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HomeMy WebLinkAboutPios & Sons Enterprises #1O� SJNNY /S<� d s ti n '_ R- 9 1>� FLOC CITY OF SUNNY ISLES BEACH [ECEIV EU AUG 1 0 7006.o6 �„ or s�x+�y I�8 ae�h OfT1ce of the Gty Clerk TOWN CENTER PARK ENTRY SIGN Prepared by: Calvin, Giordano & Associates, Inc. E X C E P T I O N A L S O L U T I O N S CGA Project No. 05 -5564 City of Sunny Isles Beach Bid No. 06 -06 -03 July 2006 SET OR BIDDING PURPOSES ONLY r� SECTION 00300 BID FORM Bid of Address % �.) A "a4 tL A7[ , Phone • q11) - 02- �F) '3oS , cj j`j . 9 u j 3 To furnish all materials, equipment and labor and to perform all work in accordance with ' the Contract Documents for construction of: PROJECT NAME located in the CITY OF SUNNY ISLES BEACH. To: CITY OF SUNNY ISLES BEACH 18070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 The undersigned Bidder has carefully examined the Bidding Documents and the site of the proposed work and is familiar with the nature and extent of the work and any local conditions that may in any manner affect the work to be done. The undersigned Bidder agrees to do all the work and furnish all materials called for by the ' Bidding Documents, in the manner prescribed therein and to the standards of quality and performance established by the Engineer for the unit price amounts stated in the spaces herein provided, for each of the items or combination of items stipulated. Unit price line ' items shall include cost of implementing all applicable safety requirements. Bidder acknowledges that estimated quantities scheduled are approximated for the sole purpose of obtaining comparative bids for determination of the lowest responsible bidder and actual n 1 j quantities required may increase or decrease. Bidder further agrees that payments will be made on the basis of actual quantities placed and accepted in the construction 07/06 00300 -1 05 -5564 TOWN CENTER PARK ENTRY SIGN UNIT PRICE BID SCHEDULE Item Estimated No. Description Quantity Unit Unit Price Estimated Amount 1. Furnish and install concrete entry sign, including but not limited to, columns, footings, concrete, reinforcement, finishes, logo, lettering, permitting and testing. 2. Furnish and install concrete pavers. 3. Furnish and install in- ground lighting, including but not limited to, trenching, backfilling, conduits, electrical connections, installation of sod and testing. 4. Tree relocation, removal and replacement of plant material and installation of palms. 5. Irrigation restoration including repairs and adjustments to all disturbed areas and testing. 6. Mobilization and demolition of all equipment and personnel. SUBTOTAL GENERAL GRAND TOTAL (Items 1 -6) (Autl jorized Signature) c �► 1 LS $57-0, �5 ?0 104 SF I? 0 iO0 $­31'?_&' o6 1 LS D S . C�iX) L� ) 5, (�CX • �= 1 LS -PrSCCC %, ()C _,t6 C()C)• CG 1 LS* UU GD 1 LS' �3m, oo �PS tom, 00 $ -j-7, coo (Written) co s 17,t� 0, (Date) 07/06 00300 -2 05 -5564 ' BID SECURITY Accompanying this Bid is a certified or cashier's check or a bid bond in the amount of $ 5% of the bid or $5,000.00, whichever is less made payable to the Owner which may be forfeited as liquidated damages if, in the event this proposal is accepted, the undersigned fails to execute the Agreement and furnish and pay for the required performance and ' payment bonds for the Owner within 10 days after acceptance of the Bid; otherwise said certified or cashier's check or bid bond will be returned to the undersigned. The undersigned Bidder agrees to commence work within 10 days after the date of written Notice to Proceed, and further agrees to substantially complete the work within 120 consecutive calendar days after the date of written Notice to Proceed, subject to such extensions of time allowed by the Conditions of the Contract. The undersigned Bidder also agrees to complete the entire work within 150 days after the Contract time commences to run. The undersigned Bidder agrees that this Bid shall be good and may not be withdrawn for a period of 60 days after the scheduled closing time for receiving bids. The undersigned agrees to forfeit to the Owner, as liquidated damages for each calendar day elapsing between the date established as the date of substantial completion and the actual date of such substantial completion of the contract work, the amount of $500.00 per calendar day. The undersigned further agrees to forfeit to the Owner, as liquidated damages for each calendar day elapsing between the date established as the date of final completion and the actual date of final completion of the contract work, the amount of $500.00 per calendar day. 07/06 00300 -3 05 -5564 SECTION 00900 Addendum No. 1 (July 19, 2006) to Contract documents CITY OF SUNNY ISLES BEACH TOWN CENTER PARK ENTRY SIGN CGA PROJECT NO. 05 -5564 CITY