HomeMy WebLinkAboutReso 2011-1727RESOLUTION NO. 2011 - 0 21
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AWARDING BID NO. 11 -05 -01
TO AND ENTERING INTO AN AGREEMENT WITH NAMIN
CONSTRUCTION COMPANY, INC., FOR BELLA VISTA BAY
PARK IMPROVEMENTS, IN A TOTAL AMOUNT NOT TO
EXCEED THREE HUNDRED SEVENTY -FIVE THOUSAND EIGHT
HUNDRED SEVEN DOLLARS ($375,807.00), ATTACHED HERETO
AS EXHIBIT "A ", BASED ON THE TERMS, AND CONDITIONS
LISTED IN THE BID RESPONSE, ATTACHED HERETO AS
ATTACHMENT "A "; AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO EFFECTUATE THIS
RESOLUION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach is in need of improvements in the Bella Vista
Bay Park; and
WHEREAS, the City issued and advertised Request for Proposals (RFP) No. 11- 05 -01, for
Bella Vista Bay Park Improvements, for which eight (8) responses were received; and
WHEREAS, staff has determined that the bid response from Namin Construction Company,
Inc., attached hereto as Attachment "A ", is the lowest responsible and responsive bid; and
WHEREAS, City staff have recommended the bid award, based on a careful review of the
line items and consideration for the Contractor's reputation; and
WHEREAS, Namin Construction Company, Inc. has expressed its ability and desire to
provide these services; and
WHEREAS, the City wishes to enter into an Agreement with Namin Construction Company,
Inc. for Bella Vista Bay Park improvements, in an amount of Three Hundred Sixty -Two Thousand
Nine Hundred Seven Dollars ($362,900.00) for the base bid, and Twelve Thousand Nine Hundred
Seven Dollars ($12,907.00) for alternative 1, for a total amount not to exceed Three Hundred
Seventy -Five Thousand Eight Hundred Seven Dollars ($375,807.00), attached hereto as Exhibit "A ",
based on the terms and conditions listed in the bid response, attached hereto as Attachment "A ".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The recitals set forth in this resolution are incorporated
herein by reference as if fully set forth herein.
Section 2. Award of Bid and Approval of Agreement. The City Commission hereby awards Bid
No. 11 -05 -01 to and enters into an Agreement with Namin Construction Company, Inc. for Bella
R201 I- Bella Vista Bay Park Improvements (Bid 11- 05 -01) Page 1 of 2
Vista Bay Park improvements, in a total amount not to exceed Three Hundred Seventy -Five
Thousand Eight Hundred Seven Dollars ($375,807.00), attached hereto as Exhibit "A ", based on the
terms and conditions listed in the bid response, attached hereto as Attachment "A ".
Section 3. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement.
Section 4. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 5. Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 15th day of June 2011.
APPRO
Vote: �;—d
AS TO FORM
dSUFFICIENCY:
orman S. Edelcup, Mayor
Moved by: V1 C_Q ; k
Seconded by: �vir�n^n�SSI D►UF -t2 GA--r-T-0
Mayor Edelcup
✓ (Yes)
(No)
Vice Mayor Thaler
/(Yes)
(No)
Commissioner Aelion
1/ (Yes)
(No)
Commissioner Gatto
I/(Yes)
(No)
Commissioner Scholl
V(Yes)
(No)
82011- Bella Vista Bay Park Improvements (Bid 11- 05 -01) Page 2 of
SVNNY ,SFJ
AGREEMENT BETWEEN THE CITY OF SUNNY ISLES
V S
BEACH AND NAMIN CONSTRUCTION CO. INC. FOR
BELLA VISTA BAY PARK IMPROVEMENTS
F • FLOP S
F SUN P CONTRACT NO. C1011 -055
Oa
THIS AGREEMENT made and entered into this 11 Sut day of �1)46
2010 by and between the CITY OF SUNNY ISLES BEACH, FLORIDA, a municipal
corporation of the State of Florida, (hereinafter referred as to "City" or "Owner ") and
NAMIN CONSTRUCTION CO. INC, a Florida corporation, authorized to do business
in the State of Florida, (hereinafter referred to as "Contractor ").
WHEREAS, the City wishes to employ Contractor to construct the improvements
at Bella Vista Bay Park located at 500 Sunny Isles Boulevard, Sunny Isles Beach,
Florida, including but not limited to selective demolition, excavation, hauling, disposal,
structure installation, roofing, concrete and concrete forming, electrical, irrigation,
fencing, paver installation, specialties, signage, landscaping, drainage, and other site
improvements at Bella Vista Bay Park in Sunny Isles Beach, pursuant to the
specifications outlined in RFP No. 11- 05 -01, ( "Services" or "Work "); and
WHEREAS, the Contractor was selected by the City as the lowest responsible,
responsive bidder in response to RFP No. 11- 05 -01; and
WHEREAS, the Contractor is qualified, willing and able to provide the desired
Services on the terms and conditions set forth herein.
Article 1: Scope of Work
1.1 Contractor shall perform all construction services, and provide all labor, material,
equipment, coordination, supervision, shop drawings, permitting applications, and any
other service, tasks, documentation or reports that would enable the Contractor to provide
a 100% fully permitted and approved turn -key project related to the proposed Work
described in and reasonably inferable from the Contract Documents.
Article 2: Contract Documents
2.1 This Agreement consists of the following documents collectively referred to as
the "Contract Documents ":
.1 All written modifications, amendments, addenda and change orders to this
Agreement;
.2 This Agreement, including all exhibits and attachments;
.3 The General Conditions of Contract set forth in Section 1 of Request for
Proposals ( "RFP ") No. 11- 05 -01;
.4 Supplemental Conditions of Contract;
.5 Request for Proposals ( "RFP ") No. 11- 05 -01;
.6 Contractor's Proposal in response to RFP No. 11- 05 -01; and
C1011 -055 NAMIN CONSTRUCTION CO. INC. Page 1 of 15t °
7 Plans, specifications and shop drawings prepared in connection with RFP
No. 11- 05 -01.
The enumerated Contract Documents above are hereby incorporated herein by references
regardless of whether they are specifically attached to this Agreement.
Article 3: Interpretation and Intent
3.1 The Contract Documents are intended to permit the parties to complete the
Work and all obligations required by the Contract Documents within the Contract
Time(s) for the Contract Price. The Contract Documents are intended to be
complementary and interpreted in harmony so as to avoid conflict, with words and
phrases interpreted in a manner consistent with construction and design industry
standards.
3.2 Terms, words and phrases used in the Contract Documents, including this
Agreement, shall have the meanings given them in the Contract Documents. Whenever
such terms, words or phrase are not specifically defined in the Contract Documents,
they shall have the generally accepted meaning as they are used in the construction
industry; and if there is no such generally accepted meaning, they shall be interpreted
according to their common and customary usage. Heading are used herein solely for
convenience.
3.3 The Contract Documents form the entire agreement between City and Contractor
and by incorporation herein are as fully binding on the parties as if repeated herein. No
oral representation representative or other agreements have been made by the parties
except as specifically stated on the Contract Documents.
3.4 The specifications herein of any act, failure, refusal, omission, event, occurrence
or condition as constituting a material breach of this Agreement shall not imply that other
non - specified acts, failures, refusals, omissions, events, occurrences or conditions shall
be deemed not to constitute a material breach of this Agreement.
3.5 In the event of any conflict, discrepancy, or inconsistency among any of the
Contract Documents, the order of precedence shall be as follows:
A. Addenda/Change Orders/ Written Amendment to this Agreement;
B. This Agreement;
C. Supplementary Conditions;
D. General Terms and Conditions;
E. Contractor's Response to Request for Proposals ( "RFP ") No. 11- 05 -01;
and
F. Request for Proposals ( "RFP ") No. 11- 05 -01.
C1011 -055 NAMIN CONSTRUCTION CO. INC. Page 2 of 15
Article 4: Ownership of Work Product
4.1 Work Product. The Contractor's shop drawings and submittals for the
improvements to Bella Vista Bay Park, and in addition all reports, estimates, logs,
original drawings, and other materials furnished, prepared or executed by Contractor
during the term of and in accordance with the provisions of this Contract (hereinafter,
"Work Product ") shall be the property of the City and delivered to the City upon demand.
Article 5: Contract Time
5.1 Date of Commencement. The Work shall commence on the date of the Notice to
Proceed ( "Date of Commencement ") by the City Manager or his designee unless the
parties mutually agree otherwise in writing.
5.2 Substantial Completion and Final Completion.
5.2.1 Substantial Completion of the entire Work shall be achieved no later than 70
(seventy) calendar days from the Notice to Proceed ( "Scheduled Substantial Completion
Date "). The term "Substantial Completion" shall mean that point at which, as certified in
writing by the City Manager or his designee, the Work is at a level of completion in strict
compliance with the Contract Documents such that the City can enjoy beneficial use or
occupancy and can use or operate it in all respects, for its intended purpose. Partial use
or occupancy of the Work shall not result in the Work being deemed substantially
complete, and such partial use or occupancy shall not be evidence of Substantial
Completion.
5.2.2 Final Completion of the Work shall be achieved no later than 30 (thirty) days of
the date of Substantial Completion ( "Scheduled Final Completion Date. ") "Final
Completion" means the completion of all Work required by, and in strict compliance
with, the Contract Documents, including start-up, testing, obtaining regulatory approvals
from all applicable authorities, and all preparations necessary to finalize the Work.
5.2.3 All of the dates set forth in this Article 5 ( "Contract Tine(s) ") shall be subject to
adjustment in accordance with the Contract Documents.
5.2.4 Time is of the Essence. City and Contractor mutually agree that time is of the
essence with respect to the dates and times set forth in the Contract Documents.
5.2.5 Liquidated Damages. Contractor understands that if the Substantial Completion
is not attained by the Scheduled Substantial Completion Date, City will suffer damages
which are difficult to determine and accurately specify. Contractor agrees that if
Substantial Completion is not attained by 70 (seventy) calendar days from the Notice to
Proceed then Contractor shall pay City Eight Hundred Dollars ($800.00) as liquidated
damages per day for each calendar day that extends beyond the Scheduled Substantial
Completion Date. If the Contractor fails to achieve Final Completion within 30 (thirty)
days of the date of Substantial Completion, the Contractor shall pay to City, in addition to
C1011 -055 NAMIN CONSTRUCTION CO. INC. Page 3 of 15
the liquidated damages for substantial completion delays, liquidated damages for delay in
final completion in the amount of Four Hundred Dollars ($400.00) per day for each and
every calendar day that extends beyond the Scheduled Final Completion Date. Any sums
due and payable hereunder by the Contractor shall be payable not as a penalty but as
liquidated damages representing an estimate of delay damages likely to be sustained by
City as a result of the delay.
Article 6: Contract Price
6.1 Contract Price. City shall pay Contractor the sum of Three Hundred and Sixty
Two Thousand Nine Hundred Dollars ($362,900.00) ( "Contract Price ") subject to
adjustments made in accordance with the Contract Documents. Unless otherwise
provided in the Contract Documents, the Contract Price is deemed to include all sales,
use, consumer, and other taxes mandated by applicable Legal Requirements.
Article 7: Procedure for Payment
7.1 Progress Payments
7.1.1 Contractor shall submit to City on the fifth (5th) day of each month, beginning
with the first month after the Date of Commencement, Contractor's Application for
Payment on a form and manner acceptable to the City Manager or his designee.
7.1.2 City shall make payment with thirty (30) days after City's receipt of each properly
submitted and accurate Application for Payment, but in each case less the total of
payments previously made, and less amounts properly withheld by City.
7.2 Retainage on Progress Payment
7.2.1 City will retain ten percent (10%) of each Application for Payment.
7.2.2 Upon Final Completion of the entire Work, City shall release to Contractor all
retained amounts relating to the entire Work minus any assessed liquidated damages
and/or moneys owed to third party vendors.
7.3 Final Payment. Contractor shall submit its Final Application for Payment to City
in accordance with the procedures set forth in the Contract Documents. City shall make
payment on Contractor's properly submitted and accurate Final Application for Payment
within thirty (30) days after City's receipt of the Final Application for Payment, provided
that Contractor has satisfied the requirements for final payment set forth in the Contract
Documents.
7.4 Records Keeping and Finance Controls. With respect to changes in the Work
performed on a cost basis by Contractor pursuant to the Contract Documents, Contractor
shall keep full and detailed accounts and exercise such controls as may be necessary for
proper financial management, using accounting and control systems in accordance with
generally accepted accounting principles and as may be provided in the Contract
C1011 -055 NAMIN CONSTRUCTION CO. INC. Page 4 of 15
Documents. During the performance of the Work and for a period of three (3) years after
Final Payment, City and City's accountants shall be afforded access from time to time,
upon reasonable notice, to Contractor's records, books, correspondence, receipts,
subcontracts, purchase orders, vouchers, memoranda and other data relating to changes in
the Work performed on a cost basis in accordance with the Contract Documents, all of
which Contractor shall preserve for a period of three (3) years after Final Payment.
Article 8: Termination
8.1 Upon ten (10) days written notice to Contractor, City may, with or without cause,
elect to terminate this Agreement in accordance with the procedures set forth in
Paragraph 1.62 of the General Terms and Conditions included in RFP No. 11- 05 -01. In
such an event, Contractor's damages shall be strictly limited to the reasonable value of
Work satisfactorily performed and accepted by City as of the effective date of
termination. Under no circumstances shall Contractor be entitled to the remaining
balance of the Contract Price following termination by City, nor shall Contractor be
entitled to any incidental or consequential damages from City as a result of said
termination.
Article 9: Insurance
9.1 Contractor shall, at its sole cost and expense, during the period of any Work being
performed under this Agreement, procure and maintain the following minimum insurance
coverage to protect City and Contractor against all loss, claims, damage and liabilities
caused by Contractor, its agents, sub - Contractors or employees, as indicated below:
9.2 Comprehensive General Liability with minimum limits of Two Million Dollars
($2,000,000.00) per occurrence combined single limit for Bodily Injury Liability and
Property Damage Liability. Coverage must be afforded on a form no more restrictive
than the latest edition of the Comprehensive General Liability policy, without restrictive
endorsements, as filed by the Insurance Services Office, and must include:
• Premises and Operation
• Independent Vendors
• Products and/or Completed Operations Hazard
• Broad Form Property Damages
• Broad Form Contractual Coverage applicable to this specific Contract,
including any hold harmless and/or indemnification agreement.
• Personal Injury Coverage with Employee and Contractual Exclusions
removed, with minimum limits of coverage equal to those required for
Bodily Injury Liability and Property Damage Liability.
9.3 Business Automobile Liability with minimum limits of One Million Dollars
(1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and
Property Damage Liability. Coverage must be afforded on a form no more restrictive
CIO] 1-055 NAMIN CONSTRUCTION CO. INC. Page 5 of 15 e,
than the latest edition of the Business Automobile Liability policy, without restrictive
endorsements, as filed by the Insurance Services Office, and must include:
• Owned Vehicles;
• Hired and Non -Owned Vehicles;
• Employers' Non - Ownership.
9.4 Before starting the Work, the Contractor shall be required to file and make sure
that all certificates of insurance required by this document and by this Agreement are in
the City's possession. These certificates shall contain a provision that the coverage
afforded under the policies will not be canceled or materially changed until at least thirty
(30) days prior written notice has been given to the City Manager or his designee by
certified mail. City shall be named as an additional insured on the above - referenced
policies.
9.5 The Contractor agrees that if any part of the Services under this Agreement is
sublet, they will require the Sub - contractor(s) to carry insurance as required, and that they
will require the Sub- contractor(s) to furnish to them insurance certificates similar to
those required by City in this section.
9.6 If any insurance should be canceled or changed by the insurance company or
should any insurance expire during the period of this contract, the Contractor shall be
responsible for securing other acceptable insurance to provide the coverage specified in
this section to maintain coverage during the life of this Agreement. All deductibles must
be declared by the Contractor and must be approved by the City Manager or his designee.
At the sole option of the City Manager or his designee, either the Contractor shall
eliminate or reduce such deductible or the Contractor shall procure a Bond, in a form
satisfactory to the City Manager or his designee, covering the same.
Article 10: Indemnification and waiver of liability
10.1 The Contractor agrees, to the fullest extent permitted by law, to defend,
indemnify and hold harmless the City, its agents, representatives, officers, directors,
officials and employees from and against claims, damages, losses and expenses
(including but not limited to attorney's fees, mediation and/or arbitration costs, and costs
of appellate proceedings) relating to, arising out of or resulting from the Contractor's
negligent acts, errors, mistakes or omissions relating to Work performed under this
Agreement.
10.2 The Contractor's duty to defend, hold harmless and indemnify the City, its agents,
representatives, officers, directors, officials and employees shall arise in connection with
any claim, damage, loss or expense that is attributable to bodily injury; sickness; disease;
death; or injury to impairment, or destruction of tangible property including loss of use
resulting therefrom, caused by any negligent acts, errors, mistakes or omissions related to
Work in the performance of this Agreement including any person for whose acts, errors,
mistakes or omissions the Contractor may be legally liable. The parties agree that TEN
C1011 -055 NAMIN CONSTRUCTION CO. INC. Page 6 of 15 "j
DOLLARS ($10.00) represents specific consideration to the Contractor for the
indemnification set forth in this Agreement.
Article 11: Performance and Payment Bond
11.1 Performance and Payment Bond. Contractor shall provide the following
performance and payment bond as security.
11.2 The Performance and Payment Bond shall be in an amount of Three Hundred
and Sixty Two Thousand Nine Hundred Dollars ($362,900.00) guaranteeing to City
the full payment of all suppliers, material, laborers, or Sub - Contractors employed
pursuant to the Work described in this Agreement. The Performance and Payment Bond
shall be with a Surety company meeting the qualifications of the Contract Documents.
The Performance and Payment Bond shall continue in effect for one and one half years
after final completion and acceptance of the Work described in this Agreement. Pursuant
to the requirements of Section 255.05(1), Florida Statutes, Contractor shall ensure that
the Performance and Payment Bond referenced above shall be recorded in the public
records of Miami -Dade County and provide City with evidence of such recording. The
Performance and Payment Bond must be executed by a Surety company authorized to do
business in the State of Florida as a surety, having a resident agent in the State of Florida
and having been in business with a record of successful continuous operation for at least
five (5) years. The Surety company shall hold a current certificate of authority as
acceptable surety on federal bonds in accordance with the United States Department of
Treasury Circular 570, current Revisions. City will accept a surety bond from a company
with a rating B+ or better.
11.3 Additionally, the performance and payment bond shall state as follows:
"This bond is issued in compliance with Section 255.05, Florida Statutes (2001 Supp.), as
may be amended. A claimant, except a laborer, who is not in privity with the Contractor
shall, before commencing or not later than 45 days after commencing to furnish labor,
materials, or supplies for the prosecution of the work, furnish the Contractor with a notice
that he or she intends to look to the bond for protection. A claimant who is not in privity
with the Contractor and who has not received payment for his or her labor, materials, or
supplies shall deliver to the Contractor and to the surety written notice of the performance
of the labor or delivery of the materials or supplies and of the nonpayment. The notice of
nonpayment may be served at any time during the progress of the work or thereafter but
not before 45 days after the first furnishing or labor, services, or materials, and not later
than 90 days after the final furnishing of the labor, services or materials by the claimant
or, with respect to rental equipment not later than 90 days after the date the rental
equipment was last on the job site available for use. No action for the labor, materials, or
supplies may be instituted against the Contractor or the surety unless both notices have
been given. Notices required or permitted under this section may be served in
accordance with S.713.18."
11.4 An action, except for an action exclusively for recovery of retainage, must be
instituted against the Contractor or the surety on the performance and payment bond
lJ
C1011 -055 NAMIN CONSTRUCTION CO. INC. Page 7 of 15
within one (1) year after the performance of the labor or completion of delivery of the
materials or supplies. An action exclusively for recovery of retainage must be instituted
against the Contractor or the surety within one (1) year after the performance of the labor
or completion of delivery of the materials or supplies, or within ninety (90) days after the
Contractor's receipt of final payment (or the payment estimate containing the City's final
reconciliation of quantities if no further payment is earned and due as a result of
deductive adjustments) by the Contractor or surety, whichever comes last. A claimant
may not waive in advance his or her right to bring an action under the bond against the
surety. In any action bought to enforce a claim against a performance and payment bond
under this section, the prevailing party is entitled to recover a reasonable fee for the
services for his or her attorney for trial and appeal or for arbitration, in an amount to be
determined by the court, which fee must be taxed as part of the prevailing party's costs,
as allowed in equitable actions. The time periods for service of a notice of nonpayment or
for bringing an action against a Contractor or a surety shall be measured from the last day
of furnishing labor, services, or materials by the claimant and shall not be measured by
other standards, such as the issuance of a certificate of occupancy or the issuance of a
certificate of substantial completion.
