Agreement w/Ric-Man Int. Inc.
CITY OF MIAMI BEACH
PROCUREMENT DIVISION
Interoffice Memorandum
lQ
To:
Robert Parcher
City Clerk
Date: February 8, 2007
From: Gus Lopez, CPPO
Procurement Director
Subject: CONTRACTS FOR ITB NO. 36-05/06 - FOR DESIGN/BUILD SERVICES FOR
NEIGHBORHOOD NO.7 - NAUTILUS RIGHT-OF-WAY INFRASTRUCTURE
IMPROVEMENT PROJECT
'"
Four (4) copies of the above referenced Contract are attached for the Mayor's
signature and execution. The insurance certificate has been approved by Risk
Management and the City Attorney has approved the form and language for contract
execution.
Thank you for your prompt attention to this matter.
Gus Lopez, CPPO
Procurement Director
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00600. CONTRACT
AGREEMENT
Between
CITY OF MIAMI BEACH, FLORIDA
and
RIC-MAN INTERNATIONAL, INC.
for
DESIGN/BUILD SERVICES
FOR DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.7 - NAUTILUS
RIGHT-OF -WAY INFRASTRUCTURE IMPROVEMENT PROGRAM
This is an Agreement (the "Agreement") between the CITY OF MIAMI BEACH,
FLORIDA, a not for profit corporation of the State of Florida, its successors and assigns,
hereinafter referred to as "CITY."
AND
RIC-MAN INTERNATIONAL, INC., its successors and assigns, hereinafter referred to
Pi> "DESIGN/BUILD FIRM,"
WIT N E SSE T H, in consideration of the mutual terms and conditions, promises,
covenants and payments hereinafter set forth, CITY and DESIGN/BUILD FIRM agree
as follows:
ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS
For the purposes of this Agreement and the various covenants, conditions, terms and
provisions which follow, the DEFINITIONS and IDENTIFICATIONS set forth below are
assumed to be true and correct and are agreed upon by the parties.
Whenever the following terms or pronouns in place of them appear in this Agreement
the intent and meaning shall be interpreted as follows:
1.00 Bidder: Any individual, firm, or corporation submitting a bid for this Project,
acting directly or through a duly authorized representative.
1.01 Change Order: A written document ordering a change in the Contract price or
Contract time or a material change in the Work.
BID NO: 36-05/06 CITY OF MIAMI BEACH
DATE: 06/23/06 1
1.02 City: The City (or Owner) shall mean the City of Miami Beach, a Florida
municipal corporation, having its principal offices at 1700 Convention Center Drive,
Miami Beach, Florida 33139, which is a party hereto and/or for which this Contract is to
be performed. In all respects hereunder, City's performance is pursuant to City's
position as the owner of a construction project. In the event City exercises its regulatory
authority as a governmental body, the exercise of such regulatory authority and the
enforcement of any rules, regulations, laws and ordinances shall be deemed to have
occurred pursuant to City's regulatory authority as a governmental body and shall not
be attributable in any manner to City as a party to this Contract.
1.03 City Commission: City Commission shall mean the governing and legislative
body of the City.
1.04 City Manager: City Manager shall mean the Chief Administrative Officer of the
City.
1,05 Construction Documents Phase: The phase in which DESIGN/BUILD FIRM
prepares the Construction Documents based upon the approved Design Development
Documents.
1.06 Construction Manager: The Construction Manager is the authorized individual or
firm which is the representative of DESIGN/BUILD FIRM who will provide construction
management services for the Project as more fully detailed in Article 17.
1.07 Construction Manager Representative: An authorized representative of
Construction Manager assigned to the Project site to perform services in Article 17.
1.08 Construction Phase. The phase of services which constitutes DESIGN/BUILD
FIRM'S administration of the construction of the Project and all activities necessary for
the completion of the Project.
1.09 Consultant: The registered architect, professional engineer(s), professional land
surveyor, civil engineer, and/or registered landscape architect who has contracted with
or who is employed by DESIGN/BUILD FIRM to provide professional services for the
design of the Project and who is licensed by the State of Florida to provide said
services,
1.10 Contract: This Agreement and all addenda , exhibits, and amendments thereto
between the CITY and the DESIGN/BUILD FIRM for this Project, all as defined herein.
Contract shall mean the same as Agreement.
1.11 Contract Administrator: The CITY'S Capital Improvement Projects Office
Director, or his designee, shall be designated as the Contract Administrator for matters
concerning the Agreement.
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
2
1.12 Contract Documents: The Agreement approved by the Mayor and City
Commission and executed by the Mayor and City Clerk for Design Build Services for the
Neighborhood No, 7 - Nautilus Right-of-Way Infrastructure Improvement Project, and
any amendments and exhibits thereto; the performance bond and payment bonds; the
Plans and Specifications and construction documents, as prepared by the
DESIGN/BUILD FIRM in general accordance with the Design Criteria Package; other
construction documents such as Critical Path Method and Schedule of Values; and any
additional documents the submission of which is required by this Agreement. When
reference is made in the Contract Documents to publications, standards or codes
issued by associations or societies, the intent shall be to specify the current or adopted
edition of such publication or standard including revision and effect on the date of the
Contract advertisement notwithstanding any reference to a particular date.
1.13 [ This subsection left intentionally blank]
1.14 Design/Build Firm: RIC-MAN INTERNATIONAL, INC., its successors and
assigns, is the Design/Build Firm selected to perform the work pursuant to this
Agreement, and is the person, firm or corporation liable for the acceptable performance
of, and payment of all legal debts pertaining to, the Project. All references in the
Contract Documents to third parties under contract or control of Design/Build Firm shall
be deemed to be a reference to Design/Build Firm. The Design/Build Firm will be
responsible for the provision, installation, and performance of all equipment, materials,
and services offered. The Design/Build Firm is in no way relieved of the responsibility
for the performance of all equipment furnished.
1.15 Design Criteria Engineer: Whenever the term DESIGN CRITERIA ENGINEER is
used in these documents, it shall be construed to mean the entity responsible for the
development of the Design Criteria Package Conceptual Specifications and Plans for
the Project, on behalf of the CITY. The DESIGN CRITERIA ENGINEER for this project
is Reynolds, Smith and Hills, Inc,(6161 Blue Lagoon Drive, Suite 200, Miami, Florida
33126). The DESIGN CRITERIA ENGINEER shall interact with the DESIGN/BUILD
FIRM through the PROGRAM MANAGER. The DESIGN CRITERIA ENGINEER shall
also be responsible for reviewing the contract documents and providing construction
administration and full time observation services, in support of the CITY and PROGRAM
MANAGER, during the design and construction. Specifically, the DESIGN CRITERIA
ENGINEER shall:
· Provide to the DESIGN BUILD FIRM all available records, drawings,
correspondence accumulated during the development of the Design Criteria
Package.
· Provide technical review services of the Final Topographic Survey.
· Provide design and constructability review services of the contract documents at
the 60%, 90% and 100% completion stages.
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
3
. Attend and participate in Design Progress Review Meetings
· Review the permit application packages and provide assistance as necessary
with the various regulatory agencies.
· Attend and participate in the Pre-Community Design Review Meeting and
Community Design Review Meeting.
· Attend and participate in the Pre-Construction meeting with residents.
· Submit monthly progress report to the PROGRAM MANAGER during the design
phase.
· Attend and participate in the Pre-Construction Conference with DESIGN/BUILD
FIRM, PROGRAM MANAGER, and City.
· Review DESIGN/BUILD FIRM Construction Schedule and Construction Permits
and provide written comments to the PROGRAM MANAGER.
· Attend and participate in Weekly Construction Meetings with DESIGN/BUILD
FIRM, PROGRAM MANAGER, and CITY. Prepare and distribute meeting
minutes to all attendees and other appropriate parties.
· Review and process shop drawings submitted by the DESIGN/BUILD FIRM.
· Review and respond to Requests for Information (RFI) and Contract Document
Clarifications (CDC) submitted by the DESIGN/BUILD FIRM.
· Review and process Requests for Changes to Construction Cost and/or
Schedule submitted by the DESIGN/BUILD TEAM.
· Provide full-time field observation services to verify general compliance with the
intent of the Design Criteria Package and Contract Documents.
· Provide assistance with Close-Out services upon notification of Project
substantial completion and final completion. Develop "punch list" of items
needing completion or correction, attend meetings and participate in field reviews
with DESIGN/BUILD FIRM and PROGRAM MANAGER.
1.16 Design Criteria Package: Design Criteria Package shall mean those certain
conceptual plans and specifications and performance - oriented drawings or
specifications of the Project, and any additional documents referenced in the Design
Criteria Package, as prepared by the City's Consultant by Reynolds, Smith and Hills,
Inc., and in compliance with the requirements of Section 287.055, Florida Statutes.
BID NO: 36-05/06 CITY OF MIAMI BEACH
DATE: 06/23/06 4
1.17 Design Phase: This phase will consist of the Schematic Design Phase during
which DESIGN/BUILD FIRM will consult with the Contract Administrator and prepare
Schematic Design Documents consisting of drawings and other documents illustrating
the scale and relationship for approval of the CITY. It will also consist of the Design
Development Phase which DESIGN/BUILD FIRM will prepare, based on the approved
Schematic Design Documents and Design Development Documents.
1.18 Field Order: A written order issued by the Contract Administrator which orders
minor changes in the Project but which does not involve a change in the total cost or
time for performance.
1.19 Final Completion: The date certified by Contract Administrator that all conditions
of the permits and regulatory agencies have been met, all construction, including
corrective and punch list work, has been performed, all administrative requirements of
the Contract Documents have been completed, and CITY has received from
DESIGN/BUILD FIRM a release of all liens, consent of surety, release of claims by
DESIGN/BUILD FIRM, corrected as-built drawings, a final bill of materials, executed
final adjusting Change Order, final invoice, "before and after" color videotapes, copies of
pertinent test results, correspondence and other necessary documentation, including all
warranties, guarantees, operational manuals, spare parts, service contracts and tools.
1.20 CONTRACTOR: RIC-MAN INTERNATIONAL, INC., its successors and assigns,
is the CONTRACTOR selected by DESIGN/BUILD FIRM to perform the Work pursuant
to this Agreement.
1.21 Hazardous Materials: As used in this contract the term "Hazardous Materials"
means any chemical, compound, material, substance or other matter that:
(a) is a flammable, explosive, asbestos, radioactive nuclear medicine, vaccine,
bacteria, virus, hazardous waste, toxic, overtly injurious or potentially injurious material,
whether injurious or potentially injurious by itself or in combination with other materials;
(b) is controlled, referred to, designated in or governed by any Hazardous Materials
Laws;
(c) gives rise to any reporting, notice or publication requirements under any
Hazardous Materials Laws, or
(d) is any other material or substance giving rise to any liability, responsibility or duty
upon the City with respect to any third person under any Hazardous Materials Law.
1.22 Hazardous Materials Laws: As used in this Contract, the term "Hazardous
Materials' Laws" means any and all federal, state or local laws or ordinances, rules,
decrees, orders, regulations or court decisions (including the so called "common law"),
including without limitation the Comprehensive Environmental Response,
BID NO: 36-05/06 CITY OF MIAMI BEACH
DATE: 06/23/06 5
Compensation and Liability Act of 1980, as amended (42 U.S.C, 999601 et seq.), the
Hazardous Materials Transportation Act, as amended (49 U.S.C. 991801 et seq.), and
the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. 996901
et seq,), relating to hazardous substances, hazardous materials, hazardous waste, toxic
substances, environmental conditions on, under or about the Premises, soil and ground
water conditions or other similar substances or conditions.
1.23 Material(s): Material(s) incorporated in this Project or used or consumed in the
performance of the work.
1.24 Notice(s) to Proceed: A written document(s) issued by the Contract
Administrator informing the DESIGN/BUILD FIRM to officially begin the Project.
1.25 Plans and/or Specifications: The official graphic and descriptive representations
of this Project which, upon written approval of CITY, shall become a part of the Contract
Documents.
1.26 Project: The DESIGN/BUILD FIRM (DB F) will be responsible for the design,
construction, and construction management associated with the work related to
earthwork, roadway narrowing, milling and resurfacing, driveway paving, sidewalk
construction; water main installation and water services relocation; storm drainage
infrastructure installation; roadway lighting and streetscape/planting improvements. A
Design Criteria Package has been prepared which includes conceptual specifications
and plans for the civil, electrical, mechanical, structural and landscaping disciplines.
The Project limits consists of the "Middle Beach" area and bounded by the Surprise
Waterway to the north, Biscayne Bay to the west, Pine Tree Drive to the east, and State
Road 112/Arthur Godfrey Road (W, 41st Street) to the south, Areas to be affected by
the proposed improvements include but are not limited to North Bay Road, Nautilus
Drive, Nautilus Court, Michigan Avenue, Jefferson Avenue, Adams Avenue, N. Meridian
Avenue, Chase Avenue, Prairie Avenue, Post Avenue, Royal Palm Avenues, Sheridan
Avenue, W. 48th Street, W. 47th Street, W. 47th Court, W. 46th Street, W, 45th Street,
W 44th Street, W 44th Court, W 43rd Street, and W 42nd Street. The Flamingo
Waterway Historic District lies within the boundary of the Nautilus Neighborhood. The
neighborhood is divided in two by the Biscayne Waterway. The area to the west of the
Biscayne Waterway is commonly known as Nautilus West and the area to the east of
the Biscayne Waterway as Orchard Park.
1.27 Program Manager: An authorized representative of CITY assigned to perform
the Project Management role as detailed in the Design Criteria Package. HAZEN AND
SAWYER, is the Program Manager assigned by the CITY.
1.28 Shop Drawings: Drawings, diagrams and schedules (excluding, however, the
CPM Schedule), and other data specially prepared by the DESIGN/BUILD FIRM or its
subcontractors, sub-subcontractors, manufacturer, supplier or distributor to illustrate
some portion of the work.
BID NO: 36-05/06 CITY OF MIAMI BEACH
DATE: 06/23/06 6
1.29 Subcontractor: The person, firm or corporation having a direct contract with
DESIGN/BUILD FIRM and/or Contractor, including one who furnishes material worked
to a special design according to the Contract Documents for this Project, but does not
include one who merely furnishes material not so worked,
1.30 Substantial Completion: Subject to the requirements of Article 41, the dates
certified by the Contract Administrator that all conditions of the permits and regulatory
agencies have been met for the CITY'S intended use of each portion of the Project, and
all construction has been performed therein in accordance with the Contract Documents
so CITY can fully, as opposed to partially, occupy or utilize each portion of the Project
for its intended purpose. At a minimum, a Certificate of Substantial Completion is one of
the requirements for Substantial Completion.
1,31 Surety: The surety company or individual which is bound by the performance
bond and payment bonds with and for DESIGN/BUILD FIRM who is primarily liable and
which surety company or individual is responsible for DESIGN/BUILD FIRM'S
acceptable performance of the work under the contract and for the payment of all debts
pertaining thereto in accordance with Section 255.05, Florida Statutes.
1,32 Utilities: The public or private systems on the Project site for rendering electrical
power, light, heat, gas, water, communication, sewage systems, and the like.
1.33 Work: The completed construction required by the Contract Documents, as
permitted, including all labor necessary to produce such construction, and all materials
and equipment incorporated or to be incorporated in such construction.
ARTICLE 2
[[his Article left intentionally blank]
ARTICLE 3 INTENTION OF AGREEMENT
It is the intent of the Contract Documents and this Contract to describe a functionally
complete Project to be designed and constructed by the DESIGN/BUILD FIRM in
accordance with the Contract Documents. Any work, materials or equipment that may
reasonably be inferred from the Contract Documents as being required to produce the
intended result will be supplied whether or not specifically called for. When words which
have a well-known technical or trade meaning are used to describe work, materials or
equipment, such words shall be interpreted in accordance with that meaning. Reference
to standard specifications, manuals or codes of any technical society, organization or
association, or to laws or regulations of any governmental authority, whether such
reference be specific or by implication, shall mean the standard specification, manual,
code, laws or regulations in effect at the time of the completion of design. Applicable
laws or codes that may be changed after a permit is issued may result in additional
compensation should additional work be required on behalf of the DESIGN/BUILD
FIRM.
BID NO: 36-05/06 CITY OF MIAMI BEACH
DATE: 06/23/06 7
ARTICLE 4 CONTRACT DOCUMENTS
4.01 The Contract Documents shall be followed as to work, material, and dimensions
except when the Contract Administrator may authorize in his/her sole discretion, in
writing, an exception.
4.02 Dimensions given in figures are to hold preference over scaled measurements
from the drawings; however, all discrepancies shall be decided upon by the Consultant
with notice to Contract Administrator. DESIGN/BUILD FIRM shall not proceed when in
doubt as to any dimension or measurement but shall seek clarification from the
Consultant with notice to Contract Administrator,
4.03 DESIGN/BUILD FIRM shall maintain four (4) copies of the Contract Documents;
two (2) of which shall be preserved and always kept accessible at the site to the
Contract Administrator or his/her authorized representatives.
4.04 This Contract incorporates by reference the Contract Documents defined in
Section 1.12. The documents listed in Section 1,12 have the following order of
precedence. beginning with the most important:
1. Change Orders
2. This Agreement (Contract)
3. The Specifications (Approved and Permitted)
4. The Plans (Approved and Permitted)
5. Design Criteria Package
6. Invitation to Bid (ITB) No. 36-05/06 for Design Build Services for Neighborhood
No.7 - Nautilus Right-of-Way Infrastructure Improvement Project.
ARTICLE 5 SCOPE OF WORK
5.01 DESIGN/BUILD FIRM hereby agrees to complete the Project described by the
Contract Documents including furnishing all preliminary study designs, drawings and
specifications, job site inspection, administration of construction, engineering, landscape
architecture, and land surveying services, labor, materials, equipment and other
services necessary to perform all of the work described in the Contract Documents
including drawings and addenda thereto for the construction of the Project to be
constructed in accordance with the requirements and provisions of the Contract
Documents.
5.02 DESIGN/BUILD FIRM agrees to meet with Contract Administrator or designee at
reasonable times and with reasonable notice.
5.03 Prior to the final completion of construction services under this Agreement, there
shall be established a record set of plans and specifications, on Reproducible Vellum
and on CD Rom, noncompressed, formatted in the latest version of AutoCAD, which
shall bear the approval of DESIGN/BUILD FIRM and Contract Administrator. Such
BID NO: 36-05/06 CITY OF MIAMI BEACH
DATE: 06/23/06 8
approval shall be indicated by the written signature of both parties. In addition, prior to
the commencement of construction services under this Agreement, DESIGN/BUILD
FIRM shall submit to the Contract Administrator a CPM Schedule for the planning and
execution of the Construction Phase of the Project.
5.04 [Intentionally Omitted]
5.05 Consultant will provide the following services:
5.05,01 Shall perform all of the architectural and engineering services necessary to
describe, detail and design the Project in accordance with the Contract Documents;
5.05.02 Design the Project so as to comply with the applicable codes and regulations;
5.05,03 Prepare the Plans and Specifications, as well as review and approve (or take
other appropriate action upon) submittals such as shop drawings, product data and
samples;
5.05.04 Prepare construction change directives, if necessary, and authorize minor
changes in the construction work as provided in this Contract;
5,05.05 Receive and review for compliance with the Contract Documents all written
warranties and related documents required hereby to be assembled upon Substantial
Completion and issue Certificates for Payment for work performed in compliance with
the requirements of the Contract Documents;
Consultant shall submit the Plans and Specifications to Contract Administrator for
review and approval. Contract Administrator shall expeditiously review and approve the
Plans and Specifications in accordance with attached Project Schedule. Contract
Administrator's approval of the Plans and Specifications shall not constitute acceptance
of design work which does not comply with the Design Criteria Package and/or with the
terms of this Contract. The approval of the Plans and Specifications, as modified from
time to time, shall constitute a representation by Contract Administrator that the Project,
if constructed as required by this Contract, will be sufficient for its purposes and that
Contract Administrator will accept the Project. The Plans and Specifications shall
include technical drawings, schedules, diagrams and specifications setting forth in detail
the requirements for construction of the Project, provide information necessary for the
use of subcontractors and those in the building trade and include documents necessary
for regulatory agency and other governmental approvals.
5.06 The Program Manager and the Design Criteria Engineer will provide services as
noted in the Design Criteria Package (Conceptual Specifications)
ARTICLE 6 COMPLETION DATE
6.01 Time is of the essence for the DESIGN/BUILD FIRM'S performance of the Work
BID NO: 36-05/06 CITY OF MIAMI BEACH
DATE: 06/23/06 9
pursuant to this Contract. The DESIGN/BUILD FIRM agrees to complete the Work in
accordance with the accepted Project Schedule and to achieve Substantial Completion
of the Work, in accordance with this Contract, and within the Contract time.
DESIGN/BUILD FIRM acknowledges that failure to achieve Substantial Completion will
result in substantial damages to the CITY, such as loss of beneficial use and/or
occupancy of the Project. Completion of the Work shall be achieved no later than thirty
(30) calendar days after issuance of a Certificate of Substantial Completion by the
Contract Administrator for each final designated portion of the Project.
6.02 DESIGN/BUILD FIRM shall be instructed to commence the Work by written
instruction in the form of a Purchase Order issued by the City's Procurement Director
and Notices to Proceed issued by the Contract Administrator. Two (2) Notices to
Proceed will be issued for this Contract. DESIGN/BUILD FIRM shall commence
scheduling activities, permit applications, and other preconstruction work within five (5)
calendar days after the Project Initiation Date, which shall be the same as the date of
the first Notice to Proceed, The first Notice to Proceed and Purchase Order will not be
issued until DESIGN/BUILD FIRM's submission to CITY of all required documents and
after execution of the Contract by both parties.
6.02.01 The receipt of all necessary permits by DESIGN/BUILD FIRM and acceptance
of the full Progress Schedule in accordance with technical specifications section,
submittal schedule and schedule of values is a condition precedent to the issuance of
the second Notice to Proceed to morbT e on the Project site and commence with
physical construction wo~ /'
20 0;)...) ~ .
6.03 Time is of the1essence throughout his Contract. The Work shall be substantially
completed within-1,12u calendar days from the date specified in the second Notice to
Proceed, and completed and ready for final payment in accordance with Article 8, within
(30) calendar days from the date certified by the Design Criteria Engineer as the date of
Substantial Completion of the Project or the designated portions thereof.
6.04 Upon failure of DESIGN/BUILD FIRM to substantially complete the entire Contract
within the total specified period of time, plus approved time extensions, DESIGN/BUILD
FIRM shall pay to CITY the sum of One Thousand Five Hundred and 00/100 Dollars
($1,500.00) for each calendar day after the time specified in Article 6 (plus any
approved time extensions) for Substantial Completion on the entire Project. After
Substantial Completion, of each designated portions, should DESIGN/BUILD FIRM fail
to complete the remaining work within ten (10) calendar days after said sixty (60)
calendar day period for completion and readiness for final payment, DESIGN/BUILD
FIRM shall pay to CITY the sum of Two Thousand and 00/100 Dollars ($2,000.00) for
each calendar day after said ten (10) calendar day period, for completion and readiness
for final payment. The time frame for liquidated damages shall not commence and thus
shall be tolled until the Contract Administrator submits the Punch List to the
DESIGN/BUILD FIRM. These amounts are not penalties but are liquidated damages to
CITY for its inability to obtain full beneficial occupancy and/or use of the Project.
Liquidated damages are hereby fixed and agreed upon between the parties, recognizing
BID NO: 36-05/06 CITY OF MIAMI BEACH
DATE: 06/23/06 10
the impossibility of precisely ascertaining the amount of damages that will be sustained
by CITY as a consequence of such delay, and both parties desiring to obviate any
question of dispute concerning the amount of said damages and the cost and effect of
the failure of DESIGN/BUILD FIRM to complete the Contract on time.
6.05 CITY is authorized to deduct liquidated damages from monies withheld due to
DESIGN/BUILD FIRM for the work under this Contract or as much thereof as CITY may,
in its sole discretion, deem just and reasonable. The CITY shall first deduct the
liquidated damages from the monies referenced in Article 8.02,
6,06 DESIGN/BUILD FIRM shall be responsible for reimbursing CITY, in addition to
liquidated damages, for all costs incurred by Design Criteria Engineer and Program
Manager in administering the construction of the Project beyond the completion date
specified above, plus approved time extensions. Design Criteria Engineer and Program
Manager construction administration costs shall be pursuant to the contract between
CITY and the Design Criteria Engineer / Program Manager, a copy of which is available
upon request of the Contract Administrator. All such costs shall be deducted from the
monies due to the DESIGN/BUILD FIRM for performance of Work under this Contract
by means of unilateral credit change order issued by CITY as costs are incurred by
Design Criteria Engineer / Program Manager and agreed to by Contract Administrator.
ARTICLE 7 DESIGN/BUILD FIRM'S RESPONSIBILITY
7.01 The parties acknowledge and agree that The DESIGN/BUILD FIRM (DB F) will be
responsible for the design, construction and construction management of the water
main distribution, sanitary sewer collection, storm water collection/disposal, irrigation,
electrical, curb/gutter, sidewalk, road reconstruction and asphalt milling/resurfacing of
the Neighborhood NO.7 - Nautilus Right-of-Way Improvement Project (the Project). A
Design Criteria Package (DCP) has been prepared by the Design Criteria Engineer,
Reynolds, Smith and Hills, which includes conceptual construction drawings and
technical specifications.
7.02 DESIGN/BUILD FIRM shall be responsible for applying for and securing all
permits and approvals from all governmental authorities having jurisdiction over the
Project. All permits and licenses required by federal, state or local laws, rules and
regulations necessary for the prosecution of the Project by DESIGN/BUILD FIRM
pursuant to this Agreement shall be secured and paid for by DESIGN/BUILD FIRM. It is
DESIGN/BUILD FIRM'S responsibility to have and maintain appropriate certificate(s) of
competency, valid for the work to be performed and for all persons working on the
Project for whom a certificate of competency is required.
7.03 DESIGN/BUILD FIRM shall be fully responsible for the actions of all its agents,
servants, employees, Contractor, subcontractors, sub-subcontractors, material person,
pursuant to Chapter 713, Florida Statutes, and persons working for it in conjunction with
the design and construction of the Project.
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
11
7.04 DESIGN/BUILD FIRM shall be fully responsible for all acts or omissions of its
consultants and subcontractors and of persons directly employed by DESIGN/BUILD
FIRM'S Contractor, consultants and subcontractors and of persons for whose acts any
of them may be liable to the same extent DESIGN/BUILD FIRM is responsible for the
acts and omissions of persons directly employed by DESIGN/BUILD FIRM. Nothing in
this Agreement shall create any contractual relationship between any consultant or
subcontractor and CITY or any obligation on the part of CITY to payor to see to the
payment of any monies due to any consultant or subcontractor.
7.05 DESIGN/BUILD FIRM agrees to bind specifically Contractor and every
subcontractor and consultant to the applicable terms and conditions of this Agreement
for the benefit of CITY,
7.06 Unless otherwise provided herein, DESIGN/BUILD FIRM shall provide and pay
for all architecture, engineering, landscape architecture, and land surveying services,
materials, labor, water, tools, equipment, light, power, transportation and other facilities
and services necessary for the proper execution and completion of the Project, whether
temporary or permanent, and whether or not incorporated or to be incorporated in the
Project.
7.07 DESIGN/BUILD FIRM shall at all times enforce strict discipline and good order
among its employees, consultants, and subcontractors at the Project site and shall not
employ on the Project any unfit person or anyone not skilled in the work assigned to him
or her.
7.08 DESIGN/BUILD FIRM shall maintain suitable and sufficient security as may be
necessary, as may be determined by Contract Administrator.
7,09 DESIGN/BUILD FIRM shall keep itself fully informed of, and shall take into
account and comply with, all applicable state and national laws and municipal
ordinances and regulations in any manner affecting those engaged or employed in the
Project, or the materials used or employed in the Project, or in any way affecting the
conduct of the Project, and of all such orders and decrees of bodies or tribunals having
any jurisdiction or authority over the same and of all provisions required by law to be
made a part of this Agreement, all of which provisions are hereby incorporated by
reference and made a part hereof. If any specification or contract for this Project is in
violation of any such law, ordinance, regulation, order or decree, DESIGN/BUILD FIRM
shall forthwith report the same to the Contract Administrator in writing. DESIGN/BUILD
FIRM shall cause all its agents, employees, subcontractors and consultants to observe
and comply with all applicable laws, ordinances, regulations, orders and decrees.
7.10 In the event of a change after the effective date of this Agreement in any
national, state, local or municipal laws, codes, ordinances and regulations which in any
manner affects the Project, DESIGN/BUILD FIRM shall advise the Contract
Administrator, in writing, and the Contract Administrator, may initiate a Change Order,
the purpose of which shall be to bring the Project into compliance with all laws,
BID NO: 36-05/06 CITY OF MIAMI BEACH
DATE: 06/23/06 12
ordinances, codes and regulations as amended or enacted.
7.11 DESIGN/BUILD FIRM shall pay all applicable sales, consumer, use and other
taxes required by law in effect at the execution of the Agreement. DESIGN/BUILD FIRM
is responsible for reviewing the pertinent State statutes involving State taxes and
complying with all requirements.
7.12 CITY shall have the right to inspect and copy, at CITY'S expense, the books and
records and accounts of the Design Build-Firm which directly relate to the Project, and
to any claim for additional compensation made by the Design Build-Firm, and to conduct
an audit of the financial and accounting records of the Design Build-Firm which relate to
the Project and to any claim for additional compensation made by the Design Build-
Firm. Design Build-Firm shall retain and make available to CITY all such books and
records and accounts or portions thereof, financial or otherwise, which relate to the
Project and to any claim for a period of three (3) years following Final Completion of the
Project. During the Project and the three (3) year period following Final Completion of
the Project, the Design Build-Firm shall provide CITY access to its books and records
subject to this section upon three (3) business days written notice.
ARTICLE 8 COMPENSATION AND METHOD OF PAYMENT
8.01 CITY agrees to pay DESIGN/BUILD FIRM, as compensation for its services
under the terms of this Agreement, compensation to be computed as described below
("Contract Sum)",
This is a Lump Sum Contract:*
8.01 a CITY shall pay to DESIGN/BUILD FIRM for the performance of the Work
described in the Contract Documents, the total price stated as awarded (Contract
Sum) GRAND TOTAL BASE BID PLUS ADD ALTERNATES OF $27,110,221,
8.01b Payment shall be at the lump sum price stated in the Contract. This
price shall be full compensation for all costs, including overhead and profit,
associated with completion of all the work in full conformity with the requirements
as stated or shown, or both, in the Contract Documents. The cost of any item of
work not covered by a definite Contract lump sum should be included in the lump
sum price to which the item is most applicable.
8.01 c The CITY reserves the right to request a deductive change order for any
ADD ALTERNATE Bid Items values that may be included in 8.01a above, and as
reflected in the DESIGN/BUILD FIRM Bid. The value of any deductive change
order will be subject to negotiation per requirements specified elsewhere in this
document.
8.01d RISK ASSESSMENT PLAN associated Work: It is anticipated that a
change order(s) for additional work, generally identified in the DESIGN/BUILD
BID NO: 36-05/06 CITY OF MIAMI BEACH
DATE: 06/23/06 13
Firm Risk Assessment Plan (RAP), will be negotiated and processed by the CITY
at the completion of the detailed design effort by the DESIGN/BUILD FIRM.
Payment for such items shall be made at unit prices applicable to each integral
part of the Work as agreed by the CITY and DESIGN/BUILD FIRM. These prices
shall be full compensation for all costs, including overhead and profit, associated
with completion of all the Work in full conformity with the requirements as stated
or shown, or both, in the final design Contract Documents. The items to be
addressed at that time, will likely include, but are not necessarily limited to, the
following:
. Risk 1: Additional costs associated with extending certain portions of the
conceptual plan stormwater system to service areas within the Stormwater
Priority basins which are not currently shown to be serviced adequately, Such
costs will likely consist of additional collection and transmission, inlets and
manholes, with ancillary installation costs, in excess of the amounts noted to
be included in the base bid as a part of the Invitation to Bid and subsequent
Addenda,
. Risk 2: Additional costs associated with the installation the actual number of
additional stormwater disposal wells and stormwater pump stations, along
with ancillary installation costs, in excess of the amounts noted to be included
in the base bid as a part of the Invitation to Bid and subsequent Addenda.
. Risk 3: The CITY is considering the DESIGN / BUILD FIRM's recommendation
to design water mains with a minimum 18-inch cover and thicker pipe wall
class, in lieu of the standard 3D-inch minimum cover requirement. It is
anticipated that a final decision on this issue will be provided by CITY prior to
design phase commencement. Any additional costs that may result from
muck related items that may be encountered during construction will be
addressed on a case by case basis.
. Risk 4: Additional costs associated with revisions to the conceptual stormwater
design presented in the ITB. As the base bid requires the DESIGN/BUILD
FIRM to finalize the conceptual design with a new Design Engineer of Record
this Risk allows for adjustments to construction cost that may result from
certain modifications to the conceptual design, in excess of the amounts
noted to be included in the base bid as a part of the Invitation to Bid and
subsequent Addenda.
. Risk 5: Additional costs associated with the installation of requisite fire
hydrants, above the number shown on the conceptual plans, as necessary to
meet permitting requirements.
. Risk 6: Additional costs associated with the installation of conflict structure that
may be required after the DESIGN / BUILD FIRM has completed its design
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
14
due diligence to identify conflicts between existing and proposed underground
improvements as specified in the ITB and subsequent Addenda,
. Risk 7: Not applicable
. Risk 8: Not applicable.
. Risk 9 and 10 (Intentionally Left Blank)
. Risk 11: Additional costs associated with the repair of existing water service /
aged mains not intended for replacements, but that may suffer inadvertent
damage during construction, will be addressed on a case by case basis.
. Risk 12: Not applicable
8.02 METHOD OF BILLING AND PAYMENT
8,02.01 During the Design Phase, payments shall be made monthly based upon
percentage of completion of final construction plans and specification preparation.
Payments will be made no more frequently than monthly. DESIGN/BUILD FIRM may,
upon contract execution, submit a request for immediate payment regarding design
work and other pre-construction services performed for the Project. The Contract
Administrator shall verify completion of the various stages as noted and authorize
payment. During the Construction Phase, DESIGN/BUILD FIRM may submit a request
for payment thirty (30) calendar days after beginning field operations and every thirty
(30) calendar days thereafter. Payment will be based on quantities certified by the
DESIGN/BUILD FIRM. DESIGN/BUILD FIRM'S requisition shall show a complete
breakdown of the Project components, the quantities completed and the amount due,
together with such supporting evidence as may be required by the Contract
Administrator. When applicable, the requisition for payment shall be accompanied by a
completed certification of work. The certification of work will mean compliance by
DESIGN/BUILD FIRM, of those items referenced in Section 01311 of the Conceptual
Specifications for the project.
8.02.02 CITY agrees that it will pay DESIGN/BUILD FIRM, within thirty (30) calendar
days of receipt of DESIGN/BUILD FIRM'S proper invoice, as provided above,
accompanied by an acceptable updated CPM Schedule and as-built drawings, ninety
percent (90%) of the total shown to be due on such statement.
8.02.03 Ten percent (10%) of all monies earned by DESIGN/BUILD FIRM, excluding
design and professional fees, shall be retained by CITY until the Project is totally
completed as specified, and accepted by CITY, except that upon completion of the
Construction Documents Phase and approval by CITY of the work performed under
such Phase, the Contract Administrator may release the entire amount of the retainage
pertaining to the Design Development and Construction Document Phases. After fifty
BID NO: 36-05/06
DATE: 06/23106
CITY OF MIAMI BEACH
15
percent (50%) of the remainder of the Project has been completed, the Contract
Administrator may reduce the retainage to five percent (5%) of all monies earned
subsequent to the Construction Documents Phase. Further, the Contract Administrator
may reduce retainage to three and one-half percent (3.5%) of all monies earned
subsequent to the Construction Documents Phase after seventy five percent (75%) of
the remainder of the Project has been completed, and to two and one-half percent
(2.5%) of all monies earned subsequent to the Construction Documents Phase after
ninety-five percent (95%) of the remainder of the Project has been completed. Any
interest earned on retainage shall accrue to the benefit of CITY.
