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HomeMy WebLinkAboutPios & Sonst t t 1 1 1 1 i 1 1 1 f 1 t 1 1 i 1 i CITY OF SUNNY ISLES BEACH r VED JAN 2 4 200? a l.- �''Y or s„ Urge of Ges Bead; °-----r_ry Gerk Town Center Park Restrooms and Lighting Improvements 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. 06 -5723 City of Sunny Isles Beach Bid No. 06 -12 -01 December 2006 SET 12w... FOR BIDDING PURPOSES ONLY CITY OF SUNNY ISLES BEACH Town Center Park Restrooms and Lighting Improvements Contract Documents and Specifications 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. 06 -5723 City of Sunny Isles Beach Bid No. 06 -12 -01 December 2006 December 2006 i 06 -5723 TABLE OF CONTENTS TOWN CENTER PARK RESTROOMS AND LIGHTING IMPROVEMENTS CGA Project No. 06 -5723 City of Sunny Isles Beach Bid No. 06-12-01 BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE CONTRACT DOCUMENTS 00004 List of Drawings 00020 Notice to Bidders 00100 Instructions to Bidders 00300 Bid Form 00401 Bid Bond 00402 Public Entity Crimes Affidavit 00403 Trench Safety Act 00420 Information Required from Bidders 00500 EJCDC Standard Form of Agreement 00600 Payment Bond 00601 00650 Performance Bond Acknowledgment of Conformance with O.S.H.A. Standards 00700 General Conditions 00800 Supplementary Conditions 00900 Addenda SPECIFICATIONS 01010 Summary of Work 01015 General Requirements 01021 Cash Allowances 01025 01030 Measurement for Payment Special Project Procedures 01050 Field Engineering 01370 Schedule of Values 01380 Construction Photographs 01410 Testing and Testing Laboratory Services 01505 Control of Work 01510 Temporary Utilities 01532 Tree and Plant Protection 01540 Security 01550 Site Access and Storage I 01570 01600 Traffic Regulation Material and Equipment December 2006 i 06 -5723 01701 01720 01721 01740 02100 02200 02276 02280 02484 02487 02510 02817 03251 03300 13125 Project Closeout Project Record Documents Disinfection and Bacteriological Testing Warranties and Bonds Site Preparation Earthwork Temporary Erosion and Sedimentation Control Soil Treatment Soil Preparation and Soil Mixes Sodding Walkways Clearing and Grubbing Joints Cast - in - Place Concrete All Steel Gable Restroom and Office Shelter Technical Specifications December 2006 ii 06 -5723 Document 00004 LIST OF DRAWINGS Town Center Park Restrooms and Lighting Improvements 06 -5723 Cover Sheet and Location Map SHEET NO. TITLE C100 Engineering Plans C101 Engineering Details and General Notes E100 Photometric Plan E101 Power Plan E102 Electrical Riser and Panel Schedules END OF LIST OF DRAWINGS December 2006 00004 -1 06 -5723 ' SECTION 00020 NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that the CITY COMMISSION of THE CITY OF SUNNY ISLES BEACH is seeking sealed bids for the following work as specified. 1 TOWN CENTER PARK RESTROOMS AND LIGHTING IMPROVEMENTS CGA Project No. 06 -5723 City of Sunny Isles Beach Bid No. 06 -12 -01 Sealed bids for the construction of the Town Center Park Restrooms and Lighting Improvements consisting of furnishing and installing a prefabricated restroom building and lighting throughout the park in accordance with requirements of the Contract Documents will be received by the Owner, City of Sunny Isles Beach. Bids shall be on a unit price basis; segregated bids will not be accepted. Sealed bids will be received by the City Clerk until 10:00am, on Wednesday, January 24, 2007 at the City of Sunny Isles Beach, City Hall located at 18070 Collins Avenue, Sunny Isles Beach, Florida, 33160. Bids received after this time will be returned unopened. Bids submitted will be opened publicly and read aloud at this time. ' A Pre -Bid Conference is scheduled for 10:00am, Wednesday, January 10, 2007 at the City of Sunny Isles Beach, City Hall located at 18070 Collins Avenue, Sunny Isles Beach, Florida 33160, (305) 947 -0606. Attendance to the meeting is not mandatory but highly recommended. Bidders may obtain complete sets of Bidding Documents from the City of Sunny Isles Beach at 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 at no cost. Partial sets of Bidding Documents will not be available. Bidding Documents may be examined at the City of Sunny Isles Beach, at the above - referenced address. ' Bid security n the amount of five percent 5% of the Total Bi Y p ( ) d or $5,000.000, ' whichever is less, must accompany the Bid in accordance with the Instructions to Bidders. December 2006 00020 -1 06 -5723 The Owner reserves the right to reject any or all Bids, with or without cause, to waive technical errors and informalities, and to accept the Bid, which best serves the interest of the Owner. For further information, contact the office of the City Engineer c/o Calvin, Giordano & Associates, Inc. at (954) 921 -7781. Jane Hines City Clerk City of Sunny Isles Beach Publish Dates: December 20, 2006 END OF DOCUMENT December 2006 00020 -2 06 -5723 SECTION 00100 INSTRUCTIONS TO BIDDERS 1. DEFINITION OF TERMS 1.1 Bidding Documents - these include the Advertisement for Bid, Instructions to Bidders, Bid Form, sample bidding and contract forms, proposed Contract Documents as defined in the General Conditions and any Addenda issued prior to receipt of bids. 1.2 Total Base Bid - the amount stated on the Bid Form for which the Bidder offers to perform the Work as described in the Bidding Documents. 1.3 Unit Price Bid - the amount stated in the Bid Form as a price per unit of measurement for materials or labor as described in the Bidding Documents. 1.4 Addenda - written and graphic documents issued by the Engineer prior to the execution of the Contract to modify or interpret the Bidding Documents. 1.5 General Conditions — 2002 Version of the Standard General Conditions of the Construction Contract. 1.6 Any Capitalized terms contained here -in (e.g. Owner, Engineer, Work, Agreement, Contract) and is not defined above are contained in the General Conditions Article 1 — Definitions and Terminology. 2. BIDDING DOCUMENTS 2.1 Complete sets of Bidding Documents may be obtained from the office of the City Clerk as stated in the Advertisement for Bid. 2.2 Complete sets of Bidding Documents shall be used by Bidders in preparation of Bids; neither the Owner nor the Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets. 2.3 Bidding documents consist of this project manual along with the following construction plans titled: a. Town Center Park Restrooms and Lighting Improvements Bid No. 06 -12 -01 CGA Project No. 06 -5723 3. EXAMINATION OF DOCUMENTS AND SITE 3.1 Bidders shall visit the site of the proposed work and become familiar with the nature and extent of work to be performed and local conditions that may affect the work. 3.2 The Bidding Documents were prepared to present an essentially accurate representation of existing conditions, interpreted from available information on the site. The Bidder is not relieved, however, of the responsibility of becoming fully informed as to existing conditions at the site. December 2006 - 00100 1 06 -5723 t3.3 Bidders shall examine existing site improvements, and conditions, utilities, and streets to determine all conditions, which will affect the Work. 4. INTERPRETATION OF BIDDING DOCUMENTS 4.1 All questions requiring clarification or interpretation of the Bidding Documents shall be ' made in writing and shall reach the office of the Owner at least 5 days prior to the date for receipt of bids. Direct all requests to the attention of the Project Engineer at Calvin, Giordano & Associates, Inc., 1800 Eller Drive Suite 600, Fort Lauderdale, FL 33316; Fax: 954 - 921 -8807; Phone: 954 - 921 -7781. 4.2 Any modification or interpretation of the Bidding Documents will be made by Addendum to all who are recorded by the Engineer as having received a complete set of Bidding Documents. 4.3 Interpretations or modifications of Bidding Documents made in any manner other than by Addendum will not be binding. 4.4 A Bidder, prior to submitting his Bid, shall ascertain that he has received all Addenda iissued, and shall acknowledge their receipt in the Bid Form. 5. SUBSTITUTIONS 5.1 Bidders represent that their Bid is based upon the materials and equipment described in the Bidding Documents. 