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HomeMy WebLinkAboutReso 2002-449 RESOLUTION NO. 2002-~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, INCORPORATING RECITALS; AWARDING BID NO. 02-04-01 TO PIOS & SONS ENTERPRISES, INC., FOR THE ATLANTIC BOULEVARD PARKING AND SIDEWALK PROJECT, IN AN AMOUNT OF ONE HUNDRED EIGHTY -SIX1tDOLLARS ($186,000.00),..x- THOUSAND ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THE AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach desires to create metered parking spaces and to improve the sidewalks located in the vicinity of Atlantic Boulevard and 183rd Street; and WHEREAS, the City publicly advertised Request for Proposals No. 02-04-01 for sidewalk improvements on Atlantic Boulevard, and sent out bid packages to four (4) potential bidders; and WHEREAS, Pios & Sons Enterprises, Inc., was the most responsive, responsible bidder with a sealed bid of One Hundred Eighty-Six Thousand Dollars ($186,000.00); and WHEREAS, the City wishes to enter into an Agreement, attached hereto as Exhibit "A", with Pios & Sons Enterprises, Inc., in a total amount of $186,000.00, to create metered parking spaces and for sidewalk improvements to Atlantic Boulevard. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, THAT: Section 1. Incorporation of Recitals. The recitals set forth in this resolution are incorporated herein by reference as if fully set forth herein. Section 2. Award of Bid. The City Commission hereby awards Bid No. 02-04-01 for Parking and Sidewalk Improvements at Atlantic Boulevard, to Pios & Sons Enterprises, Inc. Section 3. Approval of Agreement. The Agreement by and between the City of Sunny Isles Beach and Pios & Sons Enterprises, Inc., for improvements to parking and sidewalks located in the vicinity of Atlantic Boulevard and 183rd Street, in an amount of $186,000.00, attached hereto as Exhibit "A", be and the same, is hereby approved. Section 4. Authorization of Mayor. The Mayor IS hereby authorized to execute said Agreement. Section 5. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of this Agreement. '* ~r'rect~ OY\ ~ /'S/2vo2. R2002- Pios & Sons Atlantic Blvd Pkg & Sidewalks Page 1 of2 ----- Section 6. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 20th day of June, 2002. . , "" ,~y... j ~. .., '" . J ,,\' _ 4 \. 'A TIEST: :', '. ~.,(-: ;,"'.. ~: t\l. I' :~,~t-7~ ~vWv\~ ;~\Rich$'d Brown-ManIla, City Clerk .':, 1 <." ~. Approve'dAs to Form and Legal Sufficien : L n M. Dannheisser, City Attorney Vote: 5-0 Mayor Samson Vice Mayor Iglesias Commissioner Edelcup Commissioner Goodman Commissioner Kauffman R2002- Pios & Sons Atlantic Blvd Pkg & Sidewalks v (Yes) V (Yes) V (Yes) V...(Yes) V (Yes) Page 2 of2 David Samson, May r Moved by: mY-\Y.QR ~o'J Seconded by: C~ EN=L.c..uf (No) (No) (No) (No) (No) CITY OF SUNNY ISLES BEACH ATLANTIC BOULEV ARD/183RD STREET o. .',- TURF BLOCK SERVICE AGREEMENT THIS AGREEMENT, entered into this 5..J.f\.. day of ~\,.: between the CITY OF SUNNY ISLES BEACH (hereinafter referred as SONS ENTERPRISES, INC. (hereinafter referred to as "Contractor"). 2002, by and "City") and PIOS & WHEREAS, the City desires to improve the sidewalks located in the vicinity of Atlantic Boulevard and 1 83rd Street; and WHEREAS, the City desires to contract with Contractor to provide the services described in Exhibit "A", and for the consideration hereinafter named, Contractor covenants and agrees with the City as follows: 1. Services. Contractor agrees to furnish all labor and materials in a good and workmanlike and professional manner, to perform the work designated in Exhibit "A" attached hereto, which is incorporated herein by reference. The services described in Exhibit "A" shall be performed by Contractor to the full satisfaction of the City. Contractor agrees to have a qualified representative inspect the Property on a regular basis to ensure all services are being performed in accordance with Exhibit "An and shall report to the City accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to Property, improvements and persons at the Property. Contractor will require its employees to perform their work in a manner befitting the type and scope of work to be performed. In the event that the Contractor fails to complete performance pursuant to the terms of this contract and City must undertake the completion of performance of services, Contractor agrees to indemnify the City for all costs incurred with respect to the completion of those services and any damages the City may suffer as a result of the failure of performance by Contractor. 