BID NO. 06 -06 -03 To All Bidders: Bidders for the above - referenced project shall take note of the following changes, additions, deletions, clarifications, etc. to the Plans and Specifications, which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. IN THE CONTRACT DOCUMENTS: 1. In Document 00020 — Notice to bidders, the mandatory pre -bid is here amended to be a non - mandatory pre -bid meeting, attendance is not required to submit a bid, but is highly recommended. All other documents, specifications, drawings, terms and conditions remain the same. Bidders must acknowledge receipt of Addendum on Page 00300 -4. END OF SECTION 07/06 900 -1 05 -5564 1 1 1 1 1 1 1 1 1 1 1 1 1 ADDENDA Bidder ackn wledges the receipt of Addendum No.'s 1 . 3. n, ,4.. 5. Dated this day of A-k4�-, � `�' e . (mod ) (year) _9 Contractor: ©Z' AwAddress: l SEALS I�lh I�CUV'1 i�1 C� Attachments: Subcontractor List Bid Security Trench Safety Act documentation 07/06 END OF DOCUMENT 00300 -4 05 -5564 DOCUMENT 00401 BID BOND BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (Name and Address): CITY OF SUNNY ISLES BEACH 18070 Collins Avenue Sunnv Isles Beach. Florida 33160 BID BID DUE DATE: PROJECT (Brief Description including Location): BOND BOND NUMBER: DATE: (Not later than Bid Due Date): PENAL SUM: IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative. BIDDER SURETY (Seal) Bidder's Name and Corporate Seal By: Attest: Signature and Title Surety's Name and Corporate Seal By: Attest: (Seal) Signature and Title (Attach Power of Attorney) Signature and Title Signature and Title Note: (1) Above addresses are to be used for giving required notice. (2) Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. Bid Bond 00401 -1 7 1 1 1 LF� 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to Owner upon default of Bidder any difference between the total amount of Bidder's bid and the total amount of the bid of the next lowest, responsible and responsive bidder as determined by Owner for the Work required by the Contract Documents, provided that: 1.1. If there is no such next lowest, responsible and responsive bidder, and Owner does not abandon the Project, then Bidder and Surety shall pay to Owner the penal sum set forth on the face of this Bond, and 1.2. In no event shall Bidder's and Surety's obligation hereunder exceed the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents. This obligation shall be null and void if: 3.1. Owner accepts Bidder's bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents, or 3.2. All bids are rejected by Owner, or 3.3. Owner fails to issue a notice of award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default by Bidder and within 30 calendar days after receipt by Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. IBid Bond 5. Surety waives notice of and any and all defenses based on or arising out of any time extension to issue notice of award agreed to in writing by Owner and Bidder, provided that the total time for issuing notice of award including extensions shall not in the aggregate exceed 120 days from Bid Due Date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default, as required in Paragraph 4 above, is received by Bidder and Surety and in no case later than one year after Bid Due Date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable provision of this Bond conflicts with any applicable provision of any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "bid" as used herein includes a bid, offer or proposal as applicable. 00401 -2 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 to T k9- C`� �� n .1 SVl� Rlle by Q jk, f DC 2 r2 ,1 ka n ame of the public entity] [Vnt for individ ' Ana )- d � wa [print name of entity submitting sworn st tement] 1 1 whose business address is -Z& A Han-kc AQ 331 Qb and (if applicable) its Federal Employer Identification Number (FEIN) is —L21 q r7 7 (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 Statues, 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, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an affiliate as defined in Paragraph 287.133(l)(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. Form PUR 7068 (Rev. 06/11 /92) 00402 -1 1 , 6. Based on information and belief, the statement which I have marked below is true in relation to the entity ' submitting this sworn statement. [Indicate which statement applies] 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 has 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 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 has 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 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 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 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. W�v [signature] ' Sworn to and subscribed before me this day of fi A(A / i , 20 c- ' Personally known >C OR Produced identification Notary ublic - State of Maria E. Lora My commis�.