5.2 Requests for substitutions will be considered prior to receipt of bids if they reach the Engineer at least 5 days prior to the date for receipt of bids. 5.3 Acceptance by the Engineer of a proposed substitution will be issued in the form of an Addendum or Substitution Request Form. ' 6. QUALIFICATION OF BIDDERS 6.1 If requested, the Bidder shall submit to the Engineer, prior to award of contract, a properly completed Contractors Qualification Statement, along with any other evidence of his satisfactory experience and ability to perform the proposed Work. 6.2 If requested by the Owner, the Bidder shall submit a certified financial statement, prepared within the past 30 days, indicating current financial resources, liabilities, capital equipment, and past history performance. ' following 6.3 Bidders may be disqualified and their bids rejected for any of the specific reasons: ' Reason believe that Bidders. a. to collusion exists among b. Determination of lack of competency as may be revealed by qualification statements, financial statements, experience records, or other questionnaires. 1 C. The Bidder's uncompleted work load which in the judgment of the Owner, may cause detrimental impact on prompt completion of this project. d. The Bidder is involved in any litigation against the Owner. ' December 2006 00100 -2 06 -5723 it e. The Bidder has defaulted on any previous contract or is in arrears on any existing contract. f. The submittal of more than one proposal from an individual, firm, partnership, ' corporation or association under the same or different names. g. The Bidder, or its principals, have outstanding code enforcement violations with the City of Sunny Isles Beach. 6.4 It shall be a requirement of this bid that there are no related party transactions between the bidder and any employee, agent or contractor of the City of Sunny Isles Beach. Any bidder who is a related party, as noted herein, will be considered non- responsive and the proposal and bid bond will be immediately returned. A bidder will be considered a related party if the bidder has an ownership interest or is in any way related to an employee, agent, consultant or contractor of the City, is a sub - consultant of an employee, agent, consultant or contractor, and can influence the management or operating policy of the other to an extent that one of the transacting parties might be prevented from fully ' pursuing its own separate interests. 7. PERFORMANCE OF WORK BY CONTRACTOR: 1 7.1 The Contractor shall perform on the site and with his own forces, work equivalent to at least forty percent (40 %) of the total amount of work to be performed under this contract. After the contract is awarded, and during the progress of the work, the Owner reserves the right to reduce the percentage of work performed by the contractor's own forces. 8. BID PREPARATION ' 8.1 Prepare bids on the forms provided by the Engineer with all blanks on the Bid Form filled in by typewriter or written in ink. 8.2 State total base bid amount in both words and figures. In case of a discrepancy between the two, the amount written in words shall govern. ' 8.3 Bids shall include the legal name and address of the Bidder and indicate whether the Bidder is a sole proprietor, a partnership, a corporation, or other legal entity. a. Individual - provide name and post office address. b. Partnership - provide name and post office address of each member of the partnership. C. Corporation - provide name and post office address of person signing the form and legal evidence of his authority to do so; names and addresses of the corporation president, secretary and treasurer; name of state where chartered; and affixed with the seal of the corporation, attested by the secretary. 8.4 Bids shall include documentation required by the Florida "Trench Safety Act." The ' Trench Safety Act form is included within the Bid Form Section for completion by the Contractor and review by the Owner. The unit prices presented in the Bid shall include the Bidders cost of compliance with the applicable trench safety standards. 8.5 All Unit Price Bids requested on the Bid Form shall be bid. 1 IDecember 2006 00100 -3 06 -5723 Ll 9. BID SUBMITTAL 1 9.1 Submit one (1) original and five (5) copies of the Bid Form, the bid security, the list of Subcontractors, and other requested attachments, enclosed in a sealed opaque envelope, addressed to the entity receiving the bids as stated in the Advertisement for Bids. The envelope shall be further identified with the Project name, the Bidder's name and address, and the words "BID ENCLOSED ". 9.2 Deposit Bids at the designated location on or before the time and date for receipt of Bids indicated in the Advertisement for Bids. Bids received after the time and date indicated for receipt of Bids will be returned unopened. 