2. Additional Services. If the need for additional work or changes under this Agreement is identified by Contractor during the course of performing its obligations hereunder, Contractor shall set forth such additional work and the cost thereof in a supplemental work order (a "Supplemental Work Order") and submit such Supplemental Work Order for approval by the City. No such additional work shall be done or paid for without the specific prior written approval of the City. 3. Payment for Vendor's Services. Payment to Contractor for all charges under this Agreement shall be in accordance with this Agreement and a schedule of charges or tasks reflected in Exhibit "A". The Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. 4. Undisclosed Conditions. In the event that undisclosed conditions are discovered during the performance of this Agreement, the City shall have the right to cancel this Agreement upon thirty Page I of 4 SIB Agrmt - Atlantic Blvd Turf Block - Pios & Sons (30) days written notice to contractor. Upon termination, the City may re-bid the project if the contractor fails to perform under this Agreement due to the undisclosed conditions. 5. Insurance. (a) Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents, contractors or employees, as more particularly set forth below: General liability insurance, including broad form contractual liability coverage for bodily injury and property damage liability with limits of One Million Dollars ($1,000,000) combined single limit occurrence. Such insurance shall not diminish Contractors indemnification obligations hereunder. The insurance policy shall be issued by such company, in such forms and with such limits of liability and deductibles as are acceptable to the City and shall be endorsed to be primary over any insurance, which the City may maintain. Before any work under this Agreement is performed, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and appropriately endorsed for contractual liability with the City named as an additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City's Risk Management Department. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) calendar days prior written notice to the City's Risk Management Department. The City reserves the right from time to time to change the insurance coverage and limits of liability required to be maintained by Contractor hereunder. 6. Relation to Parties. It is understood and agreed that nothing contained in this Agreement shall be deemed to create a partnership, joint venture, other association, or an employer/employee relationship between the Contractor and the City. Contractor shall be in the relation of an independent contractor and is to have entire charge, control and supervision of the work to be performed hereunder. 7. Compliance with Law. Contractor shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement (Applicable Laws) and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. 8. Waiver of Liabilitv/lndemnitv. The City shall not in any way be answerable or accountable for any violations of applicable laws or for any injury, loss or damage arising from the negligence or omission of Contractor or anyone of its employees, contractors or agents. Contractor hereby agrees to indemnify, defend and hold harmless the City from and against any claim, loss, damage, liability, cost or expense, including attorneys' fees, whether or not due to or caused in whole or in part by City or its employees, arising out of (i) the performance or breach by the Contractor of its obligations under this Agreement, (ii) any personal or bodily injury, including death, to any person and destruction of property resulting from the performance or breach by Contractor of its limits in excess of One Million Dollars ($1,000,000) for claims arising from a single occurrence. Contractors indemnify obligation shall extend up to but shall not exceed the higher limits of that insurance. Contractor hereby irrevocably waives any right and agrees not to file any mechanic's or materialman's lien against the interest of the owner of the property. Page 2 of 4 SIB Agrmt - Atlantic Blvd Turf Block - Pios & Sons 9. Assie:nment. This Agreement shall be binding upon and shall inure to the benefit of the City and to any and all of its successors and assigns, whether by merger, consolidation, transfer of substantially all assets or any similar transaction. Notwithstanding the foregoing, this Agreement is personal to the Contractor and it may not, either directly or indirectly, assign its rights or delegate its obligations to City hereunder without first obtaining the City's consent in writing. Any such attempted assignment or delegation shall be deemed of no legal force and effect whatsoever. 10. Term. The term of the Contract shall commence upon execution, and shall terminate upon completion of work described in Exhibit" A". The City shall have the right to cancel this Agreement, at any time during the term hereof, upon thirty (30) days notice to the Contractor. Payment will be made only for work completed to the satisfaction of the City. Contractor is to commence performance of work on the Commencement Date and continue in a diligent manner until work is complete. Contractor acknowledges that compliance with the commencement and completion schedule is on the essence of this Agreement. The terms of paragraphs 7 and 8 hereof shall survive termination of this Agreement. 