you subcontract any part of this work? If so, give details including a list of each subcontractor(s) that will perform work in excess of ten percent (10%) of the contract amount, the approximate percentage, and the work that will be performed by each such subcontractor(s). Include the name of the subcontractor(s) and the approximate percentage of work. Homestead Paving, Inc.- Concrete (8.4%) Vila & Son,Co.- Landscanina (18.6%1 Besco Utilites.Co.- Liahtina (12.8%) BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 67 The foregoing list of subcontractor(s) may not be amended after award of the Contract without the prior written approval of the Contract Administrator, whose approval shall not be unreasonably withheld. 8. What equipment do you own that is available for the work? (See Equipment List attached) 9. What equipment will you purchase for the proposed work? None 10. What equipment will you rent for the proposed work? Mc Lanahan Sewage Pugmill Mixer 11. State the name of your proposed project manager and superintendent and give details of his or her qualifications and experience in managing similar work. Jose M. Sanchez III- Proiect Manager Francisco Ferrer- Superintendent (See attached resumes) BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 68 12. State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business and the address of the place of business. (If a corporation, state the name of the president and secretary. If a partnership, state the names of all partners. If a trade name, state the names of the individuals who do business under the trade name). 12.1 The correct name of the Bidder is Horizon Contractors, Inc. 12.2 The business is a (Sole Proprietorship) (Partnership) (Corporation). (In case of co -venture, list the information for all co -venture) Corporation 12.3 The address of principal place of business is 8175 West 32nd Avenue Suite 1 Hialeah, FL 33018 12.4 The names of the corporate officers, or partners, or individuals doing business under a trade name, are as follows: N/A 12.5 List all organizations which were predecessors to Bidder or in which the principals or officers of the Bidder were principals or officers. M. Vila & Associates BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 69 12.6. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description the disposition of each such petition. (In case of co -venture, list the information for all co -venture) None 12.7. List and describe all successful Performance or Payment Bond claims made to your surety(ies) during the last five (5) years. The list and descriptions should include claims against the bond of the Bidder and its predecessor organization(s). (In case of co -venture, list the information for all co -venture) None 12.8 List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names; case, arbitration or hearing identification numbers; the name of the project over which the dispute arose; a description of the subject matter of the dispute; and the final outcome of the claim. None BID NO: 27-06/07 CITY OF MIAMI BEACH DATE; 01/25/07 70 12.9. List and describe all criminal proceedings or hearings concerning business related offenses in which the Bidder, its principals or officers or predecessor organization(s) were defendants. (In case of co -venture, list the information for all co -venture) None 12.10. Has the Bidder, its principals, officers or predecessor organization(s) been debarred or suspended from bidding by any government during the last five (5) years? If yes, provide details. (In case of co -venture, list the information for all co -venture) None 12.11. Under what conditions does the Bidder request Change Orders. Unforseeable conditions in which the condition ios not represented in the plans or that the activity is not an industry standard. 12.12 You must provide the names of all individuals or entities (including your sub -consultants) with a controlling financial interest. The term "controlling financial interest" shall mean the ownership, directly or indirectly, of 10% or more of the outstanding capital stock in any corporation or a direct or indirect interest of 10% or more in a firm. The term "firm" shall mean any corporation, partnership, business trust or any legal entity other than a natural person. Jose M. Sanchez BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 71 12.13 Individuals or entities (including our sub -consultants) with a controlling financial interest: have x have not contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. Please provide the name(s) and date(s) of said contributions and to whom said contribution was made. None THE CITY OF MIAMI BEACH RESERVES THE RIGHT TO REQUEST ADDITIONAL INFORMATION, BEYOND THAT CONTAINED IN THIS QUESTIONNAIRE, THAT MAY BE REQUIRED TO PROPERLY EVALUATE THE APPLICANT'S QUALIFICATIONS. FIRMS THAT FAIL TO SUBMIT ALL THE INFORMATION CONTAINED IN THIS QUESTIONNAIRE OR ANY OTHER INFORMATION REQUESTED BY THE CITY OF MIAMI BEACH. PROSPECTIVE BIDDERS ARE HEREBY ADVISED THAT IT WILL BE THEIR RESPONSIBILITY TO COMPLY WITH ALL FEDERAL AND STATE OF FLORIDA STATUTES AND REGULATIONS GOVERNING THIS TYPE OF PROJECT. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 72 WITNESS: Signature Print Name By: General Partner Print Name WITNESS: Jose M. Sanchez III Print Name Address (CORPORATE SEAL? IF PARTNERSHIP: Print Name of Firm Address IF CORPORATION: Horizon Contractors. Inc. Print Name of Corporation 8175 West 32nd Avenue # 1 Hialeah. FL 33018 Secretary BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 73 00520. SUPPLEMENT TO BID/TENDER FORM NON -COLLUSION CERTIFICATE THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO BE DEEMED RESPONSIBLE. Submitted this 26th day of February , 2007. The undersigned, as Bidder, declares that the only persons interested in this Bid are named herein; that no other person has any interest in this Bid or in the Contract to which this Bid pertains; that this Bid is made without connection or arrangement with any other person; and that this Bid is in every respect fair and made in good faith, without collusion or fraud. The Bidder agrees if this Bid is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the Bidder and the City of Miami Beach, Florida, for the performance of all requirements to which the Bid pertains. The Bidder states that this Bid is based upon the documents identified by the following number: Bid No. 27-06/07. Jose M. Sanchez III PRINTED NAME Vice President TITLE (IF CORPORATION) BID NO: 27-06/07 DATE: 01/25/07 CITY OF MIAMI BEACH 74 00530. SUPPLEMENT TO BID/TENDER FORM DRUG FREE WORKPLACE CERTIFICATION THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO BE DEEMED RESPONSIBLE. The undersigned Bidder hereby certified that it will provide a drug-free workplace program by: (1) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the offeror's workplace, and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establishing a continuing drug-free awareness program to inform its employees about: (i) The dangers of drug abuse in the workplace; (ii) The Bidder's policy of maintaining a drug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (3) Giving all employees engaged in performance of the Contract a copy of the statement required by subparagraph (1); (4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a condition of employment on a covered Contract, the employee shall: (5) (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than five (5) calendar days after such conviction; Notifying the City in writing within ten (10) calendar days after receiving notice under subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 75 (6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (i) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; and (7) Making a good faith effort to maintain a drug-free workplace program through implementation of subparagraphs(1) through (6). STATE OF Florida COUNTY OF Miami- Dade The foregoing February Vice President er Siure) Jose M. Sanchez III (Print Vendor Name) instrument was acknowledged before me this 26th day of , 20 07 , by Jose M. Sanchez III as (name of person whose signature is being notarized) (title) of Horizon Contractors. Inc. (name of corporation/company) known to me to be the person described herein, or who produced known identification, and who did/did not take an oath. NOTARY PUBLIC: Nadetet (5ezkr (Signature) Idalia A. Dobao (Print Name) My commission expires: . e., IDAI.iA A. DOBAO , MY CONIM1SSION DD450M4 / EXPIRES: July 14, 2009 68(X) -3 -NOTARY FL Notary Discount Assoc. Co. July 14,2009 BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 76 as 00540. SUPPLEMENT TO BID/TENDER FORM TRENCH SAFETY ACT IF APPLICABLE, THIS FORM MUST BE SUBMITTED WITH BID FOR BID TO BE DEEMED RESPONSIVE. (SEE SECTION 00407) On October 1, 1990 House Bill 3181, known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR.S.1926.650, as Florida's own standards. The Bidder, by virtue of the signature below, affirms that the Bidder is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Bidder and subcontractors. The Bidder is also obligated to identify the anticipated method and cost of compliance with the applicable trench safety standards. BIDDER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT. THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. The Bidder further identified the costs and methods summarized below: Quantity Unit Description Unit Price Price Extended Method Shoring/S1o0ino BID NO: 27-06/07 LS 1 1000.00 Total $ 1000.00 CITY OF MIAMI BEACH DATE: 01/25/07 77 1000.00 Trench Box IN ORDER TO BE CONSIDERED RESPONSIVE, THE BIDDER MUST COMPLETE* THIS FORM. SIGN AND SUBMIT IT WITH ITS BID DOCUMENT. Horizon Contractors N.me of Bidder Aut ature of *COMPLETION REQUIRES FILLING IN THE APPROPRIATE DETAILS UNDER THE HEADINGS. i.e.. DESCRIPTION. UNIT. QUANTITY PRICE. UNIT PRICE. EXTENDED. AND METHOD. BID NO: 27-06/07 CITY OF MIAMI BEACH 'DATE: 01/25/07 78 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www. miamibeachfl.gov PROCUREMENT DIVISION Tel. 305-673 7490, Fax. 305-673-7851 MINIMUM REQUIREMENT COMPLIANCE INVITATION TO BID (ITB) No. 27-06/07 FOR CONSTRUCTION SERVICES FOR THE NORTH BEACH RECREATIONAL CORRIDOR PHASE 1, 2 & 3 The City reserves the right to request, from the bidder, clarification or omitted information in reference to this form. The bidder must submit the documentation within three (3) calendar days upon request from the City, or the bid shall be deemed non-responsive. Bidder (Business Entity) Name: Horizon Contractors, Inc. General Contractor's License No. CGC008543 Name of Sample Project SR 5 (Biscayne Blvd.) Client Name: Florida Department of Transportation (Steve McCue) Client's Phone No. (305) 795-1595 Client's Fax No. (305) 795-6181 Project Cost: $ 8, 591, 292.89 Project Completed Date: 7/30/2006 Bidder (Business Entity) Name: Horizon Contractors . Inc . General Contractor's License No. CGC008543 Name of Sample Project Grand Avenue Improvements Client Name: City of Miami (Scott Pritchard) Client's Phone No. (305) 416-1236 Project Cost: $ 3, 952, 088.17 Project Completed Date: 5/01/2006 Bidder (Business Entity) Name: Client's Fax No. (305) 416-2153 Horizon Contractors, Inc. General Contractor's License No. CGC008543 Name of Sample Project FEMA -DORM Storm Drainage and Paving Client Name: Department of Enviormental Resources Management (Alberto Arqudin) Client's Phone No. (305) 551-4608 Client's Fax No. (305) 551-8977 Project Cost: $ 7, 773, 802.96 Project Completed Date: 4 /03 /2005 BID NO. 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 9 Bidder (Business Entity) Name: General Contractor's License No. Name of Sample Project Client Name: Client's Phone No. Project Cost: Project Completed Date: Bidder (Business Entity) Name: General Contractor's License No. Name of Sample Project Client Name: Client's Phone No. Project Cost: Project Completed Date: Bidder (Business Entity) Name: General Contractor's License No. Name of Sample Project Client Name: Client's Phone No. Project Cost: Project Completed Date: Client's Fax No. Client's Fax No. Client's Fax No. (Attach Additional Pages if additional projects are to be submitted) BID NO. 27-06/07 CITY OF MLAMI BEACH DATE: 01/25/07 10 Representative Project No. 1 Project Name: SR 5 Biscayne Blvd. Project Location: SR 5 Biscayne Blvd (from 105th St. -123rd St) Brief Description of Work Performed: Landscaping, Irrigation, Cut and Fill Work, Paving, Concrete, Drainage, Asphalt, Lighting, Signalization, Vegetation Removal, Streetscape Work, Right of Way Construction, and Mainetenance of Traffic Owner: Florida Department of Transportation Address: 9999 NE 2nd Ave Suite 212 Miami Shores, FL 33138 Contact: Steve McCue Phone: (305)795-1595 Fax: (305)795-6181 General Contractor's Project Manager: Joey Sanchez Field Superintendent: Michael Serrano Awarded Contract Amount and Final Contract Amount: Final: $ 8,591,292.89 Date of Completion: 7/30/2006 Representative Project No. 2 Project Name: Grand Avenue Improvements Project Location: Grand Ave (from 37th Ave- Matilda St.) Brief Description of Work Performed: Landscaping, Irrigation, Cut and Fill Work, Paving, Concrete, Drainage, Asphalt, Lighting, Signalization, Vegetation Removal, Streetscape Work, Right of Way Construction, and Mainetenance of Traffic Owner: City of Miami Address: 444 SW 2nd Avenue Miami, FL 33130 Contact: Scott Pritchard Phone: (305)416-1236 Fax: (305)416-2153 General Contractor's Project Manager: Xavier Saivat Field Superintendent: Francisco Ferrer Awarded Contract Amount and Final Contract Amount:Final: $ 3,952,088.17 Date of Completion: 5/01/2006 Representative Project No. 3 Project Name: FEMA -DORM Storm Drainage and Paving Project Location: Various Locations Brief Description of Work Performed: Landscaping, Irrigation, Cut and Fill Work, Paving, Concrete, Drainage, Asphalt, Lighting, Signalization, Vegetation Removal, Streetscape Work, Right of Way Construction, and Mainetenance of Traffic Owner: Department of Enviormental Resources Management Address: 701 NW 1st Court Miami, FL 33136 Contact: Alberto Argudin Phone: (305)551-4608 Fax: (305)551-8977 General Contractor's Project Manager: Joey Sanchez Field Superintendent: Michael Serrano Awarded Contract Amount and Final Contract Amount:Final: $ 7,773,802.96 Date of Completion: 4/03/2005 w CITY OF MIAMI BEACH DECLARATION: NONDISCRIMINATION IN CONTRACTS AND BENEFITS Section 1 Vendor Information Name of Company:Horizon Cont_ract..nrs IncName of Company Contact Person. Joey sanchz Phone Number: (305)828-2050 Fax Number (305)820-0905 E-mail.ioev.sanchez@horizon-contractors.com Vendor Number (if known): 007892 Federal ID or Social Security Number: 640434021 Approximate Number of Employees in the U.S.: 73 (If 50 or Tess, skip to last page (29), date and sign) Are any of your employees covered by a collective bargaining agreement or union trust fund? Yes x No Union name(s): Section 2. Compliance Questions Question 1. Nondiscrimination - Protected Classes A. Does your company agree to not discriminate against your employees, applicants for employment, employees of the City, or members of the public on the basis of the fact or perception of a persons membership in the categories listed below? Please note. a "YES" answer means your company agrees it will not discriminate; a "NO" answer means your company refuses to agree that it will not discriminate. Please answer yes or no to each category. Race x Yes _ No Sex xYes _ No Color x Yes _ No Sexual orientation x Yes _ No Creed x Yes _ No Gender identity (transgender status) x Yes _ No Religion x Yes _ No i Domestic partner status x Yes _ No National origin x Yes _ No Marital status x Yes _ No Ancestry x Yes _ No Disability x Yes _ No Age x Yes _ No AIDS/HIV status x Yes _ No Height x Yes _ No Weight x Yes No B Does your company agree to insert a similar nondiscrimination provision in any subcontract you enter into for the performance of a substantial portion of the contract you have with the City? Please note: you must answer this question, even if you do not intend to enter into any subcontracts. x Yes No BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 28 Question 2. Nondiscrimination - Equal Benefits for Employees with Spouses and Employees with Domestic Partners Questions 2A and 2B should be answered YES even if your employees must pay some or all of the cost of spousal or domestic partner benefits. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? x Yes _ No B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners' or to domestic partners of employees? x Yes _No *The term Domestic Partner shall mean any two (2) adults of the same or different sex, who have registered as domestic partners with a government body pursuant to state or local law authorizing such registration. or with an internal registry maintained by the employer of at least one of the domestic partners. A Contractor may institute an internal registry to allow for the provision of equal benefits to employees with domestic partner who do not register their partnerships pursuant to a govemmental body authorizing such registration, or who are located in a jurisdiction where no such governmental domestic partnership exists A Contractor that institutes such registry shall not impose criteria for registration that are more stringent than those required for domestic partnership registration by the City of Miami Beach If vou answered "NO" to both Questions 2A and 28, go to Section 4 (at the bottom of this page), complete and sign the form, filling in all items requested. If vou answered "YES" to either or both Questions 2A and 28, please continue to Question 2C below. Question 2 (continued) C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave: other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Yes for Employees with Spouses Health ixt Dental Vision Retirement (Pension, I� 401(k), etc.) Bereavement ❑ Family Leave Parental Leave ❑ Employee Assistance ❑ Program Relocation & Travel ❑ Company Discount, ❑ Facilities & Events Credit Union ❑ Child Care ri Other ❑ Yes for Employees No, this Benefit Documentation of this with Domestic is Not Offered Benefit is Submitted Partners with this Form x r1 a ri p 1 r7 I 0 I 1 ❑ BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 29 n 0 SI 0 x7 ❑ 1 PC ❑ I Note: If you can not offer a benefit in a nondiscriminatory manner because of reasons outside your control, (e g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent, submit a completed Reasonable Measures Application with all necessary attachments, and have your application approved by the City Manager. or his designee. Section 3. Required Documentation YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked in Question 2C. Without proper documentation, your company cannot be certified as complying with the City's Equal Benefits Requirement for Domestic Partner Ordinance. For example, to document medical insurance submit a statement from your insurance provider or a copy of the eligibility section of your plan document; to document leave programs, submit a copy of your company's employee handbook If documentation for a particular benefit does not exist, attach an explanation Have you submitted supporting documentation for each benefit offered? 4Yes _ No Section 4 Executing the Document I declare under penalty of perjury under the laws of the State of Honda that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Executed this Si ture y of FP} r,rary, in the year 2007 , at Hi al Par>, , Fr, City State Jose M. Sanchez III Name of Signatory (please print) Vice President Title 8175 West 32nd Avenue # 1 Mailing Address Hialeah, FL 33018 City, State, Zip Code (See attached paperwork) BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 30 The following information is being provided to you by the Custodian in accordance with the requirements of the Internal Revenue Service. This disclosure includes a non-technical explanation of some of the rules gener- ally applicable to SIMPLE Individual Retirement Accounts (SIMPLE IRAs). The information reflects the relevant provisions of the Internal Revenue Code regarding SIMPLE IRAs as in effect on or after January 1, 2002. Please read it together with the SIMPLE Individual Retirement Account Custodial Agreement and Application, and the Fund Prospectus(es) which describes the investment options you select for your SIMPLE IRA. The provisions of the Custodial Agreement, Application and the Prospectus(es) must prevail over this Statement in any instance where the Statement is incomplete or appears to conflict. 1. If you have not received this Disclosure Statement at least seven calendar days before the establish- ment of your SIMPLE Individual Retirement Account, you have the right to revoke your SIMPLE Individual Retirement Account during the seven cal- endar day period following its establishment. In order to revoke your SIMPLE Individual Retirement Account, you must do so in writing and you must mail or deliver your revocation to the address listed on the inside back cover of this Agreement. If your revocation is mailed, the date of the postmark (or the date of certification or registration if sent by certified or registered mail) will be considered your revocation date. If you revoke your SIMPLE IRA during the seven day period, the entire amount of your account without any adjustments (for items such as administrative expenses, fees, or fluctua- tion in market value) will be returned to you. If you have any questions about your account, please call the number listed on the inside back cover of this Agreement. Lit (a) ;0 A SIMPLE IRA Plan established by your employer allows for (i) elective employer contributions on your behalf through salary reduction and (ii) employer matching contribu- tions or employer nonelective contributions. Your employer is required to deposit salary reduction contributions into the SIMPLE IRA no later than the 30th day following the last day of the month in which the deferrals are deducted from your compensation. These contributions are paid to the SIMPLE IRA that you established under the Custodial Agreement. All SIMPLE IRA Plan contributions are made to your SIMPLE IRA and are nonforfeitable. No other contributions may be made to your SIMPLE IRA. Rollovers or transfers into your SIMPLE IRA may be made only from another SIMPLE IRA. Contributions must be made in cash and cannot exceed the maximum amount allowed under the Internal Revenue Code. Salary deferral contributions made to your SIMPLE IRA are limited, as follows:' AMOUNT $ 8,000 9,000 10,000 TAX YEAR BEGINNING IN 2003 2004 2005 and thereafter (indexed beginning 2006) If you are age 50 or older,' you may be permitted to make a "catch-up" contribution to your SIMPLE IRA in addition to your regular salary deferral contributions of the lesser of your compensation for the year reduced by your other elective deferrals for the year, or the amount listed below: AMOUNT $ 1,000 1,500 2,000 2,500 TAX YEAR BEGINNING IN 2003 2004 2005 2006 and thereafter (indexed beginning 2006) In addition, your employer will either match the first 3% of compensation you defer or contribute 2% of your compensation (up to a maximum of $205,000 of compensation for 2004 and there- after, adjusted for inflation). In two out of every five years, your employer may elect to match If you are a participant in any other employer plans during the year and you have elective salary reductions or deferred compensation under those plans, the salary reduction contributions under the SIMPLE plan are also included in the annual limit of $13,000 for 2004 on exclusions of salary reductions and other elective deferrals. If the other plan is a deferred compensation plan of a state or local government or a tax-exempt organization, the limit on elective deferrals is $13,000 for 2004. You, not your employer, are responsible for monitoring compliance with these limits. 2 "Catch-up" contributions are permitted for Depositors age 50 or older, provided no other salary reduction contributions can be made for you to the Plan for the year because of limits or restrictions, such as the regular annual limit. 12 (b) less than the first 3% of compensation you defer, but cannot match less than 1% of compensation. Your employer may or may not match your "catch-up" contributions. Matching contribu- tions on behalf of a self-employed individual are not treated as salary reduction contributions. You may make an initial or subsequent contribu- tion hereunder by directing a Custodian or Trustee of an existing SIMPLE IRA or SIMPLE Individual Retirement Annuity to transfer an amount in cash to the Custodian to be invested in accordance with this Agreement. You may also transfer your contributions to another financial institution at any time. However, because the Custodian is not a "designated financial institution" under Section 408(p)(7), such a transfer is not required to be made with- out cost or penalty and deferred sales charges or other fees may be assessed against your account before the transfer is made. (i) You must be allowed to participate in your employer's SIMPLE plan if you: • Received at least $5,000 is compensation from your employer during any 2 years prior to the current year, and • Are reasonably expected to receive at least $5,000 in compensation during the calendar year for which contributions are made. (ii) Self-employed individual. For SIMPLE plan purposes, the term employee includes a self- employed individual who received earned income. (iii) Excludable employees. Your employer can exclude the following employees from partici- pating in the SIMPLE plan. • Employees whose retirement benefits are covered by a collective bargaining agree- ment (union contract). • Employees who are nonresident aliens and received no earned income from sources within the United States. • Employees who would not have been eligi- ble employees if an acquisition, disposition, or similar transaction had not occurred dur- 3. ing the year. (iv) Compensation. For purposes of the SIMPLE plan rules, your compensation for a year gener- ally includes the following amounts. 11 • Wages, tips, and other pay from your employer that is subject to income tax with- holding. • Deferred amounts elected under any 401(k) plans, 403(b) plans, government (section 457(b)) plans, SEP plans, and SIMPLE plans. (v) Self-employed individual compensation. For purposes of the SIMPLE plan rules, if you are self-employed, your compensation for a year is your net earnings from self-employement (line 4, Section A of Schedule SE (Form 1040)) before subtracting any contributions made to a SIMPLE IRA on your behalf. Beginning after 2001, for purposes of the limit on deductions for contributions to a self- employed person's SEP -IRA, net earnings from self-employment include services performed while claiming exemption from self-employ- ment tax as a member of a group conscientious- ly opposed to social security benefits. (c) The SIMPLE IRA Plan established by your employer pursuant to which contributions will be made to, and distributions will be made from, the SIMPLE IRA is the Employer's full and sole responsibility. Custodian (and its affiliates) shall not be responsible for the compliance of the SIMPLE IRA Plan with the provisions of the Code and applicable law. Such matters, including without limitation, the propri- ety and collection of contributions, the propriety of distributions and the consequences thereof, and the administration of the SIMPLE IRA Plan, are the sole responsibility of the employer. (d) If the Depositor con- templates future periodic contributions, rollovers, or transfers to (or from) the SIMPLE IRA, such contributions, rollovers, or transfers must be made in accordance with the appropriate sec- tions of the Code. It is the Depositor's full and sole responsibility to determine whether such contributions, rollovers, or transfers are in accordance with the Code. Neither the Custodian, its affiliates, NYLIFE Distributors LLC, nor NYLIFE Securities Inc., nor The MainStay Funds are per- mitted to provide tax advice, and will assume no liability for the tax consequences of any con- tribution to or distribution from the SIMPLE IRA. Generally, the same distribution (withdrawal) rules that apply to traditional IRAs apply to SIMPLE IRAs. These rules are discussed below. For purpises of this Agreement, the following terms :.hall have the meanings set forth below: A. ACTIVELY AT WORK and ACTIVE WORK means a Subscriber who is on the job and working at least 20 hours per week (25 hours per week for Groups with 1 to 50 employees)for the Group doing all of his or her normal job duties at the Group's usual place of business (or at a place to which the Group's business requires the Subscriber to travel). The Subscriber is considered to be Actively at Work on all work holidays, vacations, and scheduled non -work days if the Subscriber is at work on the day before and the day after any such period of time. The Subscriber is also considered to be Actively at Work if the Subscriber is absent from work due to Illness, Injury, or any other health reason. The Subscriber is not considered Actively At Work until the Subscriber actually commences his or her employment. A Group with 51 or more employees may designate in its Application a longer number of hours per week a Subscriber must be on the job to be Actively At Work which will be applied to Subscribers in such Group. B. ADOPTED CHILD(REN) means a child who is adopted by the Subscriber in accordance with Chapter 63, Florida Statutes. C. ADVERSE DETERMINATION means a coverage determination by the Plan that an admission, availability of care, continued stay, or other healthcare service or healthcare supply has been reviewed and, based upon the information provided, does not meet the Plan's requirements for Medical Necessity, appropriateness, healthcare setting, level of care or effectiveness, and coverage for the requested service is therefore denied, reduced, or terminated. D. APPLICATION means the Application for this Agreement completed on behalf of the Group and signed by an authorized agent of the Group. E. CALENDAR YEAR means a period of one year starting 011 January 1 and ending on December 31. F. COMPLAINT means any expression of dissatisfaction by a Member, including dissatisfaction with the administration, claims practices, or provisions of services, which relate to the quality of care provided by a provider pursuant to this Agreement. Members may submit a Complaint to the Plan or to a State Agency. A complaint is part of the informal steps of a grievance procedure and is not part of the formal steps of a grievance procedure unless it is a Grievance as defined below. G. CO -PAYMENT means a specified dollar amount established by Plan which the Member must pay directly to the Plan Provider for specified Covered Services at the time services are rendered. Co -payment amounts are set forth in the Summary of Benefits and are subject to Out -of -Pocket Maximum established by Plan. H. COVERED SERVICES means those Medically Necessary services and supplies described in this Agreement that are not otherwise excluded or limited by this Agreement. To be a Covered Service, a service must be provided by a Plan Provider in accordance with the Plan's referral and approval procedures described in this Agreement, except in the case of an Emergency Medical Condition or as otherwise expressly stated in Article V. Services provided by a Non -Plan Provider are not Covered Services unless receipt of services from such provider was approved in advance by Plan or in the case of an Emergency Medical Condition. I. CREDITABLE COVERAGE means, with respect to an individual, coverage of the individual under any of the following: 1. A group health plan, as defined in section 2791 of the Public Health Service Act; 2. Health insurance coverage consisting of medical care, provided directly, through insurance, reimbursement, or otherwise and including terms and services paid for as medical care, under any hospital or medical service policy or certificate, hospital or medical service plan contract, or health maintenance contract offered by a health insurance issuer; 3. Part A or Part B of Title XVIII of the Social Security Act (Medicare); 4. Title XIX of the Social Security Act (Medicaid), other than coverage consisting solely of benefits under section 1928; 5. Chapter 55 of Title 10, United States Code (CHAMPUS); 6. A medical care program of the Indian Health Service or of a tribal organization; 7. The Florida Comprehensive Health Association or another state health benefit risk pool; 8. A health plan offered under Chapter 89 of Title 5, United States Code (Federal Employees Health Benefits Program); 9. A public health plan as defined by rules adopted by the Florida Department of Insurance. To the greatest extent possible, such rules must be consistent with regulations adopted by the United States Department of Health and Human Services; or 10. A health benefit plan under section 5(e) of the Peace Corps Act (22 United States Code, 2504(e)). 17 Creditable Coverage does not include coverage that consists solely of one or more or any combination thereof of the following excepted benefits: 1. Coverage only for accident, or disability income insurance, or any combination thereof; 2. Coverage issued as a supplement to liability insurance; 3. Liability insurance, including general liability insurance and automobile liability insurance; 4. Workers' compensation or similar insurance; 5. Automobile medical payment insurance; 6. Credit -only insurance; 7. Coverage for on-site medical clinics, including prepaid health clinics under Part II, Chapter 641, Florida Statutes; or 8. Other similar insurance coverage, specified in rules adopted by the Florida Department of Insurance, under which benefits for medical care are secondary or incidental to other insurance benefits. J. CUSTODIAL CARE means care that serves to assist an individual for the purpose of meeting personal needs and which could be provided by persons without professional skills or training. Custodial Care includes assistance with the activities of daily living, such as assistance in walking, getting in and out of bed, bathing, dressing, feeding, and using the toilet, preparation of special diets, and supervision of medication that usually can be self-administered. In determining whether a person is receiving Custodial Care, consideration is given to the level of care and medical supervision required and furnished. A determination that care received is custodial is not based on the patient's diagnosis, type of condition, degree of functional limitation, or rehabilitation potential. K. ELIGIBLE DEPENDENT or DEPENDENT means the Subscriber's: 1. spouse by legal marriage; 2. unmarried child under age 19, until the end of the Premium Month in which the child reaches age 19; 3. unmarried child age 19 or older, until the end of the Premium Month in which the child reaches age 25, who: a. is dependent upon the Subscriber for support; and b. is a full-time student; or 4. unmarried child, who maintains his/her primary residence in the Service Area and is age 19 years or older and who, in the determination of Plan, is chiefly dependent on the Subscriber for support and maintenance and incapable of self-sustaining employment as a result of mental 18 retardation or physical handicap which commenced prior to the time such child reached his or her 19th birthday. Satisfactory proof of such incapacity, certified by a physician, and dependency must be furnished to Plan by the Subscriber within 30 days of such child's 19th birthday and within 30 days of each birthday thereafter. In addition to a physician's certification of incapacity, Plan may make an independent assessment of incapacity. In the event the child ceases to be incapable of self-sustaining employment as set forth above, eligibility automatically terminates as of the end of the Premium Month in which the child ceases to be so incapable. "Child" means the Subscriber's natural child, legally adopted child, step -child dependent upon Subscriber for support, or a foster child placed in the Subscriber's custody temporarily or otherwise by a court order, who is, except as otherwise provided above, supported solely by the Subscriber and residing in the Subscriber's household. "Child" includes a court ordered, non-custodial child of the Subscriber due to dissolution of marriage under Chapter 61, Florida Statutes, if such child resides in the Service Area. "Full-time student" means a person who is enrolled in and attending School on a full-time basis. A Registrar's letter of full-time status confirmation as evidence thereof must be provided upon the Plan's request. Full-time status is determined in accordance with the standards set forth by the School, but at a minimum, to be considered a full-time student, the student must be enrolled and attending school for at least twelve credit hours per semester. A person is no longer a full-time student at the end of the Premium Month during which the person graduates or is otherwise no longer enrolled and in attendance at the School on a full-time basis. A person continues to be a full-time student during periods of vacation as established by the School. Eligible Dependents do not include any spouse or child: 1. whose principal place of residence is not the same as the Subscriber's, or in the case of a non-custodial child under Florida Statutes, Chapter 61, who resides outside the Service Area; 2. who spends more than 90 days (consecutive or non- consecutive) in any Calendar Year outside the United States for any reason, except when enrolled as a full-time student or Eligible Dependent who has been temporarily assigned for a period of less than six months by his/her employer; 3. who is in the military forces of any country; or 4. who is unable to receive routine care within the Service Area due to any reason. L. ELIGIBLE EMPLOYEE means a person Actively at Work with the Group who works or resides in the Service Area and is eligible to enroll as a Subscriber under this Agreement. An individual is considered to work within the Service Area when the physical location from which he/she performs substantially all of his/her work-related activities is physically located within the Service Area. An Eligible Employee does not include any person: 1. who spends more than 90 days (consecutive or non- consecutive) in any Calendar Year outside the United States for any reason; 2. who is a seasonal or temporary employee; 3. who no longer works or resides in the Service Area; or 4. who is unable to receive routine care within the Service Area due to any reason. M. EMERGENCY MEDICAL CONDITION means: 1. A medical condition manifesting itself by acute symptoms of sufficient severity, which may include severe pain or other acute symptoms, such that the absence of medical attention could reasonably be expected to result in any of the following: a. serious jeopardy to the health of a patient, including a pregnant woman or fetus; b. serious impairment of bodily functions; c. serious dysfunction of any bodily organ or part; 2. With respect to a pregnant woman, an Emergency Medical Condition also means: a. that there is inadequate time to effect safe transfer to a Plan Hospital prior to delivery; b. that such a transfer may pose a threat to the health and safety of the patient or fetus; or c. that there is evidence of the onset and persistence of uterine contractions or rupture of the membranes. N. EMERGENCY SERVICES AND CARE means medical screening, examination, and evaluation by a Physician, or, to the extent permitted by applicable law, other appropriate personnel under the supervision of a Physician, to determine if any Emergency Medical Condition exists and, if it does, the care, treatment, or surgery for a Covered Service by a Physician necessary to relieve the Emergency Medical Condition, within the service capability of a Hospital. 0. ENROLLED DEPENDENT means an Eligible Dependent who is properly enrolled for coverage under this Agreement. P. ENROLLMENT DATE means the date of enrollment of the individual covered under this Agreement or, if earlier, the first day of the Waiting Period of such enrollment. Q. ENROLLMENT FORM means the enrollment application completed and signed by the Subscriber providing necessary information for the Plan, listing all Eligible Dependents who are to become Members hereunder on the Individual Effective Date, and showing the Members' choices of Primary Care Physicians. R. EXPERIMENTAL, INVESTIGATIONAL, OR OBSOLETE SERVICES means, unless otherwise required by law, any evaluation, treatment, therapy, or device which involves the application, administration or use of procedures, techniques, equipment, supplies, products, remedies, vaccines, biological products, drugs, pharmaceuticals, or chemical compounds (hereinafter, collectively referred to as "services"); any hospitalization in connection with such services; or any complication thereof if, as determined solely by the Plan, such services are experimental, investigational or obsolete. Experimental or investigational means that Plan determines the service is: 1. not of proven benefit for the diagnosis or condition at issue; or 2. not generally recognized by the medical community as reflected in the published peer -review medical literature as effective or appropriate for this particular diagnosis or treatment of Member's particular condition. Obsolete means that the service is not generally used or recognized by the medical community as effective for the particular diagnosis or treatment of Member's condition. Governmental approval of a service will be considered, but is not necessarily controlling, in making a determination as to whether a service is of proven benefit or appropriate or effective for a particular diagnosis or treatment of Member's particular condition. S. GENERAL PATIENT INFORMATION means routine medical, clinical and demographic information about Members. Examples of General Patient Information include, without limitation, clinical information on claims forms, any Member information loaded and maintained in computer systems, telephone logs, demographic information from Groups, medical histories, and information obtained about Members from Plan Providers and Non -Plan Providers. T. GRIEVANCE means a written Complaint submitted by or on behalf of a Member to the Plan regarding: 1. availability, coverage for the delivery, or quality of healthcare services, including a Complaint regarding an Adverse Determination made pursuant to utilization review; 2. claims payment, handling, or reimbursement for healthcare services; or 3. matters pertaining to the contractual relationship between a Member and the Plan. Only those providers who have been directly involved in the treatment or diagnosis of the Member relating to the Grievance may submit a Grievance on behalf of a Member. 19 U. HOME HEALTH CARE means Home Health Services provided by a Home Healthcare Agency for the care and treatment of the patient who is confined to home and under the direct care and supervision of a Physician. V. HOME HEALTH CARE AGENCY means an organization duly licensed as a Home Healthcare Agency under the laws of the state in which it is located. An agency operated by state or local government, which provides Home Health Services in the home in accordance with applicable laws, is also considered a Home Healthcare Agency. W. HOSPICE means an agency or organization that is licensed, accredited or approved under the laws of the jurisdiction in which services are provided, to provide counseling and medical services (and may include room and board) to a Terminally Ill person. X. HOSPITAL means an institution that: 1. is licensed and operated as a hospital under the laws of the state where it is located; and 2. is accredited as a hospital by the Joint Commission on Accreditation of Healthcare Organization or by the American Osteopathic Association. In no event shall the term "Hospital" include a convalescent nursing home or any institution, or part thereof, which is used primarily as a convalescent facility, rest facility or nursing facility for the aged, an ambulatory surgery center, a facility for the care and treatment of mental disorders, alcoholism and drug dependency, or a facility which primarily provides custodial or rehabilitative care. Y. IDENTIFICATION CARD means the document of identification issued to Members by the Plan. Z. ILLNESS means a physical, mental or nervous disorder, or any condition determined by the United States Center for Disease Control (CDC) to be predictive of an immune disorder, including all related or resulting diseases and conditions. AA. INDIVIDUAL EFFECTIVE DATE means the first date as of which a Member is entitled to obtain Covered Services under this Agreement. AB. INITIAL ENROLLMENT PERIOD means the first 30 day period for which an individual is eligible to enroll for coverage under the Plan, whether or not such individual chooses to enroll. AC. INJURY means an accidental bodily injury sustained by the Member that is the direct cause of the need for Covered Services under this Agreement. Such injury must be independent of disease, bodily infirmity or other cause. AD. INPATIENT or INPATIENT HOSPITAL SERVICE means admission to a Hospital for bed occupancy for the purpose of receiving 20 Medically Necessary Inpatient Hospital Services. A Member is considered a Hospital Inpatient if formally admitted to the Hospital as an Inpatient by a Physician's order. An Inpatient admission occurs when accompanied by the expectation that the Member will remain in the Hospital at least overnight and occupy a bed even though he/she may be discharged or transferred the same day. AE. LARGE EMPLOYER means an employer that is actively engaged in business, has its principal place of business in the State of Florida, and employed 51 or more Eligible Employees on one or more business days during the preceding calendar year. AF. LATE ENROLLEE means an Eligible Employee or Eligible Dependent who requested enrollment after his or her initial enrollment period (i.e., after the first 30 days of his or her eligibility to enroll for coverage under this Agreement). AG. MAXIMUM LIFETIME BENEFIT means the total dollar limit paid on behalf of a Member during his/her lifetime for any Covered Service or set of Covered Services. AH. MEDICALLY NECESSARY means a Covered Service that the Plan determines: (1) is appropriate, consistent and necessary for the symptoms, diagnosis or treatment of a medical condition; (2) is likely to result in demonstrable medical benefit; (3) is not provided primarily for the convenience of the Member, the Member's family, attending or consulting Physician, or other healthcare provider; (4) is not custodial or supportive care or rest cures; (5) is in accordance with standards of good medical practice in the medical community; (6) is approved by the Food and Drug Administration (FDA) or the appropriate medical body or board for the condition in question; and (7) is the most appropriate, efficient and economical medical supply, service, level of care or location which can be safely provided to treat the Member. When used in relation to Hospital Inpatient Service, Medically Necessary services only include those services and supplies that cannot be safely and satisfactorily provided at home, in a physician's office, as an outpatient, or in any lesser facility. Medical Necessity, when used in relation to services or supplies, shall have the same meaning as Medically Necessary. AI. MEMBER means the Subscriber, and if dependant coverage is in force, his or her Enrolled Dependents. AJ. MENTAL AND NERVOUS DISORDERS means mental and nervous disorders as defined in the standard nomenclature of the American Psychiatric Association. AK. NEWBORN CHILD(REN) means the first 60 days of life from and including the date of birth of the child(ren). AL. NON -PLAN PROVIDER means a Hospital, Physician or other provider of healthcare goods and services that is not a Plan Provider at the time the healthcare service or supply is provided. AM. OPEN ENROLLMENT PERIOD means: (1) for Groups with less than 2 employees, Open Enrollment must occur from August 1st through August 31st of each year the Agreement is in effect; (2) for Groups with 2 to 50 employees, a 30 day time period immediately prior to the anniversary date of the Effective Date; and (3) for Groups with 51 or more employees, a 30 -day time period immediately prior to and a 30 -day time period directly after the anniversary date of the Effective Date. During the Open Enrollment Period, Eligible Employees and Eligible Dependents who have not previously enrolled with the Plan may enroll. The Open Enrollment Period occurs at least once every 12 months. AN. OUT OF POCKET MAXIMUM means a specified limit to the amount of Co -payments a Member or a Member's family covered under this Plan, as the case may be, are obligated to pay in a Calendar Year. The Out Of Pocket Maximum are set forth in the Summary of Benefits. AO. OUTPATIENT or OUTPATIENT SERVICES means Covered Services that are not of Inpatient Hospital Services. A Member is considered to be an Outpatient when he/she is a patient of an organized medical facility or distinct part of such facility and, in the judgment of the Plan, is expected to receive professional services, including observation services, on an outpatient basis for less than a 24-hour period, regardless of the time of admission, whether or not a bed is used, or whether or not the Member remains in the facility past midnight. AP. PHYSICIAN means an individual who is duly licensed to provide medical services by the state(s) in which he or she is practicing and who is acting within the scope of such license. A Physician shall include a doctor of medicine licensed under the following Florida statutes: Chapter 458, a doctor of osteopathy licensed under Chapter 459, a doctor of podiatry licensed under Chapter 458, an ophthalmologist licensed under Chapter 458 or Chapter 459, and a chiropractic physician licensed under Chapter 460, Florida Statutes. AQ. PHYSICIAN'S SERVICES means professional services or medical care rendered by a Physician when Medically Necessary for the diagnosis or treatment of an Illness or Injury. To the extent a Physician employs or engages a nurse practitioner or physician assistant to provide services under the Physician's supervision, directly or indirectly, these providers may provide Covered Services consistent with their scope of practice. AR. PLAN HOSPITAL means a Hospital that has a written contract in force with the Plan to render Covered Services to Members. AS. PLAN MEDICAL DIRECTOR means a Physician employed by the Plan, or his or her appointed designee. AT. PLAN PROVIDER means Hospitals, Physicians, and other providers of healthcare goods and services who have written contracts in force with the Plan to render such goods and services that they are licensed, certified or otherwise authorized by the Plan to provide to Members. Plan Providers may also include the following Providers licensed under Florida Statutes: psychologists licensed pursuant to Chapter 490, mental health counselors licensed pursuant to Chapter 491, marriage and family therapists licensed pursuant to Chapter 491, clinical social workers licensed pursuant to Chapter 491, optometrists licensed under Chapter 463, certified nurse anesthetists and nurse midwives licensed under Chapter 464, nurse practitioners licensed under Chapter 464, and physician assistants licensed under Chapter 458, Florida Statutes. AU. PLAN PHYSICIAN means a Physician who has a written contract in force with the Plan to render Covered Services to Members. AV. PLAN PHYSICIAN OFFICE(S) means the offices and clinical facilities operated by or for Plan Physicians to provide Covered Services to Members under this Agreement. AW. PLAN SPECIALIST means a Specialist who has a written contract in force with the Plan to render Covered Services to Members, and to whom a Member is referred for consultation or treat- ment by the Member's Primary Care Physician or the Plan. AX. PRE-EXISTING CONDITION, as set forth in Article VII Exclusions and Limitations, means: For groups with 2 to 50 employees and groups having fewer than 2 employees with Creditable Coverage, a physical or mental condition, regardless of the cause of the condition, for which medical advice, diagnosis, care or treatment was recommended or received during the six month period immediately prior to the Individual Effective Date. For groups having fewer than 2 employees without Creditable Coverage, a condition that, during the 24 -month period immediately preceding the Effective Date of coverage, had manifested itself in such a manner as would cause an ordinarily prudent person to seek medical advice, diagnosis, care, or treatment or for which medical advice, diagnosis, care, or treatment was recommended or received, including a pregnancy existing on the effective date of coverage. AY. PREMIUM means the amount charged by the Plan for all benefits and services covered under this Agreement. AZ. PREMIUM DUE DATE means either the first or the fifteenth day of the calendar month when the Premium under this Agreement is due in full, as selected by the Group on its Application and approved by the Plan. BA. PREMIUM MONTH means the period of time which runs from one Premium Due Date to the next Premium Due Date. BB. PRIMARY CARE PHYSICIAN is a Plan Physician who has a written contract in force with the Plan and is responsible for providing, prescribing, authorizing and coordinating the medical care and treatment of the Member. 