8.02.04 Undisputed amounts remaining unpaid thirty (30) calendar days after CITY'S
receipt of DESIGN/BUILD FIRM'S proper invoice for conforming work shall bear interest
at the rate set forth in Section 218.74 (4), Florida Statutes. This section shall not apply if
the CITY has a right to withhold any portion of the payment under this Agreement. .
8.03 Upon receipt of written notice from DESIGN/BUILD FIRM that the Project is
ready for final inspection and acceptance, the Contract Administrator shall, within ten
(10) calendar days, make an inspection thereof. If the Contract Administrator finds the
Project acceptable under the Contract Documents and the Project fully performed, a
Final Certificate of Payment shall be issued by the Contract Administrator, over his/her
own signature, stating that the work required by this Agreement has been completed
and is accepted under the terms and conditions thereof.
8,04 Before issuance of the Final Certificate for Payment, DESIGN/BUILD FIRM shall
deliver to the Contract Administrator a complete final release of all liens arising out of
this Agreement, or receipts in full in lieu thereof, and an Affidavit certifying that all
suppliers and subcontractors have been paid in full and that all other indebtedness
connected with the Project has been paid, and a consent of the surety to final payment.
All warranties, guarantees, operational manuals, and instructions in operation must be
delivered to CITY at this time. As built drawings will be completed, a hard reproducible
copy and a CD Rom noncom pressed formatted in the latest version of AutoCAD shall
be delivered at the time of receiving final payment. A certificate of occupancy will be
obtained prior to final payment being made.
8.05 CITY may withhold final payment or any progress payment to such extent as may
be necessary on account of:
8.05.01 Defective work not remedied.
8,05.02 Claims filed or written notices of nonpayment indicating probable filing of
claims as may be prescribed by law by other parties against DESIGN/BUILD FIRM.
8.05.03 Failure of DESIGN/BUILD FIRM to make payments properly to subcontractors
or consultants or for material or labor.
8.05.04 Damage to another subcontractor, supplier, material person as provided for in
BID NO: 36-05/06 CITY OF MIAMI BEACH
DATE: 06/23/06 16
F.S. 713, party, or person not remedied which are attributable to DESIGN/BUILD FIRM,
its agents, servants, employees, subcontractors and sub-subcontractors, material
person and suppliers.
8.05.05 Liquidated damages pursuant to Article 6 hereof,
8.05.06 As-built drawings not being in a current and acceptable state.
8.05,07 The DESIGN/BUILD FIRM warrants to the CITY that all materials and
equipment furnished under this Agreement will be new unless otherwise specified, and
that all work will be of good quality and in conformance with the Contract Documents.
All work not conforming to these requirements, including substitutions not properly
approved and authorized by Contract Administrator, may be considered defective. If
required by the CITY, the DESIGN/BUILD FIRM shall furnish satisfactory evidence as to
the origin, nature and quality of materials and equipment used for the Project.
DESIGN/BUILD FIRM shall property store and protect all construction materials.
Materials which become defective through improper storage shall be replaced with new
materials at no additional costs. The DESIGN/BUILD FIRM'S warranty excludes remedy
for damage or defect caused by abuse, modifications not executed by the
DESIGN/BUILD FIRM, improper or insufficient maintenance, improper operation, or
normal wear and tear under normal usage.
When the above grounds are removed or resolved or DESIGN/BUILD FIRM provides a
surety bond or a consent of surety satisfactory to CITY which will protect CITY in the
amount withheld, payment may be made in whole or in part, as applicable.
8,06 If, after the Project has been substantially corr.pleted, full completion thereof is
delayed through no fault of DESIGN/BUILD FIRM, or by issuance of Change Orders
affecting final completion, and the Contract Administrator so certifies, CITY shall, upon
certification of the Contract Administrator, and without terminating the Contract, make
payment of the balance due for that portion of the Project fully completed and accepted.
Such payment shall be made as required by law under the terms and conditions
governing final payment, except that it shall not constitute a waiver of claims.
8.07 The making and acceptance of the final payment shall constitute a waiver of all
claims by CITY, other than those arising from faulty or defective work, failure of the
Project to comply with requirements of the Contract Documents or terms of any
warranties required by the Contract Documents. It shall also constitute a waiver of all
claims by DESIGN/BUILD FIRM, except those previously made in writing and identified
by DESIGN/BUILD FIRM as unsettled at the time of the final application for payment.
8.08 Payment will be made to DESIGN/BUILD FIRM at:
Ric-Man International, Inc.
2601 Northwest 48th Street
Pompano Beach, Florida 33073
BID NO: 36-05/06 CITY OF MIAMI BEACH
DATE: 06/23/06 17
ARTICLE 9 ADDITIONAL SERVICES AND CHANGES IN SCOPE OF WORK
Without invalidating the Agreement and without notice to any surety, CITY reserves and
shall have the right to make such changes from time to time in the character or quantity
of the Project as may be considered necessary or desirable to complete fully and
acceptably the proposed construction in a satisfactory manner. Any extra or additional
work within the scope of this Project may be accomplished by means of appropriate
Field Orders and fully executed and approved Change Orders.
ARTICLE 10 CITY'S RESPONSIBILITIES
10.01 CITY shall assist DESIGN/BUILD FIRM by placing at its disposal any available
information pertinent to the Project including previous reports, laboratory tests and
inspections of samples, materials and equipment; property, boundary, easement, rights-
of-way, topographic and utility surveys; property descriptions; and known zoning, deed
and other land use restrictions.
10.02 CITY shall arrange for access to and make all provisions for DESIGN/BUILD
FIRM to enter upon public and private property as required for DESIGN/BUILD FIRM to
perform its services.
ARTICLE 11 RESOLUTION OF DISPUTES
11.01 To attempt to prevent all disputes and litigation, it is agreed by the parties hereto
that Contract Administrator shall first decide all questions, claims, difficulties and
disputes of whatever nature which may arise relative to the Contract Documents rJnd
fulfillment of this Agreement as to the character, quality, amount and value of any work
done and materials furnished, or proposed to be done or furnished under or, by reason
of, the Contract Documents and Contract Administrator's estimates and decisions upon
all claims, questions, difficulties and disputes shall be final and binding to the extent
provided in Section 11.02. Any claim, question, difficulty or dispute which cannot be
resolved by mutual agreement of CITY and DESIGN/BUILD FIRM shall be submitted to
Contract Administrator in writing within twenty-one (21) calendar days of the discovery
of the occurrence. Unless a different period of time is set forth herein, Contract
Administrator shall notify DESIGN/BUILD FIRM in writing of the decision within twenty-
one (21) calendar days from the date of the submission of the claim, question, difficulty
or dispute, unless Contract Administrator requires additional time to gather information
or allow the parties to provide additional information. All nontechnical administrative
disputes shall be determined by the Contract Administrator pursuant to the time periods
provided herein, During the pendency of any dispute and after a determination thereof,
DESIGN/BUILD FIRM and CITY shall act in good faith to mitigate any potential
damages including utilization of construction schedule changes and alternate means of
construction.
11.02 In the event the determination of a dispute under this Article is unacceptable to
BID NO: 36-05/06 CITY OF MIAMI BEACH
DATE: 06/23/06 18
either party hereto, the party objecting to the determination must notify the other party in
writing within twenty-one (21) calendar days of receipt of the written determination. The
notice must state the basis of the objection and must be accompanied by a statement
that any Contract Price adjustment claimed is the entire adjustment to which the
objecting party has reason to believe it is entitled to as a result of the determination.
Within sixty (60) calendar days after receipt of written determination as provided in this
section, the parties shall participate in mediation to address all objections to any
determinations hereunder and to attempt to avoid litigation. The mediator shall be
mutually agreed upon by the parties. The mediation shall be non-binding.
11,03 Pending final resolution of a claim, including mediation, unless otherwise agreed
in writing, DESIGN/BUILD FIRM shall proceed diligently with performance of the
Contract and the CITY shall continue to make payments in accordance with the
Contract Documents.
11,04 Any mediator used shall be certified in accordance with Florida law. Mediation
will be conducted in Miami-Dade County.
ARTICLE 12
[This Article left intentionally blank]
ARTICLE 13
[This Article left intentionally blank]
ARTICLE 14
[This Article left intentionally blank]
ARTICLE 15 SECURITY
DESIGN/BUILD FIRM shall provide a Project security program to protect work, stored
products and construction equipment from theft and vandalism, and to protect premises
from entry by unauthorized persons. In the event any such materials, equipment and
supplies are lost, stolen, damaged or destroyed prior to final inspection and acceptance,
DESIGN/BUILD FIRM shall replace same without cost to CITY.
ARTICLE 16 INSPECTION OF PROJECT
16.01 The Contract Administrator or designee shall at all times have access to the
Project, and DESIGN/BUILD FIRM shall provide proper facilities for such access, and
such access shall be in accordance with the visitor's rules.
16.01,01 Should the Contract Documents, instructions, any laws, ordinances, or any
public authority require any work for the Project to be specially tested or approved,
DESIGN/BUILD FIRM shall give to the Contract Administrator timely notice of readiness
of the work for inspection, If the testing or approval is to be made by an authority other
BID NO: 36-05/06 CITY OF MIAMI BEACH
DATE: 06/23/06 19
than CITY, timely notice shall be given of the date fixed for such testing. Inspections
shall be made promptly, and, where practicable, at the source of supply. Within a
reasonable time from execution of this Agreement, CITY shall provide a letter document
listing the areas of work the CITY will inspect. If defined work for the Project should be
covered up without required inspection/approval, it must, if required by the Contract
Administrator, be uncovered for examination and properly restored at DESIGN/BUILD
FIRM'S expense.
16,01.02 Reexamination and retesting of any work for the Project may be ordered by
the Contract Administrator; and if so ordered, such work must be uncovered by
DESIGN/BUILD FIRM. If such work is found to be in accordance with the Contract
Documents, CITY shall pay the cost of reexamination, retesting and replacement. If
such work is not in accordance with the Contract Documents, DESIGN/BUILD FIRM
shall pay such cost.
16.02 The payment of any compensation, regardless of its character or form, or the
giving of any gratuity or the granting of any valuable favor by DESIGN/BUILD FIRM to
any Inspector other than its consultant, is forbidden, and any such act on the part of
DESIGN/BUILD FIRM will constitute a breach of this Agreement.
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
20
ARTICLE 17 SUPERINTENDENCE AND SUPERVISION
17.01 The orders of the CITY are to be given through the Contract Administrator,
whose instructions are to be strictly and promptly followed in every case, provided that
they are in accordance with this Contract. DESIGN/BUILD FIRM shall keep on the
Project during its progress a competent supervisor who shall serve as the Construction
Manager, and any necessary assistants.
17.02 Contracting Manager shall prepare, on a daily basis, and keep on the Project
site, a bound daily report log setting forth at a minimum, for each day: the weather
conditions and how any weather conditions affected progress of the work, work
performed, equipment utilized for the work, any idle equipment and reasons for
idleness, visitors to the Project site, labor utilized for the work, and any materials
delivered to the Project site. The bound daily report log shall be available for inspection
by the Contract Administrator or designee at all times during the Project.
17.03 If DESIGN/BUILD FIRM, in the course of the Project, finds any discrepancy
between the Contract Documents and the physical conditions of the site, or any errors
or omissions in the Contract Documents including drawings (plans) and specifications, it
shall be a DESIGN/BUILD FIRM duty to immediately inform the Contract Administrator,
in writing; and the Contract Administrator will promptly verify the same. Any work done
prior to or after such discovery will be done at DESIGN/BUILD FIRM'S sole risk, subject
to the provisions of Article 34. It should be recognized that this is a Design/Build Project.
Any errors or omissions shall be corrected without claim for time and/or funds.
17,04 DESIGN/BUILD FIRM shall coordinate, supervise and direct the Project
competently and efficiently, devoting such attention thereto and applying such skills and
expertise as may be necessary to perform the Project in accordance with the Contract
Documents. DESIGN/BUILD FIRM shall be solely responsible for the design,
preparation of construction documents, means, methods, techniques, safety, sequences
and procedures of construction. DESIGN/BUILD FIRM shall give efficient supervision to
the work, using DESIGN/BUILD FIRM'S best skill, attention, and judgement.
ARTICLE 18 CITY'S RIGHT TO TERMINATE AGREEMENT
18.01 If DESIGN/BUILD FIRM fails to begin the design and construction of the Project
within the time specified, or fails to perform the Project with sufficient workers and
equipment or with sufficient materials to insure the prompt completion of the Project, in
accordance with the Contract Documents and schedules, or shall perform the work
unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue
the prosecution of the Project, except for excused delays in accordance with this
Agreement; or if DESIGN/BUILD FIRM shall become insolvent or be declared bankrupt,
or commit any act of bankruptcy or insolvency, or shall make an assignment for the
benefit of creditors, or shall not carry on the Project in accordance with the Contract
Documents, CITY shall give notice in writing to DESIGN/BUILD FIRM and its surety of
such delay, neglect or default, specifying the same. If DESIGN/BUILD FIRM, within a
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
21
period of ten (10) calendar days after such notice, shall not proceed in accordance
therewith, then CITY may, upon written certificate from the Contract Administrator of the
fact of such delay, neglect or default and DESIGN/BUILD FIRM'S failure to comply with
such notice, terminate the services of DESIGN/BUILD FIRM, exclude DESIGN/BUILD
FIRM from site and take the prosecution of the Project out of the hands of
DESIGN/BUILD FIRM, as appropriate or use any or all materials and equipment on the
Project site as may be suitable and acceptable. In such case, DESIGN/BUILD FIRM
shall not be entitled to receive any further payment until the Project is finished. In
addition, CITY may enter into an agreement for the completion of the Project according
to the terms and provisions of the Contract Documents or use such other methods as in
its opinion shall be required for the completion of the Project in an acceptable manner.
All damages, costs and charges incurred by CITY shall be deducted from any monies
due or which may become due to said DESIGN/BUILD FIRM. Actions will be instituted
to recover on the posted bonds, In case the damages and expense so incurred by CITY
shall be less than the sum which would have been payable under this Agreement, if it
had been completed by said DESIGN/BUILD FIRM, then DESIGN/BUILD FIRM shall be
entitled to receive the difference. If such damages and costs exceed the unpaid
balance, then DESIGN/BUILD FIRM shall be liable and shall pay to CITY the amount of
said excess.
18.02 If, after Notice of Termination of DESIGN/BUILD FIRM'S right to proceed, it is
determined for any reason that DESIGN/BUILD FIRM was not in default, the rights and
obligations of CITY and DESIGN/BUILD FIRM shall be the same as if the notice of
termination had been issued pursuant to the Termination for Convenience clause as set
forth in Section 18.03 below.
18.03 The performance of work under this Agreement may be terminated in writing by
CITY for convenience upon ten (10) business days from the date of DESIGN/BUILD
FIRM'S receipt of the written notice to DESIGN/BUILD FIRM (delivered by certified mail,
return receipt requested) of intent to terminate and the date on which such termination
becomes effective. In such case, DESIGN/BUILD FIRM shall be paid for all work and
reimbursables executed, and expenses incurred prior to termination in addition to
termination settlement costs reasonably incurred by DESIGN/BUILD FIRM relating to
commitments which had become firm prior to the termination. Payment shall include
reasonable profit for services actually performed in full prior to termination date, but
shall exclude all lost profits, indirect or special, or other damages.
18.04 Upon receipt of Notice of Termination pursuant to Sections 18.01 or 18.03 above,
DESIGN/BUILD FIRM shall promptly discontinue all affected work unless the Notice of
Termination directs otherwise and deliver to CITY within seven (7) calendar days of
termination all data, drawings, specifications, reports, estimates, summaries and such
other information as may have been required by the Contract Documents whether
completed or in process. Compensation shall be withheld until all documents are
provided to CITY pursuant to this Article.
ARTICLE 19 DESIGN/BUILD FIRM'S RIGHT TO STOP WORK OR TERMINATE
BID NO: 36-05/06 CITY OF MIAMI BEACH
DATE: 06/23106 22
CONTRACT
If the Project should be stopped under an order of any court or other public authority for
a period of more than ninety (90) calendar days, through no act or fault of
DESIGN/BUILD FIRM or of anyone employed by DESIGN/BUILD FIRM, or if the
Contract Administrator should fail to review and approve or state inwriting reasons for
non approval of any estimate for payment within twenty (20) calendar days after it is
presented, or if CITY fails to pay DESIGN/BUILD FIRM within thirty (30) calendar days
after approval and certification by the Contract Administrator of any proper statement
certified by DESIGN/BUILD FIRM accompanied by the required update of the CPM
Schedule, then DESIGN/BUILD FIRM may, upon seven (7) calendar days prior written
notice to CITY and the Contract Administrator, stop work until payment is made, or
terminate this Agreement and recover from CITY payment for all work executed and any
expense sustained plus reasonable termination expenses.
ARTICLE 20 "OR EQUAL" CLAUSE
20.01 Whenever a material, article or piece of equipment is identified in the Contract
Documents including drawings (plans) and specifications by reference to manufacturers'
or vendors' names, trade names, catalog numbers, or otherwise, it is intended merely to
establish a standard, and, unless it is followed by words indicating that "no substitution
is permitted," any material, article, or equipment of other manufacturers and vendors
which will perform or serve the requirements of the general design will be considered
equally acceptable provided the material, article or equipment so proposed is, in the
opinion of the Contract Administrator:
20,01.01 At least equal in quality, durability, appearance, strength and design;
20.01.02 Performs at least equally the function imposed in the general design for the
Project;
20,01.03 Conforms substantially, even with deviations, to the detailed requirements for
the items as indicated by the Plans and Specifications; and
20.01,04 Carries the same guaranty or warranty of the specified equipment.
All substitution requests will be made via written request which shall be attached to a
shop drawing and/or Change Order which shall be attached to a detailed description of
the specified item and a detailed description of the proposed substitution. A comparison
letter itemizing all deviations from specified items must be included for the Contract
Administrator to properly evaluate substitution, Failure to provide the deviation
comparison sheet shall automatically deny the request.
Any changes, inclusive of design changes, made necessary to accommodate
substituted equipment under this paragraph shall be at the expense of DESIGN/BUILD
FIRM or subcontractor responsible for the work item.
BID NO: 36-05/06 CITY OF MIAMI BEACH
DATE: 06/23/06 23
20.02 Contract Administrator's written consent will be required as to acceptability, and
no substitute will be ordered, installed or utilized without Contract Administrator's prior
written acceptance which will be evidenced by either a Change Order or an accepted
shop drawing. CITY may require DESIGN/BUILD FIRM to furnish at DESIGN/BUILD
FIRM'S expense a speGii::1 performance guarantee or other surety with respect to any
substitute.
ARTICLE 21 PLANS AND SPECIFICATIONS
CITY, through its Contract Administrator, shall have the right to require DESIGN/BUILD
FIRM to modify the details of these drawings (plans) and specifications, to supplement
said plans with additional plans, drawings or additional information as the Project
proceeds which are within the specific intent and stated scope of the Project and which
do not cause increase in Contract Price or Contract time, all of which shall be
considered as part of the Contract Documents at no additions! cost to the CITY. All
plans, general and detail, are to be deemed a part of this Agreement, and the plans and
specifications and Agreement are to be considered together, and are intended to be
mutually complementary, so that any work shown on the plans, though not specified in
the specifications, and any work specified in the specifications though not shown on the
plans, is to be executed by DESIGN/BUILD FIRM as part of this Agreement. Figured
dimensions are to prevail over scale. All things which in the opinion of the Contract
Administrator may reasonably be inferred from the Agreement and plans as developed
by DESIGN/BUILD FIRM and approved by CITY are to be executed by DESIGN/BUILD
FIRM under the terms of the Agreement; and the Contract Administrator shall determine
whether the detail plans conform to the Contract Documents, except as may be
otherwise determined by the Contract Administrator. In the event the work requested
under this section expands the scope of the Project, DESIGN/BUILD FIRM may seek a
Change Order pursuant to Article 37.
ARTICLE 22 DESIGN/BUILD FIRM TO CHECK DRAWINGS AND DATA
DESIGN/BUILD FIRM shall take measurements and verify all dimensions, conditions,
quantities and details shown on the drawings, schedules, or other data. Failure to
discover or correct errors, conflicts or discrepancies shall not relieve DESIGN/BUILD
FIRM of full responsibility for unsatisfactory work, faulty construction, or improper
operation resulting therefrom nor from rectifying such condition at DESIGN/BUILD
FIRM'S own expense. DESIGN/BUILD FIRM will not be allowed to take advantage of
any error or omissions.
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
24
ARTICLE 23 WARRANTY
DESIGN/BUILD FIRM warrants to CITY that all materials and equipment furnished for
the Project will be new unless otherwise specified and that all work for the Project will
be of good quality, free from faults and defects and in conformance with the Contract
Documents. The standard of quality shall be at least that employed by similarly qualified
Design/Build Firms that are duly qualified and licensed to perform similar projects, All
work for the Project not conforming to these requirements, including substitutions not
properly approved and authorized, may be considered defective. If materials or
equipment is improperly stored and becomes altered as a result of such improper
storage, DESIGN/BUILD FIRM shall replace said materials with new materials at no
additional cost. DESIGN/BUILD FIRM shall be responsible for proper storage and
safeguarding of all materials, If required by the Contract Administrator, DESIGN/BUILD
FIRM shall furnish satisfactory evidence as to the kind and quality of materials and
equipment. The warranty requirements set forth in the Contract Documents as herein
defined shall govem warranty terms and conditions for all warranty items expressed or
implied. The DESIGN/BUILD FIRM'S warranty period under this Article shall be one (1)
year from the date of Substantial Completion of each portion of the Project. However,
this section shall not abridge the times or impede the rights and remedies afforded the
CITY against other entities or persons under the Contract Documents, or by law.
ARTICLE 24 SUPPLEMENTARY DRAWINGS
24.01 When, in the opinion of DESIGN/BUILD FIRM and/or CITY, it becomes
necessary to explain more fully the work to be done, or to illustrate the Project further to
show any changes which may be required, supplementary drawings, with specifications
pertaining thereto, will be prepared by the Consultant and submitted by DESIGN/BUILD
FIRM to the Contract Administrator for review and written acceptance.
24.02 The authorized supplementary drawings shall be binding upon DESIGN/BUILD
FIRM with the same force as the Contract Documents. Where such supplementary
drawings require either less or more than the estimated quantities of work, appropriate
adjustments shall be made pursuant to Change Order.
ARTICLE 25 DELIVERY AND STORAGE OF MATERIALS AND PARTIAL PAYMENT
THEREFOR
25.01 The CITY shall not be responsible for any payment and/or reimbursement for
stored materials, either on or off site, except unless approved in writing by the CITY,
following the DESIGN/BUILD FIRM's written request.
ARTICLE 26 GENERAL WORKMANSHIP
26.01 Articles, materials, and equipment specified or shown on drawings shall be new
and shall be applied, installed, connected, erected, used, cleaned. and conditioned for
proper forming, as per the manufacturer's directions. DESIGN/BUILD FIRM shall, if
BID NO: 36-05/06 CITY OF MIAMI BEACH
DATE: 06/23/06 25
required, furnish satisfactory evidence as to kind and quality of the materials. Should
materials arrive to the jobsite new and be improperly stored and deteriorate from new
condition, the materials shall be replaced at no additional cost to CITY.
26.02 DESIGN/BUILD FIRM shall apply, install, connect, and erect manufactured items
or materials according to recommendations of manufacturer when such
recommendations are not in conflict with the Contract Documents. If there is conflict
between manufacturer recommendations and the Construction Documents, Contract
Administrator shall be notified and participate in the corrective actions.
ARTICLE 27 DEFECTIVE WORK
27.01 Contract Administrator shall have the authority to reject or disapprove work for
the Project which Contract Administrator finds to be defective, Defective work is defined
as work not in accordance with the Contract Documents, in violation of code, installed in
violation of the manufacturer's written instructions where the installation has caused
new materials to be detrimentally affected where the life expectancy of the material
installed is reduced, or otherwise installed in a non-worklike manner. If required by
Contract Administrator, DESIGN/BUILD FIRM shall promptly either, as directed, correct
all defective work or remove it from the Project site and replace it with non-defective
work, DESIGN/BUILD FIRM shall bear all costs of such removal or correction.
27.02 If, within one (1) year after Substantial Completion, any work is found to be
defective or not in accordance with the Contract Documents, DESIGN/BUILD FIRM
shall correct it promptly without cost to CITY, after receipt of written notice from CITY to
do so unless CITY has given DESIGN/BUILD FIRM a Written acceptance of such
conditions. Nothing contained herein shall be construed to establish a period of
limitation with respect to any other obligation which DESIGN/BUILD FIRM might have
under the applicable state law,
27.03 Should DESIGN/BUILD FIRM fail or refuse to remove or correct any defective
work performed for the Project or to make any necessary repairs in an acceptable
manner and in accordance with the requirements of this Agreement within a reasonable
time, indicated in writing, CITY shall have the authority to cause the unacceptable or
defective work to be removed or corrected, or make such repairs as may be necessary
to be made at DESIGN/BUILD FIRM'S expense. Any expense incurred by CITY in
making these removals, corrections or repairs, which DESIGN/BUILD FIRM has failed
or refused to make shall be paid for out of any monies due or which may become due to
DESIGN/BUILD FIRM, or may be charged against the bond or guaranty, Continued
failure or refusal on the part of DESIGN/BUILD FIRM to make any or all necessary
repairs promptly, fully, and in acceptable manner shall be sufficient cause for CITY to
declare this Agreement forfeited, in which case CITY, at its option, may purchase
materials, tools, and equipment and employ labor or may contract with any other
individual, firm or corporation, or may proceed with its own forces to perform the work.
All costs and expenses incurred thereby shall be charged against the defaulting
DESIGN/BUILD FIRM; and the amount thereof deducted from any monies due, or which
BID NO: 36-05/06 CITY OF MIAMI BEACH
DATE: 06/23/06 26
may become due to DESIGN/BUILD FIRM, or shall be charged against the bond or
guaranty. Any special work performed, as described herein, shall not relieve
DESIGN/BUILD FIRM in any way from his responsibility for the work performed by it.
27.04 Failure to reject any defective work or material shall not in any way prevent later
rejection when such defect is discovered or obligate Cny to final acceptance.
ARTICLE 28 SUBCONTRACTS
DESIGN/BUILD FIRM shall, at such times as DESIGN/BUILD FIRM decides which
subcontractors will perform the various portions of the work, promptly notify the Contract
Administrator in writing of the names of subcontractors for the Project and identify the
portion of the work for the Project each will perform. DESIGN/BUILD FIRM shall have a
continuing obligation to notify the Contract Administrator of any change in
subcontractors. Notification of the names of subcontractors shall not relieve
DESIGN/BUILD FIRM from the prime responsibility of full and complete satisfactory
performance of all contractual obligations.
ARTICLE 29 SEPARATE CONTRACTS
29.01 CITY reserves the right to let other contracts in connection with this Project,
provided it does not interfere with DESIGN/BUILD FIRM'S work or schedule.
DESIGN/BUILD FIRM shall afford other contractors reasonable opportunity for the
introduction and storage of their materials and the execution of their work and shall
property connect and coordinate this work with them subject to provision of acceptable
insurance coverage, including DESIGN/BUILD FIRM and Contractor, as an additional
insured, CITY will request that its separate contractors coordinate their activities With
the work of the DESIGN/BUILD FIRM.
29.02 If any part of DESIGN/BUILD FIRM'S work depends for proper execution or
results upon the work of any other contractor or the CITY, DESIGN/BUILD FIRM shall
inspect and promptly report to the Contract Administrator any defects in such work that
render it unsuitable for such proper execution and results. DESIGN/BUILD FIRM'S
failure to so inspect and report shall constitute an acceptance of the other contractor's
work as fit and proper for the reception of DESIGN/BUILD FIRM'S work, except as to
defects which may develop in other contractor's work after the execution of
DESIGN/BUILD FIRM'S work. However, DESIGN/BUILD FIRM shall not be responsible
or liable to CITY for any work performed by any other separate contractor not under the
auspices or control of DESIGN/BUILD FIRM.
29.03 To insure the proper execution of its subsequent work, DESIGN/BUILD FIRM
shall inspect the work already in place and shall at once report to the Contract
Administrator any discrepancy between the executed work and the requirements of the
Contract Documents.
ARTICLE 30 USE OF COMPLETED PORTIONS
BID NO: 36-05/06 CITY OF MIAMI BEACH
DATE: 06/23106 27
30.01 Following substantial completion of each portion of the Project, CITY shall have
the right to take possession of for maintenance and/or for use of any completed or
partially completed portions of the Project; however, prior to any possession, a punch
list will be issued for the area to be occupied. Such possession and use shall not be
deemed an acceptance of any work not completed in accordance with the Contract
Documents. If such possession or use delays the Project, DESIGN/BUILD FIRM may
be entitled to a reasonable extension of time and/or an increase in the Contract Sum, as
determined by Contract Administrator.
30.02 In the event CITY takes possession, the following shall occur:
30,02.01 CITY shall give notice to DESIGN/BUILD FIRM at least thirty (30) calendar
days in advance on intent to occupy a designated area.
30.02.02 DESIGN/BUILD FIRM shall bring the designated area to point of Substantial
Completion, When DESIGN/BUILD FIRM considers that the designated area of the
Project is substantially complete, DESIGN/BUILD FIRM shall so notify the Contract
Administrator in writing and shall prepare for submission to the Contract Administrator a
list of items to be completed or corrected. The failure to include any items on such list
does not alter the responsibility of DESIGN/BUILD FIRM to complete work on the
designated area in accordance with the Contract Documents. The Contract
Administrator shall conduct an inspection to determine that the designated portion of the
Project is substantially complete. The Contract Administrator will then instruct
DESIGN/BUILD FIRM to deliver to CITY a Certificate of Occupancy pertinent to the
designated portion, which Certificate of Occupancy shall be issued by the appropriate
authority having jurisdiction over the Project. The Contract Administrator and
DESIGN/BUILD FIRM shall agree on the time within which DESIGN/BUILD FIRM shall
complete the items listed.
30.02.03 Upon issuance and acceptance of Certificate of Substantial Completion, CITY
will assume full responsibility for maintenance, utilities, subsequent damages of CITY
and public, adjustment of insurance coverage's and start of warranty for occupied area.
DESIGN/BUILD FIRM shall remain responsible for all items listed to be completed or
corrected as submitted to Contract Administrator as required in Substantial Completion
process.
30.02.04 If CITY finds it necessary to occupy or use a portion or portions of the Project
prior to Substantial Completion thereof, such occupancy or use shall not commence
prior to a time mutually agreed upon by CITY and DESIGN/BUILD FIRM and to which
the insurance company or companies providing the property insurance have consented
by endorsement to the policy or policies. This insurance shall not be canceled or lapsed
on account of such partial occupancy or use. Consent of DESIGN/BUILD FIRM and of
the insurance company or companies to such occupancy or use shall not be
unreasonably withheld.
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
28
ARTICLE 31 CONSTRUCTION AREA
31.01 DESIGN/BUILD FIRM shall use areas approved by the Contract Administrator for
deliveries and personnel. Contract limits of construction area are indicated on the
concept drawings as issued by the Contract Administrator, Equipment, material and
personnel shall be in conformance with this Contract.
31.02 To provide for maximum safety and security, DESIGN/BUILD FIRM shall erect
and maintain all necessary barricades, and any other temporary walls and structures as
required, and boarding or fencing to protect life and property during the period of
construction.
ARTICLE 32 LANDS FOR WORK
CITY shall provide as indicated in the Contract Documents, the lands upon which the
Project is to be performed, rights-of-way and easements for access thereto and such
other lands as are designated for the use of DESIGN/BUIl.D FIRM. No claim for
damages or other claim other than for an extension of time shall be made or asserted
against CITY by reason of any delay arising as a result of any failure of CITY to provide
such lands on the date needed by DESIGN/BUILD FIRM. The provisions of Article 40
shall apply herein.
ARTICLE 33 LEGAL RESTRICTIONS AND TRAFFIC PROVISIONS
DESIGN/BUILD FIRM shall conform to all applicable laws, regulations, or ordinances
with regard to labor employed, hours of work and DESIGN/BUILD FIRM'S general
operations. DESIGN/BUILD FIRM shall also conduct its operations so as not to close
any thoroughfare, nor interfere in any way with traffic on railway, highways, or water,
without the written consent of the proper authorities.
ARTICLE 34 DAMAGE TO EXISTING FACILITIES, EQUIPMENT OR UTILITIES
34.01 Existing utilities have been shown in the Contract Documents insofar as
information is reasonably available; however, it will be DESIGN/BUILD FIRM'S
responsibility to verify such information and to preserve all existing utilities whether
shown in the Contract Documents or not. If utility conflicts are encountered by
DESIGN/BUILD FIRM during construction, DESIGN/BUILD FIRM shall give sufficient
notice to the owners of the utilities so that they may make the necessary adjustments.
34.02 DESIGN/BUILD FIRM shall exercise care and take all precautions during
excavation and construction operations to prevent damage to any existing facilities,
equipment, or utilities. Any damage caused by DESIGN/BUILD FIRM shall be reported
immediately to the Contract Administrator and such work shall be repaired and/or
replaced by DESIGN/BUILD FIRM in a manner approved by CITY, All costs to repair
and/or replace any damage to existing facilities, equipment, or utilities, as shown on
documents issued under Article 4 herein shall be the sole responsibility of
DESIGN/BUILD FIRM, and such repair or replacement shall be performed expeditiously
BID NO: 36-05/06 CITY OF MIAMI BEACH
DATE: 06/23/06 29
without cost to CITY.
34.03 DESIGN/BUILD FIRM shall provide that type of required protection for finished
work at all times and protect adjacent work during cleaning operations, and make good
any damage resulting from neglect of this precaution:
34.04 Protection of work shall include protecting of work that is factory finished, during
transportation, storage, during and after installation. Where applicable and as required,
DESIGN/BUILD FIRM shall close off spaces of areas where certain work has been
completed to protect it from any damages caused by others during their operations.
34.05 DESIGN/BUILD FIRM shall store materials and shall be responsible for and shall
maintain partly or wholly finished work during the continuance of the contract and until
the final acceptance of the structure, If any materials or part of the work should be lost,
damaged, or destroyed by any cause or means whatsoever, the DESIGN/BUILD FIRM
shall satisfactorily repair and replace the same at DESIGN/BUILD FIRM'S own cost.
The DESIGN/BUILD FIRM shall maintain suitable and. sufficient guards, if necessary,
and barriers, and at night, suitable and sufficient lighting for the prevention of accidents.
The determination of necessity will be made by the Contract Administrator.
34.06 To all applicable sections where preparatory work is part of work thereon,
DESIGN/BUILD FIRM shall carefully examine surfaces over which finished work is to be
installed, laid or applied, before commencing with the work. DESIGN/BUILD FIRM shall
not proceed with said work until defective surfaces on which work is to be applied are
corrected satisfactorily to the Contract Administrator. Commencement of work shall be
considered acceptance of surfaces and conditions.
34.07 It will be the DESIGN/BUILD FIRM'S responsibility to preserve all existing utilities
within the Project limits or as otherwise effected by DESIGN/BUILD FIRM. If utility
conflicts are encountered by the DESIGN/BUILD FIRM during construction, sufficient
notice shall be given to their owners so that they may make the necessary adjustments.
Damage to any utilities, which in the opinion of the CITY is caused by negligence on the
part of the DESIGN/BUILD FIRM, shall be repaired at the DESIGN/BUILD FIRM'S
expense,
ARTICLE 35 CONTINUING THE WORK
DESIGN/BUILD FIRM shall carry on the Project and adhere to the progress schedule
during all disputes or disagreements with CITY. No work shall be delayed or postponed
pending resolution of any disputes or disagreements. The provisions of this Article shall
be subject to all other applicable provisions of this Agreement.