11. Notices. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: if to the City one to Christopher J. Russo, City Manager and one to Lynn M. Dannheisser, City Attorney, at City of Sunny Isles Beach, 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160. The address of the Contractor for notices is Hector M. Ortiz, Owner, Pios & Sons Enterprises, Inc., 320 Atlantic Avenue, Sunny Isles Beach, Florida 33160, (305) 919-9662 phone and (305) 010-9073 fax. 12. Governine: Law. The validity of this Agreement and the interpretation and performance of all of its terms shall be construed and enforced in accordance with the laws of the State of Horida, without regard to principles of conflict of laws thereof. The location of any action or proceeding commenced under or pursuant to this Agreement shall be in Miami-Dade County, in the State of Rorida. 13. Remedies for Breach. Should Contractor fail to perform, City shall notify Contractor in writing of such failure to perform and Contractor shall have thirty (30) days of receiving such notice to cure such failure. If Contractor is unable to cure such failure to perform then City shall receive a refund equal to the actual cost of a third party to cure such failure. The City may sue for damages in circuit court. If City fails, refuses or is unable to perform any term of this agreement, City shall pay for services rendered as of the date of termination. 14. Attornev's Fees. If this matter is placed in the hands of an attorney for collection, or in the event suit or action is instituted to enforce any of the terms or conditions of this agreement, the losing party shall pay to the prevailing party, in such suit or action in both trial court and appellate court, together with reasonable attorney's fees for the anticipated cost of collection and judgment enforcement. Page 3 of 4 SIB Agrmt - Atlantic Blvd Turf Block - Pios & Sons 15. Miscellaneous.!n the event any provIsion of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements and understanding relating hereto. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the parting granting such waiver. 16. Conflictine: Provisions: The terms and conditions in this agreement supersede any other conflicting provisions that are contained in any other document. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. TN7t: -. ~-<- _/~ -,-- PIOS & SONS ENTERPRISES, INC.: BY:Y1~ ~~i'1 I H~ctor M. Ortiz, Owner -. . .f .' I' (,' , < , ...: 1 I By: K'c-,~.~.,A L~~.C'\{\l", - Richard B,rown:Morilla, City Clerk ATTEST: BY: BY: City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Page 4 of 4 SIB Agrmt - Atlantic Blvd Turf Block - Pi os & Sons SECTION 00410 BID FORM THIS BID IS SUBMITTED TO: City of Sunny Isles Beach 17070 Collins Avenue, Suite #250 Sunny Tslet ~?ach, Florida 33160 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with The City of Sunny Isles Beach in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Doc~ments for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to BIDDER'S, including without limitation those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. BIDDER agrees to sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within ten days after the date of City's Notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged.) Addendum No. N{)VU. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: (b) BIDDER has familiarized themselves with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Law and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. (c) BIDDER has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions (d) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully 00410 - I SIB studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance, or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by BIDDER for such purposes. (e) BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other ternlS and conditions of the Contract Documents. ; " BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. ~g) BIDDER has given Consultant written notice of all conflicts, errors, discrepancies that it has discovered in the Contract Documents and the written resolution thereof by Consultant is acceptable to BIDDER (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; BroDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other BIDDER or over the City. 4. BIDDER understands and agrees that the Contract Price is lump sum to furnish and install all of the Work complete in place. The Schedule of Values is provided for the purpose of Bid Evaluation and when initiated by the City, the pricing of change orders. Contractor's price will not be adjusted to reflect any deviation from the Schedule Of Values, except to the extent that the City changes the scope of Project after the Contract Date As such the Contractor shall furnish all labor, materials, equipment, tools superintendence and services necessary to provide a complete in place Project for the Bid Price of: 00410 - 2 SIB BASE BID: {)nc \)lHllh<o e-lljnhj St)l ~tlsan{J dollars and zero cents LUMP SUM (Written Total Base Bid Price - From Schedule Of Values, Page 00410-4) S. BIDDER agrees that the work will be complete in full within 60 calendar days from the date stipulated in the Notice to Proceed. 