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96-22041 RESORESOLUTION NO. 96-22041 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING, BY 5/7THS VOTE, COMPETITIVE BIDDING AND AUTHORIZING THE ADMINISTRATION TO ACCEPT A PROPOSAL FROM FREEDOM PIPELINE CORP., IN THE AMOUNT OF $247,750, FOR THE INSTALLATION OF SUBAQUEOUS WATER AND SEWER LINES TO LA GORCE ISLAND; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT, WHEN SO FINALIZED. WHEREAS, on October 27, 1995, the Florida Department of Transportation (FDOT) recommended that the City either close or drastically reduce the traffic flow across the La Gorce Island bridge, due to structural damage; and WHEREAS, the FDOT agreed to replace the bridge at no cost to the City, with the understanding that the City would be responsible for relocating its utility lines; and WHEREAS, on Wednesday, June 19, 1996, the FDOT informed the City that it must include as part of its work the construction of a portion of the bridge bulkhead sheeting at the location of the City utilities, similar to that which was planned by the FDOT; and WHEREAS, in order to eliminate a possible delay in the construction of the La Gorce Island bridge, it is recommended that the City enter into contract with the FDOT contractor, Freedom Pipeline Corp., to relocate the City's utilities and install the necessary sheet piling; and WHEREAS, the FDOT contractor, Freedom Pipeline Corp., has provided a quotation in the amount of $247,750 for all the work on the La Gorce Island bridge which is the responsibility of the City; and WHEREAS, the unit prices have been compared to the prices quoted through the formal bid process for similar work which is currently being conducted within the City, and the pricing appears to be very competitive; and WHEREAS, by awarding this contract to the FDOT contractor, Freedom Pipeline Corp., the City will realize substantial savings, in both time and cost. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows: 1) The Mayor and City Commission herein waive, by a 5/7ths vote, competitive bidding, upon the aforestated recommendation by the Administration that such waiver is in the best interest of the City. AWARD TO FREEDOM PIPELINE CORP Page Two July 3, 1996 2) The Administration is authorized to accept the attached proposal from Freedom Pipeline Corp., for the amount of $247,750, for the installation of subaqueous water and sewer lines to La Gorce Island. 3) The Mayor and City Clerk are herein authorized to execute an agreement when so finalized. PASSED and ADOPTED this ATTEST: R. L,....4. po,d, CITY CLERK 3rd day of July , 1996. y BDate C y2 -t MAYOR APPROVED Legal CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. 38E3 TO: Mayor Seymour Gelber and Members of the City Commission DATE: FROM: SUBJECT: Jose Garcia -Pedrosa City Manager Request for Autho ' ation to Waive the Formal Bid Process and Award a Contract to Freedom ipeline Corp. in the Amount of $247,750 for Subaqueous Utility Installation at the La Gorce Island Bridge APPROVED BY COMMISSION July 3, 1996 ADMINISTRATION RECOMMENDATION: To waive the formal bid process, in accordance with City Code 31A-10, Paragraph (e), and award the contract. CONTRACT AMOUNT AND FUNDING: $247,750. Funding is available from the Water and Sewer Enterprise Fund Capital Outlay Account. BACKGROUND: On October 27, 1995, the Florida Department of Transportation (FDOT).recommended that the City either close or drastically reduce the traffic load across the La Gorce Island bridge, due to structural damage On November 30, 1995, the City's Public Works Department complied with FDOT's recommendation by reducing the allowed load on the bridge by restricting traffic to one lane only, to be used both ways, one car at a time, and with a maximum load of 2.5 tons. FDOT agreed to replace the bridge at no cost to the City, with the understanding that the City would be responsible for relocating its utility lines. As part of the plans to construct the new La Gorce Island bridge, the City must relocate its 24" water main and 8" sanitary sewer force main off the existing bridge prior to FDOTs contractor beginning demolition work. On Wednesday, June 19, 1996, FDOT informed the City that it must include as part of its work the construction of a portion of the bridge bulkhead sheeting at the location of the City utilities, similar to that which was planned by the FDOT. In order to eliminate a possible delay in the construction of the La Gorce Island bridge, it is recommended that the City of Miami Beach enter into contract with the FDOT contractor, Freedom Pipeline Corp., to relocate the City's utilities and install the necessary sheet piling. AGENDA ITEM 0-1 F DATE AWARD TO FREEDOM PIPELINE CORP Page Two July 3, 1996 ANALYSIS: The FDOT contractor, Freedom Pipeline Corp., has provided a quotation in the amount of $247,750 for all the work on the La Gorce Island bridge which is the responsibility of the City. The unit prices have been compared to the prices quoted through the formal bid process for similar work which is currently being conducted within the City, and the pricing appears to be very competitive. The construction process for the utility relocation from the old bridge to the new bridge requires the double mobilization of heavy equipment, such as barges and cranes. It is estimated that the second mobilization would cost the City approximately $35,000. CONCLUSION: By awarding this contract to the FDOT contractor, Freedom Pipeline Corp., the City will realize substantial savings, in both time and cost. Therefore, the administration recommends that the Mayor and City Commission authorize the waiver of the formal bid process and approve this award. JGP:MDB:jf File Reference 124-95/96 127 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 August 13, 1996 Ms. Mary K. Martell FREEDOM PIPELINE CORP. 5380 S.W. 208 Lane Ft. Lauderdale, Fl. 33332 NOTICE TO PROCEED OFFICE OF THE PURCHASING AGENT 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 TELEPHONE: (305) 673-7490 SUNCOM: (305) 933-7490 FAX: (305) 673-7851 RE: FILE REFERENCE NO. 124-95/96, "INSTALLATION OF A 24" PERMANENT SUBAQUEOUS SANITARY SEWER FORCE MAIN, INCLUDING LAND PORTION AND A PERMANENT 8" FORCE MAIN ON THE LAGORCE ISLAND BRIDGE" Dear Ms. Martell: You are hereby notified to proceed with performance of the above referenced contract. Begin work with an adequate force and equipment within 30 calendar days from the date of this notice to proceed and to substantially complete all work awarded within not more than 90 calendar days from date of this notice to proceed in accordance with the terms and conditions of the contract. Sincerely, i JMF/al irector of Procurement ***************************************************************** START DATE: SEPTEMBER 12. 1996 CONTRACT COMPLETION DATE: NOVEMBER 12. 1996 CONTRACTOR HEREBY ACKNOWLEDGES RECEIPT OF THIS NOTICE TO PROCEED BY: TITLE: itJ , P' DATE: ✓V.rc L 2� i ci9 4- FILE REFERENCE NO. 124-95/96 PROPOSAL PAGE 1 OF 5 FREEDOM PIPELINE CORP. 5380 S.W. 208TH LANE, FT. LAUDERDALE, FL. 33332 (FOR) Constructing the improvements designated and described in the attached Notice to Contractors, and which said Improvements are designated "INSTALLATION OF A 24" PERMANENT SUBAQUEOUS SANITARY SEWER FORCE MAIN, INCLUDING LAND PORTION AND A PERMANENT 8" FORCE MAIN ON THE LAGORCE ISLAND BRIDGE" and more particularly set forth herein. SUBMITTED 19 TO MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA: We the undersigned, hereby declare that no person or persons, firm or corporation other than the undersigned, are interested in this Proposal, as principals, and that this Proposal is made without collusion with any person, firm or corporation, and we have carefully and to our full satisfaction examined the attached Notice to Contractors, General Provisions, Specifications for Materials and Construction Methods, Supplementary Conditions, and form of Contract and Bond, together with the accompanying Plans, and that we have made a full examination of the location of the proposed Work and the sources of supply and materials, and we hereby agree to furnish all implements, machinery, equipment, transportation, tools, materials, supplies, labor, and other things necessary to the prosecution and completion of the work, fully understanding that the quantities shown in the Notice to Contractors and Proposal are approximate only, and that we will fully complete all necessary work in accordance with the Plans and the attached Specifications, and the requirements under them of the Engineer within the time limit specified in this Proposal for the following unit prices to -wit: F.R. NO: 124-95/96 DATE: 7/3/96 CITY OF MIAMI BEACH I'RODUCER INSURED l✓:l 1 ,;1;:; 1': ICAT 1:: 1';;: r: ?J.4!:R N4: Collinsworth, Alter, Nielson, Fowler & Dowling, Inc. Post Office Box 9315 Miami Lakes, FL 33014-9315 Freedom Pipeline Corp. Ms. Kathy Martell 5380 SW 208th Lane Ft. Lauderdale FL 33332 ISSUE DATE (MM/DD/YY) n THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON TIIE CERTIFICATE IIOLDER. TIIIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER TILE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANY LETTER COMPANY LETTER COMPANY LETTER COMPANY LETTER COMPANY LETTER 7/22/96 COMPANIES AFFORDING COVERAGE A Northern Insurance Co B Maryland Casualty Co. C Associated Business & Commerce D E THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO .TR TYPE OF INSURANCE A GENERAL LIABILITY x - COMM. GENERAL LIABILITY CLAIMS MADE X OCC. OWNER'S & CONTRACT'S PROT B AUTOMOBILE LIABILITY x ANY AUTO ALL OWNED AUTOS - SCHEDULED AUTOS x - HIRED AUTOS x NON -OWNED AUTOS GARAGE LIABILITY C EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY OTHER POLICY NUMBER EPA19414852 ECA19414649 POLICY EFF. DATE (MM/DD/YY) POLICY EXP. DATE (MM/DD/YY) 3/02/96 3/02/97 3/02/96 3/02/97 644 1/01/96 12/31 /96 DESCRIPTION OF OPERATIONS/LOCATIONS/VEIHCLES/SPECIAL ITEMS Ref:124-95/96 Installation of 24" Permanent Subaqueous Sanitary Force Main Incl Land Portion & a Permanent 8" Force Main on LaGorce Island Bridge. Certificate Holder named Additional Insured on all coverages except Workers Comp; Cos to give 30 day written cancellation notice. CERT EICATE: OLD IF H )L ER':>>:': City of Miami Beach Office Of The Purchasing Agent 1700 Convention Center Drive Miami Beach, FL 33139 LIMITS GENERAL AGGREGATE PROD-COMP/OP AGG. PERS. & ADV. INJURY EACH OCCURRENCE FIRE DAMAGE(One Fire) MED. EXP. (One Per) COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE EACH OCCURRENCE AGGREGATE ISTATUTORY LIMITS EACH ACCIDENT 100000 DISEASE -POLICY LIMIT 500000 DISEASE -EACH EMP. 1 00000 2000000 2000000 1000000 1000000 50000 5000 1000000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED RJt7yLESENTATIVE �/ n FILE REFERENCE NO. 124-95/96 PROPOSAL PAGE 2 OF 5 "Installation of a 24" permanent subaqueous water main, a temporary 8" subaqueous sanitary sewer force main. including land portion and a permanent 8" force main on the Lagorce Island Bridge." PROPOSAL This proposal shall Include total cost for the installation of a 24" subaqueous water main, and a 8" subaqueous sanitary sewer force main, including the land portion for a 24" water and 8" force main as shown on the plans. Also included is a permanent sanitary sewer force main on the bridge to be installed after the completion of the new bridge. The City of Miami Beach will provide all pipe materials and frttings. The contractor shall be responsible for the installation of all piping in accordance with the permits, manufacturer's recommendations, project plans and specificationS. The work includes construction of valve chamber, installation of hatch cover, valves and fittings. The work shall consist of two (2) phases, phase I consists of installation of a 24" subaqueous permanent water main and a 8" subaqueous temporary force main including land portion piping for a 24" wrree main and a 8" force mein, cathodic protection, restoration of seawall and float marker buoys complete in place prior to the demolition of the existing bridge. Phase II will commence upon completion of the proposed bridge and will consist of Installation of a 6" permanent force main on the bridge. The work includes all piping, valves and fitting inside the valve chamber. The work will also include restraining, pressure testing, chlorinating, flushing and approval of bacteriological samples by the Department of Health and Rehabilitative Services (H.R.S). The work has to be coordinated with the Florida Deparimont of Transportation (F.D.O.T.) contractor(s). AJI costs include mobilization for phases 1 and 11 to complete the project in accordance with the plans and specifications. F.R. NO: 124-95/96 CITY OF MIAMI BEACH DATE: 7/3/96 FILE REFERENCE NO. 124-95/96 PROPOSAL PAGE 3 OF 5 jE; CRIPTIOi Installation of approximately 160 linear ft. of 24" ductile iron pipe subaqueous including risers, cathodic protection, restraining, testing, chlorinarion, turbidity barriers and temporary sheeting as necessary complete in place. (All land installation to be completed within phase I. The Pipe and fittings to be supplied by the City). 2. Installation of approximately 160 linear ft. of 8" ductile iron pipe subaqueous including risers, cathodic protection, restraining, testing, turbidity barriers and temporary sheeting as necessary complete in place. (All land installation is to be completed within phase I. Pipe and fittings to be supplied by the City). UMT PRICE TOTAL Installation of approximately 280 linear ft. of 24" ductile iron pipe land portion Including fittings, restraining testing, chlorination, restoration, and temporary sheeting as necessary complete in place. (To be completed within Phase I, pipe, fittings & air fp© release valves to be supplied by the City). $ 4. Installation of Approximately 50 linear ft. of 8" ductile iron pipe land portion including fittings, restraining, restoration and temporary sheeting complete in place. (To be completed within Phase I, pipe, fittings & air release valves to be supplied by the City). S x©d 5. Providing and construction of concrete valve chamber, including hatch cover model TPD 300-48 X 72 (aluminum w/stainless steel compression springs and torsion bars as manufactured by U.S. Foundry or approved equal), valves, and fittings complete in place. (To be completed in phase 1) $ 'QC t4 F.R. NO: 124-95/96 CITY OF MIAMI BEACH DATE: 7/3/96 $ 3a/ ovc> $ $ `ODOt,� FILE REFERENCE NO. 124-95/96 PROPOSAL PAGE 4 OF 5 6. Support and protect during construction two (2) FP&L electrical manholes (one located on the North side and the other located on the South side of the bridge. d ap To be coordinated with FP&L). • $ $ *vac — Removal & disposal of existing concrete transformer vault, (approximate size of vault: 16' X 12' X 8') and backfill the area with suitable compacted fill material. S idr ddv'" $ ac C7 Installation of approximately 135 L.F. of 8" ductile iron pipe underneath the new bridge deck. (Includes capping of temporary subaqueous force main, Installation of hangers, testing, and restraining where required complete in place. To begin in Phase II upon completion of the new bridge. All material to be supplied by the City). $ 64 $ th 7-4 9. Installation of eight (8) concrete ahcct piling per F.D.O.T. specifications. (Four sheets on Northwest side & four (4) sheets on the Southwest side of the bridge. Provide cores for pipc installation, sealing and grouting around the pipes. Approximate size of sheet piling: 2.5' wide X 27' deep). Lump Surn F.R. NO: 124-95/96 CITY OF MIAMI BEACH DATE: 7/3/96 FILE REFERENCE NO. 124-95/96 PROPOSAL PAGE 5 OF 5 10. Allowance for unseen condition Total Bid Amount Additional alternative: 11. Remove and dispose of two (2) electrical manholes in lieu of item #6 and fill the void' with suitable compacted material. Lump Sum sawn $22.,00 $ 247, 7.0 ' S.4,aaa-- Total Bid Amount Including Alternative 11, S 14 7 70 and Excluding Item #6 F.R. NO: 124-95/96 CITY OF MIAMI BEACH DATE: 7/3/96 CONTRACTOR'S OUESTIONNAIRE NOTE: Information supplied in response to this questionnaire is subject to verification. Inaccurate or incomplete answers may be grounds for disqualification from award of this bid. Submitted to e Mayor and City C miss)on of the,ityy oiy,Miami Beach, Florida: By ,Ke e -' e/7 A -e (!m Principal Office 53e0 cce--c 9"v, A -o- -e- /=:::/,.."-x-4.6.3..?-?.._ How many years has your organization been in business as a General Contractor under your present business name? /0 Does your organization have current occu ational licenses entitling it to do the work contemplated in this Contract? y e) State of Florida occupational license - state type and number: C GG 657 S ,c/y Dade County certificate of competency - state type and number: C49 (e.►- eC G &P City of Miami Beach occupational license - state type and number: Include copies of above licenses and certificates with proposal. How many years experience in similar work has your organization had? (A) As a General Contractor 34 ' 5 (B) As a Sub -Contractor 3d (C) What contracts has your organization completed? Contract Amt Class of Work When Completed Name/Address of Owner c c Have you ever had a contract terminated (as prime contractor or sub -contractor, under existing company name or another company name) due to failure to comply with contractual specifications? .c) 0 If so, where and why? F.R. NO: 124-95/96 CITY OF MIAMI BEACH DATE: 7/3/96 Has any officer or partner of your organization ever failed to complete a construction contract handled in his own name? `%v If so, state name of individual, name of owner, and reason thereof In what other lines of business are you financially interested or engaged? Give references as to experience, ability, ar4 financial standing irt://D f� /t/cAt r C `t•�-rrt,c. What equipment do you own that is available for the proposed work and where located? 