ARTICLE 36 FIELD ORDERS AND SUPPLEMENTAL INSTRUCTIONS
36.01 The Contract Administrator shall have the right to approve and issue Field Orders
setting forth written interpretations of the intent of the Contract Documents to
BID NO: 36-05/06 CITY OF MIAMI BEACH
DATE: 06/23/06 30
Construction Manager and ordering minor changes in contract execution, providing the
Field Order involves no change in the total cost of the Project or the time of
performance.
36.02 The Contract Administrator shall have the right to approve and issue to
Construction Manager supplemental instructions to Construction Manager setting forth
written orders, instructions, or interpretations concerning the Agreement or its
performance, provided they make no major changes in Contract execution and involve
no change in the total cost of the Project or the time of performance.
ARTICLE 37 CHANGE ORDERS (CHANGES IN QUANTITIES OF WORK)
37,01 Changes in the quantity or character of work within the scope of this Project
which are not properly the subject of Field Orders or supplemental instructions, to
include all changes resulting in changes in the total cost of the Project or the time of
performance, shall be authorized only by Change Orders issued by the Program
Manager and approval by the Contract Administrator.
37.02 DESIGN/BUILD FIRM shall not start work on any alteration requiring an increase
in price or extension of time for completion until a Change Order setting forth the
adjustments is approved by the Contract Administrator, except for the provisions of
. Section 37,03, which governs disputed Change Order items.
37.03 In the event satisfactory adjustment cannot be reached for any item requiring a
Change Order, CITY reserves the right, at its own option, to either terminate the
Agreement as it applies solely to the items in question and make such arrangements as
may be deemed necessary to complete the item in question, or submit the matter in
dispute to the Contract Administrator for resolution as set forth in Article 11 herein.
During the pendency of the dispute resolution, DESIGN/BUILD FIRM shall proceed with
the work set forth within the Change Order on a time and materials basis, which
DESIGN/BUILD FIRM shall adequately document pending final resolution of such
dispute(s).
37.04 On approval of any Change Order increasing the price, DESIGN/BUILD FIRM
shall ensure that the applicable Performance and Payment Bonds and Guarantees, to
the extent applicable under the provisions of Article 50 hereof, are each increased so
that it reflects the total amount of the Project as increased.
37.05 Proposed Change Orders shall be prepared by the Project Manager on forms
provided by the Contract Administrator. When submitted for approval, they shall carry
the signature of the Contract Administrator and the Project Manager.
ARTICLE 38 VALUE OF CHANGE ORDER WORK
38.01 The value of any work covered by a Change Order or of any claim for an
increase or decrease in the Contract Sum shall be determined in one of the following
BID NO: 36-05/06 CITY OF MIAMI BEACH
DATE: 06/23/06 31
ways:
38.01.01 Where the work involved is covered by unit prices contained in the Contract
Documents, by application of unit prices to the quantities of items involved, subject to
the provisions of Article 37 herein.
38.01.02 By mutual acceptance of a lump sum which includes a DESIGN/BUILD
FIRM'S fee for overhead and profit and includes any Design, Contractor and
subcontractor fees.
38,01.03 On the basis of the "cost of the work," determined as provided in Sections
38.02 and 38,03, plus a DESIGN/BUILD FIRM'S fee and a Contractor fee for overhead
and profit which is determined as provided in Section 38.4 of this Agreement.
38.02 The term "cost of work" means the sum of all costs necessarily incurred and paid
by DESIGN/BUILD FIRM in the proper performance of the Project. Except as otherwise
may be agreed to in writing by the Contract Administrator, such costs shall be in
amounts no higher than those prevailing in the locality of the Project, shall include only
the following items and shall not include any other costs whatsoever.
38.02.01 Payroll costs for employees in the direct employ of DESIGN/BUILD FIRM in
the performance of the Project under schedules of job classifications agreed upon by
the Contract Administrator and DESIGN/BUILD FIRM. This may include additional costs
for on-site project manager, project engineer, project superintendent, and assistant
project superintendent, as related to the Change Order work. Payroll costs for
employees not employed full time on the Project shall be apportioned on the basis of
their time spent on the Project. Payroll costs shall include, but not be limited to, s...laries
and wages plus the cost of fringe benefits which shall include social security
contributions, unemployment, excise and payroll taxes, workers' compensation, health
and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable
thereto. Such employees shall include superintendents and forepersons at the Project
site, The expenses of performing the work after regular working hours, on Sunday or
legal holidays, shall be included in the above to the extent authorized by the Contract
Administrator. Insurance and benefits will be based on single time.
38.02.02 Costs of all materials and equipment furnished and incorporated in the Project,
including costs of transportation and storage thereof, and manufacturers' field services
required in connection therewith. All cash discounts shall accrue to DESIGN/BUILD
FIRM unless CITY deposits funds with DESIGN/BUILD FIRM with which to make
payments, in which case the cash discounts shall accrue to CITY. All trade discounts,
rebates and refunds, and all returns from sale of surplus materials and equipment shall
accrue to CITY, and DESIGN/BUILD FIRM shall make provisions so that they may be
obtained.
38.02.03 Payments made by
performed by subcontractors.
BID NO: 36-05/06
DATE: 06/23/06
DESIGN/BUILD FIRM to subcontractors for work
The term subcontractor shall include architects and
CITY OF MIAMI BEACH
32
engineers employed for services specifically related to the Project. If required by the
Contract Administrator, DESIGN/BUILD FIRM shall obtain competitive bids from
subcontractors acceptable to DESIGN/BUILD FIRM and shall deliver such bids to CITY
who will then determine which bids will be accepted. If the subcontract provides that the
subcontractor is to be paid on the basis of cost of the work plus a fee, the
subcontractor's cost of the work shall be determined in the same manner as
DESIGN/BUILD FIRM'S cost of the work. Whenever a subcontractor is involved, a
complete and separate breakdown must be submitted by the subcontractor for its
portion of work, All subcontractors shall be subject to the other provisions of the
Contract Documents insofar as applicable,
38.02.04 Costs of special consultants, including, but not limited to, testing laboratories,
surveyors, lawyers and accountants, employed for services specifically related to the
Project.
38.02.05 Supplemental costs including the following:
38.02.05.01 Cost, including transportation and maintenance, of all materials,
supplies, equipment, machinery, appliances, office and temporary facilities at the site
and hand tools not owned by the workers, which are consumed in the performance of
the Project, and cost less market value of such items used but not consumed which
remain the property of DESIGN/BUILD FIRM,
38.02.05,02 Rentals of all construction equipment and machinery and the parts
thereof whether rented from DESIGN/BUILD FIRM or others in accordance with rental
agreements approved by the Contract Administrator and the costs of transportation,
loading, unloading, installation, dismantling and removal thereof, all in accordance with
the terms of said agreements. The rental of any such equipment, machinery or parts
shall cease when the use thereof is no longer necessary for the Project. Late charges,
penalties, restocking charges and similar assessments in said agreements will not be
recognized by the CITY as a supplemental cost, unless such charges were incurred and
actually assessed against the DESIGN/BUILD FIRM due to performance of the work at
the request of the Contract Administrator.
38.02.05,03 Sales, use, or similar taxes related to the Project, and for which
DESIGN/BUILD FIRM is liable, imposed by any governmental authority.
38.02.05.04 Deposits lost for causes other than DESIGN/BUILD FIRM'S negligence,
royalty payments and fees for permits and licenses.
38.02.05.05 The cost of utilities, fuel and sanitary facilities at the site.
38.02.05.06 Minor expenses such as telegrams, long distance telephone calls,
telephone service at the site, express postage and similar petty cash items in
connection with the Project.
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
33
38.02.05.07 Cost of premiums for additional bonds and insurance required because
of changes in the Project.
38.03 The term "cost of the work" shall not include any of the following:
38.03.01 Payroll costs and other compensation of DESIGN/BUILD FIRM'S officers,
executives, principals (of partnership and sole proprietorships), general managers,
estimators, lawyers, auditors, accountants, purchasing and contracting agents,
expediters, timekeepers, clerks and other personnel employed by DESIGN/BUILD FIRM
whether at the Project site or in DESIGN/BUILD FIRM'S principal or branch office for
general administration of the Project and not specifically included in the agreed-upon
schedule of job classifications referred to in Section 38.02.01 all of which are to be
considered administrative costs covered by DESIGN/BUILD FIRM'S fee.
38,03.02 Expenses of DESIGN/BUILD FIRM'S principal and branch offices other than
DESIGN/BUILD FIRM'S office at the Project site.
38,03.03 Any part of DESIGN/BUILD FIRM'S capital expenses, including interest on
DESIGN/BUILD FIRM'S capital employed for the Project and charged against
DESIGN/BUILD FIRM for delinquent payments.
38.03.04 Cost of premiums for all bonds and for all insurance whether or not
DESIGN/BUILD FIRM is required by the Contract Documents to purchase and maintain
the same, except for additional bonds and insurance required because of changes in
the Project.
38.03.05 Costs due to the negligence of DESIGN/BUILD FIRM, any subcontractors, any
consultants of DESIGN/BUILD FIRM, or anyone directly or indirectly employed py any
of them or for whose acts any of them may be liable, including but not limited to, the
correction of defective or nonconforming work, disposal of materials or equipment
wrongly supplied and making good any damage to property.
38,03.06 Other overhead or general expense costs of any kind and the cost of any item
not specifically and expressly included in Section 38.02.
38.04 DESIGN/BUILD FIRM'S fee allowed to DESIGN/BUILD FIRM for overhead and
profit shall be determined as follows:
38.04.01 A mutually acceptable fixed fee which shall not exceed percentages set forth
below; or if none can be agreed upon,
38.04.02 A fee based on the following percentages of the various portions of the cost of
the work:
38.04.02.01 For costs incurred under Sections 38.02, 38.02.01 and 38.02.02,
DESIGN/BUILD FIRM'S fees shall not exceed ten percent (10%).
BID NO: 36-05/06 CITY OF MIAMI BEACH
DATE: 06/23106 34
~.
38.04.02,02 For costs incurred under Sections 38.02.03 or 38.02.04, DESIGN/BUILD
FIRM'S fee shall not exceed five percent (5%); and if a subcontract is on the basis of
cost of the work plus a fee, the maximum allowable to the subcontractor as a fee for
overhead and profit shall not exceed ten percent (10%); and
38.04. 02.03 No fee shall be payable on the basis of costs itemized under Sections
38.02.05 and 38.03.
38.05 The amount of credit to be allowed by DESIGN/BUILD FIRM to CITY for any
such change which results in a net decrease in cost will be the amount of the actual net
decrease. When both additions and credits are involved in anyone change, the
combined overhead and profit shall be figured on the basis of the net increase, if any.
38.06 Whenever the cost of any work is to be determined pursuant to Sections 38.01
through 38.03, DESIGN/BUIl.D FIRM will submit in a form acceptable to the Contract
Administrator an itemized cost breakdown together with the supporting data.
38.07 Where the quantity of work with respect to any item that is covered by a unit price
is increased or decreased by more than twenty percent (20%) from the quantity of such
work indicated in the Contract Documents, an appropriate Change Order may be issued
to adjust the unit price, if warranted.
38.08 Whenever a change in the work is to be based on mutual acceptance of a lump
sum, whether the amount is an addition, credit or no-change-in-cost, DESIGN/BUILD
FIRM shall promptly submit to the Contract Administrator an estimate substantiated by a
complete itemized breakdown.
38.08.01 Breakdown shall list quantities and unit prices for materials, labor, equipment
and other items of cost.
38.08.02 Whenever a change involves DESIGN/BUILD FIRM and one or more
subcontractors or consultants and the change is an increase in the Contract Price
overhead and profit percentages for DESIGN/BUILD FIRM and each subcontractor or
consultant shall be itemized separately.
38.09 Each Change Order must state within the body of the Change Order whether it is
based upon unit price, negotiated lump sum, or "cost of work."
ARTICLE 39 CHANGE OF CONTRACT TIME OR CONTRACT PRICE
39.01 The Contract time set forth in Article 6 or the Contract Sum to be paid to
DESIGN/BUILD FIRM may only be changed by a Change Order. Any claim for an
extension of the Contract time or for an increase in the fee to be paid to DESIGN/BUILD
FIRM shall be based on written notice delivered by the party making the claim to the
Contract Administrator promptly (but in no event later than seven (7) business days
BID NO: 36-05/06 CITY OF MIAMI BEACH
DATE: 06/23106 35
after the occurrence of the event giving rise to the claim and stating the general nature
of the claim), Notice of the extent of the claim with supporting data shall be delivered
within twenty-one (21) calendar days after such occurrence (unless Contract
Administrator allows, in writing, an additional period of time to ascertain more accurate
data in support of the claim) and shall be accompanied by the claimant's written
statement that the adjustment claimed is the entire adjustment to which the claimant
has reason to believe it is entitled as a result of the occurrence of said event. All claims
for adjustment in the Contract time or for an increase in the Contract price to be paid to
DESIGN/BUILD FIRM shall be decided by the Contract Administrator in accordance
with Article 11. No claim for an adjustment in the Contract time or for an increase in the
fee to be paid to DESIGN/BUILD FIRM will be valid if not submitted in strict accordance
with the requirements of this Article.
, ,~
".,1
39.02 The Contract time will be extended in an amount equal to time lost due to days
beyond the control of and through no fault or negligence of DESIGN/BUILD FIRM if a
claim is made therefore as provided herein. Such delays shall include, but not be limited
to, acts or neglect by CITY, or by any employee of CITY, or any separate contractor or
consultant employed by CITY, fires, floods, labor disputes, epidemics. abnormal
weather conditions or acts of God.
39.03 The DESIGN/BUILD FIRM shall provide. within the Project schedule, rain day
allotment for this project.
ARTICLE 40 NO DAMAGES FOR DELAY
NO CLAIM FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN.EXTENSION OF
TIME. SHALL BE MADE OR ASSERTED AGAINST CITY BY REASON OF ANY
DELAYS. DESIGN/BUILD FIRM shall not be entitled to an increase in the Contract
. . Sum or payment or compensation . of any kind from CITY for direct, . indirect,
consequential, impact or other costs, expenses or damages, including, but not limited
to, costs of acceleration or inefficiency, arising because of delay, disruption, interference
or hindrance from any cause whatsoever, whether such delay, disruption, interference
or hindrance be reasonable. or unreasonable, foreseeable or unforeseeable, or
avoidable or unavoidable, provided, DESIGN/BUILD FIRM hindrances or delays due
solely to fraud, bad faith or active interference on the part of CITY or its agents,
Otherwise, DESIGN/BUILD FIRM shall be entitled only to extensions of the Contract
time as the sole and exclusive remedy for such resulting delays, in accordance with and
to the extent specifically provided above. The specific application of this Article to other
provisions of this Agreement shall not be construed as a limitation of any sort upon the
further application of this Article. Ten Dollars ($10.00) of DESIGN/BUILD FIRM'S fee is
acknowledged as separate and independent consideration for the covenants contained
in this Article,
ARTICLE 41 SUBSTANTIAL COMPLETION
When DESIGN/BUILD FIRM considers that the Project, or a designated portion thereof,
which is acceptable to CITY, is substantially complete, DESIGN/BUILD FIRM shall so
BID NO: 36-05/06 CITY OF MIAMI BEACH
DATE: 06/23/06 36
notify the Contract Administrator in writing and shall prepare for submission to the
Contract Administrator a thorough list of items to be completed or corrected, together
with a schedule for completion of all items. The failure to include any items on such list
does not alter the responsibility of DESIGN/BUILD FIRM to complete all work in
accordance with the Contract Documents. The Contract Administrator, Project Manager
and other specialty engineers shall conduct a joint inspection to determine that the
Project or designated portion thereof is substantially complete. The Contract
Administrator will then instruct DESIGN/BUILD FIRM to prepare and deliver to the
Contract Administrator a Certificate of Substantial Completion which shall establish the
date of Substantial Completion for that portion of the Project. After review of the
Certificate by the Contract Administrator, CITY shall either accept or reject the
Certificate. Acceptance of Substantial Completion by CITY and its Contract
Administrator shall be based upon compliance with the Contract Documents and
applicable codes, laws, rules, and regulations having jurisdiction over this Project.
DESIGN/BUILD FIRM shall have ninety (90) days to complete the items listed therein.
Warranties required by the Contract Documents and submitted in appropriate form to
the Contract Administrator along with the request for Substantial Completion shall
commence on the date of Substantial Completion of that portion of the Project. The
Certificate of Substantial Completion shall be submitted to CITY through the Contract
Administrator and DESIGN/BUILD FIRM for their written acceptance of the
responsibilities assigned to them in such Certificate.
ARTICLE 42 SHOP DRAWINGS AND SCHEDULE OF VALUES
42.01 DESIGN/BUILD FIRM shall submit Shop Drawings for all equipment, apparatus,
machineiY, fixtures, piping, wiring, fabricated structures and manufactured articles. The
purpose of a Shop Drawing is to shoW the suitability, efficiency, technique of
manufacture, installation requirements, details of the item and evidence of its
compliance or noncompliance with the Contract Documents.
42.02 DESIGN/BUILD FIRM shall submit to the Contract Administrator within thirty (30)
calendar days following the application for a building permit a complete list of
preliminary data on items for which Shop Drawings are to be submitted. Approval of this
list by the Contract Administrator shall in no way relieve DESIGN/BUILD FIRM from
submitting complete Shop Drawings and providing materials, equipment, etc., fully in
accordance with the Contract Documents. This procedure is required in order to
expedite final approval of Shop Drawings.
42.03 After the approval of the list of items required in Section 42.02, DESIGN/BUILD
FIRM shall promptly request Shop Drawings from the various manufacturers,
fabricators, and suppliers.
42.04 DESIGN/BUILD FIRM shall thoroughly review and check the Shop Drawings and
each and every copy shall show DESIGN/BUILD FIRM'S approval thereon.
42.05 If the Shop
BID NO: 36-05/06
DATE: 06/23106
Drawings show or indicate departures from the Contract
CITY OF MIAMI BEACH
37
requirements, DESIGN/BUILD FIRM shall make specific mention thereof in its shop
drawing submittal and a separate letter. Failure to point out such departures shall not
relieve DESIGN/BUILD FIRM from its responsibility to comply with the Contract
Documents, Contract Administrator shall determine acceptability of change and in
considering said change, may require data, technical comparisons, cost comparisons,
quality comparisons and/or calculations to determine the equality of deviations.
Contract Administrator is not obligated to accept deviations.
42.06 No work called for by Shop Drawings shall be done until the said Drawings have
been furnished to and accepted by the Contract Administrator or his Designee, Contract
Administrator shall respond to Shop Drawings pre-approved by Consultant with
objections or acceptance within ten (10) business days of receipt. Acceptance is for
design intent only and shall not relieve DESIGN/BUILD FIRM and Consultant from
responsibility for fit, form, function, quantity or for errors or omissions of any sort on the
Shop Drawings.
42.07 No acceptance will be given to partial submittal of Shop Drawings for items which
interconnect and/or are interdependent. It is DESIGN/BUILD FIRM'S responsibility to
assemble the Shop Drawings for all sllch interconnecting and/or independent items,
check them and then make one submittal to the Contract Administrator along with
DESIGN/BUILD FIRM'S comments as to compliance, noncompliance, or features
requiring special attention.
42.08 If catalog sheets or prints of manufacturers' standard drawings are submitted as
Shop Drawings, any additional information or changes on such drawings shall' be
typewritten or lettered in ink. Catalog sheet with multiple options shall be highlighted to
depict specific perti"ent data including options.
42,09 DESIGN/BUILD FIRM shall submit to Contract Administrator six (6) copies.
Resubmissions of Shop Drawings shall be made in the same quantity until final
acceptance is obtained.
42,10 Contract Administrator's acceptance of the Shop Drawings as approved by
DESIGN/BUILD FIRM will be for general compliance with the plans and specifications
design intent and shall not relieve DESIGN/BUILD FIRM of responsibility for the
accuracy of such Drawings, nor for the proper fittings and construction of the work, nor
for the furnishing of the materials or work required by the Contract and not indicated on
the Drawings.
42,11 DESIGN/BUILD FIRM shall keep one set of Shop Drawings marked with the
Contract Administrator's acceptance at the Project site at all times.
42.12 At least thirty (30) calendar days prior to the commencement of construction, the
DESIGN/BUILD FIRM shall submit a schedule of values to the Contract Administrator.
DESIGN/BUILD FIRM shall submit to the Contract Administrator a separate Schedule of
Values for demolition, abatement, and site work thirty (30) calendar days prior to
BID NO: 36-05/06 CITY OF MIAMI BEACH
DATE: 06/23106 38
commencing such portion of the work. The schedule will be typed on 8-1/2" x 11" white
paper listing: Title of project, location, project number, architect, contractor, contract
designation, and date of submission. The schedule shall list the installed value of the
component parts of the work in sufficient detail to serve as a basis for computing values
for progress payments during the construction. The table of contents of the
specifications shall establish the format for listing the component items. Each line item
will be identified by the number and title of the respective major section of the
specifications. For each line item, DESIGN/BUILD FIRM shall list the sub-values of
major products or operations under the item. Each item shall include the proportion of
DESIGN/BUILD FIRM'S overhead and profit. For any items for which progress
payments will be requested for stored materials, the value will be broken down with:
42.12.01 The cost of materials delivered, unloaded, properly stored and safeguarded,
with taxes paid; and
42.12.02The total installed value.
ARTICLE 4:~ FIELD ENGINEERING
4301 The DESIGN/BUILD FIRM shall provide and pay for field engineering services
required for the Project. This work shall include the following elements:
43.01,01
Survey work required in execution of the Project.
43,01.02 Civil, structural or other professional engineering services specified, or
required to execute the DESIGN/BUILD FIRM'S construction methods.
43.02 The survey completed by DESIGN/BUIL.D FIRM will identify the qualified
engineer or registered land surveyor, acceptable to the CITY, and he or she shall be
retained by the DESIGN/BUILD FIRM at the outset of this Project.
43.03 The survey will locate and protect control points prior to starting site work, and
wili preserve all permanent reference points during construction,
43.03.01 No changes or relocations will be made without prior written notice to the
Contract Administrator.
43.03.02 A report shall be made to the Contract Administrator when any reference point
is lost or destroyed, or requires relocation because of necessary changes in grades or
locations.
43.03.03 The surveyor shall be required to replace Project control points which may be
lost or destroyed. The surveyor shall be duly registered as a surveyor or mapper, as
required by state law.
43.03.04 Replacements shall be established based upon original survey control.
BID NO: 36-05/06 CITY OF MIAMI BEACH
DATE: 06/23/06 39
ARTICLE 44 FIELD LAYOUT OF THE WORK AND RECORD DRAWINGS
44.01 The entire responsibility for establishing and maintaining a line and grade in the
field lies with DESIGN/BUILD FIRM. DESIGN/BUILD FIRM shall maintain an accurate
and precise record of the location and elevation of all pipe lines, conduits, struC'tures,
underground utility access portals, handholds, fittings and the like and shall deliver
these records in good order to the Contract Administrator as the work is completed.
These records shall serve as a basis for "record" drawings. The cost of all such field
layout and recording work is included in the prices bid for the appropriate items.
44.02 DESIGN/BUILD FIRM shall maintain in a safe place at the site one record copy
of all Drawings (Plans), Specifications, Addenda, written amendments, Change Orders
and written interpretations and clarifications in good order and annotated to show all
changes made during construction. These record documents together with all approved
samples and a counterpart of all approved Shop Drawings will be available to Contract
Administrator for reference. Upon completion of the Project, these record documents,
samples and Shop Drawings shall be delivered to Contract Administrator.
44.03 At the completion of the Project, the DESIGN/BUILD FIRM shall tum over to the
CITY a set of reproducible drawings (Mylars) and a complete set of all drawings in the
latest version of the AutoCAD format on floppy disk not compressed which accurately
reflect the "as built" conditions of the new facility. All changes made to the construction
documents, either as clarifications or as changes, will be reflected in the plans, The
changes shall be submitted on Mylar at least monthly to the ContrGlct Administrator.
These "as built" drawings on Mylar and the latest version of the AutoCAD format media
must be delivered F.nd found to be acceptable prior to final payments.
ARTICLE 45 SAFETY AND PROTECTION
45.01 DESIGN/BUILD FIRM shall be responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the Project.
DESIGN/BUILD FIRM shall take all necessary precautions for the safety of, and shall
provide the necessary protection to prevent damage, injury or loss to:
45.01.01 All employees on the Project and other persons who may be affected thereby;
45.01.02 All the work and all materials or equipment to be incorporated therein, whether
in storage on or off the Project site; and
45.01.03 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.
45.02 DESIGN/BUILD FIRM shall comply with all applicable laws, ordinances, rules,
regulations and orders of any public body having jurisdiction for the safety of persons or
BID NO: 36-05/06 CITY OF MIAMI BEACH
DATE: 06/23/06 40
property or to protect them from damage, injury or loss; and shall erect and maintain all
necessary safeguards for such safety and protection. DESIGN/BUILD FIRM shall notify
owners of adjacent property and utilities when prosecution of the work may affect them.
All damage, injury or loss to any property referred to in Sections 45.01.02 and 45.01.03
above, caused directly or indirectly, in whole or in part, by DESIGN/BUILD FIRM, any
subcontractor or consultant or anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable, shall be remedied by DESIGN/BUILD
FIRM; however, DESIGN/BUILD FIRM shall not be liable for injury or damage caused
by CITY, its employees, consultants or its separate contractors. DESIGN/BUILD FIRM'S
duties and responsibilities for the safety and protection of the Project shall continue until
such time as all the Project is completed and the Contract Administrator has issued a
notice to DESIGN/BUILD FIRM that the Project is acceptable except as otherwise
provided in Article 30.
45.03 DESIGN/BUILD FIRM shall designate a responsible member of its organization
at the Project site whose duty shall be the prevontion of accidents. This person shall be
DESIGN/BUILD FIRM'S Project Representative unless otherwise desi9nated in writing
by DESIGN/BUILD FIRM to CITY.
ARTICLE 46 PAYMENT OF TESTS BY DESIGN/BUILD FIRM
Except when otherwise specified in the Contract Documents, the expense of all tests
and test reports shall be borne by DESIGN/BUILD FIRM,
ARTICLE 47 PROJECT SIGNAGE
Please refer to Section 01580 in the ConceptLal Specifications for Project Signage
information.
ARTICLE 48 CLEANING UP AND REMOVAL OF EQUIPMENT
48.01 DESIGN/BUILD FIRM shall at all times keep the Project site free from
accumulation of waste materials or rubbish caused by DESIGN/BUILD FIRM'S
operations. At the completion of the Project, DESIGN/BUILD FIRM shall remove all its
waste materials and rubbish from and about the Project as well as its tools, construction
equipment, machinery and surplus materials. If DESIGN/BUILD FIRM fails to properly
maintain the area of the Project, CITY may do so; and the cost thereof shall be charged
to DESIGN/BUILD FIRM,
48.02 CITY'S Right to Clean-Up
If a dispute arises between DESIGN/BUILD FIRM and separate contractors as to
responsibility for cleaning up, CITY may clean up and charge the cost thereof to the
contractors responsible therefore, as the Contract Administrator shall determine to be
just. This provision is solely for cleaning.
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
41
48.03 Removal of Equipment
In case of termination of this Agreement before completion for any cause whatever,
DESIGN/BUILD FIRM, if notified to do so by CITY, shall promptly remove any part or all
of DESIGN/BUILD FIRM'S equipment and supplies from the property of CITY, failing
which CITY shall have the right to remove such equipment and supplies at the expense
of DESIGN/BUILD FIRM.
ARTICLE 49
[Note: This Article is intentionally left blank]
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
42
ARTICLE 50 BONDS AND INSURANCE
DESIGN/BUILD FIRM shall furnish, or cause to be furnished, on or before fifteen (15)
days after execution of this Agreement, the following:
50.01 Performance Bond and Payment Bond (Surety):
50.01.01 A performance bond and payment bond of the form and containing all the
provisions attached hereto and made a part hereof, Payment and Performance bonds
may be in the form of dual obligee bonds from the General Contractor in the amount of
the contract between the DESIGN/BUILD FIRM and the General Contractor, naming the
CITY and DESIGN/BUILD FIRM as dual obligees. DESIGN/BUILD FIRM shall provide
payment and performance bonds in the remaining amount of the Contract Sum naming
the CITY as the obligee on those bonds.
50.01.02The Bonds shall be in the amount of one hundred percent (100%) of the
Contract amount guaranteeing to CITY the completion and performance of the Project
covered in this Agreement as well as full payment of all suppliers, material persons,
laborers, or subcontractors emploYtld pursuant to this Project. Such Bonds shall be with
a surety company which is qualified pursuant to Section 50.03,
50.01.03 Such Bonds shall continue in effect for one year after completion and
acceptance of the Project with liability equal to one hundred percent (100%) of the
Contract price, or an additional bond shall be conditioned that DESIGN/BUILD FIRM
will, upon notification by CITY, correct any defective or faulty work or materials which
appear within one year after completion of the Contract.
-OR-
50.02 Performance and Payment Guaranty:
50.02.01 In lieu of a performance bond and payment bond, DESIGN/BUILD FIRM may
furnish an alternate form of security which may be in the form of cash, money order,
certified check, cashiers check or irrevocable letter of credit. Such alternate forms of
security shall be for the same purpose and shall be subject to the same conditions as
those applicable above and shall be held by CITY for one year after completion and
acceptance of the Project.
50.03 Qualifications of Surety:
50.03.01 A separate performance bond and payment bond must be executed by a
surety company of recognized standing, authorized to do business in the state of Florida
as 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.
50.03.02 In addition to the above-minimum qualifications, the surety company must
BID NO: 36-05/06 CITY OF MIAMI BEACH
DATE: 06/23/06 43
meet at least one of the following additional qualifications:
50.03.02.01 The surety company shall hold a current certificate of authority as
acceptable surety on federal bonds in accordance with United States Department of
Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the
underwriting limitation set forth in the circular, in order to qualify, the net retention of the
surety company shall not exceed the underwriting limitation in the circular, and the
excess risks must be protected by coinsurance, reinsurance, or other methods in
accordance with Treasury Circular 297, revised September 1, 1978 (31 CFR Section
223.10 Section 223.111). Further, the surety company shall provide CITY with evidence
satisfactory to CITY, that such excess risk has been protected in an acceptable manner,
50.03,02.02 The surety company shall have at least the following minimum ratings in
the latest revision of Best's Insurance Report:
Size
Amount of Bond Ratings Category .
500,001 to 1,020,000
1,020,001 to 2,000,000
2,000,001 to 5,000,000
5,000,001 to 10, 000, 000
10,000,001 to 25,000,000
25,000,001 to 50,000,000
50,000,001 or more
B+
B+
A
A
A
A
A
Class I
Class II
Class III
Class IV
Class V
Class VI
Class VII
50.03.03 For projects which do not exceed Five Hundred Thousand Dollars
($500,000,00), CITY shall accept a Performance Bond and Payment Bond from a surety
company which has twice the minimum plus and capital required by the Florida
Insurance Code at the time the invitation to bid is issued, if the surety company is
otherwise in compliance with the provisions of the Florida Insurance Code, and if the
surety company holds a current valid certificate of authority issued by the United States
Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States
Code. The Certificate and Affidavit so certifying (Form 00622) should be submitted with
the Bid Bond and also with the Performance Bond and Payment Bond.
50.04 INDEMNIFICATION OF CITY
50.04.01 In consideration of Twenty-five Dollars ($25.00), separately acknowledged by
DESIGN/BUILD FIRM, and other valuable consideration, DESIGN/BUILD FIRM shall
indemnify and save harmless CITY, its officers, agents and employees, from or on
account of any injuries or damages, received or sustained by any person or persons
during or on account of any construction activities of DESIGN/BUILD FIRM or any of its
subcontractors, consultants, agents, servants, or employees connected with the Project;
or by or in consequence of any negligence of DESIGN/BUILD FIRM or any of its
subcontractors, consultants, agents, servants, or employees (excluding negligence of
CITY), in connection with the construction activities of the DESIGN/BUILD FIRM or any
BID NO: 36-05/06 CITY OF MIAMI BEACH
DATE: 06/23/06 44
of its subcontractors, consultants, agents, servants, or employees connected with the
Project; or by use of any improper materials or by or on account of any act, error or
omission of DESIGN/BUILD FIRM or any subcontractor, consultants, agents, servants
or employees, except to the extent caused by CITY, DESIGN/BUILD FIRM agrees to
indemnify and save harmless CITY against any claims or liability arising from or based
upon the violation of any federal, state, CITY or city laws, bylaws, ordinances or
regulations by DESIGN/BUILD FIRM, its subcontractors, agents, servants or employees
(excluding negligence of CITY). DESIGN/BUILD FIRM further agrees to indemnify and
save harmless CITY from all such claims and fees, and from any and all suits and
actions of every name and description that may be brought against CITY on account of
any claims, fees, royalties, or costs for any invention or patent, and from any and all
suits and actions that may be brought against CITY for the infringement of any and all
patents or patent rights claimed by any person, firm, or corporation. This consideration
is separate and distinct from any other consideration received by DESIGN/BUILD FIRM,
50.04,02 DESIGN/BUILD FIRM further agrees to indemnify, save harmless and defend
CITY, its agents, servants and employees, from and against any claim, demand or
cause of action of whatever kind or nature arising out of any negligent conduct or
misconduct of DESIGN/BUILD FIRM not included in Section 50.04.01 above and for
which CITY, its agents, servants or employees, are alleged to be liable.
50.04.03 The indemnification provided above shall obligate DESIGN/BUILD FIRM to
defend a~ its own expense to and through appellate, supplemental or bankruptcy
proceedi~' or to provide for such defense, at CITY'S option, any and all claims of
liability a d all suits and actions of every name and description that may be brought
against C TY which may result from the operations and activities under this Agreement
whether the construction operations be performed by DESIGN/BUILD FIRM, its
sUbcontraictors, its consultants or by anyone directly or indirectly employed by any of the
above, '
50.04.04 The execution of this Agreement by DESIGN/BUILD FIRM shall obligate
DESIGN/~UILD FIRM to comply with the foregoing indemnification provision.
50.05 IN$URANCE
I
I
DESIGN/~UILD FIRM shall provide, or cause to be provided, pay for, and maintain in
force at ~II times during the Project, such insurance, including Workers' Compensation
Insuranc~, Employer's Liability Insurance, Comprehensive General Liability Insurance,
and shall I require DESIGN/BUILD FIRM to provide, pay for and maintain in force at all
times du~ing the Project, Professional Liability Insurance, as will assure to CITY the
protectio~ contained in this Agreement. Builder's Risk Insurance is governed by the
provisions of Section 50.05.05.
Such policy or policies shall be issued by companies approved to do business in the
state of Florida, and having agents upon whom service of process may be made in the
state of Florida. DESIGN/BUILD FIRM shall specifically protect CITY by naming CITY
BID NO: 36-05/06 CITY OF MIAMI BEACH
DATE: 06/23106 45
as an additional insured under the Comprehensive General Liability Insurance Policy
hereinafter described.
50.05.01 Professional Liability Insurance with limits of liability provided by such policy
not less than Three Million Dollars ($3,000,000.00) each claim to assure CITY the
indemnification specified in Section 50.04. Such policy may carry a deductible;
however, any deductible shall not exceed One Hundred Thousand Dollars
($100,000,00) for each claim. The Certificate of Insurance for Professional Liability
Insurance shall reference the applicable deductible and the Project.
50.05.02 Workers' Compensation Insurance to apply for all employees in compliance
with the ''Workers' Compensation Law" of the state of Florida and all applicable federal
laws. In addition, the policy(ies) must include:
Employer's Liability with a limit of $100,000.00 each accident.
50.05.03 Comprehensive General Liability with minimum limits of Two Million Dollars
($1,000,000,00 primary and excess of $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 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/or Operations.
Independent Contractors,
Products and/or Completed Operations.
The DESIGN/BUILD FIRM shall maintain in force until at least three (3) years after final
completion of the Project coverage for Products and Completed Operations, including
Broad Form Property Damage.
Explosion, Collapse and Underground Coverage's.