Article 12: Contractor's Representations
12.1 Specific Representations. In order to induce City to execute this Agreement and
recognizing that City is relying thereon, Contractor, by executing this Agreement, and
without superseding, limiting, or restricting any other representation or warranty set forth
elsewhere in the Contract Documents, or implied by operation of law, makes the
following express representations to City:
.1 Contractor has substantial experience in being responsible for the Work
described in this Agreement, and the necessary skill to complete the Work.
.2 Contractor is professionally and fully licensed and qualified to perform the
Work and is, and will remain, licensed to practice the necessary
construction and engineering by all public entities having jurisdiction over
Contractor;
.3 Contractor will maintain all necessary licenses, permits or other
authorizations necessary to act as Contractor for the Work until
Contractor's duties under this Agreement have been fully satisfied;
.4 Contractor has the expertise, experience, and knowledge as well as the
necessary personnel and financial capability to perform the Work in
accordance with the terms of this Agreement and the Contract Documents;
and
.5 Contractor assumes full responsibility to City for the improper acts and
omissions of its Subcontractors or others employed or retained by
Contractor in connection with the Work.
C1011 -055 NAMIN CONSTRUCTION CO. INC. Page 8 of 15 "•
Article 13: Warranties
13.1 Warranty of Construction Workmanship and Materials. Contractor's project
warranty covering all Work under the Contract Documents shall be provided from the
date of Final Completion. Subcontractor and suppliers warranties shall commence from
the date equipment was placed in substantial use. Contractor warrants and guarantees to
City that all labor furnished to perform the Work under this Agreement will be competent
to perform the tasks undertaken and is the best quality obtainable, that the product of such
labor will yield only first -class results in strict compliance with this Agreement, that
materials and equipment furnished will be of high quality and new unless otherwise
permitted by this Agreement, and that the Work will be of high quality, free from faults
and defects and in strict conformance with this Agreement and the Contract Documents.
Any and all Work not strictly conforming to these requirements shall be considered
defective and shall constitute a breach of Contractor's warranty.
13.2 Procurement and Review of Warranties. Contractor shall procure from all
Subcontractors and Suppliers and shall transmit to the City, on subcontractors' or
suppliers' letterhead, all original warranties offered by the suppliers of any materials and
equipment and all warranties required by this Agreement. Contractor shall review all
such warranties and shall certify to City that the warranties are in strict compliance with
the requirements of this Agreement.
13.3 Procurement of Operations and Maintenance Documentation. Contractor shall
prepare or procure and shall transmit to the City all documentations required by this
Agreement and/or requested by the City regarding the operation and recommended
maintenance programs relating to the various elements of the Work.
Article 14: Change Orders
14.1 Changes in the quantity or character of Work or to the contract amount shall be
authorized only by change orders approved in advance and issued in accordance with the
provisions of the Contract Documents.
14.2 All changes to the Work or the construction schedule must be pre- approved in
writing by the City Manager or his designee in accordance with the value of the change
order or the calculated value of the time extension. All change orders must be pre- approved
in writing by the City Manager or his designee. All change orders must be submitted by
the Contractor in sufficient detail to allow the City to review. Any cost for Work by third
party vendors must be submitted on third party letterhead in sufficient detail to allow for
review. Lump sum change orders will not be accepted.
14.3 In the event satisfactory adjustment cannot be reached for any item requiring a
change in the contract amount, the City reserves the right at its sole option to either
terminate the Agreement as it applies to the items in question and make such arrangements
as may be deemed necessary to complete the disputed work; or may submit the matter in
dispute as set forth in the dispute resolution procedures set forth in the Contract
Documents.
C1011 -055 NAMIN CONSTRUCTION CO. INC. Page 9 of 15
14.4 To adjust allowance amounts, Contractor shall base each Change Order proposal
on the difference between purchase amount and the allowance, multiplied by final
measurement of work -in- place. If applicable, Contractor shall also include reasonable
allowances for cutting losses, tolerances, mixing wastes, normal product imperfections,
and similar margins. Contractor also agrees to the following conditions:
• Include installation costs in purchase amount only where indicates as part of the
allowance.
• If requested, prepare explanation and documentation to substantiate distribution of
overhead costs and other margins claimed.
• Submit substantiation of a change in scope of work, if any, claimed in change
orders related to unit -cost allowances.
• The City reserves the right to establish the quantity of work -in -place by
independent quantity survey, measure, or count.
Contractor must submit claims for increased costs because of a change in scope or nature
of the allowance described in the contract documents, whether for the purchase order
amount or contractor's handling, labor, installation, overhead, and profit. Contractor
shall be required to submit claims within fourteen (14) days of receipt of the change order
or construction change directive authorizing work to proceed. The City or its designee
shall reject claims submitted later than fourteen (14) days after such authorization.
Contractor also agrees to the following conditions:
• Do not include Contractor's or subcontractor's indirect expense in the change
order cost unless it is clearly shown that the nature or extent of work has changed
from what could have been foreseen from information in the contract documents.
• No change to Contractor's indirect expense is permitted for selection of higher or
lower priced materials or systems of the same scope and nature as originally
indicated.
14.5 On the City's approval of a proposal request, the City or its designee will issue a
change order for signatures of the City and the contractor on AIA Document G701 or
approved change order form prepared by the City Manager or his designee.
Article 15: Defective Work
15.1 The City or its designee shall have the authority to reject or disapprove Work
which is found to be defective. If defective work is found, Contractor shall promptly
either correct all defective work or remove such defective Work and replace it with non-
defective Work. Contractor shall bear all direct and indirect costs of such removal or
corrections including cost of testing laboratories, personnel and architect or engineer
of record.
15.2 Should Contractor fail or refuse to remove or correct any defective Work or to
make any necessary repairs in accordance with the requirements of the Contract
Documents within the time indicated in writing by the City or its designee, the City shall
C1011 -055 NAMIN CONSTRUCTION CO. INC. Page 10 of 15
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have the authority to cause the defective work to be removed or corrected, or make such
repairs as may be necessary at Contractor's expense. Any expense incurred by the City in
making such removals, corrections or repairs, shall be paid for out of any monies due or
which may become due to Contractor, or may be charged against the Payment and
Performance Bond. In the event of failure of Contractor to make all necessary repairs
promptly and fully, which is not cured in the Cure Period, the City may declare Contractor in
default.
15.3 If, within one (1) year after the date of Substantial Completion or such longer
period of time as may be prescribed by the terms of any applicable special warranty
required by the Contract Documents, or by any specific provision(s) of the Contract
Documents, any of the Work is found to be defective or not in accordance with the Contract
Documents, Contractor, after receipt of written notice from the City or its designee, shall
promptly correct such defective or nonconforming Work within the time specified by the
City without cost to the City. Nothing contained herein shall be construed to establish a
period of limitation with respect to any other obligation which Contractor might have
under the Contract Documents including but not limited to any claim regarding latent
defects.
15.4 Failure to reject any defective work or material shall not in any way prevent
later rejection when such defect is discovered, or obligate the City to final acceptance.
15.5 Where the City or its designee becomes aware of faults, defects or non-
conformity in any of the Work provided under this Agreement or with the Work being
performed by the Contractor, the City or its designee shall issue a Notice to Cure to the
Contractor for correction. In no event shall the failure of the City or its designee to bring
to the attention of the Contractor of such faults act as a waiver or release the Contractor
from responsibility or liability for such fault, defect or non - conforming Work.
Article 16: Mediations and Arbitration
16.1 The merits of any dispute arising under, out of, in connection with, or in relation
to this agreement, or the making or validity thereof, or its interpretation, or any breach
thereof, may be determined and settled by Arbitration before an Arbitrator in the State
of Florida, pursuant to the Commercial Arbitration Rules then obtaining of the
American Arbitration Association If the parties hereto are unable to agree upon the
selection of an arbitrator, such arbitration shall be held before the American Arbitration
Association. Any award rendered shall be final and conclusive upon the parties hereto
and a judgment thereon may be entered in the highest court of the State of Florida having
jurisdiction.
16.2 Before submitting a dispute to Arbitration, the parties shall first attempt to
resolve the dispute amicably. In the event that the parties hereto are unable to resolve the
dispute amicably, either party may give notice for a Mediation session before a Mediator
appointed by mutual agreement (hereinafter the "Mediator "). Each party shall bear
its own attorney's fees and costs associated with any such mediation and shall
share, equally, the fee of the agreed upon or appointed mediator (as the case may
C10I1 -055 NAMIN CONSTRUCTION CO. INC. Page I I of 15
4` 1' �3
be). If the parties are unable to agree upon the selection of a mediator, such mediation
shall be held before the American Arbitration Association. The Mediator shall make a
recommendation to the parties in the form of a written mediated settlement
agreement. Each party to the dispute shall sign such agreement after receipt of the
same or immediately file a demand for Arbitration, in which event the parties shall
proceed to Arbitration in accordance with the previous paragraph.
16.3 All costs of the Arbitration, including the legal action to confirm and
enforce the arbitrator's award, as the case may be, including the reasonable legal fees
of both parties shall be paid by the non - prevailing party, or, if neither party prevails on
the whole, each party shall be responsible for a portion of the costs of Arbitration as may
be determined by the court on confirmation.
Article 17: Non - Discrimination
17.1 The Contractor agrees to comply with all local and state civil rights ordinances
and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil
Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act
of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with
Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063,
and with Executive Order 11248 as amended by Executive Orders 11375 and 12086.
17.2 The Contractor will not discriminate against any employee or applicant for
employment because of race, color, creed, religion, ancestry, national origin, sex,
disability or other handicap, age, marital /familial status, or status with regard to public
assistance. The Contractor will take affirmative action to insure that all employment
practices are free from such discrimination. Such employment practices include but are
not limited to the following: hiring, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff, termination, rates of pay or other forms of compensation,
and selection for training, including apprenticeship.
17.3 The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the City setting forth the provisions
of this non - discrimination clause. The Contractor agrees to comply with any Federal
regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of
1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any
Federally assisted program.
Article 18: Conflict of Interest
18.1 The Contractor agrees to adhere to and be governed by the Miami -Dade County
Conflict of Interest Ordinance Section 2 -11.1, as amended; and by Chapter 33 of the City
of Sunny Isles Beach Code of Ordinances, which are incorporated by reference herein as
if fully set forth herein, in connection with the Agreement conditions hereunder. The
Contractor covenants that it presently has no interest and shall not acquire any interest,
directly or indirectly which should conflict in any manner or degree with the performance
of the Work described in this Agreement.
C1011 -055 NAMIN CONSTRUCTION CO. INC. Page 12 of 15
18.2 The Contractor further covenants that in the performance of this Agreement, no
person having any such interest shall knowingly be employed by the Contractor. The
Contractor guarantees that he /she has not offered or given to any member of, delegate to
the Congress of the United States, any or part of this contract or to any benefit arising
therefrom.
Article 19: Public Entity Crime
19.1 "A person or affiliate who has been placed on the convicted vendor list following
a conviction for public entity crime may not submit a proposal on a contract to provide
any goods or services to a public entity, may not submit a proposal on a contract with a
public entity for the construction or repair of a public building or public work, may not
submit proposals on leases of real property to public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor or consultant under a contract with
any public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list ".
19.2 By executing this Agreement, Contractor warrants that it is in compliance with
Paragraph 19.1 above.
Article 20: Notices
All notices and other communications required or permitted to be given under this
Agreement by either party to the other shall be in writing and shall be sent (except as
otherwise provided herein) (i) by certified or registered mail, first class postage prepaid,
return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized
courier service, or (iii) by facsimile with confirmation receipt (with a copy
simultaneously sent by certified or registered mail, first class postage prepaid, return
receipt requested or by overnight delivery by traditionally recognized courier service),
addressed to such party as follows:
If to the City:
Alan J. Cohen
With a copy to:
City Manager
Hans Ottinot
City of Sunny Isles Beach
City Attorney
18070 Collins Avenue
City of Sunny Isles Beach
Fourth Floor
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
Fourth Floor
Tel: (305) 792 -1701
Sunny Isles Beach, Florida
33160
Tel: (305) 792 -1702
If to the Contractor:
Ralph Silva
Namin Construction Co. Inc.
2121 NW 139 Street, Bay #4
Opalocka, Florida 33054
Tel: (305) 681 -6989
C1011 -055 NAMIN CONSTRUCTION CO. INC. Page 13 of 15 ��
Article 21: Compliance with laws
Contractor shall comply with all laws, regulations and ordinances of any federal, state, or
local governmental authority having jurisdiction with respect to this Agreement
( "Applicable Laws ") and shall obtain and maintain any and all material permits, licenses,
approvals and consents necessary for the lawful conduct of the activities contemplated
under this Agreement.
Article 22: Miscellaneous
22.1 In the event any provision of this Agreement is found to be void and
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall nevertheless be binding upon the parties with the same effect as though
the void or unenforceable provisions had been severed and deleted.
22.2 This Agreement may be executed in multiple identical counterparts, each of
which shall be deemed an original for all purposes.
22.3 This Agreement, together with the Contract Documents, shall constitute the entire
agreement between the parties with respect to the subject matter hereof, and it shall
supersede all previous and contemporaneous oral and written negotiations, commitments,
agreements and understandings relating hereto.
22.4 Any modification of this Agreement shall be effective only if in writing and
signed by the parties to this Agreement.
22.5 No waiver of any provision of this Agreement shall be valid or enforceable unless
such waiver is in writing and signed by the party granting such waiver.
22.6 Each of the signatories, by signing below, certifies and warrants that they are
empowered to act and execute this Agreement on behalf of the respective parties
[remainder of page intentionally left blank]
C1011 -055 NAMIN CONSTRUCTION CO. INC. Page 14 of 15
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate on the day and year first written above.
WITNESSES: NAMIN CONSTRUCTION CO.
INC. .
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F
BY:
Si e Signat
PARCEL- S /LtIA at-H,�Xb A4. 04AA (t.-)
Print Name Print Name
WITNESSES:
Signature
Print Name
ATTEST CITY OF SUNNY ISLES BEACH
BY:
;a:n�e, mes, CMC, City Clerk orman S. Edelcup, kayor 0
APPROVED A V O FORM AND
LEGALSU FF IFACY
Attorney
C101 1-055 NAMIN CONSTRUCTION CO. INC. Page 15 of 15
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C`'rr OF Su0 POOq
City of Sunny Isles Beach
Supplemental Provisions
THIS PAGE INTENTIONALLY LEFT BLANK
TABLE OF SUPPLEMENTAL PROVISIONS
1. DEFINITIONS ................................ ...............................
SUNNY /S<
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. p»
S,e e,"' F L O w "O `'e
Tr OF 51)0 P�
PAGE
................. ............................... SP /5
1.1 Basic Definitions ............................................................................. ............................... SP /5
1.2 Specifications and Drawings .......................................................... ............................... SP /5
1.3 Required Provisions Deemed Inserted ........................................... ............................... SP /7
2. CITY ........................................................................................................ ............................... SP/7
2.1 City's Right to Carry Out the Work ............................................ ............................... SP /7
3. CONTRACTOR ............................................................................................ ............................... SP /8
3.1 Contractor's Warranty ................................................................... ............................... SP /8
3.2 Supervision and Construction Procedures ..................................... ...............................
SP /9
3.3 Use of Site ...................................................................................... ...............................
SP /13
3.4 Review of Contract Documents and Field Conditions by Contractor ...........................
SP /14
3.5 Cleaning and Removal .................................................................. ...............................
SP /15
3.6 Materials, Labor, and Workmanship ........................................... ...............................
SP /15
3.7 Approved Equal ......................................................................... ...............................
SP /16
3.8 Shop Drawings, Product Data and Samples .............................. ...............................
SP /17
3.9 Record Drawings ....................................................................... ...............................
SP /19
3.10 Operating Instructions and Service Manual ................................ ...............................
SP /20
3.11 Contractor's Construction Schedules ......................................... ...............................
SC /20
4. ADMINISTRATION OF THE CONTRACT ................................................... ............................... SC /21
Intentionally Omitted
5. CHANGE ORDERS ....................................................................................... ............................... SP /21
6. TIME ............................................................................................................. ............................... SP /23
6.1 Progress and Completion .............................................................. ............................... SP /23
6.2 Delay in Completion ...................................................................... ............................... SP /23
7. PAYMENTS AND COMPLETION ............................................................... ............................... SP /24
7.1 Commencement, Prosecution and Completion ............................ ............................... SP /24
7.2 Contract Sum .................................................................................. ............................... SP /25
7.3 Schedule of Values ........................................................................ ............................... SP /25
7.4 Applications for Payment ................................................................ ............................... SP /25
7.5 Decisions to Withhold Approval ..................................................... ............................... SP /26
7.6 Failure of Payment ......................................................................... ............................... SP /26
7.7 Substantial Completion ................................................................... ............................... SP /27
7.8 Final Completion and Final Payment ............................................ ............................... SP /27
8. BONDS ................................................................................................................ ..........................SP /27
8.1 Bonds ........................................................................................... ............................... SP /27
3
9. UNCOVERING AND CORRECTION OF THE WORK .................................. ............................... SP /28
9.1 Uncovering of the Work ............................................................... ............................... SP /28
9.2 Correction of the Work ............................................................... ............................... SP /28
9.3 Acceptance of Nonconforming Work ............................................. ............................... SP /29
10. MISCELLANEOUS PROVISIONS .............................................................. ............................... SP /30
10.1 Written Notice ................................................................................ ............................... SP /30
10.2 Rights and Remedies .................................................................... ............................... SP /30
10.3 Tests and Inspections .................................................................. ............................... SP /30
10.4 Records ............................................................................. ............................... SP /30
10.5 Codes and Standards ................................................................... ............................... SP /30
M
SUPPLEMENTAL PROVISIONS
1.1 Definitions
As used in the Contract Documents, the following additional terms shall have the meanings and
refer to the parties designated in these definitions.
1.1.1 A/E
When the term "A/E" is used herein, it shall refer to the Architect of Record or the Engineer
specified and defined by the City. Communications to the A/E or any City representatives shall be
copied to the address shown in the Contract for Construction.
1.1.2 Acceptance
Acceptance shall mean that all of the work required by the Contract or individual work orders
issued are fully executed and completed in accordance to the Construction Documents and
permit requirements so that no work remains to be completed. This shall require and include that
all close -out documentation be fully completed, submitted, and approved.
1.1.3 City
The Mayor, City Commission, City Administration and /or the Office of the City Attorney of the City
of Sunny Isles Beach, Florida.
1.1.4 City's Representative
The City's Representative is authorized by the City as the administrator of the Service Contract
and will represent the City during the progress of the Work. Communications from the A/E (when
part of the project) to the Contractor and from the Contractor to the A/E shall include the City's
Representative, unless otherwise indicated in the Service Contract.
1.1.5 Day
The term "day" as used in the Contract Documents shall mean calendar day unless otherwise
specifically defined.
1.1.6 Close -out Documents
The term "close -out" refers to the completion of the project prior to project finalization. It requires
the submission by the Contractor of all pertinent project forms and documents acceptable to the
City inclusive of product illustrations and approved Submittals, original manufacturer warranties
with dates as of substantial completion by the Contractor, contractor's warranties, colored copies
of finalized permits, operation and maintenance manuals for equipment, list of subcontractors
information per trade inclusive of company name, address, telephone and a business card per
subcontractor or material supplier.
1.2 Specifications and Drawings
1.2.1 The Specifications are that portion of the Contract Documents consisting of the written
requirements for materials, equipment, construction system, standards and workmanship
and performance of related services for the Work identified in the Contract for
Construction. Specifications are separated into titled divisions for convenience of
reference only. Organization of the Specifications into divisions, sections and articles,
5
and arrangement of Drawings shall not control the Contractor in dividing the Work among
Subcontractors or in establishing the extent of Work to be performed by any trade. Such
separation will not operate to make the City or the A/E an arbiter of labor disputes or work
agreements. The specifications have been provided within the drawings for the project.
1.2.2 The drawings herein referred to, consist of drawings prepared by the A/E and are
enumerated in the Contract Documents.