10. BID SECURITY 10.1 Each Bid shall be accompanied by a cashiers check drawn on any State or National Bank in Florida, or an acceptable Bidders Bond, payable unconditionally to the Owner, in an amount of five percent (5 %) of the amount of the total Bid or $5,000.00, whichever is less. 1 10.2 Failure of the successful Bidder to enter into the Contract in accordance with his Bid, or failure to furnish the required bonds will be just cause for an annulment of the award with the amount of the bid security being forfeited to the Owner as liquidated damages, not as a penalty. 10.3 Should a Bid Bond be used, acceptable surety companies shall be determined from the latest United States Treasury Department's list of companies holding certificates of authority as acceptable Sureties on Federal Bonds. Requirements for Acceptable Surety Companies are outlined in Item 15.4. 10.4 The Owner may retain the bid security of those Bidders to whom an award may be considered until successful execution of the Contract and bonds; or the specified time for ' holding bids has elapsed; or all Bids have been rejected. H. . MODIFICATION AND WITHDRAWAL OF BID 11.1 Prior to the tine of bid opening, a Bidder may withdraw his Bid at any time, but may not resubmit it. Bids may not be modified after submittal. 11.2 After the bid opening, no Bid may be withdrawn, canceled or modified for a period of 90 days after the time and date designated for the receipt of bids. 1 12. OPENING OF BIDS 12.1 Bids submitted will be opened publicly and read aloud at the time and place stated in the ' Advertisement for Bids. 13. GOVERNING LAWS AND REGULATIONS 13.1 Bidders shall be familiar with all federal, state, and local laws, ordinances, rules, and regulations that may in any way affect the Work. December 2006 00100 -4 06 -5723 t13.2 Trench Safety Act: The Occupational Safety and Health Administration excavation safety standards, 29 CFR 1926.650 Subpart P trench safety standards will be in effect during the i period of construction of the Project. In compliance with current State of Florida statutes, the Bidder shall provide documentation required by the Florida Trench Safety statute to the Owner, in conjunction with the Bid Form. ' 14. LIQUIDATED DAMAGES 14.1 The Owner may incur financial loss if the Work is not substantially complete by the date 1 set forth in the Agreement. The Contractor (and his Surety) shall be liable for liquidated damages in accordance with the Supplementary Conditions and the Agreement. 15. PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND 15.1 With the execution and delivery of the Contract, the Bidder shall furnish the following Surety bonds of the forms contained herein: a. Performance Bond guaranteeing full and faithful execution of the Work in an amount equal to 100 percent of the Contract Sum, and including guaranteed repair and maintenance of all defects due to faulty materials and workmanship that appear within one year after completion of contract. b. Labor and Material Payment Bond guaranteeing full and proper protection of all claimants supplying labor and materials in the Work in an amount equal to 100 percent of the Contract Sum. ' 15.2 Bonds shall be executed by Surety authorized to do business in the State of Florida and listed on the latest U.S. Treasury Department list of companies holding certificates of authority as acceptable sureties on Federal Bonds. 15.3 Bonds executed by an Attorney -in -Fact on behalf of the Surety, shall have affixed thereto a certified and current copy of Power of Attorney, indicating the monetary limit of such ' power. 15.4 Qualifications: As to companies being rated acceptable: A Bid Bond and Performance and Payment Bond must be executed by a Surety Company of recognized standing, authorized to do business in the State of Florida and having been in business with a record of successful continuous operation for at least (5) years. h1 addition to the above — minimum qualifications, the Surety Company must meet the following additional qualifications. ' 1. The City will accept a surety bond fi-om a company with a rating of B ++ or better for bonds up to $1 million, provided, however, that if any Surety Company appears on the watch list that is published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the