21 BC. PRIOR AUTHORIZATION OR PRE -AUTHORIZATION OR PRE -CERTIFICATION means that the Plan has determined that the admission, surgery, care, treatment or other service or supply is Medically Necessary and appropriate for the diagnosis and condition of the patient and, therefore, is eligible for coverage under the Agreement. Pre -Certification/ Prior Authorization does not, however, guarantee or confirm benefits under this Agreement. Benefits are subject to eligibility at the time charges are actually incurred and all other terms, provisions, exclusions and limitations under this Agreement. Pre-Certification/PriorAuthorization decisions are decisions concerning reimbursement and do not replace nor are they intended to influence the treatment decisions of the Member's Physician. BD. SCHOOL means a public or private secondary school, accredited college or university, or licensed trade school. BE. SERVICE AREA means Miami -Dade, Broward, and Palm Beach Counties, Florida. BF. SKILLED NURSING FACILITY means an institution that: 1. is licensed by the state laws where it is located and operated as a Skilled Nursing Facility as defined by those state laws; 2. provides skilled nursing services and is not primarily a place for rest, Custodial Care, senility care, drug addiction, alcoholism, mental retardation, psychiatric disorders, or chronic brain syndromes, nor a nursing home or place for the aged; and 3. is accredited as a Skilled Nursing Facility by the Joint Commission on Accreditation of Healthcare Organizations, as a Certified Acute Rehabilitation Facility, or approved by Medicare. BG. SMALL EMPLOYER means any person, sole proprietor, self-employed individual, independent contractor, firm, corporation, partnership, or association that is actively engaged in business, has its principal place of business in the state of Florida, employed not more than 50 Eligible Employees on business days during the preceding calenda year, and employs at least one employee on the first day o the Agreement Year and throughout the Agreement Year. BH. SPECIALIST means a Physician who specializes in a particula field of medicine. BI. SUBSCRIBER means the Eligible Employee who has enrollee under this Agreement. BJ. TERMINALLY ILL means that the Member has a medica prognosis, as certified by a Plan Physician, of a life expectancy of six months or less. BK. URGENT GRIEVANCE means a Grievance regarding ar Adverse Determination when the standard time frame o the Grievance procedure would seriously jeopardize the lift or health of a Member or would jeopardize the Member': ability to regain maximum function. BL. URGENT CARE SERVICES means services for an unforeseer illness, injury, or condition, that, although not an Emergency Medical Condition, (i) could result in serious injury of disability unless medical attention is received or (ii; substantially restricts the member's activities.. BM. USUAL, CUSTOMARY AND REASONABLE or UCR means charges for Covered Services which, as determined solely by the Plan, are representative and reasonable charges for the geographic area in which the Covered Service was rendered. The Plan may consult the Medicare fee schedule. Health Insurance Association of America data, the Florida Relative Value Study, and other available sources to make usual, customary and reasonable fee determinations. For reimbursement purposes, in no event will a provider be reimbursed UCR when provider's actual charges are less than the UCR established by the Plan. BN. WAITING PERIOD means the period of time specified in writing by the Group, which must follow the date a Subscriber is employed by the Group before such Subscriber and his/her Eligible Dependents, if any, may be entitled to receive Covered Services under this Agreement. A. EFFECTIVE DATE. This Agreement shall become binding upon the parties hereto upon the Execution Date. It becomes effective as a Group Service Agreement on the Effective Date indicated on page one of this Agreement, subject to the conditions precedent listed thereon. 22 B. TERMINATION OF AGREEMENT 1. Termination by Group. This Agreement may be terminate by the Group upon not fewer than 30 days written notice t the Plan. Such termination shall become effective at the en of the Premium Month for which the last Premium paymei was made in full. CITY OF MIAMI BEACH REASONABLE MEASURES APPLICATION Declaration: Nondiscrimination in Contracts and Benefits Submit this form and supporting documentation to the City's Procurement Division ONLY IF you: a Have taken all reasonable measures to end discrimination in benefits; and b. Are unable to do so; and c. Intend to offer a cash equivalent to employees for whom equal benefits are not available. You must submit the following information with this form' 1. The names, contact persons and telephone numbers of benefits providers contacted for the purpose of acquiring nondiscriminatory benefits; 2. The dates on which such benefits providers were contacted; 3. Copies of any written response(s) you received from such benefits providers, and if written responses are unavailable, summaries of oral responses; and 4. Any other information you feel is relevant to documenting your inability to end discrimination in benefits, including, but not limited to, reference to federal or state laws which preclude the ending of discrimination in benefits. I declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Horizon Contractors, Inc. 8175 West 32nd Avenue Suite # 1 Name of Compa ase print) Mailing Address of Company Signie Jose M. Sanchez III Hialeah, FL 33018 City, State, Zip (305)828-2050 Name of Signatory (please print) Telephone Number Vice President Title February 26,2007 Date BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 31 o a`) a U o 0 m O as o M .a) Q U coda) co O N N _ a) C • O c 3 U a }, c.N Y o v� N E cc 0 0 a) d°' Q m ° 3 C >_D r U Dominic Gonsalves, Jr. Homestead Paving, Co. Oa) C• c a) co a)� LC 0 c 2a) 0 c N O N 9 m i iJ CD O Qcn LL N LE d O UJ cd W c co cp r. O (nu) � 1) Q On E Q T i UN Ny O c N C L N U • ,r U Q O N ' w c V) uL C V (A� O O w U Nd 0 C a 0 O • > L.L. w L I / O O V, 17; fa U N O L o - > a N 2 N LL •— w`a O -) U j To > N ca o O coU 'C O • 0 O _ cU c0 E N • 0 N N .9 N O c0 u dcn O c Y O O to c`p U 0 0 Ca s cu a • J E O O w Jorge Freire Vila & Son, Inc. U JOSE M. SANCHEZ III OBJECTIVE EXPERIENCE EDUCATION To consistently improve production rates without compromising custormer satisfaction or employee safety. 1993—Present Horizon Contractors, Inc. Vice President ■ Directly involved with all estimating projects. • Supervision of Project Managers. • Coordination of company wide logistics. • General managerial duties. Hialeah, FL 1997-2003 Florida International University • Obtained a Bachelors of Science in Civil Engineering. EXPERTISE Over 10 years of experience in the following types of projects: • Drainage • Highway • Signalization • Lighting LICENSURE • Landscaping • Guardrail • Asphalt • Water and Sewer Miami, FL • Florida Board of Professional Engineers EI Certification ■ Miami Dade County Paving Engineering Liscense • State of Florida General Contractors Liscense • State of Florida Underground Contractors Liscense • Asphalt Level I & II Certification ■ Earthworks Level I & II Certification • Quality Control Manager Certification OVERVIEW • With over 10 years experience, I have a vast knowledge of all aspects of a highway project. I have directly supervised over $30,000,000 worth of projects, with activities ranging from drainage and paving to highway lighting and signalization. For my span of over 10 years, I take pride in saying that not one of my projects have been completed outside of its time parameters. FAX (305) 820-0905 • JOEY:SANCHEZ@HORIZON-CON I3 cTORS.COM 18079 NW 90TH AVE • MIAMI, FL 33018 • PHONE (305) 823-7046 481 East 18th Street Phone 305-888-6804 Hialeah, FL 33013 Fax 305-820-0905 Francisco Jose Ferrer Experience Education 1998—Present Horizon Contractors, Inc. Hialeah, FL Superintendent • Field Engineering • Construction project surveying. 1991-1998 Capo Group Miami, FL Project Manager / Superintendent ■ Engineering site work, water distribution systems, sewer collection systems, storm drainage systems, and highways 1990-1991 Volker-Stevin Construction, Inc. Miami, FL Supervisor ■ Drainage supervisor - Constructed drainage on 1-95 from NW 95th street to 125th street 1988-1990 Archer Western Contractors, Ltd. Miami, FL Senior Layout Engineer ■ In charge of projects such as: - Griffin Road Bridge, Julia Turtle Causeway, Sunny Isle Bascular Bridge, 167th Street Flyover Bridge and Road works. 1987-1988 Word Land International, Inc. Miami, FL Chief Engineer ■ In charge of all engineering work and land surveying. - Projects including parts of 1-95, 1-75, 1-595, SR 94, and SR 80. 1984 University of Miami Miami, FL ■ Special course for civil engineer Continuing Education Program. 1981-1983 Miami Dade Community College Miami, FL • English as second language. 1970-1972 University of Havana Havana, Cuba • Civil Engineering and Land Surveying 1967-1970 Cuban Institue of Cartography Havana, Cuba • Civil Engineering MAKE BACKHOE JOHN DEERE CATERPILLAR JOHN DEERE JOHN DEERE JOHN DEERE JOHN DEERE JOHN DEERE JOHN DEERE JOHN DEERE DOZER CASE CATERPILLAR CATERPILLAR CATERPILLAR EXCAVATOR CATERPILLAR CATERPILLAR CATERPILLAR JOHN DEERE CATERPILLAR CATERPILLAR FORKLIFT CATERPILLAR CATERPILLAR GRADER KOMATSU CATERPILLAR LEE -BOY CATERPILLAR CATERPILLAR LOADER CATERPILLAR CATERPILLAR CATERPILLAR CATERPILLAR CATERPILLAR CASE CATERPILLAR CATERPILLAR CATERPILLAR JOHN DEERE JOHN DEERE CATERPILLAR JOHN DEERE JOHN DEERE MILLING MACHINE WIRTGEN HORIZON MASTER EQUIPMENT LIST 310E (2X4) 416D (2X4) 310G (2X4) 310G (2X4) 310G (4X4) 310G (4X4) 310G (4X4) 310G (4X4) 310G (4X4) 450C D5M XL D5C SERIES III D5M XL 225D LC EL 300B 325BL 17ZTS 330CL 345B If DP70 P6000 -D GD 605A-3 140G 685 (SMALL GRADER) CATERPILLAR 1214 CATERPILLAR 1211 930 950 936E 938F 938F 1845C SKID STEER 936 928G 938G 6241 325 SKID STEER 938G SERIES 1I 624J 6241 W2000 MODEL Page 1 YEAR CODE 1999 B-7 2002 B-10 2002 B-11 2003 B-12 2004 B-13 2005 B-14 2005 B-15 2005 B-16 2006 B-17 1988 D-3 1997 D-6 2000 D-7 2001 D-8 1992 E-2 1991 E-3 1999 E-4 2003 E-5 2003 E-6 2005 E-7 2000 F-2 2004 F-3 G-3 1987 G-4 2002 G-6 1999 G-7 2005 G-8 1974 L-1 1977 L-2 1992 L-5 1996 L-6 1997 L-7 1994 L-8 1987 L-9 2001 L-10 1998 L-11 2004 L-12 2005 L-13 2005 L -I4 2005 L-15 2006 L-16 2004 MILL -1 SERIAL NO. TO310EX BFP05543 T0310GX909887 T0310GX919545 T03I0GX939315 T0310GX944590 T0310GX949547 T0310GX951381 T0310GX952428 GBE0001566 4BR00312 5HS00783 6GN02404 2SJ01034 3FJ00481 2JR02417 FF017ZX210115 DKY00875 AGS02647 T20060490 AT14E00114 57135 72V10403 685500 4XM02309 AMZ00559 4I K7734 081J10193 04SB02642 I KM01963 1 KMO2130 JA F0134616 33Z03143 6XR03037 6WS00526 DW624JZ593287 T0032513100088 RTB00569 DW624JZ600216 DW624J2604200 6.20.0588 MAKE W IRTGEN ROLLER DYNAPAC CATERPILLAR 1MGRAM ROLLER CATERPILLAR CATERPILLAR HAMM BOMAG CATERPILLAR BOMAG BOMAG HAMM BOMAG HAMM EOUIPMENT LEE -BOY LEE -BOY SWEEPER SUPERIOR KUBOTA TRACTOR TRUCKS AUTOCAR FORD INTERNATIONAL MACK FORD FORD FORD INTERNATIONAL INTERNATIONAL INTERNATIONAL INTERNATIONAL FORD MACK PETERBILT FORD FORD FORD FORD PETERBILT PETERBILT FORD PETERBILT PETERBILT PETERBILT PICK UPS CHEVROLET FORD FORD FORD MODEL W2200 CC122 (DBL. DRUM - SMALL ROLLER) CB -214C (DBL. DRUM - SMALL ROLLER) CS563D AW (SINGLE DRUM LARGE ROLLER) CB -214D (DBL. DRUM - SMALL ROLLER) HDI2 (DBL. DRUM - SMALL ROLLER) BW 120AD-3 (DBL. DRUM - SMALL ROLLER) CS -563 DAW (SINGLE DRUM LARGE ROLLER) BW I 24PDB-3 BW211 D-3 HM3412 BW I24DH HD090V 1MODEL7000DL 1L150T SPRAYER BROOM DT80C L4630GSTC (W/ HYDR. SWEEPER) DUMP TRUCK F-700 - FUEL & LUBE TRUCK WATER TRUCK TRACTOR AEROMAX L9000 - DUMP TRUCK F-350 - UTILITY TRUCK F-9000 - DUMP TRUCK S1600 WATER TRUCK 51700 WATER TRUCK S1600 - UTILITY TRUCK WATER TRUCK DUMP TRUCK DUMP TRUCK TRACTOR F650XL - FUEL & LUBE F450 - UTILITY TRUCK F550XL - UTILITY TRUCK F550XL - UTILITY TRUCK DUMP TRUCK DUMP TRUCK F800 - WATER TRUCK TRACTOR DUMP TRUCK DUMP TRUCK CHEV (1995) F250 W/ TOOL BOX F250 W/ TOOL BOX F250 W/ TOOL BOX Page 2 YEAR CODE SERIAL NO. 2005 MILL -2 8.21.0182 1995 R-4 60111180 1998 R-6 9XK00876 R-7 432547-G99 2000 R-8 9MW00286 2002 R-9 1TZ00712 2002 R -I0 45447 2003 R -ll 101170518876 2000 R-12 9MW00452 2004 R-13 901581281037 2004 R-14 101580851065 2005 R-15 1601223 2006 R-16 901581271137 2004 R-17 HM1531342 2004 PAVE2 41709 2005 44185 2004 S-1 804155 2006 S-2 34933 1987 T-4 1 WBPCCJE3HU303I04 1987 T-10 IFDNT74P3HVA64816 1982 T-14 TAF1958CCAI8109 1988 T-16 1M2N187Y41W020355 1992 T-17 IFTYS95R8NVA23271 1994 T-18 1 FDLF47FXREA20684 1984 T-19 IFDYA92W2EVA18379 1986 T-20 1 HTLAHGL5GHA6040I 1986 T-21 1HTLCHYN3GHA19341 1987 T-22 I HTLAHGL2HH512397 1987 T-23 I HTLAHGL3HH512392 1984 T-24 1 FTYA90W8EVA54794 1996 T-25 I M2AA 13YXTWO67078 1996 T-26 1XP5DB9X2TN360530 2000 T-27 3FDNF65A7YMA06858 2000 T-28 1 FDXF46F5YEA23252 2001 T-29 I FDAF56F 11 EA62633 2001 T-30 1 FDAF56FXI EA62629 2005 T-31 1NPALT0X85N850374 2005 T-32 INPALTOXX5N850375 1998 T-33 IFDPF80C9WVA14167 2005 T-34 1 XPGDU9X95N871689 1996 T-35 1XPCDR8X6TN404823 1994 T-36 1XP5DR9X9RD349239 1995 P-7 1GCF24S1SE223663 1999 P-8 1 FTNF20L4XEB79490 1999 P-9 IFTNF2OLXXEB69899 2001 P-10 IFTNF20L2IEB69094 MAKE FORD FORD FORD FORD FORD FORD FORD FORD FORD FORD FORD FORD FORD FORD FORD FORD VAN FORD CARS FORD MERCEDES BMW GMC GMC FORD TRAILERS CHANNEY HORIZON GREAT DANE TORINO EAGER BEAVER LEE BOY EAGER BEAVER ANDERSON MODEL F250 W/ TOOL BOX F250 W/ TOOL BOX F250 W/ LIFT GATE F250 W/ TOOL BOX F250 W/ TOOL BOX F350 W/ TOOL BOX AND CRANE FI50 HERITAGE F150 HERITAGE F250 W/ TOOL BOX F250 W/ TOOL BOX FI50 F250 W/ TOOL BOX FI 50 F150 F250 F250 E-150 EXPEDITION IE500 1745 Li 'YUKON YUKON F350 DIESEL LOWBOY DOT DRILL TRAILER TRANSPORT FLATBED ( 7.9 x 48 ) TONS 1EQUIPMENT (6 x 16) 5 TONS 1556SL3 FLATBED 55 TONS IL 150T - TACK DISTRIBUTOR 115 HDB EQUIPMENT ( 8.6 x 27) 15 TONS 1UTILITY (5 x 8) 1.75 TONS Page 3 YEAR CODE 2001 2001 2001 2002 2003 2004 2004 2004 2005 2005 2005 2006 2006 2006 2006 2006 2006 2002 2004 2005 2005 2007 2006 1972 1995 2005 2005 2005 2005 2006 2006 SERIAL NO. P-1 I I FTNF20L2I EB80693 P-12 I FTNF20L41 E1345587 P-13 1FTNF20L81ED03929 P -I4 I FTNF20L42EA26262 P-15 3FTNF20L53MB24938 P-16 1 FTSF30L34EA96217 P-17 2FTRF17214CA98182 P -I 8 2FTRF17204CA79865 P -I9 1 FTNF20585EB67941 P-20 1 FDNF205X5EB45161 P-21 I FTRF 12245NC 11352 P-22 1 FDNF20526EA27817 P-23 1 FTRX I2 W 36N B 8 1830 P-24 I FTRX12W06NB81719 P-25 1 FDNF20596EB08202 P-26 1 FDNF20526EA79500 V-1 1 FTRE I 4WX6HB29575 I FMRUI 5W62LA77225 WDBUF70174A509843 WBAGN63505DS58686 1 GKEC 13T35R 123503 1 GKFK638X7J288336 IFTWW33P66EC28017 721565LBT35 HFL4563019551080B 1 GRDM9629XM036202 121EP16275 M01340 112SD55245L069416 44185 112HBT32X6L063371 4YNBN08196C042321 O. o2 E] c/$ EZ2 00) \ g' ,Tc. ) #$' 7 k2t §2 / o ` CO _ ® E E±7 £2-o©£ oTs•--'- >, a © © 2 o cc c§ c/ co 0 o Et = a� . w oiNN §��k^�_ is ;L 0 g. a e £ 0fƒ 7.c ■ _ § ƒ 0 x -) 0 i\2 \ .f a , o £@% --7— \k 0. � K& 15 2k� c .. 2% Z e c§§ UJ 2 z E E w . e e § _0/2 Q22 t2z 0 2 e %© x 2 as as x §�� a ce 2 a.§� E E 7 2 E- \\$ 0 0� % 0 IL o$% 0a= —E 0(ƒ /$ � C. fƒ_ § (General Contractor, Prime Contractor, etc) (Construction Project Manager, Construction Superintendent...etc.) E ECTS (CONTRACTOR) u. 0 1— 0w Va 8,591,292.89 1,621,126.78 EA CO Eft CY) 7,773,802.96 COCO v CO 0 0 o O N N N NO no 0 CO CO 0s�, CO u) C 0 O M CLIENT NAME 1- 0 0 LL (305) 795-1595 City of Hialeah (305) 687-2632 (305) 687-2611 E (O _ E L L r o 2 o Z m o O 0 (305) 957-3502 (305) 948-2925 1(305)416-12361(305)416-2153 ADA Engineering (305) 551-8977 (305) 551-4608 N U U N w O = a` FIRST NAME W 0 0 a) a ... O > N O 0 r _ m CO Li (/) Q CN CO O O O 0 0 O 0 co 0 O 0-- Cl CO co (O N- CO O) O .-- N M sf (n O CN CN CN CN 0 0 0 0 0 0 0 0 0 0 C) 0 0 0 O O O 0 0 O 0 O 0 0 > 0 0) L U c° a) E (a E N N c t (O E (6 E O CN CO y 8 c _c a) 0 3 o 0 a`) m (Tw E 7 C c E o E 7 (n Eco E 'x r- MI E 0 0 w 10 y�O O C c ca co 0 a) N O C a) c O C 0 rn .� NN N8 2 8=C C O E O O a�w 0 0 o 0 c a)�r. 1) E E 7 7 C c E E L ii E E . U C E V) a) d E _c O L _ o -- (° °' N c C -o a) .5 N 0 O U C a) N CO 0 `o (1) J u_ u EFERENCE PROJECTS (PROJECT MANAGER) $ 2,840,071.83 co r co (O N V N N CO a- CO M N O CO u? LO 69 69 C9 0 0 0 0 0 0 N N N 0) 0 CO M Mr LO 0 0 N 1,321,935.62 (D r 0 0) r N N o0 O o 0o co co O M N (O • .n co ✓ D) M N: 69 E9 69 69 0 (O (D N O O O N o o N N N O c7 CO M ao v 1° v PROJECT NAME CLIENT NAME a) N °O° NN_°EEcN_ L a) — 3 v) Ja) m".c °E .ca a) - a ° mR c > G) o C ° (co ° ' cc N ° ° > `73 "" C a c a> CD > c )5o m o a)p o m` W C-) 115cl- LL O a >� •C �� N� .5C a G= "1 C ° Q c E L .� (n c° p < 0 co IX O >. w t (O O UJ N (n () (O N O O) U > ° < -O � zg(_,�ww (Ec E L L o 0 > N CO CO '_ )) a) a) a) `O O O C_ t m m L N 0 ._ ° t w (6 ° ° Q a) co O E _ C 6, Q 0° L o Y C O E ° 0 111 « N 2 > O • O _ood QU m U> n f E >' • y U c�`c 0o NMS wci 3 ° O LO v 0 al Lo0 N O co O) e- CO N O . 1 r N a- CO (D a) a) (O r CO (n N a) E _c 0) M kr) kr) CO a 0 0 0 0 0 o 0 E o M co M M M M_ _ —m E o (O LLE E co O O N (D CO 0r O M N E -X r w W n co m rnr o (ONN c (OM I- = w - N N N (D � � N m n r o0 00 CO (N CO . E E , j 0 2 co W y N- Z O) (0 N L (O r (D Q) 0) CO tO (O Nf OO Q) D0 • 0 O O 0 0 0 0 0 0 C CO M M CO M CO CO M °° (1) C a) c O r O N -c N N N a) a) -C c,, 0 C P U 0 ° x = C C> N a) °° C 2 E (Vj o j (Q N E. `1c ° O d1 2 ° = o U ° ) m cc � Qct 00 0._c a)c. E c - E° o c W Z • > 'O a > O > o mow,,, c N E c YO m a) E c ° o f u c E n CO (n LL m Y C7 Q o a) Y o CL n -c LL U T = N c C -0 N 02 2:5 New Millennium FAX NUMBER (3051 687-2632 (3051957-3502 LAST NAME w 0 U (3 E _ ° N M 8 OW) ° O O O O O co 0 0 0° o ° C 0 o O o 0 0 O O o 0 °°° m N 8 Q N J LL LL. d $ 2,840,071.83 0 co11.1 co W W NO N O N G 2 e M N 0C co PROJECT NAME m N 0 a, N c a) a) L (n E rnN > L 6 a) < toO O M c O co t oc N a) c min 7 m 71) m c U D W w > _ c w E < E > cO O L (13< o fa c P c w 2 z z c.D W O -c Z c) W N F- a) Z. W .c o0 _ O E 2 Q N as m a. V) O - o O LO J �' Z ..-.> N V V U 0 U W >, O U fV a (V 1- M W W M o(nN— U' m N M N O_ p Z W 00 (N- [ O N E W CO O e!' E N U. i� up (n (f) 7 C LLQ O co O j coO O LLr CO CO O COM E_'XN. W W (O O) N X M N W N (V (0 E 1` Om coco(o E O(o — _ CO 0) v Q) L (n 0.-.-- (f, �) M 0 0o c CO i� Cr) M M O N 0 C a) C O C 0 N 2 N0) cn8 C N C c N CO c c N C (0 N O O 0 = O N rt 12 0 0 0 c (1) o ) a . -0 E c E 0 m c (0 c E E 7 L Y E•5 o U C V) � 5 , E `O O L O ca- L N C c c E' m � n w E v m romanmartinez@miamibeachfl.gov C LAST NAME FIRST NAME >- E E N W 0 U N M V' ((7 (0 N- CO 0) O O O O O O O O 0 0 C 0 0 0 0 0 0 0 0 0 2 o.c () c a) O CO (0 oo a) ._J U U Q 0) Ca 0 W 1-- U d Owner / Prime Contract Amount Description / Location F— I— I- 0 0 0 0 0 0 Town of Miami Lakes 0 0 0 City of Hialeah Miami Dade County Miami Dade County cn o rn o rn co Cc; oo 0 I-- F- I- CO oO o N N 8,520,676.63 1, 700, 000.00 7,251,433.26 0 o 0 0 CO CO 1, 987, 823.29 1, 000, 000.00 1,000,000 00 (A EA EA EA EA EA EA NW/ NE 36 St.(from NW 7 ave. to NE 7 Ave). DOT, SR 989 ( Allapattah Rd.) SW 224 Street DOT, SR 5 (Biscayne Blvd.) NE 67 St. to NE 78 St. Town of Mami Lakes NW 82 Ave. (NW 154 St. to170 St.) Hialeah E.14-16 St. (from E. 2 Ave. to 4 Ave.) PTP Intersection Improvement Contract Sidewalk Repair District 10 N N N N7N N N TABLE OF CONTENTS PAGE NOTICE FOR BIDS 6 MINIUMUM REQUIREMENT COMPLIANCE 9 NO BID NOTIFICATION FORM 11 T-SQUARE PLANS AND SPECIFICATION ORDER FORM 12 00100. GENERAL INSTRUCTIONS TO BIDDERS 13 00200. DEFINITIONS 14 00300. INSTRUCTIONS TO BIDDERS 18 1. Examination of Contract Documents and Site 18 2. Pre -Bid Interpretations 18 3. Submitting Bids 19 4. Printed Form of Bid 19 5. Bid Guaranty 19 6. Acceptance or Rejection of Bids 20 7. Determination of Award 20 8. Evaluation 20 9. Contract Price 20 10. Postponement of Date for Presenting and Opening of Bids 20 11. Qualifications of Bidders 21 12. Addenda and Modifications 21 13. Prevailing Wage Rates 21 14. Occupational Health and Safety 21 15. Environmental Regulations 22 16. "Or Equal" Clause 22 17. Protested Solicitation and Award 23 18. Financial Stability and Strength 23 19. Equal Benefits Ordinance and Required Forms to be Submitted23 00305 TECHNICAL REVIEW PANEL SELECTION CRITERIA/ SELECTION PROCESS 33 00310 BID SUBMISSION REQUIREMENTS 34 00315. BEST VALUE PROCUREMENT ATTACHMENTS AND FORMS 38 00400. BID/TENDER FORM 51 00405. CITY OF MIAMI BEACH LICENSES, PERMITS AND FEES 54 00407. SCHEDULE OF PRICES BID 55 - BID FORM 56 - LUMP SUM BREAKDOWN 57 BID NO. 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 2 TABLE OF CONTENTS (Continued) 00410. BID GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT 64 00500. SUPPLEMENT TO BID/TENDER FORM QUESTIONNAIRE 66 00520. SUPPLEMENT TO BID/TENDER FORM NON -COLLUSION CERTIFICATE 74 00530. SUPPLEMENT TO BID/TENDER FORM DRUG FREE WORKPLACE CERTIFICATION 75 00540. SUPPLEMENT TO BID/TENDER FORM TRENCH SAFETY ACT 77 00550. RECYCLED CONTENT INFORMATION 79 00600. CONTRACT 80 00708. FORM CERTIFICATE OF INSURANCE 89 00710. FORM OF PERFORMANCE BOND 90 00720. FORM OF PAYMENT BOND 93 00721. CERTIFICATE AS TO CORPORATE PRINCIPAL 96 00735. PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT 97 00800. GENERAL CONDITIONS 99 1. Project Manual 99 2. Intention of City 99 3. Preliminary Matters 100 4. Performance Bond and Payment Bond 101 5. Qualification of Surety 102 6. Indemnification 104 7. Insurance Requirements 104 8. Labor and Materials 107 9. Royalties and Patents 108 10. Weather 108 11. Permits, Licenses and Impact Fees 108 12. Resolution of Disputes 109 13. Inspection of Work 110 14. Superintendence and Supervision 110 15. City's Right to Terminate Contract 112 BID NO. 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 3 TABLE OF CONTENTS (Continued) 16. Contractor's Right to Stop Work or Terminate Contract 113 17. Assignment 113 18. Rights of Various Interests 114 19. Differing Site Conditions 114 20. Plans and Working Drawings 115 21. Contractor to Check Plans, Specifications, and Data 115 22. Contractor's Responsibility for Damages and Accidents 115 23. Warranty 115 24. Supplementary Drawings 116 25. Defective Work 116 26. Taxes 117 27. Subcontracts 117 28. Separate Contracts 117 29. Use of Completed Portions 118 30. Lands for Work 119 31. Legal Restrictions and Traffic Provisions 119 32. Location and Damage to Existing Facilities, Equipment or Utilities 120 33. Value Engineering 121 34. Continuing the Work 121 35. Changes in the Work or Terms of Contract Documents 121 36. Field Orders and Supplemental Instructions 122 37. Change Orders 122 38. Value of Change Order Work 123 39. Notification and Claim for Change of Contract Time or Contract Price 128 40. No Damages for Delay 128 41. Excusable Delay; Compensable; Non -Compensable 129 42. Substantial Completion 130 43. No Interest 130 44. Shop Drawings 131 45. Assignment 132 46. Safety and Protection 133 47. Final Bill of Materials 134 48. Payment by City for Tests 134 49. Project Sign 134 50. Hurricane Precautions 134 BID NO. 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 4 TABLE OF CONTENTS (Continued) 51. Cleaning Up; City's Right to Clean Up 135 52. Removal of Equipment 135 53. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act 135 54. Project Records 136 00900. SUPPLEMENTARY EXHIBITS/SPECIFICATIONS 137 00920. ADDITIONAL ARTICLES 138 1. Prevailing Wage Rate Ordinance 138 2. Federal Grant Projects 138 00922. STATEMENT OF COMPLIANCE (PREVAILING WAGE RATE ORDINANCE NO. 83-72) 139 00923. STATEMENT OF COMPLIANCE (DAVIS BACON ACT) 140 00925. CERTIFICATE OF SUBSTANTIAL COMPLETION 141 00926. FINAL CERTIFICATE OF PAYMENT 143 00930. FORM OF FINAL RECEIPT 144 00950. PLANS AND SPECIFICATIONS 146 01000. ADDENDA AND MODIFICATIONS 150 02000. TECHNICAL SPECIFICATIONS 151 04000. ACKNOWLEDGEMENT OF ADDENDA 152 06000. SUB -CONTRACTOR LISTING INFORMATION 153 07000. ORDINANCES; LOBBYISTS, CONE OF SILENCE, DEBARMENT, CODE OF BUSINESS ETHICS, PROTESTED SOLICITATION AWARD, LOBBYIST FEE DISCLOSURE 154 08000. APPENDIX A - LAP AGREEMENT FEDERAL REQUIREMENTS FOR CONSTRUCTION CONTRACTS 199 BID NO. 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 5 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fax: 305-673-7851 PUBLIC NOTICE INVITATION TO BID (ITB) 27-06/07 FOR CONSTRUCTION SERVICES FOR THE NORTH BEACH RECREATIONAL CORRIDOR PHASE 1, 2 & 3 Miami Beach, Florida Sealed bids will be received by the City of Miami Beach Procurement Division, 3rd Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on the 22nd day of February 2007 for the Construction related services for the North beach Recreational Corridor Phase 1, 2 and 3. Scope of Services The North Beach Recreational Corridor (NBRC) Project consists of the construction of an on -grade concrete pedestrian walkway encompassing 15 city blocks in the northern coastal area of Miami Beach. The path is approximately 5,800 feet long, and extends between 63rd Street and 79th Streets encompassing 3 City parks and the Ocean Terrace Business District. The project is divided into 3 phases: 1) Allison Park, 2) Phase 2- South Path and 3) Phase 3 - North Path. The path width ranges between 10 - feet and 15 -feet wide, and the path meanders along the west side of the coastal dunes behind oceanfront properties. Street end connections have been designed with a pattern of pavers with medallions to indicate street numbers. The path will be constructed with colored concrete in a swirl pattern, and saw -cut joints will be required at established intervals to meet the architectural requirements of the project. The path base will be constructed of cement -stabilized sand. The path was designed and permitted in strict accordance with the Florida Department of Environmental Protection (DEP) coastal construction control line requirements. Dune exotic vegetation will be removed and dune enhancements constructed including the placement of beach compatible dune fill and native species dune landscaping. Temporary and permanent irrigation systems will be provided for the landscaping. Path lighting has been designed, and the lighting meets the marine turtle nesting requirements of the DEP. ANY BID(S) RECEIVED AFTER 3:OOP.M. ON FEBRUARY 22, 2007, WILL NOT BE CONSIDERED AND WILL BE RETURNED TO THE BIDDER UNOPENED. THE RESPONSIBILITY FOR SUBMITTING THE SUBMITTAL PACKAGE BEFORE THE BID NO. 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 6 STATED TIME AND DATE IS SOLELY AND STRICTLY THE RESPONSIBILITY OF THE BIDDER. THE CITY IS NOT RESPONSIBLE FOR DELAYS CAUSED BY MAIL, COURIER SERVICE, INCLUDING U.S. MAIL, OR ANY OTHER OCCURRENCE. A Pre -Bid Conference is scheduled for 10:00 a.m. on February 7, 2007 at the following address: City of Miami Beach, City Hall — City Manager's Large Conference Room, 1700 Convention Center Drive, Miami Beach, Florida. Attendance (in person or via telephone) to this Pre -Bid submission meeting is encouraged and recommended as a source of information but is not mandatory. Bidders interested in participating in the Pre -Bid submission meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-800-915-8704 (Toll-free North America) (2) Enter the MEETING NUMBER: *2659980* (note that number is preceded and followed by the star (*) key). Consultants who are interested in participating via telephone, please send an e-mail to romanmartinez@miamibeachfl.gov expressing your intent to participate via telephone. Minimum Requirements: Bidder (Business Entity) must be licensed as a General Contractor in the state of Florida with a minimum of five (5) years experience as a General Contractor. Bidder to provide a minimum of three (3) sample projects completed within the past ten (10) years, with a minimum of three (3) million dollars in construction cost. NOTE: The following will be added to the evaluation criteria and along with all other Best Value criteria, will ensure that the most qualified and best contractor is selected. Bid Guaranty: 5% of the bid amount will be required with the Bid. The successful bidder will also be required to furnish Performance and Payment Bonds, each in the amount of one hundred (100%) percent of the Contract amount. The City of Miami Beach has contracted with BidNet and is utilizing a central bid notification system created exclusively for state and local agencies located in South Florida. This South Florida Purchasing system allows for vendors to register online and receive notification of new bids, amendments and awards. Vendors with Internet access should review the registration options at the following website: www.govbids.com/scripts/southflorida/public/home1.asp. If you do not have Internet access, please call the BidNet(r) support group at 800-677- 1997 extension # 214. Plans and specifications are available for this bid and may be ordered through T - Square Miami, Phone No. (305) 324-1234. The attached order form on page 11 of the Bid package must be completed and returned to T -Square Miami before prospective bidders will be able to purchase Plans and Specifications in reference to this bid. BID NO. 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 7 The City of Miami Beach reserves the right to accept any proposal deemed to be in the best interest of the City of Miami Beach, or waive any informality in any proposal. The City of Miami Beach may also reject any and all proposals. YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSAL IS SUBJECT TO THE CAMPAIGN CONTRIBUTIONS BY VENDORS ORDINANCE NO. 2003-3389. YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSAL IS SUBJECT TO THE FOLLOWING ORDINANCES/RESOLUTIONS, WHICH MAY BE FOUND ON THE CITY OF MIAMI BEACH WEBSITE: http://www.miamibeachfl.poWnewcitv/depts/purchase/bidintro.asp • CONE OF SILENCE -- ORDINANCE NO. 2002-3378 • CODE OF BUSINESS ETHICS -- RESOLUTION NO. 2000-23879. • DEBARMENT PROCEEDINGS -- ORDINANCE NO. 2000-3234. • PROTEST PROCEDURES -- ORDINANCE NO. 2002-3344. • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES -- ORDINANCE NO. 2002-3363 • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS - ORDINANCE NO. 2005-3494 Sincerely, Gus Lopez, CPPO Procurement Director BID NO. 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 8 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fax: 305-673-7851 Bid No. 27-06/07 CONSTRUCTION SERVICES FOR THE NORTH BEACH RECREATIONAL CORRIDOR PHASE 1, 2 & 3 Miami Beach, Florida NO BID NOTICE TO PROSPECTIVE BIDDERS If not submitting a bid at this time, please detach this sheet from the bid documents, complete the information requested, and return to the address listed above. NO BID SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED: Our Company does not handle this type of product/service. We cannot meet the specifications requirements. Our Company is simply not interested in bidding at this time. Due to prior commitments, we cannot provide a bid for this project. OTHER. (Please specify) We do _ do not _ want to be retained on your mailing list for future bids for this type or product and/or service. Signature: Title: Company: Note: Failure to respond, either by submitting a bid or this completed form, may result in your company being removed from our vendors list. BID NO. 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 11 C.O.D Order T-SQUARE ATTN: ED LAMBERT (954) 444-8782 FAX 305-324-8040 CITY OF MIAMI BEACH BID # 27-06/07 CONSTRUCTION SERVICES FOR THE NORTH BEACH RECREATIONAL CORRIDOR PHASE 1, 2 & 3 Authorized by : Roman Martinez Fax: 305.324.8040 Plans $ Specifications $ *Any other copies or reproductions are additional to this price Price per SQ.FT $ full size/ half size $ per first copy & second copy Total (MINIMUM ORDER FOR FREE DELIVERY $20.00 PER DELIVER) COMPANY NAME: ORDER BY: Bill to: COD T -Square Acct# 613204 Cash: Credit Card # Visa:_ Amex: Master: Other: Ex. date In the name of: Authorization signature Ship TO: Citv State zip code Phone: Fax: - Contact name Title Received by: shipped by: UPS # FEDEX # Received by: shipped by: UPS # FEDEX # Next day air Next day air saver Ground Second day air AM Second air Three day select Handling charge $ Order received by T -Square: Title: ANY QUESTION AT T-SQUARE PLEASE CALL 305-324-1234 ED LAMBERT = Sales Manaaer = 954-444-8782 If you already have an account with T -Square please use your account # the order. Thank you for your business. BID NO. 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 12 to place 00100. GENERAL INSTRUCTIONS TO BIDDERS: 1. General: The following instructions and those set forth in Section 00300 herein are given for the purpose of guiding Bidders in properly preparing their bids. Such instructions have equal force and weight with other portions of the Contract Documents and strict compliance is required with all the provisions contained in the instructions. Bidders shall note that various paragraphs within these bid documents have a [ ] box which may be checked. If the box is checked, the language is made a part of the bid documents and compliance therewith is required of the Bidder; if the box is not checked, the language is not made a part of the bid documents. 2. Scope of Work: The North Beach Recreational Corridor (NBRC) Project consists of the construction of an on -grade concrete pedestrian walkway encompassing 15 city blocks in the northern coastal area of Miami Beach. The path is approximately 5,800 feet long, and extends between 63rd Street and 79th Streets encompassing 3 City parks and the Ocean Terrace Business District. The project is divided into 3 phases: 1) Allison Park, 2) Phase 2- South Path and 3) Phase 3 - North Path. The path width ranges between 10 -feet and 15 -feet wide, and the path meanders along the west side of the coastal dunes behind oceanfront properties. Street end connections have been designed with a pattern of pavers with medallions to indicate street numbers. The path will be constructed with colored concrete in a swirl pattern, and saw -cut joints will be required at established intervals to meet the architectural requirements of the project. The path base will be constructed of cement -stabilized sand. The path was designed and permitted in strict accordance with the Florida Department of Environmental Protection (DEP) coastal construction control line requirements. Dune exotic vegetation will be removed and dune enhancements constructed including the placement of beach compatible dune fill and native species dune landscaping. Temporary and permanent irrigation systems will be provided for the landscaping. Path lighting has been designed, and the lighting meets the marine turtle nesting requirements of the DEP. 3. Location of Work: 64th to 79th Street, West of the Dune System on the Beach. 4. Abbreviations and Symbols: The abbreviations used throughout the Bid Documents are defined hereinafter in the Technical Specifications. The symbols used in the Plans are defined therein. 5. Bid Submission: An original and one copy of complete Bid Package must be received by 3:00 p.m. on February 22, 2007. The original and ten copies must be submitted to the Procurement Division in a sealed envelope or container stating on the outside, the Bidder's name, address, telephone number, ITB number, title, and due date. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 13 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. Attraction: Includes private businesses, public facilities and agencies, nonprofits and other tourism -oriented service facilities. 1.2. Bidder: Any individual, firm, or corporation submitting a bid for this Project, acting directly or through a duly authorized representative. 1.3. 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. 1.4. 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 /or 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. 1.5. City Commission: City Commission shall mean the governing and legislative body of the City. 1.6. City Manager: City Manager shall mean the Chief Administrative Officer of the City. 1.7. Consultant: Architect or Engineer who has contracted with City or who is an employee of City, to provide professional services for this Project. The Primary Consultant for this project is Coastal Systems International, Inc., 464 South Dixie Highway, Coral Gables, Florida 3346. 1.8. Contract: The part or section of the Contract Documents addressing some of the rights and duties of the parties hereto, including but not limited to contract time and liquidated damages. 1.9. Contract Documents Clarification: (Not Applicable) 1.10. Contract Administrator: The City's Contract Administrator shall mean the individual appointed by the City Manager who shall be the City's BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 14 authorized representative to coordinate, direct, and review on behalf of the City, all matters related to the Project. 1.11. Contract Documents: The Project Manual including drawings (plans) and specifications, the Notice for Bids, Addenda, if any, to the Project Manual, the Bid Tender Form, the record of the award by the City Commission, the Performance Bond and Payment Bond, the Notice of Award, the Notice(s) to Proceed, the Purchase Order, Change Orders, Field Orders, Supplemental Instructions, and any additional documents the submission of which is required by this Project Manual, are the documents which are collectively referred to as the Contract Documents. 1.12. Contract Price: The original amount established in the bid submittal and award by the City, as may be amended by Change Order. 1.13. 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. 1.14. Contractor: The person, firm, or corporation with whom the City has contracted and who is responsible for the acceptable performance of the Work and for the payment of all legal debts pertaining to the Work. All references in the Contract Documents to third parties under contract or control of Contractor shall be deemed to be a reference to Contractor. 1.15. 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. 1.16. 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. 1.17. General Public: A service shall be deemed available to the "General Public" if it is available to anyone, at any time, without any membership or other requirement limiting use by the public at large. 1.18. 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. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 15 1.19. Materials: Materials incorporated in this Project, or used or consumed in the performance of the Work. 1.20. Notice(s) to Proceed: Written notice to Contractor authorizing the commencement of the activities identified in the notice or as described in the Contract Documents. 1.21. Pians and/or Drawings: The official graphic representations of this Project which are a part of the Project Manual. 1.22. Program Manager: Not Applicable to this project 1.23. Project: The construction project described in the Contract Documents, including the Work described therein. 1.24. Project Initiation Date: The date upon which the Contract Time commences. 1.25. Project Manual: The official documents setting forth bidding information and requirements; contract form, bonds, and certificates; General and Supplementary Conditions of the Contract Documents; the specifications; and the plans and drawings of the Project. 1.26. Resident Project Representative: An authorized representative of Consultant assigned to represent Consultant on the Project. 1.27. Seasonal Business: Any business which is not operated on a year- round basis. 1.28. 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. 1.29. 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. 1.30. Surety: The surety company or individual which is bound by the performance bond and payment bond with and for Contractor who is BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 16 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. 1.31. Work: The construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by Contractor to fulfill Contractor's obligations. The Work may constitute the whole or a part of the Project. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 17 00300. INSTRUCTIONS TO BIDDERS: 1. Examination of Contract Documents and Site: It is the responsibility of each Bidder before submitting a Bid, to: 1.1. Examine the Contract Documents thoroughly, 1.2. Visit the site or structure to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work, 1.3. Take into account federal, state and local (City and Miami -Dade County) laws, regulations, ordinances that may affect costs, progress, performance, furnishing of the Work, or award, 1.4. Study and carefully correlate Bidder's observations with the Contract Documents, and 1.5. Carefully review the Contract Documents and notify Consultant of all conflicts, errors or discrepancies in the Contract Documents of which Bidder knows or reasonably should have known. The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the Contract Documents and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 2. Pre -Bid Interpretations: Only questions answered by written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. All questions about the meaning or intent of the Contract Documents are to be directed to the City's Procurement Director in writing. Interpretations or clarifications considered necessary by the City's Procurement Director in response to such questions will be issued by City by means of Addenda mailed or delivered to all parties recorded by the City's Procurement Director as having received the Bidding Documents. Written questions should be received no less than ten (10) calendar days prior to the date of the opening of Bids. There shall be no obligation on the part of City or the City's Procurement Director to respond to questions received less than ten (10) calendar days prior to bid opening. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 18 3. Submitting Bids: Sealed bids will be received by the City of Miami Beach Procurement Division, 3rd Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on the 22nd day of February 2007 for the Construction related services for the North beach Recreational Corridor Phase 1, 2 and 3. All bids must be received in the Procurement Division before the time and date specified for bid opening, enclosed in a sealed envelope, legibly marked on the outside: BID FOR: CONSTRUCTION SERVICES FOR THE NORTH BEACH RECREATIONAL CORRIDOR PHASE 1, 2 & 3 Miami Beach, Florida BID/CONTRACT NO.: 27-06/07 At time, date, and place above, bids will be publicly opened. Any bids or proposals received after time and date specified will be returned to the bidder unopened. 4. Printed Form of Bid: All bids must be made upon the blank Bid/Tender Form included herein and must give the price in strict accordance with the instructions thereon. The bid must be signed and acknowledged by the Bidder in accordance with the directions on the bid form. 5. Bid Guaranty: All bids shall be accompanied by either an original bid bond executed by a surety company meeting the qualifications for surety companies as specified in Section 5, General Conditions, or by cash, money order, certified check, cashier's check, Bid Guaranty Form, Unconditional Letter of Credit (Form 00410), treasurer's check or bank draft of any national or state bank (United States), in the amount of 5% of the bid amount, payable to City of Miami Beach, Florida, and conditioned upon the successful Bidder executing the Contract and providing the required one -hundred percent (100%) Performance Bond and Payment Bond and evidence of required insurance within fifteen (15) calendar days after notification of award of the Contract. A PERSONAL CHECK OR A COMPANY CHECK OF A BIDDER SHALL NOT BE DEEMED A VALID BID SECURITY. Security of the successful Bidder shall be forfeited to the City of Miami Beach as liquidated damages, not as a penalty, for the cost and expense incurred should said Bidder fail to execute the Contract, provide the required Performance Bond, Payment Bond and Certificate(s) of Insurance, -within fifteen (15) calendar days after notification of the award of the Contract, or failure to comply with any other requirements set forth herein. The time for execution of the Contract and provision of the Performance Bond, Payment Bond and Certificate(s) of Insurance may be extended by the City's Procurement Director BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 19 for good cause shown. Bid Securities of the unsuccessful Bidders will be returned after award of Contract. 6. Acceptance or Resection of Bids: The City reserves the right to reject any or all bids prior to award. Reasonable efforts will be made to either award the Contract or reject all bids within ninety (90) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price before the expiration of ninety (90) calendar days from the date of bid opening. A Bidder may withdraw its bid after the expiration of ninety (90) calendar days from the date of bid opening by delivering written notice of withdrawal to the Purchasing Division prior to award of the Contract by the City Commission. 7 Determination of Award: The City Commission shall award the contract to the lowest and best bidder. In determining the lowest and best bidder, in addition to price, there shall be considered the following: a. The ability, capacity and skill of the bidder to perform the Contract. b. Whether the bidder can perform the Contract within the time specified, without delay or interference. c. The character, integrity, reputation, judgement, experience and efficiency of the bidder. d. The quality of performance of previous contracts. e. The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. 8. Evaluation: An interim performance evaluation of the successful Contractor may be submitted by the Contract Administrator during construction of the Project. A final performance evaluation shall be submitted when the Request for Final Payment to the construction contractor is forwarded for approval. In either situation, the completed evaluation(s) shall be forwarded to the City's Procurement Director who shall provide a copy to the successful CONTRACTOR. Said evaluation(s) may be used by the City as a factor in considering the responsibility of the successful CONTRACTOR for future bids with the City. 9. Contract Price: The Contract Price is to include the furnishing of all labor, materials, equipment including tools, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the Contract Documents. The cost of any item(s) of Work not covered by a specific Contract unit price or lump sum price shall be included in the Contract unit price or lump sum price to which the item(s) is most applicable. 