1.2.3 Drawings are intended to show general arrangements, design, and dimensions of work
and are partly diagrammatic. Dimensions shall not be determined by scale or rule. If
figured dimensions are lacking, they shall be supplied by the A/E on the Contractor's
written request to the City's Representative.
1.2.4 The intent of the Contract Documents is to include all items necessary for the proper
execution and completion of the Work by the Contractor. The Contract Documents are
complimentary, and what is required by one shall be as binding as if required by all;
performance by the Contractor shall by required only to the extent consistent with the
Contract Documents and reasonably inferable from them as being necessary to produce
the intended results.
1.2.5 In the event of inconsistencies within or between parts of the Contract Documents, or
between the Contract Documents and applicable standards, codes and ordinances, the
Contractor shall (1) provide the better quality or greater quantity of Work or (2) comply
with the more stringent requirement; either or both in accordance with the City's
Representative's interpretation. On the Drawings, given dimensions shall take
precedence over scaled measurements, and large scale drawings over small scale
drawings. Before ordering any materials or doing any Work, the Contractor and each
Subcontractor shall verify measurements at the Work site and shall be responsible for the
correctness of such measurements. Any difference which may be found shall be
submitted to the City's Representative and A/E for resolution before proceeding with the
Work. If a minor change in the Work is found necessary due to actual field conditions,
the Contractor shall submit detailed drawings of such departure for the approval by the
City's Representative and A/E before making the change.
1.2.6 Data in the Contract Documents concerning lot size, ground elevations, present
obstructions on or near the site, locations and depths of sewers, conduits, pipes, wires,
etc., position of sidewalks, curbs, pavements, etc., and nature of ground and subsurface
conditions have been obtained from sources the A/E believes reliable, but the A/E and
City do not represent or warrant that this information is accurate or complete. The
Contractor shall verify such data to the extent possible through normal construction
procedures, including but not limited to contacting utility City's and by prospecting.
1.2.7 Only work included in the Contract Documents is authorized, and the Contractor shall do
no work other than that described therein and incidental to the completion of the Work.
1.2.8 Execution of the Contract by the Contractor is a representation that the Contractor has
visited the site, become familiar with local conditions under which the Work is to be
performed and correlated personal observations with requirements of the Contract
Documents. Contractor represents that it has performed its own investigation and
examination of the Work site and its surroundings and satisfied itself before entering into
this Contract as to:
■ conditions bearing upon transportation, disposal, handling, and storage of
materials;
0
• the availability of labor, materials, equipment, water, electrical power, utilities and
roads;
• uncertainties of weather, flooding and similar characteristics of the site;
• conditions bearing upon security and protection of material, equipment, and Work
in progress;
• the form and nature of the Work site, including the surface and sub - surface
conditions;
• the extent and nature of Work and materials necessary for the execution of the
Work and the remedying of any defects therein; and
• the means of access to the site and the accommodations it may require and, in
general, shall be deemed to have obtained all information as to risks,
contingencies and other circumstances.
The City assumes no responsibility or liability for the physical condition or safety of the
Work site or any improvements located on the Work site. The Contractor shall be solely
responsible for providing a safe place for the performance of the Work. The City shall not
be required to make any adjustment in either the Contract Sum or Contract Time
concerning any failure by the Contractor or any Subcontractor to comply with the
requirements of this Paragraph.
1.3 Required Provisions Deemed Inserted
1.3.1 Each and every provision of law and clause required by law to be inserted in the Contract
shall be deemed to be inserted therein, and the Contract shall be read and enforced as
though it were included therein; and if through mistake or otherwise any such provision is
not inserted, or is not correctly inserted, then upon the written application of either party
the Contract shall forthwith be physically amended to make such insertion or correction.
PROVISION 2
CITY
2.1 City's Right to Carry Out the Work
2.1.1 If the Contractor defaults or neglects to carry out the Work in accordance with the
Contract Documents, and fails within a seven (7) day period after receipt of a written
notice from the City to correct such default or neglect, the City may, without prejudice to
other remedies the City may have, correct such default or neglect. In such case, an
appropriate Change Order shall be issued deducting from payments then or thereafter
due the Contractor the cost of correcting such deficiencies, including compensation for
the A/E's additional services and expenses made necessary by such default or neglect.
If payments then or thereafter due the Contractor are not sufficient to cover such
amounts, the Contractor shall pay the difference to City.
2.1.2 In the event the Contractor has not satisfactorily completed all items on the Punch List
within thirty (30) days of its receipt, or by the Final Completion Date, whichever is latest,
the City reserves the right to complete the Punch List without further notice to the
Contractor or its surety. In such case, City shall be entitled to deduct from payments then
or thereafter due the Contractor the cost of completing the Punch List items, including
compensation for the A/E's additional services. If payments then or thereafter due
Contractor are not sufficient to cover such amounts, the Contractor shall pay the
difference to City.
7
PROVISION 3
CONTRACTOR
3.1 Contractor's Warranty
3.1.1 The Contractor warrants all equipment and materials furnished, and work performed,
under this Contract, against defective materials and workmanship for a period of 1 year
after final acceptance as provided in the Contract, unless a longer period is specified,
regardless of whether the same were furnished or performed by the Contractor or any
Subcontractors of any tier. Upon written notice from the City of any breach of warranty
during the applicable warranty period due to defective material or workmanship, the
affected part or parts thereof shall be repaired or replaced by the Contractor at no cost to
the City. Should the Contractor fail or refuse to make the necessary repairs,
replacements, and tests when requested by the City, the City may perform, or cause the
necessary work and tests to be performed, at the Contractor's expense, or exercise the
City's rights under the Contract.
The Contractor and Surety guarantee and warrant to the City all work as follows:
• that all materials and equipment furnished under this Contract will be new and
the best of its respective kind unless otherwise specified;
• that all Work will be of first class quality and free of omissions and faulty, poor
quality, imperfect and defective material or workmanship;
• that the Work shall be entirely watertight and leak proof in accordance with all
applicable industry customs and practices, and shall be free of shrinkage and
settlement;
• that the Work, including but not limited to, mechanical and electrical machines,
devices and equipment, shall be complete systems, fit and fully usable for its
intended and specified purpose and shall operate satisfactorily with ordinary
care;
• that consistent with requirements of the Contract Documents the Work shall be
installed and oriented in such a manner as to facilitate unrestricted access for the
operation and maintenance of fixed equipment; and
• that the Work will be free of abnormal or unusual deterioration which occurs
because of poor quality materials, workmanship or unsuitable storage.
All Work not conforming to guarantees and warranties specified in the Contract
Documents, including substitutions not properly approved and authorized, may be
considered defective. If required by the Design Consultant, the Contractor shall furnish
satisfactory evidence as to the kind and quality of materials and equipment.
If, within one (1) year after the Date of Final Completion of the Work or within such longer
period of time as may be prescribed by law or by the terms of any applicable special
warranty required by the Contract Documents, any of the Work is found to be defective,
not in accordance with the Contract Documents, or not in accordance with the
guarantees and warranties specified in the Contract documents, the Contractor shall
correct it within five (5) working days or such other period as mutually agreed, after
receipt of a written notice from the City to do so. The City shall give such notice with
reasonable promptness after discovery of the condition. No time extensions will be given
for the correction of defective work.
3.1.2 Should one or more defects appear within the specified period, the City shall have the
right to continue to use or operate the defective part or apparatus until the Contractor
makes repairs or replacements or until such time as it can be taken out of service without
loss or inconvenience to the City.
3.1.3 The above warranties are not intended as a limitation, but are in addition to all other
express warranties set forth in this Contract and such other warranties as are implied by
law, custom, and usage of trade. The Contractor, and its surety or sureties, if any, shall
be liable for the satisfaction and full performance of the warranties set forth herein.
3.1.4 Neither the final payment nor any provision in the Contract Documents nor partial or
entire occupancy of the premises by the City, nor expiration of warranty stated herein, will
constitute an acceptance of Work not done in accordance with the Contract Documents
or relieve the Contractor of liability in respect to any responsibility for non - conforming
work. The Contractor shall immediately remedy any defects in the Work and pay for any
damage to other Work resulting there from upon written notice from the City. Should the
Contractor fail or refuse to remedy the non - conforming work, the City may perform, or
cause to be performed the work necessary to bring the work into conformance with the
Contract Documents at the Contractor's expense.
3.1.5 The Contractor agrees to defend, indemnify, and save harmless the City of Sunny Isles
Beach, their Officers, Agents, Employees and Volunteers, from and against all loss or
expense from any injury or damages to property of others suffered or incurred on account
of any breech of the aforesaid obligations and covenants.
3.2 Supervision and Construction Procedures
3.2.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and
attention. The Contractor shall be solely responsible for and have control over
construction means, methods, techniques, sequences, and procedures and for
coordinating all portions of the Work under the Contract. The Contractor shall supply
sufficient and competent supervision and personnel, and sufficient material, plant, and
equipment to prosecute the Work with diligence to ensure completion thereof within the
time specified in the Contract Documents, and shall pay when due any laborer,
Subcontractor of any tier, or supplier.
3.2.2 The Contractor, if an individual, shall give the Work an adequate amount of personal
supervision, and if a partnership or corporation or joint venture the Work shall be given an
adequate amount of personal supervision by a partner or executive officer, as determined
by the City's Representative.
3.2.3 The Contractor and each of its Subcontractors of any tier shall submit to the City such
schedules of quantities and costs, progress schedules, payrolls, reports, estimates,
records, and other data as the City may request concerning Work performed or to be
performed under the Contract.
3.2.4 The Contractor shall be represented at the site by a competent superintendent from the
beginning of the Work until its final acceptance. The superintendent for the Contractor
shall exercise general supervision over the Work and such superintendent shall have
decision making authority of the Contractor. Communications given to the
superintendent shall be binding as if given to the Contractor.
3.2.5 The Contractor shall establish and maintain a permanent bench mark to which access
may be had during progress of the Work, and Contractor shall establish all lines and
levels, and shall be responsible for the correctness of such. Contractor shall be fully
responsible for all layout work for the proper location of Work in strict accordance with the
Contract Documents.
3.2.6 The Contractor shall be responsible for repair of damage to property on or off the project
occurring during construction of project, and all such repairs shall be made to meet code
requirements or to the satisfaction of the City's Representative if code is not applicable.
01
3.2.7 The Contractor shall be responsible for all shoring required to protect its work or adjacent
property and shall pay for any damage caused by failure to shore or by improper shoring
or by failure to give proper notice. Shoring shall be removed only after completion of
permanent supports.
3.2.8 The Contractor shall maintain at his own cost and expense, adequate, safe and sufficient
walkways, platforms, scaffolds, ladders, hoists and all necessary, proper, and adequate
equipment, apparatus, and appliances useful in carrying on the Work and which are
necessary to make the place of Work safe and free from avoidable danger, and as may
be required by safety provisions of applicable laws, ordinances, rules regulations and
building and construction codes.
3.2.9 During the performance of the Work, the Contractor shall be responsible for providing
and maintaining warning signs, lights, signal devices, barricades, guard rails, fences, and
other devices appropriately located on site which shall give proper and understandable
warning to all persons of danger of entry onto land, structure, or equipment.
3.2.10 The Contractor shall be responsible for care of the Work and must protect same from
damage of defacement until acceptance by the City. All damaged or defaced Work shall
be repaired or replaced to the City's satisfaction, without cost to the City.
3.2.11 When requested by the City's Representative, the Contractor, at no extra charge, shall
provide scaffolds or ladders in place as may be required by the A/E or the City for
examination of Work in progress or completed.
3.2.12 The Contractor shall be responsible to the City for acts and omissions of the Contractor's
employees, Subcontractors of any tier and their agents and employees, and any entity or
other persons performing portions of the Work.
3.2.13 The Contractor shall not be relieved of its obligations to perform the Work in accordance
with the Contract Documents either by activities or duties of the City's Representative or
A/E in their administration of the Contract, or by tests, inspections or approvals required
or performed by persons other than the Contractor.
3.2.14 The Contractor shall be responsible for inspection of portions of the Work already
performed under this Contract to determine that such portions are in proper condition to
receive subsequent Work.
3.2.15 Job site safety is the responsibility of the Contractor. Any costs associated with providing
a safe construction site, including staging areas, per all State, Federal, City and OSHA
regulations are included in the bid price submitted.
The Contractor shall take all reasonable precautions for the safety of, and shall provide
all reasonable protection to prevent damage, injury or loss to:
• all employees on the Work and all other persons who may be affected thereby;
• all the Work and all materials and equipment to be incorporated therein, whether
in storage on or off the site, under the care, custody or control of the Contractor
or any of his Subcontractors or Sub subcontractors, machinery, equipment and
all hazards shall be guarded or eliminated in accordance with all applicable
safety regulations; and
10
other property at the site or adjacent thereto, including trees, shrubs, lawns,
walks, pavements, roadways, structures and utilities not designated for removal,
relocation or replacement in the course of construction.
3.2.16 OSHA Safety — OSHA 1926 Construction Standard.
3.2.16.1 The Contractor shall give all notices and comply with all applicable laws,
ordinances, permits, rules, regulations and lawful orders of any public
authority bearing on the safety or persons or property or their protection
from damage, injury or loss. Contractors shall comply with the
requirements of the Trench Safety Act, Chapter 553, Florida Statutes.
Each specific subcontract within the scope of such act shall be in
compliance with the Act and Contractor hereby acknowledges the Bid
complies with and was prepared in accordance with the Act. The Trench
Safety Compliance Act Form is located in Section B of this bid package.
3.2.16.2 The Contractor shall at all times safely guard the City's property from
injury or losses in connection with the Contract. Contractor shall at all
times safely guard and protect work and adjacent property from damage
as provided by law and the Contract Documents. All passageways,
guard fences, lights and other facilities required for protection by
applicable safety regulations must be provided and maintained by the
Contractor.
3.2.16.3 The Contractor shall erect and maintain, as required by existing
conditions and progress of the Work, all reasonable safeguards for
safety and protection, including posting danger signs and other warnings
against hazards, promulgating safety regulations and notifying Citys and
users of adjacent utilities.
3.2.16.4 When the use or storage of explosives or other hazardous materials or
equipment is necessary for the execution of the Work, the Contractor
shall exercise the utmost care and shall carry on such activities under
the supervision of properly qualified personnel.
3.2.16.5 Asbestos Assessment applies to renovation /construction of existing
buildings /structures.
3.2.16.6 Material Safety Data Sheets
a. Any Contractor bringing chemicals on -site must provide the City
the appropriate hazard information on these substances,
including the labels used and the precautionary measures being
taken in working with these chemicals.
3.2.16.7 The Contractor shall promptly remedy, at the Contractor's own cost and
expense, all damage or loss to any property caused in whole or in part
by the Contractor, any Subcontractor, any Sub subcontractor, or anyone
directly or indirectly employed by any of them, or by anyone for whose
acts any of them may be liable and for which the Contractor is
responsible. The foregoing obligations of the Contractor are in addition to
obligations under the agreement. In case of failure on the part of the
Contractor to make good such damage, the City may, upon two (2)
calendar days written notice, proceed to repair, rebuild or otherwise
restore such property as may be necessary, and the cost thereof will be
deducted from any monies due or to become due the Contractor.
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3.2.16.8 The Contractor is responsible for the proper packing, shipping, handling
and storage (including but not limited to shipment or storage at the
proper temperature and humidity) of materials to be incorporated in the
Work, so as to insure the preservation of the quality and fitness of the
material for proper installation and incorporation in the Work. For
example, but not by way of limitation, Contractor shall, when necessary,
place material on wooden platforms or other hard and clean surfaces
and not on the ground, and place material under cover in any appropriate
shelter or facility. Stored materials or equipment shall be located so as to
facilitate proper inspection. Material and equipment, which is delivered
crated, shall remain crated until ready for installation. Lawns, grass plots
or other private property shall not be used for storage purposes without
written permission of City or lessee unless otherwise within terms of the
easements obtained by the City.
3.2.16.9 The Contractor shall give notice in writing at least 48 hours before
breaking ground, to all persons, Public Utility Companies, public
agencies, government agencies owners of property having structures or
improvements in proximity to site of the Work, superintendents,
inspectors, or those otherwise in charge of property, streets, water pipes,
gas pipes, sewer pipes, telephone cables, electric cables, railroads or
otherwise, who may be affected by the Contractor's operation, in order
that they may remove any obstruction for which they are responsible and
have representative on site to see that their property is properly
protected.
3.2.16.10 Contractor shall field locate all utilities and acknowledges that all utilities
are not necessarily shown in the Contract Documents, or may be
incorrectly located thereon. The Contractor shall protect all utilities
encountered while performing its work, whether indicated on the Contract
Drawings or not. The Contractor shall maintain utilities in service until
moved or abandoned. The Contractor shall exercise due care when
excavating around utilities and shall restore any damaged utilities to the
same condition or better as existed prior to starting the Work, at no cost
to the City. The Contractor shall maintain operating utilities or other
services, even if they are shown to be abandoned on the Contract
Drawings, in service until new facilities are provided, tested and ready for
use.
3.2.16.11 The Contractor shall return all improvements on or about the site and
adjacent property which are not shown to be altered, removed or
otherwise changed to conditions which existed prior to starting work.
3.2.16.12 The Contractor shall protect the Work, including but not limited to, the
site, stored materials and equipment, excavations, and excavated or
stockpiled soil or other material, intended for use in the Work, and shall
take all necessary precautions to prevent or minimize damage to same
or detrimental effect upon performance caused by or due to rain, snow,
ice, run off, floods, temperature, wind, dust, sand and flying debris.
3.2.16.13 The Contractor's superintendent shall take all steps reasonably
necessary to prevent accidents and protect workers, material, equipment
and property.
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3.2.16.14 The Contractor shall not load or permit any part of the Work to be loaded
so as to endanger its safety.
3.2.17. EMERGENCIES
3.2.17.1 In any emergency affecting the safety of persons or property, the
Contractor shall act to prevent threatened damage, injury or loss. The
Contractor shall notify the City of the situation and all actions taken
immediately thereafter. If, in the opinion of the Contractor, immediate
action is not required, the Contractor shall notify the City of the
emergency situation and proceed in accordance with the City's
instructions. Any additional compensation or extension of time claimed
by the Contractor on account of emergency work shall be determined as
provided in the Agreement.
3.2.17.2 Material Safety Data Sheets
Any Contractor bringing chemicals on -site must provide the City the
appropriate hazard information on these substances, including the labels
used and the precautionary measures being taken in working with these
chemicals.
The Contractor shall promptly remedy, at the Contractor's own cost and
expense, all damage or loss to any property caused in whole or in part
by the Contractor, any Subcontractor, any Sub subcontractor, or anyone
directly or indirectly employed by any of them, or by anyone for whose
acts any of them may be liable and for which the Contractor is
responsible. In case of failure on the part of the Contractor to make good
such damage, the City may, upon two (2) calendar days written notice,
proceed to repair, rebuild or otherwise restore such property as may be
necessary, and the cost thereof will be deducted from any monies due or
to become due the Contractor.
The Contractor is solely responsible for any fees, fines, or expenses
incurred and any delays caused by OSHA fees, fines, expenses or shut
downs do not constitute a right to claim for a time extension.
3.3 Use of Site
3.3.1 The Contractor shall limit operations and storage of material to the area within the Work
limit lines shown on Drawings, except as necessary to connect to exiting utilities, shall not
encroach on neighboring property, and shall exercise caution to prevent damage to
existing structures.
3.3.2 Only materials and equipment, which are to be used directly in the Work, shall be brought
to and stored on the Work site by the Contractor. After equipment is no longer required
for the Work, it shall be promptly removed from the Work site. Protection of construction
materials and equipment stored at the Work site from weather, theft, damage and all
other adversity is solely the responsibility of the Contractor.
3.3.3 No project signs shall be erected without the written approval of the City's
Representative.
3.3.4 The Contractor shall ensure that the Work is at all times performed in a manner that
affords reasonable access, both vehicular and pedestrian, to the site of the Work and all
adjacent areas. The Work shall be performed, to the fullest extent reasonably possible,
in such a manner that public areas adjacent to the site ,of the Work shall be free from all
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debris, building materials and equipment likely to cause hazardous conditions. Without
limitation of any other provision of the Contract Documents, Contractor shall not interfere
with the occupancy or beneficial use of (1) any areas and buildings adjacent to the site of
the Work or (2) the Work in the event of partial occupancy. Contractor shall assume full
responsibility for any damage to the property comprising the Work or to the City or
occupant of any adjacent land or areas resulting from the performance of the Work.