6. . Communications concerning this Bid shall be addressed to: Ji05 tSa-t~ EnlerpYl~~ 'he. 3w ^"a(\~.AvenuL cSunn\f--lo\es J FL. 331lDO Coos1 q let - q(o(c2. (W'5) ql9.... 'l013 Ana.. L o..cL BIDDER: Address: Telephone Facsimile Number Attention; 7 The terms used in this Bid which are defined in the general Conditions of the Construction Contract included as part of the Contract documents have the meanings assigned to them in the General Conditions. SUBMITTED TillS DAY ~ ~ 20 02 00410 - 3 SIB SCHEDULE OF VALUES FOR LUMP SUM CONTRACT BASE BID SIDEW ALK IMPROVEMENTS PROJECT ATLANTIC BLVD./iS3 ST. Description Unit Unit Price Maintenance of Traffic LS $ \O,aC() Concrete Sidewalk SY $ 5a.1O Turf Block Pavers Sy $ 4Q.g<jj Excavation CY $ IO.C}lp Type "0" Curb LF $ , 3 ,lo q Manhole Adjustment EA $ lOCO Valve Box Adjustment EA $ 2Cl(o.2Q I $ I '3l{> oeo . eU I TOTAL OF BASE BID 0041 0 . 4 SIB A CORPORA nON By: -lios t Sons ~ .\u:pn~..1 \ t'\C . (Corporation Name) f1oY"t'cl a. By: (State of Incorporatioi) (Name of Person Authorized to Sign) jrislw4. (Tide) (Corporate Seal) Attest: (President) Business address: Phone No: Facsimile No: 00410 -7 (Y SIB A JOINT VENTURE By: (Name) (Address) By: (Name) (Address) (Each joint venture must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) 00410.8 SIB CERTIFICA TE OF AUTHORITY (IF CORPORATION) STATE OF Flondll ) ) SS: COUNTY OF Dcule.- ) I HEREB Y CERTIFY that a meeting of the Board of Directors of the Pins a Sons &lerpVl~~ IV\{" . a corporation existing under the laws of the State of~a 20_, the following resolution was duly ;Jassed and adopted: . held on sf I!; Jo':L "RESOL VED, that, as President of the Corporation, be and is hereby authorized to execute the Bid dated, ---2.122. ,20 OZ, ,to the City of Sunny Isles Beach and tlus corporation and that their e~,ecurion thereof, attested by the Secretary of the Corporation, and with the Corporate Seal affixed, shall be the official act and deed of this Corporation. fI I fw ther certity that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have here\Ulto set my hand and affixed the official seal of the corporation this 21...- ,day of ~ ' 20 02- . ~f/~ ~ Secretary: (SEAL) 004 1 0 - 9 SIB CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) STATE OF ) ) SS: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Partners of the a corporation existing under the laws of the State of the following resolution was duly passed and adopted: , held on ,20 "RESOLVED, that, , as of the Partnership, be a'ld is hereby authorized to execute the Bid dated, 20, to the City of Sunny Isles Beach and this partnership and that their execution thereof, attested by the shall be the official act and deed of this Partnership." I further certifY that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this Secretary: (SEAL ) 004 1 0 - I 0 , day of ,20 SIB SECTION 00420 A WARD PREFERENCE FOR IDENTICAL TIE BIDS Whenever two or more Bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a Bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: I) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use ofa controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohi bition. 2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug- free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (] ). 4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five days after such conviction. S) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. , I certify that this firm complies fully with the above requirements. VENDOR'S SIGNATURE: END OF SECTION 00420 - 1 SIB SECTION 00434 LIST OF PROPOSED SUBCONTRACTORS BIDDER shall list all Proposed Subcontractors to be used on this project if they are awarded the Contract. CLASSIFICA nON ()F WORK NAME AND ADDRESS OF SUBCONTRACTOR TURF BLOCK l' AVbRS _T A-tC.M M.. - SllBRt \e.r _ ''th'ie.y" MOdt1\~ - su~hlj 'It NQ subs CONCRETE l'blS is not all orGe: END OF SECTION 00434 - I SIB The BIDDER's response to this questionnaire will be utilized as part of the City's overall Bid Evaluation and Contractor selection. I. Number of similar roadway Proiects completed with a contract price in excess of$l 00,000.00: a) In the past 5 years 5 On Schedule 5 Project Name ~pwa't~ ()') UrllYff~~i\le.. iSriyl,t1~ ~. Owner Name 1:1 DepaY~n+ CF -riQ~po("nhoV'l Owner Address 0&4cn IA1 cn,n~ r-c,i.91 Blvd I A-"lnrtJudn1e., R... ~q Original Contract Completion Time (Days) qO Original Contract Completion Date BLI- Actual Final Contract Completion Date 2/ZLl/OZ Ongmal Contract Price ..t I qq I qq. 1 q Actual FInal Contract Price" I gq. 441. go ~. ~ i'''' I",~~ "JOtl . &roward Croll ht ~:.::~:: _ -~~6t1 r. . _ _ o~wa d"PLlIJU"' Owner Address fe ~ ~nl7l ~~f' ~ t e;ztale .. ~ q Original Contract Completion Time (Days) Onginal Contract Completion Date '2~ 0 z.. Actual Final Contract Completion Date 1 2.3 0 z.. Ongmal C omract Price ~ .30 0 I 00 0 Actual Final Contract Pnce ..::z... qeo I 5~;1. 