Broad Form Property Damage.
Broad Form Contractual Coverage applicable to this specific Agreement, including any
hold harmless and/or indemnification agreement.
Personal Injury Coverage with Employees and Contractual Exclusions removed with
minimum limits of coverage equal to those required for Bodily Injury Liability and
Property Damage Liability.
Notice of Cancellation and/or Restriction--The policy(ies) must be endorsed to provide
the CITY with thirty (30) days notice of cancellation and/or restriction. .
BID NO: 36-05/06 CITY OF MIAMI BEACH
DATE: 06/23/06 46
50.05.04 Business Automobile Liability with minimum limits of Three Hundred Thousand
Dollars ($300,000.00) 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 Business Automobile Liability Policy, without restrictive
endorsements, as filed by the Insurance Services Office and must include:
Owned vehicles.
Non-owned and hired vehicles.
50.05.05 An All Risk Builder's Risk Insurance Policy will be provided by CITY for this
Project. The Builder's Risk Certificate of Insurance is issued with a Ten Thousand
Dollar ($10,000.00) deductible per claim. In the event a claim occurs for this Project,
DESIGN/BUILD FIRM will pay fifty percent (50%) or Five Thousand Dollars ($5,000,00)
expenditure for its portion of the deductible.
50.05.06 Notice of Cancellation, Expiration and/or Restriction: The policy(ies) must be
endorsed to provide the City of Miami Beach, Florida, with thirty (30) calendar days
notice of cancellation, expiration and/or restriction, to the attention of the Risk Manager,
1700 Convention Center Drive, Miami Beach, Florida 33139.
50.05.07 DESIGN/BUILD FIRM shall furnish to the Contract Administrator Certificate(s)
of Insurance evidencing the insurance coverage's required herein prior to final award by
the Board. Such certificate(s) shall reference this Agreement. CITY reserves the right to
require a certified copy of such policies upon request. All certificates shall state that
CITY shall be given thirty (30) calendar days' prior written notice of cancellation and/or
expiration,
50.05.08 DESIGN/BUILD FIRM shall provide to CITY a Certificate of Insurance or a
copy of all insurance policies required under this Article. The City's Risk Manager
reserves the right to require certified copies if requested. Endorsements and
certifications shall state CITY is to be given thirty (30) calendar days' written notice prior
to expiration or cancellation of the policy.
ARTICLE 51 NO DAMAGES FOR DELAY
No claim for damages or any claim, other than for an extension of time, shall be made
or asserted against CITY by reason of any delays except as provided herein.
DESIGN/BUILD FIRM shall not be entitled to an increase in the Contract Price or
payment or compensation of any kind from CITY for direct, indirect, consequential,
impact or other costs, expenses or damages, including but not limited to costs of
acceleration or inefficiency, arising because of delay, disruption, interference or
hindrance from any cause whatsoever, whether such delay, disruption, interference or
hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable
or unavoidable; provided, however, that this provision shall not preclude recovery of
BID NO: 36-05/06 CITY OF MIAMI BEACH
DATE: 06/23/06 47
damages by DESIGN/BUILD FIRM for actual delays due solely to fraud, bad faith or
active interference on the part of CITY, Design Criteria Engineer and Program Manager,
Otherwise, DESIGN/BUILD FIRM shall be entitled only to extensions of the Contract
Time as the sole and exclusive remedy for such resulting delay, in accordance with and
to the extent specifically provided above.
ARTICLE 52 EXCUSABLE DELAY; COMPENSABLE: NON-COMPENSABLE
Excusable Delay. Delay which extends the completion of the Work and which is caused
by circumstances beyond the control of CONTRACTOR or its subcontractors, suppliers
or vendors is Excusable Delay.
CONTRACTOR is entitled to a time extension of the Contract Time for each day the
Work is delayed due to Excusable Delay, CONTRACTOR shall document its claim for
any time extension as provided in Article 39 hereof.
Failure of CONTRACTOR to comply with Article 39 hereof as to any particular event of
delay shall be deemed conclusively to constitute a waiver, abandonment. or
relinquishment of any and all claims resulting from that particular event of delay..
Excusable Delay may be compensable or non-compensable.
(a) Compensable Excusable Delay. Excusable Delay is cornpensable when (i) the
delay extends the Contract Time; (ii) is caused by circumstances beyond the control if
the CONTRACTOR or its subcontractors, suppliers or vendors, and (iii) is caused solely
by fraud, bad faith or active interference on the pari of CITY or its agents. In no event
shall CONTRAC~OR be compensated for interim delays which do not extend the
Contract Time.
CONTRACTOR shall be entitled to direct and indirect costs for Compensable Excusable
Delay. Direct costs recoverable by CONTRACTOR shall be limited to the actual
additional costs allowed pursuant to Article 38 hereof.
CITY and CONTRACTOR recognize and agree that the amount of CONTRACTOR's
precise actual indirect costs for delay in the performance and completion of the Work is
impossible to determine as of the date of execution of the Contract Documents, and that
proof of the precise amount will be difficult. Therefore, indirect costs recoverable by the
CONTRACTOR shall be liquidated on a daily basis for each day the Contract Time is
delayed due to a Compensable Excusable Delay. These liquidated indirect costs shall
be paid to compensate CONTRACTOR for all indirect costs caused by a Compensable
Excusable Delay and shall include, but not be limited to, all profit on indirect costs,
home office overhead, acceleration, loss of earnings, loss of productivity, loss of
bonding capacity, loss of opportunity and all other indirect costs incurred by
CONTRACTOR. The amount of liquidated indirect costs recoverable shall be $1,000
per day for each calendar day the Contract is delayed due to a Compensable Excusable
Delay.
BID NO: 36-05/06 CITY OF MIAMI BEACH
DATE: 06/23/06 48
(b) Non- Compensable Excusable Delay. When Excusable Delay is (i) caused by
circumstances beyond the control of CONTRACTOR, its subcontractors, suppliers and
vendors, and is also caused by circumstances beyond the control of the CITY or Criteria
Engineer / Program Manager, or (ii) is caused jointly or concurrently by CONTRACTOR
or its subcontractors, suppliers or vendors and by the CITY or Criteria Engineer /
Program Manager, then CONTRACTOR shall be entitled only to a time extension and
no further compensation for the delay.
ARTICLE 53 MISCELLANEOUS
53.01 ROYALTIES AND PATENTS
All fees, royalties, and claims for any invention, or pretended invention, or patent of any
article, material, arrangement, appliance or method that may be lIsed upon or in any
manner be connected with the construction of this Project or appurtenances, are hereby
included in the prices stipulated in this Agreement for said Project.
53.02 DATUM
All elevations are referred to as U.S.C.E. MLW Bay Datum.
53.03 RIGHTS OF VARIOUS INTERESTS
Whenever work being done by CITY'S forces or by other contractors is contiguous to
work covered by this Agreement, the respective rights of the various interests involved
shall be established by the Contract Administrator to secure the completion of the
various portions of the work in general harmony.
53.04 ASSIGNMENT
This Agreement shall not be assigned or subcontracted as a whole or in part without the
written consent of the City, nor shall DESIGN/BUILD FIRM assign any monies due or to
become due to it hereunder, without the prior written consent of the Contract
Administrator.
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
49
53.05 NO INTEREST
Any monies not paid by CITY when claimed to be due to DESIGN/BUILD FIRM under
this Agreement shall not be subject to interest. However, the provisions of CITY'S
prompt payment ordinance, as such relates to timeliness of payment, and the provisions
of Section 218.74(4), Florida Statutes, as such relates to the payment of interest, shall
apply to valid and proper invoices,
53.06 OWNERSHIP OF DOCUMENTS
Drawing, specifications, design, models, photographs, computer AutoCAD disks,
reports, surveys, and other data provided in connection with this Agreement and for
which CITY has rendered payment, are and shall become and remain the property of
CITY whether the Project for which they are made is executed or not. If this Agreement.
is terminated for any reason prior to completion of the work, CITY may, in its discretion,
use any design and documents prepared hereunder for the purpose of completing the
Project, provided that CITY has paid for same; and provided further that if such
termination occurs prior to completion of documents and/or through no fault of
DESIGN/BUILD FIRM; DESIGN/BUILD FIRM shall have no liability for such use; and
provided further that any reuse without the written verification or adaptation for the
specific purpose intended will be without liability or legal exposure to the
DESIGN/BUILD FIRM. At the completion of the Project, as part of the Project closeout,
copies of all drawings on AutoCAD disks shall be transmitted from DESIGN/BUILD
FIRM to the Contract Administrator within seven (7) calendar days of termination of this
Agreement in addition to the Jecorddrawing. The provisions of this clause shall survive
the completion of this Agreement and shall thereafter remain in full force and effect. Any
compensation due to DESIGN/BUILD FIRM shall be withheld until all documents are
received as provided herein. Notwithstanding the foregoing, the CITY retains ownership.
of any and all documents provided to the DESIGN/BUILD FIRM and has full use thereof
without any further payment.
53.07 RECORDS
DESIGN/BUILD FIRM shall keep such records and accounts and require any and all
architects, consultants and subcontractors to keep records and accounts as may be
necessary in order to record complete and correct entries as to personnel hours
charged to this engagement. Such books and records will be available at all reasonable
times for examination and audit by CITY and shall be kept for a period of three (3) years
after the completion of the Project pursuant to this Agreement. Incomplete or incorrect
entries in such books and records will be grounds for disallowance by CITY of any fees
or expenses based upon such entries.
BID NO: 36-05/06
DATE: 06/23106
CITY OF MIAMI BEACH
50
53.08 NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND
AMERICANS WITH DISABILITIES ACT
DESIGN/BUILD FIRM shall not unlawfully discriminate against any person in its
operations and activities in its use or expenditure of the funds or any portion of the
funds provided by this Agreement and shall affirmatively comply with all applicable
provisions of the Americans with Disabilities Act in the course of providing any services
funded in whole or in part by CITY, including Titles I and 11 of the (regarding
nondiscrimination on the basis of disability), and all applicable regulations, guidelines,
and standards.
DESIGN/BUILD FIRM'S decisions regarding the delivery of services under this
Agreement shall be made without regard to or consideration of race, age, religion, color,
gender, sexual orientation, national origin, marital status, physical or mental disability,
political affiliation, or any other factor which cannot be lawfully or appropriately used as
a basis for service delivery,
DESIGN/BUILD FIRM shall comply with Title I of the Americans with Disabilities Act
regarding nondiscrimination on the basis of disability in employment and further shall
not discriminate against any employee or applicant for employment because of race,
age, religion, color, gender, sexual orientation, national origin, marital status, political
affiliation, or physical or mental disability. In addition, DESIGN/BUILD FIRM shall take
affirmative steps to ensure nondiscrimination in employment against disabled persons.
Such actions shall include, but not be limited to, the following: employment, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of
pay, other forms of compensation, terms and conditions of employment, training
(including apprenticeship), and accessibility.
DESIGN/BUILD FIRM shall take affirmative action to ensure that applicants are
employed and employees are treated without regard to race, age, religion, color,
gender, sexual orientation, national origin, marital status, political affiliation, or physical
or mental disability during employment. Such actions shall include, but not be limited to,
the following: employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff, termination, rates of pay, other forms of compensation, terms and
conditions of employment, training (including apprenticeship), and accessibility.
DESIGN/BUILD FIRM shall not engage in or commit any discriminatory practice in
violation of the CITY'S Human Rights Act in performing the Scope of Services or any
part of the Scope of Services of this Agreement.
53.09 NO CONTINGENT FEE
DESIGN/BUILD FIRM warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for DESIGN/BUILD FIRM to
solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely
BID NO: 36-05/06
DATE: 06/23106
CITY OF MIAMI BEACH
51
for DESIGN/BUILD FIRM, any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For the
breach or violation of this provision, CITY shall have the right to terminate the
Agreement without liability at its discretion, to deduct from the Contract price, or
otherwise recover, the full amount of such fee, commission, percentage, gift or
consideration.
53.10 ALL PRIOR AGREEMENTS SUPERSEDED: AMENDMENTS
The Contract Documents incorporate and include all prior negotiations,
correspondence, conversations, agreements or understandings applicable to the
matters contained herein, and the parties agree that there are no commitments,
agreements or understandings concerning the subject matter of this Agreement that are
not contained in the Contract Documents. Accordingly it is agreed that no deviation from
the terms hereof shall be predicated upon any prior representations or agreements
whether oral or written,
It is further agreed that no modification, amendment or alteration in the. terms or
. conditions contained herein shall be effective unless contained in a written document
executed with the same formality and of equal dignity herewith. . .
53.11 NOTICES
Whenever either party desires to give notice unto the other, it must be given by written
notice, sent by certified United States mail, with return receipt requested, addressed to
the party for whom it is intended, at the place last specified; and the place for giving of
. notice shall remain such until it shall have been changed by written notice in compliance
. with the provisions of this paragraph. For the present, the parties designate the
following as the respective places for giving of notice, to wit:
FOR CITY:
Jorge E. Chartrand, CIP Director
Capital Improvement Projects (CIP) Office
777 17th Street, Suite 201
Miami Beach, Florida, 33139
FOR DESIGN/BUILD FIRM:
David A. Mancini, President
Ric-Man International, Inc
2601 Northwest 48th Street
Pompano Beach, Florida, 33073
53.12 TRUTH-IN-NEGOTIATION CERTIFICATE
Signature of this Agreement by DESIGN/BUILD FIRM shall act as the execution of a
truth-in-negotiation certificate stating that wage rates and other factual unit costs
supporting the compensation of this Agreement are accurate, complete, and current at
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
52
.'
.~
the time of contracting. The original Contract price and any additions thereto shall be
adjusted to exclude any significant sums by which CITY determines the Contract price
was increased due to inaccurate, incomplete, or non-current wage rates and other
factual unit costs. All such Contract adjustments shall be made within one (1) year
following the end of this Agreement.
53,13 INTERPRETATION
The parties hereto acknowledge and agree that the language used in this Agreement
expresses their mutual intent, and no rule of strict construction shall apply to either party
hereto. The headings contained in this Agreement are for reference purposes only and
shall not affect in any way the meaning or interpretation of this Agreement. All personal
pronouns used in this Agreement shall include the other gender, and the singular shall
include the plural, and vice versa, unless the context otherwise requires. Terms such as
"herein," "hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and
not to the particular sentence, paragraph or section where they appear, unless the
context requires otherwise. Whenever reference is made to a Section or Article of this
Agreement, such reference is to the Section or Article as CI whole, including all of the
subsections and subparagraphs of sLlch Section or Article, unless the reference is
expressly made to a particular subsection or subparagraph of such Section or Article.
53.14 RECYCLED CONTENT
In support of the Florida Waste Management Law, DESIGN/BUILD FIRM is encouraged
to supply any information available regarding recycled material content in the products
provided. CITY is particularly interested in the type of recycled material used (such as
paper. plastic, glass, metal, etc,); and the percentage of recycled material contained in
the produ<::t. CITY also requests information regarding any known or potential material
content in the product that may be extracted and recycled after the producthas served
its intended purpose.
53.15 PUBLIC ENTITY CRIMES ACT
In accordance with the Public Entity Crimes Act, Section 287.133, Florida Statutes. a
p~son or affiliate who is a contractor, consultant or other provider, who has been
pi ced on the convicted vendor list following a conviction for a Public Entity Crime, may
no submit a bid on a contract to provide any goods or services to the CITY, may not
submit a bid on a contract with the CITY for the construction or repair of a public
building or public work, may not submit bids on leases of real property to the CITY, may
not be awarded or perform work as a contractor supplier, subcontractor or consultant
under a contract with the CITY and may not transact any business with the CITY in
excess of the threshold amount provided in Section 287.017, Florida Statutes, for
category two purchases for a period of 36 months from the date of being placed on the
convicted vendor list. Violation of this section shall result in cancellation of the CITY
purchase and may result in debarment.
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
53
53.16 APPLICABLE LAW AND VENUE
This Contract shall be enforceable in Miami-Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or
conditions herein, exclusive venue for the enforcement of same shall be in Miami-Dade
County, Florida. BY ENTERING INTO THIS CONTRACT, DESIGN/BUILD FIRM AND
CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY
JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF THE
PROJECT. DESIGN/BUILD FIRM SHALL SPECIFICALLY BIND ITS PROJECT TEAM
MEMBERS AND ANY AND ALL SUBCONTRACTORS TO THE PROVISIONS OF THE
CONTRACT.
[Intentionally left blank]
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
54
IN WITNESS WHEREOF, the parties have set)i1e1 h /ds and seals the day and year
first above written.
ATTEST:
_llnuA6 Ecv ~
Robert Parcher, City Clerk
IAMI BEACH, FLORIDA
DBF MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE
CORPORATION OR NONCORPORATION FORMAT, AS APPLICABLE.
[If incorporated sign below]
ATTE.ST:
/~
( /
DESIGN/BUILD FIRM
.__i,._~. c.. ~___~~_b~~ ~.~0Q. \
(Nan , . Corporation)
By:
(Corporate Seal)
~VI'_~__ ~(\\
(Print Name and Title)
Gle_day o€t-~, 2ofl'::f:
[If not incorpowted sign below]
DESIGN/BUILD FIRM
WITNESSES:
-~p-_.'-"----"-----
--.---.------.---.----
(Name of Firm)
-----------.--
By:
. ------
(Signature)
(Print Name and Title)
__day of _
,20_
CITY REQUIRES FIVE (5) FULLY-EXECUTED CONTRACTS, FOR DISTRIBUTION.
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
?Jtt ID7
,)-' Date
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
55
C'
INVITATION TO BID
FOR DESIGN/BUILD SERVICES FOR
NEIGHBORHOOD NO.7 - NAUTILUS
RIGHT-OF -WAY INFRASTRUCTURE IMPROVEMENT PROJECT
ITB # 36-05/06
CITY CLERK
BID OPENING: August 15, 2006
Gus lopez, CPPO, Procurement Director
PROCUREMENT DIVISION
1700 Convention Center Drive, Miomi Beoch, Fl 33139
www.miomibeochfl.gov
F: \PURC\$ALl \Roman \bid~ \06 \36-05-06 \ITB-3 6-05.06_ doc
CITY OF MIAMI BEACH
1
(9 MIAMIB.EACH
COMMISSION ITEM SUMMARY
Condensed Title:
A Resoluijon Accepting the City Manager's Recommendation Relative to the Ranking of Contractors
Pursuant to Invitation to Bid (ITB) No, 36-05106 for Design/Build Services for Neighborhood No.7 -
Nautilus Rieht-of-Wav Infrastructure Imorovement Proiect.
Ke Intended Outcome Su orted:
. Ensure Well-Desi ned Quali Ca ital Pro'ects
Issue:
I Shail the City Commission adopt the Resolution?
Item SummarY/Recommendation:
The City of Miami Beach requires the services of a Design/Build Firm for the design and construction of the
Neighborhood No.7 - Nautilus Right-of-Way Improvements Project (the 'Project"). The DesignlBuild Firm
(DBF) wiil be responsible for the design, construction, and construction management associated with the
work related to earthwork, roadway narrowing, milling and resurfacing, driveway paving, Sidewalk
construction; water main Instailation and water services relocation; storm drainage infrastructure
instailatJon; roadway i1ghting and streetscapelplantinglmprovements. A Design Criteria Package has been
prepared which includes conceptual specifications and plans for the clvil, electrical, mechanical, structural
and landscaping disciplines,
BidNet Issued bid notices to 206 prospective bidders, resulting In 50 proposers requesting the ITB
document, which resulted in the receipt of bids from the foilowing Contractors:
. Lanzo Construction Company Florida;
. Magnum Construction Management Corporation (MCM); and
. Ric-Man International, Inc.
The City Manager via Letter to Commission (LTC) No. 207-2006, appointed an Evaluation Committee (the
'Committee') consisting of the foilowlng individuals:
. Karen Rivo, Neighborhood Leadership Academy, Miami Beach Resident (Chair)
. Sara Gutierrez, General Obligation Board Oversight Board
. Fernando Vazquez, PE, City Engineer, CMB Public Works Department
. Keith Mizeil, Project Manager, Capital Improvement Projects Office (CIP)
. Jo Admundsson, Neighborhood Leadership Academy, Lakevlew Home Owners Association Member
On September 18, 2006, the appointed City Manager Committee convened and ranked ail three bidders
accordingly:
1) Rlc-Man International, Inc,
2) Lanzo Construction Company Florida
3) Magnum Construction Management Corporation (MCM)
ACCEPT THE CITY MANAGER'S RECOMMENDATION AND AUTHORIZE NEGOTIATIONS.
Advisory Board Recommendation:
IN/A
Financlal'lnformatlon"
.
Source of Amount Account Approved
Funds: 1
I I 2
OBPI Totel
FlnanclallmDact SummarY:
City Clerk's OffIce Legislative TraCking:
I Gus Lopez, ext 6641
SI n-Offs:
Oepa
GL
City Manager
JMG
ummary.doc
e
MIAMI BEACH
514
AGENDA ITEM
DATE
R7D
lo-ll...()(,
.
e MIAMI BEACH
City of Miami Beach, 1700 Convention Cenler Drive, Miami Beach, Florida 33139, www.miamibeachR.gov
COMMISSION MEMORANDUM
FROM:
Mayor David Denner and Members of the City Commission
Jorge M. Gonzalez, City Manager \ ~
October 11, 2006 U
TO:
DATE:
SUBJECT:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA AUTHORIZING THE ADMINISTRATION TO ENTER
INTO NEGOTIATIONS WITH TOP RANKED CONTRACTOR OF RIC-MAN
INTERNATIONAL, INC., THE LOWEST AND BEST BIDDER PURSUANT TO
INVITATION TO BID (ITB) NO. 36-05/06, FOR DESIGNIBUILD SERVICES FOR
NEIGHBORHOOD NO.7 - NAUTILUS RIGHT-OF -WAY INFRASTRUCTURE
IMPROVEMENT PROJECT; AND SHOULD THE ADMINISTRATION NOT BE
ABLE TO SUCCESSFULLY NEGOTIATE AN AGREEMENT WITH RIC-MAN
INTERNATIONAL,INC., AUTHORIZING THE ADMINISTRATION TO ENTER
INTO NEGOTIATIONS WITH THE SECOND RANKED CONTRACTOR OF
LANZO CONSTRUCTION COMPANY.
ADMINISTRATIVE RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The City of Miami Beach requires the services of a Design/Build Finn for the design and
construction of the Neighborhood No.7 - Nautilus Right-of-Way Improvements Project (the
"Project"), The Design/Build Firm (DBF) will be responsible for the design, construction, and
construction management associated with the work related to earthwork, roadway
narrowing, milling and resurfacing, driveway paving, sidewalk construction; water main
installation and water services relocation; stonn drainage infrastructure installation; roadway
lighting and streetscape/planting improvements. A Design Criteria Package has been
prepared which includes conceptual speCifications and plans for the civil, electrical,
mechanical, structural and landscaping disciplines.
The work to be perfonned under this Contract shall consist of providing all tools, equipment,
materials, supplies, and manufactured articles and furnishing all labor, transportation, and
services, Including fuel, power, water, and essential communications, and perfonning all
work, or other operations required for the fulfillment of the Contract In strict accordance with
the Contract Documents. The work shall be complete, and all work, materials, and services
not expressly Indicated or called for in the Contract Documants which may be necessary for
the complete and proper design and construction of the work in good faith shall be provided
by the Design/Build Finn,
The Project Location Area as shown on the attached Location Map (Attachment "A") is
located in the "Middle Beach" area and bounded by the Surprise Waterway to the North,
Biscayne Bay to the West, Pine Tree Drive to the East, and State Road 1121Arthur Godfrey
Road (W. 41 st Street) to the South. Areas to be affected by the proposed improvements
include but are not limited to North Bay Road, Nautilus Drive, Nautilus Court, Michigan
Avenue, Jefferson Avenue, Adams Avenue, N. Meridian Avenue, Chase Avenue, Prairie
515
Commission Memo
Invnetion to Bid (ITB) No. 36-05/06 for OeslgnlBulld Slrvlcos for Neighborhood NO.7 - Neutllus Right-of-Wey Infrestructure
Improvement Project.
October 11. 2005
Pege 2 of 11
Avenue, Post Avenue, Royal Palm Avenue, Sheridan Avenue, W. 48th Street, W. 47th
Street, W. 47th Court, W.46th Street, W. 45th Street, W 44th Street, W 44th Court, W 43rd
Street and Court, and W 42nd Street. The Flamingo Waterway Historic District lies within the
boundary of the Nautilus Neighborhood. The neighborhood is divided in two by the Biscayne
Waterway. The area to the West of the Biscayne Waterway is commonly known as Nautilus
West and the area to the East of the Biscayne Waterway as Orchard Park,
Areas not included in the proposed improvements include, SR907/Alton Road, Pine Tree
Drive, and W, 42nd Street (between Prairie Avenues and Pine Tree Drive.)
The proposed improvements to be performed for this project are based upon the Basis of
Design Report for Neighborhood No.7 - Nautilus prepared by Reynolds, Smith and Hills,
Inc.
SCOPE OF SERVICES
The Basis of Design Report (BOOR) was developed with input from the residents through
two (2) Community Design Workshops and City staff and was approved by the City of Miami
Beach City Commission. The proposed improvements include but are not limited to:
1, Streetscape Improvements
o Roadway Milling and Resurfacing
o Landscaping within the Right-of-Way
o Sidewalk Extensions (ADA ramps)
o Damaged Sidewalk Replacement
o Lighting Upgrades (Nautilus West)
o Lighting Upgrades (Orchard Park)
o Driveway Apron Restoration
o Swale Reclamation
o Removal of Encroachments
o Street Narrowing
o Addition of Speed Table
o On-Street Parking Improvements
o Specialty Project Improvements
a. Reconfiguration of W. 42nd Street between Michigan Avenue and Meridian Avenue
b. Reconfiguration of the intersection of Prairie Avenue/Chase Avenue
2. Stormwater Improvements
The Improvements to the stormwater system are limited to the 3 priority drainage basins in
the Nautilus Neighborhood as identified in the City of Miami Beach Comprehensive
Stormwater Management Master Plan.
o Design and installation of approximately 16,330 L.F. of HOPE and RCP conveyance
pipe ranging in size from 18-inch through 60-inch.
o Design and installation of approximately 92 inlets and 74 drainage manholes.
o Design and installation of approximately 55 gravity drainage wells and 10
pressurized drainage wells.
o Design and installation of 2 stormwater pumping stations.
The proposed improvements listed above represent a summary of the current design
approach as shown on the Conceptual Plans and Specifications, However, the DesignlBuild
Firm shall be responsible for satisfying the City's design criteria and verify compliance with
the requirements set forth in Section 01000 of the Design Criteria Package prepared by
ReynoldS Smith and Hills, Inc.
516
Commission Memo
Invitation to Bid (ITB) No. 36-05106 for OeslgnlBulld Services for Neighborhood No. 7 - Nautilus Right-of-Way Infraslnlcwre
Improvement Project.
October 11, 2006
Paga3of11
A detailed description of the recommended improvements and required level of service are
identified in the Section entitled "Professional Services".
3. Water Systems Improvements
. Design and installation of approximately 17,500 L.F. (Priority 2) of new 8-inch DIP
water main.
. Design and installation of approximately 16,444 L.F. (Priority 3) of new B-inch DIP
water main.
. Design and relocation of approximately 172 water meters and service lines from near
easements to the sidewalks thru trenchless technology.
ITa PROCESS AND CONTRACTOR EVALUATION
On June 23, 2006, the City's Procurement Division issued Invitation to Bid (ITB) No. 36-
05/06 for Design/Build Services for Neighborhood No. 7 - Nautilus Right-of-Way
Infrastructure Improvement Project, The purpose ofthis ITB is to obtain bids from qualified
General Contractors to provide all DesignlBuild services for Nautilus Neighborhood No, 7.
A non-mandatory Pre-Bid meeting was held on July 20, 2006 at the City of Miami Beach City
Hall. Prospective bidders were provided information as to the Scope of Work, the Evaluation
Criteria, Best Value Procurement, and of all required documentation to be submitted with
their bid.
BidNet issued bid notices to 206 prospective bidders, resulting in 50 proposers requesting
the ITBdocument, which resulted in the receipt of bids from the following Contractors:
. Lanzo Construction Company Florida;
. Magnum Construction Management Corporation (MCM); and
. Ric-Man Intemational, Inc,
The City Manager via Letter to Commission (LTC) No, 207-2006, appointed an Evaluation
Committee (the "Committee") consisting of the following individuals:
. Karen Rivo, Neighborhood Leadership Academy, Miami Beach Resident (Chair)
. Sara Gutierrez, General Obligation Board OVersight Board
. Femando Vazquez, PE, City Engineer, CMB Public Works Department
. Keith Mizell, Project Manager, Capital Improvement Projects Office (CIP)
. Jo Admundsson, Neighborhood Leadership Academy, Lakeview Home Owners
Association Member
On September 18,2006, the Committee convened, the Committee was provided Scope of
Work information by Mr. Bert Vidal of Hazen and Sawyer, the City's Program Manager,
Procurement Division provided evaluation surveys on all three (3) firms and Ms. Sarah
Goodridge, PhD student, of Florida Intemational University provided insight on "Best Value
Procuremenf and recommended questions (see Attachment No. B) that could be used
during the evaluation of the Contractors,
The Committee also discussed the Evaluation Criteria, which was used to evaluate and rank
the Contractors. The Evaluation Criteria was articulated in detail in the Bid Document as well
other Addenda issued by the City's Procurement Division, The Evaluation Criteria used by
the Evaluation Committee is as follows.
517
Commission Memo
Invitation 10 Bid (ITB) No. 36-05106 for OesignlBulld Services for Neighborhood No. 7 - Nautilus Right-of-Way Infrastructure
Improvement Project
October 11. 2006
Page 4 of 11
-'<"+-~-
EVALUATION COMMITTEE EVALUATION/SELECTION PROCESS
The Committee will utilize a two-step process pursuant to Section 287.055 (9) (c)(2), Florida
Statutes. The first phase will consist of the qualitative criteria listed below. The second
phase will consist of qualitative and quantitative criteria (overhead and profit percentage) as
addressed below.
The Evaluation Committee shall base its recommendations upon the following qualitative
evaluation criteria and quantitative (overhead and profit percentage) criteria, A maximum of
100 points may be assigned to a bidder in each of the phases,
Phase 1:
The Evaluation Committee shall first evaluate each bidder based on the qualitative criteria
no less than three bidders. The ranked bidders shall proceed to the next evaluation step
(Phase 2), and shall keep the points allocated by the Committee during Phase 1.
Phase I: Qualitative Criteria Maximum Points 100
Risk Assessment Plan 40
Past Work Performance Evaluation Surveys 35
Qualifications of Firm 25
Maximum Point Total 100 points
Phase 2:
The Committee utilized the following qualitative and quantitative criteria for each firm, The
Committee shall interview the personnel of no less than three bidders. The interview process
was worth 45 points.
After the Evaluation Committee submit their ranking of the Phase 2 qualitative criteria, the
sealed price proposals (including the bidder's overhead and profit percentage) of the ranked
bidders was opened by the City's Procurement Director publicly. The quantitative evaluation
(Phase 3) of the Bid was based on the bidder's cost proposal and overhead and profit. The
maximum points for quantitative criteria, is 35 points. The Evaluation Committee shall add
the qualitative and quantitative point totals for the ranked bidders, The Evaluation Commillee
will recommend and rank the three (3) bidders.
Phase 2: Qualitative Criteria Maximum Points 45
Interview of Personnel 45: (Only additional points added to Phase 1 scores)
Phase 3: Quantitative Criteria Maximum Points 35
Cost Proposal to include Overhead & Profit.
Maximum PointTotal180 points
The Committee was able to discuss the above criteria in length. they proceeded to score the
Qualitative Phase I which included the Risk Assessment Plan; Past Work Performance
Evaluations Surveys; and the Qualifications of the Firm.
After the Committee provided their scores for Phase I, the Committee proceeded to the
Qualitative Phase 2, Personnel Interviews, which included a small Presentation by each
Bidder, followed by 45 minute interviews, were the Lead Designer and the Construction
Project Manager of each Contractor were questioned extensively.
518
Comml&8ion Memo
Invitation to Bid (ITB) No. 36-05106 for DeslgnlBulld Services for Nelghbo<tlood No.7 - Nautilus Rlght-of.Way InfraslnJcllJre
Improvement Project
October 11, 2006
Page 60f11
Upon completion of the Qualitative Phase 2, the Evaluation Committee carried over the
scores for the Qualitative Phase 1 and added their score for Phase 2, the tabulation of
Qualitative Phases 1 and 2 are as follows:
QUALITATIVE PHASE 1 SCORES
Evaluation Committee Member
Company Karen Rlvo Keith Sara Fernando Jo
(Chair) Mizell Gutierrez Vazquez Admundseon
Lanzo Construction Comoanv
Risk Asseesment Plan 13.3 22 24 20 34
Past Work Performance 25 23 28 25.5 25
Qualifications of Firm 25 19 17 13,5 19
TOTALS: 63.3 64 69 59 78
MCM COI'D.
Risk Assessment Plan 25.3 19.3 19.3 24 38.6
Past Work Performance 28 28 25 28.4 29
Qualifications of Firm 9 21 17 14.5 18
TOTALS: 82.3 68.3 61.3 66.9 83.6
Rlc-Man International. Inc,
Risk Assessmant Plan 18.6 22.6 31.3 28.6 21.3
Past Work Performance 30 32 30 30.75 32
Qualifications of Firm 25 25 25 18 21
TOTALS: 73.6 79,6 86.3 77.35 74.3
QUALITATIVE PHASE 2 SCORES
Evaluation Committee Member
Company Karen Rlvo Keith Sara Femando Jo
(Chair) Mizell Gutierrez Vazquez Admundsson
Lanzo Construction ComDanv
Parsonnellntervlew I 31,5 I 18.9 I 22.5 15,3 I 33.3
MCM COI'D,
Personnel Interview I 39.6 r 22.95 I 29.7 I 35.77 I 36
Rlc-Man Intematlonal Inc.
Personnel Interview I 42.3 I 34,65 I 42.3 I 44.55 I 40.5
Company
Karen
Rlvo
(Chair)
Keith
Mizell
Sara
Gutierrez
Fernando
Vazquez
Jo
Admundason
Lanzo Construction Com n
Phase 1
Phase 2
Rlc-Man International Inc.
Phase 1
Phase 2
519
Commission Memo
Invllation 10 Bid (ITB) No. 36-05/06 for Deslgn/Bulld Services for Neighborhood No.7 - Nautilus Right-aI-Way Infrastructure
Improvement Project
October 11, 2006
Pege60tll
Immediately after the completion of the Qualitative Criteria scoring by the Committee the
Procurement Director publicly opened the sealed price proposalS and sealed overhead and
profit percentages, The bid price as well as the Overhead and Profit are as follows for all
three bidders:
Lanzo Construction Company
MCM Corp.
Rio-Man International, Inc,
Bid Price:$27,142,025.00 15% overhead and 10% profit
Bid Price:$42,305.025.00 5% overhead and 10% profit
Bid Price:$27,110,221.00 10% overhead and 12% profit
The Evaluation Committee discussed scoring options and opted to score based on each
members judgment as to the bid price and their evaluation of the overhead and profit
margins, it was logical to the Committee that the lowest bid should receive the highest score
of the 35 points allotted for Quantitative Phase III, The other 2 bidders would receive
proportionate scores based on each member's judgment. The following are the Quantitative
scores:
QUANTITATIVE PHASE 3 SCORES
Evaluation Committee Member
Karen Keith Sara Fernando
Company Rlvo Jo Admundaaon
(Chalrl Mizell Gutierrez Vazquez
Lanzo Conatructlon COmDany
Bid Price - OVerhead/orofit I 18 125 133 112.53 120
MCM Com,
Bid Price - OVerhead/orofit 10 5 128 0 18
Rlc-Man International Inc.
Bid Prica - OVarhead/orofit 135 132 132 112.57 35
Upon completion of the Quantitative Phase 3 scoring the Committee added both .the
Qualitative and Quantitative score to arrive at a final grand total score which was used to
rank and three bidders.