3.3.5 The Contractor shall not permit any workers to use any existing facilities at the Work site
including, without limitation, lavatories, toilets, entrances, and parking areas other than
those designated by City. The Contractor, Subcontractors of any tier, suppliers and
employees shall comply with instructions or regulations of the City's Representative
governing access to, operation of, and conduct while in or on the premises and shall
perform all Work required under the Contract Documents in such a manner as not to
unreasonably interrupt or interfere with the conduct of City's operations. Any request for
Work, a suspension of Work or any other request or directive received by the Contractor
from occupants of existing buildings shall be referred to the City's Representative for
determination.
3.3.6 The Contractor and the Subcontractor of any tier shall have its' name, acceptable
abbreviation or recognizable logo and the name of the city and state of the mailing
address of the principal office of the company, on each motor vehicle and motorized self -
propelled piece of equipment which is used in connection with the project. The signs are
required on such vehicles during the time the Contractor is working on the project.
3.3.7 The Contractor shall not unreasonably encumber the site, in the opinion of the City with
any materials, equipment or trailers, nor shall the Contractor block the entrances or
otherwise prevent reasonable access to the site, other working and parking areas,
completed portions of the Work and /or properties, storage areas, or areas of other
facilities that are adjacent to the worksite. If the Contractor fails or refuses to move said
material, equipment or trailers within 24 hours of notification by the City to so do, the City
shall have the right, without further notice, to remove, at the Contractor's expense, any
material, equipment and /or trailers which the City deems are in violation of this
paragraph. Site security is the sole responsibility of the Contractor.
3.4 Review of Contract Documents and Field Conditions by Contractor
3.4.1 The Contractor shall carefully study and compare the Contract Documents with each
other and with information furnished by the A/E and City and shall at once report in
writing to the A/E and City's Representative any errors, inconsistencies or omissions
discovered. Contractor shall have thirty (30) days following the date of Award of Contract
to report to the A/E and the City, errors, inconsistencies or omissions therein. If the
Contractor performs any construction activity which it knows or should have known
involves a recognized error, inconsistency or omission in the Contract Documents without
such written notice to the A/E and City's Representative, the Contractor shall assume
appropriate responsibility for such performance and shall bear an appropriate amount of
the attributable costs for correction.
3.4.2 The Contractor shall take field measurements and verify field conditions and shall
carefully compare such field measurements and conditions and other information known
to the Contractor with the Contract Documents before commencing activities. Errors,
inconsistencies or omissions discovered shall be reported in writing to the A/E and City's
Representative within twenty -four (24) hours. During the progress of work, Contractor
shall verify all field measurements prior to fabrication of building components or
equipment, and proceed with the fabrication to meet field conditions. Contractor shall
consult all Contract Documents to determine the exact location of all work and verify
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spatial relationships of all work. Any question concerning said location or spatial
relationships shall be submitted to the City's Representative. Specific locations for
equipment, pipelines, ductwork and other such items of work, where not dimensioned on
plans, shall be determined in consultation with City's Representative and A/E. Contractor
shall be responsible for the proper fitting of the Work in place.
3.4.3 Should the Contract Documents fail to particularly describe materials or goods to be
used, it shall be the duty of the Contractor to inquire of the A/E and the City's
Representative what is to be used and to supply it at the Contractor's expense, or else
thereafter replace it to the City's Representative's satisfaction. At a minimum, the
Contractor shall provide the quality of materials as generally specified throughout the
Contract Documents.
3.4.4 Contractor shall not be entitled to an adjustment in the Contract time or an adjustment in
the Contract Sum if a change or Work is required due to an error, inconsistency, omission
or violation that the Contractor failed to timely report.
3.4.5 Contractor shall be responsible for inspection of portions of Work already performed
under Contract to determine that such portions are in proper condition to receive
subsequent Work.
3.5 Cleaning and Removal
3.5.1 The Contractor shall keep the Work site and surrounding areas free from accumulation of
waste materials, rubbish, debris, and dirt resulting from the Work and shall clean the
Work site and surrounding areas as requested by the A/E and the City's Representative,
including mowing of grass greater than 6 inches high. The Contractor shall be
responsible for the cost of clean up and removal of debris from premises. The building
and premises shall be kept clean, safe, in a workmanlike manner, and in compliance with
OSHA standards at all times. At completion of the Work, the Contractor shall remove
from and about the Work site tools, construction equipment, machinery, fencing, and
surplus materials. Further, at the completion of the work, all dirt, stains, and smudges
shall be removed from every part of the building, all glass in doors and windows shall be
washed, and entire Work shall be left broom clean in a finished state ready for
occupancy. The Contractor shall advise his Subcontractors of any tier of this provision,
and the Contractor shall be fully responsible for leaving the premises in a finished state
ready for use to the satisfaction of the City's Representative. If the Contractor fails to
comply with the provisions of this paragraph, the City may do so and the cost thereof
shall be charged to the Contractor.
3.6 Materials, Labor, and Workmanship
3.6.1 Materials and equipment incorporated into the Work shall strictly conform to the Contract
Documents and representations and approved Samples provided by Contractor and shall
be of the most suitable grade of their respective kinds for their respective uses, and shall
be fit and sufficient for the purpose intended, merchantable, of good new material and
workmanship, and free from defect. Workmanship shall be in accordance with the highest
standard in the industry and free from defect in strict accordance with the Contract
Documents.
3.6.2 Materials and fixtures shall be new and of latest design unless otherwise specified, and
shall provide the most efficient operating and maintenance costs to the City. All Work
shall be performed by competent workers and shall be of best quality.
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3.6.3 The Contractor shall carefully examine the Contract Documents and shall be responsible
for the proper fitting of his material, equipment, and apparatus into the building.
3.6.4 The Contractor shall base his bid only on the Contract Documents.
3.6.5 Materials and workmanship shall be subject to inspection, examination, and test by the
A/E and the City's Representative at any and all times during manufacture, installation,
and construction of any of them, at places where such manufacture, installation, or
construction is performed.
3.6.6 The Contractor shall enforce strict discipline and good order among the Contractor's
employees and other persons carrying out the Contract. The Contractor shall not permit
employment of unfit persons or persons not skilled in tasks assigned to them.
3.6.7 Unless otherwise specifically noted, the Contractor shall provide and pay for supervision,
labor, materials, equipment, tools, construction equipment and machinery, water, heat,
utilities, transportation, and other facilities and services necessary for the proper
execution and completion of the Work.
3.7 Approved Equal
3.7.1 Whenever in the Contract Documents any article, appliance, device, or material is
designated by the name of a manufacturer, vendor, or by any proprietary or trade name,
the words "or approved equal," shall automatically follow and shall be implied unless
specifically indicated otherwise. The standard products of manufacturers other than those
specified will be accepted when, prior to the ordering or use thereof, it is proven to the
satisfaction of the City's Representative and the A/E they are equal in design,
appearance, spare parts availability, strength, durability, usefulness, serviceability,
operation cost, maintenance cost, and convenience for the purpose intended. Any
general listings of approved manufacturers in any Contract Document shall be for
informational purposes only and it shall be the Contractor's sole responsibility to ensure
that any proposed `or equal" complies with the requirements of the Contract Documents.
3.7.2 The Contractor shall submit to A/E and City's Representative a written and full description
of the proposed `or equal" including all supporting data, including technical information,
catalog cuts, warranties, test results, installation instructions, operating procedures, and
similar information demonstrating that the proposed `or equal" strictly complies with the
Contract Documents. The A/E or City's Representative shall take appropriate action with
respect to the submission of a proposed "or equal" item. If Contractor fails to submit
proposed "or equals" as set forth herein, it shall waive any right to supply such items.
The Contract Sum and Contract Time shall not be adjusted as a result of any failure by
Contractor to submit proposed "or equals" as provided for herein. All documents
submitted in connection with preparing an "or equal" shall be clearly and obviously
marked as a proposed `or equal" submission.
3.7.3 No approvals or action taken by the A/E or City's Representative shall relieve Contractor
from its obligation to ensure that an `or equal" article, appliance, devise or material strictly
complies with the requirements of the Contract Documents. Contractor shall not propose
"or equal" items in connection with Shop Drawings or other Submittals, and Contractor
acknowledges and agrees that no approvals or action taken by the A/E or City's
Representative with respect to Shop Drawings or other Submittals shall constitute
approval of any "or equal" item or relieve Contractor from its sole and exclusive
responsibility. Any changes required in the details and dimensions indicated in the
Contract Documents for the incorporation or installation of any `or equal" item supplied by
the Contractor shall be properly made and approved by the A/E at the expense of the
Contractor. No 'or equal' items will be permitted for components of or extensions to
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existing systems when, in the opinion of the A/E, the named manufacturer must be
provided in order to ensure compatibility with the existing systems, including, but not
limited to, mechanical systems, electrical systems, fire alarms, smoke detectors, etc. No
action will be taken by the A/E with respect to proposed "or equal" items prior to receipt of
bids, unless otherwise noted in the Special Conditions.
3.8 Shop Drawings, Product Data and Samples
3.8.1 Shop Drawings are drawings, diagrams, schedules and other data specifically prepared
for the Work by the Contractor or a Subcontractor, sub - subcontractor, manufacturer,
supplier or distributor to illustrate the specific requirements for some portion of the Work.
The A/E's construction drawings shall not be used as Shop Drawings.
3.8.2 Product Data are illustrations, standard schedules, performance charts, instructions,
brochures, diagrams and other information furnished by the Contractor to illustrate
materials or equipment for some portion of the Work.
3.8.3 Samples are physical samples which illustrate materials, equipment or workmanship and
establish standards by which the Work will be judged.
3.8.4 The Contractor, at its own expense, shall submit Samples required by the Contract
Documents with reasonable promptness as to cause no delay in the Work or the activities
of separate contractors and no later than twenty (20) days before materials are required
to be ordered for scheduled delivery to the Work site. Samples shall be labeled to
designate material or products represented, grade, place of origin, name of producer,
name of Contractor and the name and number of the City's project. Quantities of
Samples shall be twice the number required for testing so that A/E can return one set of
the Samples. Materials delivered before receipt of A/E's approval may be rejected by A/E
and in such event, Contractor shall immediately remove all such materials from the Work
site. When requested by A/E or City's Representative, samples of finished masonry and
field applied paints and finishes shall be located as directed and shall include sample
panels built at the site of approximately twenty (20) square feet each.
3.8.5 The Contractor shall perform no portion of the Work requiring submittal and review of
Shop Drawings, Product Data, Samples or similar Submittals until the respective
submittal has been submitted by the Contractor and approved by the A/E. Such Work
shall be in accordance with approved submittals.
■ The Contractor shall review, approve and submit, with reasonable promptness
and in such sequence as to cause no delay in the Work or in the work of the City
or any separate contractor, all Submittals required by the Contract Documents.
Unless otherwise directed in writing, the Contractor shall submit no less than six
(6) copies, unless specified otherwise, of each Submittal to the City. Routing of
said Submittals will be from the Contractor to the City to the City Representative
and /or Engineer. The City will return three (3) copies of each Submittal directly to
the Contractor. Contractor shall submit 2 of the three approved submittals from
the City representative to the Building Department as part of the permitting
documents required. Such submittals shall contain all signatures and related
seals as necessary and as required by the Building Department to secure an
approval from the Building Department.
For standard manufactured items not requiring special shop drawings for
manufacture, submit six (6) copies, unless specified otherwise, of manufacturer's
catalog sheets showing illustrated cuts of item to be furnished, scale details,
17
sizes, dimensions, performance characteristics, capacities, wiring diagrams and
controls, and all other pertinent information. Four (4) copies of reviewed
submissions will be returned to the Contractor.
• For all other shop drawings, submit one (1) legible, unfolded, reproducible,
transparencies and five (5) opaque prints for each drawing. Each drawing shall
have a clear space for stamps. When phrase "by others" appears on shop
drawings, the Contractor shall indicate on the drawing who is to furnish material
or operations so marked before submittal.
• The Contractor shall submit samples in triplicate of adequate size showing
quality, type, color range, finish and texture, unless otherwise specified.
• Where the technical specifications call for the submittal of manufacturer's data or
any other information to the City for information only, such Submittals shall be
made before the commencement of any portion of the Work requiring such
submission. Four (4) copies shall be submitted and one (1) will be returned to
the Contractor.
• For use of all trades, the Contractor shall provide such number of prints as are
required for field distribution. All communications and transactions with
manufacturers or Subcontractors shall be through the Contractor. Where
specifications require manufacturer's printed installation instructions, the
Contractor shall submit copies of such instructions for review. Where several
materials are specified by name for one use, select for use any of those so
specified. Whenever item or class of material is specified exclusively by trade
name, manufacturer's name, or by catalog reference, use only such item, unless
written approval for substitution is secured.
• No portion of the Work requiring submission of Submittals shall be commenced
or fabricated by the Contractor except at the Contractor's own risk, until the
Submittal has been reviewed by the City. All such portions of the Work shall be
in accordance with reviewed Submittals.
• By approving and submitting Shop Drawings, Product Data, Manuals and
Samples, etc. the Contractor represents that the Contractor has determined and
verified all materials, field measurements, and field construction criteria and that
the Contractor has checked and coordinated the information contained within
such submittals with the requirements of the Work and of the Contract
Documents. The Contractor shall adhere to any supplementary processing and
scheduling instructions pertaining to Shop Drawings, which may be issued by the
City.
• Parts and details not fully indicated on the contract drawings shall be detailed by
the Contractor in accordance with standard engineering practice. Dimensions on
the Contract Drawings, as well as detailed drawings themselves are subject in
every case to measurements of existing, adjacent, incorporated and completed
work, which shall be taken by the Contractor before undertaking any work
dependent on such data.
3.8.6 By approving and submitting signed and sealed Shop Drawings, Product Data, Samples
and similar submittals, the Contractor represents such Submittals strictly comply with the
requirements of the Contract Documents and that the Contractor has determined and
verified field measurements and field construction criteria related thereto, that materials
are fit for their intended use and that the fabrication, shipping, handling, storage,
assembly and installation of all materials, systems and equipment are in accordance with
best practices in the industry and are in strict compliance with any applicable
requirements of the Contract Documents. Contractor shall also coordinate each
Submittal with other Submittals.
3.8.7 Contractor shall be responsible for the correctness and accuracy of the dimensions,
measurements and other information contained in the Submittals. In the event Submittals
have been rejected two or more times as a result of the Contractor's failure to submit the
proper documentation, the Contractor shall be responsible for the cost associated with
the A/E's review. The Contractor shall make corrections required by the City and shall
resubmit the required number of corrected copies of Submittals. The Contractor shall
direct specific attention, in writing or on resubmitted Submittals, to revisions other than
those requested by the City on previous Submittals. Resubmittals necessitated by
required corrections due to Contractor's errors or omissions shall not be cause for
extension of Contract Time.
3.8.8 Each Submittal will bear a stamp or specific indication that the Submittal complies with
the Contract Documents and Contractor has satisfied its obligations under the Contract
Documents with respect to Contractor's review and approval of that Submittal. Each
Submittal shall bear the signature of the representative of Contractor who approved the
Submittal, together with the Contractor's name, City's name, number of the Project, and
the item name and specification section number.
3.8.9 The Contractor shall not be relieved of responsibility for deviations from requirements of
the Contract Documents by the A/E's approval of Shop Drawings, Product Data, Samples
or similar submittals. The Contractor shall not be relieved of responsibility for errors or
omissions in Shop Drawings, Product Data, Samples or similar Submittals by the A/E's
approval thereof. Specifically, but not by way of limitation, Contractor acknowledges that
A/E's approval of Shop Drawings shall not relieve Contractor for responsibility for errors
and omissions in the Shop Drawings since Contractor is responsible for the correctness
of dimensions, details and the design of adequate connections and details contained in
the Shop Drawings.
3.8.10 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings,
Product Data, Samples or similar Submittals, to revisions other than those requested by
the A/E on previous Submittals.
3.8.11 The Contractor represents and warrants that all Shop Drawings shall be prepared by
persons and entities possessing expertise and experience in the trade for which the Shop
Drawing is prepared and, if required by the A/E or applicable Regulations, by a licensed
engineer or other design professional.
3.9 Record Drawings
3.9.1 The Contractor shall maintain a set of Record Drawings on site in good condition and
shall use colored pencils to mark up said set with "record information" in a legible manner
to show: (1) bidding addendums, (2) executed change orders, (3)deviations from the
Drawings made during construction; (4) details in the Work not previously shown; (5)
changes to existing conditions or existing conditions found to differ from those shown on
any existing drawings; (6) the actual installed position of equipment, piping, conduits, light
switches, electric fixtures, circuiting, ducts, dampers, access panels, control valves,
drains, openings, and stub -outs; and (7) such other information as either City or A/E may
reasonably request. The prints for Record Drawing use will be a set of "blue line" prints
provided by A/E to Contractor at the start of construction. Upon Substantial Completion
of the Work, Contractor shall deliver all Record Drawings to City and A/E for approval. If
not approved, Contractor shall make the revisions requested by A/E or City's
Representative. Final payment and any retainage shall not be due and owing to
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Contractor until the final Record Drawings marked by Contractor as required above are
delivered to City.
3.10 Operating Instructions and Service Manuals
3.10.1 The Contractor shall submit four (4) volumes of operating instructions and service
manuals to the A/E before completing 50% of the adjusted contract amount. Payments
beyond 50% of the adjusted contract amount may be withheld until all operating
instructions and service manuals are received. The operating instructions and service
manuals shall contain:
• Start -up and Shutdown Procedures: Provide a step -by -step write up of all major
equipment. When manufacturer's printed start -up, trouble shooting and shut-
down procedures are available, they may be incorporated into the operating
manual for reference.
• Operating Instructions: Written operating instructions shall be included for the
efficient and safe operation of all equipment.
• Equipment List: List of all major equipment as installed shall include model
number, capacities, flow rate, and name -plate data.
• Service Instructions: The Contractor shall be required to provide the following
information for all pieces of equipment.
A. Recommended spare parts including catalog number and name of local
suppliers or factory representative.
B. Belt sizes, types, and lengths.
C. Wiring diagrams.
Manufacturer's Certificate of Warranty: Manufacturer's certificates of warranty
shall be obtained for all major equipment. Warranty shall be obtained for at least
one year from the date of Contractor's Substantial Completion. Where longer
period is required by the Contract Documents or provided for by the
manufacturer, the longer period shall govern.
■ Parts catalogs: For each piece of equipment furnished, a parts catalog or similar
document shall be provided which identifies the components by number for
replacement ordering.
3.10.2 Submission
■ Manuals shall be bound into volumes of standard 8 1/2" x 11" hard binders.
Large drawings too bulky to be folded into 8 1/2" x 11" shall be separately bound
or folded and in brown envelopes, cross referenced and indexed with the
manuals.
■ The manuals shall identify the City's project name, project number, and include
the name and address of the Contractor and major Subcontractors of any tier
who were involved with the activity described in that particular manual.
3.11 Contractor's Construction Schedules
3.11.1 The Contractor, within fifteen (15) days after the issuance of the Notice to Proceed, shall
prepare and submit for the City's and A/E's information Contractor's construction
20
schedule for the Work and shall set forth interim dates for completion of various
components of the Work and Work Milestone Dates as defined herein. The schedule
shall not exceed time limits current under the Contract Documents, shall be revised at
appropriate intervals as required by the conditions of the Work, and shall provide for
expeditious and practicable execution of the Work. The Contractor shall conform to the
most recent schedule.
The Construction Schedule must not exceed the time allowed by the RFP or stated by
the Contractor in the RFP unless approved by the City in writing. Contractor shall provide
a monthly update to the schedule; however, in the event that the schedule changes the
Contractor MUST provide a justification for the same that must be approved by the City.
In no event shall the date of completion change from the original approved date at the
time an Agreement is entered into without written approval from the City representative.
3.11.2 The construction schedule shall be in a detailed format satisfactory to the City's
Representative and the A/E. If the City's Representative or A/E has a reasonable
objection to the schedule submitted by Contractor, the construction schedule shall be
promptly revised by the Contractor. The Contractor shall monitor the progress of the
Work for conformance with the requirements of the construction schedule and shall
promptly advise the City of any delays or potential delays.