City shall review and either accept or reject the Surety Company based on the financial information available to the City. A Surety Company that is rejected by the City may be substituted by the bidder or proposer with a surety company acceptable to the City, only if the bid amount does not increase. IDecember 2006 00100 -5 06 -5723 a. The Surety Company shall have at least the following minimum ratings: Amount of Bond Policyholder's Rating Financial Size CategorX 1 100,000 to 1,000,000 B ++ Class V or higher 1,000,001 to 2,000,000 A- Class VI or higher 2,000,001 to 5,000,000 A Class VII or higher b. All Surety Companies are subject to review and approval by the Owner and may be rejected without cause. All bonds signed by an Agency must be accompanied ' by a certificate of authority to act. 15.5 The Surety Company shall submit verification from the Department of Insurance Office of the Treasurer stating the surety company's license and certificate of authorization to do business in the State of Florida. 16. SUBCONTRACTOR LIST 16.1 In conjunction with the Bid Form, Bidder shall submit a list of names of the subcontractors and major material suppliers proposed for the principal portions of the Work. Submit list on form provided by the Engineer. 16.2 Prior to award of Contract, the Owner will notify the Bidder in writing if they have an objection to any person or entity listed. Upon such reasonable objection, the Bidder shall propose an acceptable substitute person or entity in accordance with Article 6.06 of the General Conditions. 17. BID PROTEST 17.1 In the event of a timely protest, the City Manager or his /her designee shall stay the award of the contract unless, after consulting with the City Attorney and the affected director, he /she determines that the award of the contract without delay is necessary to protect ' substantial interests of the Owner. 17.2 The city shall require a deposit from a protester to compensate the Owner for the ' expenses of administering the protest. If the protest is decided in the protester's favor, the entire deposit shall be returned to the protester. If the protest is not decided in the protester's favor, the deposit shall be forfeited to the Owner. The deposit shall be in the form of a cashier's check and shall be in the amount of I% of the amount of the pending ' award, with a minimum deposit of $500 and a maximum deposit of $10,000. 18. CONTRACT AWARD AND EXECUTION ' 18.1 Until final award of Contract, the Owner reserves the right to reject any and all Bids, with or without cause; to waive any informality or irregularity; or to accept the Bid which is in the best interest of the Owner. 18.2 It is the intent of the Owner to award a Contract to the lowest responsible Total Base Bidder whose Bid is in conformance with the Bidding Documents and does not exceed the funds available. IDecember 2006 00100 -6 06 -5723 ' 18.3 Upon acceptance of a Bid and award of the Contract, the successful Bidder shall deliver the executed Contract, along with required bonds and any other items requested, to the Owner within 10 days. Failure to do so will be deemed as a breach of agreement by the 1 Bidder and result in forfeiture of bid security as described in the Instructions to Bidders. 18.4 The Owner reserves the right to hold all proposals and bid guarantees for a period not to exceed 90 days after the date of bid opening stated in the Advertisement for Bids. 18.5 The award of the contract, if it is awarded, will be to the lowest responsible total base bidder whose qualifications indicate the award will be to the best interest of the Owner and whose proposal shall comply with the requirements of the Contract Documents. Time is of the essence for this project and the time limits set in the proposal, if set by the 18.8 The Owner reserves the right to award as a total contract any combination of the Unit Price Bid Schedule Items that would be in the best interest of the Owner. ' 19. CASH ALLOWANCES 19.1 The Bidder is advised that a space is provided in the Bid Form, Document 00300, for this purpose only. The Contractor shall not proceed on any additional work to be covered by allowances until authorized in writing by the Engineer. Such work shall be approved by the Owner, shall be within the scope of work defined by this Contract and