FINAL SCORE
Qualitative & Quantitative
Evaluation Committee Member
Karan Keith
Rlvo
(Chair) Mizen
Sara
Gutierrez
Fernando
Vazquez
Jo Admundaaon
Company
Lanzo Conatructlon Com n
QualltaUve 94.8
QuanUtative 18
82.9
25
111.3
20
3
520
Commission Memo
Invitation to Bid (ITB) No. 36-05106 for OeslgnlBulld Services for Neighborhood No.7 - Nautilus Rlght-of-Wey Infrastructure
Improvement ProjecL
October 11. 2006
Pege70fll
Upon completion of the Qualitative and Quantitative scoring the Committee alTived at
consensus and ranked accordingly:
LEGEND:
~IC-Man In~matiOnal, Inc. 5 First place scores = TOTAL 5
Ranked 1 st
}t'nzo Con~ction Company 3 Second place scores=6 + 2 Third Place scores=6 = TOTAL 12
Ranked 2nd
MCM Com. (Ranked 3rd\ 2 Second nlace scores=4 + 3 Third Dlace scores=9 = TOTAL 13
RIC-MAN INTERNATIONAL, INC.
The RIC-MAN Intemational TEAM is composed of the following:
. RIC-MAN International, Inc. - Prime Contractor
. A & P Consulting Transportation Engineers, Corporation - Prime Designers
. Chen and Associates - QA/QC and MOT Design
. Rosenberg Design Group - Landscape Design
. Geosol, Inc. - Geotechnical Engineering
. Polaris 3 Surveyors and Mappers - Surveying Services
The following highlights RIC-MAN Intemational, Inc.'s TEAM commibnent and
accomplishments:
. Past experience in DesignlBuild Projects. The RIC-MAN Team just recently
successfully completed one of the largest renovation and reconstruction roadway
projects for the City of Miami Beach. The Washington Avenue Project from 5110 Street
to Lincoln Road, This project was completed ahead of time and within bUdget.
. Past experience In Neighborhood Infrastructure Improvement Projects. RIC-MAN
international has completed more than 6 neighborhood infrastructure improvement
projects,
. Design and Construction Project Management expertise, with the necessary support
to maintain technical progress and implement manpower adjusbnents as required as
required by the City during the length of the contract.
. They will provide a results-oriented team with highly qualified Engineers and
Contractors,
. Contract coordination; as shown in the Washington Avenue project, keeping on-
going communication through-out the life of the project with the City of Miami Beach
Project Manager and Hazen and Sawyer the City's Program Manager.
. APCTE's commitment to this project by assigning Mr. Carlos M. GiI-Mera, PE., one
of the Principal's of APCTE as the Design Project Manager, Mr, Mera will be involved
from the Notice to Proceed (NTP) throughout the design and Into the construction
phase.
REFERENCES:
The City's Procurement Division secured a Kroll Financial Data Report which shows that
RIC-MAN International, Inc, has been in business since 1982 as a General Contractor in the
State of Florida, Their Tradeline and Financial Status is stable, and there are no Public
Records Filings (Lawsuits) or any complaints through the Beller Business Bureau.
521
Commission Memo
Invitation to Bid (ITB) No. 36-05/06 for Oesign/Bulld Services for Neighborhood No. 7 - Neutilus Right-of-Way Infrastructure
Improvement Project
October 11, 2006
Page 8 of 11
The following references are provided by previous clients of RIG-MAN Intemational. Inc,
Mr. Dan Pollio, Project Manager
City of Plantation
Tumpike and Sunrise Boulevard Project
"I would have no problem in working with Ric-Man in any other project I oversee"
Mr. Pat McGregor, Project Manager
Broward County, Florida
Washington Park Watermain Replacement and Stormsewer Improvements
"Worked well with residents to minimize complaints"
Mr, Russell White, Public Services Manager
City of Tequesta, Florida
Watermain Replacement and Drainage System Improvements
"I would hire them again"
Mr. Steve Lucas, Project Manager,
Suffolk Construction
Streetscape Improvement Projects
"Excellent Contractor, Albert Dominguez was always helpful"
CONCLUSION
The Administration recommends approval of the attached Resolution accepting the
recommendation of the City Manager pertaining to the Ranking of Bids raceived, authorizing
the Administration to enter into negotiations with Top-Ranked Contractor of Ric-Man
International, Inc., the Lowest and Best Bidder pursuant to Invitation to Bid (ITB) No. 36-
05/06, for Design/Build Services for Neighborhood No. 7 - Nautilus Right-of-Way
Infrastructure Improvement Project; and should the Administration not be able to
successfully negotiate an Agreement with Ric-Man International, Inc., authorizing the
Administration to enter into negotiations with the second-ranked Contractor of Lanzo
Construction Company,
T:IAGENOA\2006\ocl1106IRegularllTB-36-05-06A-Nautilus-MEMO.doc
522
Commission Memo
Invitation to Bid (ITB) No. 36-05/06 for Design/Build Services for Neighborhood No.7 - Neutilus Right-of-Way Infrastruc:tura
Improvement Project.
October 11, 2006
Page9of11
ATTACHMENT "A"
w W 511 ST.
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- BISCA YNE . -
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W. :57 ST.
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NEIGHBORHOOD No. 7 - NAUTIlUS ROW IMPROVEMENlS PRD.ECT
CITY OF MIAMI BEACH
LOCA TlON MAP
523
Commission Memo
Invitation to Bid (ITB) No. 36-lJ5I06 for OeslgnlBulld Selvlces for NeighborhOOd No.7 - Nautilus Right-of-Way Infrastructure
Improvement Project
Octobar 11, 2006
Paga10 of 11
DB PM Ouestions
September t 8, 2006
ATTACHMENT "8"
IDterview IDstmetioDs
Give questions to the person being interviewed at the beginning of the interview session.
Repeat eaclJ question twice. Ask clarification questions if the interviewee docs not
answer the question to the satisfaction of the interviewers. Refrain the answering of
questions to the interviewed person. If more than one key person is interviewed, keep the
se<:ond individual outside of the interview room Wltil it is their turn. Rate the interviewed
penon with the accompanying rating sheet. Answers should be short. Instruct the
interviewed person that the interview time is only 20 minutes.
JDtvvlew Time
20 minutes maximum
Ouutloq.
t. Are you comfortable with the tact that your answers here in this intcrview will
become a part of your quality control plan and contract?
2. What design-build experience qualifies you to work on this project?
3. What similar projects have you worked on?
4. What is unique about this project?
5, What will you do differently on this project than previous projects that shows
personal and company continuous improvement?
6. What will you do differently from other contractors on Ibis project?
7. What are your personal goals on this project?
8. From studying the requirements oflbis project, what do you see as the five largest
risks in this project, and how will you minimize the risk8?
9. How will you verify and justify the prices for the contract using baselines, other
project costs, best value bids?
10. How will you select your critical subcontractors?
11. Me you willing to select your critical subcontractors based on best value and not low
price?
524
Commission Memo
Invitation to Bid (ITB) No. 36-05106 for DesignlBulld Services for Neighborhood No.7 - Nautilus Right-of-Way Infrastructure
Improvement Project
October 11, 2006
Page 11 of 11
12, How will you minimize the chance of change orders once the contract is awarded?
13. Are you willing to do a prep1anning and quality control plan before tbe start of the
project, and before I1OI\Struction begins?
14. Are you wiI1in& to take control of the project, and minimize the risk of
nonperfonnance of all participants, even the ones who you do not have direct control
over?
] S. Are you willing to send in a weekly risk report listing status and unfureseen risks,
measuring your performance based on your own schedule and cost plan, and
identifYin8 the best methods to minimi7-ll the risk?
16. Do you undenitand that the quality control plans (schedule, milestones, prioritized list
of risks and minimization of risks, and QA plan) will be in your contract?
17. Are you willing to minimize the risk ofnolipClfu.w4I1ce of participants who are
beyond your control, which includes proper coordination and preplanning?
18. Draw out the major activities during the design-build project with approximate time
frames. Also identify the major decision points and risks in the project. You have
_ minutes to answer this question.
525
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATION TO ENTER
INTO NEGOTIATIONS WITH THE TOP RANKED CONTRACTOR OF RIC-MAN
INTERNATIONAL, INC., THE LOWEST AND BEST BIDDER PURSUANT TO
INVITATION TO BID (ITB) NO. 36"()5/06, FOR DESIGN/BUILD SERVICES
FOR NEIGHBORHOOD NO. 7 - NAUTILUS RIGHT-DF -WAY
INFRASTRUCTURE IMPROVEMENT PROJECT; AND SHOULD THE
ADMINISTRATION NOT BE ABLE TO SUCCESSFULLY NEGOTIATE AN
AGREEMENT WITH RIC-MAN INTERNATIONAL, INC., AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE SECOND
RANKED CONTRACTOR OF LANZO CONSTRUCTION COMPANY; AND
FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS.
WHEREAS, the City requires the services of a Design/Build Firm (DBF) for the
design and construction of the Neighborhood No, 7 - Nautilus Right-of-Way Improvements
Project (the .Project"); and
WHEREAS, the DBF will be responsible for the design, construction, and
construction management associated with the work related to earthwork, roadway
narrowing, milling and resurfacing, driveway paving, sidewalk construction; water main
installation and water services relocation; storm drainage infrastructure installation;
roadway lighting and streetscape/planting improvements; and
WHEREAS, the proposed improvements to be performed for this Project are based
upon the Basis of Design Report for Neighborhood No.7 - Nautilus, prepared by the City's
NE consultant, Reynolds, Smith and Hills, Inc.; and
WHEREAS, ITB No, 36-05/06 was issued on June 23, 2006 with a Pre-Bid meeting
held on July 20, 2006; and
WHEREAS, BidNet issued bid notices to 206 prospective bidders, resulting in 50
proposers requesting the ITB document, which resulted in the receipt of bids from the
following contractors:
. Lanzo Construction Company Florida;
. Magnum Construction Management Corporation (MCM);
. Ric-Man International, Inc.; and
WHEREAS, the City Manager via Letter to Commission (LTC) No. 207-2006,
appointed an Evaluation Committee consisting of the following individuals:
. Karen Rivo, Neighborhood Leadership Academy, Miami Beach Resident (Chair)
. Sara Gutierrez, General Obligation Board Oversight Board
. Femando Vazquez, PE, City Engineer, CMB Public Works Department
. Keith Mizell, Project Manager, Capital Improvement Projects Office (CIP)
. Jo Admundsson, Neighborhood Leadership Academy, Lakeview Home Owner
Association Member; and
526
WHEREAS, on September 18, 2006, the Committee convened and were provided
the Project scope of work information by Mr. Bert Vidal of Hazen and Sawyer, the City's
Program Manager; and
WHEREAS, the Committee utilized a two-step selection process, as required for
design-build contracts pursuant to Section 287.055 (9) (c) (2), Florida Statutes; with the
first phase consisting of the qualitative criteria, and the second phase consisting of
qualitative and quantitative criteria (overhead and profit percentages); and
WHEREAS, the Evaluation Committee evaluated each bidder utilizing the following
qualitative criteria and assigned points:
Phase I: Qualitative Criteria
. Risk Assessment Plan 40 points
. Past Work Performance Evaluation Surveys 35 points
. Qualifications of Firm 25 points
. Maximum Point Total 100 points; and
WHEREAS, after the Committee had ranked all three (3) bidders as part of the
Qualitative Phase 1, the ranked bidders proceeded to the next qualitative evaluation step,
the Personnel Interviews (Phase 2), worth 45 points, and kept the points allocated by the
Committee during Phase 1; and
WHEREAS, immediately after the completion of the Qualitative Criteria scoring
(Phase 1 and 2) by the Committee, as part of the Quantitative Criteria (Phase 3), worth 35
points, the Procurement Director publicly opened the sealed price proposals and sealed
overhead and profit percentages, which are as follows:
. Lanzo Construction Company
Bid Price:$27,142,025,OO 15% overhead and 10% profit
. MCM Corp,
Bid Price:$42,305,025.00 5% overhead and 10% profit
. RiG-Man International, Inc.
Bid Price:$27,110,221.00 10% overhead and 12% profit; and
WHEREAS, upon completion of the Quantitative Phase 3 scoring, the Committee
added both the qualitative and quantitative scores to arrive at a final grand total score
which was used to rank the three (3) bidders; and
WHEREAS, upon completion of the qualitative and quantitative scoring the
Committee arrived at consensus and ranked accordingly:
RiG-Man Intemational, Inc. (Ranked 1st)
Lanzo Construction Company (Ranked 2nd)
MCM Corp. (Ranked 3rd); and
WHEREAS, the City Manager has reviewed the Evaluation Committee's
recommendation, and recommends that the Mayor and City Commission accept the
527
Committee's recommendation, relative to the ranking of firms pursuant to ITB No. 36-
05/06.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission accept the recommendation of the City Manager pertaining to the ranking of
bids pursuant to Invitation to Bid (ITB) No. 36-05/06, for Design/Build Services for
Neighborhood No.7 - Nautilus Right-of-Way Infrastructure Improvement Project; authorize
the Administration to enter into negotiations with the top-ranked contractor, Ric-Man
International, Inc., as the lowest and best bidder; and should the Administration not be
able to successfully negotiate and Agreement with Ric-Man International, Inc., authorizing
the Administration to enter into negotiations with the second ranked contractor of Lanzo
Construction Company; and further authorizing the Mayor and City Clerk to execute an
Agreement upon conclusion of successful negotiations.
PASSED and ADOPTED this _ day of
,2006.
ATTEST:
MAYOR
CITY CLERK
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECIJTI()N
4:J:~
T:IAGENDA120061oc11106\RegularlITB-36.Q5-06A-Nautilus-RESD.doc
528
OFFICE OF THE CITY ATTORNEY
~ tfJ1Oum;~
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R
D
A
JOSE SMITH
City Attorney
-
Telephone: (305) 673-7470
Facsimile: (305) 673-7002
COMMISSION MEMORANDUM
DATE: October 11, 2006
TO: MAYOR DAVID DERMER
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JORGE GONZALEZ
FROM: JOSE SMITH D __U
CITY ATIORNEY~ .
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, REAFFIRMING THE CITY OF MIAMI BEACH'S
CULTURAL AND BUSINESS EXCHANGE PROGRAM WITH CIllNA AS
SERVING A PUBLIC PURPOSE, AND AUTHORIZING THE ACCEPTANCE OF
DONATIONS MADE TO THE CITY FOR Tms CITY PROJECT AND FURTHER
ACCEPTING FUTURE DONATIONS FOR THIS PURPOSE, SUBJECT TO
RATIFICATION BY THE MAYOR AND CITY COMMISSION; AND
AUTHORIZING THE CITY MANAGER OR IDS DESIGNEE TO MAKE SUCH
EXPEDITURES AND/OR REIMBURSEMENTS FROM THE AFORESTATED
DONATIONS, AS WELL AS FUTURE DONATIONS, IN FURTHERANCE OF AND
CONSISTENT WITH THE AFORESTATED CULTURAL AND BUSINESS
EXCHANGE PROGRAM.
The Miami Beach City Commission has authorized Vice-Mayor Jerry Libbin to work on a cultural and
business exchange program with China, which program is to involve minimal use of City personnel and be
at no expense to the City. The City Commission authorized this exchange program in Order to promote art,
cultural, educational and business/tourism exchanges between the City of Miami Beach and Beijing, in
recognition of the public benefit resulting therefrom.
The attached resolution formally reaffinns the public purpose for this cultural and business exchange
Agenda Item
1700 Convention Center Drive - Fourth Floor - Miami Beachi Date
529
R7E
{o- 1l-oC,
e MIAMI BEACH
City of Miami leach, 1700 Convenlion Cenler Drive, Miami Beach. Florida 33139, www.miomibeochfJ.gov
PROCUREMENT Division
Tel: 305-673.7490, Fox: 305-673.7851
INVITATION TO BID (ITB) NO. 36.05/06
ADDENDUM NO.1
August 9, 2006
FOR DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.7 - NAUTILUS RIGHT .OF. WAY
INFRASTRUCTURE IMPROVEMENT PROJECT Is amended as follows:
I. CHANGE: The deadline for receipt of bids from August 15, 2006 to August 24,2006
at 3:00 p.m.
II, ADD: The Design Build Firms that will be shortlisted by the Evaluation Committee
shall be prepared for interviews on August 30. 2006, All key staff shall attend. The
key staff include, an Officer of the Design Build Firm, the Lead Construction Manager
(the person in the field) and the Lead Design Effort Manager (the lead person from
the lead design firm responsible for COOrdinating the entire design effort)
III. A subsequent Addendum (No, 2) will be issued to answer questions from prospective
bidders,
Contractors/Firms are required to acknowledge receipt of this Addendum NO.1 on Bid Page 158,
"Acknowledgement of Addenda",
CITY OF MIAMI BEACH
Gus Lopez, CPPO
Procurement Director
je
F:\PURCI$ALLIRomanlblds\06UTB 36-05-06A 1.doc
We ore committed 10 providing excellelll public service and 50fety 10 011 who /ivtt, work. and ploy in aUI ~.jb(anf, Ilopicol. hiSloric commllnity.
<e MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
PROCUREMENT Division
Tel: 305-673.7490, Fax: 305-673-7851
INVITATION TO BID (ITB) NO. 36-05/06
ADDENDUM NO.2
August 15, 2006
FOR DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.7 - NAUTILUS RIGHT-OF-
WAY INFRASTRUCTURE IMPROVEMENT PROJECT is amended as follows:
I. Final deadline for questions in reference to this bid has been scheduled for August
17,2006 by 5:00 p.m.
II, In response to requests for additional information received from prospective
Contractors by the Administration, the subject ITB is hereby amended as follows:
1. Q. In your Invitation to Bid package for the Design/Build Services for Neighborhood
No. 7- Nautilus project it lists that the construction contractor must hold
prequalification from the Miami Dade Business Development Department in
the following categories:
1. Grading
2. Drainage
3. Paving
4. Fencing
5. Grassing, Seeding, and Sodding
6. Landscaping
7. Pavement Markings and Roadway Signing
However, DBD only pre qualifies CBE firms for those categories. Only small
firms have those pre qualifications. Most large construction firms will not have
those pre qualifications from DBD. Please review this requirement and advise me
if there will be any changes to this requirement.
A, The bidder must submit documentation with its bid that the Construction
team members are certified or licensed by the State of Florida Department
of Business and Professional Regulation, for the categories listed above.
2. Q. As we understand it now, we provide the reference list of our former clients and
their representative/contact and then forward to them the survey form and profile
tab. This is where we are confused. The profile tab looks like it is for the
subcontractors used on the job. If so, are we to contact each of the
subcontractors or is the client supposed to do this. And once said contact is
made, what information are we supposed to obtain? Are we looking for the
surveys from the subs/vendors or are we looking for completed client surveys
from them. We simply do not understand this process. Please clarify.
A. For each team component that the City has requested past performance
information on, a reference list and profile should be submitted to the City.
The profile tab should identify the role the individual will perform and be
completely filled out.
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The former client should be forwarded the appropriate performance
evaluation survey (designer or contractor) with the name of the project,
name ofthe former client's representative, the name ofthe company(s), and
or individual(s) in the appropriate places. After completing the rating the
former client should forward the performance evaluation survey directly to
the City of Miami Beach, Procurement Department.
3. Q. To what extent can we rely on the Conceptual Documents during the Bid
Process? For example, during final design by the DB firm it is determined that a
substantial increase in injection wells is required. Would the City accept change
orders for the increase?
A, As noted under Section 01000, Article 2(a), the conceptual Stormwater
drawings show 55 gravity drainage wells and 10 pressurized drainage
wells. The Bidder's price should be based on this quantity of wells.
However, it should be noted that the design drawings are conceptual in
nature and it is the responsibility of the DB Firm to review, revise and
finalize the design to meet specified performance criteria and jurisdictional
permitting requirements as per Section 01000, Article 1.02(2)(a), Any
adjustments to construction cost that may arise from a final design which
deviates from the conceptual plan will be addressed in accordance with
requirements of the Agreement
4. Q. Spec section 02662 (Part 1.02, paragraph C,) indicates, "Not all existing water
and fire service connections to be installed or transferred are shown on the
conceptual drawings. Can the City include an allowance forthis cost since there
is not enough time to verify and locate all the connections and transfers prior to
bid date?
A. Bidders shall assume that each individual parcel of property requires one
service connection.
5. Q. Please review and advice the attached Request for Information (RFI) No.1.
Please clarify the following comments/questions with the City of Miami Beach:
a) It is our interpretation that the Equal Benefit Ordinance doesn't apply to
Engineering, Architect and Surveying according to page 24. Is our
interpretation correct?
A, The City's Equal Benefits Requirements Ordinance does not apply to the
acquisition of professional architectural, engineering, landscape
architectural, or survey and mapping services procured pursuant to
Chapter 287,055, Florida Statutes (the Consultants' Competitive Negotiation
Act (CCNA)). The CCNA exemption to the City's Equal Benefits
Requirements applies for the selection of the aforementioned professional
services.
Since this Invitation to Bid (ITS) is not for the acquisition of said
professional services pursuant to the CCNA requirements, the City's Equal
Benefits Requirements Ordinance applies.
We are commilled !,"" (),'.)v"..kJf_: "',','f',,'P;d t.)lJ-,I'"
"";.i ;>(l'p.'i .'c', "~if
V.,'}I;', CI,'j,.~ ':"'U: in ,~lI,' 'v.;i.,',-I,'i,'. 11",cJ,'coi h':..;I,)r;( -,-,:>n,munil/
b) On page 26: "Declaration Non Discrimination in contracts and benefits".
Does this declaration apply to this project only or all other City's Projects?
A. Only to this project,
c) Please clarify the following aspect: On page 33 (first paragraph): "A
staffing plan has illustrated the key elements of the organizational
structure proposed to accomplish the management, design, construction,
inspection and administrative services". Also, on page 75 (paragraph 1
.15): The DESIGN CRITERIA ENGINEER shall also be responsible for
reviewing and providing construction administration and full time
observation services, in support of the city... "Does Design Build Firm
need to provide "inspections" or is the City responsible for this aspect?
A. The City will provide a full-time Resident Project Representative for
observation services through the DCE to monitor general compliance with
the intent of the design by the DB Firm, However, the DB firm shall provide
its own inspection and testing services as necessary to meet specified
contractual and jurisdictional Agency requirements.
d) Are there any addendums to this project? We have checked on the web
site of City of Miami Beach and there are no addendums as of July 28,
2006.
A. This is Addendum No, 2, Addendum No, 1 was issued on August 9, 2006.
e) Is the City providing sign seal survey and CADD files to be used for the
final design?
A. As noted in Section 01000, Article 1.02D(1)(a) the City will provide a signed
and sealed survey. As noted under Volume 2, Attachment B this final
signed and sealed survey set and an electronic copy can be obtained from
the City's Procurement Office upon request; please contact the
Procurement office at 305.673.7490, Please note thatthe Design-Build firm
shall review and amend and provide an updated signed and sealed survey,
as needed to meet the requirements of the scope of work specified in the
DCP.
f) Attachment A-1 is missing from the provided Design Criteria package.
Please request from the City.
A. As noted in Volume 2, Attachment A-1, please contact the City's
Procurement Office at 305.673.7490 to obtain a copy of the Design
Standards Manual.
g) Plan Sheet No. PG&D 058 is missing from the provided Design Criteria
package. Please request from the City.
A. Please note that there is no Drawing No. PG&D 058.
h) Attachment B sign seal survey and electronic file are missing from the
provided Design Criteria package. Please request from the City.
A. Please reference the response to Item 5e) above,
\I'Ve ale committed ,',:" 1.".,)\,,6,".'-1 2.'.~..t",',"e!.;1 puh,i,',- 'el\.;(:~' ";r 'j -'n,'"+,, ',) <.:,1 .....h, '-".'''' D,' .j I'iil:"' ,'/1 our ',',hri),', I",p',:(:,' l1i,"IOI'( ,:,"n,!'H/nil\
i) Is the City providing all the Right-of-Way required to construct the project,
such as easements shown on Attachment C-3?
A. Right of Way will be made available to the DB Firm in accordance with the
requirements set for in the DCP, particularly with regard to construction
sequencing restrictions noted in Section 01010. Any easements required
for the performance of the work shall be the responsibility of the DB Firm.
The City may assist the DB Firm in acquisition of such easements at its
own discretion.
j) Under Attachment 0-2 Water Service Relocations: If the property owner
does not provide authorization, then what would the contractor needs to
do? Also, is the City providing signal seal surveys indicating easements?
A, Section 15180, Article 1.01 applies to the procedures thatthe DB Firm is to
follow with respect to acquiring water service relocation authorizations
from non-responding residents Once the DB Firm has demonstrated due
diligence in complying with these requirements, in the opinion of the City,
but still is unsuccessful in procuring requisite releases, the City will assist
the DB Firm with this effort, A listing of all authorizations received to date is
noted in Attachment D-2, Any easements required for the performance of
the work shall be the responsibility of the DB Firm. The City may assist the
DB Firm in acquisition of such easements at its own discretion.
k) The provided survey is missing topographic elevations, east of Biscayne
Waterway. Is City providing missing information or would that be part of
the Design Build team responSibility to acquire?
A, This is a Design-Build Firm responsibility. Please reference Section 01000,
Article 1.020(1 )(a) for further details,
I) Please clarify a discrepancy in the Evaluation Criteria between page 36 of
RFP and page 23 of Design Criteria package.
A. Cannot find a Page 23 of the Design Criteria Package. Is this referencing
Page 23 of the ITB? If so, there is no reference to evaluation criteria on that
page.
m) Please clarify a discrepancy in the Schedule of Bid Prices between RFP
and the Design Criteria package.
A, The Schedule of Bid Prices shown on Page 57 of the ITB appears correct.
We are unaware of any other Schedule of Bid Prices document in the
Design Criteria Package. Utilize the Schedule of Bid Prices Form in the ITB,
page 57.
n) Is City providing benchmark and baseline information?
A. Please reference Section 01000, Article 1.02D(1)(a) for clarification.
VVe are commiJ/ed I,' "rC....iLIer':_! ",,'ie',' ,.:,,,j"', "~','\'I<" (H'~.~' :',~l't"r\
'-','0. ,,', (~i" ",Ir,n(1!, II,_-,';.;.,cui, /1!"Ic'lic e':l.'lII'I,ml!)
6. Q. The specification section 00300 (Instruction to bidders) under item 18 indicate
that "All bidders shall complete and return, with their bid, the "Declaration: Non
discrimination... .. firm does not discriminate in the provision of Benefits between
employees with Domestic Partners....." Does this also apply to the
subcontractors?
A, No. This applies only to the Design Build Firm that the City will enter into a
Contract/Agreement with.
7. Q. Will Conceptual design AutoCAD files be available on Bid Net in order to quantify
the project cost?
A, The City's Procurement has pdf files for all AutoCad drawings and the
Conceptual Specifications, please contact the Procurement Department at
305,673,7490,
8. Q. Spec Section 02713 (Water Distribution System) does not address inspections.
Who will inspect the Water Main?
A. Please reference the response to Item 5c) above.
9. Q. Please provide the scope of services from RS & H (DP) during the Design Build
process.
A, The City is of the opinion that the role of the DCE is clearly defined
throughout the DCP, If more detail is required, please provide specific
item(s) for clarification.
10. Q. Reference list Excel is not available from BidNet as indicated on page 38 of the
specifications.
A. Please see the Excel Reference List. (Attached). If you prefer to download
the excel file for the reference list, it will be attached to BidNet as an
attachment.
11. Q. How will the value of Risk Assessment be evaluated in the Bid?
A. The Risk Assessment Plan will be anonymously rated by the evaluation
committee in the first evaluation committee meeting. The scores received
for the Risk Assessment Plan, the Performance Evaluation Surveys, and the
Qualifications of the Firm will carry over to Phase 2 of the Qualitative
Criteria, with the only additional score to be received for Phase 2 being that
of the scores received for the Interview process, which has a maximum of
45 points.
12. Q. Is the Professional Liability Insurance Project Specific or General?
A. The Professional Liability Insurance is "Project Specific". Please see Article
50, Paragraph 50,05,01, Page, 116 of the Bid Documents.
13. Q. As of today, we have submitted a total of 11 RFI's (RFI #4 with 14 questions from
ConsulTech) and are awaiting response. Also, we still have not still received the
addendum as mentioned during the pre-bid conference, nor has the "Reference
List" been made available on Bid Net as stipulated in the RFP.
It was also mentioned in the pre-bid that the auto CADD files would be made
available on Bid Net. This would facilitate quantifying the project for a more
accurate price for the City.
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As time is very short and we are dealing with a procurement process new to all
parties, we respectfully request a time extension for the bid package submission.
A. The deadline for receipt of bids is August 24, 2006, at 3:00 p.m as
noted in Addendum No.1. Please reference response to Item 7,
14. Q. How can I obtain a digital copy of the presentation showed at the meeting?
A. The presentation is available for viewing and/or downloading at the
Following websiteaddress:
http://www.miamibeachfl.gov/newcity/depts/purchase/bidintro.asp
15. Q. How can I obtain a copy of the attendance sign in sheet?
A, A copy of the Sign-In Sheet is included in this Addendum, (Attached)
16. Q. Need clarification in the process regarding the performance evaluation surveys.
A, For each team component that the City has requested past performance
information on, a reference list and profile should be submitted to the City,
The profile tab should identify the role the individual will perform and be
completely filled out, The former client should be forwarded the appropriate
performance evaluation survey (designer or contractor) with the name of
the project, name of the former client's representative, the name of the
company(s), and or individual(s) in the appropriate places. After completing
the rating the former client should forward the performance evaluation
survey directly to the City of Miami Beach, Procurement Department. For
short listed firms the individuals interviewed must have submitted the
required past performance information.
17. Q. Volume 2A ofthe Design Criteria Package shows Attachment A-1 (General ROW
Program Design Standard Manual), A-2 (Comprehensive Stormwater
Management Master Plan), A-3(Water System Master Plan), A-4 (Basic of
Design Report Nautilus Neighborhood No.7) and Attachment B (Topographic
Survey). These attachments have a note that indicates to contact Hazen and
Sawyer, P.C. at 305.532.9292 to obtain a copy; however, they have responded
that we must contact Mr. Gus Lopez from City of Miami. Due to the cone of
silence ordinance we are hereby requesting copies of these attachments.
A, An electronic copy of the Manual was delivered to Procurement, and is
available upon request; please contact the City's Procurement office at
305,673.7490.
18. Q. Spec section 01000 (Professional Services) paragraph 1.02-D-3-c (page 01000-
5) reads "....The Design/Build Firm shall coordinate its effort with the Design
Criteria Engineer, Program Manager and the City in obtaining the consent of the
registered owner of the properties prior to commencing work. However, should
the owner decline to consent what plan of action is the contractor to take?
A, Please reference the response to Item 5j above.
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19. Q. Spec Section 01010 (Summary of Work) paragraph 1.06-D-3 (page 01010-4)
reads, "In no case shall more than 200 linear feet of roadway in a phase be under
construction at one time in the right of way." Does this mean we are to complete
a 200' section in its entirety (ie. Drainage, water main, injection wells,
landscaping, lighting, milling, paving and marking)?
A, All work must be completed (with the exception of the final lift of asphalt
and landscaping), before moving on to the subsequent 200-ft section,
However, multiple work crews will be considered as noted in Section 01010.
The final lift of asphalt and landscaping shall be installed to establish
substantial completion for a complete phase.
20. Q. Under the Invitation to Bid (Table of Contents item 00600: Contract) page 82,
Article 6 Completion Date, paragraph 6.03 indicates that the work must be
substantially completed within 1,120 calendar days and completed 30 days
after substantially accepted from the Design Criteria Engineer. .
In addition, Spec Section 01010 (Summary of Work) paragraph 1.06-E (page
01010-6) reads:"Substantial Completion...shall be achieved within 1,120
calendar days of the Notice-to-Proceed. Also, paragraph 1.06-F (page 01010-
6)reads: "Final Completion... shall be achieved within 1,210 calendar days ofthe
Notice-ta-Proceed. Therefore, there are 1,180 calendar days to substantial
completion and 30 days for Final Completion or there are 1 ,120 calendar days to
substantial completion and 90 days for Final Completion.
A, Substantial completion for the entire project is in 1120 calendar days.
Establishment of Substantial Completion by phase may be considered as
noted in Section 01010.
21.Q. DoesCCNAapply?
A. Only the requirements set forth in Section 287.055 (9), Florida Statutes.
22. Q. Must CCNA criteria be included in the qualitative section?
A, Pursuant to Section 287.055 (9), Florida Statutes, the City must award
design-build contracts in accordance with the procurement laws, rules, and
ordinances applicable to the City. The qualitative criteria will be based on
the criteria stated in the Bid Documents, (Risk Assessment Plan,
Performance Evaluation Surveys, and Qualifications of Contractor & Key
Personnel)
23. Q. How does the sunshine law affect the timing of the bid opening? And the
opening of the risk assessment plans?
A. The Government in the Sunshine Laws allows for any individual to attend
any duly notice public meeting including the bid opening. However, the
City may elect to exercise an exemption to the Public Records Act, whereby
10 days after the bid opening, or when a decision is made, the review,
inspection, or photocopying of records will not be permitted.
24. Q. Can we schedule the first committee meeting with in 10 days to ensure the
anonymity of the RAPs?
A. Yes, it is anticipated that the Evaluation Committee will convene on August
29, 2006.
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25. Q. Can the bid bond be released for all other bidders besides the short listed or
should we wait until the commission accepts the committee recommendation?
A, 1) Bid Bonds will not be released prior to the conclusion of the initial
Evaluation Committee Meeting. 2) Based on the Evaluation Committee's
recommendation, bid bonds may be released to all firms not recommended
for short listing. 3) Those firms not recommended by the Evaluation
Committee/City Manager to the City Commission for negotiations and
possible contract award, may also request that the City release their bid
bond. 4) Should the City Commission approve the recommendation of more
than one firm for negotiations, bid bonds will not be released to the
remaining recommended firms, until negotiations are successful and the
City has executed a contract with the top-ranked or subsequent ranked
firm.
26. Q. Will Hazen & Sawyer participate by presenting their analysis of the requested
information in the ITS? (Equipment, personnel, etc.)
A. Yes, Hazen & Sawyer has assisted in developing the questionnaire, and will
sit in on the interviews, However, they will limit their input to explaining and
assisting the Evaluation Committee in understanding the questionnaire.
Because many of the Firms that will be teaming with contractor's on this
bid, are direct competitors of Hazen & Sawyer, they will only offer standard
general consultation discussions regarding scope.
27. Q. Who are the contractor personnel that Hazen & Sawyer would recommend be
interviewed?
A, 1) The Lead Construction Manager (the person in the field), and 2) The Lead
Design Effort Manager (the lead person from the lead design firm
responsible for coordinating the entire design effort). NOTE: This is a
revision to the information provided in Addendum No.1, whereby an Officer
of the Design Build Firm would also be interviewed, This is no longer the
case.
28. Q. The water services relocation sketch of the property located on 910 West 471h
street (sheet 76 of 172) is missing the water line dimension on the west side of
the property
A. Any missing/incomplete data in the conceptual document shall be provided
by the DB Firm, The DB Firm shall assume all Design Engineer of Record
responsibilities as noted in Section 01000 to result in a permittable and
constructible design.
29. Q. The paving marking Sheet 223 of 419 (Details) indicates that (under the
major/minor intersections) we will have (on the minor street) a stop/street rare
signs installed at both corners (above stop sign - see R 181 sheet 3). However,
there is no reference for the stop sign (R 181 on sheet 3, not issued) and there is
no marking or symbol indicating the location of the major/minor intersections
signs.
A, Please reference the response to item 28 above,
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30. Q. The paving marking Sheet 223 of 419 (Details) indicates under the minor
intersection note the following: "if the street runs north/south, the street name
sign will be installed on northeast corner above stop sign. If thru street runs
east/west, the street name sign will be installed on northwest corner, above stop
sign"
Is the intent to re-use the existing signs since there is no location of sign on the
pavement marking plans or do we need to provide new signs? (If so, please
indicate sizes.)