5% I ~:.e;: ~:: ~~~sdMl1It. ~W\1t>\ l- Own", Add'''dfOO _ . f ..l.1luOe(i a e , P'L ~-5 oq Origmal Contract Completion Time (Days) JCD5 O,i,in,1 Cnn"," Cnmpletion Date ~ { Actual Final Contract Completion Date o2.J Original Contract Price I hoOI 000. 00 Actual Final Contract Price ~eS .000.00 SECTION 00450 BIDDER QUALfFICA TION STATEMENT o b) Original contract price overrun average % In the past 10 years 10 On Schedule , 0 Original contract price overrun average % o List last three (3) completed Projects with a contract price in excess of $1 00,000.00. 00450 - I M(1\t'k" ,9. Luw:..l _ lltv;tl(11l\ ~\vU(w..hts SIB 2. Current workload - Projects in excess of $300,00000 Project Namf Pm-~o~~ht ~~ - Dro~a.~ Owner Name fmi ~t 4 Indt" l'I'Jwh,j Contract Pnce ~.DOO \ I 000, 000 3 The following information shall be provided for this project. a) Estimated total construction man-hours !2.g-0 M '"'" b) Percent tn'dJl-hours to be performed by Contractor's permanent staff ~o7o . c) Permanent man-hours to be performed by direct hired employees for this project 2..0'10 . d) Percent man-hours to be performed by Subcontractors O~ 4. The following information shall be attached to the bid. a) Contractor's home office organization chart. b) Contractor's proposed project organizational chart. c) Resumes of proposed key project personnel, including on-site superintendent. 5. List and describe any: a) Bankruptcy petitions filed by or against the BIDDER or any predecessor organizations, bi Any arbitration's or civil or criminal proceedings or c) Suspension of contracts or debarnng from bidding by any public Siency brought l\iainst the BIDDER in the last fi ve (5) years. 6 Governmental References: List other Governmental Agencies or Quasi-governmental agencies for which you have done business within the past five years. . Name Of Agency: t.ro~ &tulht ~} Address: 32.0l W _CD~n~ ~d Telephone No. CCf.?-f) ~5 - ~'12.. Contact Person: ~""'f $I~~ Type Of Project: S(~Y\ \~I\a.~t\ Name Of Agency: fDOr n.stl? lcr 4- Add,,,,,, '!/.lCO <.). CDrt\~ I &/ ~d . Telephone No. ~2 ~ -'2.'t2.3 Contact Person: ____ Type Of Project: tJtuJ Sltl.lWfl \iC5 Name Of Agency: Address: Telephone No. Contact Person: Type Of ProJect: END OF SECTION 00450 - :2 SIB SECTION 00454 NON-COLLUSION AFFIDAVIT State of florl'da ) 55 County of Ix:ule ~r M.OY'Ht.. being first duly sworn, deposes and says that: (] ) !!:IShe/They is/are the Wr\e.Y (Owner, Partner, Officer, Representative or Agent) of Pi05 ~ .SoIAC, ~t.t\Y'l: . the BIDDER that has submitted the attached Bid; (2) HelShelThey is/are fully infonned respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid IS genuine and is not a collusive or sham Bid; (4) Neither the said BIDDER nor any of its officers. partners. owners. agents, representatives. employees or parties in mterest, including tllls affiant, have in any way colluded. conspired, connived or agreed, directly or indirectly. with any other BIDDER, firm, or person to submit a collusive. or sham Bid in connection with the Work for which the attached Bid has been submitted; or to refrain from bidding in connectIOn with such Work; or have in any manner, directly or Indirectly, sought by agreement or collUSIOn, or communication, or conference with any BIDDER, finn, or person to fix any overhead, profit, or cost elements of the Bid or of any other BIDDER, or to fix any overhead, profit, or cost elements of the Bid Price or the Bid Price of any other BIDDER, or to secure through any collUSIOn. conspiracy, connivance, or unlawful agreement any advantage against (ReCipient), or any person mterested in the proposed Work, (5) The pnce or pnces quoted in the attached Bid are fair and proper and are not tainted by any oolluslOn, conspiracy, connivance, or unla\vful agreement on the part of the BIDDER or any other of its agents, representatiVes, owners, employees or parties in Interest, including this affiant. 00454 - I SIB Si~ned, sealed and deli.vered on -'he &:'1!~ k Aro Mo1illln-Q (Printed Name) By.{1~~;V . Y~\GiU\r (Title) ACKNOWLEDGl\1ENT State of Florida County of 'IXtct e. On this the 22. day of Mlu.t.