5 cE e�,'c� Financial Statement — What Bank or Banks have you arranged to do business with during the course of the Contract should it/:,e a,rard�Gd to jou? aa . //Clesit _ eeon I HEREBY CERTIFY that the above answers are true and correct. F.R. NO: 124-95/96 DATE: 7/3/96 CITY OF MIAMI BEACH (SEAL) (SEAL) SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted o / �/1//aL/1 i e14.-e---L-- by 14-C --L-- by i'`' /�...v sr G%/ / i .Pi %(print i ' c ividual's name and ) for /.// e e �/.% /i�e /c ( ri" (print name of entity submittii sworn statement) '']�9 / _ whose businessbufaddr ss is 5/3 COd � • /2v /�-7 /--7 /faa.�deoi-A../ ( vg 3 33 --- ../ and (if applicable) its Federal Employer Identification Number (FEIN) is,5".'/ %//� (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: .) 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. F.R. NO: 124-95/96 CITY OF MIAMI BEACH DATE: 7/3/96 6. Based on information and belief, the statement which I have marked is true in relation to the entity submitting this sworn statement. (indicate which statement applies.) f Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. STATE OF gj /..t COUNTY OF `�../✓0KJco-4--K Aei/(W ure) (date)/.9‘ PERSONALLY APPEARED BEFORE ME, the undersigned authority, .CG /t/% ./Z/kQ.--/e d . whotej first bein sworn by me, affixed his/her signature in the space provided above on is 7 2— day of J✓ 1^j 19 C . . /..'"' ....'..". NOTARY PUBLIC My Commission Expires: FORM PUR 7068 (Rev. 06/05/91) F.R. NO: 124-95/96 CITY OF MIAMI BEACH DATE: 7/3/96 CONTRACT THIS AGREEMENT made this ay of 19 9 , A.D. between the CITY OF MIAMI BEACH, a Florida municipal corporation, hereinafter called the City, which term shall include its successors and assigns, party of the one part, and FREEDOM PIPELINE CORP. 5380 S.W. 208TH LANE FORT LAUDERDALE, FL. 33332 hereinafter called the Contractor, which term shall include its heirs, successors and assigns, party of the other part. WITNESSETH that the said Contractor for the consideration and compensation herein agreed to be paid and the said City in consideration of the construction of improvements to be done by said Contractor and designated "INSTALLATION OF A 24" PERMANENT SUBAQUEOUS SANITARY SEWER FORCE MAIN, INCLUDING LAND PORTION AND A PERMANENT 8" FORCE MAIN ON THE LAGORCE ISLAND BRIDGE" by said City, do hereby mutually agree as follows: 1. This agreement shall extend to and be obligatory upon said City, its successors and assigns, and upon said Contractor and it's heirs, successors and assigns. Neither this agreement nor any part thereof nor any part of the Work herein contemplated, shall be assigned or sublet, nor shall any sums of money provided to be paid to said Contractor be assigned by said Contractor to anyone without the consent of the City Commission of said City evidenced by its resolution. 2. The foregoing pages of this booklet, including the Notice to Contractors, the Proposal, and the Contract Documents and such alterations as may be made in said Plans and Specifications as therein provided for, are hereby referred to and made a part of this Agreement and the terms and conditions set forth therein, except when in direct conflict with this written Contract, are as much a part hereof as if copied herein. If conflicts exist between them and this written instrument, only that part of the matter in direct conflict herewith shall not be construed to be a part hereof. 3. The Contractor shall commence work within 30 calendar days and shall construct and complete in a good and workmanlike manner the materials hereinbefore referred to, strictly in accord herewith within %) calendar days. 4. In such construction said Contractor shall furnish all implements, machinery, equipment, transportation, tools, materials, supplies labor, and other things necessary to the execution and completion of the Work, nothing being required of the City except that it may, at its expense, supervise such construction and enter upon and inspect the same at all reasonable times. F.R. NO: 124-95/96 CITY OF MIAMI BEACH DATE: 7/3/96 5. If any dispute arises between the City and said Contractor with reference to the meaning or requirements of any part of this Contract and they cannot agree, the more stringent requirements shall govern as determined by the City. 6. If the Contractor shall complete the construction herein contemplated in a good and workmanlike manner within the time herein specified and in accord herewith, the said City shall pay to the Contractor the contract sum in accordance with the Conditions of the Contract. The City, by allowing Contractor to continue with said construction after the time for its completion hereinbefore stated shall not deprive City of the right to exercise any option in this Agreement contained nor shall it operate to alter any other term of this Agreement. 7. The Contractor shall file with the Purchasing Agent of said City of Miami Beach a Performance and Labor and Material Payment Bond, each in the amount of 100 percent of Contract Amount, in the form as set forth herein or as otherwise approved by the City of Miami Beach City Attorney and shall be executed by said Contractor and Surety Agent authorized to do business in the State of Florida. 8. The Contractor shall file Insurance Certificates, as required, and they must be signed by a Registered Insurance Agent licensed in the State of Florida and approved by the City of Miami Beach Risk Manager. 9. All documents shall be executed satisfactorily to said City and until Bonds and Insurance Certificates have been filed and approved, this Contract Agreement shall not be effective. Time is of the essence in this agreement. IN WITNESS WHEREOF the said City has caused this Agreement to be signed by the Mayor of the City of Miami Beach, Florida and its corporate seal to be affixed, attested by the City Clerk of the City of Miami Beach and the said Contractor has caused this Agreement to be signed it its name. £./4dL' C�'7AL CITY OF MIAMI BEACH Contractor By (AuthorizefCorporat4 Officer) v Mayor Title ATTEST: City Clerk F.R. NO: 124-95/96 CITY OF MIAMI BEACH DATE: 7/3/96 By Date CAL D PT. PERFORMANCE BOND Bond No. U2635064 (This bond meets and exceeds the requirements of Florida Statutes Section 255.05) STATE OF FLORIDA ) ss COUNTY OF Brow)ird KNOW ALL MEN BY THESE PRESENTS that we,FREEDOM PIPELINE CORP. as Principal, hereinafter called Contractor, and United Pacific Insurance Company as Surety, are firmly bound unto the City of Miami Beach, Florida, as Obligee, hereinafter called the City, in the Penal sum ofThousandrsevenrHundrednFifty and No/ 100Dollars ($ 247,750.00 ), for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor, on the day of , 19 , entered into a certain contract with the City, hereto attached, for FILE REFERENCE NO. 124-95/96, Entitled "INSTALLATION OF A 24" PERMANENT SUBAQUEOUS SANITARY SEWER FORCE MAIN, INCLUDING LAND PORTION AND A PERMANENT 8" FORCE MAIN ON THE LAGORCE ISLAND BRIDGE" which Contract is made a part hereof by reference thereto. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of said Contract, and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, then this obligation shall be void; otherwise to remain in full force and effect. WHENEVER the Principal shall be and is declared by the City to be in default under the Contract, or whenever the Contract has been terminated by default of the Contractor, the City having performed the City's obligations thereunder, the Surety shall: 1. Complete the Contract in accordance with its terms and conditions, or at the City's sole option. 