10. Postponement of Date for Presentina and Opening Bids: The City reserves the right to postpone the date for receipt and opening of bids and will make a reasonable effort to give at least seven (7) calendar days written notice of any such postponement to each prospective Bidder. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 20 11. Qualifications of Bidders: Bids shall be considered only from firms normally engaged in performing the type of work specified within the Contract Documents. Bidder must have adequate organization, facilities, equipment, and personnel to ensure prompt and efficient service to City. In determining a Bidder's responsibility and ability to perform the Contract, City has the right to investigate and request information concerning the financial condition, experience record, personnel, equipment, facilities, principal business location and organization of the Bidder, the Bidder's record with environmental regulations, and the claims/litigation history of the Bidder. 12. Addenda and Modifications: The City shall make reasonable efforts to issue addenda within seven (7) calendar days prior to bid opening. All addenda and other modifications made prior to the time and date of bid opening shall be issued as separate documents identified as changes to the Project Manual. 13. Prevailing Wage Rates: City of Miami Beach Ordinance No, 94-2960 provides that in all non -federally funded construction contracts in excess of one million dollars to which the City of Miami Beach is a party, the rate of wages and fringe benefits, or cash equivalent, for all laborers, mechanics and apprentices employed by any contractor or subcontractor on the work covered by the contract, shall not be less than the prevailing rate of wages and fringe benefit payments or cash equivalence for similar skills or classifications of work, as established by the Federal Register, in the City of Miami Beach, Florida. The provisions of this Ordinance shall not apply to the following projects: a. water, except water treatment facilities and lift stations; b. sewer, except sewage treatment facilities and lift stations; c. storm drainage; d. road construction, except bridges or structures requiring pilings; and e. beautification projects, which may include resurfacing new curbs, gutters, pavers, sidewalks, landscaping, new lighting, bus shelters, bus benches and signage. 14. Occupational Health and Safety: In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this bid must be accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the manufacturer. The MSDS must include the following information: 14.1. The chemical name and the common name of the toxic substance. 14.2. The hazards or other risks in the use of the toxic substance, including: 14.2.1. The potential for fire, explosion, corrosion, and reaction; BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 21 14.2.2. The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and 14.2.3. The primary routes of entry and symptoms of overexposure. 14.3. The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of overexposure. 14.4. The emergency procedure for spills, fire, disposal, and first aid. 14.5. A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. 14.6. The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. 15. Environmental Regulations: The City reserves the right to consider a Bidder's history of citations and/or violations of environmental regulations in investigating a Bidder's responsibility, and further reserves the right to declare a Bidder not responsible if the history of violations warrant such determination in the opinion of the City. Bidder shall submit with its Bid, a complete history of all citations and/or violations, notices and dispositions thereof. The nonsubmission of any such documentation shall be deemed to be an affirmation by the Bidder that there are no citations or violations. Bidder shall notify the City immediately of notice of any citation or violation which Bidder may receive after the Bid opening date and during the time of performance of any contract awarded to it. 16. "Or Equal" Clause: Whenever a material, article or piece of equipment is identified in the Contract Documents including plans and specifications by reference to manufacturers' or vendors' names, trade names, catalog numbers, or otherwise, City, through Consultant, will have made its best efforts to name at least three (3) such references. Any such reference is intended merely to establish a standard; and, unless it is followed by the words "no substitution is permitted" because of form, fit, function and quality, any material, article, or equipment of other manufacturers and vendors which will perform or serve the requirements of the general design will be considered equally acceptable provided the materials, article or equipment so proposed is, in the sole opinion of Consultant, equal in substance, quality and function. ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S PROCUREMENT DIRECTOR, WHO SHALL FORWARD SAME TO CONSULTANT. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 22 17. Protested Solicitation Award: Bidders that are not selected may protest any recommendation for Contract award in accordance with City of Miami Beach Ordinance No. 2002-3344, which establishes procedures for resulting protested bids and proposed awards. Protest not timely pursuant to the requirements of Ordinance No. 2002- 3344 shall be barred. 18. Financial Stability and Strength: The bidder must be able to demonstrate a good record of performance and have sufficient financial resources to ensure that they can satisfactorily provide the goods and/or services required herein. Bidders/Proposers shall submit financial statements for each of their last two complete fiscal years within ten (10) calendar days, upon written request. Such statements should include, as a minimum, balance sheets (statements of financial position) and statements of profit and loss (statement of net income). When the bid submittal is from a Joint Venture, each Bidder/Proposer involved in the Joint Venture must submit financial statements as indicated above. Any Bidder/Proposer who, at the time of bid submission, is involved in an ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the Bidder/Proposer under federal bankruptcy law or any state insolvency, may be declared non-responsive. 19. Equal Benefits Ordinance Bidders are advised that this Bid and any contract awarded pursuant to this procurement process shall be subject to the applicable provisions of Ordinance No. 2005-3494, entitled "Requirement for City Contractors to Provide Equal Benefits for Domestic Partners (the "Ordinance")." The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. All bidders shall complete and return, with their bid, the "Declaration: Non- discrimination in Contracts and Benefits" form contained herein. The City shall not enter into any contract unless the bidder certifies that such firm does not discriminate in the provision of Benefits between employees with Domestic Partners and employees with spouses and/or between the Domestic Partners and spouses of such employees. Contractors may also comply with the Ordinance by providing an employee with the Cash Equivalent of such Benefit or Benefits, if the City Manager or his designee determines that the successful BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 23 bidder Contractor shall complete and return the "Reasonable Measures Application" contained herein, and the Cash Equivalent proposed. It is important to note that bidders are considered in compliance if bidder provides benefits neither to employees' spouses nor to employees' Domestic Partners. Following this page please find a Q & A of the major points of the proposed Ordinance. Additionally, the following documents need to be returned to the City with your bid: • Declaration: Nondiscrimination in Contracts and Benefits Form • Reasonable Measures Application Form BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 24 PROPOSED EQUAL BENEFITS ORDINANCE SUMMARY The foregoing analysis provides a summary of the major points of the proposed Ordinance: 1) What is the intent of the Ordinance? The proposed Ordinance will require certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids, to provide "Equal Benefits" to their employees with Domestic Partners, as they provide to employees with spouses. 2) How are "Equal Benefits" defined and what kind of "Benefits" does the Ordinance cover? "Equal Benefits" means that contractors doing business with the City who are covered by the Ordinance shall be required to provide the same type of benefits that they offer to employees and their spouses, to employees with Domestic Partners. The type of "Benefits" defined by the Ordinance and which may be offered by a contractor include: sick leave, bereavement leave, family medical leave, and health benefits. The "Benefits" defined in the Ordinance are the same type of benefits that the City provides to Domestic Partners of City employees, pursuant to Section 62-128 of the City Code]. Notwithstanding the definition of "Benefits" in the Ordinance, to comply with the Ordinance a Contractor is not required to provide all the above-described benefits. Contractors are only required to offer the same type of Benefits they offer to their employees with spouses, to employees with Domestic Partners. Additionally, a Contractor who offers no benefits to employees or their spouses, would not be required to offer any benefits to employees with Domestic Partners (and would still be in compliance with the Ordinance).] 3) Who is considered a "Domestic Partner" under the Ordinance? A "Domestic Partner" shall mean any two (2) adults of the same or different sex who have registered as domestic partners with a government body pursuant to state or local law authorizing such registration, or with an internal registry maintained by the employer of at least one of the domestic partners. BID NO: 27-06/07 DATE: 01/25/07 CITY OF MIAMI BEACH 25 4) What type of Contracts and/or which Contractors are covered by the Ordinance? The Ordinance only applies to the following: • Competitively bid City contracts (bids, RFP's, RFQ's, RFLI's, etc.). • Contracts valued at over $100,000. • Contractors who maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks in either the current or the preceding calendar year. • Contractors covered by the Ordinance are only required to comply as to employees who: 1) either work within the City limits of the City of Miami Beach; or 2) the contractor's employees located in the United States, but outside of the City limits, only if those employees are directly performing work on the City contract (covered by the Ordinance). 5) In what cases does the Ordinance not apply? The provisions of the Ordinance do not apply where: • The City contract has been has been entered into prior to the effective date of the Ordinance (including renewal terms contained in such contracts). • The City contract is not competitively bid. • The City contract is valued at less than $100,000. • The contractor has less than 51 employees. • The contractor does not provide Benefits either to employees' spouses or to employees' Domestic Partners. • The contractor is a religious organization, association, society or any non profit charitable or educational institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society. • The contractor is another government entity. The following City contracts are not covered by the Ordinance: • Contracts for sale or lease of City property. • Development Agreements. • Contracts/grants for CDBG, HOME, SHIP, and Surtax funds administered by the City's Office of Community Development • Cultural Arts Council grants • Contracts for professional A/E, landscape A/E, or survey and mapping services procured pursuant to Chapter 287.055, Florida Statutes ("The Consultants Competitive Negotiation Act". • Contracts for the procurement of life, health, accident, hospitalization, legal expense, annuity insurance, or any and all other kinds of insurance for the officers and employees of the City and their dependents, from a group insurance plan. BID NO: 27-06/07 DATE: 01/25/07 CITY OF MIAMI BEACH 26 The Ordinance provides, upon written recommendation of the City Manager, that the City Commission may, by 5/7ths • vote, waive application of the Ordinance for the following: • Emergency contracts. • Contracts where only one bid response is received. • Contracts where more than one bid response is received, but none of the bidders can comply with the requirements of the Ordinance. The City's ability to apply the Ordinance may also be preempted in instances where the Ordinance impacts health, retirement, or pension program which fall within the jurisdiction of the Employee Retirement Income Security Act (ERISA), and may under certain circumstances be held invalid under Federal preemption. 6) How is the Ordinance enforced by the City? • City contracts that are covered by the Ordinance shall notify potential bidders/proposers of the Ordinance and its requirements in the issued bid documents. At the time of entering into the contract with the City, the proposed City contractor shall certify to the City that it intends to provide Equal Benefits, along with the description of its employee benefits plan, which needs to be delivered to the Procurement Director prior to entering into the contract. The City has the ongoing right to investigate/audit contracts for compliance with the provisions of the Ordinance. The contractor is required to post notice to its employees at its place of business that it provides Equal Benefits. 7) Is there another way for a Contractor who does not provide Equal Benefits to comply with the Ordinance? If a contractor covered by the Ordinance has made a reasonable yet unsuccessful effort to provide Equal Benefits, it can still comply with the Ordinance by providing an employee with the "Cash Equivalent" of the similar benefit(s) offered to the contractor's employees and their spouses. 8) What are the penalties for non compliance? Failure of a contractor to comply with the requirements of the Ordinance may result in the following: • • • Breach/default under the contract. Termination of the contract. Monies due under the contract may be retained by the City until compliance is achieved. Debarment of contractors from City work, as prescribed by the City Code. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 27 Definition of Terms A. REASONABLE MEASURES The City of Miami Beach will determine whether a City Contractor has taken all reasonable measures provided by the City Contractor that demonstrates that it is not possible for the City Contractor to end discrimination in benefits. A determination that it is not possible for the City Contractor to end discrimination in benefits shall be based upon a consideration of such factors as: (1) The number of benefits providers identified and contacted, in writing, by the City Contractor, and written documentation from these providers that they will not provide equal benefits; (2) The existence of benefits providers willing to offer equal benefits to the City Contractor; and (3) The existence of federal or state laws which preclude the City Contractor from ending discrimination in benefits. B. CASH EQUIVALENT "Cash Equivalent" means the amount of money paid to an employee with a Domestic Partner (or spouse, if applicable) in lieu of providing Benefits to the employees' Domestic partner (or spouse, if applicable). The Cash Equivalent is equal to the employer's direct expense of providing Benefits to an employee for his or her spouse. Cash Equivalent. The cash equivalent of the following benefits apply: a. For bereavement leave, cash payment for the number of days that would be allowed as paid time off for death of a spouse. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. b. For health benefits, the cost to the Contractor of the Contractor's share of the single monthly premiums that are being paid for the domestic partner employee, to be paid on a regular basis while the domestic partner employee maintains the such insurance in force for himself or herself. c. For family medical leave, cash payments for the number of days that would be allowed as time off for an employee to care for a spouse that has a serious health condition. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 32 00305. TECHNICAL REVIEW PANEL SELECTION CRITERIA / SELECTION PROCESS The Evaluation process to be used by the City for this bid will be one of "Best Value Procurement", meaning that the City will, in addition to price, consider past performance on previous contracts, Risk Assessment for this ITB, Qualifications of Personnel proposed, and presentation and interview of Contractor's personnel. (See Section 00315) • Invitation to Bid issued. • Pre -Bid Meeting. • Receipt of bids. • Opening and listing (except pricing) of all bids received. • Review all bids for responsiveness. • Distribution of all responsive bids to the Technical Review Panel. The TECHNICAL REVIEW PANEL will rank all responsive bidders and will provide their recommended ranking to the City Manager. There will be three (3) phases to the evaluation process and they are as follows: PHASE I 1) Qualifications and Experience of Contractor's Team (20 Points) 2) Risk Assessments (15 points). A Preliminary Project Schedule should be attached to the RAP. 3) Past performance based on number and quality of the Performance Evaluation Surveys (15 points). PHASE II 3) Presentation and Interview of Key personnel (30 points). PHASE III 4) Bid Price (20 points). Scoring procedure: When the TECHNICAL REVIEW PANEL convenes they will provide their scores for Phase 1. At the Panel's discretion, taking into consideration the number of responses, the Panel may decide to short list bidders for continuation of Phase II through III. Upon completion of scores for Phase I, scores shall be carried over to Phase 11. Upon completing the Presentation and Interview session with each bidder, the score for Phase II will be carried over to the Final Phase; Phase III, Price. Phase III shall be evaluated and scored at the end of the Evaluation process. The Bid Price will not be opened until the TECHNICAL REVIEW PANEL has provided their scores for Phases I and 11. Upon evaluation and ranking of Phase III, the TECHNICAL REVIEW PANEL shall add all three Phase scores and shall arrive at a final score at which time; they will provide their ranking of bids and their recommendation to the City Manager which in turn he will provide his recommendation to the City Commission. BID NO: 27-06/07 DATE: 01/25/07 CITY OF MIAMI BEACH 33 00310. BID SUBMISSION REQUIREMENTS The following information should be submitted with you bid response 1.01 CONTENTS OF QUALIFICATION STATEMENT Bid packages must contain the following documents, each fully completed, and signed as required. Bid packages must contain the following documents, each fully completed, and signed as required. Bid packages which do not include all required documentation, or are not submitted in the required format, or do not have the appropriate signatures on each document, may be deemed in the City's sole discretion to be non-responsive. The City reserves the right to request any documentation omitted, with exception of the 5% Bid bond and the Bid Price form in a sealed envelope, bidder must submit the documentation within three (3) calendar days upon request from the City, or the bid shall be deemed non- responsive. Non-responsive bid packages will receive no further consideration. A. IDENTIFICATION PAGE AND TABLE OF CONTENTS Bidder shall provide an Identification Page including the following information: • Name of Bidder. (Note: if co venture, specify) • Address of submitting Bidder. (Note: if co venture, specify) • E-mail address for the appropriate contact person at the submitting company. • Phone number and facsimile number of submitting Bidder. • Federal Tax Identification Number for submitting Bidder. • Declaration regarding company organization, whether as Corporation, Partnership, or other. (Note: if co venture, specify) • Signature of an officer or other individual of the submitting Bidder who has the authority to bind said Bidder. • Printed name of the authorized signing officer or other individual. • Title of the authorized signing officer. • Date of signature. • Table of Contents. B. QUALIFICATION AND EXPERIENCE OF THE CONTRACTOR'S TEAM It is a requirement of the bid that the Bidder, staff the project with competent individuals, and qualified supervisory personnel. To that end, the Bidder shall provide: • Bidder (Business Entity) shall demonstrate the Contractor Team's (i.e., General Contractor, sub -contractors, and key personnel) ability to execute the type of work described within the Contract Documents of this Invitation to Bid BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 34 (ITB). The Contract Documents place emphasis on executing a scope of work consisting of, but not limited to, the following: demonstrated experience with dune enhancement projects, placement of fill, exotic vegetation removal and native species planting, and public streetscape, public right-of-way construction, bike path and urban park projects. It is further recommended that the bidder provide representative projects as outlined above to include the following information and components: • Project name • Project location • Brief description of work performed • Names, addresses, telephone number, fax number, and contact name for the following: • Owner or Agency • Name of General Contractor's project manager and field superintendent • Awarded contract amount and final contract amount • Date of project completion • A checklist or description of the following types of construction encountered on the project, if applicable: Experience with dune enhancement projects Placement of fill Exotic vegetation removal and native species planting Public streetscape Public right-of-way construction Bike path and urban park projects Maintenance of access for pedestrians to businesses or residences Other: List as may apply • An organizational chart listing the proposed key personnel, their qualifications and their roles in the project, resumes which shall include educational background, work experience, employment history, and any other pertinent information. Where applicable, Bidder team members shall also submit current and valid certifications and/or licenses for their individual scope of supervision. At a minimum, the bidder shall include the following proposed project team members: • Construction Project Manager • Construction Superintendent • Site Foreman • A staffing plan that clearly illustrates the key elements of the proposed organizational structure. The staffing plan should indicate the availability of BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 35 the personnel proposed to work on the Project. The staffing plan should also indicate the name of the individual who will serve as the primary contact with City. Bidder shall clearly detail the role of all Sub -contractors proposed for the Project. C. PAST PERFORMANCE Each Bidder should provide proof of successful project completions for projects comparative is size and complexity as outlined on this bid. Please provide your client with the Performance Evaluation Letter and Survey attached herein on pages 44 and 45, and request that your client submit the completed survey to Roman Martinez, Sr. Procurement Specialist at (Fax) 305-673-7851 or e-mail romanmartinez(a�miamibeachfl.gov. Please understand that we will not accept Client Surveys being sent to our office from the office of the bidder, Surveys must be sent to Procurement from your client's office(s). Contractors are responsible for making sure their clients return the Performance Evaluation Surveys to the City. The City reserves the right to verify and confirm any information submitted in this process. Such verification may include, but is not limited to, speaking with current and former clients, review of relevant client documentation, site -visitation, and other independent confirmation of data. D. RISK ASSESSMENTS All bidders must submit a Risk -Assessment Plan. The Risk -Assessment Plan should not be longer than four pages front side of page only. The RAP should not contain any reference to the bidders name within the document. Please exclude any letterhead or logos, anything that can identify your company's name. (Note: The City reserves the right to request, from the bidder, to re -submit the RAP in cases where the RAP has exceeded the four pages of length or any RAP that has been identified with the bidder's name or logo. Consultants must submit the documentation within three (3) calendar days upon request from the City, or the proposal shall be deemed non-responsive.) The RAP should be submitted in a sealed labeled envelope and included within the ITB submission. The Risk -Assessment Plan should address the following items in a clear and generic language:. (Please refer to Section 00315.BEST VALUE PROCUREMENT ATTACHMENTS AND FORMS, Attachment No. 3 and 4 found on pages 46-49). The RAP should address the following items in a clear and generic language: (1) What risks the project has. (Areas that may cause the Contractor not to finish on time, not finish within budget, cause any change orders, or be a source of dissatisfaction with the owner). (2) Explanation of how the risks will be avoided/minimize. (3) Propose any options that could increase the value of this project. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 36 (4) Explain the benefits of the Risk Assessment Plan. Address the quality and performance differences in terms of risk minimization that the City can understand and what benefits the option will provide to the user. Do not provide brochures or marketing pieces. (5) Provide a Preliminary Project Schedule. E. BID PRICE Bidders are required to submit their bid price lump sum using the forms found on pages 56, and provide the breakdown of the lump sum on pages 57-63 herein. Bidders are to submit these forms in a sealed envelope and label the envelope as "Bid Price". Please DO NOT PLACE YOUR COMPANY's NAME on the price proposal sealed envelope. The RAP and Preliminary Project Schedule shall be submitted in a separate sealed envelope and this envelope may be labeled with your company's name. The Bid Price shall be evaluated and ranked at the end of the TECHNICAL REVIEW PANEL Meeting and the score added to Phases I and II to arrive at a final score for each bidder. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 37 00315. BEST VALUE PROCUREMENT ATTACHMENTS AND FORMS ATTACHMENT 1 Detailed Instructions on How to Prepare a Reference List and How to Prepare and Send Performance Surveys Overview The objective of this process is to identify the past performance of a vendor and key components of their team. This is accomplished by sending survey forms to past customers. The customers will return the forms directly to the client, and the ratings will be averaged together to obtain a firm's past performance rating. The figure below illustrates the survey process. Vendor or Individual Send/Fax Surveys to past clients Call to Confirm Past Customers U Prepare & Email Reference List Faxes back to the client Figure 1: Survey Process A. Creating and Submitting a Reference List CLIENT 1 The Client Compiles Information 1. All key components must create a list of past users that will evaluate their past performance. This will be referred to as a "Reference List". The Reference List Excel file can be downloaded from Bid Net under ITB -27-06/07 or can be sent to you via E-mail, please send an E-mail to romanmartinezCa mimaibeachfl.aov requesting the file. BID NO: 27-06/07 DATE: 01/25/07 CITY OF MIAMI BEACH 38 2. The key components may be different for each project. If you are proposing on a specific project, please make sure to find out what the critical components are for that proiect. The following are the most common key components used: Key Component Minimum Number of Maximum Number of Surveys allowed Surveys allowed The Construction Firm 1 25 The Project Manager 1 10 The Superintendent 1 10 3. The vendor is responsible for selecting their team and for the performance of their team. We recommend that the vendor use high performing individuals (i.e. project manager, and any other individuals required on a particular project), as well as high performing specialty architectural or engineering firms. 4. The maximum number of past projects that will be given credit, is 25 (twenty-five) for each firm, and 10 (ten) for each individual (PM, etc.). The minimum number of past projects is 1 (one) for each key component. Credit will be given to vendors with more high performing surveys. 5. The reference list should include the firms/individuals "best" projects. Credit will be given to vendors / individuals with more high performing surveys. 6. The Reference List must include the following (All fields are required! If you do not submit all the information required, there will be no credit given for the reference): CODE A unique (different) number assigned to each project FIRST NAME First name of the person who will answer customer satisfaction questions. LAST NAME Last name of the person who will answer customer satisfaction questions. PHONE NUMBER Current phone number for the reference (including area code). FAX NUMBER Current fax number for the reference (including area code). CLIENT NAME Name of the company or institution that the work was performed for (i.e. Cactus School District, Rock Industries, City of Austin). PROJECT NAME Name of the project (Bird High School A -Wing, Warehouse B, etc.). DATE COMPLETED (MM/DD/YYYY] COST OF PROJECT Awarded cost of project ($50,000) Date when the project was completed. (i.e. 5/31/1995) 7. The data in the reference list must be submitted via fax to Roman Martinez at 305-673-7851 and in electronic format on a MS Excel spreadsheet file. The file must also be emailed to Roman Martinez at romanmartinez(cDmiamibeachfl.ciov . (The format of the file is shown in Figure 2). 8. The vendor is responsible for verifying that their (and their key components) information is accurate prior to submission. 9. The reference list must contain different proiects. You cannot have multiple people evaluating the same iob. However, one person may evaluate several different jobs. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 39 Pa Attachment 4 - Reference panyFrofile (Constructionj.xls FIRST 4AE 1 Kyle 2 George 3 Phil 4 Bill 5 Matt 6 Keith Jones 7 Gilbert Grey 9 8 John Grecko 14 4 ► N \ Profile Reference List/ LAST NAME Smith Johnson McGill Robinson Carnigan FAX NUMBER - 458 -963-8562 458-963-8563 City of Mesa 549-785-9654 458-965-7852 136-621-1264 658-965-8965 658-965-8966 ADOT 458-965-8523 458-965-8524 City of Gilbert 436-965-8523 486-965-8523 City of Phoenix 486-965-8563 486-965-8563 ACG Buildings 549-785-9655 City of Mesa 458-965-7853 City of Mesa Cafeteria #1 136-621-1265 ABB Warehouse Warehouse renovation Stapley Road Overpass Road Renovation Street Light Installation Building 456 renovation 1< LiJiT NAM Mesa Park Police Building 3 Figure 2: Example of Reference List 6/15/2000 6/8/1999 716/1980 6/2/1995 1/5/2002 5/4/2003 7/2/1990 8/2/2003 10. The past projects (on the reference list file) do not have to be similar to the type of project being bid. 11. The past projects must be completed past proiects (no on-going or substantially complete projects). 12. The past client/owner must evaluate and complete the survey. $36,589 I $452,389 $12,648 $154,893 $15,648 $4,865,923 $456,876 $159,764 v 13. All key components must submit their reference list in separate excel files. There must be a separate excel file for each company and individual participating in the process. Name the file by the company name or the individual name. Figure 3 shows a sample of the excel files that must be emailed to the client. Name ®ABC Contracting - Reference List.xls ®Mark McGraw (Project Manager) - Reference List.xls NA Pam Hamilton (Site Super) - Reference List.xls lj Spark Electrical Contractors - Reference List.xls [jBob and Sons Mechanical Contractors - Reference List.xls Figure 3. Submit separate excel files for each component [EI Email Reference lists to the client. 14. Each key component should inform their past clients about the survey and the deadline for submission of the information. The City may contact the references for additional information. If the reference cannot be contacted, there will be no credit given for that reference. 15. Each Excel file will have two tabs (see Figure 4 below). One tab contains the reference list information (discussed above), and the second tab contains the company or individual profile. The profile tab contains information about the key component (firm or individual). Fill out the company information if the excel file is for the Lead Firm, Specialty Firm or Individual. Fill out the individual information if the excel file is for an individual. DO NOT fill BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 40 out both sections in one excel file. (Remember: each component will have their own excel file). D Microsoft Excel - C060516_CMB_ Copy of Reference List and Company Profile (A_E_SERVICES) -� He 'Edd Irew Insert Format ok Data Window Help Adoke PDF ' E to, 1 Arial A J • 10 CIEs 1 C ICI El F I Please FHI out only one of the forms below. If this reference list is for a company, please use the Company form on top. If this reference list is lot and individual, please put their information in the second form below. DO NOT fill out both. Remember there must be a separate excel fie for each individual participating in the process. 4 Comping Name: 5 Tgpe: 6 Point of Contact:1 7 Phone Number:1 8 Fax Number:1 9 Email:1 10 11 12 13 Compar y G H I 1 J K .f(AIE Firm, Landscape Architecture Firm, Traffic Engineering Firm, etc) Page 1 14 IndiVI4IUaI 15 Individual Name:1 16 T5pe:1 I (Project Manager, etc.) 17 Compang Name: 18 Phone Number: 1 19 Fax Number: 20 Email: L Figure 4: Example of the Profile tab. This tab contains information about the key component (whether it is an individual or firm) B. Preparing the Surveys 1. Each key component (Firm or individual) is responsible for sending out a survey questionnaire to each of their past clients. The survey questionnaire is provided in this document. 2. Each key component should enter the Survey ID (Code), past clients contact information, and project information on each survey form for each reference. The team member should also enter the name of the firm and/or individual being surveyed. 3. All the information on the survey form must match the reference information in the excel file (see Figure 5). BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 41 Attachment 4 - Reference List and Company Profile (Construction). xls CODE FIRST NAME LAST NAME 2I 1 Kyle Smith ER CLIENT imial PROJECT NAME • 458-963-8562 458-963-8563 City of Mesa Mesa Park 49-785-9654 549-785-9655 City of Mesa Police Building 3 58-965-7852 458-965-7853 City of Mesa Cafeteria #1 Jake McReaken 136-621-1264 136-621-1265 ABB Warehouse Warehouse renovation Bob Hardy 65Q-�65-8965 658-965-8966 ADOT Stapley Road Overpass Mitchell Adams 4 - 65-8523 458-965-8524 City of Gilbert Road Renovation 8 7 Bill Robinson 486-965-8523 486-965-8523 City of Phoenix Street Liaht Installation 9 8 ohn Grecko 486-965-8563 486-965-8563 ACG Buildings Building 456 renovation 1 1 I. ►i \ Pro - eference List/ I< To: Survey Questionnaire Phil McGill rorrE COMPLETED MlM/pQnmvl /15000 6/8/1999 7/8/1980 6/2/1995 1/5/2002 5/4/2003 72/1990 822003 Survey ID 0_3 (Name of person completing survey) Phone: 458-965-7852 Fax: 458-965-7853 Subject: Past Performance Survey of: ABC (Name of Company) Maik McGraw (PM). Pam Hamilton (SS) (Name of /na'vidua/s) COST OF PROJECT A Client is implementing a process that collects past performance information on firms and their key personnel. The information will be used to assist the client in the selection of firms to perform various projects. The firm/individual listed above has listed you as a client for which they have previously performed work on. We would appreciate your taking the time to complete this survey. Rate each of the criteria on a scale of 1 to 10, with 10 representing that you were very satisfied (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/individual again). Please rate each of the criteria to the best of your knowledge. If you do not have sufficient knowledge of past performance in a particular area, leave it blank. Client Name: City of Mesa Project Name: Cafeteria #1 Project Completion Dater 17/6/1980 1 NO CRITE RIA Ability to manage the project cost (minimize change orders) UNIT (1-10) Figure 5: Example of Survey Form. The information must match the excel file. To save work in the future, list all key individuals on the survey that participated on the project. $36,589 $452,389 512,648 $154,893 $15,648 $4,865,923 $456,876 $159,764 4. If a reference will be evaluating several team members (such as the PM), please list all of the members on the survey form to get credit for all the areas (as shown in Figure 5). 5. Do not list more than one individual for the same position (i.e. if Joe Smith was a PM on the project, you cannot list another individual as a PM on that same project). BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 42 v 6. Each key component is responsible for making sure that their past clients receive the survey, complete the survey, and return the survey back to the present client. The survey must be sent directly from the past client to the City of Miami Beach. Surveys that are sent from the company providing the bid for this proiect shall not be accepted. Be sure to indicate to your clients the due date when the survey should be faxed in to the City of Miami Beach. 7. The City of Miami Beach may contact the reference for additional information or to clarify survey data. If the reference cannot be contacted, there will be no credit given for that reference. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 43 ATTACHMENT 2 m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305.673.7490 , Fax: 305.673.7851 Date: To: Phone: Fax: E-mail: Subject: Performance Evaluation of Number of pages including cover: 2 To Whom It May Concern: The City of Miami Beach has implemented a process that collects past performance information on various Consultants and/or Contractors that have performed Construction Services for Right of Way and Utilities. The information will be used to assist City of Miami Beach in the evaluation of a Contractor for services performed for your agency or company. The company listed in the subject line has chosen to participate in this program. They have listed you as a past client that they have done work for. Both the company and City of Miami Beach would greatly appreciate you taking a few minutes out of your busy day to complete the accompanying questionnaire. Please review all items in the following attachment and answer the questions to the best of your knowledge. If you cannot answer a particular question, please leave it blank. Please return this questionnaire to Roman Martinez by close of business day February 22. 2007or earlier by fax: 305.673.7851; or e-mail romanmartinezamiamibeachfl.gov Thank you for your time and effort. Gus Lopez, CPPO Procurement Director BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 44 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305.673.7490 , Fax: 305.673.7851 PERFORMANCE EVALUATION SURVEY Contractor's or Individuals Name who the Reference is for: Project Name: Project Cost: Please evaluate the performance of the Consultant (10 means you are very satisfied and have no questions about hiring them again, 5 is if you don't know and 1 is if you would never hire them again because of very poor performance). NO CRITERIA 1 Ability to manage the project cost (minimize change orders) 2 Ability to maintain project schedule (complete on-time or early) 3 Quality of workmanship 4 Professionalism and ability to manage (includes responses and prompt payment to suppliers and subcontractors) Close out process (no punch list upon turnover, warranties, as - 5 builts, operating manuals, tax clearance, etc. submitted promptly) 6 Communication, explanation of risk, and documentation Ability to follow the users rules, regulations, and requirements (housekeeping, safety, etc...) Overall customer satisfaction and hiring again based on performance (comfort level in hiring contractor again) 8 Overall Comments: Agency or Contact Reference Business Name: Contact Name: Contact Phone and e-mail: Date of Services: UNIT (1-10) (1-10) (1-10) (1-10) (1-10) (1-10) (1-10) (1-10) PLEASE FAX THIS QUESTIONNAIRE TO ROMAN MARTINEZ AT 305.673.7851 BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 45 ATTACHMENT 3 Risk Assessment Plan Guide Introduction The purpose of the Risk Assessment Plan (RAP) is to capture the contractor's ability to preplan (identify the risks on a future project in terms of cost ($), time, and client expectation of quality and performance). The RAP is used to: 1. Assist the client in prioritizing firms based on their ability to understand the risk of a project. 2. Provide high performing vendors the opportunity to differentiate themselves due to their experience and expertise. 3. Giving the competitive edge to experienced companies who have done the type of work before, who can see the job from beginning to end, and who know how to minimize the risk. 4. Provide a mechanism for the high performers to regulate the low performers by ensuring that if they are not selected, the selected company will minimize the risk and provide the client with a comparable performance. The RAP document or portions thereof. submitted by the successful bidder may be included within the contract documents. The City of Miami Beach reserves the right to accept or reject anv of the risk items and/or the cost associated with each risk item identified. Additionally. the successful bidder will be required to submit a justification of the cost associated with anv of the proposed risks in their Risk Assessment for analysis by the City upon request. In addition to the above. the risks identified on the Risk Assessment Plans or portions thereof. of the unsuccessful bidders may become part of the Quality Control Plan that will be prepared by the successful bidder as a result of negotiations with the City. RAP Plan Format The format for the RAP is attached. The RAP should clearly address the following items in a non-technical manner: 1. List and prioritize major risk items or decisions to be made that are unique to this project. This includes items that may cause the project to not be completed on time, not finished within budget, generate any change orders, or may be a source of dissatisfaction for the City. Attach a cost ($), time extension, or quality differential for every risk. 2. Explain how the Contractor will avoid / minimize the risk. If the contractor has a unique method to minimize the risk, it should be explained in non-technical terms. 3. Propose any options that could increase the value (expectation or quality) of their work. List any value or differential that the contractor is bringing to the project. 4. Attach a Preliminary Project Schedule. No names!!! - In order to minimize any bias by the TECHNICAL REVIEW PANEL, the RAP must not contain ANY names (such as contractor, manufacturer, or designer BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 46 names, personnel names, project names, product names, or company letterhead). The RAP should not contain any marketing information. Length - The City's goal is to make the selection process as efficient as possible. Efficiency is to minimize the effort of all participants, especially those who will not get the project. Therefore, the RAP should be a brief, well organized and concise. The RAP must not exceed 2 pages, does not include the preliminary project schedule or the phasing plan, these are additional. Font size - The font should be no smaller than 12 point. Organization - Outline format. The attached format is only a sample. Impact of Risks Risks are any items that you should be concerned with throughout the entire project. They are the most critical items that can impact the cost, time, or quality expectation of the client. The risks should be prioritized, or listed in order by the greatest risks at the top to the lowest risk in descending order. Each risk should have a cost and/or time concern. If the risk has cost implications, the actual estimated cost should be listed. If it has time concerns, the number of days should be listed. Rating of Risk Assessment Plans The RAP will be rated by the TECHNICAL REVIEW PANEL assigned to this project. Rating criteria will be: 1. The understanding and minimization of risks. 2. Contractor's differentiation of their value. 3. The Preliminary Project Schedule. Checklist for Risk Assessment Plan 1. Are all names removed from the RAP: personal, project, or company names? 2. Does every risk have a cost or time attached to it? 3. Are risks listed, high impact risks? (Do not list risks that you can easily handle unless you perceive others are not doing it) 4. Does the RAP include all service, quality control processes; documentation that you do that your competition does not. 5. Are you including Public Relation risks such as interfacing with project managers, users of the facility, or audit/inspection personnel? 6. Do you have a preliminary project schedule? 7. Does your RAP plan differentiate you? By how much? 8. Can your RAP plan make a non-technical person comfortable with hiring you? 9. Did you number the pages of the risk assessment plan? 10. Did you print 1 original and 10 copies of your RAP and enclosed them in a sealed envelope? If all items are checked, your risk assessment plan is ready to submit. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 47 ATTACHMENT 4 Risk Assessment Plan Format Please prioritize the risks (list the greatest risks first). Indicate the potential impact to project cost (in terms of $), and/or schedule (in terms of calendar Days). You may add/delete the risk tables below as necessary. Maior Risk Items Risk 1: Impact: Solution: Risk 2: Impact: Cost ($) Solution: Risk 3: Impact: Cost ($) Solution: Schedule (Days) Schedule (Days) Schedule (Days) Risk 4: Impact: Cost ($) Schedule (Days) Solution: Risk 5: Impact: Cost ($) Solution: Risk 6: Impact: Cost ($) Solution: Schedule (Days) Schedule (Days) Risk 7: _ Impact: Cost ($) Schedule (Days) Solution: BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 48 Risk 8: Impact: Cost ($) Solution: Schedule (Days) Amended, Addendum No.. 7. Risk 9: Impact: Cost ($) Schedule (Days) Solution: Risk 10: Impact: Cost ($) Schedule (Days) Solution: Value Added Options or Differentials (what you will do that the others do notl Vendors should identify any value added options or differentials that they are proposing, and include a short description of how it adds value to the project. Identify if the items will increase or decrease project schedule, cost, or expectation. You may add/delete the value tables below as necessary. Item 1: Impact: Cost ($) Schedule (Days) Item 2: Impact: Cost ($) Schedule (Days) Item 3: ......_...._....... ................ . Impact: Cost ($) Schedule (Days) Item 4: Impact: Cost ($) Schedule (Days) Attach a Preliminary Proiect Schedule BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 49 ATTACHMENT 5 Interview of Key Personnel Introduction The purpose of the interview is to rate the following of key individuals in their respective areas: 1. How well they see the project, from beginning to end. 2. Can they pick out and prioritize the critical points (risk) in terms of time and cost, and have they preplanned for them. 3. Can they continuously improve. 4. Can they measure their own performance. 5. Can they minimize change orders, additional charges, and customer dissatisfaction? 6. Project Manager will be asked to provide a draft project schedule with at least 6 milestones and provide any risk and time associated with each of the milestones. Format The key personnel shall be evaluated by the TECHNICAL REVIEW PANEL during its meeting(s), and should be prepared to attend if invited to provide a presentation. The company's that are invited for the interviews will be able to provide a small presentation which will be followed by an interview that will cover the above points. They will be questioned by the TECHNICAL REVIEW PANEL and other individuals who may include the procurement staff and personnel from several City user Departments. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 50 00410. BID GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT Date of Issue Issuing Bank's No. Beneficiary: Applicant: City of Miami Beach Amount: 1700 Convention Center Drive in United States Funds Miami Beach, Florida 33139 Expiring: (Date) Bid/Contract Number We hereby authorize you to draw on at (branch address) of (Bank, Issuer name) by order of and for the account (contractor, applicant, customer) up to an aggregate amount, in United States Funds, of available by your drafts at sight, accompanied by: 1. A signed statement from the City Manager of the City of Miami Beach, or his authorized representative, that the drawing is due to default in performance of obligations on the part of agreed upon by and (contractor, applicant, customer) between City of Miami Beach, Florida and (contractor, applicant, customer) pursuant to the Bid/Contract No. for (name of project) Drafts must be drawn and negotiated not later than (expiration date) Drafts must bear the clause: "Drawn under Letter of Credit No. of dated (Bank name) BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 64 This Letter of Credit sets forth in full terms of our undertaking, and such undertaking shall not in any way be modified, amended, or amplified by reference to any documents, instrument, or agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this Letter of Credit that such drafts will be duly honored upon presentation to the drawee. The execution of the Contract and the submission of the required Performance and Payment Guaranty and Insurance Certificate by the (contractor, applicant, customer) shall be a release of all obligations. This Letter of Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict between the law of another state or country and Florida la -+w should arise, Florida law shall prevail. Authorized Signature BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 65 00550. RECYCLED CONTENT INFORMATION In support of the Florida Waste Management Law, Bidders are encouraged to supply with their bid, any information available regarding recycled material content in the products bid. The City is particularly interested in the type of recycled material used (such as paper, plastic, glass, metal, etc.); and the percentage of recycled material contained in the product. The City also requests information regarding any known or potential material content in the product that may be extracted and recycled after the product has served its intended purpose. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 79 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 140thtiJ %P/ellthdQS Lic. , hereinafter referred to as CONTRACTOR. W I T N E S S E T H, that CONTRACTOR and CITY, for the considerations hereinafter named, agree as follows: ARTICLE 1 SCOPE OF WORK CONTRACTOR hereby agrees to furnish all of the labor, materials, equipment services and incidentals necessary to perform all of the work described in the Contract Documents and related thereto for the Project. ARTICLE 2 CONTRACT TIME 2.1 CONTRACTOR shall be instructed to commence the Work by written instructions in the form of a Standing Order issued by the City's Procurement Director and a Notice to Proceed issued by the Contract Administrator. Two (2) Notices to Proceed will be issued for this Contract. CONTRACTOR shall commence scheduling activities, permit applications and other preconstruction work within five (5) calendar days after the Project Initiation Date, which shall be the same as the date of the first Notice to Proceed. The first Notice to Proceed and Purchase Order will not be issued until CONTRACTOR's submission to CITY of all required documents(including but limited to: Payment and Performance Bonds, and Insurance Certificate) and after execution of the Contract by both parties. 2.1.1. The receipt of all necessary permits by CONTRACTOR and acceptance of the full progress schedule in accordance with technical specifications section, submittal schedule and schedule of values is a condition precedent to the issuance of a second Notice to Proceed to mobilize on the Project site and commence with physical construction of the work. The CONTRACTOR shall submit all necessary documents required by this provision within thirty (30) calendar days of the issuance of the first Notice to Proceed. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 80 2.2 Time is of the essence throughout this Contract. This project shall be substantially completed within three -hundred and fifty-nine (359) calendar days from the issuance of the second Notice to Proceed, and completed and ready for final payment in accordance with Article 5 within thirty (30) calendar days from the date certified by CONSULTANT as the date of Substantial Completion. 2.3 Upon failure of CONTRACTOR to substantially complete the Contract within the specified period of time, plus approved time extensions, CONTRACTOR shall pay to CITY the sum of Two -Thousand Dollars ($2000.00) for each calendar day after the time specified in Section 2.2 above, plus any approved time extensions, for Substantial Completion. After Substantial Completion should CONTRACTOR fail to complete the remaining work within the time specified in Section 2.2 above, plus approved time extensions thereof, for completion and readiness for final payment, CONTRACTOR shall pay to CITY the sum of Two - Thousand Dollars ($2000.00) for each calendar day after the time specified in Section 2.2 above, plus any approved extensions, for completion and readiness for final payment. These amounts are not penalties but are liquidated damages to CITY for its inability to obtain full beneficial occupancy and/or use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by CITY as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of CONTRACTOR to complete the Contract on time. The above -stated liquidated damages shall apply separately to each portion of the Project for which a time for completion is given. 2.4 CITY is authorized to deduct liquidated damages from monies due to CONTRACTOR for the Work under this Contract or as much thereof as CITY may, in its sole discretion, deem just and reasonable. 2.5 CONTRACTOR shall be responsible for reimbursing CITY, in addition to liquidated damages, for all costs incurred by CONSULTANT in administering the construction of the Project beyond the completion date specified above, plus approved time extensions. CONSULTANT construction administration costs shall be pursuant to the contract between CITY and CONSULTANT, a copy of which is available upon request of the Contract Administrator. All such costs shall be deducted from the monies due CONTRACTOR for performance of Work under this Contract by means of unilateral credit change orders issued by CITY as costs are incurred by CONSULTANT and agreed to by CITY. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 81 [1 ARTICLE 3 THE CONTRACT SUM This is a Unit Price Contract:* 3.1 CITY shall pay to CONTRACTOR the amounts determined for the total number of each of the units of work completed at the unit price stated in the schedule of prices bid. The number of units contained in this schedule is an estimate only, and final payment shall be made for the actual number of units incorporated in or made necessary by the Work covered by the Contract Documents. 3.2 Payment shall be made at the unit prices applicable to each integral part of the Work. These prices shall be full compensation for all costs, including overhead and profit, associated with completion of all the Work in full conformity with the requirements as stated or shown, or both, in the Contract Documents. The cost of any item of work not covered by a definite Contract unit price shall be included in the Contract unit price or lump sum price to which the item is most applicable. [ X ] This is a Lump Sum Contract:* 3.1 CITY shall pay to CONTRACTOR for the performance of the Work described in the Contract Documents, the total price stated as awarded. 3.2 Payment shall be at the lump sum price stated in the Contract. This price shall be full compensation for all costs, including overhead and profit, associated with completion of all the work in full conformity with the requirements as stated or shown, or both, in the Contract Documents. The cost of any item of work not covered by a definite Contract lump sum should be included in the lump sum price to which the item is most applicable. *Note: Some Projects include both unit prices and lump sums in which case both sections shall apply to the Work identified for each type of Contract. ARTICLE 4 PROGRESS PAYMENTS 4.1 CONTRACTOR may make Application for Payment for work completed during the Project at intervals of not more than once a month. CONTRACTOR's application shall show a complete breakdown of the Project components, the quantities completed and the amount due, together with such supporting evidence as may be required by CONSULTANT. CONTRACTOR shall include, but same shall be limited to, at Consultant's discretion, with each Application for Payment, an updated progress schedule acceptable to CONSULTANT as BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 82 required by the Contract Documents and a release of liens and consent of surety relative to the work which is the subject of the Application. Each Application for Payment shall be submitted in triplicate to CONSULTANT for approval. CITY shall make payment to CONTRACTOR within thirty (30) days after approval by CONSULTANT of CONTRACTOR's Application for Payment and submission of an acceptable updated progress schedule. 4.2 Ten percent (10%) of all monies earned by CONTRACTOR shall be retained by CITY until Final Completion and acceptance by CITY in accordance with Article 5 hereof, except that after ninety percent (90%) of the Work has been completed, the Contract Administrator may reduce the retainage to five percent (5%) of all monies previously earned and all monies earned thereafter. Any reduction in retainage shall be in the sole discretion of the Contract Administrator, shall be recommended by CONSULTANT and CONTRACTOR shall have no entitlement to a reduction. Any interest earned on retainage shall accrue to the benefit of CITY. All requests for retainage reduction shall be in writing in a separate stand alone document. 4.3 CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: 4.3.1 Defective work not remedied. 4.3.2 Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR or CITY because of CONTRACTOR's performance. 4.3.3 Failure of CONTRACTOR to make payments properly to Subcontractors or for material or labor. 4.3.4 Damage to another contractor not remedied. 4.3.5 Liquidated damages and costs incurred by CONSULTANT for extended construction administration. 4.3.6 Failure of CONTRACTOR to provide any and all documents required by the Contract Documents. When the above grounds are removed or resolved satisfactory to the Contract Administrator, payment shall be made in whole or in part. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 83 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 lf, after the Work has been substantially completed, full completion thereof is materially delayed through no fault of CONTRACTOR, and CONSULTANT so certifies, CITY shall, upon certificate of CONSULTANT, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 5.4 Final payment shall be made only after the City Manager or his designee has reviewed a written evaluation of the performance of CONTRACTOR prepared by the Contract Administrator, and approved the final payment. The acceptance of final payment shall constitute a waiver of all claims by CONTRACTOR, except those previously made in strict accordance with the provisions of the General Conditions and identified by CONTRACTOR as unsettled at the time of the application for final payment. ARTICLE 6 MISCELLANEOUS 6.1 This Contract is part of, and incorporated in, the Contract Documents as defined herein. Accordingly, all of the documents incorporated by the Contract Documents shall govern this Project. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 84 6.2 Where there is a conflict between any provision set forth within the Contract Documents and a more stringent state or federal provision which is applicable to this Project, the more stringent state or federal provision shall prevail. 6.3 Public Entity Crimes In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the CITY, may not submit a bid on a contract with the CITY for the construction or repair of a public building or public work, may not submit bids on leases of real property to the CITY, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the CITY, and may not transact any business with the CITY in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the CITY purchase and may result in Contractor debarment. 6.4 Independent Contractor CONTRACTOR is an independent contractor under this Contract. Services provided by CONTRACTOR pursuant to this Contract shall be subject to the supervision of CONTRACTOR. In providing such services, neither CONTRACTOR nor its agents shall act as officers, employees, or agents of the CITY. This Contract shall not constitute or make the parties a partnership or joint venture. 6.5 Third Party Beneficiaries Neither CONTRACTOR nor CITY intend to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract. 6.6 Notices Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand -delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 85 The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For CITY: Procurement Division 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Gus Lopez, Procurement Director With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: 1AoO nag Cot Ac(LS uc . 9X15 vs . %'L'i.42 ASL AL l klAtre.A1A FL 31bt� 6.7 Assignment and Performance Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, CONTRACTOR shall not subcontract any portion of the work required by this Contract except as authorized by Section 27 of the General Conditions. CONTRACTOR represents that all persons delivering the services required by this Contract have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Work and to provide and perform such services to CITY's satisfaction for the agreed compensation. CONTRACTOR shall perform its duties, obligations, and services under this Contract in a skillful and respectable manner. The quality of CONTRACTOR's performance and all interim and final product(s) provided to or on behalf of CITY shall be comparable to the best local and national standards. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 86 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. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 87 representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with Section 6.11 above. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. (AAA -LA THE CITY OF MIAMI BEACH City Clerk Robert Parcher Jerry Libbin CONTRACTOR MUST EXECUTE THIS CONTRALVc?:nia,i Lu DaLOW. USE CORPORATION OR NONCORPORATION FORMAT, AS APPLICABLE. [If incorporated sign below.] CONTRACTOR ATTEST: Rog aot.1 Lvfrtbl AGkod.t �►lc. ./ (Secretary) ' (Corporate Seal) [If not incorporated sign below.] WITNESSES: By: By: 1 (Name of Corporation) (8ignature) �oW R &uc ti (Print Name and Title) 15 day of 1Joitediews.. CONTRACTOR (Name of Firm) (Signature) (Print Name and Title) day of iQ�SID6N T ,20 n1. , 20 . CITY REQUIRES FOUR (4) FULLY -EXECUTED CONTRACTS, FOR DISTWhu HISTO CITY OF MIAMI BEACH FORM & LANGUAGE 88 & FOR EXECUTION BID NO: 27-06/07 DATE: 01/25/07 00708. FORM CERTIFICATE OF INSURANCE A form Certificate of Insurance will be attached here. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 89 ACORD`� CERTIFICATE OF LIABILITY INSURANCE PRODUCER Millennium Insurance & Investments Corp 4100 Johnson Street Hollywood, FL 33021 I DATE (MMIDD/YYYY) 02/20/2007 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. PH: (954) 983-4252 INSURERS AFFORDING COVERAGE NAIC # INSURED Horizon Contractors, Inc. 8175 W 32nd Avenue, Suite 1 Hialeah, FL 33018-5806 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. INJK AUU L LTR INSRD INSURER A: INSURER 8: INSURER C: INSURER D: INSURER E: Bridgefield Employers Insurance Company TYPE OF INSURANCE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY n PROJECT n LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS/UMBRELLA LIABILITY OCCUR El CLAIMS MADE ] DEDUCTIBLE RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? NO If yes, describe under SPECIAL PROVISIONS below OTHER POLICY NUMBER 830-34579 EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurence) 1 MED EXP (Any one person) 1 PERSONAL & ADV INJURY 1 GENERAL AGGREGATE 1 PRODUCTS - COMP/OP AGG LIMITS COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EA ACC AGG 1 EACH OCCURRENCE AGGREGATE 06/09/2006 06/09/2007 n TORY L MITS n EIR I` E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT UCJt.NI'1 IVIV OF UI I%n 1 IUIVJ I LULA I IVIVJ I V tMII.LtJI MAUI-Wit-114'4AUUtU b 1 tIVUUR, IVItIV 1 I: 5I L..IAL Y I(UVIJIUND Project Name: North Beach Recreational Co ridor Phase 1, 2 & 3 - Bid No.: 27-06/07 CERTIFICATE HOLDER City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 ACORD 25 (2001/08) 1,000,000 1,000,000 1,000,000 **30 DAYS EXCEPT FOR NON-PAYMENT OF PREMIUM 10 DAYS CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ** DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Gloria J. Bravo, CIC © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) ACORD CERTIFICATE OF LIABILITY INSURANCE PRODUCER Brown & Brown of Florida, Inc. 5900 N. Andrews Ave. #300 P.O. Box 5727 Ft. Lauderdale FL 33310-5727 Phone:954-776-2222 Fax:954-776-4446 INSURED Horizon Contractors, Inc. Attn: Maria Sanchez 8175 West 32nd Avenue Suite 1 Hialeah FL 33018 OP ID DATE (MM/DD/YYYY) HORIZ-6 02/20/07 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. INSURERS AFFORDING COVERAGE INSURER A INSURER B: INSURER C: INSURER D: INSURER E: Continental Insurance Co. Contin.ntal Casualty Company Transcontinental Ins. Co. 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. non AULYLPOLICY EFFECTIVE POLICY EXPIRATION LTR INSRC TYPE OF INSURANCE POLICY NUMBER I DATE (MM/DD/WO DATE (MMIDDIYY) GENERAL LIABILITY A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER'. 7 POLICY IX I TET - AUTOMOBILE LIABILITY $ X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS/UMBRELLA LIABILITY C X OCCUR LOC TCP2082752693 LIMITS EACH OCCURRENCE VHMF\l�C IUKtNICU 02/20/07 02/20/08 PREMISES(Eaoccurence) MED EXP (My one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG BUA2082868170 02/20/07 02/20/08 CLAIMSMADE CUP2082868184 02/20/07 02/20/08 DEDUCTIBLE X RETENTION $10,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below OTHER COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) NAIC # 35289 20443 20486 $1,000,000 $100,000 $5,000 $1,000,000 $2,000,000 $2,000,000 $1,000,000 AUTO ONLY - EA ACCIDENT 1 $ OTHER THAN EA ACC AUTO ONLY. AGG EACH OCCURRENCE AGGREGATE IT OR LIMITS IO ER E . EACH ACCIDENT $5,000,000 $5,000,000 E . DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES !EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Project: North Beach Recreational Corridor Phase 1, 2, & 3 Bid No.: 27-06/07 *10 days notice of cancellation applies to non-payment of premium. CERTIFICATE HOLDER MIAMIBE City of Miami Beach 1700 Convention Center Drive Miami Beach FL 33139 ACORD 25 (2001/08) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL * 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORESE TIVE ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) HBA Insurance Group, Inc. November 1, 2007 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 RE: HORIZON CONTRACTORS, INC. BOND 21 BCSEV3840 ITB 27-06/07 — North Beach Recreational Corridor Phase 1, 2, & 3 To Whom It May Concern: Please allow this letter to serve as formal authorization for the City of Miami Beach to date the captioned bond to coincide with the Contract Date. Thank you and if you have any questions or need additional information, please feel free to contact our office any time. Attorney -in -Fact for Hartford Casualty Insurance Co. Trusted Choice - Serving South Florida Since 1932 HBA INSURANCE GROUP, INC. 2500 N.W. 79th Avenue • Suite 101 • Miami, Florida 33122 Mailing Address: P.O. Box 523615 • Miami, Florida 33152-8988 305-714-4400 • Fax: 305-714-4401 • www.hbains.com Bond Number: 21BCSEV3840 This is the first page of Performance and Payment Bond. All other pages are subsequent regardless of preprinted pages. Surety in Which Bond is Written: HARTFORD CASUALTY INSURANCE COMPANY Local Address: 400 INTERNATIONAL PARKWAY SUITE 425 HEATHROW, FL 3274 (800) 824-1732 CONTRACTOR'S NAME: HORIZON CONTRACTORS, INC. Address: 8175 WEST 32 AVENUE, SUITE 1 HIALEAH, FL 33018 Telephone No. (305) 828-2050 Owner/Obligee CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 Project Description: NORTH BEACH RECREATIONAL CORRIDOR PHASE 1, 2, & 3 - ITB 27-06/07 Contract Amount: $ 6,299,754.92 Bond Amount: $ 6,299,754.92 This bond has been furnished to comply with the requirements of F.S. 255.05. All provisions and limitations including conditions, notice and time limitations of F.S. 255.05 are incorporated herein by reference. This bond is a statutory bond not a common law bond. For Bond Inquiries: Agency: HBA INSURANCE GROUP, INC. (305) 714-4400 Producer Compensation Notice TIE HARTFORD You can review and obtain information on The Hartford's producer compensation practices at www.thehartford.com or at 1-800-592-5717. HR 00 H093 00 0207 © 2007, The Hartford Page 1 of 1 FLORIDA NOTICE FLORIDA HURRICANE CATASTROPHE FUND EMERGENCY ASSESSMENT The Florida Office of Insurance Regulation has levied an emergency assessment on direct written premiums for all property and casualty lines of business in Florida. This emergency assessment is to fund obligations, costs and expenses of the Florida Hurricane Catastrophe Fund and the Florida Hurricane Catastrophe Fund Corporation. This emergency assessment is 1%, and applies to all subject policies and bonds effective on or after January 1, 2007. We are required by statute and order to collect this emergency assessment and remit it to the State. This assessment for your policy or bond appears as FHCF EMER ASSESS CL. Form ./FL4887 Page 1 of 1 HR 09 H085 00 0806 © 2006, The Hartford BOND No. 21BCSEV3840 00710. FORM OF PERFORMANCE BOND BY THIS BOND, We HORIZON CONTRACTORS, INC. as Principal, hereinafter called CONTRACTOR, and HARTFORD CASUALTY INSURANCE CO,. as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called CITY, in the amount of Six Million Two Hundr d Ninety Nine Thousand Seven linked Fifty Farr did 92//100 Doars ($ 6,299.7.54.92) 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.: ITB 27-06/07 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 CCNJTRACTOR and. CITY for construction of North Beach Recreational Corridor Phase 1. 2, & 3- w° av tion of , the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Pays CITY all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that CITY sustains as a result of default by CONTRACTOR under the Contract; and BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 90 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 Noverer , 2007 . BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 91 W ' NESSES: FORM OF PERFORMANCE BOND (Continued) -47,45 cretary By: (CORPORATE SEAL) HORIZON CONTRACTORS, INC. Na r of Cgpporation) IN THE PRESENCE OF: I'lnnJu , ("\ (Signature) Jose M. Sanchez, President (Print Name and Title) INSURANCE COMPANY: HARTFORD CASUALTY INSURANCE CO. By: Agent and-kithi i y -i lf-F ct n Res Agent Ramon A Rodriguez AddressHartfordSSPlaza Hart(fordet; CT 06115 (City/State/Zip Code) Telephone No.: 860-547-4497 BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 92 BOND N0.21BCSEV3840 00720. FORM OF PAYMENT BOND BY THIS BOND, We HORIZON CONTRACTORS, INC. , as Principal, hereinafter called CONTRACTOR, and HARTFORD CASUALTY INSURANCE CO,. as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called CITY, in the amount of Six Million Two Hundred Nirriety Nine Thousand. Sewn Hundred Fifty Four and 92/100 Dollars ($ 6,299,754.92 ) 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.: 1113 27-C6/07 , awarded the day of , 20 , with CITY which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if CONTRACTOR: 1. Pays CITY all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that CITY sustains because of default by CONTRACTOR under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor, materials and supplies used directly or indirectly by CONTRACTOR in the performance of the Contract; THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claimant, except a laborer, who is not in privity with CONTRACTOR and who has not received payment for its labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish to CONTRACTOR a notice that he intends to look to the bond for protection. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 93 The provisions and limitations of Section 255.05 or 713.23, Florida Statutes whichever is applicable to the contract, are incorporated in this bond by reference. 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 Nmanb r , 20 07 . ATTEST: (Corporate Seal) By: CONTRACTOR I-CRIZCN OCNIRAGI RS, INC. (Nam: of Cor ration) Signature) Jose M. Say d z, President (Print Name and Title) 1st day of Nevares , 20 07 . BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 94 IN THE PRESENCE OF: /7/T i N'tp‘-�� gyp. INSURANCE COMPANY: SURIIY OTMPANY HARIT(7RD 44'.w" • I4I'' 1 11 By r er Agent and Attorney-. -F ci" Rarr11 A Rodriguez & Fla Res Agent Address: Hartford Plaza (Street) Hartford, CT 06115 (City/State/Zip Code) Telephone No.: 860-547--4497 BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 95 00721. CERTIFICATE AS TO CORPORATE PRINCIPAL, Jose M. Sanchez, Secretary , 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 Jose M. Sarrcz , who signed the Bond(s) on behalf of the Principal, was then' of said corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and attested to on behalf of laid co oration by authority of its governing body. till/ (on behalf of) M. Sanchez I�JRIZCN algRACITIRS, T r. Corporation STATE OF FLORIDA SS COUNTY OF MIAMI-DADE (SEAL) Before me, a Notary Public duly commissioned, qualified and acting personally, appeared Jose M. Sanchez to me well known, who being by me first duly sworn upon oath says that he/she has been authorized to execute the foregoing Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of CONTRACTOR named therein in favor of CITY. Subscribed and Sworn to before Naoariler , 20 07 . My commission expires: by h, L-A b-O&J o me this 1st day of Notary Public, State of Bonded I BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 96 /0/6-6L/C F�.oo,9 IDALIA A. DOBAO MY COMMISSION # DD450254 EXPIRES: July 14, 2009 ��,Ry FL Notary Discount Assoc. Co. Hartford Casualty Insurance Company Indianapolis, Indiana Financial Statement, June 30, 2007 (Statutory Basis) ASSETS LIABILITIES U.S. Government Bonds $ 18,347,791 Reserve for Claims $ Bonds of other Governments 7,333,333 and Claim Expense 893,029,234 State, County, Municipal and Reserve for Unearned Premiums 284,805,845 Miscellaneous Bonds ......... 1,754,616,160 Reserve for Taxes, License Stocks 153,203,129 and Fees 7,711,172 Short Term Investments 47,959,795 Miscellaneous Liabilities 51,165,322 $ 1,981,460,208 Total Liabilities ... $ 1,236,711,573 Real Estate $ Capital Paid In $ 4,800,000 Cash (380,984) Surplus 871,725,294 Agents' Balances (Under 90 Day...... 2,684,286 Other Invested Assets Surplus as regards Policyholders... $ 876,525,294 Miscellaneous 129,473,357 Total Liabilities, Capital Total Admitted Assets $ 2,113,236,867 and Surplus $ 2,113,236,867 STATE OF CONNECTICUT COUNTY OF HARTFORD CITY OF HARTFORD } ss. Colleen T. Mastroianni, Vice -President, and Patricia A. Murrone, Assistant Secretary of the Hartford Casualty Insurance Company, being duly sworn, each deposes and says that the, foregoing is a true and correct statement of the said company's financial condition as of June 30, 2007. Subscribed and sworn to before me this 27th day of September 2007. Ac0-7-77— Scott E. Paseka Notary Public My Commission Expires October 31, 2007 Form CS -19-37 HC Printed in U.S.A. Colleen T. Mastroianni, Vice -President Pczt--• A Patricia A. Murrone, Assistant Secretary POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS THAT: X Direct Inquiries/Claims to: THE HARTFORD BOND, T-4 P.O. BOX 2103, 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax 860-757-5835) Agency Code: 21 221533 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of UNLIMITED ERNESTO FREYRE, FAUSTO ALVAREZ, RAMON A. RODRIGUEZ, VICTOR M. PANTIN, CARL H. MOLL, CARLOS LACASA, WILLIAM E. BECKHAM, MARC D. JACOBSON, MICHAEL L. KEEBY, MAYRA RODRIGUEZ OF MIAMI, FLORIDA their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22, 2004, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. ot Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT COUNTY OF HARTFORD /R(� On this 1st day of February, 2004, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. Th ss. Hartford M. Ross Fisher, Assistant Vice President CERTIFICATE Scott E. Paseka Notary Public My Commission Expires October 31, 2012 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of November 1, 2 0 0 7 Signed and sealed at the City of Hartford. Gary W. Stumper, Assistant Vice President POA 2007 00735. PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT: Date of Issue Issuing Bank's No. Beneficiary: Applicant: City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 We hereby authorize you to draw on Amount: in United States Funds Expiry: (Date) Bid/Contract Number (Bank, Issuer name) at by order (branch address) of and for the account of (contractor, applicant, customer) up to an aggregate amount, in United States Funds, of available by your drafts at sight, accompanied by: 1. A signed statement from the City Manager or his authorized designee, that the drawing is due to default in performance of certain obligations on the part (contractor, applicant, customer) agreed upon by and between the City of Miami Beach, Florida and (contractor), pursuant to the (applicant, customer) Bid/Contract No. for (name of project) and Section 255.05, Florida Statutes. Drafts must be drawn and negotiated not later than (expiration date) BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 97 Drafts must bear the clause: "Drawn under Letter of Credit No. (Number), of (Bank name) dated This Letter of Credit shall be renewed for successive periods of one (1) year each unless we provide the City of Miami Beach with written notice of our intent to terminate the credit herein extended, which notice must be provided at least thirty (30) days prior to the expiration date of the original term hereof or any renewed one (1) year term. Notification to the CITY that this Letter of Credit will expire prior to performance of the contractor's obligations will be deemed a default. This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not in any way be modified, or amplified by reference to any documents, instrument, or agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this credit that such drafts will be duly honored upon presentation to the drawee. Obligations under this Letter of Credit shall be released one (1) year after the Final Completion of the Project by the (contractor, applicant, customer) This Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict between the law of another state or country and Florida law should arise, Florida law shall prevail. Authorized Signature BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 98 00800. GENERAL CONDITIONS: 1. Proiect Manual: 1.1. The Project Manual includes any general or special Contract conditions or specifications attached hereto. 1.2. The Project Manual, along with all documents that make up and constitute the Contract Documents, shall be followed in strict accordance as to work, performance, material, and dimensions except when CONSULTANT may authorize, in writing, an exception. 1.3. Dimensions given in figures are to hold preference over scaled measurements from the drawings; however, all discrepancies shall be resolved by CONSULTANT. CONTRACTOR shall not proceed when in doubt as to any dimension or measurement, but shall seek clarification from CONSULTANT. 1.4. CONTRACTOR shall be furnished three (3) copies, free of charge, of the Project Manual; two of which shall be preserved and always kept accessible to CONSULTANT and CONSULTANT's authorized representatives. Additional copies of the Project Manual may be obtained from CITY at the cost of reproduction. 2. Intention of CITY: It is the intent of CITY to describe in the Contract Documents a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents and in accordance with all codes and regulations governing construction of the Project. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied by CONTRACTOR whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals, or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of opening of bids and CONTRACTOR shall comply therewith. CITY shall have no duties other than those duties and obligations expressly set forth within the Contract Documents. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 99 3. Preliminary Matters: 3.1. Within five (5) calendar days prior to the pre -construction meeting described in Section 3.2, CONTRACTOR shall submit to CONSULTANT for CONSULTANT's review and acceptance: 3.1.1. A progress schedule in the indicated form: [ ] Bar Chart [ ] Modified CPM [ ] CPM [X] Computerized CPM (CPM shall be interpreted to be generally as outlined in the Association of General Contractors (AGC) publication, "The Use of CPM in Construction.") The progress schedule shall indicate the start and completion dates of the various stages of the Work and shall show an activity network for the planning and execution of the Work. Included with the progress schedule shall be a narrative description of the progress schedule. The progress schedule must be updated monthly by CONTRACTOR, submitted as part of each Application for Payment and shall be acceptable to CONSULTANT. 3.1.2. A preliminary schedule of Shop Drawing submissions; and 3.1.3. In a lump sum contract or in a contract which includes lump sum bid items of Work, a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of work which will be confirmed in writing by CONTRACTOR at the time of submission. [ ] Such prices shall be broken down to show labor, equipment, materials and overhead and profit. 3.1.4. After award but prior to the submission of the progress schedule, CONSULTANT, Contract Administrator and CONTRACTOR shall meet with all utility owners and secure from them a schedule of utility relocation, provided, however, neither CONSULTANT nor BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 100 CITY shall be responsible for the nonperformance by the utility owners. 3.2. At a time specified by CONSULTANT but before CONTRACTOR starts the work at the Project site, a conference attended by CONTRACTOR, CONSULTANT and others as deemed appropriate by Contract Administrator, will be held to discuss the schedules referred to in Section 3.1, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. 3.3. Within thirty-five (35) days from the Project Initiation Date set forth in the Notice to Proceed, a conference attended by CONTRACTOR, CONSULTANT and others, as appropriate, will be held to finalize the schedules submitted in accordance with Section 3.1. Within forty-five (45) days after the Project Initiation Date set forth in the Notice to Proceed, the CONTRACTOR shall revise the original schedule submittal to address all review comments from the CPM review conference and resubmit for CONSULTANT review. The finalized progress schedule will be accepted by CONSULTANT only as providing an orderly progression of the Work to completion within the Contract Time, but such acceptance shall not constitute acceptance by CITY or CONSULTANT of the means or methods of construction or of the sequencing or scheduling of the Work, and such acceptance will neither impose on CONSULTANT or CITY responsibility for the progress or scheduling of the Work nor relieve CONTRACTOR from full responsibility therefore. The finalized schedule of Shop Drawing submissions must be acceptable to CONSULTANT as providing a workable arrangement for processing the submissions. The finalized schedule of values pursuant to Section 3.1.3 above must be acceptable to CONSULTANT as to form and substance. 4. Performance Bond and Payment Bond: Within fifteen (15) calendar days of being notified of the award, CONTRACTOR shall furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached hereto as forms 00710 and 00720. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01 /25/07 101 4.1. Each Bond shall be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to CITY the completion and performance of the work covered in such Contract as well as full payment of all suppliers, laborers, or subcontractors employed pursuant to this Project. Each Bond shall be with a surety company which is qualified pursuant to Article 5. 4.2. Each Bond shall continue in effect for one year after Final Completion and acceptance of the work with liability equal to one hundred percent (100%) of the Contract sum, or an additional bond shall be conditioned that CONTRACTOR will, upon notification by CITY, correct any defective or faulty work or materials which appear within one year after Final Completion of the Contract. 4.3. Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as may be amended from time to time, CONTRACTOR shall ensure that the bond(s) referenced above shall be recorded in the public records of Miami -Dade County and provide CITY with evidence of such recording. 4.4. Alternate Form of Security: In lieu of a Performance Bond and a Payment Bond, CONTRACTOR may furnish alternate forms of security which may be in the form of cash, money order, certified check, cashier's check or unconditional letter of credit in the form attached hereto as Form 00735. Such alternate forms of security shall be subject to the prior approval of CITY and for same purpose and shall be subject to the same conditions as those applicable above and shall be held by CITY for one year after completion and acceptance of the Work. 5. Qualification of Surety 5.1. Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred Thousand Dollars ($500,000.00): 5.1.1. Each bond must be executed by a surety company of recognized standing, authorized to do business in the State of Florida as surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. 5.1.2. The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with United States Department of Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the surety BID NO: 27-06/07 CITY OE MIAMI BEACH DATE: 01/25/07 102 company shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the surety company shall provide CITY with evidence satisfactory to CITY, that such excess risk has been protected in an acceptable manner. 5.1.3. The CITY will accept a surety bond from a company with a rating of B+ or better for bonds up to $2 million, provided, however, that if any surety company appears on the watch list that is published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the CITY shall review and either accept or reject the surety company based on the financial information available to the CITY. A surety company that is rejected by the CITY may be substituted by the Bidder or proposer with a surety company acceptable to the CITY, only if the bid amount does not increase. The following sets forth, in general, the acceptable parameters for bonds: Amount of Bond Policy- Financial holder's Size Ratings Cateaory 500,001 to 1,000,000 B+ Class I 1,000,001 to 2,000,000 B+ Class II 2,000,001 to 5,000,000 A Class III 5,000,001 to 10,000,000 A Class IV 10,000,001 to 25,000,000 A Class V 25,000,001 to 50,000,000 A Class VI 50,000,001 or more A Class VII 5.2. For projects of $500,000.00 or less, CITY may accept a Bid Bond, Performance Bond and Payment Bond from a surety company which has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued, if the surety company is otherwise in compliance with the provisions of the Florida Insurance Code, and if the surety company holds a currently valid certificate of authority issued by the United States Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States Code, as may be amended from time to time. The Certificate and Affidavit so certifying (Form 00722) should be submitted with the Bid Bond and also with the Performance Bond and Payment Bond. BID NO: 27-06/07 DATE: 01/25/07 CITY OF MIAMI BEACH 103 5.3. More stringent requirements of any grantor agency are set forth within the Supplemental Conditions. If there are no more stringent requirements, the provisions of this section shall apply. 6. Indemnification 6.1 CONTRACTOR shall indemnify and hold harmless CITY, its officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of CONTRACTOR and persons employed or utilized by CONTRACTOR in the performance of this Agreement. Except as specifically provided herein, this Agreement does not require CONTRACTOR to indemnify CITY, its employees, officers, directors, or agents from any liability, damage, loss, claim, action, or proceeding. These indemnifications shall survive the term of this Agreement. In the event that any action or proceeding is brought against CITY by reason of any such claim or demand, CONTRACTOR shall, upon written notice from CITY, resist and defend such action or proceeding by counsel satisfactory to CITY. 6.2 The indemnification provided above shall obligate CONTRACTOR to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at CITY's option, any and all claims of liability and all suits and actions of every name and description covered by Section 6.1 above which may be brought against CITY whether performed by CONTRACTOR, or persons employed or utilized by CONTRACTOR. 7 Insurance Requirements: 7.1. Without limiting any of the other obligations or liabilities of CONTRACTOR, CONTRACTOR shall provide, pay for, and maintain in force until all of its work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverages set forth herein. 7.1.1. Workers' Compensation insurance to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) must include: BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 104 7.1.1.1. Employers' Liability with a limit of One Million Dollars ($1,000,000.00) Dollars ($) each accident. 7.1.1.2. If any operations are to be undertaken on or about navigable waters, coverage must be included for the U.S. Longshoremen & Harbor Workers Act and Jones Act. 7.1.2. Comprehensive General Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: [ X ] 7.1.2.1. Premises and/or Operations. [ X ] 7.1.2.2. Independent Contractors. [ X ] 7.1.2.3. Products and/or Completed Operations for contracts over Fifty Thousand Dollars ($50,000.00) CONTRACTOR shall maintain in force until at least three years after completion of all work required under the Contract, coverage for Products and Completed Operations, including Broad Form Property Damage. [ X ] 7.1.2.4. Explosion, Collapse and Underground Coverages. [ X ] 7.1.2.5. Broad Form Property Damage. [ X ] 7.1.2.6. Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. [ ] 7.1.2.7. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. [ X ] 7.1.2.8. CITY is to be expressly included as an Additional Insured with respect to liability arising out of operations performed for CITY by or on behalf of CONTRACTOR or acts or omissions of CONTRACTOR in connection with general supervision of such operation. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 105 7.1.3. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: 7.1.3.1. Owned Vehicles. 7.1.3.2. Hired and Non -Owned Vehicles. 7.1.3.3. Employers' Non -Ownership. (Not Applicable to this bid) [ X ] 7.1.4. Builder's Risk insurance for the construction of and/or addition to aboveground buildings or structures is/is not required. The coverage shall be "All Risk" coverage for 100 percent of the completed value, covering CITY as a named insured, with a deductible of not more than Five Thousand Dollars ($5,000.00) each claim. 7.1.4.1. [ ] 7.1.4.2. Waiver of Occupancy Clause or Warranty --Policy must be specifically endorsed to eliminate any "Occupancy Clause" or similar warranty or representation that the building(s), addition(s) or structure(s) in the course of construction shall not be occupied without specific endorsement of the policy. The Policy must be endorsed to provide that the Builder's Risk coverage will continue to apply until final acceptance of the building(s), addition(s) or structure(s) by CITY. Flood Insurance --When the buildings or structures are located within an identified special flood hazard area, flood insurance must be afforded for the lesser of the total insurable value of such buildings or structures, or, the maximum amount of flood insurance coverage available under the National Flood Program. 7.1.5. Installation Floater for the installation of machinery and/or equipment into an existing structure is/is not required. The coverage shall be "All Risk" coverage including installation and transit for 100 percent of the "installed replacement cost value," covering CITY as a named insured, with a deductible of not more than Five Thousand Dollars ($5,000.00) each claim. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 106 7.1.5.1. 7.1.5.2. Cessation of Insurance --Coverage is not to cease and is to remain in force (subject to cancellation notice) until final acceptance by CITY. Flood Insurance --When the machinery or equipment is located within an identified special flood hazard area, flood insurance must be afforded for the lesser of the total insurable value of such buildings or structure, or, the maximum amount of flood insurance coverage available under the National Flood Program. 7.2. If the initial insurance expires prior to the completion of the work, renewal copies of policies shall be furnished at least thirty (30) days prior to the date of their expiration. 7.3. Notice of Cancellation and/or Restriction --The policy(ies) must be endorsed to provide CITY with at least thirty (30) days notice of cancellation and/or restriction. 7.4. CONTRACTOR shall furnish to the City's Risk Manager Certificates of Insurance or endorsements evidencing the insurance coverage specified above within fifteen (15) calendar days after notification of award of the Contract. The required Certificates of Insurance shall name the types of policies provided, refer specifically to this Contract, and state that such insurance is as required by this Contract. The Certificate of Insurance shall be in form similar to and contain the information set forth in Form 00708. 7.5. The official title of the Owner is the City of Miami Beach, Florida. This official title shall be used in all insurance documentation. 8. Labor and Materials: 8.1. Unless otherwise provided herein, CONTRACTOR shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 8.2. CONTRACTOR shall at all times enforce strict discipline and good order among its employees and subcontractors at the Project site and shall not employ on the Project any unfit person or anyone not skilled in the work to which they are assigned. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 107 9. Royalties and Patents: All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article, material, arrangement, appliance, or method that may be used upon or in any manner be connected with the construction of the Work or appurtenances, are hereby included in the prices stipulated in this Contract for said work. 10. Weather: Extensions to the Contract Time for delays caused by the effects of inclement weather shall be submitted as a request for a change in the Contract Time pursuant to Article 40. These time extensions are justified only when rains or other inclement weather conditions or related adverse soil conditions prevent CONTRACTOR from productively performing controlling items of work identified on the accepted schedule or updates resulting in: (1) CONTRACTOR being unable to work at least fifty percent (50%) of the normal workday on controlling items of work identified on the accepted schedule or updates due to adverse weather conditions; or (2) CONTRACTOR must make major repairs to the Work damaged by weather. Providing the damage was not attributable to a failure to perform or neglect by CONTRACTOR, and providing that CONTRACTOR was unable to work at least fifty percent (50%) of the normal workday on controlling items of work identified on the accepted schedule or updates. 11. Permits, Licenses and Impact Fees: 11.1. Except as otherwise provided within the Supplemental Conditions, all permits and licenses required by federal, state or local laws, rules and regulations necessary for the prosecution of the Work undertaken by CONTRACTOR pursuant to this Contract shall be secured and paid for by CONTRACTOR. It is CONTRACTOR's responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the Work to be performed and valid for the jurisdiction in which the Work is to be performed for all persons working on the Project for whom a Certificate of Competency is required. 11.2. Impact fees levied by the City and/or Miami -Dade County shall be paid by CONTRACTOR. CONTRACTOR shall be reimbursed only for the actual amount of the impact fee levied by the municipality as evidenced by an invoice or other acceptable documentation issued by the municipality. Reimbursement to CONTRACTOR in no event shall include profit or overhead of CONTRACTOR. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 108 12. Resolution of Disputes: 12.1 To prevent all disputes and litigation, it is agreed by the parties hereto that CONSULTANT shall decide all questions, claims, difficulties and disputes of whatever nature which may arise relative to the technical interpretation of the Contract Documents and fulfillment of this Contract as to the character, quality, amount and value of any work done and materials furnished, or proposed to be done or furnished under or, by reason of, the Contract Documents and CONSULTANT's estimates and decisions upon all claims, questions, difficulties and disputes shall be final and binding to the extent provided in Section 12.2. Any claim, question, difficulty or dispute which cannot be resolved by mutual agreement of CITY and CONTRACTOR shall be submitted to CONSULTANT in writing within twenty-one (21) calendar days. Unless a different period of time is set forth herein, CONSULTANT shall notify CITY and CONTRACTOR in writing of CONSULTANT's decision within twenty-one (21) calendar days from the date of the submission of the claim, question, difficulty or dispute, unless CONSULTANT requires additional time to gather information or allow the parties to provide additional information. All nontechnical administrative disputes shall be determined by the Contract Administrator pursuant to the time periods provided herein. During the pendency of any dispute and after a determination thereof, CONTRACTOR, CONSULTANT and CITY shall act in good faith to mitigate any potential damages including utilization of construction schedule changes and alternate means of construction. 