shall not ' exceed the amount indicated in the Bid Form. Any amount remaining in the Cash Allowance will be retained by the Owner. IEND OF DOCUMENT IDecember 2006 00100 -7 06 -5723 bidder, will be accorded weight by the Owner in the determination of the best proposal. In no case will the award be made until all necessary investigations have been made into the responsibility of the low bidder and the Owner is satisfied that the bidder is qualified ' to do the Work and have the necessary organization, capital and equipment to carry out the of the contract to the satisfaction of the Owner within the time specified. provisions 18.7 If the Contractor feels that a problem exists either prior to, or during the bid opening, he /she shall contact the City (within 24 hours of the bid opening) and follow the City's current policy for bid protests. 18.8 The Owner reserves the right to award as a total contract any combination of the Unit Price Bid Schedule Items that would be in the best interest of the Owner. ' 19. CASH ALLOWANCES 19.1 The Bidder is advised that a space is provided in the Bid Form, Document 00300, for this purpose only. The Contractor shall not proceed on any additional work to be covered by allowances until authorized in writing by the Engineer. Such work shall be approved by the Owner, shall be within the scope of work defined by this Contract and shall not ' exceed the amount indicated in the Bid Form. Any amount remaining in the Cash Allowance will be retained by the Owner. IEND OF DOCUMENT IDecember 2006 00100 -7 06 -5723 ri Bid of I U ---, '5�- t1 s ' Address 1 SECTION 00300 3Z OPA7Jn c- /we� So Phone 36 5 . 91 (1 ` q a W2— To furnish all materials, equipment and labor and to perform all work in accordance with the Contract Documents for construction of TOWN CENTER PARK RESTROOM AND LIGHTING IMPROVEMENTS 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 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 December 2006 00300 -1 06 -5723 01I1y/2007 15:22 9549211496 CGA PAGE 04 PROJECT NAME UNIT PRICE BID SCHEDULE Item No. Description I. GENERAL 1. Mobilization per FDOT ( <50A) 2. Maintenance of Traffic Per FDOT including temporary striping and signage, barricades, barriers, arrow panels, etc. as required_ 3. Clearing and Grubbing 4. Pollution Prevention and Sediment Control 5. Earthwork SUBTOTAL II. CIVIL A Demolition 6. Saw Cut. Remove, and Disposc of Asphalt Pavement 7. Saw Cut, Remove, and Dispose of Concrete Sidewalk. 8. Excavation and Re- grading 9. Saw Cut, Remove, and Dispose of Type "D" Curb. B Pavement Restoration 10.4" Sidewalk, including sub -grade compaction 11. Asphalt Pavement .Restoration 12. Parking Striping 13. Type "D" Curb C Water and Sewer 14. Single Sewer Service, including connection 15. Single Water Service w/ Box and connection SUBTOTAL TH. Electrical .A, Luminaires 16. Bollard Lights December 2006 Estimated Quantity Unit Unit Price Estimated Amount 1 LS 'jI,000 p•� c L d0© 1 LS _ �JD� ue �Q 4 o ' o 1 LS 1 LSO[ "rJQQ 1 LS 000 on 2 CY D .c (0 00 V e a 7 CY (0 a00 C 83 CY '75 ' $ 05 . 25 17 LF 820 SF 28 SY & `k 1 LS a, (3C)0 O 17 LF I EA t .QdQ1 2 EA Q, 0C,?c $22,335 ,e 2r p t? _ SI EA '� �� 7 (o. �)0 00300 -2 06 -5723 01/19/2007 15:22 9549211496 CGA PAGE 05 17. Park 12" Light Fixtures 2 18. Canopy Light B Electrical Materials 19_ Selz 40 PVC Conduit and Fittings, to include trenching, backfill, and restoration to existing or improved conditions. 2810 20. Copper Wiring 281.0 21. Panel Board 1 22. Lighting Contactor 23. Time Clock SUBTOTAL ELECTRICAL IV. Building 24. Proposed Prefabricated Restroom and Office building (complete) including all labor, equipment and materials necessary for final product_ Complete building to include, but not be Limited to stone walk around building, all structural, plumbing, mechanical, electrical, finishing work, communication system. furniture, all building finishes, excavation, fill and preparation of building pad as indicated in plans 25. Final Restoration around building to include, but not limited to sodding, and irrigation_ SUBTOTAL BUILDING V. Contingency TOTAL BASE BID (Item I Thru V) 3 E 1 1 EA 5W °E, ra ,5Dc c LF F 00 2-2, —I FO a c LF 1.50 pQ. EA D ` 0 1? 