2. Obtain a Bid or Bids for submission to the City for completing the Contract in accordance with its terms and conditions, and upon determination by the City and the Surety of the lowest responsible Bidder, arrange for a Contract between such Bidder and the City, and make available as Work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract price; but 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 the City to the Contractor under the Contract and any amendments thereto, less the amount properly paid by the City to the contractor. F.R. NO: 124-95/96 CITY OF MIAMI BEACH DATE: 7/3/96 No right of action shall accrue on this Bond to or for the use of any person or corporation other than the City named herein or the successors or assignees thereof. The Surety shall and does hereby agree to indemnify the City and hold it harmless of, from and against any and all liability, loss, cost, damage or expense, including reasonable attorneys fees, engineering and architectural fees or other professional services which the City may incur or which may accrue or be imposed upon it by reason of any negligence, default, act and/or omission on the part of the Contractor, any Subcontractor and Contractor's or Subcontractors agents, servants and/or employees, in, about or on account of the Construction of the work and performance of said Contract by the Contractor. This Bond shall remain in full force and effect for such period or periods of time after the date of acceptance of the project by the City as are provided for in the Contract Documents, and the Contractor hereby guarantees to repair or replace for the said periods all work performed and materials and equipment furnished, which were not performed or furnished according to the terms of the Contract Documents. If no specific periods of warranty are stated in the Contract Documents for any particular item of work, material or equipment, the Contractor hereby guarantees the same for a minimum period of one (1) year from the date of final acceptance by the City of the entire project. Any suit on this bond must be instituted within such period or periods as may be provided by law. F.R. NO: 124-95/96 CITY OF MIAMI BEACH DATE: 7/3/96 IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their appropriate officials of the day of , 19 WITNESS: COUNTERSIGNED BY REST ENT FLORIDA AGE OF SURETY: (Copy of Agent's current License as issued by State of Florida Insurance Commissioner Warren M. Alter F.R. NO: 124-95/96 DATE: 7/3/96 By: PRINCIPAL: (If sole Proprietor or partnership) (Firm Name) BY Title: (Sole Proprietor or Partner) PRINCIPAL (If Corporation) Freedom Pipeline Corp. (Corporate Name) BY t Attest: (Secretary) (CORPORATE SEAL) SURETY: United Pacific Insurance Company Attorney-in-fact Warren M. Alter (Power of Attorney must be attached) CITY OF MIAMI BEACH CERTIFICATES AS TO CORPORATE PRINCIPAL I, %W —5cieZtascertify that I am the Secretary of the Corporation named as Principal in the aforegoing bond; thatidA;(4l /' /j%,� e ---who signed the said bond on behalf of the Principal, was then of said Corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary STATE OF FLORIDA ) ss COUNTY OF Brow)ard Corporate Seal Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared Warren M. Alter to me well known, who being by me first duly sworn upon oath, says United Pacific that he is the Attorney -in -Fact, for the Insurance Company and that he has been authorized by them to execute the foregoing bond on behalf of the Contractor named therein in favor of the City of Miami Beach, Florida. Subscribed and sworn before me this day of , 19 A.D. (Attach Power of Attorney) No Public State of Florida -at -Large My Commission Expires: r NOTARY PUBLIC. STATE OF FLORIDA LAURA LEE LCCCN COMMSSION NO: CC 499751 MY COMMISSION EXPIRES OCTOBER 5, 1999 F.R. NO: 124-95/96 CITY OF MIAMI BEACH DATE: 7/3/96 WARREN MITCHELL ALTER 265-98-5997 Life,Variable Arruity & Health Life & Health Gen. Lines (Prqp. & Cas. Irs.) 74143'6921 L, RELIANCE SURETY COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Del- aware, and that RELIANCE INSURANCE COMPANY end UNITED PACIFIC INSURANCE COMPANY. are corporations duly organized under the laws of the Commonwealth of Pennsylvania end that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the Companies") end that the Companies by virtue of signature and seals do hereby maks, constitute and appoint Chariss J. Niaiaon. Charles D. Nielson. Mary C. Acsyss, Warren M. Aher, Laura Lae Ligon., of Miami Lakes. Florida their true end lawful Attorney(s)-in-Fact, to make, execute, seal end deliver for and on their behalf, and as their act end deed any and all bonds and undertakings of suretyship end to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings end other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers. and hereby ratifies and confines all that their said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect. reeding as follows: ARTICLE VII - EXECUTION OF BONDS ANO UNDERTAKINGS 1. The Bard of Directors. the Pnsdon. the Chroman d the Herd. any Sew Ys Prerdere. any Vis Premodern sr Ammon Vis Premiere or other officer dominated by the Beard of - - Directs". shall here pews. and anhsrtty to 1d eepeea Anemeys4.w►Fect and to awhente them to eaocute on belted of the Crrer,y, betide and wdene unie, recegnsr.es, contracts el indemnity and sew wmir lle Obligatory In the nature thereof. aryl Ibl to mincer arty such Attar eyt.I.b►F.ct et any tone and revoke the pew.. end authwtty gran to Item - 2. Anemeylsl-inrF.ct sell hew pews mid etNwnty, *Mimi to tha terms Ord li nnatierr of the Power of Attorney trued to them. to ...cute delve en behalf of 1te Company. bode and hadanakinge. recogr tentxe, connects of indemnity ity od seer writings obligatory in the runs, themed. The commit* sed - nes neoesry lar the validity of any bonds and tamertaikinlje. recagntwanee, contract. of Indemnity rd ether writings oMigatery in the nature thereat. 3. Ano.n.yl.l.ir►Faet shall have ',ewer and awhotry to ...cute dlidaats required to be attaded to bends. neegrmane... connects of .dr,...y or other condition* or eblpwery vdortakiree rd they .heli alae hay. ',ewer and authority to cony the linenaal etatemrn el the Common, and to came el the flylawa el the Company a any arid. a *mum thereof. M. Power el Attorney w signed end mimed by femme. under rd by wtherny el the followep resolution Maned by ter Exachn.vs rd Fwtr.s Canw,nnw .4 the Benda of Oi..ct.n .l Kaftans !numerics Cenmany. United Pantie Inatome* Cemerny and Reliance Natnonel Idern,.ry Crner,y by Unanimous Cement dated r el February -a B. te94 and by the Execs -noire and Financial Committee of the Sorry of Dimmers of Reliance Surety Cen,trry by Unrrma.r Consent dated on of March 31. 1094. 'Rmielysd that the rgneturmi of such directors and officers and the eel of the Camomy may be affixed to any .hch Pews. of Ammon, or any certificates relating throat. by Iwrnd..end any such Pew.. of Attorney o certificate b..nnq such lar wmie s.onaturmi et facsimile mai .hall be veld rd binding two. the Camoany end any such Power m ..seated and certified by leered. morimunie rat Iao.ri,te miel abed be valid and brooms upon the Company. in the future wnh respect to env bed eat urdonolting to which It el attached." IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed. this March 19. 1998. STATE OF Pennsylvania COUNTY OF Philadelphia RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY On this, March 19, 1998, before me, Tammy Sus Keyed, personally appeared David T. Akers, who acknowledged himself to be the Senior Vice President of the Reliance Surety Company, end the Vice President of Reliance Insurance Company, United Pacific Insurance Company, and Reliance National Indemnity Company end that es such. being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself es its duly authorized officer. In witness whereof, I hereunto set my hand and official seal. NOTARAL SEAL TAMMY SUE KAYATI. Notary Publia City of Philadelphia, Phila. County My Commission Evnires Juiv 20. 1998 Notary Public in and for the State of Pdn, sytvania Residing at PhilaIphia I. Anita Zippert, Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above end foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this y of 19 7//) .- y, „Le . t!-, 0 vi4 Secretary BY THIS BOND, We, LABOR AND MATERIAL PAYMENT BOND (SECTION 255.05, FLA. STAT.) FREEDOM PIPELINE CORP. Bond No. U2635064 as Principal, and United Pacific Insurance Company as corporation, as Surety, are bound to the City of Miami Beach, Florida, as obligee, herein called City, in the sum of $ 247,750.00 for the payment of which we bind ourselves, our heirs, personal representatives, successors and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payments to all claimants, as defined in Section 255.05 (1), Fla. Stat., supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and Pays City all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that the City sustains in enforcement of this bond. Performs the guarantee of all labor and materials furnished under the contract for the time specified in the contract, then this bond is void, otherwise it remains in full force. 