3.11.3 In the event the City's Representative or A/E determines that the performance of the
Work, as of a Milestone Date, has not progressed or reached the level of completion
required by the Contract Documents, the City shall have the right to order the Contractor
to take corrective measures (without additional cost to the City) necessary to expedite the
progress of construction, including, without limitation, (1) working additional shifts or
overtime, (2) supplying additional manpower, equipment, facilities, (3) expediting delivery
of materials, and (4) other similar measures (hereinafter referred to collectively as
Extraordinary Measures). Such Extraordinary Measures shall continue until the progress
of the Work complies with the stage of completion required by the Contract Documents.
The City's right to require Extraordinary Measures is solely for the purpose of ensuring
the Contractor's compliance with the construction schedule. The Contractor shall not be
entitled to an adjustment in the Contract Sum concerning Extraordinary Measures
required by the City under or pursuant to this provision. The City may exercise the rights
furnished the City under or pursuant to this provision as frequently as the City deems
necessary to ensure that the Contractor's performance of the Work will comply with any
Milestone Date or completion date set forth in the Contract Documents.
PROVISION 4
ADMINISTRATION OF THE CONTRACT
REFER TO AGREEMENT
PROVISION 5
CHANGE ORDERS
5.1 The City, as authorized by its governing body, may authorize written Change Orders regarding
changes in, or additions to, Work to be performed or materials to be furnished pursuant to the
provisions of the Contract Documents.
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5.2 The amount of adjustment in the contract price for authorized Change Orders will be agreed upon
before such Change Orders becomes effective and will be determined as follows:
5.2.1 By an acceptable unit price or lump sum proposal from the Contractor and the Subcontractors of
any tier. Breakdowns shall be of sufficient detail to allow evaluation by the City and include a
listing of each item of material with unit prices and number of hours of labor for each task. For
Subcontracted work, all cost information and breakdowns must be submitted on Subcontractor's
company letterhead for the review of the City. The total cost of the change order must reflect
each task or subcontracted work and be provided on the Contractor's letterhead. All attachments
must be included to be considered.
5.2.2 By a time and material basis with or without a specified maximum, including all overhead and
profit, total cost not to exceed maximum specified. The City's Representative will approve daily
the Contractor's time and material for the Work. Time must be submitted on daily time sheets.
Hourly rates must be negotiated prior to commencement of work.
5.3 Overhead and profit on Change Orders shall be applied as follows:
5.3.1 The overhead and profit charged by the Contractor shall be considered to include, but not
limited to, performance and payment bond, job site office expense, normal hand tools,
incidental job supervision, field supervision, company benefits, general office overhead,
and other incidentals. The percentages for overhead and profit charged on Change
Orders shall be negotiated and may vary according to the nature, extent, and complexity
of the Work involved but in no case shall exceed the following:
Overhead and Profit
Not to exceed 12% combined (specific percentage will be negotiated at the time of
request)
Not more than three mark -ups, not to exceed individual maximums shown above, shall
be allowed regardless of the number of tier subcontractors. Overhead and profit shall be
shown separately for each subcontractor of any tier and the Contractor.
5.3.2 On proposals covering both increases and decreases in the amount of the Contract, the
application of overhead and profit shall be on the net change in direct cost for the
Contractor or Subcontractor of any tier performing the Work.
5.4 The contractor shall provide Change Order pricing and backup in a timely manner. No claim for
an addition to the Contract sum will be valid unless authorized in writing by the City.
5.5 No changes or additions to work to be performed, materials to be furnished, or in the provisions of
the Contract will be authorized until execution and delivery by the City to the Contractor of the
written order referred to in this paragraph. Any work completed by the Contractor outside the
original project scope without written approval from the City will be deemed as a waiver by the
Contractor for additional compensation for said work.
5.6 If the Contractor asserts that any instructions, information, event or occurrence has caused a
change in or addition to the Work which change causes an increase or decrease in the
Contractor's cost or time required for the performance of any part of the Work under the Contract,
the Contractor shall give the City written notice before conditions are disturbed and before
proceeding to execute the Work. Contractor's notice shall be given promptly enough to avoid
delaying the Work and in no instance later than seventy two hours after such instructions,
information, event or occurrence has caused a change. If the City agrees that the Work involved
is extra Work, a Change Order shall be issued as provided in this Article. No claims for extra
Work shall be allowed unless the notice required by this Article is given by the Contractor within
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the time allowed, unless the Work is performed pursuant to the written order of the City as
provided in this Article. Contractor's notice shall include the instructions or circumstances that
are the basis of the claim and the Contractor's best estimate of the cost and time involved.
PROVISION 6
TIME
6.1 Progress and Completion
6.1.1 Contractor acknowledges and agrees that time is of the essence.
6.1.2 Contract Time is the period of time set forth in the Contract for Construction required for
Substantial Completion and Final Completion of the entire Work or portions of the Work
as defined in the Contract Documents. Time limits stated in the Contract Documents are
of the essence of the Contract. The Contract Time may only be changed by a Change
Order. By executing the Contract, the Contractor confirms that the Contract Time is a
sufficient period for performing the Work in its entirety.
6.1.3 The Contractor shall not knowingly, except by agreement or instruction of the City in
writing, prematurely commence operations on the site or elsewhere prior to the effective
date of insurance and bonds.
6.1.4 The Contractor shall proceed expeditiously and diligently with adequate forces and shall
achieve Substantial Completion and Final Completion within the time specified in the
Contract Documents.
6.2 Delay in Completion
6.2.1 The Contractor shall be liable for all of the City's damages for delay in achieving
Substantial Completion and /or Final Completion of the entire Work or portions of Work as
set forth in the Contract Documents within the Contract Time unless liquidated damages
are specifically provided for in the Contract Documents. If liquidated damages are
specifically provided for in the Contract for Construction, Contractor shall be liable for
such liquidated damages.
6.2.2 All time limits stated in the Contract are of the essence of the Contract. However, if the
Contractor is delayed at any time in the progress of the Work by any act or neglect of the
City or by the City's Representative, by changes ordered in the Work, by strikes, lockouts,
abnormal weather conditions, jurisdictional disputes, or any other causes beyond the
Contractor's reasonable control which the City's Representative determines may justify
delay then the Contract Time may be extended for a reasonable time to the extent such
delay will prevent Contractor from achieving Substantial Completion and /or Final
Completion within the Contract Time and if performance of the Work is not, was not or
would not have been delayed by any other cause for which the Contractor is not entitled
to an extension in the Contract Time under the Contract Documents. It shall be a
condition precedent to any adjustment of the Contract Time that Contractor provide the
City's Representative with written notice of the cause of delay within seven (7) days from
the occurrence of the event or condition which caused the claimed delay. Written notices
hereunder shall be in accordance with the applicable provisions.
6.2.3 The Contractor further acknowledges and agrees that adjustments in the Contract Time
will be permitted for a delay only to the extent such delay (1) is not caused, or could not
have been anticipated, by the Contractor, (2) could not be limited or avoided by the
Contractor's timely notice to the City of the delay, (3) prevents Contractor from
completing its Work by the Contract Time, and (4) is of a duration not less than one (1)
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day. Delays attributable to and within the control of a Subcontractor or supplier shall not
justify an extension of the Contract Time.
6.2.4 Notwithstanding anything to the contrary in the Contract Documents, an extension in the
Contract Time, to the extent permitted under this provision, shall be the sole remedy of
the Contractor for any (1) delay in the commencement, prosecution or completion of the
Work, (2) hindrance or obstruction in the performance of the Work, (3) loss of
productivity, or (4) other similar claims due to or caused by any events beyond the control
of both the City and Contractor. In no event shall the Contractor be entitled to any
compensation or recovery of any damages or any portion of damages resulting from
delays caused by or within the control of Contractor or by acts or omissions of Contractor
or its Subcontractors of any tier or delays beyond the control of both City and Contractor.
If the Contractor contends that delay, hindrance, obstruction or other adverse condition
results from acts or omissions of the City, the City's Representative or the A/E,
Contractor shall promptly provide written notice to the City. Contractor shall only be
entitled to an adjustment in the Contract Sum to the extent that such acts or omissions
continue after the Contractor's written notice to the City of such acts or omissions. The
City's exercise of any of its rights or remedies under the Contract Documents (including,
without limitation, ordering changes in the Work, or directing suspension, rescheduling or
correction of the Work) regardless of the extent or frequency of the City's exercise of
such rights or remedies, shall not be the basis of any Claim for an increase in the
Contract Sum or Contract Time. In the event Contractor is entitled to an adjustment in
the Contract Sum for any delay, hindrance, obstruction or other adverse condition caused
by the acts or omissions of the City, the City's Representative or the A/E, Contractor shall
only be entitled to its actual direct costs caused thereby and Contractor shall not be
entitled to and waives any right to special, indirect, or consequential damages including
loss of profits, loss of savings or revenues, loss of anticipated profits, labor inefficiencies,
idle equipment, home office overhead, and similar type of damages.
6.2.5 If the Contractor submits a progress report or any construction schedule indicating, or
otherwise expressing an intention to achieve completion of the Work prior to any
completion date required by the Contract Documents or expiration of the Contract Time,
no liability of the City to the Contractor for any failure of the Contractor to so complete the
Work shall be created or implied. Further, the Contractor acknowledges and agrees that
even if Contractor intends or is able to complete the Work prior to the Contract Time, it
shall assert no Claim and the City shall not be liable to Contractor for any failure of the
Contractor, regardless of the cause of the failure, to complete the Work prior to the
Contract Time.
PROVISION 7
PAYMENTS AND COMPLETION
7.1 Commencement, Prosecution, and Completion
7.1.1 The Contractor shall commence Work within five (5) days upon the date of a "Notice to
Proceed" from the City or the date fixed in the Notice to Proceed. Contractor shall
prosecute the Work with faithfulness and diligence, and the Contractor shall complete the
Work within the Contract Time set forth in the Contract Documents.
7.1.2 In the event Contractor fails to provide City such documents, Contractor may not enter
upon the site of the Work until such documents are provided. The date the Contractor is
required to commence and complete the Work shall not be affected by the City denying
Contractor access to the site as a result of Contractor's failure to provide such documents
and Contractor shall not be entitled to an adjustment of the Contract Time or Contract
sum as a result of its failure to comply with the provisions of this Paragraph
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7.1.3 Any successful bidder which is a corporation organized in a state other than Florida or
any bidder doing business in the State of Florida under a fictitious name shall furnish, at
no cost to the City, no later than the time at which the executed Contract for Construction,
the Payment Bond, and the Performance Bond are returned, a properly certified copy of
its current Certificate of Authority and License to do business in the State of Florida. No
contract will be executed by the City until such certificate is furnished by the bidder.
7.1.4 Within fifteen (15) calendar days of the issuance of a Notice to Proceed, the Contractor
shall submit one (1) signed copy of the following instruments. No payment will be
processed until all of these instruments are received and approved by the City's
Representative.
• Construction Schedule
• Contractor's Schedule of Values
• List of material suppliers
• Itemized breakdown of anticipated equipment rates. Overhead and profit shall not be
included.
7.2 Contract Sum
7.2.1 The City shall compensate Contractor for all Work described herein and in the Contract
Documents the Contract Sum set forth in the Contract for Construction, subject to
additions and deletions as provided in the Contract.
7.3 Schedule of Values
7.3.1 Within fifteen (15) days after receipt of the Notice to Proceed, the Contractor shall submit
to the City's Representative a revised schedule of values allocated to various portions of
the Work, prepared in such form and supported by such data to substantiate its accuracy
as the City's Representative may require. The schedule of values MUST be approved by
the City. This schedule, unless objected to by the City's Representative, shall be used as
a basis for reviewing the Contractor's Applications for Payment. The values set forth in
such schedule shall not be used in any manner as fixing a basis for additions to or
deletions from the Contract Sum. The Schedule of Values is strictly for payment
allocation and shall not be used to establish prices.
7.4 Applications for Payment
7.4.1 Progress payments shall be made on account of materials and equipment delivered to
the site and incorporated in the Work. No payments will be made for materials and
equipment stored at the Project site but not yet incorporated into the Work.
7.4.2 If approved in writing and in advance by City, progress payments may be made on
account of materials and equipment delivered and suitably stored at the site for
subsequent incorporation in the Work. City may in its sole discretion refuse to grant
approval for payments for materials and equipment stored at the Project site but not yet
incorporated in the Work. Any approval by City for payment for materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the Work shall be
conditioned upon Contractor's demonstrating that such materials and equipment are
adequately protected from weather, damage, vandalism and theft and that such materials
and equipment have been inventoried and stored in accordance with procedures
established by or approved by the City. Nothing in this clause shall imply or create any
liability on the part of the City for the Contractor's inventory and storage procedures or for
any loss or damage to material, equipment or supplies stored on the site, whether
incorporated into the work or not. In the event any such loss or damage occurs, the
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Contractor remains solely responsible for all costs associated with replacement of the
affected materials, supplies and equipment including labor and incidental costs, and shall
have no claim against the City for such loss.
7.4.3 All applications for payment MUST be made on a standard AIA payment application form
acceptable to the City Representative and must contain the PO number and other project
information. All payment applications must include Original releases of Liens from all
suppliers, materialmen, subcontractors, and the Prime Contractor. Applications will not
be processed without all pertinent back -up documentation as required by the City's
Representative.
7.5 Decisions to Withhold Approval
7.5.1 The City's Representative may decide not to certify payment and may withhold approval
in whole or in part, to the extent reasonably necessary to protect the City. If the City's
Representative is unable to approve payment in the amount of the Application, the City's
Representative will notify the Contractor. If the Contractor and City's Representative
cannot agree on a revised amount, the City's Representative will promptly issue approval
for payment for the amount for which the City's Representative is able to determine is
due Contractor. The City's Representative may also decide not to approve payment or,
because of subsequently discovered evidence or subsequent observations, may nullify
the whole or a part of approval for payment previously issued, to such extent as may be
necessary in the City's Representative opinion to protect the City from loss because of:
• Defective Work not remedied or damage to completed Work;
• Failure to supply sufficient skilled workers or suitable materials;
• Third party claims filed or reasonable evidence indicating probable filing of such
claims;
• Failure of the Contractor to make payments properly to Subcontractors or for
labor, materials or equipment;
• Reasonable evidence that the Work cannot be completed for the unpaid balance
of the Contract Sum;
• Damage to the City or another contractor;
• Reasonable evidence that the Work will not be completed within the Contract
Time or an unsatisfactory rate of progress made by Contractor;
• Contractor's failure to comply with applicable Rules, regulations, Statutes,
Ordinances, standards;
• Contractor's or Subcontractor's failure to comply with contract Prevailing Wage
requirements; or
• Contractor's failure to carry out the Work in strict accordance with the Contract
Documents.
• Incomplete payment application.
7.5.2 When the above reasons for withholding approval are removed, approval will be made for
amounts previously withheld.
7.6 Failure of Payment
7.6.1 If the City is entitled to reimbursement or payment from the Contractor under or pursuant
to the Contract Documents, such payment by Contractor shall be made promptly upon
demand by the City. Notwithstanding anything contained in the Contract Documents to
the contrary, if the Contractor fails to promptly make any payment due the City, or the
City incurs any costs and expenses to cure any default of the Contractor or to correct
defective Work, the City shall have an absolute right to offset such amount against the
Contract Sum and may, in the City's sole discretion, elect either to: (1) deduct an amount
26
equal to that to which the City is entitled from any payment then or thereafter due the
Contractor from the City, or (2) issue a written notice to the Contractor reducing the
Contract Sum by an amount equal to that to which the City is entitled.
7.7 Substantial Completion
7.7.1 Substantial Completion is the stage in the progress of the Work as defined in the
Contract Documents.
7.7.2 At the date of Substantial Completion, the Contractor may apply for, and if approved by
City's Representative subject to the provisions herein, shall increase total payments to
one hundred percent (100 %) of the Contract Sum less two hundred percent (200 %) of
the value of any incomplete Work and unsettled claims, as determined by the City's
Representative.
7.8 Final Completion and Final Payment
7.8.1 The final approval for payment will not be issued by the City's Representative until all
warranties and guarantees have been received and accepted by the City.
7.8.2 The City will request the Contractor to submit the application for final payment along with
a manually signed notarized letter on the Contractor's letterhead certifying that:
• Labor costs, prevailing wage rates, fringe benefits and material costs have been
paid.
• Subcontractors of any tier and manufacturers furnishing materials and labor for
the project have fully completed their Work and have been paid in full.
• The project has been fully completed in accordance with the Contract Documents
as modified by Change Orders.
• The acceptance by Contractor of its Final Payment, by check or electronic
transfer, shall be and operate as a release of all claims of Contractor against City
for all things done or furnished or relating to the Work and for every act or alleged
neglect of City arising out of the Work.
7.8.3 No payment under this Contract, including but not limited to final payment, shall
constitute acceptance by City of any Work or act not in accordance with the requirements
of the Contract Documents.
PROVISION 8
BONDS
8.1 Bonds:
Bid Bonds, when required, shall be submitted with the Bid in the amount specified in Special
Conditions. After acceptance of Bid, the City will notify the successful bidder to submit a
performance bond and certificate of insurance in the amount specified herein.
8.1.1 The Contractor shall procure and furnish a Performance Bond and a Payment Bond in
the form prepared by the City, each in an amount equal to one hundred percent (100 %)
of the Contract Sum, as well as adjustments to the Contract Sum. The Performance Bond
shall secure and guarantee Contractor's faithful performance of this Contract, including
but not limited to Contractor's obligation to correct defects after final payment has been
made as required by the Contract Documents. The Payment Bond shall secure and
guarantee payment of all persons performing labor on the Project under this Contract and
furnishing materials in connection with this Contract. These Bonds shall be in effect
27
through the duration of the Contract plus the Guaranty Period as required by the Contract
Documents.
8.1.2 If the surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes
insolvent or its right to do business is terminated in the State of Florida or it ceases to
meet the requirements of other applicable laws or regulations, CONTRACTOR shall
within three (3) days substitute another bond and surety, both of which must be
acceptable to CITY. If Contractor fails to make such substitution, City may procure such
required bonds on behalf of Contractor at Contractor's expense.
8.1.3 Upon the request of any person or entity appearing to be a potential beneficiary of bonds
covering payment of obligations arising under the Contract, the Contractor shall promptly
furnish a copy of the bonds to such person or entity.
8.1.4 The Contractor shall keep the surety informed of the progress of the Work, and, where
necessary, obtain the surety's consent to or waiver of: (1) notice of changes in the Work;
(2) request for reduction or release of retention; (3) request for final payment; and (4) any
other material required by the surety. The City shall be notified by the Contractor, in
writing, of all communications with the surety. The City may, in the City's sole discretion,
inform surety of the progress of the Work, any defects in the Work, or any defaults of
Contractor under the Contract Documents and obtain consents as necessary to protect
the City's rights, interest, privileges and benefits under and pursuant to any bond issued
in connection with the Work.
8.1.5 Contractor shall indemnify and hold harmless the City and any agents, employees,
representative from and against any claims, expenses, losses, costs, including
reasonable attorneys' fees, as a result of any failure of Contractor to procure the bonds
required herein.
PROVISION 9
UNCOVERING AND CORRECTION OF THE
WORK
9.1 Uncovering of the Work
9.1.1 If a portion of the Work is covered contrary to the A/E's request or to requirements
specifically expressed in the Contract Documents, it shall, if required in writing by the A/E
or the City's Representative, be uncovered for the A/E's observation and be replaced at
the Contractor's expense without change in the Contract Time.
9.1.2 If a portion of the Work has been covered which the A/E or the City's Representative has
not specifically requested to observe, prior to its being covered, the A/E or the City's
Representative may request to see such Work, and it shall be uncovered by the
Contractor. If such Work is in accordance with the Contract Documents, costs of
uncovering and replacement shall, by appropriate Change Order, be charged to the City.
If such Work is not in accordance with the Contract Documents, the Contractor shall pay
such costs unless the condition was caused by the City or a separate contractor in which
event the City will be responsible for payment of such costs.