000 pc7 _j) EA 1j00000 eV �Ll EA QQ 00o -T LS 066 LS 4, OUD� l�l &q5 0 -15,000" , 0QQ " 0 a 00 z W G -7q, DD LS $25,000.00 $25,000.00 UAbLJaLU1G) �i ur i Ll -)rvn7 (Date) December 2006 00300 -3 06 -5723 01/19/2007 15:22 BID SECURITY 9549211496 CGA PAGE 06 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 90 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 120 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. Tbc 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_ December 2006 00300 -4 06 -5723 I 1 F' 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 100 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 _160_ days after the Contract time commences to rim. 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. December 2006 00300 -4 06 -5723 1 01/19/2007 15:22 ADDENDA 9549211496 Bidder acknowledges the receipt of Addendum No.'s 1- +b, 10 2. Iii3 ,4 ,5 -- Dated this Z `i day of U '1- CI (month) (year) Contractor' > 1 ti CGA Address: -9,10 II fii A N y 1c-- /W IF SEAL Ip Attachments: Subcontractor List Bid Security Trench Safety Act documentation END OF DOCUMENT PAGE 07 Decembcr 2006 003005 06 -5723 DOCUMENT 00401 BID BOND BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (Name and Addre CITY OF SUNNY ISLES BEACH 18070 Collins Avenue Sunny Isles Beach, Florida 33160 BID BID DUE DATE: PROJECT (Brief Description including Location): Town Center Park Restrooms and Lighting Improvements 17200 Collins Avenue Sunny Isles Beach , Florida 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 Bidder's Name and Corporate Seal By: Signature and Title Attest: (Seal) 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. December 2006 00401 -1 06 -5723 t t L� 1 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. IDecember 2006 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 06 -5723 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. This sworn statement is submitted to [print name of the j ublic entity] rint nivid j( for �l'1 name an�t�t�,r��jC� [print name of entity submitting sworn statemen ] whose business address is 3)V i- aitk -nc- tide- and (if applicable) its Federal Employer Identification Number (FEIN) is w7 - o rl UT) ) (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. 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. 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. 1 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. 1 December 2006 00402 -1 06 -5723 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. [signature] ' Sworn to and subscribed before me this �`� day of t JIiv0612kj , 200 Personally known �' ` a rtzf � OR Produced identification /-10 S S 00 fZ Notary Public - State of My commission expires (Type of identification) ' (Printed typed or stamped commissioned name of notary public) Notary PutAc State of Florida Irina Akopyan y, My commission D0588263 or f o Ex ires 0812312010 IDecember 2006 00402 -2 06 -5723 t t 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 Unit of Unit Unit Extended Measure Measure (Quantity) Cost Cost (Description) (LFSF) A. N/A B. C. D. 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. Si na ure of Bidding Contractor END OF DOCUMENT IDecember 2006 00403 -1 06 -5723 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: �'10 ; �� e,G(`iC." I_ p i j —r r- (ZI Ne 2. Contractor's Telephone Number: Jj -vim ?' . ell Ciu) y 2- 3. Contractor's License: C ICV u1, Primary Classification: 4. Number of years as a Contractor in construction work of the type involved in this Contract: iY 5. List the names and titles of all officers of Contractor's firm: CI 6. Name of person who inspected site or proposed work for your firm: Name: F f L'1Z_ H . 0(e I" 12— Date of Inspection: �Z I 7. What is the last project of this nature you have completed? 8. Have you ever failed to complete work awarded to you; if so, where and why? December 2006 00420 -1 06 -5723 9. Name three individuals or corporations for which you have performed work and to which you refer: 10. 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 (Continue list on inset sheet, if necessary) 11. What equipment do you own that is available for the work? 12. What equipment will you purchase for the proposed work? %ice : f: 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. December 2006 00420 -2 06 -5723 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 NOTE: Attach additional sheets if required. December 2006 00420 -3 06 -5723 2. 1 3. 4. 