-, 20 01.. , before me, the undersigned Notary Public 0 fThe State 0 fFlorida, personally appeared \\edor H.Or-hi.. and (Name(s) ofindividual(s) who appeared before notary) whose name(s) is/are Subscnbed to the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOT AR Y PUBUC SEAL OF OFFICE. ,"'" ~ ANA MARlA LORA Itl!JI MY COMMlSSION II CC 883001 ~..,# EXPllU!S:0ec4,2003 .'t. .\ " (Name as Commissioned.) ~ Personally known to me, or LJ Personally identification: (Type ofIdentification Produced) ODID take an oath, or o DID NOT take an oath. OPTIONAL INFORl\lATlON Type Of Document: Number of Pages: N um ber of Signatures Notarized: END OF SECTION 00454 - 2 SIB SECTION 00456 PUBUC ENTITY CRI1\'[ES Pursuant to the provisions of paragraph (2) (a) of Section 287 133, Florida State Statutes - "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not subnl/! a Bid on a Contract to provide any goods or services to a public entiry, may not submit a Bid on a Contract with a public entity for the construction or repair of a public building or public Work, may not submit bids on leases of real property to a public entity, may not be awarded to perfonn Work as a Contractor, supplier, Subcontractor, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Sec. 287.017, FS lor t1l1rty six months from the date ofbemg placed on the convicted vendor list". CONFLICTS OF lNTEREST The award of any contract hereunder IS subject to the provisions of Chapter 112, Florida State Statutes. BIDDER' s must disclose WIth their Bids, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of Sunny Isles Beach or it's agencIes. 00456 - I SIB .HY UN.., "UU I!.ll'l1!.N r PURSUANT TO SI!:LTIUN Z1S7. u.Jp)(a) FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES nus fORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE Of A NOTA..RY PU13LlC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OA THS. This sworn statement is submitted to Ct~ Of- Sunn'l Isl.e~ Bea.ch by \~c..~y M.Or-hi.. for ~ i..~n5 &l~,.I'V\{ . whose busmess address is ~ AHonhc. 1\11. Sunr\LJ..I~, fl., ~;l(t:O .. W"d-(ifapplicable) its Federal Employer Identification Number (FEIN) is ~ -olqyrl~ the entity had no FEIN, include the Social Security Numher of the individual signing thIs sworn statement: 1. " I understand that a "P1lblic entity crime" as defined in P;lri\graph 287. 133( 1 )(g), Florida Statutes. means a violation of any state or federal law by a persoll 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 wtth 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 of the United States and involving antitrust, fraud, theft, brihery, collusion, racketeenng, conspiracy, (,r material misrepresentatIOn. 3. I understand that "convIcted" or "conviction" as defined in Para. 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 trail court of record relating to charges brought by indictment or information after July I, 1989, as a result of a Jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 4 [ understand that an "affil iate" as defined in Para 287. 13 3( I )(a), Florida Statutes, means: I. A predecessor or successor of a person convicted of a public entity crime; or 2 Any 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. Th\:: term "affiliate" mcludes thos\:: officers. directors, ex:ecutors, partners, shareholders, employees, members. and agents who are active in the management of an affiliate. The o\\nership 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 pnme facie case that one person controls another person. A person who knowingly enters into a j01l1t venture with a person who has been convicted of a public entity crime in Florida dunng the preceding 36 months shall be considered an affIliate. 5 [ understand that a "person" as defined in Para 287.133( Il<.e), Flonda Statutes, means any natural person or entity organized under the laws ofwy state or of the united States With the legal power to enter into a bmding 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 ....-1th a public entity. The term "persons" IOcludes those officers, directors. executives, partners. shareholders. employees, members, and agents who are active in management of any entity o. l3ased on lnform!\tion !\l1d belief, the st~tement which 1 have m~k~g b~low is tf\le in r~l!\tion to the entity submitting this sworn statement. (Indicate which statement applies.) V Neither the entity submlttmg this sworn statement, nor any of it's officers, directors, executives. partners, shareholders, employees, members, or agents who are acti..e 11\ the management of the entity, nor any atTlliate of the enttty has been charged with and convicted of a public entity crime subsequent to July I, 1989. 