9.2 Correction of the Work
9.2.1 The A/E or City's Representative shall have the right to reject Work not in strict
compliance with the requirements of the Contract Documents. The Contractor shall
promptly correct Work rejected by the A/E or the City's Representative for failing to
conform to the requirements of the Contract Documents, whether observed before or
after final completion and whether or not fabricated, installed, or completed. If Work has
been rejected by A/E or City's Representative, the A/E or City's Representative shall
have the right to require the Contractor to remove it from the Project site and replace it
with Work that strictly conforms to the requirements of the Contract Documents
regardless if such removal and replacement results in "economic waste." Contractor
shall pay all claims, costs, losses and damages caused by or resulting from the
correction, removal or replacement of defective Work, including but not limited to, all
costs of repair or replacement of Work of others. The Contractor shall bear costs of
correcting, removing and replacing such rejected Work, including additional testing and
inspections and compensation for the A/E's services and expenses made necessary
thereby. If prior to the date of final payment, the Contractor, a Subcontractor or anyone
for whom either is responsible uses or damages any portion of the Work, including,
without limitation, mechanical, electrical, plumbing and other building systems,
machinery, equipment or other mechanical device, the Contractor shall cause such item
to be restored to "like new" condition at no expense to the City.
9.2.2 If, within twelve (12) months after the date of Final Completion of the Work or designated
portion thereof, or after the date for commencement of warranties, or by terms of an
applicable special warranty required by the Contract Documents, any of the Work is
found not to be in strict accordance with the requirements of the Contract Documents, the
Contractor shall correct or remove and replace such defective Work, at the City's
discretion. Such twelve (12) month period is referred to as the "Guarantee Period." The
obligations under this Paragraph 9.2.2 shall cover any repairs, removal and replacement
to any part of the Work or other property caused by the defective Work.
9.2.3 The Contractor shall remove from the site portions of the Work which are not in
accordance with the requirements of the Contract Documents and are neither corrected
by the Contractor nor accepted by the City.
9.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the City
may correct or remove it and replace such nonconforming Work. If the Contractor does
not proceed with correction of such nonconforming Work within a reasonable time fixed
by written notice from the City, the City may take action to correct or remove the
nonconforming work at the contractor's expense.
9.2.5 The Contractor shall bear the cost of correcting destroyed or damaged Work or property,
whether completed or partially completed, of the City or of others caused by the
Contractor's correction or removal of Work which is not in accordance with the
requirements of the Contract Documents.
9.2.6 The removal and repair of defective work does not constitute a right to claim by the
Contractor for a time extension to the Contract. Contractor shall repair and replace
defective Work at Contractor's sole expense.
9.3 Acceptance of Nonconforming Work
9.3.1 The City may accept Work which is not in accordance with the Contract Documents,
instead of requiring its removal and correction, in its sole discretion. In Such case the
Contract Sum will be adjusted as appropriate and equitable. Such adjustment shall be
made whether or not final payment has been made. Nothing contained herein shall
impose any obligation upon the City to accept nonconforming or defective Work.
RM
PROVISION 10
MISCELLANEOUS PROVISIONS
10.1 Written Notice
10.1.1 All notices required to be given by the contractor under the terms of this Contract shall be
made in writing. Written Notices, when served by the City, will be deemed to have been
duly served if delivered in person to the individual or a member of the firm or entity or to
an office of the corporation for which it was intended, or if delivered at or sent to the last
business address known to the party giving notice.
10.2 Rights and Remedies
10.2.1 Duties and obligations imposed by the Contract Documents, and rights and remedies
available thereunder shall be in addition to and not a limitation of duties, obligations,
rights, and remedies otherwise imposed or available by law.
10.2.2 No action or failure to act by the City, the A/E, or the City's Representative will constitute
a waiver of a right or duty afforded to the City under the Contract Documents, nor will
such action or failure to act constitute approval of or acquiescence in a breach
thereunder, except as may be specifically agreed in writing.
10.2.3 The terms of this Contract and all representations, indemnifications, warranties and
guarantees made in, required by or given in accordance with the Contract Documents, as
well as all continuing obligations indicated in the Contract Documents, will survive final
payment, completion and acceptance of the Work and termination or completion of the
Work and shall remain in effect so long as the City is entitled to protection of its rights
under applicable law.
10.2.4 Contractor shall carry out the Work and adhere to the current construction schedule
during all disputes or disagreements with the City. No Work shall be delayed or
postponed pending resolution of any disputes or disagreements except as the City and
Contractor may otherwise agree to in writing.
10.3 Records
10.3.1 The City, or any parties it deems necessary, shall have access to and the right to
examine any accounting or other records of the Contractor involving transactions and
Work related to this Contract for five (5) years after final payment or five (5) years after
the final resolution of any on going disputes at the time of final payment. All records shall
be maintained in accordance with generally accepted accounting procedures,
consistently applied. Subcontractors of any tier shall be required by Contractor to
maintain records and to permit audits as required of Contractor herein.
10.4 Codes and Standards
10.4.1 The Work shall be performed to comply with the Florida Building Codes, and all pertinent
standards, rules and /or regulations. The latest editions and supplements of these Codes
and Standards in effect on the date of the execution of the Contract for Construction shall
be applicable unless otherwise designated in the Contract Documents.
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N4MIN CONSTR UCTION
2121 N. W. 139 ST UNIT 4
OPA — LOCKA, FL. 33054
Phone: 305 - 681 -6989
Fax : 305 -681 -4969
E -Mail: brucenamin@aoL coin
City of Sunny Isles Beach- Bella Vista Park Improvements
RFP No. 11- 05 - -01
Responses fo Seeddh5Pfoposal Format
I- Company Information
Company: Namin Construction Co. Inc
Location: 2121 N. W 139 st. Bay # 4
Opalocka ,Fl. 33054
Web Site: `u }_vkvAdmin Construction. net
Business Structure: Florida Corporation , , founded in April 1991
Proof of Insurance: (See Attached)
Length of Proposed Service: Based on Turn time of suppliers we propose 10 weeks. '-
2- Qualifications
21 We feel best qualified for a project such as RFP 11- 05- 11based on our past.
experience with Miami -Dade County Park and Recreation Projects_, such as "Little
River Park Improvements " Water Front projects such as ``Viscom Repairs and
Improvements" both requiring that the. facilities remain functional during the
construction period "Miccosukee Embassy" at the Miami River, was in many ways:
similar to this RFP, Requiring Site World Drainage improvements, Land Scape,
Irrigation, Chiki Hut of very similar construction as: th"e Bella Vista Shelter(with the
exception of the roof j, Brick Pavers. extreme consciousness of the fauna and Histozcul
Trees and Caves around the property. All of the above requiring above normal safety :
measures and premise funtionability during construction.
22 Proposed Services
Namin Construction will provide: Permitting, Material, Labor and Equipment : to:
,.,
deliver a Turn Key project per plans and specs at Bella Vista Park as Follows:
Demolition and site work
Build Shelters
Electrical
Plumbing
Pre -Fab Concession stand
Canvas structures
Repair appx. 1000 sq fit of Dock Incl. (1) beam
Brick Pavers
Trellis, Railings and Fence
Land Escape and Irrigation
Signage
3- Staffing
Bruce Namin/Owner President /Qualifier: Mr. Namin is a construction professional
with over thirty years experience, he personally oversees, reviews with the staff project
project
status, critical path schedules, budget, as our in house project consultant and advisoe,
site visits on a daily basis.
Ralph Silva/Project Manager: Industrial Engineer with over 15 years in construction
will be the coordinating entity in charge of the project. preconstr•uction,. Scheduling. and
Planning:
Gregorio S. MartineZISuperintendent: Civil Engineer with over 35 years ofjaeld
expertise, Gregorio will be on site 100% of the project duration, actually supervisong all
aspects of the project, maintaining the schedule and budgets.
Lazaro Ramos /Master Carpenter and Crew Supervisor.
4- Approach IMethodology
Preeonstruction: Once we receive notice of award we immediately. notify all subs to, set.
up a pre- construction meeting The schedule for each and every trade is discussed arid.
agreed upon by all parties; the official Schedule and Critical Path are,published.. Also
during this meeting we establish, temporary services, . temporary access, site security and
safety.
Permitting: Immediately all required logistics to obtain permitting take place.
Purchasing: Pre - Construction meeting is also the time to present the. "Purchasingplan"
because gfthe different lead times involved Purchasing has its own Critical Path.
During Construction: The schedule is constantly monitored and subs and suppliers are
notified in advance. that their services are about to be required., they must work according -
to or ahead of their schedule when ever possible, delays on anyone's part must be m' qde
up within 24 hrs. by an increase of man hours, equipment, material, whatever it takes; :fir %e.
have not been late on a:project in the past 20 years, as a matter offact we have
completed,appx: 80% of our projecis ahead of time.
Vt+P - I t- -C. 0 I
i
During Construction we have weekly Production meetings with minutes published to. keep
everyone on the same page, copies are issued to the Owner of all that transpires r'n oc�der
to keep Owners in the loop.
After Construction: We stand behind our warranties and to date have not had a single
Issue in that respect..
1 5 -Price Proposal- (See Attached)
6- References — (See Attached)
N"-rN CONSTRUCTION
2121 N. W. 139 ST UNIT 4 0610112011
OPA — LOCKA, FL. 33054
Phone: 305 -681 -6989
Fax :305-681-4969
E -Mail: brucenamin@aoL com
PROPOSAL
To: City of Sunny Isles Beach
Re: Bella Vista Park Improvements t E - o G -o
Namin Construction Co. Inc is pleased to submit our Proposal based on plans. and `
specs as drawn by LIVES Associates (Dated 412612011 Note Labor is Not at Prevailing
Wages,' Aekhdw1edgement . rf Addendun s 1 tlaru 4 Proposal is, for Materials, Equipsaeni
and Supervision as follows:
1- Demolition 7- Canvas / Umbrellas 13- Pre -Fab Building
2- Site Work and Drainage 8- Fumiture 14 -Brick Pavers
3- Concrete 9- Land escape / Irrigation. 15- Railing
4- Shelters 10- Fencing 16- 1000 SQ /ft Dock repair,
5- EIectrical/ATT empty pipel l- Traffic Maintenance 17- Signage
6- Plumbing 12- Tenant Access 18- Permit Logistics
l
TOTAL BID: Three hundred Sixty -Two Thousand Nine hundred.. $362,900.00
Add Alternative #I
1- Replacing Wood Deck with PVC ... ... ... ......'... ,.................. .
.$12,907.00
Substantial ConWietion of 10 TVeeks• based on delivery of Pre fab Building, your
recommended supplier is quoting between 60 and 90 days Delivery:
General Exclusions -, (Provided by Others)
Cost of City Permhs
5-Payment Schedule Standard Industry, Monthly pay request.
We appreciate the .opportunity to provide you with our Proposal, should you have any:
questions please contact me at our once.
Sincerely: • .
Ralph Silva (Namin Construction Co)
�7 e'1?4a
dQ'l%j,U0,v,I 1.):"
001'Rracts
(1904 1. loon _11P
... .........
The School Board 0 Broward, Courn: Florida
yi.
Facilities &
T'd The AppIlcant-Please provido foem to your reformico-9
REFFRENCES FOR
F "NEWAL Or CERT
W
COIqTRACI'ORPRF.(."IIJAIL-IFICATION
To Then Reference-PleRse complete grid forward it) recumait &
The School Board of Broward Caurity, Florida;
TO: Malay or a-mail, dalay,rodriguez
Donna or o-mall: donne. murroy0brownrdschoola,00m.
r6empt calls
0WIP. ;.?1754-32 1 -1654
Donna ,�t 7,54-321 -1600
, ROERENCE FL' R (com hmm
(Flew provide mforence lbr the above compgny)
Company NA-me (providlhg r4for-once): PAkjPk 1'. (.".f
!;� Your Aftlyle,
your title: _
,.! .Y(5ur phono- l)tjmbar_-
XC2
Name of Projeot;
Aa z C�! (2,
Date of C
(Ptoloors ITIUSt hAV(s been uompletmd within ft law 55 yeare)
Please.reapond to the frAlothIng
1. Prolsot txrnpleted 01,11 TI ME:
NO,
If 6110;
Time FxtenFlon Approv*d? Ye's - 61c)
Utlyid,aW Darnages Aseessed? YES - NO
On ftoged;
If Nd:
-0tiAhqf? Ordq)rF; Af,)prtjv6d? Y1'$3 - N(',) 6v -Reagi vx- T)
If y1o's. -
% Owner Roquant
:2. Projeot an 19UD C-3&; NO
ty of Work; BELOW AVE RAGE
3. Quail (�EJOVIF AVi�- AVERAGE
4. Would you hire Ibis fli'm 6galn, yf 1\10
�omm0rrta: ,1
IF
-14
0 bl V41 2U I 'Je 1;e: l)U JUbZq I .'bJftl MVU I- Al.:1LI 1 lhb i 1!:at~ 01 /U
un
Om
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pnr
.
&
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RENOWAL OF
"Lliv 1 '"JTOP4
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Maw or DMalli.
r 55 19I t7 rfj4 IVA
LOO 01184421 on
he tbo"
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_4ev
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to
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3. QA* of Work..
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3. QA* of Work..
Wwo Val Mrs wr filth 00100irl:
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too.)
Namin Construction Bella Vista Park
2121 N.W. 139 st Bay # 4 Preliminary Buildings Schedule
Opalocka Fl. 33054 Subject To Revisions after final plans and Permits are Issueed
305 -681 -6989-
Uri • t�c��;r�,1
WEEK
O.
Division no. Descriptions
7 2
3
4
6
$
7
B
9 7Q
Permit. io istics
Traflc Maintenance
Tenant Access
Purchasing
Demolition
Site work
irrigation Rough
Shelters
Concrete
Fencin
Electrical Rou h
Plumbing Rough
Dock Repair
Prefab Building
Canvas Assesorles
Furniture and Railing
Brick Pavers
Gates
Clean up / punch Items
Uri • t�c��;r�,1
08Q,M CERTIFICATE OF LIABILITY INSURANCE
PRODUCER =_0 N IN,DUn^l)
8 1 1
THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORNI,4TION
..CNS._.. INSURANCE ...GROUP.,.....INC._....... ONLY ANb C.ONF6R5 NO RIGHTS UPON THE. CERTIFICATE
- HOLDER':-THIS- .CERTIFICATE DOES" NOT AMEND,—1 XTENQ.gR .
6264 MIRAMAR PARKWAY ALTER THE COVEEIAGE AFFORDED BY THE POLICIES BELOW,
NIRAWr FL 33023 -
INSURERS AFFORDING COVERAGE;
INSURI'D NAMIN CONSTRUCTION CO . INC . r�SU R'A
RY
R E; 1951 NW 141 ST HAY # 9 R C; OPA LOCKA FL 33054. R D: p•
THE POLICIES OF INSURANCE_ LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NO' RAi"STANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WINCH THIS CERTIFICATE MAY BE MUM OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY "AVE BEEN REDUCED BY PAID CLAIMS,
TYPE OFINSURANCE POLICY NUMBER D TE M !pp T PATE UY M EPODE T O LIMITS
GENERALLIAMLITY EACH OCCURRENCE __ F
COMMERCIAL GENEWIL UA191UTY MERE DAMAGE (Any one Ikej 1
CLAIMS MADE OCCUR
1 };. M$0 EXP (Any ane person) < .
PtR90NAL A AOV INJURY I
OENERALAGGREGnTE fi
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG —
POLICY PRO. LOC
AUTOMOBILE LIABILITY
ANYAUTO
COMBINED SINGLE LR.41T Yj._! coo 000
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Atl OWNED AUTOS - - -
BODILY INJURY
SCHEDULED AUTOS - - - IPer Person) S
A X HIRED AUTOS FLC7013I03 --3
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E.L. OISEASE - POLICY LIF.dIT I
,
ESCRIPTION OP OPERATIONSILOCATIONSIVEHICLES !EXCLUSIONS ADDED BY ENQORSEMENTISPECIAL PROVISIONS
WNCRETE CONSTRUCTION
1997, FORD F -350 # IFDKF37HMA03444
i
CERTIFICATE HOLDER X ADDITIONAL INSURED) INSURER LETtM:
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
CANCELLED BEFORE TF -EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3DT DAYS WRITTEN
- NOTICE TO THE QERTIPICATE HOLLER NAM @D TO THE LEFT, BUT FAILIJRE TO 00 80 SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY RIND UPON THE INCURFR, ITS AGENTS OR
•
REPRESEN . ES. £
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ANY liEQUIREMENT. TERM OR I;GIgDITIQN OF AKIY COWMA,CT OR OTHER DOCUMCMT V4rm RESPE(:rT' TO WHICH THIS CERTIPIW -E 14A•i BE i OEG UR 1
r.aAV wcR7AC THE JhlsllFir PJCE AFtOIZDECI BY THE POLICIES OE.SC,RIBEU MERF.IN IS SUBJECT 70 ALT. THE '1'Etild 9. t')LCLUBIOHS Ar1L' +:c7n:f.'!ITIOhdS 4F �U %li
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DELIVER TO:
City of Sunny Isles Beach
City Clerk
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Request for. Proposal
SECTION 6
BID SUBMITTAL FORMS
OPENING: 10:00 A.M.
06/01/11
PLEASE QUOTE PRICES F.Q.B. DESTINATION, LESS TAXES, DELIVERED IN .
CITY OF SUNNY ISLES BEACH, FLORIDA
NOTE: City of Sunny Isles Beach is exempt from all taxes (Federal, State, and Local). Bid price should be,
less all taxes. Tax Exemption Certificate furnished upon request..
Issued by: Purchasing Agent Date Issued: This Bid Submittal Consists of
05/05/11 Pages 28 through 31
Sealed bids are subject to the Terms and Conditions of this Invitation to Bid and the accompanying Bid
Submittal. Such other contract provisions, specifications, drawings or other data as are attached or
incorporated by reference in the Bid Submittal, will be received at the office of the City Clerk' at. the
address shown above until the above stated time and date, and at that time, publicly opened for .
furnishing the supplies or services described in the accompanying Bid Submittal Requirement,
IFB 11 -05 -01
BELLA VISTA BAY PARK IMPROVEMENTS.
A Bid Deposit in the amount of 10% of the total amount of the bid shall accompany all bids
A Performance Bond in the amount of 100% of the total amount of the bid will be required upon
execution of the contract by the successful bidder and City of Sunny Isles Beach
Procurement Agent: Firm Name•
Marcanthony Tulloch
t4WO r1opi I —L)L 00 /nyYY
Commodity Code {s?:
RETURN ONE ORMINAL AND FOUR j9OPIES OF BID SUBMITTAL EA—G- S AND A FIDAVITS
FAILURE TO SIGN PAGE 27 OF SECTION 4 BID SUBMITTAL WILL RENDER YOUR BID NON- .
RESPONSIVE
zoo �Ac'e Se .l tam �{
PAGE 28 of 32
BID No. ii.Oi -01
i
i
SECTION 4
i BID SUBMITTAL FOR:
ACKNOWLEDGEMENT OF ADDENDA
INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES
PART I:
LIST BELOW ARE THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN
CONNECTION WITH THIS BID
Addendum #1,.Dated
Addendum #2, Dated
Addendum #3, Dated Oura�4%'T3
Addendum #4, Dated _ ZfJ
Addendum #5, Dated
Addendum #8, Dated
Addendum #7, Dated
Addendum #8, Dated
PART II:
❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID
FIRM NAME: all -!tv
AUTHORIZED SIGNATURE: c � .�� `.� r fCC' ,,1 DATE: rS
t
TITLE OF OFFICER:
PAGE 29 of 32
BID NO, 11-01-01 J
(t' ,�C'•< ,d !fie
1'J
,,' +
..�:
4.1 ^jl•n
BID SUBMITTAL FORM
Bid Title: BELLA VISTA BAY PARK IMPROVEMENTS
The undersigned Proposers proposes and agrees, if this Bid is accepted, to enter into an agreement with The City of
Sunny Isles Beach in the form included in the Contract Documents to perform and ftrrish all Work as specified or.
indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid: and in
accordance with the other terns and conditions of the Contract Documents.
The Proposers accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to
Proposers, including without fimitatiou those dealing with the disposition of Bid Security. This Bid will remain subject
..to acceptance.for 90. days after- the day -of Bid.opening....The Proposers agrees: to sign.and submit the Agreement kaith
the Bonds and other documents required by the Bidding Requirements within ten days after the date of the City's
Notice of Award.
In submitting this Bid, the Proposer represents, as more fully set forth in the Agreement, that:
■ The Proposer has familiarized himself /herself with the nature and extent of the
Contract Documents, Work, site, locality, and all local conditions and Law and
Regulations that in any manner may affect cost, progress, performance; or
fumishing of the Work.
■ The Proposer has studied carefully all reports and drawings of s_.,ibsurface
conditions and drawings of physical conditions.