5. ' 6. ' 7. 8. 9. ' 10. NOTE: Attach additional sheets if required. December 2006 00420 -3 06 -5723 �1 EJCDC I STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE r 11 F THIS AGREEMENT is dated as of the day of in the year 20_ by and between CITY OF SUNNY ISLES BEACH (hereinafter called OWNER) and (hereinafter called CONTRACTOR). 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: The construction of a prefabricated restroom building and new lighting throughout the park. Article 2. ENGINEER. The Project has been designed by: Calvin, Giordano & Associates, Inc. 1800 Eller Drive, Suite 600 Fort Lauderdale, FL 33316 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 100 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 130 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 ($500.00) 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 ($500.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. December 2006 00500 -1 06 -5723 u t I � 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) (use words) (S 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. L90 0/6 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 0/6 (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 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 December 2006 00500 -2 06 -5723 LJ amounts as ENGINEER shall determine, only after receipt of the final as- builts and I 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. 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. December 2006 00500 -3 06 -5723 1 1 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 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 S. MISCELLANEOUS. December 2006 00500 -4 06 -5723 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 specifications. 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. 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 S. MISCELLANEOUS. December 2006 00500 -4 06 -5723 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. 9.4. 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 IDESCRIPTION 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 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 December 2006 00500 -5 06 -5723 1 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 Agreement) . ATTEST: [CORPORATE SEAL] Address for giving notices By 20 (which is the Effective Date of the [CORPORATE SEAL] License No. Agent for service of process (If CONTRACTOR is a corporation, attached evidence of authority to sign). 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. December 2006 00500 -6 1 06 -5723 ATTEST: Jane Hines, City Clerk Approved as to form and legality by Office of the City Attorney MI- Hans Ottinot, City Attorney day of ,2006 CITY OF SUNNY ISLES BEACH, through its City Commission By: Norman S. Edelcup, Mayor day of ,2006 John A. Szerlag, City Manager day of ,2006 (CITY SEAL) CERTIFICATE AS TO CORPORATE PRINCIPAL certify that I am the �j2,6 10G of and that December 2006 00500 -7 06 -5723 County Florida for is behalf of the Corporation. Signed and sealed this day of (SEAL) STATE OF FLORIDA COUNTY OF DADE , who signed the Bid with City of Sunny Isles, Dade City Bid No. , of said Corporation with full authority to sign said Bid on ram O "Si'g�n�ature ", Typed w/Title SWORN TO AND SUBSCRIBED before me this o( of tO'C4 L , 20_V My Commission Expires: Notary Public 0 A01 out Notary public State of Florida ? Irina Akopyan � y My Commission DD588263 �d Expires 08123/2010 December 2006 00500 -8 06 -5723 1 1 1 n CERTIFICATE AS TO AUTHORIZED CORPORATE PERSONNEL 1, 4jrLME H . 0r2-l2 certify that I am the �'k `A cl P of P(QS �, J1 T ♦%�I �� r NC , who signed the Bid with City of Sunny Isles Beach, Dade County Florida for the project titled J-C)W �J Ct�* UIZ P0R K P� g J U e) Consultant Project No. a4 -5 and that the following persons have the authority to sign payment requests on behalf of the Corporation: H-- 0r -+rL, arnc (Typed Name w/Title) (Signature) (Typed Name w/Title) (Signature) (Typed Name w/Title) Signed and sealed this day of , 20_. (SEAL) Signature V Q� E Y Typed w/Title STATE OF FLORIDA COUNTY OF DADE SWORN TO AND SUBSCRIBED before me this) 7 day of, it? tt-f'n 1 , 20 -e:�- My Commission Expires: Notary Public Notary public State of Fkxida irina Akopyan Rte` My commission D0588263 Expires 0812312010 December 2006 00500 -9 1 06 -5723