�cp�� �nnic��cc T e of identification *: *- i s: (YP ) �. Expires: Oct 10, 2006 •..• (Printed type' �or�tarwpedc Bonding Co., inc. commissioned name of notary public) Form PUR 7068 (Rev. 06/11/92) 00402 -2 DOCUMENT 00403 TRENCH SAFETY ACT (90 -96, Laws of Florida) Bidder acknowledges that included in the appropriate bid items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90 -96, Laws of Florida) effective October 1, 1990. The bidder further identifies the costs of such compliance to be summarized below: Trench Safety Measure (De cription) A. fJ %fi B. C. D. Unit of Unit Unit Extended Measure (Quantity) Cost Cost Total $ If applicable, the Contractor certifies that all trench excavation done within his control in excess of five feet in depth shall be in accordance with the Florida Department of Transportation's Special Provisions Article 125 -1 and Subarticle 125 -4.1 (TRENCH EXCAVATION SAFETY SYSTEM AND SHORING, SPECIAL - TRENCH EXCAVATION). Failure to complete the above may result in the bid being declared non - responsive. Contractor agrees that the above safety compliances and costs are included in his bid package. Signature of Bidog Contract END OF DOCUMENT 07/06 00403 -1 05 -5564 DOCUMENT 00420 INFORMATION REQUIRED FROM BIDDERS GENERAL INFORMATION The Bidder shall furnish the following information. Failure to comply with this requirement may cause its rejection. Additional sheets shall be attached as required. 1. Contractor's Name /Address: pfos (4 stMS ��T �S�-1 �r1 C C S,rnr L-J I Clot B?a I✓1. 3s 1 �� 2 3 4. 5 Io 7 91 Contractor's Telephone Number: AK, 9Iq..gCO(D2 Contractor's License: Primary Classification: Number of years as a Contractor in construction work of the type involved in this Contract: 17 �-401VS� List the names and titles of all officers of Contractor's firm: Name of person who nspected site or proposed work for your firm: Name: �(/ or.h Z, Date of Inspection: ! IV cq Z What is the last project of this nature you have completed? kJ Have you ever failed to complete work awarded to you; if so, where and why? {� 1�0 07/06 00420 -1 05 -5564 � y � ,o t Ng�a��m!t a three individuals or corporations for which you have performed work and to which you rR T Gl�.C-�q C 4� P gam List the following information concerning all contracts on hand as of the date of submission of this proposal. (In case of co- venture, list the information for all co- ventures). NAME TOTAL CONTRACTED % OF CONTRACT DATE OF COMPLETION PROJECT CITY VALUE ^COMPLETION TO DATE lu�?n OF ilia Si rum :5M,-C)m .Zc -o�aC (Continue list on inset sheet, if necessary) What teequipme�t do you own that is available for the work? What equipment will you purchase for the proposed work? O&Z' NOTE: Attach additional sheets if required. If requested by the City, the Bidder shall furnish a notarized financial statement, references and other information, sufficiently comprehensive to permit an appraisal of his current financial condition. 00420 -2 05 -5564 LIST OF SUBCONTRACTORS The Bidder SHALL list below the name and address of each Subcontractor who will perform work under this Contract in excess of one -half percent of the total bid price, and shall also list the portion of the work which will be done by such Subcontractor. After the opening of Proposals, changes or substitutions will be allowed with written approval of the City of Sunny Isles Beach. Subcontractors must be properly licensed. Work to be Performed Subcontractor's Name /Address 2. 3. 4. 5. Cy rj F3 91 10. NOTE: Attach additional sheets if required. 07/06 00420 -3 05 -5564 EJCDC ' STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE 1 THIS AGREEMENT is dated as of the between CITY OF SUNNY ISLES BEACH (hereinafter called CONTRACTOR). day of in the year 20 (hereinafter called OWNER) and by and OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Article 2. ENGINEER. The Project has been designed by: who is hereinafter called ENGINEER and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES. 3.1. The work will be substantially completed within 120 calendar days after the date when the Contract Times commence to run completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions within 150 calendar days after the date when the Contract Times commence to run. 3.2. LIQUIDATED DAMAGES. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER One Thousand Five Hundred and 00/100 dollars ($1500.00) for each day that expires after the time specified in paragraph 3.1 for each Substantial Completion date until the Work is substantially complete. If CONTRACTOR shall neglect, refuse or fail to complete the project by the project completion date within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER One Thousand and 00/100 dollars ($1000.