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. The provisions of Section 255.05, Fla. Stat., are specifically adopted by reference and made a part hereof for the purposes specified therein. The contract dated between the City and Principal is made a part of this Bond by reference. Claimants are advised that Section 255.05, Fla. Stat., contains notice and time limitation provisions which must be strictly complied with. F.R. NO: 124-95/96 CITY OF MIAMI BEACH DATE: 7/3/96 IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their appropriate officials of the day of , 19 WITNESS: COUNTERSIGNED BY RESID NT FLORIDA AGENT F SURETY: (Copy of Agent's current License as issued by State of Florida Insurance Commissioner Warren M. Alter F.R. NO: 124-95/96 DATE: 7/3/96 By: PRINCIPAL: (If sole Proprietor or partnership) (Firm Name) BY Title: (Sole Proprietor or Partner) PRINCIPAL (If Corporation) Freedom Pipeline Corp. (Corporate Name) BY (Secretary) Attest: (CORPORATE SEAL) SURETY: UnitPacific Insurance Company _...) Attorney-in-fact Warren M. Alter (Power of Attorney must be attached) CITY OF MIAMI BEACH I, dot. Sd CERTIFICATES AS TO CORPORATE PRINCIPAL , certify that I am the Secretary of the Corporation named as Principal in the aforegoing bond; that Principal, was then ho signed the said bond on behalf of the of said Corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing bod Secretary Corporate Seal STATE OF FLORIDA ) ss COUNTY OF Bro*ard Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared Warren M. Alter to me well known, who being by me first duly sworn upon oath, says United Pacific that he is the Attorney in Fact, for the Insurance Company and that he has been authorized by them to execute the foregoing bond on behalf of the Contractor named therein in favor of the City of Miami Beach, Florida. Subscribed and sworn before me this day of , 19 A.D. (Attach Power of Attorney) tary Public State of Florida -at -Large My commission Expires: F.R. NO: 124-95/96 CITY OF MIAMI BEACH DATE: 7/3/96 w.•n+,n�` NOTARY PUBLIC. STATE DE- 1 LO#:7l ' u,+ LAURA LEE LI^`;4 COMMISSION N0: CC 499751 MY COMMISSION EXP►RES OCTOBER 5„ 999 j ti.M..N '774062 41 tisRREN MITDELL ALTER 265-C8-5997 7:LLTRING a.15277.3 Life,Varithle Arruity & Health Life & Heeith Gen. Liras (Prcp. & Cas. Irs.) RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY .UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE. PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. that REUANCE SURETY COMPANY is a corporation duly organized under the laws of the State of 0.1 - aware, and that RELIANCE INSURANCE COMPANY end UNITED PACIFIC INSURANCE COMPANY. are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that REUANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called 'the Companies') and that the Campania* by virtue of signature and seals do hereby make. constitute and appoint Chaffee J. Nielson. Cherie. D. Nielson. Mary C. Acaves, Warren M. After, Laura Lee Ligon.. of Miami Lakes. Florida their true end lawful Attorneylei-in-Fact. to make, execute, seal and deliver for and on their beheif, end as their act and deed any and all bonds and undertakings of suretyship end to bind the Companies thereby es fully and to the same extent as if such bonds and undertakings end other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies end sealed and attested by one other of such officers, end hereby ratifies and confirms all that their said Attomeyfshin-Fect may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY. REUANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, end RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect. reading as follows: ARTICLE VII - EXECUTION OP BONDS AND UNDERTAKING* 1. TMs Bard .l Oh .... de Pom ore. the Cl.rnnrn d the Bard. wry Serer Yee Frasers, any WOO Prlolrw ee A■wn■nt Ns P.■rdrh 0 atter Wiser degn.M by tan erne el --- . O'w.C1.e •I`.111".011.1.“ rd ofthl oo 1e 1N .woes' AnerseylaFw.Fect rd to rxhre■ mem to mauve en b.nw0 al the Cameaw. beads and .+.eanatirmo. n.Ceor.aanoOrr. eeennaete el indention( and etrer wnekge ablgatory In the moire thereof. rd mI to ..mese Any sudi AnenryMFh.Fact at UW torn and rooks the Dewey one aua+enre Q7••.1to efatn. 2. Artemevis/ itsFe t Mall helot power rd ater+.••ty. rdiaoc to the caner end lanrtwerr of ate Power el Atteney loured to neon. 1e.■route dobe.e an behalf of the Campania. bards rad tafdertakpUere. . . contrast* 04 hd.r.ety and Oar *mane* .Olpnery in ttw MMI* eetsof, The estuarine Oval A fMet neaoery 0(0 ate yeWny id err' berms and undertakings, recommences. errmaets e( Indemnity and ether wettings ealipnery in the nature ttao.e4. 7. Artarryl.l+..Fset WWI nese peon' me onlhp.(y Is ..acute dIIdrwta fepursd 111 be enaere01 to 1.0(040. . . Ceratfaets el .drr.+rr of etre. esrditlenr a0( eblianery unf.tsrrtp end they snail ade n... pews' and aetd.snty is end. the Frenal a n.nr. al the Canter.. end to eoe.aa d ate By-laws of tee Cwne.n• or any rude se wepan Helsel. The Pewee of Attorney is atoned rd sewed by faeo.mde wider end by OutMrny of the fellawwe ,ealutaen .00000d by ted Eaetutnee and Femme Comenaw of the B..ds OI Dims -tent of Rel:enes Wenn.,ea Company. Untn Pacific Inavane Camprey ane R.MSM. Natra.W 1rd.mrety Company by Unrrmeu Cement dated e• .l F-.e.wry .5. 1554 end by the Executive and Snreeei Committee el ate Bard of OPesten' at RP:ems Sanity Company by Unrr anus Cement dated ea al Mayen 21, 15114. 'R-04 .d Wet the aagnananay of pee, deadera and Where slot Me oda al the Cannons me. be .*flow is any wen Pewee el Answer, ea ern e0nlle.Ew fwat.p the,.te try lesa,nda.ard try .ue1r Pew.. el Asan, w soolitno barred mesh feow,..ia eso sense ea fao♦Mae email .fell be Ved red Maned Loan me Camaariv eM any weft Pews' w ueMed and 000(09.0 by laowroh eaonnrave end laeande Beal "had be telid eM Orono tone the Camels.. in dm lutes senh rrwaet to en teed 0(r vrfanolurp to when it d emend.' IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this March 19. 1996. STATE OF Pennsylvania COUNTY OF Philadelphia On this, March 19, 1996, before me, Tammy Sue Keyed. personally appeared David T. Akers, who acknowledged himself to be the Senior Vice President of the Reliance Surety Company, and the Vice President of Reliance Insurance Compenv. United Pacific Insurance Company. end Relianae National Indemnity Company and that as such. being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as its duly authorized officer. In witness whereof. I hereunto set my hand and official seal. NOTAFIAL SEAL TAMMY SUE KAYATf. Notary Public City of Philadelphia. Phila. County/ My COrlmtssion Emires July 20. 1998 RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY CE NATIONAL INDEMNITY COMPANY kat.tzut: Notary Public in/arid for the State of Pennsylvania Residing at Philiiiel4Iphie I. Anil. Ziopert, Secretary of REUANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and REUANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true end correct copy of the Power of Attorney executed by said Companies, which is still in lull force end affect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this/Q} 0( y of 19 ({l tzi ,t' / r /1 P Secretary INSURANCE REOUIREMENTS See Insurance Check List for applicability to this contract. a. The contractor shall be responsible for his work and every part thereof, and for all materials, tools, appliances and property of every description, used in connection with this particular project. He shall specifically and distinctly assume, and does so assume, all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the contract or in connection with the work. It is understood and agreed that at all times the contractor is acting as an independent contractor. b. The contractor, at all times during the full duration of work under this contract, including extra work in connection with this project shall meet the following requirements: i. Maintain Worker's Compensation and Employer's Liability Insurance to meet the statutory requirements of the State of Florida. ii. Maintain Comprehensive General Liability Insurance in amounts prescribed by the City (see checklist for limits) to protect the contractor in the interest of the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises/operations, independent contractor, broad form property damage, products/completed operations and contractual liability. iii. Maintain Automobile Liability Insurance including Property Damage covering all owned, non -owned or hired automobiles and equipment used in connection with the work. iv. Maintain any additional coverages required by the Risk Manager as indicated on the Insurance Check List. v. Name the City of Miami Beach as an additional insured on all liability policies required by this contract. When naming the City of Miami Beach as an additional insured onto your policies, the insurance companies hereby agree and will endorse the policies to state that the City will not be liable for the payment of any premiums or assessments. vi. No change or cancellation in insurance shall be made without thirty (30) days written notice to the City of Miami Beach Risk Manager. F.R. NO: 124-95/96 CITY OF MIAMI BEACH DATE: 7/3/96 vii. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and these companies must have a rating of at least B+:VI or better per Best's Key Rating Guide, latest edition. viii. Original signed Certificates of Insurance, evidencing such coverages and endorsements as required herein, shall be filed with and approved by the City of Miami Beach Risk Manager before work is started. The certificate must state Bid Number and Title. Upon expiration of the required insurance, the contractor must submit updated certificates of insurance for as long a period as any work is still in progress. ix. It is understood and agreed that all policies of insurance provided by the contractor are primary coverage to any insurance or self-insurance the City of Miami Beach possesses that may apply to a loss resulting from the work performed in this contract. c. The liability insurance coverage shall extend to and include the following contractual indemnity and hold harmless agreement: "The contractor hereby agrees to indemnify and hold harmless the City of Miami Beach, a municipal corporation, its officers, agents, and employees from all claims for bodily injuries to the public in and up to the amount of $1,000,000.00 for each occurrence and for all damages to the property of others in and up to the amount of $1,000,000.00 for each occurrence per the insurance requirement under the specifications including costs of investigation, all expenses of litigation, including reasonable attorney fees and the cost of appeals arising out of any such claims or suits because of any and all acts of omission or commission of any by the contractor, his agents, servants, or employees, or through the mere existence of the project under contract. "INSTALLATION OF A 24" PERMANENT SUBAQUEOUS SANITARY SEWER FORCE MAIN, INCLUDING LAND PORTION AND A PERMANENT 8" FORCE MAIN ON THE LAGORCE ISLAND BRIDGE" The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and suits arising out of the sole and exclusive negligence of the City of Miami Beach, its officers, agents, and employees, as determined by a court of competent jurisdiction. i. The contractor will notify his insurance agent without delay of the existence of the Hold Harmless Agreement contained within this contract, and furnish a copy of the Hold Harmless Agreement to the insurance agent and carrier. F.R. NO: 124-95/96 CITY OF MIAMI BEACH DATE: 7/3/96 ii. The contractor will obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the City of Miami Beach under the Hold Harmless Agreement from any and all claims arising out of this contractual operation. d. All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar of exposure. No deductibles will be allowed in any policies issued on this contract unless specific safeguards have been established to assure an adequate fund for payment of deductibles by the insured and approved by the City's Risk Manager. e. The contractor will secure and maintain policies of subcontractors. All policies shall be made available to the City upon demand. Compliance by the contractor and all subcontractors with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the contractor and all subcontractors of their liabilities and obligations under any Section or Provisions of this contract. Contractor shall be as fully responsible to the City for the acts and omissions of the subcontractor and of persons employed by them as he is for acts and omissions of persons directly employed by him. f. Insurance coverage required in these specifications shall be in force throughout the contract term. Should any awardee fail to provide acceptable evidence of current insurance within seven days of receipt of written notice at any time during the contract term, the City shall have the right to consider the contract breached and justifying the termination thereof. g. If bidder does not meet the insurance requirements of the specifications; alternate insurance coverage, satisfactory to the Risk Manager, may be considered. h. It is understood and agreed that the inclusion of more than one insured under these policies shall not restrict the coverage provided by these policies for one insured hereunder with respect to a liability claim or suit by another insured hereunder or an employee of such other insured and that with respect to claims against any insured hereunder, other insureds hereunder shall be considered members of the public; but the provisions of this Cross Liability clause shall apply only with respect to liability arising out of the ownership, maintenance, use, occupancy or repair of such portions of the premises insured hereunder as are not reserved for the exclusive use of occupancy of the insured against whom claim is made or suit is filed. F.R. NO: 124-95/96 CITY OF MIAMI BEACH DATE: 7/3/96 INSURANCE CHECK LIST XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products and Completed Operations; Independent Contractors; Broad Form Property Damage Endorsement and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). XXX 3. Automobile Liability - $100,000.00/$300,000.00 - $50,000.00 each occurrence - owned/non-owned/hired automobiles included. XXX 4. Excess Liability - $1,000,000.00 per occurrence to follow the primary coverages. X 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: Builders Risk completed value $ .00 Liquor Liability $ .00 Fire Legal Liability $ .00 Protection and Indemnity $ .00 Employee Dishonesty Bond $ .00 Other $ .00 XXX 7. Thirty (30) days written cancellation notice required. 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the bid number and title BIDDER AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and that evidence of this insurance may by required within five (5) days after biopening. (--Z'•*7 4el'e d40 Bidder / gnattire of : idder F.R. NO: 124-95/96 CITY OF MIAMI BEACH DATE: 7/3/96 EQUIPMENT NO. DESCRIPTION SERIAL NO. Backhoes 10100 10101 10102 10103 .- 10104 'Dozers 20100 F0101 Rollers 30100 30101 Motor Graders 40100 40102 Loaders 50100 50102 50100 .30101 50102 06R104 Cranes Cat 23b B Gat 225 LC International 3960 (;ar 225 Cat 134 Gase 350 , ; 4 Small Asphalt Roller Ciracif.1 Galion MG Richard Roy (,ase VV24 at 9f1P, 1Case 5h0 (Ambinan, 1:Bobcat 8',)5 iBoDcat 843 1Cortiblhation 416 Gat 100100 American Mobile C ne 401,8 Crane Accessories 10100 1Pneumatii, Risme; 110101 Power Pak 120100 Liihbelt Draglii Pumps 210100 i" Hniiand i210101 8" iioiland [220100._ 4" Ti ash Pomp 230100 2" Utility Pump 230'101 3" Honda 230102 3" Robin (NPR -3T) .230104 3" Wacker Trash Pump (230103 3/4" Waterline Pump 132K03731.3 51V05446 189'24554 151V-5202 05YIV100329 If !3070726 101M(.,00076 • U 1 :135 l0444 -4, BH -18535 •,'90/6 iF5G8042 91-1011 3208 -EM • • AL UB500816 ,14102140 Lasers 240100 240101 240102 240103 240104 Engineering 2`0101 250102 251010'1 Small Equipment ,'hl)101) 70101 62 p i 0 3 260104 260105 260106 ^ 260107 230108.. ?FU109 260110 Dump Trucks 310100 Utility Vehicles 320100 320102 0,44. 320103—.___..-__ Ton Trucks '330100 340100 340101 340102 3501130 350101 75P1r2 !Model 1 150 D1alcat ade ;Model 1 150 pialgraclr, (Model 1150 Dialgrade Revolving Laser 1107/ Lader i -.)et '-'tor f��ly�arh T,Incilr r'rim !`i' r rel nouated f i Ism role -1 h -15 Wood/I - Ulass 1 rrpod I(:1)r.0111.;I',-' 0;11;,l;Iic)fl off maw r-.irm fractal- Jumping ra tnr.lumping Jack I:Imp P,ornac'1 Plata Wacker Plate Tamp 06055 iilti TE -5'1 Drill I `H1-53-2010__ __.. CHI-67-4308TM TOP -59'025_ ;OK 2047 1 fill) Di ill __-- Himda 5000\/ (.- enerato>�__.____ 1)it0 Witch hem -her 2200 (,ntmratnr a5110 (Matt Miller (=,as %Melding Mechine GMC Tandem Dump Izusu Flat Bed Ford 10 Ton Dump 1969 UMC; 'Water Truck 1995 113 Ft GMS; Flat Bed 4 30006 il.0 352 4419-- Ford 419 Ford F -45f) Flat Bed 10P8 sup.erduty Ford 250 Pick Un iiiarcia ) (..hevprole$ 4x4 Pick Up Larry) iF,Trurk (Mime!) 1 (046 t 1'") Pic k l,Ip (Mark) 04R F-0ni 1 r,1) ricl. I Ir (I race) (,o1 1 r`r!-f 1' r' v l r 19 91 )13 1 J n f?C'1 B 1 K XS 7000416 2FDLF47M0JC834041 1 1 1 1 1 1 1 1 1 1 ;IA E.F. ALVAREZ & COMPANY, P.A. CERTIFIED PUBLIC ACCOUNTANTS To the stockholder Freedom Pipeline Corp. We have audited the accompanying balance sheets of Freedom Pipeline Corp., as of December 31, 1995 and 1994 and the related statements of operations, retained earnings and cash flows for the years then ended. These financial statements are the responsibility of the company's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatements. An audit includes examining on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Freedom Pipeline Corp. as of December 31, 1995 and 1994 and the results of its operations and its cash flows for the years then ended in conformity with generally accepted accounting principles. April 01, 1996 Miami, Florida 7. . 