12.2 In the event the determination of a dispute under this Article is unacceptable to either party hereto, the party objecting to the determination must notify the other party in writing within ten (10) days of receipt of the written determination. The notice must state the basis of the objection and must be accompanied by a statement that any Contract Price adjustment claimed is the entire adjustment to which the objecting party has reason to believe it is entitled to as a result of the determination. Within sixty (60) days after Final Completion of the Work, the parties shall participate in mediation to address all objections to any determinations hereunder and to attempt to prevent litigation. The mediator shall be mutually agreed upon by the parties. Should any objection not be resolved in mediation, the parties retain all their legal rights and remedies provided under State law. A party objecting to a determination specifically waives all of its rights provided hereunder, including its rights and remedies under State law, if said party fails to comply in strict accordance with the requirements of this Article. BID NO: 27-06/07 DATE: 01/25/07 CITY OF' MIAMI BEACH 109 13. Inspection of Work: 13.1. CONSULTANT and CITY shall at all times have access to the Work, and CONTRACTOR shall provide proper facilities for such access and for inspecting, measuring and testing. 13.1.1. Should the Contract Documents, CONSULTANT's instructions, any laws, ordinances, or any public authority require any of the Work to be specially tested or approved, CONTRACTOR shall give CONSULTANT timely notice of readiness of the Work for testing. If the testing or approval is to be made by an authority other than CITY, timely notice shall be given of the date fixed for such testing. Testing shall be made promptly, and, where practicable, at the source of supply. If any of the Work should be covered up without approval or consent of CONSULTANT, it must, if required by CONSULTANT, be uncovered for examination and properly restored at CONTRACTOR's expense. 13.1.2. Reexamination of any of the Work may be ordered by CONSULTANT with prior written approval by the Contract Administrator, and if so ordered, the Work must be uncovered by CONTRACTOR. If such Work is found to be in accordance with the Contract Documents, CITY shall pay the cost of reexamination and replacement by means of a Change Order. If such Work is not in accordance with the Contract Documents, CONTRACTOR shall pay such cost. 13.2. Inspectors shall have no authority to permit deviations from, nor to relax any of the provisions of, the Contract Documents nor to delay the Contract by failure to inspect the materials and work with reasonable promptness without the written permission or instruction of CONSULTANT. 13.3. The payment of any compensation, whatever may be its character or form, or the giving of any gratuity or the granting of any favor by CONTRACTOR to any inspector, directly or indirectly, is strictly prohibited, and any such act on the part of CONTRACTOR will constitute a breach of this Contract. 14. Superintendence and Supervision: 14.1. The orders of CITY are to be given through CONSULTANT, which instructions are to be strictly and promptly followed in every case. CONTRACTOR shall keep on the Project during its progress, a full-time competent English speaking superintendent and any necessary BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 110 assistants, all satisfactory to CONSULTANT. The superintendent shall not be changed except with the written consent of CONSULTANT, unless the superintendent proves to be unsatisfactory to CONTRACTOR and ceases to be in its employ. The superintendent shall represent CONTRACTOR and all directions given to the superintendent shall be as binding as if given to CONTRACTOR and will be confirmed in writing by CONSULTANT upon the written request of CONTRACTOR. CONTRACTOR shall give efficient supervision to the Work, using its best skill and attention. 14.2. Daily, CONTRACTOR's superintendent shall record, at a minimum, the following information in a bound log: the day; date; weather conditions and how any weather condition affected progress of the Work; time of commencement of work for the day; the work being performed; materials, labor, personnel, equipment and subcontractors at the Project site; visitors to the Project site, including representatives of , CONSULTANT, regulatory representatives; any special or unusual conditions or occurrences encountered; and the time of termination of work for the day. All information shall be recorded in the daily log in ink. The daily log shall be kept on the Project site and shall be available at all times for inspection and copying by CITY and CONSULTANT. 14.3. The Contract Administrator, CONTRACTOR and CONSULTANT shall meet at least weekly or as determined by the Contract Administrator, during the course of the Work to review and agree upon the work performed to date and to establish the controlling items of work for the next two weeks. The CONSULTANT shall publish, keep, and distribute minutes and any comments thereto of each such meeting. 14.4. If CONTRACTOR, in the course of prosecuting the Work, finds any discrepancy between the Contract Documents and the physical conditions of the locality, or any errors, omissions, or discrepancies in the Project Manual, it shall be CONTRACTOR's duty to immediately inform CONSULTANT, in writing, and CONSULTANT will promptly review the same. Any work done after such discovery, until authorized, will be done at CONTRACTOR's sole risk. 14.5. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. BID NO: 27-06/07 DATE: 01/25/07 CITY OF MIAMI BEACH 111 15. CITY's Right to Terminate Contract: 15.1. If CONTRACTOR fails to begin the Work within fifteen (15) calendar days after the Project Initiation Date, or fails to perform the Work with sufficient workers and equipment or with sufficient materials to insure the prompt completion of the Work, or shall perform the Work unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work pursuant to the accepted schedule or if CONTRACTOR shall fail to perform any material term set forth in the Contract Documents or if CONTRACTOR shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry on the Work in an acceptable manner, Contract Administrator may give notice in writing to CONTRACTOR and its Surety of such delay, neglect or default, specifying the same. If CONTRACTOR, within a period of five (5) calendar days after such notice, shall not proceed in accordance therewith, then CITY may upon written certificate from CONSULTANT of the fact of such delay, neglect or default and CONTRACTOR's failure to comply with such notice, terminate the services of CONTRACTOR, exclude CONTRACTOR from the Project site and take the prosecution of the Work out of the hands of CONTRACTOR, and appropriate or use any or all materials and equipment on the Project site as may be suitable and acceptable. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Project is completed. In addition CITY may enter into an agreement for the completion of the Project according to the terms and provisions of the Contract Documents, or use such other methods as in CITY's sole opinion shall be required for the completion of the Project according to the terms and provisions of the Contract Documents, or use such other methods as in CITY's sole opinion shall be required for the completion of the Project in an acceptable manner. All damages, costs and charges incurred by CITY, together with the costs of completing the Project, shall be deducted from any monies due or which may become due to CONTRACTOR. In case the damages and expenses so incurred by CITY shall exceed the unpaid balance, then CONTRACTOR shall be liable and shall pay to CITY the amount of said excess. 15.2. If after notice of termination of CONTRACTOR's right to proceed, it is determined for any reason that CONTRACTOR was not in default, the rights and obligations of CITY and CONTRACTOR shall be the same as if the notice of termination had been issued pursuant to the Termination for Convenience clause as set forth in Section 15.3 below. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 112 15.3. This Contract may be terminated for convenience in writing by CITY upon ten (10) days written notice to CONTRACTOR (delivered by certified mail, return receipt requested) of intent to terminate and the date on which such termination becomes effective. In such case, CONTRACTOR shall be paid for all work executed and expenses incurred prior to termination in addition to termination settlement costs reasonably incurred by CONTRACTOR relating to commitments which had become firm prior to the termination. Payment shall include reasonable profit for work/services satisfactorily performed. No payment shall be made for profit for work/services which have not been performed. 15.4. Upon receipt of Notice of Termination pursuant to Sections 15.1 or 15.3 above, CONTRACTOR shall promptly discontinue all affected work unless the Notice of Termination directs otherwise and deliver or otherwise make available to CITY all data, drawings, specifications, reports, estimates, summaries and such other information as may have been required by the Contract Documents whether completed or in process. 16. CONTRACTOR's Right to Stop Work or Terminate Contract: Should CONSULTANT fail to review and approve or state in writing reasons for nonapproval of any Application for Payment within twenty (20) days after it is presented, or if CITY fails either to pay CONTRACTOR within thirty (30) days after presentation by CONSULTANT of any sum certified by CONSULTANT, or to notify CONTRACTOR and CONSULTANT in writing of any objection to the Application for Payment, then CONTRACTOR may, give written notice to CITY and CONSULTANT of such delay, neglect or default, specifying the same. If CITY or CONSULTANT (where applicable), within a period of ten (10) calendar days after such notice shall not remedy the delay, neglect, or default upon which the notice is based, then CONTRACTOR may stop work or terminate this Contract and recover from CITY payment for all work executed and reasonable expenses sustained therein plus reasonable termination expenses. Any objection made by CITY to an Application for Payment shall be submitted to CONSULTANT in accordance with the provisions of Article 12 hereof. 17. Assignment: Neither party hereto shall assign the Contract or any subcontract in whole or in part without the written consent of the other, nor shall CONTRACTOR assign any monies due or to become due to it hereunder, without the previous written consent of the Mayor and City Commission. BID NO: 27-06/07 DATE: 01/25/07 CITY OF MIAMI BEACH 113 18. Rights of Various Interests: Whenever work being done by CITY's forces or by other contractors is contiguous to or within the limits of work covered by this Contract, the respective rights of the various interests involved shall be established by the Contract Administrator to secure the completion of the various portions of the work in general harmony. 19. Differing Site Conditions: In the event that during the course of the Work CONTRACTOR encounters subsurface or concealed conditions at the Project site which differ materially from those shown on the Contract Documents and from those ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents; or unknown physical conditions of the Project site, of an unusual nature, which differ materially from that ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents, CONTRACTOR, without disturbing the conditions and before performing any work affected by such conditions, shall, within twenty-four (24) hours of their discovery, notify CITY and CONSULTANT in writing of the existence of the aforesaid conditions. CONSULTANT and CITY shall, within two (2) business days after receipt of CONTRACTOR's written notice, investigate the site conditions identified by CONTRACTOR. If, in the sole opinion of CONSULTANT, the conditions do materially so differ and cause an increase or decrease in CONTRACTOR's cost of, or the time required for, the performance of any part of the Work, whether or not charged as a result of the conditions, CONSULTANT shall recommend an equitable adjustment to the Contract Price, or the Contract Time, or both. If CITY and CONTRACTOR cannot agree on an adjustment in the Contract Price or Contract Time, the adjustment shall be referred to CONSULTANT for determination in accordance with the provisions of Article 12. Should CONSULTANT determine that the conditions of the Project site are not so materially different to justify a change in the terms of the Contract, CONSULTANT shall so notify CITY and CONTRACTOR in writing, stating the reasons, and such determination shall be final and binding upon the parties hereto. No request by CONTRACTOR for an equitable adjustment to the Contract under this provision shall be allowed unless CONTRACTOR has given written notice in strict accordance with the provisions of this Article. No request for an equitable adjustment or change to the Contract Price or Contract Time for differing site conditions shall be allowed if made after the date certified by CONSULTANT as the date of substantial completion. BID NO: 27-06/07 DATE: 01/25/07 CITY OF MIAMI BEACH 114 20. Plans and Working Drawings: CITY, through CONSULTANT, shall have the right to modify the details of the plans and specifications, to supplement the plans and specifications with additional plans, drawings or additional information as the Work proceeds, all of which shall be considered as part of the Project Manual. In case of disagreement between the written and graphic portions of the Project Manual, the written portion shall govern. 21. CONTRACTOR to Check Plans. Specifications and Data: CONTRACTOR shall verify all dimensions, quantities and details shown on the plans, specifications or other data received from CONSULTANT, and shall notify CONSULTANT of all errors, omissions and discrepancies found therein within three (3) calendar days of discovery. CONTRACTOR will not be allowed to take advantage of any error, omission or discrepancy, as full instructions will be furnished by CONSULTANT. CONTRACTOR shall not be liable for damages resulting from errors, omissions or discrepancies in the Contract Documents unless CONTRACTOR recognized such error, omission or discrepancy and knowingly failed to report it to CONSULTANT. 22. CONTRACTOR's Responsibility for Damages and Accidents: 22.1. CONTRACTOR shall accept full responsibility for the Work against all loss or damage of whatsoever nature sustained until final acceptance by CITY, and shall promptly repair any damage done from any cause whatsoever, except as provided in Article 29. 22.2. CONTRACTOR shall be responsible for all materials, equipment and supplies pertaining to the Project. In the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed prior to final acceptance by CITY, CONTRACTOR shall replace same without cost to CITY, except as provided in Article 29. 23. Warranty: CONTRACTOR warrants to CITY that all materials and equipment furnished under this Contract will be new unless otherwise specified and that all of the Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by CONSULTANT, CONTRACTOR shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by the provisions of Article 25 herein. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 115 24. Supplementary Drawings: 24.1. When, in the opinion of CONSULTANT, it becomes necessary to explain the Work to be done more fully, or to illustrate the Work further, or to show any changes which may be required, supplementary drawings, with specifications pertaining thereto, will be prepared by CONSULTANT. 24.2. The supplementary drawings shall be binding upon CONTRACTOR with the same force as the Project Manual. Where such supplementary drawings require either less or more than the original quantities of work, appropriate adjustments shall be made by Change Order. 25. Defective Work: 25.1. CONSULTANT shall have the authority to reject or disapprove work which CONSULTANT finds to be defective. If required by CONSULTANT, CONTRACTOR shall promptly either correct all defective work or remove such defective work and replace it with nondefective work. CONTRACTOR shall bear all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. 25.2. Should CONTRACTOR fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by CONSULTANT, CITY shall have the authority to cause the defective work to be removed or corrected, or make such repairs as may be necessary at CONTRACTOR's expense. Any expense incurred by CITY in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to CONTRACTOR, or may be charged against the Performance Bond. In the event of failure of CONTRACTOR to make all necessary repairs promptly and fully, CITY may declare CONTRACTOR in default. 25.3. If, within one (1) year after the date of substantial completion or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision of the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, CONTRACTOR, after receipt of written notice from CITY, shall promptly correct such defective or nonconforming Work within the time specified by CITY without cost to CITY, to do so. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which CONTRACTOR might have under the Contract Documents including but not limited to, Article 23 hereof and any claim regarding latent defects. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 116 25.4. Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate CITY to final acceptance. 26. Taxes CONTRACTOR shall pay all applicable sales, consumer, use and other taxes required by law. CONTRACTOR is responsible for reviewing the pertinent state statutes involving state taxes and complying with all requirements. 27. Subcontracts: 27.1. CONTRACTOR shall not employ any subcontractor against whom CITY or CONSULTANT may have a reasonable objection. CONTRACTOR shall not be required to employ any subcontractor against whom CONTRACTOR has a reasonable objection. 27.2. CONTRACTOR shall be fully responsible for all acts and omissions of its subcontractors and of persons directly or indirectly employed by its subcontractors and of persons for whose acts any of them may be liable to the same extent that CONTRACTOR is responsible for the acts and omissions of persons directly employed by it. Nothing in the Contract Documents shall create any contractual relationship between any subcontractor and CITY or any obligation on the part of CITY to pay or to see the payment of any monies due any subcontractor. CITY or CONSULTANT may furnish to any subcontractor evidence of amounts paid to CONTRACTOR on account of specific work performed. 27.3. CONTRACTOR agrees to bind specifically every subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of CITY. [ X ] 27.4. CONTRACTOR shall perform the Work with its own organization, amounting to not less than 10% percent of the Contract Price. 28. Separate Contracts: 28.1. CITY reserves the right to let other contracts in connection with this Project. CONTRACTOR shall afford other persons reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate this Work with theirs. 28.2. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any other persons, CONTRACTOR shall inspect BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 117 and promptly report to CONSULTANT any defects in such work that render it unsuitable for such proper execution and results. CONTRACTOR's failure to so inspect and report shall constitute an acceptance of the other person's work as fit and proper for the reception of CONTRACTOR's Work, except as to defects which may develop in other contractor's work after the execution of CONTRACTOR's. 28.3. CONTRACTOR shall conduct its operations and take all reasonable steps to coordinate the prosecution of the Work so as to create no interference or impact on any other contractor on the site. Should such interference or impact occur, CONTRACTOR shall be liable to the affected contractor for the cost of such interference or impact. 28.4. To insure the proper execution of subsequent work, CONTRACTOR shall inspect the work already in place and shall at once report to CONSULTANT any discrepancy between the executed work and the requirements of the Contract Documents. 29. Use of Completed Portions: 29.1. CITY shall have the right at its sole option to take possession of and use any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance of any of the Work not completed in accordance with the Contract Documents. If such possession and use increases the cost of or delays the Work, CONTRACTOR shall be entitled to reasonable extra compensation, or reasonable extension of time or both, as recommended by CONSULTANT and approved by CITY. 29.2. In the event CITY takes possession of any completed or partially completed portions of the Project, the following shall occur: BID NO: 27-06/07 DATE: 01/25/07 29.2.1. CITY shall give notice to CONTRACTOR in writing at least thirty (30) calendar days prior to CITY's intended occupancy of a designated area. 29.2.2. CONTRACTOR shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion in the form attached hereto as 00925 from CONSULTANT. CITY OF MIAMI BEACH 118 29.2.3. Upon CONSULTANT's issuance of a Certificate of Substantial Completion, CITY will assume full responsibility for maintenance, utilities, subsequent damages of CITY and public, adjustment of insurance coverages and start of warranty for the occupied area. 29.2.4. CONTRACTOR shall complete all items noted on the Certificate of Substantial Completion within the time specified by CONSULTANT on the Certificate of Substantial Completion, as soon as possible and request final inspection and final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, CONSULTANT shall issue a Final Certificate of Payment relative to the occupied area. 29.2.5. If CITY finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by CITY and CONTRACTOR and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of CONTRACTOR and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. 30. Lands for Work: 30.1. CITY shall provide, as may be indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto and such other lands as are designated by CITY or the use of CONTRACTOR. 30.2. CONTRACTOR shall provide, at CONTRACTOR's own expense and without liability to CITY, any additional land and access thereto that may be required for temporary construction facilities, or for storage of materials. CONTRACTOR shall furnish to CITY copies of written permission obtained by CONTRACTOR from the owners of such facilities. 31. Legal Restrictions and Traffic Provisions: CONTRACTOR shall conform to and obey all applicable laws, regulations, or ordinances with regard to labor employed, hours of work and CONTRACTOR's general operations. CONTRACTOR shall conduct its operations so as not to BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 119 close any thoroughfare, nor interfere in any way with traffic on railway, highways, or water, without the prior written consent of the proper authorities. 32. Location and Damage to Existing Facilities, Equipment or Utilities: 32.1. As far as possible, all existing utility lines in the Project area have been shown on the plans. However, CITY does not guarantee that all lines are shown, or that the ones indicated are in their true location. It shall be the CONTRACTOR S responsibility to identify and locate all underground and overhead utility lines or equipment affecting or affected by the Project. No additional payment will be made to the CONTRACTOR because of discrepancies in actual and plan location of utilities, and damages suffered as a result thereof. 32.2. The CONTRACTOR shall notify each utility company involved at least ten (10) days prior to the start of construction to arrange for positive underground location, relocation or support of its utility where that utility may be in conflict with or endangered by the proposed construction. Relocation of water mains or other utilities for the convenience of the CONTRACTOR shall be paid by the CONTRACTOR. All charges by utility companies for temporary support of its utilities shall be paid for by the CONTRACTOR. All costs of permanent utility relocation to avoid conflict shall be the responsibility of the utility company involved. No additional payment will be made to the CONTRACTOR for utility relocations, whether or not said relocation is necessary to avoid conflict with other lines. 32.3. The CONTRACTOR shall schedule the work in such a manner that the work is not delayed by the utility providers relocating or supporting their utilities. The CONTRACTOR shall coordinate its activities with any and all public and private utility providers occupying the right-of-way. No compensation will be paid to the CONTRACTOR for any Toss of time or delay. 32.4. All overhead, surface or underground structures and utilities encountered are to be carefully protected from injury or displacement. All damage to such structures is to be completely repaired within a reasonable time; needless delay will not be tolerated. The CITY reserves the right to remedy such damage by ordering outside parties to make such repairs at the expense of the CONTRACTOR. All such repairs made by the CONTRACTOR are to be made to the satisfaction of the utility owner. All damaged utilities must be replaced or fully repaired. All repairs are to be inspected by the utility owner prior to backfilling. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 120 33. Value Engineering: CONTRACTOR may request substitution of materials, articles, pieces of equipment or any changes that reduce the Contract Price by making such request to CONSULTANT in writing. CONSULTANT will be the sole judge of acceptability, and no substitute will be ordered, installed, used or initiated without CONSULTANT's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. However, any substitution accepted by CONSULTANT shall not result in any increase in the Contract Price or Contract Time. By making a request for substitution, CONTRACTOR agrees to pay directly to CONSULTANT all CONSULTANT's fees and charges related to CONSULTANT's review of the request for substitution, whether or not the request for substitution is accepted by CONSULTANT. Any substitution submitted by CONTRACTOR must meet the form, fit, function and life cycle criteria of the item proposed to be replaced and there must be a net dollar savings including CONSULTANT review fees and charges. If a substitution is approved, the net dollar savings shall be shared equally between CONTRACTOR and CITY and shall be processed as a deductive Change Order. CITY may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute approved after award of the Contract. 34. Continuing the Work: CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with CITY, including disputes or disagreements concerning a request for a Change Order, a request for a change in the Contract Price or Contract Time. The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. 35. Changes in the Work or Terms of Contract Documents: 35.1. Without invalidating the Contract and without notice to any surety CITY reserves and shall have the right, from time to time to make such increases, decreases or other changes in the character or quantity of the Work as may be considered necessary or desirable to complete fully and acceptably the proposed construction in a satisfactory manner. Any extra or additional work within the scope of this Project must be accomplished by means of appropriate Field Orders and Supplemental Instructions or Change Orders. 35.2. Any changes to the terms of the Contract Documents must be contained in a written document, executed by the parties hereto, with the same formality and of equal dignity prior to the initiation of any work reflecting BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 121 such change. This section shall not prohibit the issuance of Change Orders executed only by CITY as hereinafter provided. 36. Field Orders and Supplemental Instructions: 36.1. The Contract Administrator, through CONSULTANT, shall have the right to approve and issue Field Orders setting forth written interpretations of the intent of the Contract Documents and ordering minor changes in Work execution, providing the Field Order involves no change in the Contract Price or the Contract Time. 36.2. CONSULTANT shall have the right to approve and issue Supplemental Instructions setting forth written orders, instructions, or interpretations concerning the Contract Documents or its performance, provided such Supplemental Instructions involve no change in the Contract Price or the Contract Time. 37. Change Orders: 37.1. Changes in the quantity or character of the Work within the scope of the Project which are not properly the subject of Field Orders or Supplemental Instructions, including all changes resulting in changes in the Contract Price, or the Contract Time, shall be authorized only by Change Orders approved in advance and issued in accordance with the provisions of the CITY. 37.2. All changes to construction contracts must be approved in advance in accordance with the value of the Change Order or the calculated value of the time extension. All Change Orders with a value of $25,000 or more shall be approved in advance by the Mayor and City Commission. All Change Orders with a value of less than $25,000 shall be approved in advance by the City Manager or his designee. 37.3. In the event satisfactory adjustment cannot be reached for any item requiring a change in the Contract Price or Contract Time, and a Change Order has not been issued, CITY reserves the right at its sole option to either terminate the Contract as it applies to the items in question and make such arrangements as may be deemed necessary to complete the disputed work; or submit the matter in dispute to CONSULTANT as set forth in Article 12 hereof. During the pendency of the dispute, and upon receipt of a Change Order approved by CITY, CONTRACTOR shall promptly proceed with the change in the Work involved and advise the CONSULTANT and Contract Administrator in writing within seven (7) calendar days of CONTRACTOR's agreement or disagreement with the BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 122 method, if any, provided in the Change Order for determining the proposed adjustment in the Contract Price or Contract Time. 37.4. On approval of any Contract change increasing the Contract Price, CONTRACTOR shall ensure that the performance bond and payment bond are increased so that each reflects the total Contract Price as increased. 37.5. Under circumstances determined necessary by CITY, Change Orders may be issued unilaterally by CITY. 38. Value of Change Order Work: 38.1. The value of any work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 38.1.1. Where the work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of items involved, subject to the provisions of Section 38.7. 38.1.2. By mutual acceptance of a lump sum which CONTRACTOR and CITY acknowledge contains a component for overhead and profit. 38.1.3. On the basis of the "cost of work," determined as provided in Sections 38.2 and 38.3, plus a CONTRACTOR's fee for overhead and profit which is determined as provided in Section 38.4. 38.2. The term "cost of work" means the sum of all direct costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work described in the Change Order. Except as otherwise may be agreed to in writing by CITY, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in Section 38.3. 38.2.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the work described in the Change Order under schedules of job classifications agreed upon by CITY and CONTRACTOR. Payroll costs for employees not employed full time on the work covered by the Change Order shall be apportioned on the basis of their time spent on BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 123 the work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay application thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing the work after regular working hours, on Sunday or legal holidays, shall be included in the above to the extent authorized by CITY. 38.2.2. Cost of all materials and equipment furnished and incorporated in the work, including costs of transportation and storage thereof, and manufacturers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless CITY deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to CITY. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to CITY and CONTRACTOR shall make provisions so that they may be obtained. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by CITY with the advice of CONSULTANT and the costs of transportation, loading, unloading, installation, dismantling and removal thereof, all in accordance with the terms of said agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the work. 38.2.3. Payments made by CONTRACTOR to Subcontractors for work performed by Subcontractors. If required by CITY, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR and shall deliver such bids to CITY who will then determine, with the advice of CONSULTANT, which bids will be accepted. If the Subcontract provides that the Subcontractor is to be paid on the basis of cost of the work plus a fee, the Subcontractor's cost of the work shall be determined in the same manner as CONTRACTOR'S cost of the work. All Subcontractors shall be subject to the other provisions of the Contract Documents insofar as applicable. 38.2.4. Cost of special consultants, including, but not limited to, engineers, architects, testing laboratories, and surveyors BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 124 employed for services specifically related to the performance of the work described in the Change Order. 38.2.5. Supplemental costs including the following: 38.2.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the work except for local travel to and from the site of the work. 38.2.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, applian- ces, office and temporary facilities at the site and hand tools not owned by the workmen, which are consumed in the performance of the work, and cost less market value of such items used but not consumed which remains the property of CONTRACTOR. 38.2.5.3. Sales, use, or similar taxes related to the work, and for which CONTRACTOR is liable, imposed by any governmental authority. 38.2.5.4. Deposits lost for causes other than CONTRACTOR's negligence; royalty payments and fees for permits and licenses. 38.2.5.5. The cost of utilities, fuel and sanitary facilities at the site. 38.2.5.6. Receipted minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the work. 38.2.5.7. Cost of premiums for additional bonds and insurance required because of changes in the work. 38.3. The term "cost of the work" shall not include any of the following: 38.3.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, auditors, accountants, purchasing and BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 125 contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in its principal or a branch office for general administration of the work and not specifically included in the agreed-upon schedule of job classifications referred to in Section 38.2.1., all of which are to be considered administrative costs covered by CONTRACTOR's fee. 38.3.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 38.3.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the work and charges against CONTRACTOR for delinquent payments. 38.3.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same, except for additional bonds and insurance required because of changes in the work. 38.3.5. Costs due to the negligence or neglect of CONTRACTOR, any Subcontractors, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. 38.3.6. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in Section 38.2. 38.4. CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 38.4.1. A mutually acceptable fixed fee or if none can be agreed upon, 38.4.2. A fee based on the following percentages of the various portions of the cost of the work: 38.4.2.1. For costs incurred under Sections 38.2.1 and 38.2.2, CONTRACTOR's fee shall not exceed ten percent (10%). 38.4.2.2. For costs incurred under Section 38.2.3, CONTRACTOR's fee shall not exceed seven and BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 126 one half percent (7.5%); and if a subcontract is on the basis of cost of the work plus a fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall not exceed ten percent (10%); and 38.4.2.3. No fee shall be payable on the basis of costs itemized under Sections 38.2.4 and 38.2.5, (except Section 38.2.5.3), and Section 38.3. 38.5. The amount of credit to be allowed by CONTRACTOR to CITY for any such change which results in a net decrease in cost, will be the amount of the actual net decrease. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any, however, CONTRACTOR shall not be entitled to claim lost profits for any Work not performed. 38.6. Whenever the cost of any work is to be determined pursuant to Sections 38.2 and 38.3, CONTRACTOR will submit in a form acceptable to CONSULTANT an itemized cost breakdown together with the supporting data. 38.7. Where the quantity of any item of the Work that is covered by a unit price is increased or decreased by more than twenty percent (20%) from the quantity of such work indicated in the Contract Documents, an appropriate Change Order shall be issued to adjust the unit price, if warranted. 38.8. Whenever a change in the Work is to be based on mutual acceptance of a lump sum, whether the amount is an addition, credit or no change -in -cost, CONTRACTOR shall submit an initial cost estimate acceptable to CONSULTANT and Contract Administrator. 38.8.1. Breakdown shall list the quantities and unit prices for materials, labor, equipment and other items of cost. 38.8.2. Whenever a change involves CONTRACTOR and one or more Subcontractors and the change is an increase in the Contract Price, overhead and profit percentage for CONTRACTOR and each Subcontractor shall be itemized separately. 38.9. Each Change Order must state within the body of the Change Order whether it is based upon unit price, negotiated lump sum, or "cost of the work." BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 127 39. Notification and Claim for Change of Contract Time or Contract Price: 39.1. Any claim for a change in the Contract Time or Contract Price shall be made by written notice by CONTRACTOR to the Contract Administrator and to CONSULTANT within five (5) calendar days of the commencement of the event giving rise to the claim and stating the general nature and cause of the claim. Thereafter, within twenty (20) calendar days of the termination of the event giving rise to the claim, written notice of the extent of the claim with supporting information and documentation shall be provided unless CONSULTANT allows an additional period of time to ascertain more accurate data in support of the claim and such notice shall be accompanied by CONTRACTOR's written notarized statement that the adjustment claimed is the entire adjustment to which the CONTRACTOR has reason to believe it is entitled as a result of the occurrence of said event. All claims for changes in the Contract Time or Contract Price shall be determined by CONSULTANT in accordance with Article 12 hereof, if CITY and CONTRACTOR cannot otherwise agree. IT IS EXPRESSLY AND SPECIFICALLY AGREED THAT ANY AND ALL CLAIMS FOR CHANGES TO THE CONTRACT TIME OR CONTRACT PRICE SHALL BE WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION. 39.2. The Contract Time will be extended in an amount equal to time lost on critical Work items due to delays beyond the control of and through no fault or negligence of CONTRACTOR if a claim is made therefor as provided in Section 39.1. Such delays shall include, but not be limited to, acts or neglect by any separate contractor employed by CITY, fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. 40. No Damages for Delay: No claim for damages or any claim, other than for an extension of time, shall be made or asserted against CITY by reason of any delays except as provided herein. CONTRACTOR shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from CITY for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by CONTRACTOR for actual delays due solely to fraud, bad faith or active interference on the part of CITY or its CONSULTANT. Otherwise, CONTRACTOR shall be entitled only to BID NO: 27-06/07 CITY OF' MIAMI BEACH DATE: 01/25/07 128 extensions of the Contract Time as the sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above. 41. Excusable Delay; Compensable; Non -Compensable: 41.1 Excusable Delay. Delay which extends the completion of the Work and which is caused by circumstances beyond the control of CONTRACTOR or its subcontractors, suppliers or vendors is Excusable Delay. CONTRACTOR is entitled to a time extension of the Contract Time for each day the Work is delayed due to Excusable Delay. CONTRACTOR shall document its claim for any time extension as provided in Article 39 hereof. Failure of CONTRACTOR to comply with Article 39 hereof as to any particular event of delay shall be deemed conclusively to constitute a waiver, abandonment or relinquishment of any and all claims resulting from that particular event of delay. Excusable Delay may be compensable or non -compensable: (a) Compensable Excusable Delay. Excusable Delay is compensable when (i) the delay extends the Contract Time, (ii) is caused by circumstances beyond the control of the CONTRACTOR or its subcontractors, suppliers or vendors, and (iii) is caused solely by fraud, bad faith or active interference on the part of CITY or its agents. In no event shall CONTRACTOR be compensated for interim delays which do not extend the Contract Time. CONTRACTOR shall be entitled to direct and indirect costs for Compensable Excusable Delay. Direct costs recoverable by CONTRACTOR shall be limited to the actual additional costs allowed pursuant to Article 38 hereof. CITY and CONTRACTOR recognize and agree that the amount of CONTRACTOR's precise actual indirect costs for delay in the performance and completion of the Work is impossible to determine as of the date of execution of the Contract Documents, and that proof of the precise amount will be difficult. Therefore, indirect costs recoverable by the CONTRACTOR shall be liquidated on a daily basis for each day the Contract Time is delayed due to a Compensable Excusable Delay. These liquidated indirect costs shall be paid to compensate CONTRACTOR for all indirect costs caused by a Compensable Excusable Delay and shall include, but not be limited to, all profit on indirect costs, home office overhead, acceleration, loss of earnings, loss of productivity, loss of BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 129 bonding capacity, loss of opportunity and all other indirect costs incurred by CONTRACTOR. The amount of liquidated indirect costs recoverable shall be N/A per day for each calendar day the Contract is delayed due to a Compensable Excusable Delay. (b) Non -Compensable Excusable Delay. When Excusable Delay is (i) caused by circumstances beyond the control of CONTRACTOR, its subcontractors, suppliers and vendors, and is also caused by circumstances beyond the control of the CITY or CONSULTANT, or (ii) is caused jointly or concurrently by CONTRACTOR or its subcontractors, suppliers or vendors and by the CITY or CONSULTANT, then CONTRACTOR shall be entitled only to a time extension and no further compensation for the delay. 42. Substantial Completion: When CONTRACTOR considers that the Work, or a portion thereof designated by CITY pursuant to Article 29 hereof, has reached Substantial Completion, CONTRACTOR shall so notify CITY and CONSULTANT in writing. CONSULTANT and CITY shall then promptly inspect the Work. When CONSULTANT, on the basis of such an inspection, determines that the Work or designated portion thereof is substantially complete, it will then prepare a Certificate of Substantial Completion in the form attached hereto as Form 00925 which shall establish the Date of Substantial Completion; shall state the responsibilities of CITY and CONTRACTOR for security, maintenance, heat, utilities, damage to the Work, and insurance; and shall list all Work yet to be completed to satisfy the requirements of the Contract Documents for Final Completion. The failure to include any items of corrective work on such list does not alter the responsibility of CONTRACTOR to complete all of the Work in accordance with the Contract Documents. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to CITY through the Contract Administrator and CONTRACTOR for their written acceptance of the responsibilities assigned to them in such Certificate. 43. No Interest: Any monies not paid by CITY when claimed to be due to CONTRACTOR under this Agreement, including, but not limited to, any and all claims for contract damages of any type, shall not be subject to interest including, but not limited to prejudgment interest. However, the provisions of CITY's prompt payment ordinance, as such relates to timeliness of payment, and the provisions of BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 130 Section 218.74(4), Florida Statutes (1989) as such relates to the payment of interest, shall apply to valid and proper invoices. 44. Shop Drawings: 44.1. CONTRACTOR shall submit Shop Drawings as required by the Technical Specifications. The purpose of the Shop Drawings is to show the suitability, efficiency, technique of manufacture, installation requirements, details of the item and evidence of its compliance or noncompliance with the Contract Documents. 44.2. Within thirty (30) calendar days after the Project Initiation Date specified in the Notice to Proceed, CONTRACTOR shall submit to CONSULTANT a complete list of preliminary data on items for which Shop Drawings are to be submitted and shall identify the critical items. Approval of this list by CONSULTANT shall in no way relieve CONTRACTOR from submitting complete Shop Drawings and providing materials, equipment, etc., fully in accordance with the Contract Documents. This procedure is required in order to expedite final approval of Shop Drawings. 44.3. After the approval of the list of items required in Section 44.2 above, CONTRACTOR shall promptly request Shop Drawings from the various manufacturers, fabricators, and suppliers. CONTRACTOR shall include all shop drawings and other submittals in its certification. 44.4. CONTRACTOR shall thoroughly review and check the Shop Drawings and each and every copy shall show this approval thereon. 44.5. If the Shop Drawings show or indicate departures from the Contract requirements, CONTRACTOR shall make specific mention thereof in its letter of transmittal. Failure to point out such departures shall not relieve CONTRACTOR from its responsibility to comply with the Contract Documents. 44.6. CONSULTANT shall review and approve Shop Drawings within twenty- one (21) calendar days from the date received, unless said Drawings are rejected by CONSULTANT for material reasons. CONSULTANT's approval of Shop Drawings will be general and shall not relieve CONTRACTOR of responsibility for the accuracy of such Drawings, nor for the proper fitting and construction of the work, nor for the furnishing of materials or work required by the Contract Documents and not indicated on the Drawings. No work called for by Shop Drawings shall be performed until the said Drawings have been approved by CONSULTANT. Approval shall not relieve CONTRACTOR from responsibility for errors or omissions of any sort on the Shop Drawings. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 131 44.7. No approval will be given to partial submittals of Shop Drawings for items which interconnect and/or are interdependent where necessary to properly evaluate the design. It is CONTRACTOR's responsibility to assemble the Shop Drawings for all such interconnecting and/or interdependent items, check them and then make one submittal to CONSULTANT along with its comments as to compliance, noncompliance, or features requiring special attention. 44.8. If catalog sheets or prints of manufacturers' standard drawings are submitted as Shop Drawings, any additional information or changes on such drawings shall be typewritten or lettered in ink. 44.9. CONTRACTOR shall submit the number of copies required by CONSULTANT. Resubmissions of Shop Drawings shall be made in the same quantity until final approval is obtained. 44.10. CONTRACTOR shall keep one set of Shop Drawings marked with CONSULTANT's approval at the job site at all times. 45. Field Layout of the Work and Record Drawings: 45.1. The entire responsibility for establishing and maintaining line and grade in the field lies with CONTRACTOR. CONTRACTOR shall maintain an accurate and precise record of the location and elevation of all pipe lines, conduits, structures, maintenance access structures, handholes, fittings and the like and shall prepare record or "as -built" drawings of the same which are sealed by a Professional Surveyor. CONTRACTOR shall deliver these records in good order to CONSULTANT as the Work is completed. The cost of all such field layout and recording work is included in the prices bid for the appropriate items. All record drawings shall be made on reproducible paper and shall be delivered to CONSULTANT prior to, and as a condition of, final payment. 