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. EJCDC STANDARD FORM OF AGREEMENT 00500 -1 IArticle 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 4.1 below: ' FOR A LUMP SUM CONTRACT OF: TOTAL BASE BID (Lump sum, Unit prices, and contingency items) 1 (use words) ($ ) figures As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by ENGINEER as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 1 1.03.13 of the General Conditions. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. Progress Payments; Retainage. OWNER shall make progress payments on account of the contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the last day of each month during construction as provided in paragraphs 5.1.1. and 5.1.2. below. All such payments will be measured by the schedule of values established in paragraph 2.07 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions. 90 % of Work completed (with the balance being retainage). If Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 90 % (with the balance being retainage) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.02 of the EJCDC STANDARD FORM OF AGREEMENT 00500 -2 General Conditions and within Section 9 -6.5 partial payments as provided in FDOT Standard Specifications for Road and Bridge Construction. 5.1.2. When circumstances beyond the CONTRACTORS control arise (as determined by the OWNER) the OWNER may allow the total payment to the CONTRACTOR to increase to 98% of the contract price (with the balance being retainage), less such amounts as ENGINEER shall determine, only after receipt of the final as- builts and upon substantial completion of the project and in accordance with Paragraph 14.02 of the General Conditions. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07. Article 6. INTEREST. (Not Applicable) Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents including "technical data." 7.2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 7.3. CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. 7.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1. of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extend of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. EJCDC STANDARD FORM OF AGREEMENT 00500 -3 Pi 7.5. CONTRACTOR is aware of the general nature of work to be performed by OWNER and ' others at the site that relates to the Work as indicated in the Contract Documents. 7.6. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.7. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1. This Agreement (pages 1 to 9, inclusive). 8.2. Exhibits to this Agreement (page) A inclusive). 8.3. Performance, Payment, and other Bonds, identified as exhibits 00600 and 00601 and consisting of 4 pages. 8.4. Notice to Proceed. 8.5. General Conditions (pages 00700 -1 to 00700-41, inclusive). 8.6. Supplementary Conditions (pages 00800 -1 to 00800 -7, inclusive) and any amendments thereto. 8.7. Specifications bearing the title Town Center Park Entry Si and consisting of 16 divisions. 8.8. Drawings consisting of a cover sheet and sheets numbered as specified in the Drawing Index INX -1. 8.9. Addenda inclusive. 8.10. CONTRACTOR's Bid. 8.11. Documentation submitted by CONTRACTOR prior to Notice of Award (pages N/A to N/A inclusive). 8.12. The following which may be delivered or issued after the Effective Date of the ' Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraph 3.04 of the General Conditions. ' 8.13 Amendments and Additions to the Standard General Conditions of the Construction Contract and the Supplementary Conditions, identified as exhibits and and consisting of pages. EJCDC STANDARD FORM OF AGREEMENT 00500 -4 ' The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 13. The Contract Documents may only be amended, modified or supplemented as provided in paragraph 3.04 of the General Conditions. Article 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract ' Documents will be binding on another party thereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or ' responsibility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.5.3. The CONTRACTOR agrees to maintain in force at all times during the life of the construction, public liability insurance, by separate certificate, in an amount not less than $ 1,000,000 for injuries, including willful death, to any one person and subject to those same limits for each person, in an amount not less that $ 1,000,000 for damages as a result of each occurrence and property damage insurance and in an amount not less than $ 1,000,000 for IEJCDC STANDARD FORM OF AGREEMENT 00500 -5 9.4. Any provisions or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree ' that the Contract Documents shall be reformed to replace such stricken provisions or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. ' 9.5. OTHER PROVISIONS. 