■ The Proposer 'has obtained and carefully studied (or assumes responsibility for
obtaining and carefully studying) all such examinations, investigations,
explorations, tests and studies which pertain to the subsurface or physical.
conditions at the site or otherwise may affect the cost, progress, performance, or
furnishing of the Work at the Contract Price, within the Contract Time. and in
accordance with the other terms and conditions of the Contract Documents, .and .
no additional examinations, investigations, explorations, tests, reports or similar
information or data are or will be required by Proposer for such purposes,.
■ The Proposer has given the City written notice of all conflicts, errors,
discrepancies that it has discovered in the Contract Documents and the written
resolution thereof by City is acceptable to the Proposer.
■ This Bid is genuine and not made In the interest of or on behalf of any
undisclosed person, firm or corporation and is not submitted in conformity; with
any agreement or rules of any group, association, organization, or corporation; .
the Proposer has: not directly . or indirectly induced or solicited any other
. _ Proposers to submit a false or . sham Bid; the Proposer has not solicited or
induced any persbh, firm or corporation to refrain from Bidding; and Proposer
has not sought by collusion to obtain for itself any advantage over any other
Proposers or over the. Co.
The Proposer understands and agrees that the Bid is for unit prices to furnish and install individual Work,
Items for maintenance and /or repair work, complete In place. Estimates are provided for the purposes of
Bid Evaluation and to establish unit prices for individual Work Items for maintenance and /or repair:wori<
PAGE 30 OF 32 t
BID No. d- �3As.t,�(:.'
to be contracted by the City under individual Purchase Orders, based on the unit prices established under
this Bid.
The City and the successful Proposer will establish completion times for each individual Work Item and
the successful Proposer agrees that the work will be completed within the time frames agreed upon. and.
stipulated in the individual Purchase Orders and /or Notice to Proceed.
FIRM NAME:
Street Address:
'9 W V'_� ,
l (CL e
AL� 44
Mailing Address (if different):
S' A rtt t
Telephone No. X0 7_ -(}'i: Fax No. 1 A q(
Email Address: )M_t ti►�!���FEIN No._*62/ -J�
* "BYS.IGN iva THISDOCUMENr rHE OMER A GREES rOALL TERMS
(SIGNATURE O UTHORIZED AGENT)
PRINT NgME :. •�F�iC Q A
TITLE:
THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE.BOUND
BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE.
BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL NON - RESPONSIVE. THE CITY .
MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED
DOCUMENT WHICH UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS. OF ITS OFFER,
PAGE 31 OF 32
BI1) N0.
PAGE 32 OF 32
BID N0.
1`
}
f�. a�i ► Gam' 'l�c,I���s��'�.3c �c e� ►��
� SV r1 N Yt rs�Ff
n NON - COLLUSION AFFIDAVIT
City of Sunny Isles Beach
+ '^ 18070 Collins Avenue
y� 01, ba'p Sunny Isles Beach, FL 33160
o rY o. sU1. }�u Telephone: (305) 947 -0606 Fax: (305) 849 -3113
STATE OF FLORIDA J
COUNTY OF d Ado, )
The undersigned being .first duly sworn as provided by law, deposes, and says:
This Affidavit is made with the knowledge and Intent that it is to be filed with the City of Sunny Isles Beach City Commission and that it will be .
relied upon by said County, in any consideration which may give to and any action it may take with respect to this Bid.
The undersigned is authorized to make this Affidavit on behalf of,
(Name of Corporation, Partnership, Individual, etc.)
a, �t3 Z J012� t l o 1v , formed under the laws of
(Typb of Business) (State)
of which he is _ 1 AAtQ A- V E i-L-
(Sole Owner, Partner, President, etc.)
Neither the undersigned nor any person, firm, or corporation named in above Paragraph 10.2, nor anyone else to the knowledge.of the
undersigned, have themselves sollcited or employed anyone else to solicit favorable action for this Bid by the City, also that no head of any
department or employee therein, or any officer of the City of Sunny Isles Beach, Florida Is directly interested therein,
This Bid is genuine and not collusive or a sham; the person, firm or corporation named above in Paragraph 10.2 has not colluded, conspired,
connived or agreed directly or indirectly with any proposers or person, firm or corporation, to put in a sham Bid, or that such person, firm or
corporation, shall refrain from Bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication
or conference with arty person, firm or corporation, to fix the prices of said Bid or Bids of any other proposers; and all statements contained in
the Bid or Bids described above true; and further; neither the undersigned, nor the person, firm or corporation named above..tl1 Paragraph
10.2, has directly or indirectly submitted sold Bid or the contents thereof, or divulged information or data relative thereto, to any association or
to any member or agent thereof.
C, C•l�L,
A A T'S NAM- AFFIANT'S TITLE
TAKEN, SWORN AND SUBSCRIBED 'f0 BEFORE ME this J � day of I � 2001
C%Perso'nally Known or Produced identification
identification
(Affix seal here)
DEC£MBER28,2010
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PUBLIC ENTITY CRIMES
` City of Sunny Isles Beach
•',_ ' ' r 18070 Collins Avenue
. r oR` °a +�'r Sunny Isles Beach, FL 33160
qTY
0, gut, Telephone; (306) 947 -0606 Fax: (305) 9493113
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a)
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
PUBLIC ENTITY CRIMES
Pursuant to the provisions of paragraph (2) (a) of Section 287.133, Florida State Statutes - "A person or affiliate
who has been placed on the convicted vendor list following a conviction for a public entity crime may hot submit a
Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a
public entity for the construction or repair of a public building or public- Work, may not submit Bids.on leases of
real property to a public entity, may. not be awarded to perform Work as a Contractor, supplier, Sub - Contractor, or
Consultant under a Contract with ally public entity, and may not transact business with any public entity.in excess
of the threshold amount Category ilwo of Sec. 287.017, FS for thirty six months from the date of being placed on
the convicted vendor fist'.
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
11.1. This sworn statement is submitted to City of Sunnv Isles Beach
by t�1AC.1t1U/a lAiyA��:1�.
�rindFvlBuere name ana Re
for k) 0"(k) ciJS�CZ�(%�i"L)1J
[pnnz name or em ay suornitting swam s a emen
whose business address is:
Id f ,u ,L0,
C, A %CUB
and (if applicable) its Federal Employer Identification number (FEIN) is CD S
(If the entity had no FEIN, include the Social , Security Number of the individual signing . this sworn
statement:
11.2. 1 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 with the
United States, including, bUt not limited,to, any Bid or Contract for goods or services to be provided. to any
public entity or an agency or political subdivision of any other state of the United States and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
11.3. 1 understand that "convicted" or "conviction" as defined in Para. 287.133(1)(b), Florida Statutes, means a
finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any
federal or state trail court of record relating to charges brought by indictment or information after July 1,
1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or polo contenders.
11.4. I understand that an "affiliate" as defined in Para. 287.133(1)(a), Florida Statutes, means:
a.) predecessor or successor of a person convicted of a public entity crime; or
b.) Any entity under the control of any natural person who is active In the management of the entity
and who has been convicted of a public entity crime. The term "affiliate" includes those officers,
directors, executors, 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
DECEMBER 26, 2010 2 of 10
i Io
market value under an arm's length agreement, shall be a prime 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.
11.5. 1 understand that a "person" as defined in Para. 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 "persons" Includes those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active In management of any entity.
11.6. 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 it's 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, or-an
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, or an
affiliate of -the entity. has been charged With and convicted of a public entity crime subsequent to July 1,
1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of
Florida,. Division of Administrative Hearings and the Final Order entered by the Hearing Officer 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 11.1 (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.
(Sig at e)
`RAFAe W A
(Printed Name) pp
(Title)
�) Sworn to and subscribed before me this � day. of A k , 20�, by
' ef%VA - S I � !"� 'ms aaeaeesedNoeae ooeeeatse/1leuuoeeeeeeeao�eq
en.r..`r.Ae vey�e�e��n
(AFFIX NOTARY. STAMP HERE) h�� " "' n'^�a ZTnrn "D071770V
Signature: Not licFao�prm
leeeeietltl 9eeeeeeeeebeeteeCeeeee eepeeeeenee
�.- ---- -= Print or Type Commissioned Name
Personally Known_ OR Produced Identification
We_ of Identification Produced
M196s • 3 of 10
iVptNY r�<
EQUAL OPPORTUNITY /
u x
AFFIRMATIVE ACTION
F' ,0 P S�'Y City of Sunny Islas Beach
c rr of sUN TNO 18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone., (305) 947 -0606 Fax; (305) 949.3113
EQUAL OPPORTUNITY /AFFIRMATIVE ACTION STATEMENT
The contractors and all subcontractors hereby agree to a commitment to the principles and
practices of equal opportunity in employment and to comply with the letter and spirit of
federal, state, and local laws and regulations prohibiting discrimination based on race,
color, religion, national region, sex, age, handicap, marital status, and political affiliation or
belief.
Signed:
Title: �AAK &EZL
Firm:
�Nlu'o CC. -s"\70cr IWO
Address: :;2 1A GO 13cl SY
C)")q
DECEMBER 28, 2010 4 of 10
f4
S0prvr Jp�
CONFLICT OF INTEREST
x City of Sunny isles Beach
�o° ,r 18070 Collins Avenue
F G 0 a' Sunny Isles Beach, FL 33160
rY
OF sub' to Telephone: (305) 947 -0608 Fax: (305) 949 -3113
CONFLICT OF INTEREST STATEMENT
The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Proposers must
disclose with their Bids, the name of any officer, director, partner, associate or agent who is also an officer or employee of the
City of Sunny Isles Beach or its agencies.
STATE OF FLORIDA 1 f
COUNTY OF (ill G� e-
BEFORE ME, the undersigned authority, personally appeared t( l���l� L `i A who was duly sworn,
deposes, and states:
am . the of
AIA (N GDQS' !1--! ;( QV3 CA) , with a local office in 21,21 A10, 113157'- and principal office in
X41 1 CIFAi-OCt�<o1
18.2. The above named entity is submitting a Bid for the City of Sunny isles Beach, Bid No. ` '0 + described
as: kemdscapg`ftlllifrrt TMnee Servi The Affiant has made diligent Inquiry and provides the information contained in this
Affidavit based upon his own knowledge.
18.3 The Affiant states that only one submittal for the above Bid Is being submitted and that the above named entity has
no financial interest in other entities submitting Bids for the same project.
18.4 - Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in .
any collusion, or otherwise taken any action in restraints of free competitive pricing in connection with the entity's submittal for
the above Bid. This statement restricts the discussion of pricing data until the completion of negotiations if necessary and
execution of the Contract for this project.
18.5 Neither the entity nor its affiliates, nor any one associated with them, is presently suspended or otherwise ineligible from
participation in contract letting by any local, State, or Federal Agency.
18.6 Neither the entity, nor its affiliates, nor any one associated with them have any potential conflict of interest due to any
other clients, contracts, or property interests for this project.
18.71 certify that no member of the entity's ownership or management is presently applying for any employee position. or
actively seeking an elected position with the City of Sunny isles Beach. .
18.81 certify that no member of the entity's ownership or management, or staff has a vested interest In any aspect of the City
of Sunny Isles Beach.
18.9 in the event that a conflict of interest is identified In the provision of services, I, on behalf of the above named entity, will
Immediately notify the City of Sunny Isles Beach.
Dated iis day of 201rf ,
0-24EAct- s IJA M( AC-Z
AFFIA T Print or Type Name and Title
Sworn to and subscribed before me this I day of _''f Q y' 2010.
fY Personally Known OR
Q Produced identification ; Type of Idenfi'tiasb wBovvv ■v.evfe. ■v■ ■■■■veavvv ■eeee ■vev�
M FAR —
�H�tlm •
�- opo717709 ;
NOTARY PUBLIC STATE OF FLORIDA e -ExAres 9/23/2011 ` o
'rrrnix °`� Ftwide Notary Assn., ho 0
' .. 1leemee■■ envenv ■eevvvva ■■av■eannse,■■su■ee■■•n '
DECEMBER 2s, 2010 5 of 10
Ne
SVNIV.Y'_ S
A.
DISPUTE DISCLOSURE
City of Sunny Isles Beach
f�f ,DD''• s G a• ��p.Er 18070 Collins Avenue .
c, T a o ' Sunny Isles Beach, FL 33160
'' n, SUrI as Telephone: (305) 947 -0606 Fax: (305) 949 -3113
DISPUTE DISCLOSURE FORM
Answer the following questions by placing a "X" after "Yes" or "No ". If you answer . "Yes ", please
explain in the space provided, or on a separate sheet attached to this form,
19.1. Has your firm or any of its officers, received a reprimand of any nature or been suspended by the
Department of Professional Regulations or any other regulatory agency or professional associations within the last
five (5) years?
YES. NO..�
19.2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a
contract or job related to the services your firm provides In the regular course of business within the last five (5)
years?
YES NO \
19.3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests,
or litigation in the past five (5) years that is related to the services your firm provides in the regular course of
business?
YES NO If yes, state the nature of the request for equitable adjustment, contract
claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the
monetary amounts of extended contract time involved.
I hereby, certify that. all statements made are true and agree and understand that any misstatement or
misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of this Bid
for the City of Sunny Isles Beach.
!�
AiLt IK �t ti �.� ' U I
rim Date
Authors Signature Print or Type Name and Title
DECEMBER 20, 2010 6 of 16
Su014Y �S�R
ANT.I- KICKBACK
City of Sunny Isles Beach
�.D9 "• .r.. gyp, p 18070 Collins Avenue
Sunny, Isles Beach, FL 33160
Telephone: (305) 947 -0606 Fax: (305) 949 -3113
ANTI - KICKBACK AFFIDAVIT
STATE OF FLORIDA )
COUNTY OF )
I, the undersigned, hereby duly sworn and deposed say that no portion of this sum herein Bid
will be paid to any employees of the City of Sunny Isles Beach or its elected officials as a
commission, kickback, reward or gift, directly or indirectly by me or any member of my firm or
by an officer of the corporation.
By:.
Title:
The foregoing instrument was acknowledged before me this day of
UA `r' , 20--LL, by '-VA=Ae-L- Ly/ _ [name
of person], as � -t,AK3 &E T.-- [type of authority], for
_t Kta� C?c�► ��c-C „_ g—j�j C . [name of party on behalf of whom instrument was
executed].
ueoweuumEBAUEUuurEuaMUOs .
AFFIX NOTARY STAMP HERE: a MA MI H"
,aN� "'nr 4 mm# D0717709
�rxo11 e
Not C ri0a
near Man gaaNn4aptYw4 +ean of
Print or Type Commissioned Name
Personally Known OR Produced Identification
Type of .I en (cation Produced
DECEMBEa28,2010 7of10 :
y fit• �L�
STAIM OF FLOF11 0k
GOUWTY apF Miami-Dade t
Bond# 910005 -172
KNEW iytL . MEN SY' THEArz PRE6mm, that fre, iVamin Construction Co. Inc. ar fyittct(isl_ and
5ul'QTeQiII$J!1>$17 ��s,R1113 aL13C surrt� :ar did and'flrro bound -ypto the. (ly or t4uctny trt.a
godh, a muniolpal ta0igoOttan ditlie fits of Ftoloo.1 a'Yhil Wra of hl. fty Tftousand $ .0 700- :Qo om ( 0.0, OQ.QO ?, lawful
r,rtiwty of the United stairs,, far-the peytrwnt of vthich burn.vr4n brad taufy'ta bairtadb, yte bind "au i4s, 4, 11 helm,. aiKQCUeo{i0, admin)atmwm
and succeastt jobtfy anti samilryt, flitnty by Ihaee prowbL
THE CONDITION OF TMIS OBLIGATION 18 SUCH tuft whereas the•. Prgat.i W has 4004W the 6axm-AanyJ0 Old datad.
2010 for
Bella Visti. DayYjguk. I[aprovements. IEAJ I 1 -05-0 1
WH EREAtb, ii wes a ca►dltlpn pray RfK: to the.pehgsiesiarr oFCetd 414.#*ta'CaAhfdr s chaok or pid. Sand in tha arnnUilt o414vo pat Mt (59fi) of
the Hine Bid be submitted voth mid. Bkt as.a 94�ttttca ."I the Prriposm. w,euidi !f pn`atda3d tlig.rcaiitact, rater itttat.a vvrptera Contract with
the City for the per aymance.of awd Contracx allerwittlin PAGe hav[rta.tieefl: *0 of the Award of
the Cmo.a x: .
NdYV; TNEf, Ql1E, the epragUat4.of tn)s obNggtkrp are °auah that ff The r=iaogpir wntatai ten.:(t0) ¢GnseGuHvs calendar days sfEop wtitt8at
notlte of such eccetdahps; amts trthi.a 4ir+it►eit: Cdrihacisrfllt th.0 V... 3uiuiy l'ltig 8eaeh and fiiniisl es thr Per6ornaedcn Hand,.ra�sfictary
QD the O (itDD) a �= GAe Mpk ndel Iit(YCC Raios,.snd pro�(dea rll.fegUil�ft.�tarU�061tpa Ot.Ihel7ranCq,
on th(s oWigaik" 6"o Its- void;:cftie W! ""sciantom i sfaiad std ho dLak anti p. pya6te to the -City of 8urti'ly Isles Bauch and the Simety .
tisraln aefaoSty Pe!! sold stsrt imrrsidlately, upon datryepd Qf t►iQ city.: tn:.gdrxt and leiwRiFtriwtey Qf;ths.4ntted Status of Artrerfts,, as:llpuidated
dantiages for isi#arattterWtif.-Aeld �:.
IN WITNESS.Y4HEIP9101', the. �, . twr►ded {nattier .huya .recuced ihta Ir[eb►!ment ,carter theft. ppvaiat soaks tnitti 31st .._nay
of aY ....._.. 7 7 , -Me.. na►ma and the ompr talwav tt 9f moth !t<c(F4rg%. -fall' aeing hara o jatrxod. And uteae preheats
buing duJyrt VA0 by. tts. mdo*rrK!'rePld4.e8ta►)fie.
DMUMEW CONTINUE! QN ;NExT .ilbE
ry
IN Prii"SENa OF:
Namin Cons_ tructi_on Co.. Inc. `
Behzad M. Namin, resident
1951 N.W. 141st Street. Bav #9
BlialaensAtlal*6
Qya Locka, PL 33054
Cfty, auto, and zip-coda .
(3Q.�'i�B81 r69{�9 ('2nQ%&81 - A F%69
9ustnAs Tetephond esa Faiaailrpla
SureTec Insurance Company___,
" ImpraM6 04[parpte, Sell
Burton Harris, Attorney -In -Fact &
Fla. Resident Agent# Al 11883
IMPORT'Attirl'
Surety ompardo examtlhg bonds must.appear ontho.TreaHury Depm twr.o as:amend d) and ba. euthodzad
to UatiUct Wtness In the State:of Florlda
DROR 9812014
8 of 10
---7
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AU 41. n.. t
STATE OFfLORIDA
DEPARTMENT OF BUSINESS PRO-VESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
SEW L09062900448
DATO BATCH NUMBER LICENSE N�BR
1061?9�
/�2009-'1087( 344245
The BUSINESS ORGANIZATION
Named below IS QUALIFIED
Under the provisions of Chapter 489 FS.
Expiration date: AUG 31, 2011
(THIS IS NOT A LICENSE TO PERFORM WORK. THIS ALLOWS THE
COMPANY TO DO BUSINESS ONLY IF IT HAS A QUALIFIER.)
NAMIN CONSTRUCTION CO., INC.
2121 UW139TH ft#4
OPA LOCKA FL 3.3054
CHARLIE CRIST
'GOVERNOR
DISPLAY AS REQUIRED BY LAW
UFA-LOCKA
CHARLES W. D RAGO
SECRETARY
— ' - {..;..='r''
yam•. .
,t ,.I-ya
- X45; .l!tt�ess, �_. •acv
FL
33054
CHARLES W. D RAGO
SECRETARY
i wbv i — i
— bV-1
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947 -0606 City Hall
(305) 949 -3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Giovanni Batista, Public Works Director
DATE: 6/15/2011
RE: Commission award of RFP 11 -05 -01 to Namin Construction Co. Inc.
RECOMMENDATION:
Commission approve award of bid to Namin Construction Co. Inc. for the construction of
the Bella Vista Bay Park Improvements in an amount not to exceed $375,807.00 (base
bid: $362,900.00 plus alternative 1: $12,907.00).