A, As noted in Section 01010, the CMB Parking Department provides and
installs its own signage (Section 01010-1,06D (16). However, all other
signage and pavement markings are the DB Firm responsibility, Proper
permitting and coordination of all signage removals and installations is
also a DB Firm responsibility.
31. Q. The paving marking sheet 223 of 419 (Details) indicates under note (**) the
following: "In case where the street dead ends and have no intersecting streets, a
warning sign outlet street? (Please advice and indicate size(s).)
A, Please reference the response to Item 30 above.
32. Q. Bid Item #5 is for the Design and Construction of Irrigation System in remote
areas (4 locations). However, there is only exhibit 01000-1 which only shows an
aerial photo. Is there a scope of work (area(s) to include irrigation system) and a
limit of work for each location (streets and avenues boundaries)?
A. This item is intended to require the DB Firm to plan, design, permit and
construct irrigation systems for the four noted target areas.
33. Q. Specification Section 01012 (N.I.C. Items), under paragraph 1.02-A indicates that
section "Professional Services" (spec section 01000) specifies the new Irrigation
System. However, spec section 01000 only provides exhibit 01000-1 which only
shows an aerial photo.
A. See response to Item 31 above.
34. Q. Specification section 01000 - Professional Services under paragraphs 1.02-B-4
indicates "the existing Cobra Head fixtures located in the Orchard Park area shall
be removed, stored and relocated..." and paragraphs 1.02-B-4b indicates,
"Currently the Conceptual Plan includes approximately 15 additional Cobra
Head fixtures....." However, the plans only show 3 existing Cobra Head Fixtures
to be relocated and 15 proposed FPL cobra head light to be installed by FPL.
Please clarify quantities on the removal of Cobra Head fixtures and if this scope
of the work if to be performed by FPL in its entirety.
A, Please reference Section 01000, Article 1.02 (D)(4)(a)(b). Refer to the
Demolition drawings (DM001 thru DM055) of the Conceptual Plans for the
location and quantity of existing Cobra Head fixtures to be removed. The
DB Firm shall coordinate the removal and relocation of the existing Cobra
Head fixtures with FP&L. Any missinglincomplete data in the conceptual
document shall be provided by the DB Firm. The DB Firm shall assume all
Design Engineer of Record responsibilities as noted in Section 01000 to
result in a permittable/constructible design.
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35. Q. Specification Section 01000, under paragraph 1.02-D-3-e indicates that an
additional 16,444 linear feet of 8" DIP (not shown on the current Conceptual
Drawings) are to be included by the Design IBuild Firm.
Should this be included as an Allowance?
A, A graphic illustrating the general location of the mains to be designed,
permitted and constructed by the DB Firm is included in Volume 2,
Attachment D-3. The Bidder should include its proposed cost for this work
in its base bid price. An allowance will not be considered,
36. Q. Article 25 (Delivel)l and storage of materials and partial Payment therefore)
states "The City shall not be responsible for any payment andlor reimbursement
for stored materials, either on or off site, except unless approved in writing by the
CITY, following the DESIGNIBUILD FIRM'S written request." Therefore, please
accept this RFI #25 as our written request.
A. The CITY will pay for stored materials. Article 25 is revised to read as
follows: "The City shall reimburse the DB Firm for stored materials.
Suitable storage on site or within a bonded warehouse must be provided by
the DB Firm to qualify for payment",
37. Q. Volume 1, Volume 2 and the Invitation to Bid each has a section "Qualification
Statement Submission", please advice which is the correct "Qualification
Statement Submission".
A. We reviewed the noted documents and found reference to "Qualification
Statement Submission" on Page 31 of Volume 1 and also on Page 31
of the ITB. They appear to be identical, Also, we could not find a
"Qualification Statement Submission" in Volume 2.
III. Please note that the Design Criteria Package is amended as follows:
Volume 2, Division 1, SECTION 01010 - SUMMARY OF WORK, ADD the
following paragraph after Item 1.05B :
C. 63rd Street Flyover Demolition by FDOT. The DB Firm's attention is directed to
the fact that FDOT commenced demolition of the 63rd Street Flyover on May 31 ,
2006 and the work is scheduled to be completed within 13 months by August
2007. Work on the Nautilus ROW project is expected to commence in August
2006 and is scheduled to be completed within 40 months by December 2009.
The work being completed on the Nautilus project may be impacted by
east/westbound traffic trying to take shortcuts to either avoid this area or to go
past it. The DB Firm shall conduct its operations so as to cause minimal impacts
to east/westbound traffic with the work restrictions as noted below.
General Note: Mosttrafficwill back up south of the f1yover, along the northbound
lane of Alton Road. Traffic will try to find shortcuts to either avoid this area or go
past it. Traffic may take shortcuts and may be impacted by the following ROW
improvements:
Shortcut from Alton Road, East on W. 41st Street, North along Pine Tree
Drive or Collins Ave. No planned ROW improvements proposed on 41 st Street.
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Shortcut from Alton Road, east on 47th Street, north along Pine Tree Drive. ROW
improvements proposed on W. 47th Street may impact volume of traffic on Alton
Road. ROW improvements include milling and resurfacing, landscaping,
watermain and stormwater drainage. No work proposed on Pinetree Drive. No
road closures. MOT will include one lane open at all times. This work is specific
to Phase 1 of a three phase project.
Short cuts from Alton Road, west onto Bay Road. Proposed ROW improvements
on North Bay Road are part of Phase 2.
IV, Clarification:
Performance Evaluation Surveys to be submitted shall be for projects that are
completed and substantially completed, as long as completed project responses
account for 50% or more of the total project responses. The Surveys shall
indicate the Project name, whether the project is completed or substantially
completed, as well as the date the substantial and/or the final completion was
achieved.
V. Clarification:
Prospective bidders shall submit the Performance Evaluation Surveys to their
clients that they have provided Construction Services and to their clients that they
have provided ArchitecVEngineering and/or Design Build Services.
VI. Attached please see Commission Memorandum dated October 15,2003. This is the
process utilized for the Washington Avenue Improvements Phases 2, 4 and 5.
(This is for Informational Purposes Only).
VII. Attached please find an Evaluation Survey for AlE Services. Please forward this
Survey to all clients for which your firm provided AlE Services as part of a
previous Design-Build project or Design project. The scores on this Survey will be
added to the score for the Construction Survey that was previously attached in Bid
Document to be returned to the City by your clients to arrive at an overall score for
past performance.
VIII. Additional Addendum will follow with further answers to bidder's questions,
Contractors/Firms are required to acknowledge receipt oflhis Addendum No.2 on Bid Page 158,
"Acknowledgement of Addenda".
CITY OF MIAMI BEACH
~
Gus Lopez, CPPO
Procurement Director
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NAUTILUS DESIGN-BUILD
Additional Information reauested from bidders:
1. To be considered responsive, firms are required to submit a listing of their past
projects to verify their experience in these areas:
-stormwater system improvements: including pump stations, outfalls and resurfacing
- water main improvements: including rear property service relocation work
- right of way and targeted landscaping improvements: new street lighting enhancements and
encroachments
- underground utility locations and conflict avoidance coordination
- community involvement and information activities processes
- procuring all required regulatory permits
- project phasing and identifying residential impacts through complete process
- final design and construction of urban streetscape andlor public infrastructure redevelopment
projects (projects must be over $1 Million).
The projects should be itemized on the project qualifications format and cover sheet provided.
(Attached) The same project can be identified in more than one category. The name of the
project, the project cost, and date the project was completed are required. For each area of
qualification on the coversheet bidders must insert the total number of projects listed that verify
experience in each area.
2. Enclosed within the sealed cost proposal, bidders are required to submit their overhead and
profit percentage.
Additional format:
060814_ Qualifications_Bidder _Spreadsheet
Chanae:
The evaluation procedure has been modified.
EVALUATION COMMITTEE SELECTION
CRITERIA I SELECTION PROCESS
EVALUATION SELECTION CRITERIA
An Evaluation Committee, appointed by the City Manager, shall meet to
evaluate each Bid in accordance with the requirements herein. If further
information is desired, Bidders may be requested, through the City's
Procurement Director, to make additional written submissions or to make
oral presentations to the Evaluation Committee.
The Evaluation Committee will utilize a two-step process pursuant to
Section 287.055 (9) (c) (2), Florida Statutes. The first phase will consist of
the qualitative criteria listed below. The second phase will consist of qualitative and quantitative
criteria (overhead and profit percentage) as addressed below.
The Evaluation Committee shall base its recommendations upon the
fOllowing qualitative evaluation criteria and quantitative (overhead and profit percentage) criteria.
A maximum of 100 points could be assigned to a bidder in each of the phases.
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Phase 1:
The Evaluation Committee shall first evaluate each bidder based on the qualitative criteria no
less than three bidders (in the event that there are less than three firms the Committee shall rank
accordingly). Those ranked bidders shall proceed to the next evaluation step (Phase 2) and shall
keep the points allocated by the Committee during Phase 1.
Phase I: Qualitative Criteria Maximum Points 100
Risk Assessment Plan 40
Past Work Performance Evaluation Surveys 35
Qualifications of Firm 25
Maximum Point Total 100 points
Phase 2:
The Evaluation Committee shall assess the following qualitative and quantitative criteria for each
firm. The Committee shall interview the personnel of no less than three bidders (in the event that
there are less than three firms the Committee shall interview accordingly). The interview process
shall be worth 45 points.
After the Committee submits their ranking of the Phase 2 qualitative criteria, the sealed price
proposals (including the bidder's overhead and profit percentage) of the ranked bidders will be
opened by the City's Procurement Director publicly. The quantitative evaluation (Phase 3) of the
Bid will be based on the bidder's cost proposal and overhead and profit. The maximum points for
quantitative criteria, is 35 points. The Evaluation Committee shall add the qualitative and
quantitative point totals for the ranked bidders. The Evaluation Committee will recommend and
rank no less than three (3) bidders, for award to the City Manager (in the event that there are
less than three firms the Committee shall rank accordingly).
Phase 2: Qualitative Criteria Maximum Points 45
Interview of Personnel 45: (Only additional points added to Phase 1 scores)
Phase 3: Quantitative Criteria Maximum Points 35
Cost Proposal to include Overhead & Profit.
Maximum Point Total 180 points
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Diaaram of the Evaluation Process:
PHASE 1:
1s' COMMITTEE MEETING
PHASE 2:
2nd COMMITTEE MEETING
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Clarification:
Risk assessment plans should identify any risk to the project in terms of cost, time or quality.
Bidders should assume the project will be awarded within budget when developing their Risk
Assessment Plan.
The Risk assessment plan is like a high level business plan. It will regulate the selected best
value contractor's contract.
If a contractor thinks that the project scope cannot be done within the budget, the contractor
must submit the following:
1. How the contractor knows the project is not within scope. This would include high level cost
estimate on major components based on previous projects.
2. Potential ways to bring the project within budget.
3. Problems that would occur within the current budget (ex. Equipment would be lower quality
and may require a high level of maintenance, what contractor would be forced to value
engineer, what residents and CMB would be forced to endure if contractor had to finish within
time, current budget, and expectation or requirement etc.)
If bidders have ideas which would add value to the project, these ideas shall be listed as "Value
Added Options" within the risk assessment plan. Bidders should also quantify the impact of
Value Added Options in terms of cost, time, or quality in their Risk Assessment Plans.
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<9 MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
PROCUREMENT DIVISION
Tel, 305.673.7490, fa" 305-673.7851
INVITATION TO BID NO. 36-05/06
FOR DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.7 -
NAUTILUS RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENT PROJECT
QUALIFICATIONS COVERSHEET
Name of Firm:
Please enter the total number of projects that you have completed that have required experience in each
of the areas below.
NUMBER OF PROJECTS
SPECIFIED AREA OF QUALIFICATION IN SPECIFIED AREA
Experience with stormwater system improvements, including
oumo stations outfalls and resurfacina.
Experience with water main improvements, includin9 rear
orooertv service relocation work.
Experience with right of way and targeted landscaping
improvements, new street lighting enhancements and
encroachments.
Experience with underground utility locations and conflict
avoidance coordination.
Experience with community involvement and information
activities orocesses.
Experience with procuring all required regulatory permits.
Experience in project phasing and identifying residential
imnacts throuah comolete orocess.
Experience in the Final Design and Construction of urban
streetscape and/or public infrastructure redevelopment
oroiects Inroiects must be over $1 Million).
QUALIFICATIONS: PROJECT DETAILS
Name of Firm:
Instructions:
Please enter the details for each project. For each qualification criteria please enter '"YES" or '"NO'" in the appropriate cell for that project. Use
additional sheets if needed and continue numbering your Drojects.
PROJECTINR1. .' PROJECT 1 PROJECTZ PROJECU PROJECT 4 " . PROJECT &
PROJECT~ , '.. ,'. ;; .",'.' it.
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and CanlitucUon of urban:
streetscape llOdi9i:^,puble
Infrastructure f"8dftek)prreot'
projects (projeCta rrust be over
$1Mlionl.
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MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
PROCUREMENT DIVISION
Tel: 305.673.7490 ,Fex: 305.673.7851
PERFORMANCE EVALUATION SURVEY QUESTIONNAIRE
(A/E SERVICES)
Project Name/I.D.:
To:
(Name of person completing survey)
Fax:
Phone:
Subject: Past Performance Survey of:
(Name of Company)
(Name of Individuals)
Rate each of the criteria on a scale of J /0 10, with 10 representing that you were very satisfied (and would hire the
}irm/individual again) and 1 representing that you were very unsatisfied (and would never hire thefirmlindividual again).
Please rate each of the criteria to the best of your knowledge. If you do not have sufficient knowledge of past
performance in a particular area, leave it blank.
Client Name:
Project Name:
Completion Date:
Project Cost:
NO CRITERIA UNIT
1 Ability to meet the customers expectations (1-10)
2 Ability to manage costs (minimal design & construction change orders) (1-10)
3 Abiiity to maintain the project schedule (completed on time or early) (1-10)
4 Comfort level in hiring the firm/individual again based on performance (1-10)
5 Ability to increase value (quality of design) (1-10)
6 Ability to identify and minimize the user's risk (1-10)
7 Ability to close out (proper documents, assisting contractor to perform) (1-10)
8 Leadership ability (minimized the need of owner direction) (1-10)
Please fax the completed survey, no later than the due date and time specified in the solicitation, to the
attention of Roman Martinez at FAX 305-673-7851 or e-mail to RomanMartinez@miamibeachfl.gov.
Thank you for your assistance.
VI,',," n'f' ::nl1l(lIi:i",(l' ,',-, p,',_"",!cf,:',,",' ;-,::,,";-,1':,:,,;1, ,,1',,',-,' ,'f';",,-;ef' e,','ill' ",uie" I,) uii
'" '.'",,-,.'~, ,J "l r:.'o-', 0[;,' VIl""Jn.' 11,~p:(--:.l", ;',:slc)"'. "'-'n~mlir;,-!\-,
Please Fill out only one of the forms below. II this reference list is for a company, please use the Company form on top.
IIthis reference list Is for and indi'oidual, please put their information In the second form below. DO NOT fill out both.
Remember there must be a separate excel file for each indi'oidual participating in the process.
Company
Company Name:
Type:
Point of Contact:
Phone Number:
Fax Number:
Email:
(General Contractor, Mechanical
OR
Individual Name:
Type:
Company Name:
Phone Number:
Fax Number:
Email:
(Project Manager, Site Superintel
VVe ore commilled 10 provid1n,q ;,;.'.celiAn,' pd;,I,:c .'",,' ,.-,," (:nd JJi<?i,.- ,I,) 0,',' evh," .I~,.'". \\:}:l.. ,~.'rd rb" <11 01.'.'- \'.d)((Jfl,I, ;r'J,o,icol 11,'.,101,'( c,-'mmUni,'j
, : T
LIST OF REFERENCE PROJECTS . << ..
PHONE FAX . DATE COST OF
CODE FIRST NAME LAST NAME.. CLIENT NAME PROJECT NAME COMPLETED
NUMBER NUMBER lMMlDDIYVVvl PROJECT
001
002
003
004
005
006
007
006
009
010
011
012
013
01'
015
016
017
01.
019
020
02'
022
023
02'
025
List of reference projects:
For a company the minimum number of references is one and the maximum number of references is 25.
For an indi'v'idual the minimum number of references is one and the maximum number is 10.
Please fax these forms to the attention of Roman Martinez at 305.673~7851 and send electronic copy to Roman Martinez, romanmartinezl'Rlmiamibeachl'l.nov.
I. V", 0'.- (',,-,mn11I,,-0' Ie' pl,'V'i.l'ir~9 8.\ceflE:'n! {willie _':'0, ..,'ce (""el ';UiC'i\. I,) 0..'/ '.-\-,:,,_, :,.,'''' -,,(, ,l:~d I ,,'i~,. In ()Iif '.';hnI1,:' Ir,y;icnl. hidollc cc'JJlIl7)(JI1II~
RESOLUTION NO. 2003-25380
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATION TO
ENTER INTO NEGOTIATIONS WITH RIC-MAN INTERNATIONAL, INC., AS
THE LOWEST AND BEST BIDDER PURSUANT TO INVITATION TO BID
(ITB) NO. 22.02/03. FOR DESIGN/BUILD SERVICES FOR WASHINGTON
AVENUE IMPROVEMENTS PHASES 2, 4 AND 5; AND SHOULD THE
ADMINISTRATION NOT BE ABLE TO NEGOTIATE AN AGREEMENT WITH
RIC-MAN INTERNATIONAL, INC.. AUTHORIZING THE ADMINISTRATION
TO REJECT ALL REMAINING BIDS.
WHEREAS, I nvitation to Bid No. 22-02/03 for Design/Build Services for Washington
Avenue Improvements Phases 2, 4, and 5 (the "Bid") was issued on April 23, 2003 with an
opening date of September 16, 2003; and
WHEREAS, a Design Criteria Package (DCP) was prepared by the City's Project
Manager, Hazen & Sawyer, which includes conceptual construction drawings and technical
specifications for the civil, electrical, and landscaping disciplines; and
WHEREAS, the successful bidder/design buUd firm (DBF) will be responsibleforthe
design, construction and construction management of the water main distribution, sanitary
sewer collection, storm water collection/disposal, irrigation, electrical, curb/gutter, sidewalk,
road reconstruction and asphalt milling/resurfacing of the Washington Avenue
Improvements; and
WHEREAS, five (5) proposals were received by the City in response to the Bid, from
the following firms:
. Burkhardt Construction, Inc.
. Central Florida Equipment
. Danella Construction Corp.
MCM Engineers and General Contractors
Ric-Man International, Inc,; and
WHEREAS, an Evaluation Committee was appointed by the City Manager
consisting of the following individuals:
. Fred Beckmann, Committee Chair, Director, Public Works Department
Brad Judd, Director, Property Management Division
Ronnie Singer, CIP Office, Community Information Manager
Alex ROlandelli, CIP Office, Senior Capital Projects Coordinator
Carla Dixon, CIP Office, Capital Projects Coordinator
Richard Finvarb, City of Miami Beach Resident/Property OWner
. Charles O. Cannello, Hazen and Sawyer, Deputy Program Manager and
Design Criteria Professional (non-voting member); and
WHEREAS, the Committee based its recommendations upon a qualitative
(evaluation criteria) and quantitative (price) criteria. A maximum of 100 points could be
assigned to any Bidder, with a maximum of 60 points for the qualitative criteria and 40
points for the quantitative criteria; and
WHEREAS, the Committee convened on September 26, 2002 and evaluated
proposals, listened to presentations, and provided a question and answers session to all
the finns, and afterwards ranked the firms as follows:
. First: Burkhardt Construction, Inc,
. Second: Ric-man Intemationallnc.
. Third: Central Florida Equipment
. Fourth: MCM Engineers and General Contractors
. Fifth: Danella Construction Corp. ; and
WHEREAS, on the quantitative portion of the selection process the Committee
agreed to only open the price proposals for the top three ranked flnns pursuant to the
process enumerated in the Bid; and
WHEREAS, the ranking of the first, second and third place flnns were detennined
by adding the qualitative score to the quantitative score for each company; the final ranking
detennined by the Committee is as follows:
. First: Ric-Man International
. Second: Central Florida Equipment
. Third: Burkhardt Construction, Inc.; and
WHEREAS, the City Manager has reviewed the Evaluation Committee's
recommendation, and herein recommends that the Mayor and City Commission enter into
negotiations with Ric-Man International, Inc., the lowest and best bidder; and should the
Administration not be able to negotiate an agreement with Ric-Man International, Inc.,
authorizing the Administration to reject all remaining bids: and
NOW, THEREFORE, BE IT DUL. Y RESOL.VED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission herein accept the recommendation of the City Manager and authorize the
Administration to enter into negotiations with Ric-Man Intemational, Inc. as the lowest and
best bidder pursuant to Invitation to Bid (ITB) No. 22-02/03, for Design/Build SelVices for
Washington Avenue Improvements Phases 2, 4 and 5; and should the Administration not
be able to negotiate an agreement with Ric-Man Intemational, Inc., authorizing the
Administration to reject all remaining bids.
PASSED and ADOPTED this ~ day, of
,2003,
~p~
CITY CLERK
~/lSlO
FORM & I.ANGlMGE
& FOR EXECU110N
T:'lAGENDA\2003\oCt'$603vegular\WashingtonAveneueReso,doC
~ IO;l cJJ
1:("'
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
~
-
Conden.ed Title:
A Resolution of the Mayor and City Commission to Accept the City Menegefs Recommandllllon and Authorize the
Admlnlstrlltion 10 enter into Negotiations with Ric-Man International, inc., lowest and besl Bidder, Pursuanllll Bid
22-02103 for Ceslnn-Bulld Services for Washinaton Avenue Imorovements PIl.sas 2 4 and 5.
Issue:
Shall the City Commission Approve the Managefs recommendation.
Item Summarv/Recommendatlon:
Design Build Finn (DBF) will be responsible for the design, construction and conslNction management of the
water main distribution. s.nttery sewer collection, storm water coIlec1ion I disposal, ilTigatiOn, elactrical, curb I
gutter, sidewalk, road reconstruction end asphelt milling I resurfecing of the Washington Avenue
Improvements (the ProJect), The Project limits consist of the Washington Avenue corridor from 5th to
Lincoln Road. A Design Criteria Package (DCP) was prepared by the City's Projact Manager, HaZlln &
Sawyer, which includes conceptual construction drawings and technical specifications for the civil, electrical,
and landscaping disciplines.
An Evaluetion CommlUee (the 'Committee') appointed by the City Manager met on September 26"' . 2003,
The Commtttee based ns recommendetions upon. qualilatlve (evaluation criteria) and quantitative (price)
criteria. A maximum of 100 points could be assigned to any Bidder, with a maximum of, respectively, 60
poInls for the qualitative criteria end 40 points for the quantitative criteria. TIle Committee reviewed tha
materials submitted by each respondent, heard presentations from each firm, and then ranked all firms.
Immediately after ranking ali firms the Committee agreed to open the top 3 firm's price proposals and the
Procurement Director procaeded In doing so, TIle following Is the final tally of all points for the top 3 finns
and the ranking of \hOee firms,
Bur1<hardt Central Florida Ric-Man
Qualttative: 56 43.66 53.50
QuanUlative: 10.92
39.40
83.06
(2)
40.00
93.50
(1)
TOTALS: 66,92
(3)
Advisory Board Recommendation:
I
Financial Information'
Soure. of Amount Account Approved
Fund.: 1
D 2
3
4
Finance DeDi. Total
City Clerk'. Omee Legl.latlve Tracking:
I Gus Lopez, Exl 6641
SI n.()ffs:
Departm.nt Director
GL
T~ RC
Manaller
City Manall.r
JMG
T:\AGE ~503\r9gulllf\W8ahaveawardlum.CIoC
AGENDA ITEM
DATE
R.7t
$-15" -(}!J
CITY OF MIAMI BEACH
CITY HAlL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139
www.miamlbeechfl.gov
COMMISSION MEMORANDUM
Subject:
Mayor David Denner and
Members of the City Commission
Jorge M. Gonzalez ~ ~
City Manager ,#- 0
A RESOLUTION F THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA AUTHORIZING THE ADMINISTRATION TO
ENTER INTO NEGOTIATIONS WITH RIC.MAN INTERNATIONAL, INC.,
LOWEST AND BEST BIDDER; PURSUANT TO INVITATION TO BID (ITB)
NO. 22002/03, FOR DESIGNlBUILD SERVICES FOR WASHINGTON
AVENUE IMPROVEMENTS PHASES 2, 4 AND 5; AND SHOULD THE
ADMINISTRATION NOT BE ABLE TO NEGOTIATE AN AGREEMENT
WITH RIC-MAN INTERNATIONAl, INC., AUTHORIZING THE
ADMINISTRATION TO REJECT ALL REMAINING BIDS.
Date: October 15, 2003
To:
From:
ADMINISTRATIVE RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The City has been pursuing the improvement of Washington Avenue in recognition of its
status as one the City's most important pedestrian and vehicular thoroughfares. A Master
Plan consistin~ of five phases of improvements was developed; Phase 1 , covering the area
from 11111 to 5 Streets and consisting of sidewalk replacement, roadway and drainage
improvements, and the planting of coconut trees was completed several years ago. Phase
3. consisting oflhe reconstruction of the median from 6111 to 16111 Streets to include shade
trees, irrigation, and landscaping, was also completed,
Planning for remaining phases 2, 4, and 5 has been underway for some time. The City has
determined that a design-build approach would be the best method for expediting the
completion ofthese remaining phases ofthe project. The City's typical process begins with
the City hiring an AlE firm to plan and design a project and then a construction firm to build
the project. Under the design-build approach, one project consultant team with both design
and construction expertise and qualifications prepares construction documents and
constructs the project.
For the Washington Avenue Improvement Project, the Design Build Firm (DBF) will be
responsible for the design, construction and construction management of the water main
distribution, sanitary sewer collection. storm water collection I disposal, Irrigation, electrical,
curb I gutter, sidewalk, road reconstruction and asphalt milling I resurfacing of the
Washington Avenue Improvements (the Project). The Project limits consist of the
Washington Avenue corridor from 5th Street to Lincoln Road,
Commission Memo
BID 22~2!03 - Design-Build Services for Washington Avenue Improvements Pheses 2, 4 end 5
Oclober15,2003
Page 2 of 8
A Design Criteria Package (DCP). required by State Statute in a design/build process, for
the Project was prepared by the City's ROW Improvements Program Manager, Hazen &
Sawyer, The DCP includes conceptual construction drawings and technical specifications
for the civil, electrical. and landscaping disciplines, The City has obtained a number of
required project permits from the Miami-Dade Department of Health for water main
construction, from the Miami-Dade Department of Environmental Resources Management
for storm water treatment, and from the State of Florida Department of Transportation for
construction on state right-of-way. Remaining construction design tasks include the
revision I incorporation of the City's master Division 1 technical specifications; sanitary
sewer gravity collector replacement at 6th and 8th Streets; revision I modifications to the
existing conditions along the project limits, curb I sidewalk modifications at the intersection
of Washington Avenue and Espanola Way to incorporate "bump-outs"; landscaping plan
revisions to the Washington Avenue median between 5th and 6th Streets; and plan
revisions to accommodate the City's construction sequence restrictions.
Invitation to Bid No, 22-02103 (the "bid") was issued on April 23, 2003 with an opening dale
of September 16, 2003. A pre-proposal conference to provide Information to firms
considering submitting a response was held on May 8, 2003. This Bid was Issued
simultaneously on DemandStar by Onvia and BidNet. DemandStar issued bid notices to
846 prospective proposers, resulting in 63 proposers requesting Bid packages. BidNet
issued notices to 15 prospective proposers, resulting in 13 proposers requesting bid
packages. These two efforts resulted in the receipt of five (5) proposals, by firms, in
response to the Bid proposal (in alphabetical order):
. Burkhardt Construction, Inc.
. Central Florida Equipment
. Danella Construction Corp.
. MCM Engineers and General Contractors
. Ric-Man International, Inc.
The City Manager via Letter to Commission (LTC) No. 208-2003, appointed an Evaluation
Committee ("the Committee") consisting of the following individuals:
. Fred Beckmann. Committee Chair, Public Works Department Director
. Brad Judd, Property Management Division Director
. Ronnie Singer, CIP Office, Community Information Manager
. Alex Rolandelll, CIP Office, Senior Cepital Projects Coordinator
. Carla Dixon, CIP Office, Capital Projects Coordinator
. Richard Flnvarb, City of Miami Beach Property Owner
. Charles O. Carreno, Hazen and Sawyer, Deputy Program Manager and Design
Criteria Professional (non-voting member)
On September 26. 2003, the Committee convened and was provided with the project
overview and background information by Mr. Charies O. Carreno, Deputy Program
Commission Memo
BID 22-02!03 _ Design-Build Services for Washington Avenue Improvements Phases 2, 4 and 5
October 15, 2003
Page30f8
Manager and Design Criteria Professional, Additionally, the Committee was provided with
references secured by the Procurement staff for each individual firm, They discussed the
following Bid evaluation criteria and the corresponding weights. The Committee based its
recommendations upon a qualitative (evaluation criteria) and quantitative (price) criteria. A
maximum of 100 points could be assigned to any Bidder, with a maximum of 60 points for
the qualitative criteria and 40 points forthe quantitative criteria, The Qualitative criteria and
weights which were used to evaluate and rank the respondents were:
. Qualificetions
e Availability
. Past Work
. References
25 Points
5 Points
20 Points
10 Points
All five firms provided presentations followed by question and answer sessions. During
deliberations, the Committee members discussed their individual scores and ranking of the
five firms and arrived at the following Committee ranking:
Burkhardt Central Florida Danella MCM Enalneers Ric-Man
Fred Beckmann 53 (1) 36 (3) 23 (5) 31 (4) 51 (2)
Brad Judd 51 (2) 49 (3) 39 (5) 45 (4) 57 (1)
Ronnie Singer 60 (1) 48 (3) 30(5) 40 (4) 55(2)
Alex Rolandelli 58 (1) 46 (3) 32 (5) 43(4) 51 (2)
Carta Dixon 54 (2) 53 (3) 41 (5) 49(4) 56 (1)
Richard Finvarb 60 (1) 30 (3) 25 (4) 25 (4) 51 (2)
RANKINGS (1 ) (3) (5) (4) (2)
QUALITATIVE EVALUATION SCORING AND RANKING RESULTS:
. First: Burkhardt Construction, Inc. 336=56 (Points)
. Second: Ric-Man International Inc. 321 =53.5 (Points)
. Third: Central Florida Equipment 262=43.66 (Points)
. Fourth: MCM Engineers and General Contractors 233=38.83 (Points)
. Fifth: Danella Construction Corp. 190=31,66 (Points)
On the Quantitative portion of the selection process the Committee agreed to only open the
price proposals for the top three ranked firms pursuant to the process enumerated in the
Bid,
Immediately after the Qualitative portion of the process was completed, the Procurement
Director publicly opened the sealed Price Proposals for Burkhardt Construction, Inc.,
Commission Memo
BID 22-02/03 - Design-Build Services for Washington Avenue Improvemenls Phases 2. 4 and 5
October 15, 2003
Page 4 018
Central Florida Equipment and Rlc-Man International Inc., the top three ranked firms. The
Committee then ranked the 3 firms according to the bid amount. As stated in the bid
documents, only the Bidder with the lowest bid price would receive the full 40 point total.
The remaining ranked bidders would be allotted a point total based upon a methodology to
be determined by the Evaluation Committee. The Evaluation Committee decided to rank
No.2 and No.3 bidders in the following manner:
(1) Rlc-Man is the lowest bidder at $13.300,000 and received the full 40 points (100%
= 40 points). Remaining points would be assigned according to a percentage
amount that would indicate how far off was the bid amount from the lowest bidder.
(a) The No. 2 bidder Central Florida Equipment had a bid price of
$13.477,245 which is 101.5%, which would equal 1.5 difference in price
from the No.1 bid price.
(b) The No.3 bidder Burkhardt Construction had a bid of$22,971 ,560 which
was 172.70%, which would equal 72.70 difference in price from the No.1
bid price.
(2) The amount differentials for No.2 and No.3 bidder were then deducted from the
100% which gave us an amount of 98.5% for the No.2 bidder and 27.3% for the
No.3 bidder.
(3) These two amounts wens then multiplied by 40 which provided the sum of the
points accessed for Bidder No.2, Central Florida with 39.40 points and Bidder No.
3, Burkhardt Construction with 10.92 points.
The following is the breakdown and the points assessed for each bid:
Ric-Man Intemational
Central Florida Equipment
Burkhardt Construction, Inc.,
$13,300,000.00
$13,477,245.00
$22,971,560.00
40 Points
39.40 Points
10.92 Points
The points were added to the Qualitative portion and the total points were then tallied as
follows:
Burlkhardt Central Florida Ric:-Man
Qualitative: 56 43.66 53.50
Quantitative: 10.92 39.40 40.00
TOTALS: 66.92 83.06 93.50
RANKING: (3) (2) (1)
Commission Memo
BID 22-02/03 _ Design-Build Services for Washington Avenue Improvements Phases 2. 4 end 5
October 15, 2003
Page 5 of8
As indicated, the top-ranked firm was Ric-Man. The following is a summary of Ric-Man's
proposed project team, personnel, sample projects, and references as provide in their bid.
RECOMMENDED PROJECT TEAM QUALIFICATIONS AND EXPERIENCE SUMMARY
Rlc-Man Intarnational, Inc.
Ric-Man Intemational, Inc. is a general contractor that specializes in roadway and
underground construction. They have accumulated approximately 20 years of experience
working on various projects In South Florida. Founded in the Pompano Beach area in
1983. Ric-Man International, Inc. employs 90 people. The staff includes experienced
graduate engineers and building construction managers with local design-build experience.
Each project Is staffed with an experienced project manager with a proven history of
performance for the company.
PBS&J
Post, Buckley, Schuh, and Jernigan, Inc. is Ric-Man's proposed engineering and design
sub-consultant. PBS&J is ranked by Engineering News-Record among the nation's 5th
largest design firms and is ranked 151t1 in the transportation category. The company was
founded in the Miami area In 1960 and since has established presence throughout Florida.
Having 25 Florida offices and encompassing 1.200 qualified professional personnel PBS&J
brings strong resources that can be utilized to provide a successful design-build project for
the City of Miami Beach.
TEAM PERSONNEL (Summary):
. David Mancini: Mr. Mancini will provide oversight management for the Washington
Avenue Project. Mr. Mancini is the Pnssident of Ric-Man International, Inc. and has more
than 27 years of experience in streetscape and underground utility projects.
Ronald Bell: As Project Manager, Mr. Bell will provide day-to-day management of the
project. He will also serve as the primary point of contact with the City personnel. Mr. Bell
is the Director or Operations for Ric-Man International, Inc. He is a certified General
Contractor with more than 30 years of experience and expertise in estimating. scheduling,
project supervision, cost analysis, and damage evaluation.
Remo Lafrate: Remo Lafrate will serve as the designated underground utility
superintendent. Currently, Mr. Lafrate coordinates and supervises construction operations
for Ric-Man's sanitary sewer, water mains, storm sewers, and pump stations, among other
things. Mr. Lafrate's experience encompasses more than 38 years.
Patricia Carney, P.E. (PBS&J): is the designated design manager. She will provide
hands-on direction to the design group for this design-build project. Ms. Camey has more
than 13 years experience In the design and management of major water, wastewater, and
storm sewer facility projects.
Commission Memo
BID 22.02/03 _ Design-Build Services for Washington Avenue Improvements Phases 2, 4 and 5
October 15, 2003
Page 8 of8
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the attached
nssolution which authorizes the Administration to enter into negotiations with Ric-Man
International, Inc.. lowest and best Bidder; pursuant to Invitation to Bid (ITB) No. 22-02103,
for Design/Build Services for Washington Avenue Improvements Phases 2, 4 and 5; and
should the Administration not be able to negotiate and Agreement with Ric-Man
Intemational, Inc., Authorize the Administration to reject all remaining Bids.