1214A,), /61 782 N.W. 42 AVENUE • SUITE 545 • MIAMI, FLORIDA 33126 • (305) 444-6503 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ASSETS Freedom Pipeline Corp. BALANCE SHEETS December 31, 1995 1994 CURRENT ASSETS Cash 73,062 1,974 Contracts receivable 475,138 579,192 Cost and estimated earnings in excess of billings on uncompleted contracts 91,645 87,533 Prepaid expenses 14,139" 21,983 Total current assets PROPERTY AND EQUIPMENT - AT COST Less accumulated depreciation OTHER ASSETS Contracts receivable LIABILITIES AND STOCKHOLDER'S EQUITY CURRENT LIABILITIES Current maturities of long-term debt Accounts payable -trade Accrued expenses Billings in excess of costs and estimated earnings on uncompleted contracts Total current liabili€ies LONG-TERM DEBT STOCKHOLDER'S EQUITY Common stock - 500 shares of $1 par value authorized, issued and outstanding Retained earnings 653,984 690,682 1,016,166 420,630 680,482 303,944 595,536 376,538 148,258 189,917 $ 1,397,778 $ 1,257,137 323,731 225,198 50,111 49,247 648,287 254,397 500 494,594 $ 204,692 278,707 26,135 509,534 220,390 500 526,713 495,094 • 527,213 $ 1,397,778 ' $ 1,257,137 The accompanying notes are an integral part of this statement. Freedom Pipeline Corp. STATEMENTS OF OPERATIONS For the years ended December 31, Contract revenues Coat of contract revenues Dross profit General and administrative expenses Income (loss) from operations 1995 1994 $ 3,258,429 2,864,403 394,026 $ 2,228,170 1,9P5,585 252,585 356,334 273,393 37,692 ( 20,808) Other income and expense Gain on sale of equipment 5,918 - Interest expense ( 75,729) ( 32,196) ( 69,811) ( 32,196) Net loss $ 32,119 $ 53,004 • The accompanying notes are an integral part of this statement. Freedom Pipeline Corp. STATEMENTS OF RETAINED EARNINGS For the years ended December 31, 1995 1994 Retained earnings at beginning of:the year $ 526,713 $ 584,837 Net loss for the year 32,119 if 53,004 .Distribution of previously taxed income 5,120 Retained earnings at end of the year $ 494,594 $ 526,713 The accompanying notes are an integral part of this statement. woe futkpieno soci uolpruisuoo .kelauas '3 d 04c1*NOZNO6 A SOlEIVO . iu Ov 6ur4leno jo eu6is v nv. 0 WIN3 313a3N y3NlN1 9NIA d x eN3M 5N3 3N11 3did m (S)A1:1093.1.VO )uom j pluoa pue 13aip *usvouans tines (VO) luabe uumeno E85.70—z7E—zZO : #SS r 33N3amY1 113111VW : •v•O 4,893 : #33 Noi1vellodNo3 3Nil3did 140033W4 46/0C/60 No slndY-4 A3N313dw03 40 ?.031411.N33 11013vNIND3 IN3wiliVd30 sum arlene" 9N11133NION9 epfiu,AIwr A)unoD ()pea uepiodoloiry AC's 2 8 8 3 3 6 3 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONST INDUSTRY LICENSING BOARD LICENSE NO. BATCH NO. 09/14/94 CG C057253 THE CERTIFIED GENERAL CONTRACTOR NAMED BELOW IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 489 EXPIRING AUG 31, 1996 S E LENTROOP, PAUL THOMAS FRE DOM 208E LANE CORP FT LAUDERDALE FL 33332 LAWTON CHrLES GOVERNOR 94900694 F.S., FOR THE YEAR i d/ R. DISPLAY IN A CONSPICUOUS PLACE SEC°.ETARVUL AM ACM 2915281 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONST INDUSTRY LICENSING BOARD 11111115251111111111 09/27/94 CU C056649 94007940 u" THE CERT UNDERGROUND UTILITY & EXCAVATION CONT NAMED BELOW IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 489 F.S., FOR THE YEAR EXPIRING AUG 31, 1996 SUELLENTROP, PAUL THOMAS FREEDOM PIPELINE CORP 5380 SW 208 LANE FT LAUDERDALE FL 33332 LNNTON CHILES 1 GOVERNOR DISPLAY IN A CONSPICUOUS PLACE GEO• STU;• , JR. SEC ETARY, C .S.P.R. /OUNT CLASSES RMED WORK COD Lur I hat contracts and subcontracts has your organization completed in the past three (3) years? YEAR WHERE LOCATED COMPLETED CITY - COUNTY 3-G-7 liP3 7 9.3 5.-6 `7 „/ S 9 3 S-� /9 3 1-6 /o 'oft- /f93 I e. /9y3 tr J -G- 7 Z213 1194/ 5.7/0 /994/ gap we 5_ 199/ Ws 5 5� •7• /995' /1.-Q-c-i� E&ss s ) ee)dl a•u.I J Pap 11d19 NAME AND ADDRESS OF OFFICIAL TO WHOM YOU REFER Are- Vfr / r1 _ .r�-w�l6 .-..c c - s tifddal/ .2* *4 //4av d i ! e 010,01"440, F' /4-44...1 o lwAciez S-or—i( ehlo.i...[roa.. . jLz nem. -71.5,4m (.64,4„) //✓..sf 44. /i1/soy.' f/ /'lye . /JoT Dior a 7- `/o o 7- 4/4 f' `R c5 '4 Altsm://..44.4C. Vaidrot.«.. t //AI Gy' 0.p • Enter codes from those listed on page 16. EXAMPLE: If work performed was Grading, Landscaping and Bridge Paintin; then enter 5, 10e, 10h, etc. METROPOLITAN DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT NATURAL RESOURCES DIVISION AGREEMENT FOR CLASS I COASTAL CONSTRUCTION PERMIT CITY OF MIAMI BEACH - SUBAOUEOUS WATER MAIN AND SANITARY SEWER MAIN AT LA GORCE CANAL PERMIT NO. CC96-187 DATE ISSUED: jc.3502 Suite No. 400 33 S.W. 2 Avenue Miami. Florida 33130 (305) 372-6575 EXPIRATION DATE: AGREEMENT FOR COASTAL CONSTRUCTION DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT (DERM) NATURAL RESOURCES DIVISION This agreement, between the Permittee and Contractor named herein and Dade County DERM, is made for the purpose of accomplishing the work described herein as further described by approved drawings. 1. Proposed work. construction. or use: a) the installation of a subaqueous 24 inch water main and a subaqueous 8 inch temporary sanitary sewer force main on the bay bottom. Due to an existing 138 KV electric cable running along the LaGorce Canal, the utility main shall be installed on the bay bottom. Concrete riprap bags shall be placed over an area of approximately 400 square feet over the electric cable and under the water main. Additional sand cement riprap bags shall be installed over the water main for protection. Said installation will involve the excavation of approximately 32 cubic yards of material, most of which will be used as backfill once the pipe(s) has been installed. b) the installation of a permanent eight inch sanitary sewer main over tidal waters on LaGorce bridge authorized by Class I permit CC95-009. All work shall be performed in accordance with the plans entitled "Construction Plan for Permanent 24" Subaqueous Water Main including Land Portion at La Gorce Island Bridge"; and "Construction Plans for Temporary 8" Subaqueous Sanitary Sewer Force Main including Land Portion and Permanent 8" Sanitary Sewer Force Main on La Gorce Island Bridge"; prepared by Arshad Vigar, P.E.; signed and sealed on July 12, 1996; approved by this Department, and in accordance with the conditions on sheets 3A through 3D. 2. Location: LaGorce Island Bridge S 11, T 53, R 42 Miami Beach, FL 33141 Sheet 2 Waterway: LaGorce Canal 3. Name. Address and Phone Permittee: of Contractor: (Must be Licensed by Dade County) Freedom Pipeline Corporation 5380 SW 208 Lane Ft. Lauderdale, FL 33332 (954) 434-8070 City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 (305) 673-7080 4. DERM Proiect Manaaer: JoAnne Clingerman SPECIFIC CONDITIONS 1. The permittee is hereby advised that under Florida law, no person shall commence any excavation, filling, construction, or other activity involving the use of sovereign or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund or the Florida Department of Environmental Protection (FDEP), until such person has received the required authorization for the proposed use from the Board of Trustees or FDEP. If such work is done without consent, or if a person otherwise damages state land or products of state land, the Board of Trustees may levy administrative fines of up to $10,000 per offense pursuant to the Florida Administrative Code. 2. DERM shall be notified a minimum of forty-eight (48) hours prior to the commencement of construction (305) 372-6575, unless otherwise noted. 3. Turbidity curtains shall be implemented during all phases of work authorized by this permit to ensure compliance with Dade County water quality standards as stipulated in Chapter 24-11 (3), of the Metropolitan Dade County Code. The turbidity curtain shall completely enclose the dredging and backfilling area(s) and shall not be removed until turbidity levels within the enclosed area(s) return to background levels outside the curtain. Turbidity controls shall be employed and maintained in the most effective manner possible to prevent turbidity from extending beyond the turbidity control mechanism in place. Failure to deploy and maintain the turbidity curtain or other turbidity control mechanism in the most effective manner possible may result in the issuance of a Uniform Civil Violation Notice (UCVN) which carries a mandatory fine, and/or revocation of all or a portion of the performance bond, in addition to a requirement to correct the violation. 