REASONS:
The City requested site improvements to Bella Vista Bay Park to allow for kayak
launches. As a result, staff issued RFP 11 -05 -01 on May 5, 2011 and received five (5)
proposals. Upon review of all proposals, Namin Construction Co. Inc. is being
recommended for award in an amount not to exceed $375,807.00.
ADDITIONAL INFORMATION:
The total amount of the vendor's base bid is $362,900.00 with a proposed 10 week
construction schedule from notice to proceed. The vendor also included an alternative
price for composite decking (in lieu of pressure treated wood decking) at the pavilion for
$12,907.00 over base bid. The total amount of the recommended award to the vendor is
the total base bid plus the alternative.
FUNDING SOURCE:
Funding up to $350,000 is available in account numbers 20- 600 -5662 and 35- 600 -5662.
Remaining funds are available in the Stormwater Capital Projects Fund.
ATTACHMENTS:
• Tally Sheet
• Resolution
• Agreement
• Response from Namin Construction
http: / /sibagenda. sibfl .net /agendalPreview. aspx ?ItemlD =517 &MeetinglD =O &MeetingDate... 6/10/2011
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PUBLIC WORKS BOND
THIS IS THE FRONT PAGE OF THIS PERFORMANCE AND PAYMENT
BOND ISSUED IN COMPLIANCE WITH CHAPTER .255.05 FLORIDA
STATUTES.
BOND NO,
5114516
CONTRACTOR NAME:
Namin Construction Co., Inc.
CONTRACTOR ADDRESS:
1951 N.W. 141st Street, Bay #9
Opa Locka, FL 33054
CONTRACTOR PHONE NO.
305 ) 681 -6989
SURETY COMPANY:
SureTec Insurance Company
952 Echo Lane, Suite 450
-Houston, TX 77024
OWNER NAME:
City of Sunny Isles, FL
OWNER ADDRESS,-
18070 Collins Avenue, 4th Floor
Sunny Isles, FL 33160
OWNER PHONE NO.
305 ) 792-1701
OBLIGEE NAME: (If contracting entity is
. . . .....................
different rrom the owner, the contracting public entity)
OBLIGEE ADDRESS.-
OBLIGEE PHONE NO. j I )
BOND AMOUNT: $375,801.00
CONTRACT NO. (If Applicable)
DESCRIPTION OF WORK: Bella Vista Bay Park Improvements.
RFP# 11 -05-01, CONTRACT# C1011 -055
PROJECT LOCATION:
LEGAL DESCRIPTION
FIWNT PAGE
(ALL OTHER BOND PAGES ARE DEEMED SUBSEQUENT TO THIS PAGE
REGARDLESS OF ANY PAGE NUMBERS THAT MAY BE, PRE- PRINTED THEREON)
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond# 5114516
AIA Document A312
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Namin Construction Co., Inc.
1951 N.W. 141st Street, Bay #9
Opa Locka, FL 33054
OWNER (Name and Address):
City of Sunny Isles Beach, FL
18070 Collins Avenue, 4th Floor
Sunny Isles Beach, FL 33160
SURETY (Name and Principal Place of Business):
SureTec Insurance Company
952 Echo Lane, Suite 450
Houston, TX 77024
CONSTRUCTION CONTRACT
Date:
Amount: $375,807.00
Description (Name and Location): Bella Vista Bay Park Improvements. RFP# 11- 05 -01, CONTRACT# C1011.055
BOND
Date (Not earlier than Construction Contract Date): July 7, 2010
Amount: $375,807.00
Modifications to this Bond:
❑ None
❑✓ See Page 3
CONTRACTOR AS PRINCIPAL SURETY
Company: porate Seal) Company: PoFporate Seal)
Namin Constructio C c SureTec Insurance mpan
Signature: -" —�� Signature:
Name and Title: 'ehzad min ident Name and T' e: Bufton Harris, Attorney -In -Fact R»
Fla. Resident Agent No. All 1883
(Any additional signatures appear on page 3)
(FOR INFORMATION ONLY —Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
Security Bond Associates, Inc. other party):
10131 S.W. 40th Street
Miami, Florida 33165
(305)552 -5414
AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. I AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N. W., WASHINGTON, D. C. 20006 A312 -1984 1
THIRD PRINTING • MARCH 1987
BOND PREMIUM BASED ON
FINAL CONTRACT PRICE
12. ❑The Contractor and the Surety, jointly and severally,
bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner for the performance
of the Construction Contract, which is incorporated herein
by reference.
12.11 If the Contractor performs the Construction Contract,
the Surety and the Contractor shall have no obligation
under this Bond, except to participate in conferences as
provided in Subparagraph 3.1.
3 If there is no Owner Default, the Surety's obligation
under this Bond shall arise after:
12.4 The Owner has notified the Contractor and the
Surety at its address described in Paragraph 10 below
that the Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a
conference with the Contractor and the Surety to be
held not later than fifteen days after receipt of such
notice to discuss methods of performing the Construc-
tion Contract. If the Owner, the Contractor and the
Surety agree, the Contractor shall be allowed a reason-
able time to perform the Construction Contract, but
such an agreement shall not waive the Owner's right, if
any, subsequently to declare a Contractor Default; and
12.4 The Owner has declared a Contractor Default and
formally terminated the Contractor's right to complete
the contract. Such Contractor Default shall not be de-
clared earlier than twenty days after the Contractor and
the Surety have received notice as provided in Sub-
paragraph 3.1; and
12.4 The Owner has agreed to pay the Balance of the
Contract Price to the Surety in accordance with the
terms of the Construction Contract or to a contractor
selected to perform the Construction Contract in accor-
dance with the terms of the contract with the Owner.
12.Ci
hen the Owner has satisfied the conditions of Para-
graph 3, the Surety shall promptly and at the Surety's ex-
pense take one of the following actions:
12.4 Arrange for the Contractor, with consent of the
Owner, to perform and complete the Construction
Contract; or
12.4 Undertake to perform and complete the Construc-
tion Contract itself, through its agents or through inde-
pendent contractors; or
12.4 Obtain bids or negotiated proposals from
qualified contractors acceptable to the Owner for a
contract for performance and completion of the Con-
struction Contract, arrange for a contract to be pre-
pared for execution by the Owner and the contractor
selected with the Owner's concurrence, to be secured
with performance and payment bonds executed by a
qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the
amount of damages as described in Paragraph 6 in ex-
cess of the Balance of the Contract Price incurred by the
Owner resulting from the Contractor's default; or
12.4 Waive its right to perform and complete, arrange
for completion, or obtain a new contractor and with
reasonable promptness under the circumstances:
.1 After investigation, determine the amount for
which it may be liable to the Owner and, as
soon as practicable after the amount is deter-
mined, tender payment ❑nclude ❑e to the
Owner; or
.2 Deny liability in whole or in part and notify
the Owner citing reasons ❑nclude ❑e.
6 If the Surety does not proceed as provided in Paragraph
4 with reasonable promptness, the Surety shall be deemed
to be in default on this Bond fifteen days after receipt of an
additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under
this Bond, and the Owner shall be entitled to enforce
any remedy available to the Owner. If the Surety
proceeds as provided in Subparagraph 4.4, and the
Owner refuses the payment tendered or the Surety has
denied liability, in whole or in part, without further notice
the Owner shall be entitled to enforce any remedy
available to the Owner.
6 After the Owner has terminated the Contractor's
right to complete the Construction Contract, and if the
Surety elects to act under Subparagraph 4.1, 4.2, or
4.3 above, then the responsibilities of the Surety to the
Owner shall not be greater than those of the
Contractor under the Construction Contract, and the
responsibilities of the Owner to the Surety shall not be
greater than those of the Owner under the Construction
Contract. To the limit of the amount of this Bond, but
subject to commitment by the Owner of the Balance of
the Contract Price to mitigation of costs and damages on the
Construction Contract, the Surety is obligated without
duplication for:
6.1 The responsibilities of the Contractor for
correction of defective work and completion of the
Construction Contract;
6.2 Additional legal, design professional and
delay costs resulting from the Contractor's Default,
and resulting from the actions or failure to act of the
Surety under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated
damages are specified in the Construction Contract,
actual damages caused by delayed performance or
non - performance of the Contractor.
12.❑ The Surety shall not be liable to the Owner or
others for
obligations of the Contractor that are unrelated to the Con-
struction Contr ct, and the Balance of the Conntract
Price shall not �e r duced or t of on ccount of n
such unrel ted obeli atlons. o right ol, action s aYl
accr8le on t�Is B9nd to any person or gentity, other than
the wrier or its executors, a ministrators or
successors.
8 The Surety hereby waives notice of any change,
❑nclude -
ing changes of time, to the Construction Contract or
to related subcontracts, purchase orders and other
obligations.
9 Any proceeding, legal or equitable, under this Bond
may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located
and shall be instituted within two years after
Contractor Default or within two years after the
Contractor ceased working or within two years after the
Surety refuses or fails to perform its obligations under
this Bond, whichever occurs first. If the provisions of
this Paragraph are void porrohibited by law, the
minimum period of limitation avail-
AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND • • DECEMBER 1984 ED. • AIA® A312 -1984 2
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING • MARCH 1987
able to sureties as a defense in the jurisdiction of the suit
shall be applicable.
12.o Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the sig-
nature page.
12.oWhen this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this
Bond shall be construed as a statutory bond and not as a
common law bond.
12 DEFINITIONS
12.4 Balance of the Contract Price: The total amount
payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments
have been made, including allowance to the Con-
tractor of any amounts received or to be received by
the Owner in settlement of insurance or other claims
for damages to which the Contractor is entitled,
reduced by all valid and proper payments made to or on
behalf of the Contractor under the Construction Con-
tract.
12.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the
signature page, including all Contract Documents
and changes thereto.
12.3 Contractor Default: Failure of the Contractor,
which has neither been remedied nor waived, to per-
form or otherwise to comply with the terms of the
Construction Contract.
12.4 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the
Contractor as required by the Construction Contract
or to perform and complete or comply with the other
terms thereof.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: * ** SEE RIDER ATTACHED * **
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
Namin Constructf Co.INa In .
l I' Signature: Name and Title: Behiad I ,Pre nt
Address: 1951 N.W. 141st Street, Bay #9
Opa Locka, FL 33054
SURETY
Company: (Corporate Seal)
SureTec Insurance ,c0pany
Signature:
10L
Name and T' 4e:Burton Harris, Attorney -In -Fact &
Address: Fla. Resident Agent No.: A111883
AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND • • DECEMBER 1984 ED. • AIA ® A312 -1984 3
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING - MARCH 1987
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond# 5114516
AIA Document A312
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Namin Construction Co., Inc.
1951 N.W. 141st Street, Bay #9
Opa Locka, FL 33054
OWNER (Name and Address):
City of Sunny Isles Beach, FL
18070 Collins Avenue, 4th Floor
Sunny Isles Beach, FL 33160
SURETY (Name and Principal Place of Business):
SureTec Insurance Company
952 Echo Lane, Suite 450
Houston, TX 77024
CONSTRUCTION CONTRACT
Date:
Amount: $375,807.00
Description (Name and Location): Bella Vista Bay Park Improvements. RFP# 11- 05 -01, CONTRACT# C1011 -055
BOND
Date (Not earlier than Construction Contract Date): July 7, 2010
Amount: $375,807.00
Modifications to this Bond:
CONTRACTOR AS PRINCIPAL
Company:
Namin ConstructN,Coj,A 'C -f
Signature:
Name and Title: Be zad M.
❑ None
❑✓ See Page 6
SURETY
Seal) Company: (Corporate Seal)
°- SureTec Insuran om any
---� Signature: _
it Name and itle: Murton Harris, Attorney -In -Fact &
Fla. Resident Agent No. A111883
(Any additional signatures appear on page 6)
(FOR INFORMATION ONLY —Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
Security Bond Associates, Inc. other party):
10131 S.W. 40th Street
Miami, Florida 33165
(305)552 -5414
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N. W., WASHINGTON, D. C. 20006 A312 -1984 4
THIRD PRINTING - MARCH 1987
I The Contractor and the Surety, jointly and severally,
bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner to pay for labor,
materials and equipment furnished for use in the perfor-
mance of the Construction Contract, which is incorpo-
rated herein by reference.
2 With respect to the Owner, this obligation shall be
null and void if the Contractor:
2.1 Promptly makes payment, directly or indirectly
for all sums due Claimants, and
2.2 Defends, indemnifies and holds harmless the
Owner from claims, demands, liens or suits by any
person or entity whose claim, demand, lien or suit is
for the payment for labor, materials or equipment fur-
nished for use in the performance of the Construction
Contract, provided the Owner has promptly notified
the Contractor and the Surety (at the address
described in Paragraph 12) of any claims, demands,
liens or suits and tendered defense of such claims,
demands, liens or suits to the Contractor and the
Surety, and provided there is no Owner Default.
3 With respect to Claimants, this obligation shall be
null and void if the Contractor promptly makes pay-
ment, directly or indirectly, for all sums due.
4 The Surety shall have no obligation to Claimants
under this Bond until:
4.1 Claimants who are employed by or have a direct
contract with the Contractor have given notice to the
Surety (at the address described in Paragraph 12) and
sent a copy, or notice thereof, to the Owner, stating
that a claim is being made under this Bond and, with
substantial accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract
with the Contractor:
Have furnished written notice to the Con-
tractor and sent a copy, or notice thereof, to
the Owner, within 90 days after having last
performed labor or last furnished materials or
equipment included in the claim stating, with
substantial accuracy, the amount of the claim
and the name of the party to whom the
materials were furnished or supplied or for
whom the labor was done or performed; and
.2 Have either received a rejection in whole or
in part from the Contractor, or not received
within 30 days of furnishing the above no-
tice any communication from the Contractor
by which the Contractor has indicated the
claim will be paid directly or indirectly; and
3 Not having been paid within the above 30
days, have sent a written notice to the Surety
(at the address described in Paragraph 12) and
sent a copy, or notice thereof, to the Owner,
stating that a claim is being made under this
Bond and enclosing a copy of the previous
written notice furnished to the Contractor.
5 If a notice required by Paragraph 4 is given by the
Owner to the Contractor or to the Surety, that is suffi-
cient compliance.
6 When the Claimant has satisfied the conditions of
Paragraph 4, the Surety shall promptly and at the
Surety's expense take the following actions:
6.1 Send an answer to the Claimant, with a copy to
the Owner, within 45 days after receipt of the claim,
stating the amounts that are undisputed and the basis
for challenging any amounts that are disputed.
6.2 Pay or arrange for payment of any undisputed
amounts.
7 The Surety's total obligation shall not exceed the
amount of this Bond, and the amount of this Bond shall be
credited for any payments made in good faith by the Surety.
8 Amounts owed by the Owner to the Contractor under
the Construction Contract shall be used for the
performance of the Construction Contract and to satisfy
claims, if any, under any Construction Performance
Bond. By the Contractor furnishing and the Owner
accepting this Bond, they agree that all funds earned by
the Contractor in the performance of the Construction
Contract are dedicated to satisfy obligations of the
Contractor and the Surety under this Bond, subject to
the Owner's priority to use the funds for the completion of
the work.
9 The Surety shall not be liable to the Owner, Claimants
or others for obligations of the Contractor that are unrelat-
ed to the Construction Contract. The Owner shall not be
liable for payment of any costs or expenses of any Claim-
ant under this Bond, and shall have under this Bond no obli-
gations to make payments to, give notices on behalf of, or
otherwise have obligations to Claimants under this Bond.
10 The Surety hereby waives notice of any change,
including changes of time, to the Construction
Contractor to related subcontracts, purchase orders
and other obligations.
11 No suit or action shall be commenced by a Claimant
under this Bond other than in a court of competent juris-
diction in the location in which the work or part of the
work is located or after the expiration of one year from the
date (1) on which the Claimant gave the notice required by
Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last
labor or service was performed by anyone or the last mate-
rials or equipment were furnished by anyone under the Con-
struction Contract, whichever of (1) or (2) first occurs. If the
provisions of this Paragraph are void or prohibited by law,
the minimum period of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicable.
12 Notice to the Surety, the Owner or the Contractor
shall be mailed or delivered to the address shown on
the signature page. Actual receipt of notice by Surety,
the Owner or the Contractor, however accomplished,
shall be sufficient compliance as of the date received at
the address shown on the signature page.
13 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions
conforming to such statutory or other legal requirement
shall be deemed incorporated herein. The intent is that
this
AIA DOCUMENTA312 PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA ® A312 -1984 5
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING • MARCH 1987
Bond shall be construed as a statutory bond and not as a
common law bond.
14 Upon request by any person or entity appearing to be a
potential beneficiary of this Bond, the Contractor shall
promptly furnish a copy of this Bond or shall permit a copy
to be made.
15 DEFINITIONS
15.1 Claimant: An individual or entity having a direct
contract with the Contractor or with a subcontractor of
the Contractor to furnish labor, materials or equip-
ment for use in the performance of the Contract. The
intent of this Bond shall be to include without limita-
tion in the terms "labor, materials or equipment" that
part of water, gas, power, light, heat, oil, gasoline,
telephone service or rental equipment used in the
Construction Contract, architectural and engineering
services required for performance of the work of the
Contractor and the Contractor's subcontractors, and
all other items for which a mechanic's lien may be
asserted in the jurisdiction where the labor, materials
or equipment were furnished.
15.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the
signature page, including all Contract Documents
and changes thereto.
15.3 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the
Contractor as required by the Construction Contract
or to perform and complete or comply with the other
terms thereof.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: * ** SEE RIDER ATTACHED * **
The terms, provisions and conditions'of Section
713.23, F.S. or Section 255.05, F.S., whichever
statute is applicable, are hereby incorporated
by reference, and made a part of this Payment
Bond.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: L(Corporateeal) Company: (Corporate Seal)
Namin Const ction Co., n SureTec Insuranc ompany
#il
Signature: Signature:
Name and I ehza M. Na President Name an itle: Burton Harris, Attorney -In -Fact &
Address: 1915511 N.W. 141st Str e l Bay #9 Address: Fla. Resident Agent No.: A111883
Opa Locka, FL 33054
AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. •AIA ® A312 -1984 6
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING • MARCH 1987
SureTec Insurance Company
THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION
Statutory Complaint Notice
To obtain information or make a complaint: You may call the Surety's toll free telephone
number for information or to make a complaint at: 1- 866 - 732 -0099. You may also write to the
Surety at:
SureTec Insurance Company
9737 Great Hills Trail, Suite 320
Austin, Tx 78759
You may contact the Texas Department of Insurance to obtain information on companies,
coverage, rights or complaints at 1- 800 - 252 -3439. You may write the Texas Department of
Insurance at
PO Box 149104
Austin, TX 78714 -9104
Fax #: 512- 475 -1771
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or
about a claim, you should contact the Surety first. If the dispute is not resolved, you may
contact the Texas Department of Insurance.
Terrorism Risks Exclusion
The Bond to which this Rider is attached does not provide coverage for, and the surety shall
not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war.
Exclusion of Liability for
Mold, Mycotoxins, Fungi & Environmental Hazards
The Bond to which this Rider is attached does not provide coverage for, and the surety
thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines,
spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental
hazards, bio- hazards, hazardous materials, environmental spills, contamination, or cleanup,
nor the remediation thereof, nor the consequences to persons, property, or the performance
of the bonded obligations, of the occurrence, existence, or appearance thereof.
Texas Rider 010106
POA #: 910005
Bond# 5114516
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company "), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
Burton Harris, Christine M. Reed Harris, Marina Mercedes Ramil, Odalis Cabrera
its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge
and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety for:
Three Million and 00/100 Dollars ($3,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the
premises. Said appointment shall continue in force: until 9/30/2012 and is made under and.by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice - President, any Assistant Vice - President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s) -in -Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20 of April,
1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 3rd day of September, A.D. 2010.
SURETEC INSU EC PANY
�uRANpFw
By:
w w D= John o Jr., resident
t ,
State of Texas ss., Cf.' yr y
County of Harris
On this 3rd day of September, A.D. 2010 before me personally came John Knox Jr., to me known, who, being by me duly swom, did depose and say, that
he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company; and that he signed his name thereto by like order.
—
Y"�e. JACQUELYN MALDONADO
? Notary Public, State of Texas acq elyn aldo ado, Notary Public
My Commission Expires
May 18, 2013 qy comm Sion ex • es May 18, 2013
I, M• Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston, Texas this 7th day of July 2011 , A.D.
M. Brent Beaty, Assistant Secretary
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call (713) 812 -0800 any business day between 8:00 am and 5:00 pm CST.