T:\AGENOA\2003\od1M3\regular\WashingtonAvenueAnalMemo,doe
CITY OF MIAMI BEACH
PRE-BID SUBMITTAL CONFERENCE
SIGN-IN SHEET
DATE:
RFP NO:
July 20, 2006
ITB No. 36-05/06
DESIGN/BUILD SERVICES FOR
NEIGHBORHOOD NO.7 - NAUTILUS
RIGHT-OF -WAY INFRASTRUCTURE IMPROVEMENT PROJECT
mLE:
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CITY OF MIAMI BEACH
PRE-BID SUBMIlTAL CONFERENCE
SIGN-IN SHEET
RFP NO:
July 20, 2006
ITB No. 36-05/06
DATE:
mLE:
DESIGN/BUILD SERVICES FOR
NEIGHBORHOOD NO.7 - NAUTILUS
RIGHT-OF -WAY INFRASTRUCTURE IMPROVEMENT PROJECT
NAME (PLEASE PRINT) COMPANY - ADDRESS (PLEASE PRINT) PHONE# FAX#
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CITY OF MIAMI BEACH
PRE-BID SUBMITTAL CONFERENCE
SIGN-IN SHEET
DATE:
July 20, 2006
RFP NO:
ITS No. 36-05/06
mLE:
DESIGN/BUILD SERVICES FOR
NEIGHBORHOOD NO.7 - NAUTILUS
RIGHT-OF -WAY INFRASTRUCTURE IMPROVEMENT PROJECT
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CITY OF MIAMI BEACH
PRE-BID SUBMmAL CONFERENCE
SIGN-IN SHEET
RFP NO:
July 20, 2006
ITS No. 36-05/06
DATE:
TITLE:
DESIGN/BUILD SERVICES FOR
NEIGHBORHOOD NO.7 - NAUTILUS
RIGHT-OF -WAY INFRASTRUCTURE IMPROVEMENT PROJECT
NAME (PLEASE PRINT) COMPANY - ADDRESS (PLEASE PRINT) PHONE# FAX#
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(g MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.rniomibeochfl.gov
PROCUREMENT Division
Tel: 305-673.7490. Fox: 305-673.7851
INVITATION TO BID (ITB) NO. 36-05/06
ADDENDUM NO.3
August 16, 2006
FOR DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.7 - NAUTILUS RIGHT-OF-
WAY INFRASTRUCTURE IMPROVEMENT PROJECT is amended as follows:
I. Attached are answers to questions from prospective bidders in reference to the
above subject ITB:
1. Q. Invitation to Bid Section 00100, paragraph 3 (page 13) states: " Design and
relocation of approximately 172 meters......".
Volume 2, Section 01000, paragraph 1.02-D-3-b indicates:.......There are 172
residence affected by the relocation of the service points........... However,
paragraph 1.02-D-3-a indicates:.... ...In addition, the conceptual plans include fire
hydrant assemblies, tie-in ofthe proposed 8-inch DIP water line to the existing at
various locations, and 190 service connections?
Therefore. there are 190 service connections and only 172 residence
connections shown on the documents, Where are the additional 18 service
connections?
A. As the Design-Build Firm, you shall be responsible for finalizing the
documents, the additional 18 connection shall be field verified required.
2. a. Does the City of Miami Beach require a specific Bid Bond Form or is the Surety
Company's standard form acceptable? Please advice...
A. Although there is a form in the ITB document for the bidders convenience,
bidders may use the standard form that will be provided by their Surety
Company.
3. Q. Specification Section 02510 (Concrete Sidewalk, Curb and Gutter, and Valley
Gutter, under paragraph 1.03 (Reference Standards) makes reference to Miami-
Dade County Public Works Manual and FDOT standards. However, sheet 173 of
419 shows five different types of concrete curb and gutters which are not
addressed to any legend on the drawings. Please advice...
A. As the Design-Build Firm is required to complete the design to meet
permittable requirements of jurisdictional agencies, it shall assign requisite
curbing as required to meet this intent of the DCP.
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4. a. In section 01000, paragraph 3e, references to include the design and
construction of an additional 16,444 LF not shown in the Conceptual Drawings.
How many service connections will be required for these additional water lines?
Please advice....
A. The additional water mains to be included are illustrated in Attachment 0-3.
The Design-Build Firm shall assume that one service connection is required
to each property that fronts the main.
5. Q. Sheet 137 of 419 shows proposed brick pavers and specification section 01000-
Professional Services (page 01000-8, paragraph e) refers to a speed table
constructed of brick pavers (located just north of W. 44th Court on North Meridian
Avenue) which shall be 12 feet long by the entire width ofthe roadway. Are there
other locations?
Also, sheet 173 of 419 (Detail), shows sections for concrete paver sidewalks and
cross walks. Is the intent to use Brick Pavers or Concrete Pavers for proposed
pavers shown on Sheet 1377 Please clarify?
Also, no specification for concrete or brick pavers has been provided. Please
provide spec(s), including material manufacturer, color(s) pattern(s), etc.
A. All pavers shall comply with the Design Standards Manual Details CMB ST-
4 and ST -5 as applicable.
6. a. ITB has Schedule of Bid Prices (page 57 in the bid document) that includes six
(6) items/. However, Volume 2 includes Schedule of Bid Prices with (5) items,
please advice which one is to be included with our bid response.
A. The Schedule on Page 57 is the correct bid form to be used and returned to
the City in a Sealed Envelope as instructed in the bid documents.
7. Q. Is the Design-Build Firm to provide new sidewalks and driveways, since nothing
is shown, on all new building/residence under construction or renovation? Or, do
properly owners have to provide their own sidewalks and driveways?
A. The Design-Build Firm shall be responsible for all required improvements
within the Right-of-Way.
8. a. Some of the new proposed driveways have existing car security gate access
controls. Will these devices require relocation, or will they be done by the
property owner?
A. Attachment F-2 discusses procedures to be followed by the Design-Build
Firm in addressing encroachments. Section 01000-1.02 D6 references these
requirements.
9. Q. Given the number of potential responses you might receive for any given
Consultant, how should we identify the appropriate specialty on the survey form
and should our reference numbering designate for which specialty the survey is
being submitted?
A. All the specialties can be listed on a single reference sheet for a reference
is more than one specialty was used. You do not need multiple reference
forms. Specialties have to be listed on a sheet. Very similar to the project
manager and site superintendent on the same project with both their names
and the contractor name being listed on the same sheet.
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10. Q. Can a single set of survey data for a specific specialty be applied to multiple
primes?
A. Yes, a single set of survey data for a specific specialty can be applied to
multiple primes.
11. Q. Generally, regarding the submission of the electronic documents, our
understanding is that we must submit one Profile and Reference List (for each
specialty). How should we identify the electronic documents to differentiate the
specialties?
A. You may differentiate the specialties by listing the specialties on the
reference form.
12. Q. With regard to the individual excel files, we are interpreting the instructions to
mean that we must create a separate blank excel spreadsheet file (not
worksheet) for each client listed on the reference list. Are we then to e-mail all of
the files (up to 25 separate excel files) for each specialty?
A. You need a separate reference listfor each specialty. You then submitthe
lists.
13. Q. Item #6 of the Schedule of Prices Bid is "Public Information Component (Section
01005 of the Conceptual Specifications)". However, the table of content (Volume
2) of the Conceptual Specifications does not include section 01005.
Please provide section 01005 with all the requirements that the Design/Firm
should price for item #6.
A. The requested Section is provided under ~ivision 1 of the DCP. The Section
was inadvertently left out of the Table of Contents (TOC). Please add to the
TOC.
14. Q. Specification 01000 - Professional Services, paragraph 1.02-D-5-c states:
"Existing Damaged Sidewalks Replacement and New ADA Ramps. The
DESIGN/BUILD FIRM shall include the replacement of damaged sidewalks flags
in the design documents. Sidewalks shall be considered damaged and scheduled
for replacement when cracks larger than 1/8-inch or difference in elevations due
to crack within a flag or between flags higher than 1/8-inch, or missing chunks of
materials are observed."
Are all these quantities of sidewalk replacement identified on the conceptual
drawings or is there additional sidewalk replacement due to cracks or difference
in elevations? If so, please provide quantities or indicate the location in order to
quantify them.
A. Bidders shall assume that a total of 38,000 square feet of sidewalk are to
be replaced under the base bid of the project.
15. Q. Invitation to Bid section 00305 paragraph C (page 33, second paragraph) reads:
"The Bidder must submit documentation acceptable to the City that the Final
Design team member is pre-qualified under Miami-Dade County Department of
Business Development for the following categories:
We ore comrn:iit"'1' ,\' ,:,,,o,,':dinc; e.\c,:ei,'enl pud,,: ;e,',...'e o("..i g;,1t?,\ ,;,) ni.' ',vi-" i.v'", \.\,--,d, "n,"J'i,'\J)' 0(,1 'i,'her:.,. ,'I(i(;,',:ol, h ;i,XI(: c,~n':~)(m;l'.'
0101 - Transportation Planning - Urban Area & Regionai Plan
0302 - Highway Systems - Highway Design
0304 - Highway Systems - Traffic Engineering
0309 - Highway Systems - Signing. Pavement Marking, Channel
0310 - Highway Systems - Lighting
0601 - W & S System - Water Distribution and Sanitary Sewage
0602 - W&S - Major Water & Sewer Pumping Facility
1001 - Environmental Engineering - Stormwater Drainage Design
1600 - General Civil Engineering
Any Design-Build Firm not identifying pre-qualification with all of the above
identified groups shall be deemed non-responsive to the requirements stated in
this ITB.
The Bidder must submit documentation acceptable to the City that the
Construction team member is pre-qualified under the Miami-Dade County
Department of Business Development for the fOllowing categories:
Grading
Drainage
Paving
Fencing
Grassing, Seeding, and Sodding
Landscaping
Pavement Markings and Roadway Signing"
We checked with the Miami Dade County Department of Business Development
(DBD) for this certification. The DBD only qualifies consultants and
subcontractors for Disadvantaged Business Enterprise (DBE), Small Business
Enterprise (SBE) and other small business related status.
This project does not have any DBE or CSBE goais. Please clarify if the City of
Miami Beach is looking for consultants and subcontractors to possess valid,
current licenses to perform work in Miami Dade only.
A. The bidder must submit documentation with its bid that the Construction
team members are certified or licensed by the State of Florida Department
of Business and Professional Regulation, for the categories listed above.
16. Q. According to spec section 01000 (Professional Services) paragraph 1.02-3-e. it is
our understanding that the Design/Build Firm shall include the additional cost for
the design and construction of 16.444 LF of 8" DIP water lines. This cost ( part
of the base bid) will also include the additional surveying services, service
connections and relocation of existing meters.
Please confirm.
A. Yes it does.
17. Q. Invitation to Bid section 00315 attachment 2 (page 42) is a City of Miami Beach
standard letter for the Performance Evaluation for this project. This letter states
under bold letter: Please return this questionnaire to Roman Martinez by close of
business day August 22, 2006 or earlier...." However, the new bid date is August
24, 2006.
Please re-issue this signed letter with the correct date via addendum.
A. The new scheduled deadline for submission of Evaluation Performance
Surveys is August 25, 2006 by 5:00 pm.
We ore commillef1' ),:, p;(l"i:d'.'i.'.~' ,".'.(e__/,I"!,, p:,bii:_- ,'o,,"...;c'" no":' ;.(d,-I-,' \'1 (),' -,vi.;,; I:\t' \\,)r~. '-Ind plU',
,.,.'1;)(1';: "I':i!)ICOI. h",:!,x;( ,'c!:i"l!icJ;),')"
Contractors/Firms are required to acknowledge receipt of this Addendum No.3 on Bid Page 158,
"Acknowledgement of Addenda".
CITY OF MIAMI BEACH
~
Gus Lopez, CPPO
Procurement Director
je
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G MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
PROCUREMENT Division
Tel: 305-673-7490. Fox: 305-673.7851
INVITATION TO BID (ITB) NO. 36-05/06
ADDENDUM NO.4
August 17, 2006
FOR DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.7 - NAUTILUS RIGHT-OF-
WAY INFRASTRUCTURE IMPROVEMENT PROJECT is amended as follows:
I. To provide a logical and consistent evaluation of Performance Surveys for each
Design-Build firm submitting a bid on this project, please provide Performance
Evaluation Surveys for the following entities and/or individuals:
. The Design Build Team (General Contractor & Design Firm)
. The Pre-construction Project Leader (Individual)
. The Construction Project Manager (Individual)
. The Lead Designer (Individual)
Please provide an Excel Project List for each of the above entities and/or
individuals. The DesiCln-Build Team's Excel Proiect List can be shared by the
General Contractor and the Design Firm or can be submitted separately. To further
clarify, the City should receive 4 separate Excel Project Listings, one for the
Design Build Team (Price Contractor and Design Firm), one for the Pre-
Construction Project Leader, one for the Construction Project Manager and one for
the Lead Designer.
If you are a Consultant (Design Firm) who is part of a Design-Build Team, please
provide the name of the Design-Build Contractor (Prime Contractor) in parenthesis
on all Performance Surveys and on the Excel Project Listings.
II. Attached are the answers to questions from prospective bidders in reference to
the above subject ITB:
1. Q. In addendum #3, answer to question 13 states that section 01005 (Public
Information) is included. However, we have search all sets received from T-
Square and can not find it. Please provide.
A. Attached please find section 01005 (Public Information)
2. Q. In Addendum #2. answer to question no. 33 refers to the response in item No. 30
that is related to paving markings. The irrigation specification is missing from the
conceptual specification. please provide the specs.
A. There were no Irrigation Specifications provided in the DCP. However, the
Design / Build Firm is to provide Irrigation Specifications based on the
City's Design Standards Manual, Specification Section 02810 - entitled
Irrigation System, found in Appendix F.
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III. Clarification:
The Performance Evaluation Survev Form that was issued on the original Bid
document found on page 45 can be used by the Prime General Contractor and
individuals who are part of a Design-Build Team. The Performance Evaluation
Survev Form attached to Addendum No.2 can be used by Design Consultants
and individuals who are part of the Design-Build Team. As stated in item No.1 of
this Addendum, Design Consultants please make sure that the name of the
Design-Build Prime Contractor is on the Performance Evaluation Survey forms
being submitted to the City.
Contractors/Firms are required to acknowledge receipt ofthis Addendum NO.4 on Bid Page 158,
"Acknowledgement of Addenda".
CITY OF MIAMI BEACH
Gus Lopez, CPPO
Procurement Director
je
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SECTION 01005
PUBLIC INFORMATION / LIAISON SERVICES
PART 1 - GENERAL
1.01 THE REQUIREMENT
A The CONTRACTOR shall procure the services of a RJblic Relations Firm to provide
labor, supplies, and essential communications as may be required for the fulfillment of
the intent of the public information /Iiaison phase of the WORK, in strict accordance with
the Contract Documents.
B. The goal of these services shall be to allow the CONTRACTOR to maintain stakeholders
up to date prior to, during and after the CONTRACTOR's implementation of rear water
service relocations as noted in the contract documents.
C. Stakeholders as the term is used herein shall include and refer to CITY representatives,
property owners and residents affected by the rear easement water service relocation
WORK.
1.02 SERVICES TO BE PROVIDED
A. The CONTRACTOR shall develop and implement an effective and successful public
information /Iiaison program to perform the following functions:
1. Ensure that, working in concert with CITY representatives, all required
authorizations / releases are received from affected property owners.
2. Meet with individual affected stakeholders to review the proposed installation
procedures, address stakeholder concerns, and establish a general understanding
and level of comfort with stakeholders as to what to expect before, during and after
construction. Such efforts shall include a walkthrough of the proposed routing of
new water service lines with stakeholders and a CONTRACTOR's representative,
to establish agreement as to pre-existing conditions and like and kind return of the
finished project. to the satisfaction of the stakeholder.
3. Follow-up with stakeholders on any required warranty work and/or complaint
resolution that may result from the WORK until resolved by the CONTRACTOR.
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION (Not Applicable)
- END OF SECTION -
Proposed Public Information Componenet on ROW Projects: 07-02-03
Addendum NO.4 01 005-1
eMS
WASH. A VE. PH. 2. 4. 5
(9 MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
PROCUREMENT Division
Tel: 305.673.7490, Fox: 305-673.7851
INVITATION TO BID (ITB) NO. 36-05/06
ADDENDUM NO.5
August 21,2006
FOR DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.7 - NAUTILUS RIGHT-OF-
WAY INFRASTRUCTURE IMPROVEMENT PROJECT is amended as follows:
I. Clarification:
The original RFQ Contract for the Nautilus Neighborhood No.7 which was awarded
to Reynolds Smith and Hills does not preClude any sub-consultant from
participating in any given team providing a bid under this Invitation to Bid for
Design-Build Services.
Inasmuch as this change does not materially affect the bid document, proposers are not required
to acknowledge this addendum to be deemed responsive.
CITY OF MIAMI BEACH
~
Gus Lopez, CPPO
Procurement Director
je
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cg MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochfl.gov
PROCUREMENT DIVISION
Tel, 305-673-7490. Fa" 305-673-7851
PUBLIC NOTICE
INVITATION TO BID (ITB) 36-05/06
FOR DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.7 - NAUTILUS RIGHT-
OF-WAY INFRASTRUCTURE IMPROVEMENT PROJECT
Sealed bids will be received by the City of Miami Beach Procurement Division, 3rd
Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on
the 15th day of August 2006 for Design/Build Services for Neighborhood NO.7 -
Nautilus Right of Way Infrastructure Improvement Program for the City of Miami Beach.
Scope of Services
The City of Miami Beach requires the services of a Design/Build Firm for the design and
construction of the Neighborhood No. 7 - Nautilus Right-of-Way Improvements Project
(the "Project"). The Design/Build Firm (DBF) will be responsible for the design,
construction, and construction management associated with the work related to
earthwork, roadway narrowing, milling and resurfacing, driveway paving, sidewalk
construction; water main installation and water services relocation; storm drainage
infrastructure installation; roadway lighting and streetscape/planting improvements. A
Design Criteria Package has been prepared which includes conceptual specifications
and plans for the civil, electrical, mechanical, structural and landscaping disciplines.
The work to be performed under this Contract shall consist of providing all tools,
equipment, materials, supplies, and manufactured articles and furnishing all labor,
transportation, and services, including fuel, power, water, and essential
communications, and performing all work, or other operations required for the fulfillment
of the Contract in strict accordance with the Contract Documents. The work shall be
complete, and all work, materials, and services not expressly indicated or called for in
the Contract Documents which may be necessary for the completion and proper design
and construction of the work in good faith shall be provided by the Design/Build Firm.
ANY BID(S) RECEIVED AFTER 3:00P.M. ON AUGUST 15, 2006, WILL NOT BE
CONSIDERED AND WILL BE RETURNED TO THE BIDDER UNOPENED. THE
RESPONSIBILITY FOR SUBMITTING THE SUBMITTAL PACKAGE BEFORE THE
STATED TIME AND DATE IS SOLELY AND STRICTLY THE RESPONSIBILITY OF
THE BIDDER. THE CITY IS NOT RESPONSIBLE FOR DELAYS CAUSED BY MAIL,
COURIER SERVICE, INCLUDING U.S. MAIL, OR ANY OTHER OCCURRENCE.
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
7
The City will not be responsible for delays caused by mail, courier service, including
U.S. Mail, or any other occurrence.
A Pre-Bid Conference is scheduled for 10:00 a.m. on July 20, 2006 at the following
address: City of Miami Beach, City Hall- City Manager's Large Conference Room,
1700 Convention Center Drive, Miami Beach, Florida.
A Bid Guaranty of 5% of the bid amount will be required with the Bid. The
successful bidder will also be required to furnish Performance and Payment
Bonds, each in the amount of one hundred (100%) percent of the Contract
amount.
The City of Miami Beach has contracted with BidNet and is utilizing a central bid
notification system created exclusively for state and local agencies located in South
Florida. This South Florida Purchasing system allows for vendors to register online and
receive notification of new bids, amendments and awards. Vendors with Internet access
should review the registration options at the following website:
www.govbids.com/scripts/southfiorida/public/home 1.asp.
If you do not have Internet access, please call the BidNet(r) support group at 800-677-
1997 extension # 214.
Plans and specifications are available for this bid but must be ordered through T-
Square Miami, Phone No. (305) 324-1234. The attached order form on page 11 of the
Bid package must be completed and returned to T-Square Miami before prospective
bidders will receive the requested Design Criteria Package; Conceptual Plans and
Specifications.
Attendance (in person or via telephone) to this Pre-RFQ submission meeting is
encouraged and recommended as a source of information but is not mandatory.
Consultants interested in participating in the pre-RFQ submission meeting via telephone
must follow these steps:
(1) Dial the TELEPHONE NUMBER: 1-800-915-8704 (Toll-free North America)
(2) Enter the MEETING NUMBER: *2659980* (note that number is preceded and
followed by the star (*) key).
Consultants who are interested in participating via telephone, please send an e-mail to
romanmartinez@miamibeachfl.gov expressing your intent to participate via telephone.
The City of Miami Beach reserves the right to accept any proposal deemed to be in the
best interest of the City of Miami Beach, or waive any informality in any proposal. The
City of Miami Beach may also reject any and all proposals.
YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSAL IS SUBJECT
TO THE CAMPAIGN CONTRIBUTIONS BY VENDORS ORDINANCE NO. 2003-3389.
BID NO: 36-05106
DATE: 06/23/06
CITY OF MIAMI BEACH
8
YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSAL is SUBJECT
TO THE FOLLOWING ORDINANCES/RESOLUTIONS, WHICH MAY BE FOUND ON
THE CiTY OF MIAMI BEACH WEBSITE:
http://www . miamibeachfl. qov/newcitv/depts/purchase/bidintro. asp
. CONE OF SILENCE -- ORDINANCE NO. 2002-3378
. CODE OF BUSINESS ETHICS -- RESOLUTION NO. 2000-23879.
. DEBARMENT PROCEEDINGS -- ORDINANCE NO. 2000-3234.
. PROTEST PROCEDURES -- ORDiNANCE NO. 2002-3344.
. LOBBYIST REGISTRATiON AND DISCLOSURE OF FEES -- ORDINANCE NO.
2002-3363
. REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS
FOR DOMESTIC PARTNERS - ORDINANCE NO. 2005-3494
Sincerely,
~
Gus Lopez, CPPO
Procurement Director
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
9
~ MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibecchfl.gov
PROCUREMENT DIVISION
Tel: 305-673-7490. fax: 305.673-7651
Bid No. 36-05/06
INVITATION TO BID (ITB) FOR DESIGN/BUILD SERVICES
FOR NEIGHBORHOOD NO.7 - NAUTILUS RIGHT-OF -WAY
INFRASTRUCTURE IMPROVEMENT PROJECT
NOTICE TO PROSPECTIVE BIDDERS
NO BID
If not submittin9 a bid at this time. please detach this sheet from the bid documents, complete the
information requested. and return to the address listed above.
NO BID SUBMITTED FOR REASON(S) CHECKED ANDIOR INDICATED:
Our company does not handle this type of product/service.
We cannot meet the specifications nor provide an alternate equal product.
Our company is simply not interested in biddin9 at this time.
Due to prior commitments, I was unable to attend pre-proposal meeting.
OTHER. (Please specify)
We do _ do not _ want to be retained on your mailing list for future bids for this type or
product andlor service.
Si9nature:
Title:
Company:
Note: Failure to respond, either by submitting a bid or this completed form, may result in your company
being removed from our vendors list.
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
10
C.O.D Order T-SQUARE
AITN:CARMEN DAVILA
FAX 305-324-8040
PHONE 305-3241234 EX. 320
CITY OF MIAMI BEACH
BID # 36-05/06
INVITATION TO BID FOR DESIGNIBUlLD SERVICES FOR NEIGHBORHOOD NO.7
_ NAUTILUS RIGHT-OF -WAY INFRASTRUCTURE IMPROVEMENT PROJECT
Authorized by : Roman Martinez Fax: 305.324.8040
Volume 3 - ConceDtual Plans 111x17)
Volume 2 - ConceDtual SDecifications 18.5 x 11)
Volume 2A - Attachments 18.5 x 11)
Survey (22 x 34)
$
$
$
$
$
*Any other copies or reproductions are additional to this price
Price per SQ.FT $
full size/ half size $--"er first copy & _ second copy Total
(MINIMUM ORDER FOR FREE DELIVERY $20.00 PER DELIVER)
COMPANY NAME. ORDER BY:
Bill to:
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BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
11
00100.
1.
GENERAL INSTRUCTIONS TO BIDDERS:
General: The following instructions and those set forth in Section 00300 herein
are given for the purpose of guiding Bidders in properly preparing their bids.
Such instructions have equal force and weight with other portions of the Contract
Documents and strict compliance is required with all the provisions contained in
the instructions. Bidders shall note that various paragraphs within these bid
documents have a [ ] box which may be checked. If the box is checked. the
language is made a part of the bid documents and compliance therewith is
required of the Bidder; if the box is not checked, the language is not made a part
of the bid documents.
2. Scooe of Work: The City of Miami Beach requires the services of a Design/Build
Firm for the design and construction of the Neighborhood NO.7 - Nautilus Right-
of-Way Improvements Project (the "Project"). The Design/Build Firm (DBF) will
be responsible for the design, construction, and construction management
associated with the work related to earthwork, roadway narrowing, milling and
resurfacing, driveway paving, sidewalk construction; water main installation and
water services relocation; storm drainage infrastructure installation; roadway
lighting and streetscape/planting improvements. A Design Criteria Package has
been prepared which includes conceptual specifications and plans for the civil,
electrical, mechanical, structural and landscaping disciplines.
The work to be performed under this Contract shall consist of providing all tools,
equipment, materials, supplies, and manufactured articles and furnishing all
labor, transportation, and services, including fuel, power, water, and essential
communications, and performing all work, or other operations required for the
fulfillment of the Contract in strict accordance with the Contract Documents. The
work shall be complete, and all work, materials, and services not expressly
indicated or called for in the Contract Documents which may be necessary for the
complete and proper design and construction of the work in good faith shall be
provided by the Design/Build Firm.
PROPOSED PROJECT IMPROVEMENTS
The proposed improvements to be performed for this project are based upon the
Basis of Design Report for Neighborhood NO.7 - Nautilus prepared by Reynolds,
Smith and Hills, Inc. The Basis of Design Report was developed with input from
the residents through two (2) Community Design Workshops and City staff and
was approved by the City of Miami Beach City Commission. The proposed
improvements include but are not limited to:
1. Streetscape Improvements
. Roadway Milling and Resurfacing
. Landscaping within the Right-of-Way
. Sidewalk Extensions (ADA ramps)
BID NO: 36-05/06 CITY OF MIAMI BEACH
DATE: 06/23/06 12
. Damaged Sidewalk Replacement
. Lighting Upgrades (Nautilus West)
. Lighting Upgrades (Orchard Park)
. Driveway Apron Restoration
. Swale Reclamation
. Removal of Encroachments
. Street Narrowing
. Addition of Speed Table
. On-Street Parking Improvements
. Specialty Project Improvements
a. Reconfiguration of W. 42nd Street between Michigan Avenue and Meridian
Avenue
b. Reconfiguration of the intersection of Prairie Avenue/Chase Avenue
2. Stormwater Improvements
The Improvements to the stormwater system are limited to the 3 priority
drainage basins in the Nautilus Neighborhood as identified in the City of
Miami Beach Comprehensive Stormwater Management Master Plan.
. Design and installation of approximately 16,330 L.F. of HDPE and
RCP conveyance pipe ranging in size from 18-inch through 60 inch.
. Design and installation of approximately 92 inlets and 74 drainage
manholes.
. Design and installation of approximately 55 gravity drainage wells
and 10 pressurized drainage wells.
. Design and installation of 2 stormwater pumping stations.
The proposed improvements listed above represent a summary of the
current design approach as shown on the Conceptual Plans and
Specifications. However, the Design/Build Firm shall be responsible for
satisfying the City's design criteria and verify compliance with the
requirements set forth in Section 01000. A detailed description of the
recommended improvements and required level of service are identified in
the Section entitled "Professional Services".
3. Water Systems Improvements
. Design and installation of approximately 17,500 L.F. (Priority 2) of
new 8-inch DIP water main.
. Design and installation of approximately 16,444 L.F. (Priority 3) of
new 8-inch DIP water main.
. Design and relocation of approximately 172 water meters and
service lines from near easements to the sidewalks thru trench less
technology.
BID NO: 36-05106 CITY OF MIAMI BEACH
DATE: 06/23/06 13
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NEIGHBORHOOD No.7.. NAUTILUS ROW iMPROVEMENTS PROJECT
CITY OF MIAMI BEACH
LOCA TION MAP
-
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
14
3. Location of Work: The Project Location Area as shown on the attached Location
Map is located in the "Middle Beach" area and bounded by the Surprise
Waterway to the north, Biscayne Bay to the west, Pine Tree Drive to the east,
and State Road 112/Arthur Godfrey Road (w. 4151 Street) to the south. Areas to
be affected by the proposed improvements include but are not limited to North
Bay Road, Nautilus Drive, Nautilus Court, Michigan Avenue, Jefferson Avenue,
Adams Avenue, N. Meridian Avenue, Chase Avenue, Prairie Avenue, Post
Avenue, Royal Palm Avenues, Sheridan Avenue, W. 48th Street, W. 47th Street,
W. 47'h Court, W. 46th Street, W. 45th Street, W 44th Street, W 44th Court, W 43rd
Street, and W 42nd Street. The Flamingo Waterway Historic District lies within the
boundary of the Nautilus Neighborhood. The neighborhood is divided in two by
the Biscayne Waterway. The area to the west of the Biscayne Waterway is
commonly known as Nautilus West and the area to the east of the Biscayne
Waterway as Orchard Park.
Areas not included in the pro;osed improvements include, SR907/Alton Road,
Pine Tree Drive, and W. 42" Street (between Prairie Avenues. and Pine Tree
Drive.)
4. Abbreviations and Svmbols: The abbreviations used throughout the Bid
Documents are defined hereinafter in the Technical Specifications. The symbols
used in the Plans are defined therein.
5. ITB Timetable: The anticipated schedule for this ITB and contract approval is as
follows:
ITB issued
Pre-BID Conference
Deadline for receipt of questions
Deadline for receipt of BIDS
Evaluation process
Recommendation to City Commission
Contract Award
Projected Project Initiation Start Date
June 23, 2006
July 20,2006 at 10:00 a.m.
August 4, 2006 at 5:00 p.m.
August 15, 2006 at 3:00 p.m.
August, 2006
September, 2006
October, 2006
October, 2006
5. Bid Packaae Submission: An original and ten copies of complete Bid Packages
must be received by 3:00 p.m. on August 15, 2006, and will be opened on that
day at that time. The original and all copies must be submitted to the
Procurement Division in a sealed envelope or container stating on the outside,
the Bidder's name, address, telephone number, ITS number, title, and due date.
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
IS
00200. DEFINITIONS
Please refer to Section 00600, Contract, Article No.1 - "Definitions and Identifications",
on page 73 of the Bid Package.
BID NO: 36-05/06
VA TE: 06/23/06
CITY OF MIAMI BEACH
16
00300. INSTRUCTIONS TO BIDDERS:
1. Examination of Bid Documents and Desian Criteria Packaae. and Site: It is the
responsibility of each Bidder before submitting a Bid, to:
1.1. Examine the Bid Documents and Design Criteria Package.
1.2. Visit the site to become familiar with conditions that may affect costs,
progress, performance or furnishing of the Work,
1.3. Take into account federal, state and local (City and Miami-Dade
County) laws, regulations, ordinances that may affect costs, progress,
performance, furnishing of the Work, or award,
1.4. Study and carefully correlate Bidder's observations with the Bid
Documents and Design Criteria Package.
1.5. Carefully review the Bid Documents and Design Criteria Package and
notify the City's Procurement Director in writing of all conflicts, errors or
discrepancies in the Bid Documents and Design Criteria Package of
which Bidder knows or reasonably should have known.
The submission of a Bid shall constitute an incontrovertible representation by
Bidder that Bidder has complied with the above requirements and that, without
exception. the Bid is premised upon performing and furnishing the Work required
by the Bid Documents and Design Criteria Package and that the Bid Documents
and Design Criteria Package are sufficient in scope and detail to indicate and
convey understanding of all terms and conditions for performance and furnishing
of the Work.
2. Pre-Bid InterDretations: Only questions answered by written Addenda will be
binding. Oral and other interpretations or clarifications will be without legal effect.
All questions about the meaning or intent of the Bid Documents and Design
Criteria Package are to be directed to the City's Procurement Director in writing.
Interpretations or clarifications considered necessary by the City's Procurement
Director in response to such questions will be issued by City by means of
Addenda mailed or delivered to all parties recorded by the City's Procurement
Director as having received the Bid Documents. Written questions should be
received no less than ten (10) calendar days prior to the date of the opening of
Bids. There shall be no obligation on the part of City or the City's Procurement
Director to respond to questions received less than ten (10) calendar days prior
to bid opening.
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
17
3. Submittina Bid Packaaes: All bid packages must be received in the Procurement
Division, City of Miami Beach, 1700 Convention Center Drive, Third Floor, Miami
Beach, Florida 33139, before the time and date specified for bid opening,
enclosed in a sealed envelope, legibly marked on the outside:
BID FOR: INVITATION TO BID (ITB) 36-05/06 FOR
DESIGN/BUILD SERVICES FOR
NEIGHBORHOOD NO.7 - NAUTILUS RIGHT-OF -
WAY INFRASTRUCTURE IMPROVEMENT
PROJECT
BID/CONTRACT NO.: 36-05/06
4. Printed Form of Bid: All bid packages must be made upon the blank BidlTender
Form (Section 00400, pg. 51 included herein and must give the price in strict
accordance with the instructions thereon. The bid must be signed and
acknowledged by the Bidder in accordance with the directions on the bid form.
5. Bid Guarantv: All bid packages shall be accompanied by either an original 5%
bid bond of the bid amount executed by a surety company meeting the
qualifications for surety companies as specified in 00600 CONTRACT, Article 50,
pg. 113, General Conditions, or by cash, money order, certified check, cashier's
check, Bid Guaranty Form, Unconditional Letter of Credit (Section 00410, pg.
58), treasurer's check or bank draft of any national or state bank (United States),
in the amount of 5% of the bid amount payable to City of Miami Beach, Florida,
and conditioned upon the-successful Bidder executing the Contract and providing
the required one-hundred percent (100%) Performance Bond and Payment Bond
and evidence of required insurance within fifteen (15) calendar days after
notification of award of the Contract. A PERSONAL CHECK OR A COMPANY
CHECK OF A BIDDER SHALL NOT BE DEEMED A VALID BID SECURITY.
Security of the successful Bidder shall be forfeited to the City of Miami Beach as
liquidated damages, not as a penalty, for the cost and expense incurred should
said Bidder fail to execute the Contract,-provide the required Performance Bond,
Payment Bond and Certificate(s) of Insurance, -within fifteen (15) calendar days
after notification of the award of the Contract, or failure to comply with any other
requirements set forth herein. The time for execution of the Contract and
provision of the Performance Bond, Payment Bond and Certificate(s) of
Insurance may be extended by the City's Procurement Director for good cause
shown. Bid Securities of the unsuccessful Bidders will be returned after award of
Contract.
6. Acceptance or Reiection of Bids: The City reserves the right to reject any or all
bids prior to award. Reasonable efforts will be made to either award the Contract
or reject all bids within ninety (90) calendar days after bid opening date. A Bidder
may not withdraw its bid unilaterally nor change the Contract Price before the
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
18
expiration of ninety (90) calendar days from the date of bid opening. A Bidder
may withdraw its bid after the expiration of ninety (90) calendar days from the
date of bid opening by delivering written notice of withdrawal to the Procurement
Division prior to award of the Contract by the City Commission.