4. Turbidity may not exceed twenty-nine (29) Nephelometric Turbidity Units (NTU's) above background beyond the turbidity control mechanism in place. Turbidity levels shall be monitored continuously when turbidity plumes are visible beyond a 50 foot radius of the point of discharge. If turbidity levels exceed twenty-nine NTU's above background beyond 50 feet from the point of discharge, all construction shall be halted and additional turbidity controls implemented. This project shall not be resumed until the contractor has implemented additional control methods and has received authorization from DERM to commence work. At DERM's discretion, turbidity samples may be required and shall be collected in accordance with Section 24-11(5)(c) or as specified by DERM and the results sent directly to the DERM Project Manager on a weekly basis. Sheet 3A 5. Since the Florida manatee occurs in the waters adjacent to the property, the permittee shall take measures to protect manatees during and after construction. These measures shall include the followina: a) All construction personnel shall be notified in writing of the possible presence of manatees in the area and the precautions that should be taken during the construction period. Copies of these written notifications shall be sent to DERM. b) All construction personnel shall be advised that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act of 1972, the Endangered Species Act of 1973, and the Florida Manatee Sanctuary Act of 1978. The permittee and contractor will iointly be held responsible for any manatee harmed, harassed, or killed as a result of construction activities. c) Turbidity curtains shall be made of material in which manatees cannot become entangled. Said curtains shall be properly secured, and shall be regularly monitored to avoid manatee entrapment. Curtains shall not block manatee entry to or exit from essential habitat. d) All vessels associated with the project shall operate at "no wake/idle" speeds at all times while in water adjacent to the property where the draft of the vessel provides less than a four foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. e) All in -water construction activities shall cease upon the sighting of a manatee(s) within fifty (50) feet of the project area. Construction activities will not resume until the manatee(s) has departed the project area. f) Any collision with and/or injury to a manatee shall be reported immediately to the "Manatee Hotline" (1 -800 -DIAL FMP) and to the U. S. Fish and Wildlife Service, Vero Beach Office (407-562-3909), and to DERM (305-372-6852). g) The contractor shall maintain a log detailing sightings, collisions, or injuries to manatees should they occur during the contract period. h) Following project completion, a report summarizing the above incidents and sightings shall be submitted to the Florida Department of Environmental Protection (FDEP), Marine Research Institute Office of Protected Species Research, 100 Eighth Avenue, Southeast, St. Petersburg, Florida 33701-5095, to the U.S. Fish and Wildlife Service, 3100 University Blvd., Jacksonville, Florida 32216, and to DERM within sixty (60) days of project completion. Sheet 3B i) Prior to commencement of construction each vessel involved in the construction shall display in a prominent location, visible to the operator an 8 1/2" x 11" temporary placard reading, "Manatee Habitat/Idle Speed in Construction Area". In the absence of a vessel the placard will be located prominently adjacent to the issued construction permit. A second temporary 8 1/2" x 11" placard reading, "Warning Manatee Area" will be posted in a location prominently visible to water related construction crews. A temporary construction notice criteria sheet (temporary notices are constructed by permittee) is attached. Temporary notices will be removed by the permittee upon completion of construction. j) To reduce the risk of large vessels crushing a manatee during docking, bumpers or fenders, which will provide at least three feet of clearance from the bulkhead under maximum operational compression, shall be installed. 6. The contractor is responsible for contacting Florida Power & Light to establish the location of the underground electrical utility line prior to any excavation or construction. 7. Spoil material shall be stored on a barge until backfilling. Spoil may not be placed on the bottom adjacent to the project area during excavation. 8. All barges used to store or transport spoil material shall implement adequate controls to prevent runoff of sediments into the waterway. Return water shall be treated in settling chambers on the barge prior to discharge to the canal. Spoil barges shall be surrounded by turbidity screens while on the work site. 9. Prior to the commencement of the dredging, the location where the excess sediment will be stored prior to disposal, the method of containment of said sediment and the proposed final disposal site shall be provided to DERM. 10. The contractor shall be responsible for restoring the bottom of LaGorce Canal back to the pre -construction elevation. The final substrate elevation adjacent to the riprap shall be consistent with the pre -construction elevations within and adjacent to the project area. 11. The contractor shall take all necessary precautions to prevent construction debris from falling into the water. Any debris which does fall into the water shall be removed immediately. All removed sewer or water main pipelines and associated construction debris shall be disposed at an upland location according to local, state, and federal solid waste disposal regulations. 12. Any deviation from the approved plans for this project shall be submitted in writing to, and approved by DERM prior to the commencement of this project. Sheet 3C 13. A copy of this permit must be kept on-site during all phases of this project. 14. The time allotted to complete the work for which this permit has been issued shall be limited to the period stipulated on the permit unless the permittee requests an extension of time from the Department in writing at least thirty (30) days prior to the date of permit expiration. Applications for extensions of time which are not timely filed pursuant to Section 24-58.9(B)(2), Dade County Code will be returned to the applicant. I HAVE READ ALL THE AFOREMENTIONED "SPECIFIC CONDITIONS" LISTED ABOVE ON SHEETS 3A THROUGH 3D AND FULLY UNDERSTAND THEM. I AGREE TO FULLY COMPLY WITH ALL CONDITIONS OF THIS PERMIT. I UNDERSTAND AND ACKNOWLEDGE THAT FAILURE TO COMPLY WITH ALL CONDITIONS OF THIS PERMIT MAY RESULT IN BOND FORFEITURE, PERMIT REVOCATION, FINES, AND/OR THE FILING OF AN ENFORCEMENT ACTION AGAINST ME BY DERM. I HEREBY ACKNOWLEDGE THAT I AM FULLY RESPONSIBLE FOR THE IMPLEMENTATION OF ALL WORK AUTHORIZED UNDER THIS PERMIT AGREEMENT AND AGREE TO TAKE FULL RESPONSIBILITY FOR ENSURING ADHERENCE TO ALL CONDITIONS, LIMITATIONS AND RESTRICTIONS CONTAINED IN THIS PERMIT AGREEMENT. I FURTHER AGREE TO ASSUME FULL RESPONSIBILITY FOR THE ACTIONS OF ALL MY EMPLOYEES, AGENTS AND PERSONS UNDER DIRECT OR INDIRECT CONTRACTUAL OBLIGATION TO ME WITH RESPECT TO THE WORK AUTHORIZED HEREIN. I FURTHER AGREE TO ENSURE THAT ALL SUCH EMPLOYEES, AGENTS, AND PERSONS SHALL ABIDE BY ALL CONDITIONS, LIMITATIONS pID RESTRICTIONS CONTAINED IN THIS PERMIT. Signed: PERMITTEE Sheet 3D /-2 d Date: S 5. ,poroximate Costs: Item Estimated Cost, Bond Amount Cost of Construction $32,000.00 N/A 6. Total Amount of Performance Bond Reauired: N/A 7. Pre -Work Conference: At the discretion of the Director, a pre -work conference may be held prior to the commencement of any work under this Permit between the Permittee, the Contractor and Engineer, and representative(s) of DERM together with any property owners or other persons whose interests may be affected by the work. 8. As -Built Plans may be required by DERM within thirty (30) days of completion of the project. 9. Aaencies other than DERM from which approval may be necessary (as checked): x South Florida Water Management District _z_ U.S. Army Corps of Engineers x State of Florida Department of Environmental Protection x City of Miami Beach x United States Coast Guard for navigational issues x Florida Department of Transportation (installation of permanent eight inch sanitary sewer main) x DERM's Wastewater Section x Florida Power & Light Recommended: Coa( a1 Program IN WITNESS WHEREOF the said DADE COUNTY, FLORIDA has caused this Permit Agreement to be executed in its name by the Director of DERM, and Contractor and Permittee have caused this Permit Agreement to be executed in their names. Sheet 4 WHEN THE CONTRACTOR IS AN INDIVIDUAL OR PARTNERSHIP: Witnesses WHE CO RACTOR IS A CO Secr_tary DATE 12////76 WHEN THE PERMITTEE IS AN Witnesses WHEN THE PERMITTEE IS A Roluu.creaik-cku---- S_e.crctaC/-7 z e,e,tc DATE iF Contractor SIGN DATE RATION: t .ue-D �`7 � "/2 (Correct Name of Corporation) BY/ / Presice (AFFIX C PORATE SEAL) INDIVIDUAL: Owner CORPGR-ATFeN- --- No/u///W(7-',,P- DEPARTMENT UN//P1 ,e;' -. DEPARTMENT OF ENVIRONMENTAL Issued On: SIGN DATE (Correct Name of Corporation) (AFFIX CORPORATE SEAL) RESOURCES MANAGEMENT By cp'Y(S7/2, Director or his Designee THE ISSUANCE OF THIS PERMIT DOES NOT RELIEVE THE PERMITTEE AND/OR CONTRACTOR FROM OBTAINING ALL REQUIRED FEDERAL, STATE AND LOCAL PERMITS. Sheet 5