00456 - 2 SIB ....... "'''''.''J ;)UUUIlLLlU~ UII:t :)wurn statement, or ant: or rnure: Ul ll:) UUl""~"3, UU'W""\."I.;3, 'l;;^C\..Ul1ves. partners, shan:holJers, employees, members, or agents who are active in the management of the ~ntlly, 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, cmployees, members, or agents who arc active in the management of the entity, or an affiltate 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 Heanng Officer of the State of Flonda, DiVision of Administrative Heanngs and the Final Order entered by the H.:aring Officer of the State of Flonda, 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) [ UNDERSTAND TI-lA.T THE sUBrvnssloN OF THIS FOR!v1 TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABO'lE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT nns FORM IS VALID THROUGH DECEMBER 3\ OF THE CALENDAR YEAR fN WHICH IT [S FILED. I ALSO UNDERST AND THAT I AAI REQUIRED TO iNFORM THE PUBLIC ENTITY PRIOR TO ENTERING fNTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287017, FLORIDA STATUTES, FOR C/\TEGORYTWOOF ANY, CHANGE rNTHE rNFORMAllONCONTAINED fNTHTS FORM 00456 - 3 SIB Oy:-v vr"./' o y-h-z.. (Printed Name) ?rf~drnt-- (Title) Sworn to and subscribed before me this 22.- day of M D.Lf Personally known ./ ,20 .02-. Or Produced Identification Notary Public - State of J:JoYIt;fa My Commission Expires (Type ofIdentification) ~ J/om'a ~ (Pnnted, typed, or stamped commissioned name of notary public) J'...."~ ANA MARIA LORA JIm MY COMMISStON /I CC 883001 ~~.'" '#-t ^~~ EXPI RES: Occ 4. 2003 'If ,- '_'l-NOTAIlY FIlL NcMry Sent.,. & Bonding Co END Of SECTION 00456 - 4 SIB ACORQ. CERTIFICATE OF UABILITY INSURANCE I 06iOWo2 I'RllDUCelt 1M - -. CF ~1'IDIIf PTL INSURANCE ASSOCIATES, INC. ONLY AIm ~ NO IICIfIta &ItOII 1M <8l1hCA,. HOLDIEIt lHII -",....-AD ac8 M)T AItEMD. EXTEND OR 7201 CORAL WAY ALTIR THe COWlRAGE APIlOIEB) BY 1MB POL.ICI!8 -.ow. MIAMI, FL. 33155 ..uRERS APFORDItIIG CCWEJUaE (30~1.262-7094 -- pros . SONS ENTERPRISES, INC. __10: UNITED NATIONAL INSURANC~:::fQ;~_~ ".- INIUREJt II: ARIES INSURANCE COMPANY 320 ATLANTIC AVE. .....,... C: -...---- SUNNY ISLES, FL 33160 ....0: - -,. -'."-'." -".. -- I ~a: COWRAQD lltIl: POLIClII 01' INSUItANOE U5TED IElOW HAWi IIiSI DIUED TO ntE MUMO WMD ~ FOR ~ pouoy PERIOD ~1ED. N01WTH8TAHI*O IIH'( AIiOUIREMENT. 1'IIW OR CONOITIOH OF Nt( co.mw:r OR cmtER ~EWr WITH RSPECT "rO WHICH TtII CEJtTR::ATlIMY IE __ OR !MY PMfAIN. ntE ~N'F(lROED BY l11E POI.JCIU DI~....... BIUl.lECTTO "'-L THE TEAMS. EXiCl.IJ8IONe AND 00N0n1DNS OF SUCH POLICID.. ~TE LMrISHOWN MY HAVE IIEEIr tIfEDUc8) 1IYf'M)~. lWIOFJ. II." ......- ..;:. ''i.I...~ f'':,') ";'1 ;.~:'. V,7'"r ," "'~'1r-7~ &.InS d . . .1 .1 .1 000 000 50 000 5 000 000 000 000 000 OOO,.~~Q '. 17134078-01 09-10-01 09-10-02 ~LIlI1' '1l/A ~~ '100,000 B CO-3240874 109-27-01 09-27-02 ICl:aV ILUn' lPlIt~ 1300,000 PRQPIJm' IWMGIi lPlIt~ I 50,000 CJoWlOf UlIIIJIY /IItr iW'IC JllnOCN..Y-I:A.~~., .~ .' . .', CJIlt&lIr~ EAACC ~"._....,'_._,.._..__ JllnO ClNL Y: K1IJ . IAOl 0CCl.lIlREHCE . IIGGMGATE . . . . III!iDl.lCTBZ III18IIDI . .......A1J l..._.... ~LIAII.nY ~ I.L EN:)! ~ . I L r8AIE -1iA IiM'lOI'&. . ..~ ~.I'OUCY L.-r . 0ft8 ~._ClF~I.. "V' '1 L..'-V-.--....c If ..r GENERAL ENGINEERING CONTRACTOR SIDEWALK IMPROVEMENTS AT ATLANTIC BLVD. "JlIIlIIIIT_ ERnFICA'" HOLDER MarrDW.~, ........, c,.-.ce I &'IIIDN .adMIt. ,......,.11. TL_""". cr-' "* --,......,. ..,.,..... ,. _ _.... ~u....ua&~.... ->>- Uft ......... ....... UI'r.......... 1'0110 110 ~ _ ............ 11'I____- CITY OF SUNNY ISLES BEACH PROCUkEHEN'l' 17070 COLLINS AVE SUITE 250 SUNNY ISLES, FL 33160 ...... ---.. .41 _J n_ ~~ . ~ 2M (11I7l . ACORD CC'JRPORAlICN 1_ ThE. H~.. tHlt ACORD CERTIFICATE OF LlABll..1TY INSURANCE J ODe 7. 280:Z P~er 1BIS CDmRCA'l1t. JSSllD) ItS AMATI'ER or 229314 JNllODtA110N ONLY AND CONJI1:IIS NO 1IIGIlI'51Jl'ON P.yEay SoltaioDI TJIE c:EIrI'IRCA1'E BOU>>:a. TBIS CDmRCA'l1t The Hartfmd DOES NOT AMEND. EXJ'END OR AL'I1!R'DIE COfl1'.lilAGE 308 FGDJilFIIA- AftORDID BYTBE POUaESIIILOW. Fu~cr ~32-191) 1-.1 '-en A<<...., (Menee PieI .k Sm. JilRrpriRs Is: ....... A: HARlFOIlD UNDERWlUTERS INSURANCE co r.urer B: 320 NIl. Ave ....... c: r.urer D: s..., 1sIes,FL ....... B: 33160 Fu:JCIS 919 11073 . UIliUKAlfCE \IE.III:lIOI'I D:)utW TO NAMED tNDlCATBD. NulWUJDTA'NDING ANY RIlQVIllI!lIlG!, 'IDRM OR CDmmaN CF ANY corJ1lACl' OR 0J1IIlR DOCtltoGlHI'wrI'H RBSPIlCTTO WH(0l THIS CIIRI'IFlCAtI! MAYJIIlSSllBD OR MAY PBKrAIN, 'nIIlINSURANCB AIlllOKDBD BY 1111I POLlQBS DBSCltIIIIlD HERIlIN IS stJBJI!CJ' TO AU. nm l'llRNS. EXa.tlSIC>>lS AND c::oNDrJlatS CF SUCH POIJCII!S. AGORIIGA'IE UMlJ'S SHOWN MAY HAVE BEBN REDUCED BY PAID C1AIMS. GetRIlII ~ lulaftr. UdJI c-cial ac-aJ Liabilily I!IcII 0I:icuP~: $ a.. M8de: JIlR ~ (.., 0JIt are): $ Oocar: Med IIlIpt3e (.., _ peaoa): S Policy NIIIIIIa: rea-J .k A4v UIbiIily: $ Policy BIIodift DtlIe: 0e.J1I.wea*: $ Policy I!Ipire Date: Prodll:lt - ~ Ala: $ GonaaJ Am'" Llmil Apple Pet: Policy: project: lOC: Am.