45.2. CONTRACTOR shall maintain in a safe place at the Project site one record copy of all Drawings, Plans, Specifications, Addenda, written amendments, Change Orders, Field Orders and written interpretations and clarifications in good order and annotated to show all changes made during construction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings shall be available at all times to CONSULTANT for reference. Upon Final Completion of the Project and prior to Final Payment, these record documents, samples and Shop Drawings shall be delivered to the Contract Administrator. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 132 45.3. Prior to, and as a condition precedent to Final Payment, CONTRACTOR shall submit to CITY, CONTRACTOR's record drawings or as -built drawings acceptable to CONSULTANT. 46. Safety and Protection: 46.1. CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 46.1.1. All employees on the work site and other persons who may be affected thereby; 46.1.2. All the work and all materials or equipment to be incorporated therein, whether in storage on or off the Project site; and 46.1.3. Other property at the Project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 46.2. CONTRACTOR shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and utilities when prosecution of the work may affect them. All damage, injury or loss to any property referred to in Sections 46.1.2 and 46.1.3 above, caused directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR. CONTRACTOR's duties and responsibilities for the safety and protection of the work shall continue until such time as all the Work is completed and CONSULTANT has issued a notice to CITY and CONTRACTOR that the Work is acceptable except as otherwise provided in Article 29 hereof. 46.3. CONTRACTOR shall designate a responsible member of its organization at the Work site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR'S superintendent unless otherwise designated in writing by CONTRACTOR to CITY. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 133 [ X ] 47. Final Bill of Materials: CONTRACTOR shall be required to submit to CITY and CONSULTANT a final bill of materials with unit costs for each bid item for supply of materials in place. This shall be an itemized list of all materials with a unit cost for each material and the total shall agree with unit costs established for each Contract item. A Final Certificate for Payment cannot be issued by CONSULTANT until CONTRACTOR submits the final bill of materials and CONSULTANT verifies the accuracy of the units of Work. 48. Payment by CITY for Tests: Except when otherwise specified in the Contract Documents, the expense of all tests requested by CONSULTANT shall be borne by CITY and performed by a testing firm chosen by CONSULTANT. For road construction projects the procedure for making tests required by CONSULTANT will be in conformance with the most recent edition of the State of Florida, Department of Transportation Standard Specifications for Road and Bridge Construction. The cost of any required test which CONTRACTOR fails shall be paid for by CONTRACTOR. 49. Proiect Sian: Any requirements for a project sign shall be as set forth within the Technical Specifications section. 50. Hurricane Precautions: 50.1. During such periods of time as are designated by the United States Weather Bureau as being a hurricane warning or alert, the CONTRACTOR, at no cost to the CITY, shall take all precautions necessary to secure the Project site in response to all threatened storm events, regardless of whether the CITY or CONSULTANT has given notice of same. 50.2. Compliance with any specific hurricane warning or alert precautions will not constitute additional work. 50.3. Additional work relating to hurricane warning or alert at the Project site will be addressed by a Change Order in accordance with Section 37, General Conditions. 50.4. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the CITY has directed such suspension, will entitle BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 134 the CONTRACTOR to additional Contract Time as noncompensable, excusable delay, and shall not give rise to a claim for compensable delay. 51. Cleaning Up; City's Right to Clean Up: CONTRACTOR shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Project, CONTRACTOR shall remove all its waste materials and rubbish from and about the Project as well as its tools, construction equipment, machinery and surplus materials. If CONTRACTOR fails to clean up during the prosecution of the Work or at the completion of the Work, CITY may do so and the cost thereof shall be charged to CONTRACTOR. If a dispute arises between CONTRACTOR and separate contractors as to their responsibility for cleaning up, CITY may clean up and charge the cost thereof to the contractors responsible therefor as CONSULTANT shall determine to be just. 52. Removal of Equipment: In case of termination of this Contract before completion for any cause whatever, CONTRACTOR, if notified to do so by CITY, shall promptly remove any part or all of CONTRACTOR's equipment and supplies from the property of CITY, failing which CITY shall have the right to remove such equipment and supplies at the expense of CONTRACTOR. 53. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act: CONTRACTOR shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. CONTRACTOR shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by CITY, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, CONTRACTOR shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. CONTRACTOR's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. BID NO: 27-06/07 CITY OF' MIAMI BEACH DATE: 01/25/07 135 CONTRACTOR shall not engage in or commit any discriminatory practice in violation of City of Miami Beach Ordinance No 92.2824 in performing any services pursuant to this Agreement. 54. Project Records: CITY shall have the right to inspect and copy, at CITY's expense, the books and records and accounts of CONTRACTOR which relate in any way to the Project, and to any claim for additional compensation made by CONTRACTOR, and to conduct an audit of the financial and accounting records of CONTRACTOR which relate to the Project and to any claim for additional compensation made by CONTRACTOR. CONTRACTOR shall retain and make available to CITY all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three (3) years following Final Completion of the Project. During the Project and the three (3) year period following Final Completion of the Project, CONTRACTOR shall provide CITY access to its books and records upon seventy-two (72) hours written notice. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 136 00900. SUPPLEMENTARY SPECIFICATIONS Purposely left blank, no supplementary specifications required. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 137 00920. ADDITIONAL ARTICLES: [ ] 1. Prevailing Wage Rate Ordinance. This Project is not federally funded. City of Miami Beach Ordinance No, 94-2960 provides that in all non -federally funded construction contracts in excess of one million dollars to which the City of Miami Beach is a party, the rate of wages and fringe benefits, or cash equivalent, for all laborers, mechanics and apprentices employed by any contractor or subcontractor on the work covered by the contract, shall not be less than the prevailing rate of wages and fringe benefit payments or cash equivalence for similar skills or classifications of work, as established by the Federal Register, in the City of Miami Beach, Florida. The provisions of this Ordinance shall not apply to the following projects: a. water, except water treatment facilities and lift stations; b. sewer, except sewage treatment facilities and lift stations; c. storm drainage; d. road construction, except bridges or structures requiring pilings; and e. beautification projects, which may include resurfacing new curbs, gutters, pavers, sidewalks, landscaping, new lighting, bus shelters, bus benches and signage. [*NOTE: INSERT IF APPLICABLE] [ X ] 2. Federal Grant Proiects: State grants 2.1. By virtue of the fact that the funding of this Project will be delivered in full or in part from the United States government through Transportation Enhancement Program (TEP) Funds, federal assurances must follow the grant application in addition to any and all supervening assurances set forth in Rules and Regulations published in Federal Register or CFR. 2.2. Clauses, terms or conditions required by federal grantor agency are hereby attached and made a part of this Project Manual. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 138 00922. STATEMENT OF COMPLIANCE (PREVAILING WAGE RATE ORDINANCE NO. 94-2960 Contract No. No. Project Title The undersigned CONTRACTOR hereby swears under penalty of perjury that, during the period covered by the application for payment to which this statement is attached, all mechanics, laborers, and apprentices, employed or working on the site of the Project, have been paid at wage rates, and that the wage rates of payments, contributions, or costs for fringe benefits have not been less than those required by City of Miami Beach Ordinance No. 94-2960 and the applicable conditions of the Contract. Dated , 20 STATE OF COUNTY OF SS By: By: (Contractor) (Signature) (Print Name and Title) The foregoing instrument was acknowledged before me this day of , 20, by who is personally known to me or who has produced as identification and who did/did not take an oath. WITNESS my hand and official seal, this day of , 20_ (NOTARY SEAL) (Signature of person taking acknowledgment) (Name of officer taking acknowledgment) (typed, printed or stamped) (Title or rank) (Serial number, if any) My commission expires: BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 139 00923. STATEMENT OF COMPLIANCE (DAVIS BACON ACT) No. Contract No. ProjectTitle The undersigned CONTRACTOR hereby swears under penalty of perjury that, during the period covered by the application for payment to which this statement is attached, all mechanics, laborers, and apprentices, employed or working on the site of the Project, have been paid at wage rates, and that the wage rates of payments, contributions, or costs for fringe benefits have not been Tess than those required by the Davis Bacon Act and the applicable conditions of the Contract. Dated , 20 STATE OF COUNTY OF SS By: By: Contractor (Signature) (Print Name and Title) The foregoing instrument was acknowledged before me this day of , 20, by who is personally known to me or who has produced as identification and who did/did not take an oath. WITNESS my hand and official seal, this day of , 20_ (NOTARY SEAL) (Signature of person taking acknowledgment) (Name of officer taking acknowledgment) (typed, printed or stamped) (Title or rank) (Serial number, if any) My commission expires: BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 140 00925. CERTIFICATE OF SUBSTANTIAL COMPLETION: PROJECT: CONSULTANT: (name, address) TO (CITY): DATE OF ISSUANCE: BID/CONTRACT NUMBER: CONTRACTOR: CONTRACT FOR: NOTICE TO PROCEED DATE: PROJECT OR DESIGNATED PORTION SHALL INCLUDE: The Work performed under this Contract has been reviewed and found to be substantially complete and all documents required to be submitted by CONTRACTOR under the Contract Documents have been received and accepted. The Date of Substantial Completion of the Project or portion thereof designated above is hereby established as which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. DEFINITION OF DATE OF SUBSTANTIAL COMPLETION The Date of Substantial Completion of the Work or portion thereof designated by CITY is the date certified by CONSULTANT when all conditions and requirements of permits and regulatory agencies have been satisfied and the Work, is sufficiently complete in accordance with the Contract Documents, so the Project is available for beneficial occupancy by CITY. A Certificate of Occupancy must be issued for Substantial Completion to be achieved, however, the issuance of a Certificate of Occupancy or the date thereof are not to be determinative of the achievement or date of Substantial Completion. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 141 A list of items to be completed or corrected, prepared by CONSULTANT and approved by CITY, is attached hereto. The failure to include any items on such list does not alter the responsibility of CONTRACTOR to complete all work in accordance with the Contract Documents. The date of commencement of warranties for items on the attached list will be the date of final payment unless otherwise agreed in writing. CONSULTANT BY DATE In accordance with Section 2.2 of the Contract, CONTRACTOR will complete or correct the work on the list of items attached hereto within from the above Date of Substantial Completion. CONSULTANT BY DATE CITY, through the Contract Administrator, accepts the Work or portion thereof designated by CITY as substantially complete and will assume full possession thereof at (time) on (date). City of Miami Beach, Florida By Contract Administrator Date The responsibilities of CITY and CONTRACTOR for security, maintenance, heat, utilities, damage to the work and insurance shall be as follows: BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 142 00926. FINAL CERTIFICATE OF PAYMENT: PROJECT: (name, address) TO (CITY): DATE OF ISSUANCE: CONSULTANT: BID/CONTRACT NUMBER: CONTRACTOR: CONTRACT FOR: NOTICE TO PROCEED DATE: All conditions or requirements of any permits or regulatory agencies have been satisfied. The documents required by Section 5.2 of the Contract, and the final bill of materials, if required, have been received and accepted. The Work required by the Contract Documents has been reviewed and the undersigned certifies that the Work, including minor corrective work, has been completed in accordance with the provision of the Contract Documents and is accepted under the terms and conditions thereof. CONSULTANT BY DATE CITY, through the Contract Administrator, accepts the work as fully complete and will assume full possession thereof at (date). City of Miami Beach, Florida (time) By Contract Administrator Date BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 143 00930. FORM OF FINAL RECEIPT: [The following form will be used to show receipt of final payment for this Contract.] FINAL RECEIPT FOR CONTRACT NO. Received this day of , 20 , from City of Miami Beach, Florida, the sum of Dollars ($ ) as full and final payment to CONTRACTOR for all work and materials for the Project described as: This sum includes full and final payment for all extra work and material and all incidentals. CONTRACTOR hereby indemnifies and releases CITY from all liens and claims whatsoever arising out of the Contract and Project. CONTRACTOR hereby certifies that all persons doing work upon or furnishing materials or supplies for the Project have been paid in full. In lieu of this certification regarding payment for work, materials and supplies, CONTRACTOR may submit a consent of surety to final payment in a form satisfactory to CITY. CONTRACTOR further certifies that all taxes imposed by Chapter 212, Florida Statutes (Sales and Use Tax Act), as amended, have been paid and discharged. [If incorporated sign below.] ATTEST: (Secretary) (Corporate Seal) F\ATTO\AGUR\AGREEMNT\frontend\stdfrm.frtend.fnl.doc By: CONTRACTOR (Name of Corporation) (Signature) (Print Name and Title) day of , 20 BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 144 [If not incorporated sign below.] WITNESSES: F: ATTO\AGUR AGREEMNT\frontend\stdfrm.frtend.fnl.doc BID NO: 27-06/07 DATE: 01/25/07 145 By: CONTRACTOR, (Name of Firm) (Signature) (Print Name and Title) day of CITY OF MIAMI BEACH [ X ] 00950. PLANS AND SPECIFICATIONS I. The Plans and Specifications for the CONSTRUCTION SERVICES FOR THE NORTH BEACH RECREATIONAL CORRIDOR PHASE 1, 2 & 3 has been prepared by: Design Team: Coastal Systems International Coastal Systems is the prime designer responsible for project management, coastal permitting, engineering design of the corridor/path, and preparation of construction plans and specifications. EDAW Master planning of the corridor and for landscape architecture design. Basulto & Associates, Inc. Electrical Engineering Design Kenneth DiDonato, PE — Irrigation Design BID NO: 16-04/05 CITY OF MIAMI BEACH DATE: 05/12/05 146 Plans and specifications for this project are available; please fill out your request on the form found on page 10 and contact T -Square Miami at 305- 324-1234 to order plans and specifications for this project. INDEX OF SHEET REF - REFERENCE SHEETS REF -1 COVER SHEET REF -271- GENERAL NOTES AND INDEX OF SHEETS REF -3 ! SITE PLAN AND EMERGENCY VEHICLE ACCESS REF -4 SITE PLAN AND EMERGENCY VEHICLE ACCESS REF -5 SITE PLAN AND EMERGENCY VEHICLE ACCESS PHASE 1 - ALLISON PARK DEM - DEMOLITION SHEETS DEM -1.1 ALLISION PARK EXISTING COND. & DEMO. PLAN GEO - GEOMETRY SHEETS GEO-1.1 ALLISON PARK GEOMETRY PLAN GRA - GRADING SHEETS GRA -1.1 ALLISON PARK GRADING & DRAINAGE PLAN GRA -1.2 ALLISON PARK GRADING SECTION DET -1.1 DET -1.2 DET -1.3 PLT -1.1 DET - DETAIL SHEETS ALLISON PARK STRUCTURAL DETAILS ALLISON PARK PAVING AND SIGNAGE DETAILS ALLISON PARK PAVING AND SIGNAGE DETAILS PLT - PLANTING SHEETS ALLISON PARK PLANTING PLAN PLT -1.2 j ALLISON PARK PLANTING DETAILS AND NOTES IRR - IRRIGATION SHEETS ALLISON PARK IRRIGATION PLAN IRR -1.1 IRR -1.2 IRR -1.3 LGT-1.1 LGT-1.2 ALLISON PARK IRRIGATION DETAILS AND NOTES..- ALLISON PARK IRRIGATION DETAILS AND NOTES -II LGT - LIGHTING SHEETS NBRC SOUTH LIGHTING PLAN -STA 00+00-06+00 (NOT ISSUED) NBRC SOUTH LIGHTING PLAN -STA ns�nn-17+nn (Nor ISSUED) PAV-2.5 NBRC SOUTH PAVEMENT PLAN AND TABLE PAV-2.6 NBRC SOUTH PAVEMENT TABLE GRA - GRADING SHEETS GRA -2.1 NBRC SOUTH GRADING PLAN -STA. 11+10.5-16+50 GRA -2.2 NBRC SOUTH GRADING PLAN -STA. 16+50-21+50 GRA -2.3 NBRC SOUTH GRADING PLAN -STA. 21+50-26+50 GRA -2.4 NBRC SOUTH GRADING PLAN -STA. 26+50-31+50 GRA -2.5, NBRC SOUTH GRADING PLAN -STA. 31+50-36+50 GRA -2.61 NBRC SOUTH GRADING PLAN -STA. 36+50-41+50 GRA -2.7' NBRC SOUTH GRADING PLAN -STA. 41+50-46+50 GRA -2.8 NBRC SOUTH GRADING PLAN -STA. 46+50-51+50 r __.. GRA -2.9 NBRC SOUTH GRADING PLAN -STA. 51+50-56+50 3RA-2.1C NBRC SOUTH GRADING PLAN -STA. 56+50-60+35 DET - DETAIL SHEETS DETAILS - 1 DET -2.1 DET -2.2 DET -2.3 DET -2.4 j DET -2.5i ___. DETAILS - 2 CROSS SECTIONS - 1 CROSS -SECTIONS -L-2 CROSS SECTIONS - 3 PLT - PLANTING SHEETS PLT -2.1 NBRC SOUTH PLANTING PLAN -STA 11+10.5-11+93 PLT -2.2 NBRC SOUTH PLANTING PLAN -STA 11+93-14+94 PLT -2.3 NBRC SOUTH PLANTING PLAN -STA 14+94-19+96 PLT -2.4H NBRC SOUTH PLANTING PLAN -STA 19+96-20+98 PLT -2.5 NBRC SOUTH PLANTING PLAN -STA L__ 20+98-23+99 PLT -2.6 NBRC SOUTH PLANTING PLAN -STA 23+99-27+01 PLT -2.7 NBRC SOUTH PLANTING PLAN -STA 27+01-30+03 PLT -2.8 NBRC SOUTH PLANTING PIAN -STA 30+03-33+05 PLT -2.9 NBRC SOUTH PLANTING PLAN -STA 33+05-36+07 BID NO: 16-04/05 CITY OF MIAMI BEACH DATE: 05/12/05 147 LGT-1.3 NBRC SOUTH LIGHTING PLAN -STA 12+00-18+10 (NOT ISSUED) PHASE 2 - SOUTH DEM - DEMOLITION SHEETS DEM -2.1 NBRC SOUTH DEMOLITION PLAN -STA 11+10.5-16+80 DEM -2.231 NBRC SOUTH DEMOLITION PLAN -STA 16+80-22+63 DEM -2.3 NBRC SOUTH DEMOLITION PLAN -STA 22+63-28+41 DEM -2.4 NBRC SOUTH DEMOLmON PLAN -STA 28+41-34+21 DEM -2.54 NBRC SOUTH DEMOLITION PLAN -STA 34+21-40+01 DEM -2.6, NBRC SOUTH DEMOLTiION PLAN -STA 40+01-45+80 DEM -2.7 NBRC SOUTH DEMOLITION PLAN -STA 45+80-51+60 DEM -2.8 NBRC SOUTH DEMOLITION PLAN -STA 51+60-57+37 DEM -2.9. NBRC SOUTH DEMOLTfION PLAN -STA 57+37-60+35 GEO - GEOMETRY SHEETS GEO-2.11 NERC SOUTH GEOMETRY PLAN -STA 11+10.5-16+70 GEO-2.2 NBRC SOUTH GEOMETRY PLAN -STA 16t70 -22t53 GEO-2.3 NBRC SOUTH GEOMETRY PLAN -STA 22+53-28+32 GEO-2.4 NBRC SOUTH GEOMETRY PLAN -STA 28+32-34+12 GEO-2,5 NBRC SOUTH GEOMETRY PLAN -STA 34+1?. -39+92 GEO-2.6 NBRC SOUTH GEOMETRY PLAN -STA 39+92-45+71 GEO-2.7 NBRC SOUTH GEOMETRY PLAN -STA 45+71-51+50 GE0-2.8 NBRC SOUTH GEOMETRY PLAN -STA 51+50-57+28 GE0-2.91 NBRC SOUTH GEOMETRY PLAN -STA 57+28-60+35 0-2.1 NBRC SOUTH GEOMETRY PLAN -ALIGNMENT TABLES PAV - PAVING SHEETS PAV-2.11 NBRC SOUTH PAVEMENT PLAN -STA. 11+10 5-22+53 PAV-2.2 NBRC SOUTH PAVEMENT PLAN -STA 22+53-34+12.. PAV-2.3 NBRC SOUTH PAVEMENT PLAN -STA. 34+12-45+72.,., PAV-2.4. NBRC SOUTH PAVEMENT PLAN -STA. 45+72-57+28 BID NO: 16-04/05 DATE: 05/12/05 LT -2.10 NBRC SOUTH PLANTING PLAN -STA 36+07-39+07 ._ ,___ . „_,-,.__ PLT -2.11; NBRC SOUTH PLANTING PLAN -STA 39+07-42+07 PLT -2.12 NBRC SOUTH PLANTING PLAN -STA 42+07-45+07__ _._...__ _... LT -2.13 NBRC SOUTH PLANTING PLAN -STA 45+07-48+07 DLT -2.14 NBRC SOUTH PLANTING PLAN -STA 48+07-51+07 PLT -2.15 NBRC SOUTH PLANTINGY PLAN -STA _ I ......_ 51+07-54+08 PLT -2.16 NBRC SOUTH PLANTING PLAN -STA 54+08-57+08 'LT -2.171 _. NBRC SOUTH PLANTING PLAN -STA __.._. 57+08-60+13 PLT -2.18 NBRC SOUTH PLANTING PLAN -STA 60+13-60+35 PLT -2.19 NBRC SOUTH PLANTING NOTES AND DETAILS IRR - IRRIGATION SHEETS IRR -2.1 NBRC SOUTH IRRIGATION PLAN IRR -2.2 NBRC SOUTH IRRIGATION PLAN 'R - IRR -2.3 NBRC SOUTH IRRIGATION PLAN IRR-2.4NBRC SOUTH IRRIGATION PLAN IRR -2.5 ...._.. _ NBRC SOUTH IRRIGATION PLA_N__ _... IRR -2.6-- NBRC SOUTH IRRIGATION DETAILS IRR -2.7 NBRC SOUTH IRRIGATION DETAILS IRR -2.8 NBRC SOUTH IRRIGATION PUMP E - LIGHTING SHEETS E 2.1 I NBRC SOUTH UGHTING PLAN E 2.2 NBRC PLAN- --- _SOUTH LIGHTING P E-2.3 NBRC SOUTH LIGHTING PLAN E -2.4I NBRC SOUTH UGHTING PLAN E-2.5 I.. NBRC SOUTH LIGHTING PLAN NBRC SOUTH LIGHTING PLAN E-2.7 NBRC SOUTH UGHTING E-2.8 NBRC SOUTH UGHTING PLAN E-2.9 ! NBRC SOUTH UGHTING PLAN E-2.10 NBRC SOUTH LIGHTING PLAN E-2.11: NBRC SOUTH LIGHTING PLAN • E-2.12 NBRC SOUTH LIGHTING PLANT E-2.13 NBRC SOUTH UGHTING PLAN E-2.14 NBRC SOUTH LIGHTING PLAN E-2.15 NBRC SOUTH LIGHTING RISER E-2.16 NBRC SOUTH LIGHTING RISER E-2.17 NBRC SOUTH PHOTOMETRIC PLAN E-2.181 NBRC SOUTH PHOTOMETRIC PLAN E-2.19 NBRC SOUTH PHOTOMETRIC_ PLAN E-2.20 NBRC SOUTH-PPHOTOMETRIC PLAN NBRC SOUTH PHOTOMETRIC PLAN E-2.22 ; NBRC SOUTH PHOTOMETRIC PLAN E-2.23 NBRC SOUTH PHOTOMETRIC PLAN __- E-2.24 ! NBRC SOUTH PHOTOMETRIC PLAN E-2.6 CITY OF MIAMI BEACH 148 E-2.25 NBRC SOUTH PHOTOMETRIC PLAN E-2.26 NBRC SOUTH PHOTOMETRIC PLAN E-2.27 NBRC SOUTH PHOTOMETRIC PLAN E-2.28 NBRC SOUTH PHOTOMETRIC PLAN E-2.29 NBRC SOUTH PHOTOMETRIC PLAN E-2.30 NBRC SOUTH PHOTOMETRIC PIM E-2.31 NBRC SOUTH PHOTOMETRIC PLAN PHASE 3 • NORTH DEM - DEM0UTI0N SHEETS DEM -3.1 NBRC NORTH DEMOLITION PLAN -STA. 00+00-02+08 )EM -3. NBRC NORTH DEMOLITION PLAN -STA. 02+08-07+88 SEM -3.3 NBRC NORTH DEMOLITION PIAN -STA. 07+88-11+10.5 GEO - GEOMETRY SHEETS GEO-3.1- NBRC NORTH GEOMETRY PLAN -STA 00+00-02+08 CEO -3.2 NBRC NORTH GEOMETRY PLAN-STA. 02+08-07+88 3EO-3.3 NBRC NORTH GEOMETRY PLAN -STA. 07+88-11+10.5 _ 3E0-3.4 NBRC NORTH GEOMETRY PLAN - LAYOUT i...__ ._.... TABLES PAV - PAVING SHEETS PAV-3.1 NBRC NORTH PAVEMENT PLAN -STA. 00+00-09+80 PAV-3.2 NBRC NORTH PAVEMENT PLAN AND TABLE GRA - GRADING SHEETS GRA -3.1 NBRC NORTH GRADING PLAN -STA. 00+00-02+00 3RA-3.2 NBRC NORTH GRADING PLAN -STA. 02+00-07+50 3RA-3.31 NBRC NORTH GRADING PLAN -STA 07+50-11+10.5 DET - DETAIL SHEETS 3. DE? -1 _._..__... DETAILS DET -3.2 CROSS SECTIONS PLT - PLANTING SHEETS PLT -3.1 NBRC NORTH PLANTING PLAN - NORTH SHORE NBRC NORTH PLANTING PLAN - 79TH STREET NBRC NORTH PLANTING PLAN -STA 00+88-02+87 NBRC NORTH PLANTING PLAN -STA 02+87-05+87 PLT -3.5; NBRC NORTH PLANTING PLAN -STA 05+87-08+91 PLT -3.6 NBRC NORTH PLANTING PLAN -STA 08+91-11+10.5 _.... PLT -3.7' NBRC NORTH PANTIN LG NOTES AND DETAILS IRR - IRRIGATION SHEETS IRR -3.1 NBRC NORTH IRRIGATION PLAN IRR -3.2 NBRC NORTH IRRIGATION DETAILS IRR -3.3 NBRC NORTH IRRIGATION DETAILS E - LIGHTING SHEETS E-3.1 NBRC NORTH UGHTING PLAN E-3.2 NBRC NORTH UGHTING PLAN NBRC NORTH UGHTING PLAN E-3.4 f NBRC NORTH LIGHTING PLAN E-3.5 NBRC NORTH UGHTING PLAN _ E-3.6 NBRC NORTH UGHTING RISER E-3.7 NBRC NORTH PHOTOMETRIC PIAN E-3.8 NBRC NORTH PHOTOMETRIC PLAN E-3.9 , NBRC NORTH PHOTOMETRIC. PLAN E-3.10 NBRC NORTH PHOTOMETRIC PLAN E-3.11 NBRC NORTH PHOTOMETRIC PLAN E-3.12! NBRC NORTH PHOTOMETRIC PLAN PLT -3.2; PLT -3.3 PLT -3.4 BID NO: 16-04/05 CITY OF MIAMI BEACH DATE: 05/12/05 149 01000. ADDENDA AND MODIFICATIONS: All addenda and other modifications made prior to the time and date of bid opening shall be issued as separate documents identified as Addendums to the Contract Documents. (Please see page 152) BID NO: 16-04/05 CITY OF MIAMI BEACH DATE: 05/12/05 150 02000. TECHNICAL SPECIFICATIONS: BID NO. 27-06/07 CONSTRUCTION SERVICES FOR THE NORTH BEACH RECREATIONAL CORRIDOR PHASE 1, 2 & 3 Miami Beach, Florida * NOTE: Plans and specifications for this project are available; please fill out your request on the form found on page 10 and contact T -Square Miami at 305-324- 1234 to order plans and specifications for this project. COASTAL SYSTEMS INTRANATIONAL COASTAL SYSTEMS INTERNATIONAL, INC. 464 South Dixie Highway • Coral Gables, Florida 33146 Tel: (305)661-3655 • Fax: (305)661-1914 Specification No. Division 2 02220 02231 02315 02711 02741 02763 02770 02780 02810 02935 Division 16 16528 TECHNICAL SPECIFICATIONS TABLE OF CONTENTS Title Site Demolition Clearing and Grubbing Excavation and Fill Portland Cement -Stabilized Base or Subbase Course Hot -Mix Asphalt (HMA) for Roads Pavement Markings Concrete Sidewalks and Curbs Concrete Block Pavements. Irrigation System General Planting Specifications Exterior Lighting Including Security Applications Appendix DEP Permit Geotechnical Data BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 151 Pages 5 3 6 12 7 2 12 6 10 8 18 07000. ORDINANCES; LOBBYISTS, CONE OF SILENCE, DEBARMENT, CODE OF BUSINESS ETHICS, PROTESTED SOLICITATION AWARD, LOBBYIST FEE DISCLOSURE, EQUAL BENEFITS DIVISION 3. LOBBYISTS Sec. 2-481. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Advisory personnel means the members of those city boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the City commissioners. Autonomous personnel includes but is not limited to the members of the housing authority, personnel board, pension boards, and such other autonomous or semi -autonomous authorities, boards and agencies as are entrusted with the day-to-day policy setting, operation and management of certain defined functions or areas of responsibility. Commissioners means the mayor and members of the City commission. Departmental personnel means the City manager, all assistant City managers, all department heads, the City attorney, chief deputy City attorney and all assistant City attorneys; however, all departmental personnel when acting in connection with administrative hearings shall not be included for purposes of this division. Lobbyist means all persons employed or retained, whether paid or not, by a principal who seeks to encourage the passage, defeat or modification of any ordinance, resolution, action or decision of any commissioner; any action, decision, recommendation of any City board or committee; or any action, decision or recommendation of any personnel defined in any manner in this section, during the time period of the entire decision-making process on such action, decision or recommendation that foreseeably will be heard or reviewed by the City commission, or a City board or committee. The term specifically includes the principal as well as any agent, attorney, officer or employee of a principal, regardless of whether such lobbying activities fall within the normal scope of employment of such agent, attorney, officer or employee. Quasi-judicial personnel means the members of the planning board, the board of adjustment and such other boards and agencies of the City that perform such quasi-judicial functions. The nuisance abatement board, special master hearings and administrative hearings shall not be included for purposes of this division. (Ord. No. 92-2777, §§ 1, 2, 3-4-92; Ord. No. 92-2785, §§ 1, 2, 6-17-92) Cross reference(s)--Definitions generally, § 1-2. BID NO: 27-06/07 CITY OF' MIAMI BEACH DATE: 01/25/07 154 BID NO: 27-06/07 DATE: 01/25/07 CITY OF MIAMI BEACH 155 Sec. 2-482. Registration. (a) All lobbyists shall, before engaging in any lobbying activities, register with the City clerk. Every person required to register shall register on forms prepared by the clerk, pay a registration fee as specified in appendix A and state under oath: (1) His name; (2) His business address; (3) The name and business address of each person or entity which has employed the registrant to lobby; (4) The commissioner or personnel sought to be lobbied; and (5) The specific issue on which he has been employed to lobby. (b) Any change to any information originally filed, or any additional City commissioner or personnel who are also sought to be lobbied shall require that the lobbyist file an amendment to the registration forms, although no additional fee shall be required for such amendment. The lobbyist has a continuing duty to supply information and amend the forms filed throughout the period for which the lobbying occurs. (c) If the lobbyist represents a corporation, partnership or trust, the chief officer, partner or beneficiary shall also be identified. Without limiting the foregoing, the lobbyist shall also identify all persons holding, directly or indirectly, a five percent or more ownership interest in such corporation, partnership, or trust. (d) Separate registration shall be required for each principal represented on each specific issue. Such issue shall be described with as much detail as is practical, including but not limited to a specific description where applicable of a pending request for a proposal, invitation to bid, or public hearing number. The City clerk shall reject any registration statement not providing a description of the specific issue on which such lobbyist has been employed to lobby. (e) Each person who withdraws as a lobbyist for a particular client shall file an appropriate notice of withdrawal. (f) In addition to the registration fee required in subsection (a) of this section, registration of all lobbyists shall be required prior to October 1 of every even -numbered year; and the fee for biennial registration shall be as specified in appendix A. (g) In addition to the matters addressed above, every registrant shall be required to state the extent of any business, financial, familial or professional relationship, or other relationship giving rise to an appearance of an impropriety, with any current City commissioner or personnel who is sought to be lobbied as identified on the lobbyist registration form filed. (h) The registration fees required by subsections (a) and (f) of this section shall be deposited by the clerk into a separate account and shall be expended only to cover the costs incurred in administering the provisions of this division. There shall be no fee required for filing a notice of withdrawal, and the City manager shall waive the registration fee upon a finding of financial hardship, based upon a sworn statement of the applicant. Any person who only appears as a representative of a nonprofit corporation or entity (such as a charitable organization, a neighborhood or homeowner association, a local chamber of commerce or a trade association or trade union), without special compensation BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 156 or reimbursement for the appearance, whether direct, indirect or contingent, to express support of or opposition to any item, shall not be required to register with the clerk as required by this section. Copies of registration forms shall be furnished to each commissioner or other personnel named on the forms. (Ord. No. 92-2777, § 3, 3-4-92; Ord. No. 92-2785, § 3, 6-17-92) Sec. 2-483. Exceptions to registration. (a) Any public officer, employee or appointee or any person or entity in contractual privity with the City who only appears in his official capacity shall not be required to register as a lobbyist. (b) Any person who only appears in his individual capacity at a public hearing before the city commission, planning board, board of adjustment, or other board or committee and has no other communication with the personnel defined in section 2-481, for the purpose of self -representation without compensation or reimbursement, whether direct, indirect or contingent, to express support of or opposition to any item, shall not be required to register as a lobbyist, including but not limited to those who are members of homeowner or neighborhood associations. All speakers shall, however, sign up on forms available at the public hearing. Additionally, any person requested to appear before any city personnel, board or commission, or any person compelled to answer for or appealing a code violation, a nuisance abatement board hearing, a special master hearing or an administrative hearing shall not be required to register, nor shall any agent, attorney, officer or employee of such person. (Ord. No. 92-2777, § §§ 4, 5, 3-4-92; Ord. No. 92-2785, §§ 4, 5, 6-17-92) Sec. 2-484. Sign -in logs. In addition to the registration requirements addressed above, all city departments, including the offices of the mayor and city commission, the offices of the city manager, and the offices of the city attorney, shall maintain signed sign -in logs for all noncity employees or personnel for registration when they meet with any personnel as defined in section 2-481. (Ord. No. 92-2785, § 6, 6-17-92) Sec. 2-485. List of expenditures. (a) On October 1 of each year, lobbyists shall submit to the city clerk a signed statement under oath listing all lobbying expenditures in the city for the preceding calendar year. A statement shall be filed even if there have been no expenditures during the reporting period. (b) The city clerk shall publish logs on a quarterly and annual basis reflecting the lobbyist registrations filed. All logs required by this section shall be prepared in a manner substantially similar to the logs prepared for the state legislature pursuant to F.S., 11.0045. (c) All members of the city commission and all city personnel shall be diligent to ascertain whether persons required to register pursuant to this section have complied with the requirements of this division. Commissioners or city personnel BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 157 may not knowingly permit themselves to be lobbied by a person who is not registered pursuant to this section to lobby the commissioner or the relevant committee, board or city personnel. (d) The city attorney shall investigate any persons engaged in lobbying activities who are reported to be in violation of this division. The city attorney shall report the results of the investigation to the city commission. Any alleged violator shall also receive the results of any investigation and shall have the opportunity to rebut the findings, if necessary, and submit any written material in defense to the city commission. The city commission may reprimand, censure, suspend or prohibit such person from lobbying before the commission or any committee, board or personnel of the city. (Ord. No. 92-2777, § 6, 3-4-92; Ord. No. 92-2785, § 7, 6-17-92) BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 158 Cone of Silence ORDINANCE NO. 2002-3378 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ADMINISTRATION", BY AMENDING ARTICLE VII THEREOF, ENTITLED "STANDARDS OF CONDUCT", BY AMENDING DIVISION 4, ENTITLED "PROCUREMENT", BY AMENDING SECTION 2-486, ENTITLED "CONE OF SILENCE"; SAID AMENDMENT, IN PART, EXTENDING THE PROHIBITIONS ON ORAL COMMUNICATIONS ON ALL REQUEST FOR PROPOSALS (RFP'S), REQUEST FOR QUALIFICATIONS (RFQ'S), AND INVITATION FOR BIDS (BIDS), BETWEEN THE MAYOR AND CITY COMMISSIONERS AND THEIR RESPECTIVE STAFF AND ANY POTENTIAL VENDOR, SERVICE PROVIDER, BIDDER, LOBBYIST, OR CONSULTANT; PROVIDING FOR ADDITIONAL EXCEPTIONS RELATIVE TO ORAL COMMUNICATIONS; PROVIDING FURTHER FOR REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, on January 29, 2002, the Miami -Dade County Commission approved Ordinance No. 02-3, amending Section 2-11.1(t) of the Miami -Dade County Code, the County's Cone of Silence Ordinance, with an effective date of February 8, 2002; and WHEREAS, Miami -Dade County's approved amendments extended the prohibition on oral communications regarding a particular RFP, RFQ, and bid for the solicitation of goods and services to those between a potential vendor, service provider, bidder, lobbyist or consultant, and the Mayor, County Commissioners and their respective staffs; and WHEREAS, Miami -Dade County's approved amendments added additional exemptions to the prohibition on oral communications regarding a particular RFP, RFQ, or bid for the solicitation of goods and services between any person and the procurement director or his/her designated staff responsible for administering the procurement process for such RFP, RFQ or bid, and between a member of the respective selection committee, provided the communication be limited strictly to matters of process or procedure already contained in the corresponding solicitation document; and WHEREAS, Miami -Dade County's approved amendments added additional exemptions to the prohibition on oral communications between the County Manager and the chairperson of a selection committee about a particular selection committee recommendation, only after the committee has submitted a recommendation to the Manager and provided that, should any change occur in the committee recommendation, the content of the communication and of the corresponding change shall be described in writing and filed by the Manager with the Clerk of the County and be included in any recommendation memorandum submitted by the Manager to the County Commission; WHEREAS, Miami -Dade County's approved amendments added additional exemptions to the prohibition on oral communications pertaining to emergency procurements. WHEREAS, said Miami -Dade County amendments are applicable to the Mayor and City Commissioners of the City of Miami Beach, the City Manager, and their respective staffs; and in order to extend said amendments and their applicability to potential vendors, BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 159 service providers, bidders, lobbyists, and consultants doing business in the City of Miami Beach, the Administration and the City Attorney's Office herein recommends that the Mayor and City Commission amend the City's Cone of Silence Ordinance accordingly. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: SECTION 1. Section 2-426, of Division 4 of Article VII of Chapter 2 of the Miami Beach City Code is hereby amended to read as follows: Article VH. Standards of Conduct DIVISION 4. PROCUREMENT Sec. 2-486. Cone of silence. (a) Contracts for the provision of goods, services, and construction projects_ ether (1) Definition. "Cone of silence" is hereby defined to mean a prohibition on: (a) any communication regarding a particular request for proposal ("RFP"), request for qualifications ("RFQ"), or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and the city's administrative staff including, but not limited to, the city manager and his or her staff; " (b) any communication regarding a particular RFP, RFQ, RFQ; or bid between the mayor, city commissioners, or their respective staffs, and any member of the city's administrative staff including, but not limited to, the city manager and his or her staff; (c) any communication regarding a particular RFP, RFQ, RFLI, or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and any member of a city evaluation and/or selection committee therefor; and (d) any communication regarding a particular RFP, RFQ, RFLI, or bid between the mayor, city commissionersLor their respective staffsLand any a member of a city evaluation and/or selection committee therefor (e) anv communication reaardina a particular RFP. RFQ. or bid between the mayor. city commissioners. or their respective staffs and a potential vendor. service provider. bidder. lobbyist, or consultant. Notwithstanding GeFfiffik#Ri6atieR6-Wit BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 160 (2) Procedure. a. A The cone of silence shall be imposed upon each RFP, RFQ, RFLI, and or bid after the advertisement of said RFP, RFQ, RFLI, or bid. At the time of imposition of the cone of silence, the city manager or his or her designee shall provide for public notice of the cone of silence. The city manager shall include in any public solicitation for goods and services a statement disclosing the requirements of this division. (3) b. The cone of silence shall terminate: a)r'i at the time the city manager makes his or her written recommendation as to selection of a particular RFP, RFQ, RFLI, or bid to the city commission, and said RFP, RFQ, RFLI, or bid is awarded; provided, however, that following the Mmanager making his or her written recommendation, the cone of silence shall be lifted as relates to communications between the M -mayor and M -members of the G -commission and the C -city M -manager; providing further if the city commission refers the manager's recommendation back to the city manager of -staff for further review, the cone of silence shall continue until such time as the manager makes a subsequent written recommendation, and the particular RFP, RFQ, RFI, or bid is awarded; �f-b) (11) in the event of contracts for less than $25,000, when the city manager executes the contract. Exceptions. The cone of silence shall not apply to: (a) competitive processes for the award of CDBG, HOME, SHIP and Surtax Funds administered by the city office of community development; and (b) communications with the city attorney and his or her staff. (a) (coral communications at pre-bid conferences; (4) +oral presentations before evaluation and/or selection committees; 4-(e)contract discussions during any duly noticed public meeting; (4)-11) public presentations made to the city commissioners during any duly noticed public meeting; (e) La) contract negotiations with city staff following the award of an RFP, RFQ, RFL -43 or bid by the city commission; (€} ill) communications in writing at any time with any city employee, official or member of the city commission, unless specifically prohibited by the applicable RFP, RFQ, RFLI, or bid documents; of BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 161 (g) u city commission meeting agenda review meetings between the city manager and the mayor and individual city commissioners where such matters are scheduled for consideration at the next G -commission meeting. (4)1j) communications reaardina a particular RFP. RFQ or bid between the Procurement director. or his/her administrative staff responsible for administering the procurement process for such RFP. RFQ or bid and a member of the evaluation/selection committee therefor. provided the communication is limited strictly to matters of process or procedure already contained in the corresponding solicitation document: Lk) duly noticed site visits to determine the comoetencv of bidders reaardina a particular bid during the time period between the opening of bids and the time the city manager makes his or her written recommendation; if) any emergency procurement of aoods or services; (m) communications reaardina a particular RFP. RFQ. or bid between any person. and the procurement director. or his/her administrative staff responsible for administerina the procurement process for such RFP. RFQ. or bid, provided the communication is limited strictly to matters of process or procedure already contained in the corresponding solicitation document. (n) The bidder, proposer, vendor, service provider, lobbyist, or consultant shall file a copy of any written communications with the city clerk. The city clerk shall make copies available to any person upon request. BID NO: 27-06/07 DATE: 01/25/07 CITY OF MIAMI BEACH 162 F Violations/penalties and procedures. A violation of this section by a particular bidder, proposer, vendor, service provider, lobbyist, or consultant shall subject said bidder, er proposer, vendor, service provider, lobbyist, or consultant to the same procedures set forth in Division 5, entitled "Debarment of Contractors_ from City Work; shall render any RFP award, RFQ award, RFLI d, or bid award to said bidder, proposer, vendor, service provider, bidder, lobbyist, or consultant voidable; and said bidder, proposer, vendor, service provider, lobbyist, or consultant shall not be considered for any RFP, RFQ, RFLI or bid for a contract for the provision of goods or services for a period of one year. Any person who violates a provision of this division shall be prohibited from serving on a city evaluation and/or selection committee. In addition to any other penalty provided by law, violation of any provision of this division by a city employee shall subject said employee to disciplinary action up to and including dismissal. Additionally, any person who has personal knowledge of a violation of this division shall report such violation to the city attorney's office or state attomey's office,_ and/or may file a complaint with the county ethics commission. (Ord. No. 99-3164, § 1, 1-6-99; Ord. No. 2001-3295, § 1, 3-14-01) BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 163 SECTION 2. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity or constitutionality of the remaining portions of this Ordinance. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the is 10 days after adoption. 10th day of August , 2002, which PASSED and ADOPTED this 31st day of Ju 4 , 2002. Mayor ATTEST: City Clerk Letters or numbers that are stricken through are deletions from existing ordinance. Letters or numbers that are underlined are additions to existing ordinance. F:IATTOIOL IJIRES-ORDICON EOFS ILENCE. FN L. DOC APPROVED AS TO FORM & LANGUAGE & FOR,QCECUTTON BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 164 Date i MURRAY H. DUBBIN City Attorney OFFICE OF THE CITY ATTORNEY qi,Xiaird Wead L 0 R 1 D A COMMISSION MEMORANDUM TO: MAYOR DAVID DERMER MEMBERS OF THE CITY COMMISS % N FROM: MURRAY DUBBIN CITY ATTORNEY JORGE M. GONZALEZ CITY MANAGER Telephone: (305) 673-7470 Telecopy: (305) 673-7002 DATE: JULY 31, 2002 SECOND READING PUBLIC HEARING SUBJECT: AMENDMENT TO CITY'S "CONE OF SILENCE" ORDINANCE On January 29, 2002, the Miami -Dade County Commission approved an amendment to the County's "Cone of Silence" Ordinance, with an effective date of February 8, 2002. The approved amendments to the County's Ordinance, which the City Manager and the City Attorney's Office herein recommend be incorporated as an amendment to the City's own "Cone of Silence" Ordinance, are as follows: (1) Extending the prohibition on oral communications regarding a particular RFP, RFQ, and bid for the solicitation of goods and services to those between a potential vendor, service provider, bidder, lobbyist or consultant, and the Mayor, Commissioners, and their respective staffs; (2) Extending the prohibition on oral communications regarding a particular RFP, RFQ, or bid between any administrative staff member, and any member of an evaluation and/or selection committee therefor; (3) Notwithstanding the prohibition in subsection (2) above, providing an exemption allowing the Manager and the chairperson of the evaluation and/or selection committee to communicate upon a particular evaluation and/or selection committee 1700 Convention Center Drive — Fourth Floor — Miami Bead Date 7 -3/ -0 - Agenda 3/ O - BID NO: 27-06/07 DATE: 01/25/07 Agenda Item A5C CITY OF MIAMI BEACH 165 RESOLUTION NO, 2000-23879 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH REQUIRING THAT CONTRACTORS ADOPT A CODE OF BUSINESS ETHICS PRIOR TO ENTERING INTO A CONTRACT WITH THE CITY OF MIAMI BEACH WHEREAS, the Greater Miami Chamber of Commerce ("GMCC") adopted a Model Code of Business Ethics (the "Model Code"); and WHEREAS, the City of Miami Beach is a member of the GMCC; and WHEREAS, the Model Code, attached hereto as Exhibit A, is a statement of principles to help guide decisions and actions based on respect for the importance of ethical business standards in the community; and WHEREAS, the GMCC encourages its members to adopt the principles and practices outlined in the Model Code; and WHEREAS, the Commission believes that each entity which does business with the City of Miami Beach should be required, as a condition of doing business with the County to adopt a Code of Business Ethics. NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. Each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the City Manager or his or her designee prior to execution of any contract between the contractor and the City. The Code of Business shall, at a minimum, require the contractor to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provisions of the City Code. Section 2. The Commission urges the Greater Miami Chamber of Commerce to require that all of its members adopt the Model Code of Business Ethics. Section 3. This resolution shall become effective immediately upon its adoption. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 166 PASSED and ADOPTED this 12th day of April 2000 ATTEST: (1„(A.,0- c. CITY CLERK YOR APPROVED AS TO FC RM & LANGUAC,7 & FOR EXECtfiO, . BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 167 GREATER MIAMI CHAMBER OF COMMERCE MODEL CODE OF BUSINESS ETHICS STATEMENT OF PURPOSE The Greater Miami Chamber of Commerce ("GMCC') seeks to create and sustain an ethical business climate for its members and the community by adopting a Code of Business Ethics. The GMCC encourages its members to incorporate the principles and practices outlined here in their individual codes of ethics which will guide their relationships with customers, clients and suppliers. This Model Code can and should be prominently displayed at all business locations and may be incorporated into marketing materials. The GMCC believes that its members should use this Code as a model for the development of their organizations' business codes of ethics. This Model Code is a statement of principles to help guide decisions and actions based on respect for the importance of ethical business standards in the community. The GMCC believes the adoption of a meaningful code of ethics is the responsibility of every business and professional organization. Compliance with Government Rules & Regulations We will property maintain all records and post all licenses and certificates in prominent places easily seen by our employees and customers; In dealing with government agencies and employees, we will conduct business in accordance with all applicable rules and regulations and in the open; We will report contract irregularities and other improper or unlawful business practices to the Ethics Commission, the Office of Inspector General or appropriate law enforcement authorities. Recruitment. Selection & Compensation of Vendors and Suppliers We will avoid conflicts of interest and disclose such conflicts when identified; Gifts which compromise the integrity of a business transaction are unacceptable; we will not kick back any portion of a contract payment to employees of the other contracting party or accept such a kickback. Business Accounting All our financial transactions will be properly and fairly recorded in appropriate books of account, and there will be no "off the books" transactions or secret accounts. Promotion and Sales of Products and Services Our products will comply with ail applicable safety and quality standards; • We will promote and advertise our business and its products or services in a manner which is not misleading and does not falsely disparage our competitors; Doing Business with the Government BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 168 • We will conduct business with government agencies and employees in a manner which avoids even the appearance of impropriety. Efforts to curry political favoritism are unacceptable; • Our bids will be competitive, appropriate to the bid documents and arrived at independently; • • • Any challenges to contracts awarded will have a substantive basis and not be pursued merely because we are the unsuccessful bidder; We will, to the best of our ability, perform government contracts awarded at the price and under the terms provided for in the contract. We will not submit inflated invoices for goods provided or services performed under such contracts, and claims will be made only for work actually performed. We will abide by all contracting and subcontracting regulations. We will not, directly or indirectly, offer to give a bribe or otherwise channel kickbacks from contracts awarded, to government officials, their family members or business associates. We will not seek or expect preferential treatment on bids based on our participation in political campaigns. Public Life and Political Campaigns We encourage all employees to participate in community life, public service and the political process; We encourage all employees to recruit, support and elect ethical and qualified public officials and engage them in dialogue and debate about business and community issues; Our contributions to political parties, committees or individuals will only be made in accordance with applicable law and will comply with all requirements for public disclosure. All contributions made on behalf of the business must be reported to senior company management; • We will not contribute to the campaigns of persons who are convicted felons or those who do not sign the Fair Campaign Practices Ordinance. • We will not knowingly disseminate false campaign information or support those who do. Company Name Corporate Officer Date BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 169 ORDINANCE NO 2000-3234 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, ENTITLED "PROCUREMENT", BY CREATING DIVISION 5, ENTITLED "DEBARMENT", SECTIONS 2-397 THROUGH 2-406 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, PROVIDING FOR DEBARMENT OF CONTRACTORS FROM CITY WORK; PROVIDING FOR SEVERABILITY; CODIFICATION; REPEALER; AND AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Miami Beach City Code, Chapter 2, entitled "Administration", Article VI, entitled "Procurement", is hereby amended by adding the following Division 5, entitled - "Debarment of Contractors from City Work" reading as follows: Division 5. Debarment of contractors from City work. Section 2-397. Purpose of debarment. (a) The City shall solicit offers from, award contracts to, and consent to subcontractors with responsible contractors only: To effectuate this police, the debarment of contractors from City work may be undertaken. (b) The serious nature of debarment requires that this sanction be imposed only when it is in the public interest for the City's protection. and not for purposes of punishment. Debarment shall be imposed in accordance with the procedures contained in this ordinance. Section 2-398. Definitions. (a) Affiliates. Business concerns. organizations, lobbyists or other individuals are affiliates of each other if, directly or indirectly. (I) either one controls or has the power to control the other, or (ii) a third part controls or has the power to control both. Indicia of control include, but are not limited to. a fiduciary relation which results from the manifestation of consent by one individual to another that the other shall act on his behalf and subject to his control, and consent by the other so to act; interlocking management or ownership; identity of interests among family members; shared facilities and equipment; common use of employees; or a business entity organized by a debarred entity, individual, or affiliate following debarment of a contractor that has the same or similar management, ownership, or principal employees as the contractor that was debarred or suspended. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 170 (b) Civil judgment means a judgment or finding of a civil offense by any court of competent jurisdiction. (c) Contractor means any individual or other legal entity that: (1) Directly or indirectly (e.g. through an affiliate). submits offers for is awarded„ or reasonably may be expected to submit offers or be awarded a City contract, including, but not limited to vendors, suppliers, providers, Bidders, Proposers, consultants, and/or design professionals, or (2) Conducts business or reasonable man be expected to conduct business. with the City as an agent„ representative or subcontractor of another contractor. (d) Conviction means a judgement or conviction of a criminal offense. be it a felony or misdemeanor, by any court of competent jurisdiction. whether entered upon a verdict or a plea. and includes a conviction entered upon a plea of nolo contendere. (e) Debarment means action taken by the Debarment Committee to exclude a contractor (and. in limited instances specified in this ordinance. a Bidder or Proposer from City contracting and City approved subcontracting for a reasonable, specified period as provided in subsection (j) below: a contractor so excluded is debarred. (f) Debarment Committee means a group of seven (7) individual members, each appointed by the Mayor and individual City Commissioners, to evaluate and. if warranted. to impose debarment, (g) Preponderance Greater weight of the evidence means proof by information that, compared with that opposing it , leads to the conclusion that the fact at issue is more probably true than not. (h) Indictment means indictment for a criminal offense. An information or other filing by competent authority charging a criminal offense shall be given the same effect as an indictment. (I) Legal proceeding means any civil judicial proceeding to which the City is a party or any criminal proceeding. The term includes appeals from such proceedings. (j) List of debarred contractors means a list compiled, maintained and distributed by the City s Procurement Office. containing the names of contractors debarred under the procedures of this ordinance. Section 2-399. List of debarred contractors. (a) The City's Procurement Office. is the agency charged with the implementation of this ordinance shall: (1) Compile and maintain a current. consolidated list (List) of all contractors BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 171 (2) (3) debarred by City departments, Such List shall be public record and shall be available for public inspection and dissemination; Periodically revise and distribute the List and issue supplements, if necessary, to all departments. to the Office of the City Manager and to the Mayor and City Commissioners: and Included in the List shall be the name and telephone number of the City official responsible for its maintenance and distribution. (b) The List shall indicate: (1) The names and addresses of all contractors debarred. in alphabetical order; (2) The name of the department that recommends initiation of the debarment action; (3) The cause for the debarment action, as is further described herein. or other statutory or regulatory authority; (4) The effect of the debarment action; (5) The termination date for each listing; (6) The contractor's certificate of competence or license number, when applicable; (7) The person through whom the contractor is qualified, when applicable; (8) The name and telephone number of the point of contact in the department recommending the debarment action. (c) The City's Procurement Office shall: (1) In accordance with internal retention procedures maintain records relating to each debarment; (2) Establish procedures to provide for the effective use of the List, including internal distribution thereof to ensure that departments do not solicit offers from, award contracts to, or consent to subcontracts with contractors on the List; and (3) Respond to inquiries concerning listed, contractors and coordinate such responses with the department that recommended the action, Section 2-400. Effect of debarment. (a) Debarred contractors are excluded from receiving contracts, and departments shall not solicit offers from award contracts to, or consent to subcontracts with these contractors unless the City Manager determines that an emergency exists justifying such action. and obtains approval from the Mayor and City Commission, which approval shall be given by 5/7ths vote of the City Commission at a regularly scheduled City Commission meeting. Debarred contractors are also excluded from conducting business with the City as agents, representatives, subcontractors or partners of other contractors. (d) Debarred contractors are excluded from acting as individual sureties. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 172 Section 2-401. Continuation of current contracts. (a) Commencing on the effective date of this ordinance. all proposed City contracts. as well as Request for Proposals (RFP). Request for Qualifications (RFO). Requests for Letters of Interest (RFLI). or bids issued be the City. shall incorporate this ordinance and specify that debarment may constitute grounds for termination of the contract as well as disqualification from consideration on any RFP, RFO. RFLI. or bid. (b) The debarment shall take effect in accordance with the notice provided by the City Manager pursuant to subsection 2-405(h) below. except that if a City department has contracts or subcontracts in existence at the time the contractor was debarred, the debarment period may commence upon the conclusion of the contract. subject to approval of same be 5/7ths vote of the Mayor and City Commission at a regularly scheduled meeting. (c) City departments may not renew or otherwise extend the duration of current contract or consent to subcontracts with debarred contractors, unless the City Manager determines that an emergency exists justifying the renewal or extension or for an approved extension due to delay or time extension for reasons beyond the contractor's control and such action is approved by 5/7ths vote of the Mayor and City Commission at a regularly scheduled meeting. (d) No further work shall be awarded to a debarred contractor in connection with a continuing contract where the work is divided into separate discrete groups and the City's refusal or denial of further work under the contract will not result in a breach of such contract. Section 2-402. Restrictions on subcontracting. (a) When a debarred contractor is proposed as a subcontractor for any subcontract subject to City approval, the department shall not consent to subcontracts with such contractors unless the City Manager determines that an emergency exists justifying such consent and the Mayor and City Commission approves such decision by 5/7ths vote at a regularly scheduled meeting. (b) The City shall not be responsible for any increases in project costs or other expenses incurred by a contractor as a result of rejection of proposed subcontractors pursuant to subsection 2-402(a) above, provided the subcontractor was debarred prior to bid opening or opening of proposals, where the contract was awarded be the City pursuant to an RFP, RFO, RFLI, or bid. Section 2-403. Debarment. (a) The Debarment Committee may, in the public interest debar a contractor for any of the causes listed in this ordinance using the procedures outlined below. The existence of a cause for debarment however, does not necessarily require that the contractor be debarred; the seriousness of the contractor's acts or omissions BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 173 and any mitigating factors should be considered in making any debarment decision. (b) Debarment constitutes debarment of all officers, directors, shareholders owning or controlling twenty-five (25) percent of the stock, partners, divisions or other organizational elements of the debarred contractor, unless the debarred decision is limited by its terms to specific divisions, organizational elements or commodities. The Debarment Committee's decision includes any existing affiliates of the contractor if they are (I) specifically named and (ii) given written notice of the proposed debarment and an opportunity to respond. Future affiliates of the contractor are subject to the Debarment Committee's decision. (c) A contractor's debarment shall be effective throughout City Government. Section 2-404. Causes for debarment. (a) The Debarment Committee shall debar a contractor for a conviction or civil judgment, (1) For commission of a fraud or a criminal offense in connection with obtaining attempting to obtain, performing, or making a claim upon a public contract or subcontract or a contract or subcontract funded in whole or in part with public funds; (2) For violation of federal or State antitrust statutes relating to the submission of offers; (3) For commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (4) Which makes the City the prevailing party in a legal proceeding and a court determines that the lawsuit between the contractor and the City was frivolous or filed in bad faith. (b) The Committee may debar a contractor, (and, limited instances set forth hereinbelow a Bidder or Proposer) based upon a preponderance the greater weight of the evidence, for; (1) Violation of the terms of a City contract or subcontract or a contract or subcontract funded in whole or in part by City funds such as failure to perform in accordance with the terms of one (1) or more contracts as certified by the City department administering the contract; or the failure to perform or unsatisfactorily perform in accordance with the terms of one (1) or more contracts, as certified by an independent registered architect engineer or general contractor; (2) Violation of a City ordinance or administrative order which lists debarment as a potential penalty; (3) Any other cause which affects the responsibility of a City contractor or subcontractor in performing City work. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 174 Section 2-405. Debarment procedures. (a) Requests for the debarment of contractors may be initiated by a City Department or by a citizen -at Targe and shall be made in writing to the Office of the City Manager. Upon receipt of a request for debarment, the City Manager shall transmit the request to the Mayor and City Commission at a regularly scheduled meeting. The Mayor and City Commission shall transmit the request to a person or persons who shall be charged by the City Commission with the duty of promptly investigating and preparing a written report(s) concerning the proposed debarment, including the cause and grounds for debarment as set forth in this ordinance. (b) Upon completion of the aforestated written report, the City Manager shall forward said report to the Debarment Committee. The City's Procurement Office shall act as staff to the Debarment Committee and, with the assistance of the City department person or persons which prepared the report present evidence and argument to the Debarment Committee (c) Notice of proposal to debar. Within ten working days of the Debarment Committee having received the request for debarment and written report, the City's Procurement Office, on behalf of the Debarment Committee shall issue a notice of proposed debarment advising the contractor and any specifically named affiliates, by certified mail. return receipt requested, or personal service containing the following information: (1) That debarment is being considered: (2) The reasons and causes for the proposed debarment in terms sufficient to put the contractor and any named affiliates on notice of the conduct or transaction(s) upon which it is based; (3) That a hearing shall be conducted before the Debarment Committee on a date and time not less than thirty (30) days after service of the notice. The notice shall also advise the contractor that it may be represented by an attorney, may present documentary evidence and verbal testimony, and may cross-examine evidence and testimony presented against it. (4) The notice shall also describe the effect of the issuance of the notice of proposed debarment, and of the potential effect of an actual debarment. (d) No later than seven (7) working days, prior to the scheduled hearing date, the contractor must furnish the City's Procurement Office a list of the defenses the contractor intends to present at the hearing. If the contractor fails to submit the list, in writing, at least seven (7) working days prior to the hearing or fails to seek an extension of time within which to do so, the contractor shall have waived the opportunity to be heard at the hearing. The Debarment Committee has the right to grant or deny an extension of time, and for good cause, may set aside the waiver to be heard at the hearing, and its decision may only be reviewed upon an abuse of discretion standard. (e) Hearsay evidence shall be admissible at the hearing but shall not form the sole BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 175 (f) (g) basis for initiating a debarment procedure nor the sole basis of any determination of debarment. The hearing shall be transcribed, taped or otherwise recorded by use of a court reporter, at the election Committee and at the expense of the City. Copies of the hearing tape or transcript shall be furnished at the expense and request of the requesting party. Debarment Committee's decision. In actions based upon a conviction or judgment, or in which there is no genuine dispute over material facts, the Debarment Committee shall make a decision on the basis of all the undisputed material information in the administrative record, including any undisputed, material submissions made by the contractor. Where actions are based on disputed evidence, the Debarment Committee shall decide what weight to attach to evidence of record, judge the credibility of witnesses, and base its decision on the prepondenance greater weight of the evidence standard. The Debarment Committee shall be the sole trier of fact. The Committee's decision shall be made within ten (10) working days after conclusion of the hearing, unless the Debarment Committee extends this period for good cause. The Committee's decision shall be in writing and shall include the Committee's factual findings, the principal causes of debarment as enumerated in this ordinance, identification of the contractor and all named affiliate: affected by the decision, and the specific term, including duration, of the debarment imposed. (h) Notice of Debarment Committee's decision. (i) (1) If the Debarment Committee decides to impose debarment, the City Manager shall give the contractor and any named affiliates involved written notice by certified mail, return receipt requested, or hand delivery, within ten (10) working days of the decision, specifying the reasons for debarment and including a copy of the Comrnittee's written decision; stating the period of debarment, including effective dates; and advising that the debarment is effective throughout the City departments. (2) If debarment is not imposed,the City Manager shall notify the contractor and any named affiliates involved ,by certified mail. return receipt requested. or personal service, within ten (10) working days of the decision. All decisions of the Debarment Committee shall be final and shall be effective on the date the notice is signed by the City Manager. Decisions of the Debarment Committee are subject to review by the Appellate Division of the Circuit Court. A debarred contractor may seek a stay of the debarment decision in accordance with the Florida Rules of Appellate Procedure. Section 2-406. Period of debarment. (a) The period of debarment imposed shall be within the sole discretion of the Debarment Committee. Debarment shall be for a period commensurate with the seriousness of the cause(s), and where applicable, within the guidelines set BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 176 forth below, but in no event shall exceed five (5) years. (b) The following guidelines in the period of debarment shall apply except where mitigating or aggravating circumstances justify deviation: (1) For commission of an offense as described in subsection 2404(a)(1): five (5) years. (2) For commission of an offense as described in subsection 2404(a)(2): five (5) years. (3) For commission of an offense as described in subsection 2404(a)(3): five (5) years. (4) For commission of an offense as described in subsection 2404(a)(54): two (2) to five (5) years. (5) For commission of an offense as described in subsections 2404(b)(1) or (2): two (2) to five (5) years. (c) The Debarment Committee may, in its sole discretion, reduce the period of debarment, upon the contractor's written request for reasons such as: Newly discovered material evidence; Reversal of the conviction or civil judgment upon which the debarment was based; Bona fide change in ownership or management; Elimination of other causes for which the debarment was imposed; or Other reasons the Debarment Committee deems appropriate. (d) The debarment debarred contractor's written request shall contain the reasons for requesting a reduction in the debarment period, The City's Procurement Office, with the assistance of the affected department shall have thirty (30) days from receipt of such request to submit written response thereto. The decision of the Debarment Committee regarding a request made under this subsection is final and non -appealable. SECTION 2. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 3. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article," or other appropriate word. SECTION 4. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 177 SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the 3rd day of March,2000. PASSED and ADOPTED this 23rd day of February. 2000. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 178 ORDINANCE NO. 2002-3344 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING PROCEDURES FOR RESOLVING BIDS (BIDS), REQUEST FOR PROPOSALS (RFP'S), REQUEST FOR QUALIFICATIONS (RFQ'S), REQUEST FOR LETTERS OF INTEREST (RFLI'S), AND PURCHASE ORDERS BASED ON WRITTEN OR ORAL QUOTATIONS, BY AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH ENTITLED "ADMINISTRATION"; BY AMENDING ARTICLE VI THEREOF ENTITLED "PROCUREMENT; BY CREATING SECTION 2-371 ENTITLED "AUTHORITY TO RESOLVE PROTESTED BIDS AND PROPOSED AWARDS"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, from time to time the City procures goods and services through Invitation for Bids, Requests for Proposals, Requests for Qualifications, Requests for Letters of Interest, and purchase orders based on written or oral quotations, in accordance with the public bidding procedures set forth in Florida law and the Code of the City of Miami Beach (the "City Code"); and WHEREAS, such process may lead to protested bids and proposed awards; and WHEREAS, it is the intent of the Mayor and City Commission that procedural and technical issues related to Invitations for Bids, Requests for Proposals, Requests for Qualifications, Requests for Letters of Interest, and purchase orders based on written or oral quotations, be decided by the City Manager and the City Attorney, and that their determinations with respect to said procedural and technical issues shall be deemed final; and WHEREAS, it is in the best interests of the City and all respondents to Invitations for Bids, Requests for Proposals, Requests for Qualifications, Requests for Letters of Interest, and purchase orders based on written or oral quotations, to have a clear and unequivocal procedure for resolving such protests in a timely and expeditious manner. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows: Section 1. Them is hereby added to Article VI of Chapter 2 of the City Code a new Section 2-371, which shall read as follows: Section 2-371. Authority to Resolve Protested Bids and Proposed Awards. (a) Right to Protest. Any actual bidder, qualified proposer, or interested parties (hereinafter collectively referred to as the "bidder") who has a BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 179 substantial interest in, and is aggrieved in connection with the solicitation or proposed award of, a request for proposals CRFP"), request for qualifications ("RFQ'), request for letters of interest ("RFLI') or invitation for bid for goods and/or services ("hereinafter, collectively referred to as the bid") may protest to the City Manager or his or her designee. Protests arising from the decisions and votes of any evaluation or selection committee shall be limited to protests based upon alleged deviation(s) from established purchasing procedures set forth in this Code, any written guidelines of the Procurement Department, and the specifications, requirements and/or terms set forth in any bid. (1) Any protest concerning the bid specifications, requirements, and/or terms must be made within three (3) business days (for the purposes of this ordinance, "business day" means a day other than Saturday, Sunday or a national holiday), from the time the facts become known and, in any case, at least two (2) business days prior to the opening of the. Such protest must be made in writing to the City Manager or his or her designee, and such protest shall state the particular grounds on which it is based and shall include all pertinent documents and evidence. No bid protest shall be accepted unless it complies with the requirements of this section. Failure to timely protest bid specifications, requirements and/or terms is a waiver of the ability to protest the specifications, requirements and/or terms. (2) Any protest after the bid opening, including challenges to actions of any evaluation or selection committee as provided in subsection (a) above, shall be submitted in writing to the City Manager, or his or her designee. The City will allow such bid protest to be submitted anytime until two (2) business days following the release of the City Manager's written recommendation to the City Commission, as same is set forth and released in the City Commission agenda packet, for award of the bid in question. Such protest shall state the particular grounds on which it is based and shall include all pertinent grounds on which it is based, and shall include all pertinent documents and evidence. No bid protest shall be accepted unless it complies with the requirements of this section. All actual bidders shall be notified in writing (which may be transmitted by electronic communication, such as facsimile transmission and/or e-mail), following the release of the City Manager's written recommendation to the City Commission. (b) Any bidder who is aggrieved in connection with the solicitation or proposed award of a purchase order based on an oral or written quotation may protest to the City Manager or his or her designee anytime during the procurement process, up to the time of the award of the purchase order, but not after such time. Such protest shall be made in writing and state the particular grounds on which it is based and shall include all pertinent documents and evidence. No bid protest shall be accepted unless it complies with the requirements of this section. (c) The City may request reasonable reimbursement for expenses incurred in processing any protest hereunder, which expenses shall include, but not BID NO: 27-06/07 CITY OE MIAMI BEACH DATE: 01/25/07 180 be limited to, staff time, legal fees and expenses (including expert witness fees), reproduction of documents and other out-of-pocket expenses. (d) Authority to Resolve Protests. The City Manager or his or her designee shall have the authority to settle and resolve a protest concerning the solicitation or award of a bid. (e) Responsiveness. Prior to any decision being rendered under this Ordinance with respect to a bid protest, the City Manager and the City Attorney, or their respective designees, shall certify whether the submission of the bidder to the bid in question is responsive. The parties to the protest shall be bound by the determination of the City Manager and the City Attorney with regard to the issue of responsiveness. Tho (f) MA procedural and technical mattcrc chcll be -final. Decision and Appeal Procedures. If the bid protest is not resolved by mutual agreement, the City Manager and the City Attorney, or their respective designees, shall promptly issue a decision in writing. The decision shall specifically state the reasons for the action taken and inform the protestor of his or her right to challenge the decision. Any person aggrieved by any action or decision of the City Manager, the City Attorney, or their respective designees, with regard to any decision rendered under this section may appeal said decision by filing an original action in the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, in accordance with the applicable court rules. Any action not brought in good faith shall be subject to sanctions including damages suffered by the City and attorney's fees incurred by the City in defense of such wrongful action. (g) Distribution. A copy of each decision by the City Manager and the City Attorney shall be mailed or otherwise furnished immediately to the protestor. (h) Stay of Procurements During Protests. In the event of a timely protest under this section, the City shall not proceed further with the solicitation or with the award pursuant to such bid unless a written determination is made by the City Manager, that the award pursuant to such bid must be made without delay in order to protect a substantial interest of the City. The institution and filing of a protest under this Code is an administrative remedy that shall be employed prior to the institution and filing of any civil action against the City concerning the subject matter of the protest. (i) (j) Protests not timely made under this section shall be barred. Any basis or ground for a protest not set forth in the letter of protest required under this section shall be deemed waived. (k) At the time the City Manager's written recommendation for award of a bid is presented at a meeting of the Mayor and City Commission, the City Attorney, or his or her designee, shall present a report to inform the Mayor BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 181 and City Commission of any legal issues relative to any bid protest filed in connection with the bid in question. (I) The determination of the City Manaaer and the City Attorney with regard to all procedural and technical matters shall be final. Section 2. All ordinances, resolutions or parts thereof in conflict herewith be and the same are hereby repealed. Section 3. If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this Ordinance shall become and be made part of the Code of the City of Miami Beach, Florida, The sections of this Ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. Section 4. This Ordinance shall take effect ten (10) days after its adoption on the 19th day of January, 2002. PASSED on First Reading this 19th day of December ,2001. PASSED and ADOPTED on Second Reading this 9th day of January . 2002. A rrEST: CITY CLERK F.AATIVYAGU1bRF.SOSBIDPROTS.rd12 .dc APPROVED AS TO FORM & LANGUAGE R FOR EXECUTION BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 182 ORDINANCE NO. 2002-3363 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 2, DIVISION 3, SECTION 2-485 THEREFORE ENTITLED "LIST OF EXPENDITURES; FEE DISCLOSURE; REPORTING REQUIREMENTS", BY REQUIRING DISCLOSURE OF LOBBYIST' FEES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Miami Beach City Code Chapter 2 entitled "Administration", Division 3 entitled "Lobbyist", Section 2-485 thereof is hereby amended to read as follows: Sec. 2-485. List of expenditures; fee disclosure; reporting requirements. a. On October 1 of each year, lobbyist subject to lobbyist registration requirements shall submit to the city clerk a signed statement under oath as provided herein listing all lobbying expenditures in the city for the preceding calendar year. A statement shall be filed even if there have been no expenditures during the reporting period. The statement shall list in detail each expenditure by category, including food and beverage, entertainment, research, communication, media advertising, publications, travel, lodging and special events. b. Each lobbyist and his/her principal shall. before enaaaina in anv lobbying activities, submit to the City Clerk a joint sianed statement under oath disclosing the terms and amounts of compensation (to be) paid by each principal to the lobbyist with regard to the specific issue on which the lobbyist has been enaaaed to lobby; each . If no compensation has or will be paid concerning the subject lobby services, a statement shall nonetheless be filed reflecting as such. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 183 c. Any change to information originally filed shall require that the lobbyist (or and principal under subsection (b) above) file, within three business days from such changed circumstances, an—amendment signed statement under path emending to the above-reffrcnpcd reports; additionally, in the event official actjon on the specific lobbied issue is scheduled tp occur during said three day period, the lobbyist and princjp?J shall. prior to sajd official action. further disclose the amendment pv pyblicly stating on the record at which the official action is to occur the subiect amendment. The lobbyist (of and principal) has have a continuing duty to supply accurate information and amend said reports when so needed. (b) (d) The city clerk shall notify any lobbyist (or principal) who fails to timely file an the expenditure or fee disclosure reports referenced in sections (a) and (b) above. In addition to any other penalties which may be imposed as provided is section 2- 485.1, a fine of $50.00 per day shall be assessed for reports filed after the due date. key-) (e) The city clerk shall notify the Miami -Dade County Commission on Ethics and Public Trust of the failure of a lobbyist (or principal) to file a either of the reports referenced above and or pay the assessed fines after notification. (d} fff A lobbyist (or principal) may appeal a fine and may request a hearing before the Miami -Dade Commission on Ethics and Public Trust. A request for a hearing on the fine must be filed with the Miami -Dade Commission on Ethics and Public Trust within 15 calendar days of receipt of the notification of the failure to file the required disclosure form. The Miami -Dade Commission on Ethics and Public Trust shall have the authority to waive the fine, in whole or in part, based on good cause shown. SECTION 2. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 184 SECTION 3. SEVERABILITY If section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. CODIFICATION It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect 18th day of May, 2002. PASSED and ADOPTED on Second Reading this 8th day of May , 2002. ATTEST: na' ructiA. CITY CLERK (Requested by Commissioner Matti Bower and Co-sponsored by Commissioner Simon Cruz, Jose Smith and Richard Steinberg) Shaded language reflects changes between first and second reading. J KO\kw F:ATTO\OLIJ\RES-ORD\2-485 ORD.DOC BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 185 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City AttornSy Dot. ORDINANCE NO. 2003-3389 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 2, ARTICLE VII BY CREATING DIVISION 5 THEREOF ENTITLED "CAMPAIGN FINANCE REFORM", AND FURTHER AMENDING CITY CODE SECTION 38-6 ENTITLED "PROHIBITED CAMPAIGN CONTRIBUTIONS BY VENDORS" AND CITY CODE CHAPTER 2 BY TRANSFERRING SAID SECTION FROM CHAPTER 38 OF THE CODE TO CITY CODE CHAPTER 2, ARTICLE VII, DIVISION 5, RENUMBERING CODE SECTION 38-6 TO CODE SECTION 2-487; AMENDING SAME BY MANDATING THAT THE CITY PUBLISH NOTICE REQUIREMENTS OF THIS ORDINANCE, ESTABLISHING RESPONSIBILITY OF CANDIDATES FOR ELECTED OFFICE TO DETERMINE STATUS OF POTENTIAL DONOR AS VENDOR, CLARIFYING AND CREATING DEFINITIONS, CREATING ADDITIONAL WAIVER PROVISION WHEN TERMINATION OF EXISTING CONTRACT WOULD BE ECONOMICALLY ADVERSE TO CITY'S BEST INTERESTS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Miami Beach City Code Chapter 2, Article VII, is hereby amended by the creation of Division 5 thereof entitled "Campaign Finance Reform" and is further amended by transferring Section 38-6 entitled "Prohibited Campaign contributions by Vendors" from City Code Chapter 38 to City Code Chapter 2, Article VII, Division 5 and renumbering said Section 38-6 to Section 2-487, to read as follows: DIVISION 5. CAMPAIGN FINANCE REFORM * * * Sec. 38-6 2-487. Prohibited Campaign Contributions by Vendors (a -)A. General. (1) (a) No person who is a vendor to the city shall give a campaign contribution directly, or through a member of the persor) irrh' , • , . h -ry otk✓r 16crson, indirectly to a candidate, or to the campaign committee of a candidate, for the offices of mayor or commissioner. Commencing on the effective date of this ordinance. all proposed city contracts. as well as requests for proposals (RFP). requests for aualifications (RFOI, reauests for letters of interest (RFLI), or bids issued by the City. shall incorporate this Ordinance so as to notify potential vendors of the proscription embodied herein. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 186 No candidate; or campaign committee of a candidate for the offices of mayor or commissioner, shall solicit or receive deposit into such candidate's campaign account any campaign contribution directly or indirectly from a person who is a vendor to the city\ or throu family, or through a political a- '�a'�.. he person. Thig Fr cvhlit' who hold a cortrollirg `inanwal ct✓r .. - - - - ' - . Candidates (or those acting on their behalf) shall ensure compliance with this code section by confirming with the Procurement Division's City records (including City of Miami Beach website) to verify the vendor status of any potential donor. (2) A fine of up to $500.00 shall be imposed on every person who violates this prohibition section. Each act of solicitation, giving or receiving depositing a contribution in violation of this para-ate section shall constitute a separate violation. All contributions received deposited by a candidate in violation of this paragraph section shall be forfeited to the city's general revenue fund. A person or entity who directly or family, or through a political action committee, o: thr indirectly makes a contribution to a candidate who is elected to the office of mayor or commissioner shall be disqualified for a period of 12 months following the swearing in of the subject elected official frombusiness serving as a vendor with the city. Thi., hibition cn t'anaa (3) (4) As used in this section: (a) L A "vendor" is a person and/or entity who city, or has been Frith th 1 or is listed on the city manager's approved vendor list. selected by the City as the successful bidder on a present or pending bid for goods. equipment or services. or has been approved by the City on a present or pending award for goods. eauipment or services, prior to or upon execution of a contract. purchase order or standing order. 2. "Vendor" shall include natural persons and/or entities who hold a controlling financial interest in a vendor entity. The term "controlling financial interest" shall mean the ownership. directly or indirectly. of 10% or more of the outstanding capital stock in any corporation or a direct or indirect interest of 10% or more in a firm. The term "firm" shall mean a corporation. partnership, business trust or any legal entity other than a natural person. 3. For purposes of this ordinance. "vendor" status shall terminate upon completion of the agreement for the provision of goods, eauipment or services. (b) For purposes of this section, the term "services" shall mean the rendering by a vendor through competitive bidding or otherwise. of labor, professional and/or consulting services to the City of Miami Beach. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 187 El)) A--ocrtri✓ation" is: - A gift, sa-aorinion, conveyance, deposit, low payment, or distribution of money or anything of value, including eentributiom r: kid hav . • A transfer of funds between political committees, between committees of continuous existence, c� b tween--a--pel ie -al oa m/.tt • The payment, by any person other- t' a candidate or political 4. The transfer of furl± `-' or oonrmittee for such services. treasurer between a prima,; depository and a tieparete interest bearing account or certificate of deposit, and the term �:eh account or certificate. fc) The term contribution shall have the meaning ascribed to such term in Chapter 106. Florida Statutes, as amended and supplemented (copies available in City Clerks office). ( B. Conditions for waiver of prohibition. The requirements of this section may be waived by a 5/7th vote for a particular transaction by city commission vote after public hearing upon finding that: cit., official/d oneo hao in na-`ray x x ticipated the detcr hx tiax of the bid specifications X did a• .' (2 W The property goods. equipment or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property goods, equipment or services without entering into a transaction which would violate this section but for waiver of its requirements; or The business entity involved in the proposed transaction is the sole source of supply within the city as determined by the City's Procurement Director in accordance with procedures established in section 2-367(c) of the Miami Beach City Code; or (4)(3) An emergency contract (as authorized by the City Manager pursuant to section 2- 396 of the Miami Beach City Code) must be made in order to protect the health, safety or welfare of the citizens of the city, as determined by a five -sevenths vote of the city commission:; or k4) tontrac for gear f gels �uiiq ert or services ex fists which if yiiiaLC by the � v, wu i C uvd s C cs Cwitoiiuc n LelCSLS ui the Any grant of waiver by the city commission must be supported with a full disclosure of the subject campaign contribution. (c)C. Applicability. This section shall be applicable only to prospective transactions, and the BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 188 city commission may in no case ratify a transaction entered into in violation of this section. SECTION 2. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article," or other appropriate word. CTIVE DATE Tis Qralinanoe cis JJ takc affbct the L#tli, day of PA ED and ,DOFFED this 8t) airy of 2003 - TOR (Requested by Colnmissiaasr Jove Smith, aad roved by Community Af Conunitt tv) (Paced on 1st Reading on December 11, 2002) JKOw Fteiteoure V 6-4,M,Osc Ordilte4Cel} ,2003432$51 APPROVED NJTo FORMS MOWN 41 Ma I* BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 189 F:\PURC\$ALL\Roman\ORDINANCES\CAMPAIGN ORDINANCE2003-3389.doc ORDINANCE NO. 2005-3494 AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 2, ARTICLE VI, DIVISION 3, BY CREATING SECTION 2-373 THEREOF, ENTITLED "REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS," BY MANDATING THAT CITY CONTRACTORS PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, it is in the best interest of the City to be responsible to the changing needs of society and to treat all persons fairly and equitably; and WHEREAS, the City recognizes that long-term committed relationships foster economic stability and emotional and physiological bonds; and WHEREAS, the City has adopted a human rights ordinance and seeks to comply with the full spirit of it. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Miami Beach City Code Chapter 2, Article VI, Division 3, is hereby amended to create a new Section 2-373 thereof, entitled "Requirement for City Contractors to Provide Equal Benefits for Domestic Partners", to read as follows: ARTICLE VI. PROCUREMENT * * * DIVISION 3. CONTRACT PROCEDURES SECTION 2-373. REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS (A) Definitions. For purposes of this section only, the following definitions shall apply: (1) Benefits mean the following plan. program or policy provided or offered by a Contractor to its employees as part of the employer's total compensation package: sick leave, bereavement leave. family medical leave. and health benefits. IilU IVO: G/-Ub/U/ 111 Y ON 1VIIAIVII ISN,ALH DATE: 01/25/07 190 (2) Bid shall mean a competitive bid procedure established by the City through the issuance of an invitation to bid, request for proposals, request for qualifications. or reauest for letters of interest. ) Cash Equivalent means the amount of money paid to an employee with a Domestic Partner (or spouse. if applicable) in lieu of providina Benefits to the employee's Domestic Partner (or spouse, if applicable). The Cash Eauivalent is eaual to the employer's direct expense of providing Benefits to an employee for his or her spouse. Cash Eauivalent. The cash equivalent of the following benefits apply: a. For bereavement leave. cash payment for the number of days that would be allowed as paid time off for the death of a spouse. Cash payment would be in the form of the wages of the domestic partner employee for the number of days allowed. b. For health benefits, the cost to the Contractor of the Contractor's share of the single monthly premiums that are beina paid for the domestic partner employee. to be paid on a regular basis while the domestic partner employee maintains such insurance in force for himself or herself. c. For family medical leave. cash payment for the number of dans that would be allowed as time off for an employee to care for a spouse who has a serious health condition. Cash payment would be in the form of the wages of the domestic partner employee for the number of days allowed. a) Contract means any written agreement. purchase order, standina order or instrument entered into pursuant to the award of a Bid whereby the City is committed to expend or does expend funds in return for work. labor. professional services. consultina services. supplies. equipment, materials. construction, construction related services or anv combination of the foreaoina. fj Contractor means anv person or persons. sole proprietorship. partnership, ioint venture, corporation, or other form of doing business. that is awarded a Bid and enters into a Covered Contract with the City, and which maintains 51 or more full- time employees on the payroll durina twenty (20) or more calendar work weeks in either the current or the preceding calendar year. Work weeks include consecutive and non-consecutive work weeks. f6] Covered Contract means a Contract between the City and a Contractor awarded, subseauent to the date when this section becomes effective valued at over $100,000, (l Domestic Partner shall mean anv two (2) adults of the same or different sex who have reaistered as domestic partners with a aovernmental body pursuant to BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 191 state or local law authorizing such registration, or with an internal registry maintained by the employer of at least one of the domestic partners. A Contractor may institute an internal registry to allow for the provision of equal benefits to employees with domestic partner who do not register their partnerships pursuant to a governmental body authorizing such registration, or who are located in a iurisdiction where no such governmental domestic partnership reaistry exists. A Contractor that institutes such reaistry shall not impose criteria for registration that are more strinaent than those required for domestic partnership registration by the City of Miami Beach. (8) Equal Benefits means the eauality of benefits between employees with spouses and employees with Domestic Partners. and/or between spouses of employees and Domestic Partners of employees. Equal Benefits Reauirements. W All Bids for Covered Contracts which are issued on or after the effective date of this section shall include the reauirement to provide Eoual Benefits in the procurement specifications for such Bids. gi The Citv shall not enter into any Covered Contract unless the Contractor certifies that such Contractor does not discriminate in the provision of Benefits between employees with Domestic Partners and employees with spouses and/or between the Domestic Partners and spouses of such employees. (3) Such certification shall be in writing and shall be signed by an authorized officer of the Contractor and delivered. along with a description of the Contractor's employee benefits plan, to the City's Procurement Director prior to entering into such covered Contract. a) The City Manager or his/her designee shall reiect a Contractor's certification of compliance if he/she determines that such Contractor discriminates in the provision of Benefits or if the City Manager or designee determines that the certification was created. or is beina used for the purpose of evading the requirements of this section. The Contractor shall provide the City and/or the City Manager or his/her designee. access to its records for the purpose of audits and/or investigations to ascertain compliance with the provisions of this section, and upon request shall orovide evidence that the Contractor is in compliance with the provisions of this section upon each new Bid. Contract renewal, or when the City Manager has received a complaint or has reason to believe the Contractor may not be in compliance with the provisions of this section. This shall include but not be limited to providing the City and/or the City Manager or his/her desianee with certified copies of all of the Contractor's records Dertainina to its Benefits policies and its employment policies and practices. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 192 n The Contractor must post a copy of the following statement in conspicuous places at its place of business available to employees and applicants for employment: "Durino the performance of a Contract with the City of Miami Beach, Florida, the Contractor will provide Equal Benefits to its employees with spouses and its employees with Domestic Partners". The posted statement must also include a City contact telephone number which will be provided each Contractor when the Covered Contract is executed. (7) The Contractor may not set up or use its contracting entity for the purpose of evading the reauirements imposed by this section. LQ) Other Options for Compliance. Provided that the Contractor does not discriminate in the provision of Benefits. a Contractor may also comply with this section in the following ways: The Contractor may provide an employee with the Cash Eauivalent of such Benefit or Benefits, if the City Manager or his/her designee determines that either: a) The Contractor has made a reasonable vet unsuccessful effort to provide Eaual Benefits. The Contractor shall provide the City Manaaer or his/her desianee with sufficient proof of such inability to provide such Benefit or Benefits which shall include the measures taken to provide such Benefits or Benefits and the Cash Equivalent proposed. alona with its certificate of compliance. as is reauired under subsection (B) of this section. The City Manaaer or his desianee shall. based on submitted evidence, determine whether the Contractor's failure to provide such Benefit or Benefits precludes such Contractor from entering into a Covered Contract pursuant to the reauirements of this section: or b) Under the circumstances. it would be unreasonable to reauire the Contractor to provide Benefits to the Domestic Partner (or spouse. if applicable). ZI The Contractor provides benefits neither to employees' spouses nor to employees' Domestic Partners. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 193 Applicability. 1) Unless otherwise exempt, a Contractor is subject to and shall comply with all applicable provisions of this section, 21 The requirements of this section shall apply to Contractor's operations as follows: pj Employees of a Contractor with a Covered Contract who work within the City limits of the City of Miami Beach. Florida: and b) The Contractor's employees located in the United States. but outside of the City of Miami Beach limits. if those employees are directly performing work on the Covered Contract within the City of Miami Beach. (E) Mandatory Contract Provisions Pertaining to Equal Benefits. Unless otherwise exempt. every Covered Contract shall contain language that obligates the Contractor to comply with the applicable provisions of this section. The language shall include provisions for the following: 1l During the performance of the Covered Contract. the Contractor certifies and represents that it will comply with this section. 2) The failure of the Contractor to comply with this section will be deemed to be a material breach of the Covered Contract. al If the Contractor fails to comply with this section, the City may terminate the Covered Contract and all monies due or to become due under the Covered Contract may be retained by the City. The City may also pursue any and all other remedies at law or in eauitv for any breach. 4j If the City Manager or his designee determines that a Contractor has set uo or used its contracting entity for the purpose of evading the reauirements of this section, the City may terminate the Covered Contract. 5I Failure to comply with this section may subject the Contractor to the procedures set forth in Division 5. entitled "Debarment of Contractors from City Work." (F) Enforcement. 1) If the Contractor fails to comply with the provisions of this section: BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 194 1) The failure to comply may be deemed to be a material breach of the Covered Contract: or 2) The City may terminate the Covered Contract: or 3) Monies due or to become due under the Covered Contract may be retained by the City until compliance is achieved; or 4) The City may also pursue anv and all other remedies at law or in equity for anv breach 5) Failure to comply with this section may also subject Contractor to the procedures set forth in Division 5, entitled 'Debarment of Contractors from City Work." (G) Non -applicability. Exceptions and Waivers, 1) The provisions of this section shall not apply where: al The Contractor provides Benefits neither to employees' spouses nor to employees' Domestic Partners. 12) The Contractor is a religious organization, association, society or anv non-profit charitable or educational institution or organization operated. supervised or controlled by or in coniunction with a religious organization. association or society. The Contractor is a aovernmental entity. 2) The provisions of this section shall not apply to Covered Contracts which involve: a) The sale or lease of City property. b) Development agreements entered into pursuant to Chapter 163.3220. Florida Statutes, (the "Florida Local Government Development Aareement"), as same may be amended. gl The award. pursuant to competitive processes. of CDBG. HOME SHIP and Surtax Funds administered by the City's Office of Community Development. Li) The award. pursuant to competitive processes. of Cultural Arts Council Grants. BID NO: 27-06/07 CITY OF' MIAMI BEACH DATE: 01/25/07 195 The acquisition of professional architectural, engineering. landscape architectural, or survey and mapping services procured pursuant to Chapter 287.055, Florida Statutes (the "Consultants' Competitive Negotiation Act"), as same may be amended. The procurement of life, health, accident, hospitalization, legal expense, annuity insurance. or all or any kinds of other insurance for the officers and employees of the City. and for the dependents of such officers and employees. from a croup insurance plan. a) Upon the request and written recommendation of the City Manager. the City Commission may, by resolution adopted by a five -seventh (5Rths) vote of the City Commission, waive compliance of this section under the following circumstances: ai The Covered Contract is necessary to respond to an emeraencv, where the existence of an emeraencv is requested. upon written recommendation of the City Manager, and same is determined by the City Commission. For ourooses of waiver under this subsection only. in determinina whether there is an emera encu. the City Commission may consider the following non-exclusive factors: The nature of the Covered Contract; ii The length of the Covered Contract: iii The cost of the Covered Contract: iv Whether arants are involved in the Covered Contract and the requirements of those grants v_) Whether there is a need to have materials. goods. and services furnished immediately and the consequences of a delay in having those materials. goods, and services furnished: yu The monetary consequences if action is not taken immediately: vii Any health. safety. and welfare issues that may be involved. viii) Increased labor costs, and scheduling of labor i2O The need to complete work before a strict deadline: or x) The impact of delavina one phase or portion of a project on the other phase(s) or portion(s) of the project. b1 Where only one Bid response is received; t) Where more than one Bid response is received. but the Bids demonstrate that none of the bidders can comply with the reauirements of this section. and one or more of the Bids received would otherwise have been responsive if compliance with this section would not have been listed as a requirement in the Bid specifications: BID NO: 27-06/07 DATE: 01/25/07 CITY OF MIAMI BEACH 196 al Where more than one Bid response is received and Bid responses are received from: !� one or more bidders that comply with the requirements of this section and are otherwise responsive: and ii one or more bidders that do not or cannot comply with the requirements of this section. but would otherwise have been responsive if compliance with this section would not have been listed as a reauirement in the Bid specifications: and the Procurement Director's review of the Bids demonstrates that the cost of the Bid (and/or the proposed Covered Contract which may be negotiated for such Bid). as submitted by the lowest responsive bidder which complies with the requirements of this section (or. in the case of a proposal, the proposal of the too -ranked proposer). would be at least five percent (5%). or two hundred fifty thousand dollars ($250.0001 (whichever is less). greater than the lowest responsive bid submitted by the bidder which does not comply with the reauirements of this section but would otherwise have been responsive if compliance with this section would not have been listed as a requirement in the Bid specifications (or, in the case of a proposal. where the top-ranked proposer which does not comply with the requirements of this section, but would otherwise have been responsive if compliance with this section would not have been listed as a reauirement in the Bid specifications): then. upon reauest and written recommendation of the City Manaaer. the City Commission may. by resolution adopted by a 5/7ths vote of the City Commission. waive compliance of this section. and award the Bid to the lowest bidder (or. if a Proposal. to the too ranked proposer) which does not comply with the reauirements of this section but would otherwise have been responsive if compliance with this section would not have been listed as a reauirement in the Bid specifications. a) Consistency with Federal or State Law. The provisions of this section do not apply where the application of these provisions would violate or be inconsistent with the laws, rules or regulations of federal or state law. or where the application would violate or be inconsistent with the terms or conditions of a grant or contract with the United States of America. the State of Florida. or the instruction of an authorized representatives of any of these agencies with respect to any grant or contract, Nothing in this section shall be construed to limit the City's authority to cancel or terminate a Contract. deny or withdraw approval to perform a subcontract or provide supplies. issue a non -responsibility findina. issue a non -responsiveness finding, BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 197 deny a person or entity pre-aualifications, or otherwise deny a person or entity City business. Lli Timina of Application. This section shall be applicable onlv to Covered Contracts awarded pursuant to Bids which are issued six (6) months from the date when this section becomes effective., SECTION 2. REPEALER All ordinances or parts or ordinances in conflict herewith be the same are hereby repealed. SECTION 3. SEVERABILITY If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. CODIFICATION It is intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect the 29th day of PASSED and ADOPTED thisl9th day of October , 2Q01. ATTEST: CITY CLERK Robert Parcher F latto\AGURtRESOS-ORD\Equal Benefits Ordinance (Finap_doc BID NO: 27-06/07 DATE: 01/25/07 October i CITY OF MIAMI BEACH 198 AYOR , 2005. David Dermer APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION JO 'OS City Attorney i :;) s Date 07000. LAP AGREEMENT FEDERAL REQUIREMENTS FOR CONSTRUCTION CONTRACTS I. AUDIT REPORTS 200 II. BUY AMERICA REQUIREMENTS 200 III. CONTRACTOR PURCHASED EQUIPMENT 201 IV. SUSPENSION AND DEBARMENT 202 V. HIRING PREFERENCE 203 VI. LOBBYING CERTIFICATION 204 VII. ACCEPTANCE OR REJECTION OF BIDS 204 VIII. OWNER FORCE ACCOUNT/COST EFFECTIVE JUSTIFICATION 204 IX. PUBLICLY -OWNED EQUIPMENT 204 X. SALVAGE CREDITS 205 XI. STATE PREFERENCE 205 XII. PREVAILING WAGE RATE ORDINANCE- GENERAL DECISION FL20030044 FL44 206 XIII. FHWA-1273 207 XIV. BID OPENING AND TABULATION 222 XV. BID ANALYSIS AND AWARD OF CONTRACT 222 XVI. DISADVANTAGED BUSINESS ENTERPRISE 223 BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 199 I. Audit Reports Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State Agency. In the event that a recipient expends $300,000 or more in federal awards in its fiscal year, the recipient must have a single or program specific audit conducted in accordance with the United States Office of Management and Budget (OMB) Circular A-133. If a recipient expends less than $300,000 in federal awards during its fiscal year, an audit conducted in accordance with the OMB Circular A-1333 is not required. If a recipient expends less than $300,000 in federal awards during its fiscal year and elects to have an audit conducted in accordance with OMB Circular A-133, the cost of the audit must be paid from non-federal funds. Reporting Packages and management letters generated from audits conducted in accordance with OMB Circular A-133 shall be submitted to the awarding FDOT office, by the recipient, within 30 days of receiving it. The aforementioned items are to be received by the appropriate FDOT office no later than 9 months after the end of the recipient's fiscal year. II. Buy America Requirements (a) The provisions of this section shall prevail and be given precedence over any requirements of this subpart which are contrary to this section. However, nothing in this section shall be construed to be contrary to the requirements of §635.409(a) of this subpart. (b) No Federal -aid highway construction project is to be authorized for advertisement or otherwise authorized to proceed unless at least one of the following requirements is met: (1) The project either: (i) Includes no permanently incorporated steel or iron materials, or (ii) if steel or iron materials are to be used, all manufacturing processes, including application of a coating, for these materials must occur in the United States. Coating includes all processes which protect or enhance the value of the material to which the coating is applied. (2) The State has standard contract provisions that require the use of domestic materials and products, including steel and iron materials, to the same or greater extent as the provisions set forth in this section. (3) The State elects to include alternate bid provisions for foreign and domestic steel and iron materials which comply with the following requirements. Any procedure for obtaining alternate bids based on furnishing foreign steel and iron materials which is acceptable to the Division Administrator may be used. The contract provisions must (i) require all bidders to submit a bid based on furnishing domestic steel and iron materials, and (ii) clearly state that the contract will be awarded to the bidder who submits the lowest total bid based on furnishing domestic steel and iron materials unless such total bid exceeds the lowest total bid based on furnishing foreign steel and iron materials by more than 25 percent. (4) When steel and iron materials are used in a project, the requirements of this section do not prevent a minimal use of foreign steel and iron materials, if the cost of such materials used does not exceed one-tenth of one percent (0.1 percent) of the total contract cost or $2,500, whichever is greater. For purposes of this paragraph, the cost is that shown to be the value of the steel and iron products as they are delivered to the project. (c) (1) A State may request a waiver of the provisions of this section if; i) The application of those provisions would be inconsistent with the public interest; or (ii) Steel and iron materials/products are not produced in the United States in sufficient and reasonably available quantities which are of a satisfactory quality. (2) A request for waiver, accompanied by supporting information, must be submitted BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 200 in writing to the Regional Federal Highway Administrator (RFHWA) through the FHWA Division Administrator. A request must be submitted sufficiently in advance of the need for the waiver in order to allow time for proper review and action on the request. The RFHWA will have approval authority on the request. (3) Requests for waivers may be made for specific projects, or for certain materials or products in specific geographic areas, or for combinations of both, depending on the circumstances. (4) The denial of the request by the RFHWA may be appealed by the State to the Federal Highway Administrator (Administrator), whose action on the request shall be considered administratively final. (5) A request for a waiver which involves nationwide public interest or availability issues or more than one FHWA region may be submitted by the RFHWA to the Administrator for action. (6) A request for waiver and an appeal from a denial of a request must include facts and justification to support the granting of the waiver. The FHWA response to a request or appeal will be in writing and made available to the public upon request. Any request for a nationwide waiver and FHWA's action on such a request may be published in the Federal Register for public comment. (7) In determining whether the waivers described in paragraph (c)(1) of this section will be granted, the FHWA will consider all appropriate factors including, but not limited to, cost, administrative burden, and delay that would be imposed if the provision were not waived. (d) Standard State and Federal -aid contract procedures may be used to assure compliance with the requirements of this section. III. Contractor Purchased Equipment (a) Title. Subject to the obligations and conditions set forth in this section, title to equipment acquired under a grant or subgrant will vest upon acquisition in the grantee or subgrantee respectively. (b) States. A State will use, manage, and dispose of equipment acquired under a grant by the State in accordance with State laws and procedures. Other grantees and subgrantees will follow paragraphs (c) through (e) of this section. (c) Use. (1) Equipment shall be used by the grantee or subgrantee in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by Federal funds. When no longer needed for the original program or project, the equipment may be used in other activities currently or previously supported by a Federal agency. (2) The grantee or subgrantee shall also make equipment available for use on other projects or programs currently or previously supported by the Federal Government, providing such use will not interfere with the work on the projects or program for which it was originally acquired. First preference for other use shall be given to other programs or projects supported by the awarding agency. User fees should be considered if appropriate. (3) Notwithstanding the encouragement in Sec. 18.25(a) to earn program income, the grantee or subgrantee must not use equipment acquired with grant funds to provide services for a fee to compete unfairly with private companies that provide equivalent services, unless specifically permitted or contemplated by Federal statute. (4) When acquiring replacement equipment, the grantee or subgrantee may use the equipment to be replaced as a trade-in or sell the property and use the proceeds to offset the cost of the replacement property, subject to the approval of the awarding agency. (d) Management requirements. Procedures for managing equipment (including replacement equipment), whether acquired in whole or in part with grant funds, until disposition takes place will, as a minimum, meet the following requirements: (1) Property records must be maintained that include a description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 201 date, and cost of the property, percentage of Federal participation in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. (2) A physical inventory of the property must be taken and the results reconciled with the property records at least once every two years. (3) A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft shall be investigated. (4) Adequate maintenance procedures must be developed to keep the property in good condition. (5) If the grantee or subgrantee is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. (e) Disposition. When original or replacement equipment acquired under a grant or subgrant is no longer needed for the original project or program or for other activities currently or previously supported by a Federal agency, disposition of the equipment will be made as follows: (1) Items of equipment with a current per-unit fair market value of less than $5,000 may be retained, sold or otherwise disposed of with no further obligation to the awarding agency. (2) Items of equipment with a current per unit fair market value in excess of $5,000 may be retained or sold and the awarding agency shall have a right to an amount calculated by multiplying the current market value or proceeds from sale by the awarding agency's share of the equipment. (3) In cases where a grantee or subgrantee fails to take appropriate disposition actions, the awarding agency may direct the grantee or subgrantee to take excess and disposition actions. (f) Federal equipment. In the event a grantee or subgrantee is provided federally -owned equipment: (1) Title will remain vested in the Federal Government. (2) Grantees or subgrantees will manage the equipment in accordance with Federal agency rules and procedures, and submit an annual inventory listing. (3) When the equipment is no longer needed, the grantee or subgrantee will request disposition instructions from the Federal agency. (g) Right to transfer title. The Federal awarding agency may reserve the right to transfer title to the Federal Government or a third part named by the awarding agency when such a third party is otherwise eligible under existing statutes. Such transfers shall be subject to the following standards: (1) The property shall be identified in the grant or otherwise made known to the grantee in writing. (2) The Federal awarding agency shall issue disposition instruction within 120 calendar days after the end of the Federal support of the project for which it was acquired. If the Federal awarding agency fails to issue disposition instructions within the 120 calendar -day period the grantee shall follow Sec. 18.32(e). (3) When title to equipment is transferred, the grantee shall be paid an amount calculated by applying the percentage of participation in the purchase to the current fair market value of the property. IV. Suspension and Debarment (a) Primary covered transactions. Except to the extent prohibited by law, persons who are debarred or suspended shall be excluded from primary covered transactions as either participants or principals throughout the Executive Branch of the Federal Government for the period of their debarment, suspension, or the period they are proposed for debarment under 48 CFR part 9, subpart 9.4. Accordingly, no agency shall enter into primary covered transactions with such excluded persons during such period, except as permitted pursuant to FS. 29.215. (b) Lower tier covered transactions. Except to the extent prohibited by law, persons who have been proposed for debarment under 48 CFR part 9, subpart 9.4, debarred or suspended shall be excluded from participating as either participants or principals in all lower tier covered transactions (see FS. 29.110(a)(1)(ii) for the period of their exclusion. (c) Exceptions. Debarment or suspension does not affect a person's eligibility for - BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 202 (1) Statutory entitlements or mandatory awards (but not subtier awards thereunder which are not themselves mandatory), including deposited funds insured by the Federal Government; (2) Direct awards to foreign governments or public international organizations, or transactions with foreign governmental entities, public international organizations, foreign government owned (in whole or in part) or controlled entities and entities consisting wholly or partially of foreign governments or foreign governmental entities; (3) Benefits to an individual as a personal entitlement without regard to the individual's present responsibility (but benefits received in an individual's business capacity are not excepted); (4) Federal employment; (5) Transactions pursuant to national or agency -recognized emergencies or disasters; (6) Incidental benefits derived from ordinary governmental operations; (7) other transactions where the application of these regulations would be prohibited by law. V. Hiring Preference No construction work shall be performed by convict labor at the work site or within the limits of any Federal -aid highway construction project from the time of award of the contract or the start of work on force account until final acceptance of the work by the STD unless it is labor performed by convicts who are on parole, supervised release, or probation. No procedures or requirement shall be imposed by any State which will operate to discriminate against the employment of labor from any other State, possession or territory of the United States, in the construction of a Federal -aid project. The selection of labor to be employed by the contractor on any Federal -aid project shall be by the contractor without regard to race, color, religion, sex, national origin, age, or handicap and in accordance with 23 CFR part 230, 41 CFR part 60 and Exec. Order No. 11246 (Sept. 24, 1965), 3 CFR 339 (1964-1965), as amended. Pursuant to 23 U.S.C. 140(d), it is permissible for STD's to implement procedures or requirements which will extend preferential employment to Indians living on or near a reservation on eligible projects as defined in paragraph (e) of this section. Indian preference shall be applied without regard to tribal affiliation or place of enrollment. In no instance should a contractor be compelled to layoff or terminate a permanent core -crew employee to meet a preference goal. (e) Projects eligible for Indian employment preference consideration are projects located on roads within or providing access to an Indian reservation or other Indian lands as defined under the term "Indian Reservation Roads" in 23 U.S.C. 101 and regulations issued thereunder. The terminus of a road "providing access to" is that point at which it intersects with a road functionally classified as a collector or higher classification (outside the reservation boundary) in both urban and rural areas. In the case of an Interstate highway, the terminus is the first interchange outside the reservation. The advertisement or call for bids on any contract for the construction of a project located on the Federal -aid system either shall include the minimum wage rates determined by the Secretary of Labor to be prevailing on the same type of work on similar construction in the immediate locality or shall provide that such rates are set out in the bidding documents and shall further specify that such rates are a part of the contract covering the project. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 203 VI. Lobbying Certification The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form— LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. VII. Acceptance or Rejection of Bids No public agency shall be permitted to bid in competition or to enter into subcontracts with private contractors. VIII. Owner Force Account/Cost Effective Justification Pursuant to authority in 23 U.S.C. 112(b), it is hereby determined that by reason of the inherent nature of the operations involved, it is cost effective to perform by force account the adjustment of railroad or utility facilities and similar types of facilities owned or operated by a public agency, a railroad, or a utility company provided that the organization is qualified to perform the work in a satisfactory manner. The installation of new facilities shall be undertaken by competitive bidding except as provided in §635.204(c). Adjustment of railroad facilities shall include minor work on the railroad's operating facilities routinely performed by the railroad with its own forces such as the installation of grade crossing warning devices, crossing surfaces, and minor track and signal work. Adjustment of utility facilities shall include minor work on the utility's existing facilities routinely performed by the utility with its own forces and includes minor installations of new facilities to provide power, minor lighting, telephone, water and similar utility service to a rest area, weigh -station, movable bridge, or other highway appurtenance, provided such installation cannot feasibly be done as incidental to a major installation project such as an extensive highway lighting system. IX. Publicly -owned Equipment Publicly owned equipment should not normally compete with privately owned equipment on a project to be let to contract. There may be exceptional cases, however, in which the use of equipment of the State or local public agency for highway construction purposes may be warranted or justified. A proposal by any STD for the use of publicly owned equipment on such a project must be supported by a showing that it would clearly be cost effective to do so under the conditions peculiar to the individual project or locality. Where publicly owned equipment is to be made available in connection with construction work to be let to contract, Federal funds may participate in the cost of such work provided the following BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 204 conditions are met: (1) The proposed use of such equipment is clearly set forth in the Plans, Specifications and Estimate (PS&E) submitted to the Division Administrator for approval. (2) The advertised specifications specify the items of publicly owned equipment available for use by the successful bidder, the rates to be charged, and the points of availability or delivery of the equipment; and (3) The advertised specifications include a notification that the successful bidder has the option either of renting part or all of such equipment from the State or local public agency or otherwise providing the equipment necessary for the performance of the contract work. In the rental of publicly owned equipment to contractors, the State or local public agency shall not profit at the expense of Federal funds. Unforeseeable conditions may make it necessary to provide publicly owned equipment to the contractor at rental rates agreed to between the contractor and the State or local public agency after the work has started. Any such arrangement shall not form the basis for any increase in the cost of the project on which Federal funds are to participate. When publicly owned equipment is used on projects constructed on a force account basis, costs may be determined by agreed unit prices or on an actual cost basis. When agreed unit prices are applied the equipment need not be itemized nor rental rates shown in the estimate. However, if such work is to be performed on an actual cost basis, the STD shall submit to the Division Administrator for approval the scheduie of rates proposed to be charged, exclusive of profit, for the publicly owned equipment made available for use. X. Salvage Credits Salvage credit to Federal -aid projects is governed by State procedures. If the State has procedures that do not require credit to the project, then credit to a Federal -aid project is also not required. However, if a State does not have procedures addressing salvage credit, then salvage credit is required unless one of the following circumstances are met: a. the salvaged item has a value less than $5,000, b. the salvaged item becomes the contractor's property by virtue of the contract provisions, or c. the salvaged item will be reused in future projects eligible under Title 23 U.S.C. until its useful life is expended. The disposition of salvaged items on demonstration projects for which project funds are designated by amount and location should be determined in consultation with the appropriate program office in Headquarters. When salvage is required, careful attention should be given to the contract provisions for salvage to ensure that the cost of the operation (i.e., removal or salvage), does not exceed the value of the item(s) to be salvaged. Items to be salvaged may be unused construction materials, salvaged highway appurtenances, or other equipment or material for which the useful life is greater than one year. XI. State Preference No requirement shall be imposed and no procedure shall be enforced by any State transportation department in connection with a project which may operate: BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 205 (a) To require the use of or provide a price differential in favor of articles or materials produced within the State, or otherwise to prohibit, restrict or discriminate against the use of articles or materials shipped from or prepared, made or produced in any State, territory or possession of the United States; or (b) To prohibit, restrict or otherwise discriminate against the use of articles or materials of foreign origin to any greater extent than is permissible under policies of the Department of Transportation as evidenced by requirements and procedures prescribed by the FHWA Administrator to carry out such policies. XII. Prevailing Wage Rate Ordinance- General Decision FL20030044 FL44 Date: June 13, 2003 (Superseded General Decision No. FL020044) State: Florida Construction Type: HIGHWAY County: DADE Occupation Rates Fringes BRICKLAYER/MASON 11.00 CARPENTERS 11.72 CONCRETE FINISHER 12.22 ELECTRICIAN 14.42 FENCE ERECTOR 12.00 FORM SETTER 10.52 GUARDRAIL ERECTOR 7.55 LABORERS: Asphalt Raker 8.23 Pipelayers 9.14 Unskilled 7.55 IRONWORKERS: Reinforcing 13.52 Structural 14.65 PAINTERS 11.62 POWER EQUIPMENT OPERATORS: Asphalt Distributor 8.67 Asphalt Paving Machine Operator 10.48 Asphalt Screed 9.22 Backhoe 11.27 Boom -Auger Operator 10.14 Bulldozer 10.40 Concrete Joint Saw 11.86 Concrete Curb Machine 10.93 Crane, Derrick, or Dragline 13.59 Earthmover 9.57 Forklift Op. 8.00 Front End Loader: 1 cu. yard and under 9.29 Over 1 cu. yard 9.68 Grademan 7.64 Gradall 10.50 Guardrail Post Driver Operator 10.75 Mechanic 12.00 Milling Machine 8.71 BID NO: 27-06/07 DATE: 01/25/07 CITY OF MIAMI BEACH 206 Milling Machine Grade Checker 7.78 Motor Grader 11.52 Mulching Machine 7.75 Oiler, Grease Man 12.21 Pavement Striping Machine 9.34 Pavement Striping Machine Nozzleman 7.91 Piledrivers: Leadsman 14.77 Operator 13.71 Power Subgade Mixer 8.50 Rollers: Finish 9.18 Rough 7.66 Self Prop. Rubber Tire 9.20 Scraper 7.55 Sign Erector 1.65 Small Tool Operator 8.05 Tractor, Light 7.83 Trenching Machine 8.19 Widening Spreader Machine 8.50 TRAFFIC CONTROL SPECIALIST 7.95 TRAFFIC SIGNALIZATION: Installer 8.61 Mechanic 11.47 TRUCK DRIVERS: Low -Boy 8.63 Single & Multi -Rear Axle 8.05 (a) WELDERS- Receive rate prescribed for craft performing operation to which welding is incidental. (b) Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)). (c) In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. XIII. FHWA-1273 I. GENERAL 1. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 207 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section I, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g. 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. 6. Selection of Labor: During the performance of this contract, the contractor shall not: a. discriminate against labor from any other State, possession, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. II. NONDISCRIMINATION (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) 7. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obligations and in their review of his/her activities under the contract. b. The contractor will accept as his operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, preapprenticeship, and/or on-the-job training." 8. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 9. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 208 reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 10. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. 11. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 209 12. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 13. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. 14. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 210 Contractors shall obtain lists of DBE construction firms from SHA personnel. c. The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations. 15. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the following: 1. The number of minority and non -minority group members and women employed in each work classification on the project; 2. The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; 3. The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and 4. The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women, and non - minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. III. NONSEGREGATED FACILITIES (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) p. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal -aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. q. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). r. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) 19. General: a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor CITY OF MIAMI BEACH BID NO: 27-06/07 DATE: 01/25/07 211 under the Copeland Act (40 U.S.C. 276c)] the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or Form FHWA-1495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. c. All rulings and interpretations of the Davis-Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract. 20. Classification: a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: 1. the work to be performed by the additional classification requested is not performed by a classification in the wage determination; 2. the additional classification is utilized in the area by the construction industry; 3. the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and 4. with respect to helpers, when such a classification prevails in the area in which the work is performed. c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the additional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. d. In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 212 benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary e. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. 21. Payment of Fringe Benefits: a. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 22. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: 1. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. 2. The allowable ratio of apprentices to journeyman-level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman-level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. 3. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 213 must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. 4. In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. b. Trainees: 1. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration. 2. The ratio of trainees to journeyman-level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. 3. Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman- level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. 4. In the event the Employment and Training Administration withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under a approved definition, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. 23. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal- aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 214 24. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally- assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 25. Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one-and-one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. 26. Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. 27. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. II. STATEMENTS AND PAYROLLS (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt.) 0. Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 1. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1(b)(2)(B) of BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 215 the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005-0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: 1. that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; 2. that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; 3. that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. e. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspection, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 216 be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. III. RECORD OF MATERIALS, SUPPLIES, AND LABOR 0. On all Federal-aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47. c. urnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph 1b relativFurnishaterials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 1. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. IV. SUBLETTING OR ASSIGNING THE CONTRACT 0. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635). a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. 1. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 2. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. 3. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. V. SAFETY: ACCIDENT PREVENTION 0. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 217 life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 1. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 2. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). VI. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined not more that $10,000 or imprisoned not more than 5 years or both." VII. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal-aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 0. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Pub.L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 1. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 2. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. 3. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 218 government may direct as a means of enforcing such requirements. VIII. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 0. Instructions for Certification - Primary Covered Transactions: (Applicable to all Federal -aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 219 Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Primary Covered Transactions 11. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3 -year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1 b of this certification; and d. Have not within a 3 -year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 12. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 1. Instructions for Certification - Lower Tier Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. a. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. b. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. c. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. d. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. e. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. f. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 220 not required to, check the Nonprocurement List. g. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. h. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transactions: 9. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 10. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ***** IX. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) 0. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. a. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 1. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 2. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. ATTACHMENT A - EMPLOYMENT PREFERENCE FOR APPALACHIAN CONTRACTS (Applicable to Appalachian contracts only.) 3. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: To the extent that qualified persons regularly residing in the area are not available. a. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. b. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph lc shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph 4 below. 4. The contractor shall place a job order with the State Employment Service indicating (a) the BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 221 classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which he estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, he shall promptly notify the State Employment Service. 5. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 6. If, within 1 week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph lc above. 7. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. XIV. Bid Opening and Tabulation All bids received in accordance with the terms of the advertisement shall be publicly opened and announced either item by item or by total amount. If any bid received is not read aloud, the name of the bidder and the reason for not reading the bid aloud shall be publicly announced at the letting. Negotiation with contractors, during the period following the opening of bids and before the award of the contract shall not be permitted. The local Agency shall forward Tabulations of bids certified by a responsible official to FDOT. The tabulation shall show: (1) Bid item details for at least the low three acceptable bids and (2) the total amounts of all other acceptable bids. XV. Bid Analysis and Award of contract (a) Federal -aid contracts shall be awarded only on the basis of the lowest responsive bid submitted by a bidder meeting the criteria of responsibility as may have been established by the SHA in accordance with Sec. 635.110. Award shall be within the time established by the SHA and subject to the prior concurrence of the Division Administrator. (b) The SHA shall formally request concurrence by the Division Administrator in the award of all Federal -aid contracts. Concurrence in award by the Division Administrator is a prerequisite to Federal participation in construction costs and is considered as authority to proceed with construction, unless specifically stated otherwise. Concurrence in award shall be formally approved and shall only be given after receipt and review of the tabulation of bids. (c) Following the opening of bids, the SHA shall examine the unit bid prices of the apparent low bid for reasonable conformance with the engineer's estimated prices. A bid with extreme variations from the engineer's estimate, or where obvious unbalancing of unit prices has occurred, shall be thoroughly evaluated. (d) Where obvious unbalanced bid items exist, the SHA's decision to award or reject a bid shall be supported by written justification. A bid found to be mathematically unbalanced, but not found to be materially unbalanced, may be awarded. (e) When a low bid is determined to be both mathematically and materially unbalanced, the Division Administrator will take appropriate steps to protect the Federal interest. This action may be concurrence in a SHA decision not to award the contract. If, however, the SHA decides to proceed with the award and requests FHWA concurrence, the Division Administrator's action may range from nonconcurrence to concurrence with contingency conditions limiting Federal participation. (f) If the SHA determines that the lowest bid is not responsive or the bidder is not responsible, it shall BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 222 so notify and obtain the Division Administrator's concurrence before making an award to the next lowest bidder. (g) If the SHA rejects or declines to read or consider a low bid on the grounds that it is not responsive because of noncompliance with a requirement which was not clearly identified in the bidding documents, it shall submit justification for its action. If such justification is not considered by the Division Administrator to be sufficient, concurrence will not be given to award to another bidder on the contract at the same letting. (h) Any proposal by the SHA to reject all bids received for a Federal -aid contract shall be submitted to the Division Administrator for concurrence, accompanied by adequate justification. (i) In the event the low bidder selected by the SHA for contract award forfeits the bid guarantee, the SHA may dispose of the amounts of such forfeited guarantees in accordance with its normal practices. (j) A copy of the executed contract between the SHA and the construction contractor should be furnished to the Division Administrator as soon as practicable after execution. The Local Agency shall award contracts solely on the basis of lowest responsive bid submitted by a bidder meeting the criteria of responsibility with the prior approval of FDOT. XVI. Disadvantaged Business Enterprise BID NO: 27-06/07 CITY OF MIAMI BEACH DATE: 01/25/07 223