9.5.1. DRAWINGS DESCRIPTION SHEET NO. ' See Document 0004 9.5.2. In accordance with the indemnification provision contained in the General Conditions, ' the CONTRACTOR agrees to indemnify and save harmless the CITY OF SUNNY ISLES BEACH, and their agents and employees, from or on account of any injuries or damages received or sustained by any person or person during or on account of any operations connected with the construction of all Work; or by or in consequence of any negligence in connection with the same; or by use of any improper materials or by or on account of any act or omission of the said Contractor, subcontractor, agents, servants, or employees; and 9.5.3. The CONTRACTOR agrees to maintain in force at all times during the life of the construction, public liability insurance, by separate certificate, in an amount not less than $ 1,000,000 for injuries, including willful death, to any one person and subject to those same limits for each person, in an amount not less that $ 1,000,000 for damages as a result of each occurrence and property damage insurance and in an amount not less than $ 1,000,000 for IEJCDC STANDARD FORM OF AGREEMENT 00500 -5 ' damages on any one occurrence. Such policy shall specifically protect the CITY OF SUNNY ISLES BEACH, AND their agents and employees, by making them an additional insured, and shall not be modified or canceled without thirty (30) days written notice to the CITY OF SUNNY ISLES BEACH. 9.5.4 Should the final completion and acceptance of the work herein embraced together with any modification or additions be delayed beyond the time herein set because of lace of performance by the Contract, it is understood and agreed that aside from any other liquidated damage per day for such delay from such time until the work is completed and accepted as herein provided, all costs of engineering and inspection on behalf of the Owner will be charged to the contractor and deducted from any estimate or payment otherwise due and payable to him from time to time. The costs of engineering and inspection which may be charged to the Contractor by the Owner under this article shall be equal to the Engineer's charges to the Owner. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in Five (5) parts. ' One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on 20 (which is the Effective Date of the Agreement). ATTEST: By [CORPORATE SEAL] [CORPORATE SEAL] Address for giving notices License No. Agent for service of process ' (If CONTRACTOR is a corporation, attached evidence of authority to sign). r 1 IEJCDC STANDARD FORM OF AGREEMENT 00500 -6 SIGNATURE PAGE FOR CONTRACTS /AGREEMENTS CITY EXECUTIONS IN WITNESS WHEREOF, the parties hereto have made and executed this (Agreement or Contract) on the respective dates under each signature: City of Sunny Isles Beach through its City Commission, signing by and through its Mayor, authorized to execute same by Commission action on the day of and CONTRACTOR authorized to execute same. ATTEST: CITY OF SUNNY ISLES BEACH, through its City Commission By: Norman S. Edelcup, Mayor Jane Hines, City Clerk Approved as to form and legality by By: Office of the City Attorney By: Hans Ottinot, City Attorney day of ,2006 day of ,2006 John A. Szerlag, City Manager day of 2006 (CITY SEAL) EJCDC STANDARD FORM OF AGREEMENT 00500 -7 r CERTIFICATE AS TO CORPORATE PRINCIPAL 1 �I I,�� Q S 2 ✓` } certify that I am the ate— of S ,j and that C 2 who signed the Bid with City of Sunny Isles, r �o Dade County Florida for City Bid No. rJ��Zfi� ris 4�r_+c' - of said Corporation with full authority to sign said Bid on behalf of the Corporation. r Signed and sealed this E5 day of Av��Us -� , 20� 1 ' (SEAL) Signature AvAck Typed w/Title ' STATE OF FLORIDA COUNTY OF DADE 1 1 SWORN TO AND SUBSCRIBED before me this Q day of � iA �-I , 20M? 1 t rEJCDC STANDARD FORM OF AGREEMENT 00500 -8 �Yp4 .Maria E. Lora My Commission Expires: - Commission #DDIS ' * *= Expires: Oct 1040 Bonded Thru Atlantic Bon Notary Public r 1 t rEJCDC STANDARD FORM OF AGREEMENT 00500 -8 CERTIFICATE AS TO AUTHORIZED CORPORATE PERSONNEL certify that I am the of who signed the Bid with City of Sunny Isles Beach, Dade County Florida for the project titled , Consultant Project No. , and that the following persons have the authority to sign payment requests on behalf of the Corporation: (Signature) (Signature) (Signature) Signed and sealed this day of (SEAL) , 20, (Typed Name w /Title) (Typed Name w/Title) (Typed Name w/Title) Signature Typed w/Title STATE OF FLORIDA COUNTY OF DADE SWORN TO AND SUBSCRIBED before me this _ day of My Commission Expires: Notary Public , 20_ EJCDC STANDARD FORM OF AGREEMENT 00500 -9