-Me UII8tJ '-r: Ul*1 1aj AlaI: Cmd>sqte UmII(e. aa:ideIt): $ AD Oned AuIoI: lIocJlJy IJIjla)'(Pa pasoa): $ SdDIIdcd AIaIs: llodlIy lIpl}(Per AacideIt): $ HifecI AaIm: PropAy l>ImI#(Pa Accidelt): S Noao.lItd~: PoIII:y NaDer: Policy BIIIIdive DtlIe: ~ ElIDinlioa Date: G.... UII8tJ '-r: UaaID A'lIJ Aido: JvIr;J Oaly - J!A. .Al:cicIai: poliq NunIIla: ara nu AIm Ody: Policy EaecIi"" 0..: EAAa:ided: $ PoI~ l!latI.aIialI DalE: ~: $ Ea:en u.IIIIly Immer: UIIIIb Qacurr..-: EecII Oa:uneace: $ a... M8de: AaJc:pR: $ ~: Rdr8i08: $ Policy "-*s: Policy l!lIIocIift !>IDe: PoI.,o.I!latI,IIioD Dale: "...1'1 c..a.pa.adeII Jasurer .A LIdI " ~I'. UIItiIIIJ we SlRdoIy u.n.: X 0Ib0r: Policy"""" : 21WEGAI719 E.L l!IdlAa:ideE $100,000.00 Policy E&cIive Dalit: 2)..APR~ E.1. 0;._ - BA &lip"": $100.000.00 Pollev Elllin'" D..: 23-APR-m E.1. DiKac . Parliev UmI: SSOO,ooo.OO DnaIpIJ.DlII .~"'~~"""'bJ ...........uopa:W........' JOB DBSCIUJ"I1aIl:SlDl!WAUC IMPRCMlNENT AT A.nANJtC BLVD Sl.NIY ISU!S BEAC1I,FL CelldBate BeIlIer ClIIU11111eD AnN: SIIIIIdd ... allk ........ "-aibed poIicils lle C8IIllded bebe de an CF SUNNY ISUlS IIIlAal apiJatioa dIIe IIlaeof. .. .....~ "m a*ava ID _0 10 .,. 1707l1 COlLINS A.VE WlilD1IJIice II> lJe ~ lDJda .-dID .. Jd. bat fIiJme ID cD StltJ'I! 2SO so saD ..... II) ob1ipliaD.. :u.biHly of..., IliIId 1lpOiIICII! --, - SUNNY ISLPS JlE.AaI.F[. 33160 IFf OJ Ilpllllalllioa. Fa: Rcfeftan: NwliJrr: OO~19APROl AVlBORJ'lED RBPRESlWfA.11VE: ~~~O 6 *F LO? C�rY OF SUN Pao TO: FROM: DATE: RE: City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947 -0606 City Hall (305) 949 -3113 Fax (305) 947 -2150 Building Department (305) 947 -5107 Fax MEMORANDUM The Honorable Mayor and City Commission Christopher J. Russo, City Manager C_ r�~ /t � - June 20, 2002 City Commission David Samson, Mayor Danny Iglesias, Vice Mayor Norman S. Edeleup, Commissioner Gerry Goodman, Commissioner Lila Kauffman, Commissioner Christopher J. Russo, City Manager Lynn M. Dannheisser, City Attorney Richard Brown- Morilla, City Clerk PARKING AND SIDEWALK IMPROVEMENT PROJECT ATLANTIC BOULEVARD AND 183RD STREET RECOMMENDATION It is recommended that the City Commission adopt the attached resolution awarding a bid to and approving an agreement with Pios & Sons Enterprises, Inc., 320 Atlantic Avenue, Sunny Isles Beach, Florida 33160, for the Atlantic Boulevard Parking and Sidewalk Project. REASONS The City desires to create metered parking spaces and to improve the sidewalks in the vicinity of Atlantic Boulevard and 183rd Street, in furtherance of its beautification and pedestrian safety improvement efforts. As such, the City issued and advertised Request for Proposals No. 02 -04 -01 Atlantic Boulevard Turf Block Project. This project will provide additional parking on the street, which will eventually be metered for use by residents and patrons of the retail shops. Four (4) prospective bidders requested and received the bid documents, with two (2) responding. Pios & Sons Enterprises, Inc., with a base bid of One Hundred Eighty Six Thousand Dollars ($186,000.00), has been deemed the most responsive, responsible low bidder. ADDITIONAL INFORMATION The landscaping and irrigation aspects of this project will be done by existing contracts, while the cut in the wall and driveway for the Golden Strand will be done in this contract. (Please note that the Golden Strand entrance is being done pursuant to a settlement agreement with the title company). Mr. Raanan Katz had committed to providing Fifty Thousand Dollars ($50,000.00) towards this project, however, despite a written commitment and deadline, to date that money has not been received. Mr. Katz has assured me verbally that we would have the funds, once the project commenced. CJR/pw Atlantic BI%•d Turf Block Agcnda Memo 17070 Collins Avenue . Suite 250 . Sunny Isles Beach, FL 33160 TEL: 305 947 0606 . FAX: 305 949 3113 C:I I V OF SUNNY 1SLFS B F A C H CITY COMMISSION DAVID SAMSON MAYOR DANNY IGLESIAS VICE MAYOR NORMAN S. EDELCUP COMMISSIONER GERRY GOODMAN COMMISSIONER LILA KAUFFMAN COMMISSIONER Christopher J. Russo City Manager Lynn M. Dannheisser City Attorney Richard Brown - Morilla City Clerk July 8, 2002 Mr. Hector Ortiz Pios & Sons Enterprises, Inc. 320 Atlantic Avenue Sunny Isles Beach, FL 33160 Re: Bid No. 02- 04 -01, Parking and Sidewalk Improvement Project — Atlantic Boulevard & 183rd Street per Resolution No. 2002 -449. Dear Mr. Ortiz: Attached please find an executed agreement along with a certified copy of Resolution No. 2002 -449, adopted on June 20, 2002 by the City Commission, for your records. If you have any questions, please do not hesitate to contact me. Sincerely, .I< -� ) ;� —, �"Au '�( Richard Brown - Morilla City Clerk RBM:mw Attachments c: Christopher Russo, City Manager (memo only) James Watts, Public Works Director George Fisher, Grant Coordinator Clayton Parker, Building Official & Administrator Jean Watson, Finance Director Cecille Hayles, Contract Administrator (original)