7. Determination of Award: The City Commission shall award the contract to the
lowest and best bidder. In determining the lowest and best bidder, in addition to
price, there shall consider the following:
a. The ability, capacity and skill of the bidder to perform the Contract.
b. Whether the bidder can perform the Contract within the time specified,
without delay or interference.
c. The character, integrity, reputation, judgement, experience and
efficiency of the bidder.
d. The quality of performance of previous contracts.
e. The previous and existing compliance by the bidder with laws and
ordinances relating to the Contract.
8. Evaluation: An interim performance evaluation of the successful Design-Build
Firm may be submitted by the Contract Administrator during construction of the
Project. A final performance evaluation shall be submitted when the Request for
Final Payment to the construction contractor is forwarded for approval. I neither
situation, the completed evaluation(s) shall be forwarded to the City's
Procurement Director who shall provide a copy to the successful Design-Build
Firm. Said evaluation(s) may be used by the City as a factor in considering the
responsibility of the successful Design-Build Firm for future bids with the City.
9. Contract Price: The Contract Price is to include the furnishing of all labor,
materials, equipment including tools, services, permit fees, applicable taxes.
overhead and profit for the completion of the Work except as may be otherwise
expressly provided in the Bid Documents. The cost of any item(s) of Work not
covered by a specific Contract unit price or lump sum price shall be included in
the Contract unit price or lump sum price to which the item(s) is most applicable.
10. Postponement of Date for Presentina and Qpenina of Bids: The City reserves
the right to postpone the date for receipt and opening of bids and will make a
reasonable effort to give at least seven (7) calendar days written notice of any
such postponement to each prospective Bidder.
11. Qualifications of Bidders: Bidder must have adequate organization, facilities,
equipment, and personnel to ensure prompt and efficient service to City.
In determining a Bidder's responsibility and ability to perform the Contract, City
has the right to investigate and request information concerning the financial
condition, experience record, personnel, equipment, facilities, principal business
location and organization of the Bidder, the Bidder's record with environmental
regulations, and the claims/litigation history of the Bidder.
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
19
12. Addenda and Modifications: The City shall make reasonable efforts to issue
addenda within seven (7) calendar days prior to bid opening. All addenda and
other modifications made prior to the time and date of bid opening shall be
issued as separate documents identified as changes to the Project Manual.
13. Prevailina Waae Rates: The provisions of the City of Miami Beach Ordinance
No, 94-2960 shall not apply to this bid.
14. Occuoational Health and Safetv: In compliance with Chapter 442, Florida
Statutes, any toxic substance listed in Section 38F-41.03 of the Florida
Administrative Code delivered as a result of this bid must be accompanied by a
Material Safety Data Sheet (MSDS) which may be obtained from the
manufacturer. The MSDS must include the following information:
14.1. The chemical name and the common name of the toxic substance.
14.2. The hazards or other risks in the use of the toxic substance, including:
14.2.1. The potential for fire, explosion, corrosion, and reaction;
14.2.2. The known acute and chronic health effects of risks from
exposure, including the medical conditions which are generally
recognized as being aggravated by exposure to the toxic substance;
and
14.2.3. The primary routes of entry and symptoms of overexposure.
14.3. The proper precautions. handling practices, necessary personal
protective equipment, and other safety precautions in the use of or
exposure to the toxic substances, including appropriate emergency
treatment in case of overexposure.
14.4. The emergency procedure for spills, fire, disposal, and first aid.
14.5. A description in lay terms of the known specific potential health risks
posed by the toxic substance intended to alert any person reading this
information.
14.6. The year and month, if available, that the information was compiled and
the name, address, and emergency telephone number of the
manufacturer responsible for preparing the information.
15. Environmental Reaulations: The City reserves the right to consider a Bidder's
history of citations and/or violations of environmental regulations in investigating
a Bidder's responsibility, and further reserves the right to declare a Bidder not
responsible if the history of violations warrant such determination in the opinion
of the City. Bidder shall submit with its Bid, a complete history of all citations
and/or violations, notices and dispositions thereof. The nonsubmission of any
such documentation shall be deemed to be an affirmation by the Bidder that
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
20
there are no citations or violations. Bidder shall notify the City immediately of
notice of any citation or violation which Bidder may receive after the Bid opening
date and during the time of performance of any contract awarded to it.
16. Protested Solicitation Award:
Bidders that are not selected may protest any recommendation for Contract
award in accordance with City of Miami Beach Ordinance No. 2002-3344, which
establishes procedures for resulting protested bids and proposed awards.
Protests not timely made pursuant to the requirements of Ordinance No.
2002-3344 shall be barred.
17. Financial Stability and Strenath:
The bidder must be able to demonstrate a good record of performance and have
sufficient financial resources to ensure that they can satisfactorily provide the
goods and/or services required herein.
Bidders shall submit financial statements for each of their last two complete fiscal
years within ten (10) calendar days, upon written request. Such statements
should include, as a minimum, balance sheets (statements of financial position)
and statements of profit and loss (statement of net income). When the bid
submittal is from a co venture, each Bidders involved in the co venture must
submit financial statements as indicated above.
Any Bidders who, at the time of bid submission, is involved in an ongoing
bankruptcy as a debtor, or in a reorganization. liquidation, or dissolution
proceeding, or if a trustee or receiver has been appointed over all or a substantial
portion of the property of the Bidders under federal bankruptcy law or any state
insolvency, may be declared non-responsive.
18. Eaual Benefits Ordinance
Bidders are advised that this Bid and any contract awarded pursuant to this
procurement process shall be subject to the applicable provisions of Ordinance
No. 2005-3494, entitled "Requirement for City Contractors to Provide Equal
Benefits for Domestic Partners (the "Ordinance")." The Ordinance applies to all
employees of a Contractor who work within the City limits of the City of Miami
Beach, Florida; and the Contractor's employees located in the United States, but
outside of the City of Miami Beach limits, who are directly performing work on the
contract within the City of Miami Beach.
All bidders shall complete and return, with their bid, the "Declaration: Non-
discrimination in Contracts and Benefits" form contained herein. The City
shall not enter into any contract unless the bidder certifies that such firm
does not discriminate in the provision of Benefits between employees with
Domestic Partners and employees with spouses and/or between the
BID NO: 36-05/06
DATE: 06123/06
CITY OF MIAMI BEACH
21
Domestic Partners and spouses of such employees. Contractors may also
comply with the Ordinance by providing an employee with the Cash
Equivalent of such Benefit or Benefits, if the City Manager or his designee
determines that the successful bidder Contractor shall complete and
return the "Reasonable Measures Application" contained herein, and the
Cash Equivalent proposed.
It is important to note that bidders are considered in compliance if bidder
provides benefits neither to employees' spouses nor to employees' Domestic
Partners.
Following this page please find a Q & A of the major points of the proposed
Ordinance. Additionally, the following documents need to be returned to the City
with your bid:
. Declaration: Nondiscrimination in Contracts and Benefits Form
. Reasonable Measures Application Form
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
22
PROPOSED EQUAL BENEFITS ORDINANCE SUMMARY
The foregoing analysis provides a summary of the major points of the proposed
Ordinance:
1) What is the intent of the Ordinance?
The proposed Ordinance will require certain contractors doing business with the City of
Miami Beach, who are awarded a contract pursuant to competitive bids, to provide
"Equal Benefits" to their employees with Domestic Partners, as they provide to
employees with spouses.
2) How are "Equal Benefits" defined and what kind of "Benefits" does
the Ordinance cover?
"Equal Benefits" means that contractors doing business with the City who are covered
by the Ordinance shall be required to provide the same type of benefits that they offer to
employees and their spouses, to employees with Domestic Partners.
The type of "Benefits" defined by the Ordinance and which may be offered by a
contractor include: sick leave, bereavement leave, family medical leave, and health
benefits.
The "Benefits" defined in the Ordinance are the same type of benefits that the City
provides to Domestic Partners of City employees, pursuant to Section 62-128 of the City
Code].
Notwithstanding the definition of "Benefits" in the Ordinance, to comply with the
Ordinance a Contractor is not required to provide all the above-described benefits.
Contractors are only required to offer the same type of Benefits they offer to their
employees with spouses, to employees with Domestic Partners. Additionally, a
Contractor who offers no benefits to employees or their spouses, would not be required
to offer any benefits to employees with Domestic Partners (and would still be in
compliance with the Ordinance).]
3) Who is considered a "Domestic Partner" under the Ordinance?
A "Domestic Partner" shall mean any two (2) adults of the same or different sex who
have registered as domestic partners with a government body pursuant to state or local
law authorizing such registration, or with an internal registry maintained by the employer
of at least one of the domestic partners.
4) What type of Contracts and/or which Contractors are covered by
the Ordinance?
The Ordinance only applies to the following:
. Competitively bid City contracts (bids, RFP's, RFQ's, RFLI's, etc.).
. Contracts valued at over $100,000.
. Contractors who maintain 51 or more full time employees on their payrolls during
20 or more calendar work weeks in either the current or the preceding calendar
year.
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
23
. Contractors covered by the Ordinance are only required to comply as to
employees who: 1) either work within the City limits of the City of Miami Beach; or
2) the contractor's employees located in the United States, but outside of the City
limits, only if those employees are directly performing work on the City contract
(covered by the Ordinance).
5) In what cases does the Ordinance not apply?
The provisions of the Ordinance do not apply where:
. The City contract has been has been entered into prior to the effective date of
the Ordinance (including renewal terms contained in such contracts).
. The City contract is not competitively bid.
. The City contract is valued at less than $100,000.
. The contractor has less than 51 employees.
. The contractor does not provide Benefits either to employees' spouses or to
employees' Domestic Partners.
. The contractor is a religious organization, association, society or any non profit
charitable or educational institution or organization operated, supervised or
controlled by or in conjunction with a religious organization, association or
society.
. The contractor is another government entity.
The following City contracts are not covered by the Ordinance:
. Contracts for sale or lease of City property.
. Development Agreements.
. Contracts/grants for CDBG, HOME, SHIP, and Surtax funds administered by
the City's Office of Community Development
. Cultural Arts Council grants
. Contracts for professional AlE. landscape AlE, or survey and mapping
services procured pursuant to Chapter 287.055, Florida Statutes ("The
Consultants Competitive Negotiation Act".
. Contracts for the procurement of life, health, accident, hospitalization, legal
expense, annuity insurance, or any and all other kinds of insurance for the
officers and employees of the City and their dependents, from a group
insurance plan.
The Ordinance provides, upon written recommendation of the City Manager, that the
City Commission may, by 5/7ths vote, waive application of the Ordinance for the
following:
. Emergency contracts.
. Contracts where only one bid response is received.
. Contracts where more than one bid response is received, but none of the
bidders can comply with the requirements of the Ordinance.
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
24
The City's ability to apply the Ordinance may also be preempted in instances where the
Ordinance impacts health, retirement, or pension program which fall within the
jurisdiction of the Employee Retirement Income Security Act (ERISA), and may under
certain circumstances be held invalid under Federal preemption.
6) How is the Ordinance enforced by the City?
. City contracts that are covered by the Ordinance shall notify potential
bidders/proposers of the Ordinance and its requirements in the issued bid
documents.
. At the time of entering into the contract with the City, the proposed City
contractor shall certify to the City that it intends to provide Equal Benefits.
along with the description of its employee benefits plan, which needs to be
delivered to the Procurement Director prior to entering into the contract.
. The City has the ongoing right to investigate/audit contracts for compliance
with the provisions of the Ordinance.
. The contractor is required to post notice to its employees at its place of
business that it provides Equal Benefits.
7) Is there another way for a Contractor who does not provide Equal Benefits to
comply with the Ordinance?
If a contractor covered by the Ordinance has made a reasonable yet unsuccessful effort
to provide Equal Benefits, it can still comply with the Ordinance by providing an
employee with the "Cash Equivalent" of the similar benefit(s) offered to the contractor's
employees and their spouses.
8) What are the penalties for non compliance?
Failure of a contractor to comply with the requirements of the Ordinance may
result in the following:
. Breach/default under the contract.
. Termination of the contract.
. Monies due under the contract may be retained by the City until
compliance is achieved.
. Debarment of contractors from City work, as prescribed by the City
Code.
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
25
&
....
CITY OF MIAMI BEACH
DECLARATION: NONDISCRIMINATION IN CONTRACrS AND BENEFITS
Section 1. Vendor Information
Name o/Company: R;c.. f..-IaA I,....\.. \ _Name ofCompsnYCOnlaotPerson~V C Ma.rri "';..l..
Phone NUmber:qSI./.I.j;;K.,. 10 'fLFax Number: 'iS4. ~..:.olO.mail O/l'!"T"~i!tl ~ IPl..r.,4IQU . V ~
Vendor Number (if known):. ___________
FederallD or Social SecuJily NU'nber: sq. c'l3n () 3. ~ _t:; _'__
Approximate Number of Employees in the U.S.: l (:) ~_____
Are any of your employees covered by a collective bargaining agreement or uoic.'f1 trust fund? _ Y es.~
Union name(s}:
p/A
-._-----_._.-._-_._._---_.~-_..._.
Section 2. ComplIance Questions
QUl!Istion 1. Nondiscrimination - Protftded Classes
I"
,
.0.. Does your =ompany agree to not discriminate 3gain:Fot ~'Cur employef'!s. sppiicanls 1')(
emplo\'men1, f!rr,ploy~s of ~he City, (.Or members of the public on !.tle bBSi:<;; (If ihe fact (lor
pen::eptlnn of.a pur;on's rnembers.hip in U'le ~!egQrjl!'S listed be-low') Piea.$3 note: a .YES"
nn~wer means your company agrees it will not disr.rtmlnate; a .NO. lins;wer Ir.~ans YOIJr
ool"pany refusoti to agree that it \'lrill not dl$Cfimfnate. Plea$(!' answer yes or no to -(l3ch
C3~egory.
Race
Color
Creed
Religion
National origin
Ancestry
Age
Height
~e. .. No
~$S_.No
y'fes_ No
!!yes_ No
,....yes No
~Ves - No
~e. - No
;t.-es: No
s.,)(
Sexual Orientation
Gender identflv (transgender status)
t DOI'OOGtic paltner status
i Marital status
Disability
AIDSlHIV Slalu.
, Weight
~.S_No
vYcs No
':;;;'es - No
~'Y.s ~ No
!!'Ves _ No
~es _No
....-yes No
?'ves = No
B. Does your company agret! to insert a similar nondiscrimination provision in any
subcontract you enter into for the performance of a substantial portion or the conlraCl you
have with the City? Please note: you must answer lhis queslion, even if you do not intend
to enter into any subcontrads.
(veS_No
BID NO: 36-05/06
DATE: 06123/06
CITY OF MIAMI BEACH
26
,
'.
1'} "'_
J~,..::~.."'-'" -
J
/,3\;,
ThEJ
HARTFoRD
.-....--------...
May 2, 2006
David Msncini
Ric-Man International, Inc.
2601 NW 48thSt
Pompano, FL 33073
GA-o 1 7669 Ric-Man International,lnc. 401(k) Profit Sharing Plan
IRS Annual Reports (Form 5500) for the Plan Vear Ending December 31, 2005..
~,
Dear Plan Sponsor:
1):'"
We arc pleased to provide you the enclosed Form 5500 report!. for your review and submission to 'EBSA'. A copy oftbose repom
will also be pl.ced on our internet sire for your plan. Vou may access it under the 'Transactions' section of the home page in an option
entitled 'Plan Vea.. End'.
Plesse note: '1\;,t d,
. The d..~Jin.', for the filing is the end of the 7th lIlOnth following the plan yeat end do'" \.dJcss you file for an ex1ension. It is your
respomibiJity to co,nplete the tiling befort, the dCIldJint.
. For your ctmvenieuee, we la.ve also enclosed a Form 5558, Applicati,,,, for Filing Extension, which you may USe if you detennine
it is neces'Ill)I tr, add two and a half months to your filing deadline. (Please refer to the additional enclosed material for filing
!ltructiOD.3).
. Thf'.se rr.p/;JflS are prepared on a 'cash' acr.ounting basis.
. &ch page e","tlli", a b" codIng feature that allows the fonns to be resd electronicaUy. This meS1ls any changes to the form. must
be sent back 10 us !"r recording. If any revisions ate needed, please tetum all pages of each affected Schedule to US as SOon as
possible. Pl....e highlight or lDark your revisions in red ink to enable us to more readily rccogniu your instructions. We will print
new orisiUllIs an& rcturn those to you.
,
.:""~
1;tl,~
"'.;4.1
,.
We have inserted additional instructionallnaterisl within the reports to bell' guidc you through the filing process. Please review this
information very carefulIy.
As always, yeu may contact me at (800) 874-2502 if! may offer you any additionsla..istance.
Sincerely,
Janet Egbarin
Plan Manager
Hartford Life Insuranc:r Companies
Retirement Plan Solutions
200 Hopmeadow SITe"
Simsbury CT 06089
Mailing Address: P.O. Box: 1583
Hartford, CT 06144.1 583
Eileen Nace
From:
Sent:
To:
Subject:
mgbrown2@bellsouth.nel
Thursday, August 17,2006 1:44 PM
Eileen Nace
Domestic Partners
Hi Eileen,
Can you use this E-mail from SafeGuard?
From: "Crystal Rodriguez" <CrystalR@safeguard.net> Add to Address Book
Date, 2006/08/17 Thu PM 01:38:19 EDT
To: <mgbrown2@be11south.net>
Subject: Ric Man International
Mike,
Per your voice mail question regarding Domestic Partner eligibility, yes, Rie man
International does currently have that benefit written into their contract.
Please let me know if you should need anything else.
Crystal ROdriquez,
Business Development Director
SafeGuard Dental & Vision
150 South Pine Island Road,
Suite 250
954-358-5100 Ext. 225
954-358-5101 Fax
crystalr@safeguard.net
1
GREATER MIAMI CHAMBER OF COMMERCE
MODEL CODE OF BUSINESS ETHICS
STATEMENT OF PURPOSE
Th. Or.at.r Miami Chamber 01 Commeree ("GMCC') se.ks 10 croal. and auslain .n ethical busin.ss
e1imall for fts members and Ihe communfty by Idopllng a Codl 01 Buslno.. Ethics. The GMCC
l_alS fts members to incorporatl Ihl principiIS .nd pracllcls outlin.d here In their Individual
cod.. 01 oIhlc:a which will guide lhe~ rll.lionohl", wllh cullom...., clionts and .uppllers. This Mod.1
Codl cln and ahould bl pt'omlnlntly displayed at all buslnlSs locallons and may be Incorporatod Inlo
matkollllll matorlals. Th. GMCC b.lIov.. Ihet Ita memb.... should USI Ihi. Cod. IS a mod.1 'or th.
develapm.m of their organizations' buslnesl codes of ethics.
ThIs Model Cod. II I It_me" 01 pri"cjpl.. to help g~d. d.dsions and adionl based on resped lor the
importance allthical bUline" standordl in "'. community. The GMCC believes'" e.doption (I' e meaningM code
acllhicl ilthl fllpanllbilityal rNery bulin... end prolessional orqenilslion.
pamDUanee with Government Rules & Reaulations
.
w. will properly mslntoin al records snd posl alllic.nses and certificate!
In pt'ominlnl pleclS laslly s.on by our employ'" and custom.rs:
In dealing with government agencies and emploV8Gs. we will conduct business in
eccord.ne. with ell ~pllcabl. rullS end reguletlons and l, Ihe open;
w. will repart contract IrrOllulartlies and other Improper or unlawlul business
prlCllces '0 Ih. Elhlcs Commission, tho omce of Inopeelor Gonerol or
approprlltl law enforcement aulhoritiell.
.
RG.enJltmt:nl. SlIleclion & CnmDen!l.t1o"_~j!(! and Sugplht,..
~Ii;i
.1'
w. will avoid confJ"tcts or interest nnd dl!\closu such c..",flicls when identified;
Gifts which conlpromilo the integrity of . business transuc"jon nrtl Uil.CC~pt(lb!.;
WlI wlU nol kick back sny porlion oIa conlract payment to employeeo or the other
contractlna party or accapl such s kickback. .
Busln..s AccountinG
All our finsncial lransactlon. will be properly end fairly reco,ded in appropriate
books of account, and the,. wiD be no "orf the bookli" trl1l5.clions or secret
accounts.
Promotion and Sales of Product!!; and Services,
Our produa. will comply wllh all applic.~I. ..roty snd quality standards:
We will promote Bnd advertiso our business and its products Of servicns in a
manner which is not misleading Bnd does not falsely disparage our cornpetitor$:
Doina Business with the Government
Bm NO: ~51G6
DATE: 06123106
CITY OF MIAMI BEACH
172
We will conduct business with government agencies and employees in a manner
which avoids even the appearance of impropriety. Efforts 10 curry political
iavoritism are unacceptable;
Our bids will be competilive, appropriate 10 the bid documents and arrived at
independently:
Any challenges to cantrac~5 awarded will have a substantive basis and net be
pursued merely because we are th~ unsuccessful bidder;
We will. to the best of our ability. perform governmenl contracts awarded al the
price and under tha terms provided for In the contract. We will not submil innated
invoices for goods provided or services performed under such cantrlcls, and
claims will be made only for work actually performed. We will abide by all
contracting and subcontracting regulations.
W. wiil not, directly or Indirectly, offer to give a bribe or otherwise channel
kickbacks from contracts awarded, to government officials, th.ir family members
or business associates.
We will not seek or expect preferential treatment on bids based on our
participation in political campaigns.
Public Life ond Politic.1 Camoaians
We encourage all employees to participate in community life, public service and
the political process;
We encourage all employees to recruit, support and elect ethic-al and qualified
public officialfJ and en9ag~ them in dialogue and debate about business and
community issues:
Our contributions to polilical parties. commitleas or individuals will only ba made
in accordance with applicable law and will comply with all requirements for public
disclosure. All contributions made on behalr or the business must be reported to
senior company management: .
We will not contribute to the campaigns. of persons who are convicted felons or
those who do net sign the Fair Campaign Practices Ordinance.
We will no~ knowingly disseminate false campaign information or support those
who do.
-ere. MAN ~ '1:::(t";b~)
Company Name
o orate Officer
e.ll\c \<1."'"
Date
BID NO: 36-OSl06
DATE: 06/23106
CITY OF MIAMI BEACH
173
I have attached the following documents as evidence of common residence and joint financial
responsibility. These documents are dated no later than 12 calendar months before the date of
this affidavit.
. Residence -anyone of the following: copy of mortgage document or lease showing both
names, copies of drivers' licenses, passports, or tax returns showing the same address; and
. Financial responsibility - anyone of the following: copy of statement from joint bank
account, credit cards with same account number, a beneficiary designation form for a
retirement plan or life insurance policy signed and completed to the effect that one Domestic
Partner is beneficiary of the other, wills which design ales the other as primary beneficiary.
DEPENDENT CHILD(REN) OF DOMESTIC PARTNER _ CERTIFICATION
Domestic Partner Dependent Child(ren)
Last Name
First Name
MI
Last Name
First Name
MI
Last Name First Name MI
Last Name First Name MI
------. -..---.--- --.,.--
We hereby certify that the above named chiid(ren) of the DOlllestic Partnership meet ali (;f~he
eligibility requirements listed I:dow for coverage "Older the group I.ealth pian.
. The above listed child(ren) reside with us and the Domestic Partner b .-esponsib!e for the
child(ren)'s well being; or the Domestic Partner is required to pmvide coverage for the
child(ren) by court orJer; or
. The child(ren) 'l"alilies as the Domestic Partner's dependent(s) for tax purposes under th"
federal glJidelines. (Attach a copy of the federal income tax retllm); and
. The child(ren) meet and continue to meet the eligibility requirements as outlined in the
Dependents Eligibility Class and Extension Of Eligibility For Certain Dependent Children
Subsections of the Contract.
I further acknowledge and understand:
I have an obligation to submit to the Contractholder an Affidavit OfTerminatioIl Of Domestic
Partnership within 10 days of when Domestic Partnership eligibility requirements are no longer
met or within 10 days of the death of my Domestic Partner, Coverage of your Domestic Partner
will terminate on the date of death of the Domestic Partner or on the last day of the first month
that the Domestic Partner al1(lIor Domestic Partner's eligible dependent child(ren) fails to
continue to meet all of the applicable Domestic Partnership eligibility requirements.
Blue Cross and Blue Shield of Florida, Illc. has no legal obligation to extend COBRA benefits to
Domestic Partners nor the Domestic Partner's dependent child(ren).
18708.01.07/99SR
2
I cannot file another Affidavit of Domestic Partnership for a new Domestic Partner until at least
12 calendar months after a Statement of Death or Termination of Domestic Partnership has been
filed.
Any fraudulent statement, omission or concealment of facts, misrepresentation, or incorrect
information contained in this Affidavit of Domestic Partnership may result in my being
responsible for reimbursement ofany expenses paid by BCBSf, or in denial of the claim or
cancellation or rescission of coverage under this Contract.
r affirm that the information provided above is true and complete to the best of my knowledge.
Signature of Certificate holder
Signature of Domestic Partner
Date
Date
Signature of Notary Public
Date
(SEAL)
1870S01.07/99SR
3
+v
B1ut'Cmss B111t'Shi..lcl
of FIOI'iclil
A' ......~<~.;.~- \'... ,", ,"_,
to.... ~."" ......,~. ,. ,.,.. h..- ,
BlueOptions
For Large Groups
Benefit Summary Plan 1748 with BlueScript Pharmacy Program
With the BlueOptions Network Advantage Plan, you have the freedom to choose between convenient,
affordable care from your in-network Physician, or other providers for care as you see fit In order to
take advantage of lower out.of-pocket costs, simply choose an in-network provider.
Benefits for Covered Services
Member Calendar Year Deductlbles
In-Network (Per Individual' Family Aggregate)
Out-of-Network (Per Individual' Family Aggre9ate)
Coinsurance Percentage Paid by Plan
In-Network Providers
Out-aI-Network Providers
Physician Office Selvices Paid by Plan
In-Network Family Physician
In-Network Specialist (no referral needed)
Allergy Injections per visit
Note: Physician Office Services provided by any provider o'iher
than an In-Network Family Physician or Specialist are subject
to the Calendar Year Deductible and Coinsurance.
Hospitalization Paid by Plan
Inpatient Hospital Facility Services Per Admission
. Option 1
. Option 2
. Option 3
. Out-aI-Network
Outpatient Hospital Facility Per Visit
. Option 1
. Option 2
. Option 3
. Out-of-Network
Physician Services at Hospital and Emergency Room
. In-Network
Physician Services at Locations other than Office.
Hospital and Emergency Room
. In-Network Family Physicians
. In-Network Specialists
Emergency Room Facility Services Per Visit (waived il admitted)
. In-Network
. Out-ol-Network
Note: Out-ol-Network Physician Services at Hospitals, Emergency
Rooms and Locations other than Office are subject to the Calendar
Year Deductible and Coinsurance.
63239-1004
$0' $0
$500' $1,500
100%
60%
100% after $10 Copayment
100% after $20 Copayrn€r~
100% after $10 Copayrnc)nt
100% after $250 Copaymenl
100% after $500 Copayment
100% after $750 Copayrnent
100% after $750 Copayment
100% after $100 Copayment
100% after $200 Copayment
100% after $300 Copayment
100% after $300 Copayment
100%
100% after $10 Copayment
100% after $20 Copayment
100% after $50 Co payment
100% after $100 Co payment
1 of 3
+tJ
n1l1CCI'OSS mllcShil'ld
or FI/lI'ida
..',....,".~'....l.:..'".,' ~.
\-.:...:.,..."."l'.....":,..4,-.-......,.
BlueOptions
For Large Groups
Benefit Summary Plan 1748 with BlueScript Pharmacy Program
Additional Benefits and Features
BlueScript Prescription Drug Program
In the event your Group has purchased pharmacy coverage from Blue Cross and Blue Shield of Florida.
you'lI find a Pharmacy Program information sheet enclosed. Please review it carefully, as you'll find it
contains an overview of your benefits and how to utilize them.
This is not an insurance contract or Benefit Booklet. The above Benefit Summary is only a partial
description of the many benefits and services covered by Blue Cross and Blue Shield of Florida. Inc..
an independent licensee of the Blue Cross and Blue Shield Association. For a complete description of
benefits and exclusions, please see Blue Cross and Blue Shield of Florida's BlueOptions Benefit
Booklet and Schedule of Benefits; its terms prevail.
63239-1004
3013
BlueScript Pharmacy Benefits
Your Prescription Drug Benefit Plan - 15/30/50 (mail order avaiiable)
The plan your employer is offering you includes a
Prescription Drug benefit plan through BlueScript" - our
Pharmacy Program. With a large network of Par1icipating
Pharmacies statewide and nationally. you can obtain
Prescription Drugs at a location convenient to you.
You may also be able to receive more savings on
Prescnptlon Drugs by purchasing your Drugs through the
mail order program.
Benefit Details:
Deductible . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Preferred Generic
Prescription Drugs. . . . . . . .$15 ($30 mail order)
Preferred Brand Name
Prescription Drugs . . . . . . . .$30 ($60 mail order)
Non-Preferred
L~~:_~~ipti()n Dr~~:...~_.. . .$50 ($100 mail o~~er)
Advantages of our Pharmacy Prograrn:
With our BlueScript Pharmacy Program. you'll ",ceive
coverage lor Preferred Generic Prescription Drugs.
Preferred Brand Name Prescription Drugs and Non-Preferred
Prescriptron Dnugs. easy access to Participating Pharm8Cies
throughout Florida and access to National Network
Pharmacies which have over 50,000 Participating Pharmacy
locations. Plus. you should always receive negotiated
discount rates
-tv
BJueCross BlueShield
of Florida
"~Ir"""-~"""
.""'c'O................._.......
Save by purchasing Preferred Prescription Drugs:
By purchasing Prescription Drugs listed on our Preferred
Medication List, you can reduce your out-ol-pod.et costs.
These Prescnptlon Drugs will cost you less than Dnuys that
are not on the list. For even greater savings, YOIJ will pay a
low Copayment for Generrc Prescription Drugs that appear
on the Prelerr(2d Medication List.
The Preferred Medication List. which is part of the
Medrcatlon Gurde. will be delivered in your 'nernbel package
alter you enroll. When reviewing the Preferred Medicatron
List With your doctor!s), ask them to conSider a Drug from
the Preferred Medication List. particularly a Preferred
Generic Prescription Drug; it will save YOIl rnoney.
The National Pharmacy Network:
Tn,~ Natl~nal F'harrnacy Network rnr;ludes 50.00{) chain and
Independent Pharmacies across the United Stoles, and !S
Intended to supplement our statewldl~ nei.work. These
l'>Jationa! Network. Pharmacies ara cont.~acted '1.0 piovide
Prescriptiun Drug service;; to our members traveling or
resrding outside of Florida.
You pay on", the negotiated cost for Prescrrption Drug.;
acquired at Participating Pharmacies. and In most cases is
not the full cost of the Drug. then file a claim for
reimbursement. Simply present your momber I D card
at the time of purchase.
Save through the convenient mail order program:
If you are taking. or plan on taking, Prescription Drugs for
more than a three.month period. the mail order program
offers you a convenient and cost-effective way to fill these
Prescriptions. ThiS program allows covered members taking
Prescription Dnugs to receive up to a full gO.day supply for
one Mail Order Copayment. Prescrrption Drugs ordered
through thiS program are provided by Walgreens Healthcare
Pius, a subsidiary of Walgreens Co.
63351-110t1SU
BlueComplements""
Discounts and more for Blue Cross and Blue Shield of Florida, Inc.
and Health Options, Inc. members.
As part of our ongoing commitment to bringing
expanded choices and greater value to your
health plan. we are pleased 10 offer a program of
discounted products and value-added serVices
called BlueComplements.
BlueComplements is available to you automati-
cally as a plan member at no additional premium
cost. And you can access the services through.
out Florida and. wherE) available, nationwide.
This program includes:
Healthy Alternatives....: Discounts on alterna-
tive care. Enjoy discounts on thousands of alter-
native medicine products and provider services
through this complementary alternative medicine
discount :Jrogram provided by American
Specialty Health Networks. Inc. (ASH Networks).
Receive discounts of up to 25% on the custom-
ary fees for acupuncture, chiropractic and
massage therapy. You'lI also receive up to 45%
discounts and free standard shipping on vita-
mins, herbal supplements. sports nutrition reme.
dies, fitness products, yoga, pilates. health-relat-
ed books, tapes and videos, and more when
visiting 'Mv Stor~' at the Healthyroads website.
In order to take advantage of the discounted
wellness product offerings. you may call ASH
Networks toll-free at 1-877-335-2746 to order
products or request a free catalog.
'Healthy Alternatives is administered by ASH
Networks which has been awarded full accredita-
tion by URAC.
Vision Oneo: Discounts* on vision care.
Receive comprehensive vision care with
significant savings on eye exams and eyewear.
Membi'lrs pay $35 for eye exams and receive up
to 60% off retail prices for frames and lenses.
Offered through Cole Managed Vision.
+,
BlueCrossBlueSbield
of Florida
"".......-a-.-.....
.....c:-_....__
Visit participating optical departments at Sears.
JCPenney Optical, Pearle Vision Centers and
other independent vision care centers through-
out Florida. To locate participating providers,
please call Cole Managed Vision's toll.free
number for members of Blue Cross and
Blue Shield of Florida at 1-800.793-8622.
HEARx*: Discounts on hearing products,
Learn more about hearing loss and understand
your options for improved hearing in a program
administered by HEARx, the largest hearing cars
organization accredited by the Joint Commission
of Accreditation of Healthcare Organizations
{JCAHOI. BCBSF members receive free hearing
examinations - a savings of 25% off the retail
price of any hearing aid purchased at HEARx
cellters, or special promotional prices that
provide even greater savings.
Find out what you may be missing. Since this is
a discount program through HEARx, it is not a
benElfit of your health care plan. Call HEARx
toll-free at l-BOO.731-3277
TruVision"'*: Laser vision correction services.
Explore the possibilities of life without glasses or
contact lenses with affordable laser vision cor-
rection services from TruVision with surgeons
across the country credentialed in refractive sur.
gery. Services include a discounted fee of $895
per eye and now Custom LASI K is also available
at an additional fee. TruVision offers 12 months.
no interest financing upon approved credit.
For more information. call toll-frea 1-877-747-2020
to schedule a pre-operative exam or to receive a
free telephone screening to determine if you are
a good candidate for LASIK or Custom LASIK.
Question 2. Nondiscrimination - Equal Benefits for Employees with Spouses and Employees with Domestic
Partners
Questions 2A and 28 should be answered YES even if your employees must
some or all of the cos1 of spousal or domestic partner benefits.
A. Does your company provide or offer access to any benefits to employees with
spouses or to spouses of employees?
~Yes_No
8. Does your company provide or offer access to any benefits to employees with
(lame or opposite 5)X) domestic partners. or to domestic partners of
emptoyees? ~ Yes ._No
.,.he term Domestic Partner shall mean any two (2) IdlJrts of the same or different
&eX, who have registered as domesti<:: partners with a government body pursuant to
&late or local law authorizing such registration. or wilh an internal registry
mainlalned by the employer of at least one of the donlestic partners. A Contractor
may institute an internal registry to allow for the provision of equal benefits to
employees with domestic partner who do not register their partnerships pursuant to
a govemmenlal body authorizing such regislration, or who are located in a
jurisdiction where no such govemmental domestic partnetShip exists. A Contractor
that institutes such registry shall not impose criteria for registration that are more
stringent than those required for domestic partnership registration by the City of
Miami Beach
If YOU answered ~NO" to both Questions 2A and 28. go to Section 4 (al the bl)tlom of
this page), complete and sign the form. filling in all items requested.
lLm.~Jed "YES" to either or bOlh Questions 2A and 28. please contil'llJe to
Question 2C bekJw
Question 2. (continued)
C, Please cheek all benefits that apply to your answers above and Iisl in the ~oth,'!!r" section
any additional benefits not already specified Note: some benefi1s are proviUed to
empluyees because lhey have a spouse or domestic partner, such as bp.:reavell1ent leave;
other benefits are provided directly to the spouse Of domestic partner, such as medical
insurance.
.----;]
BENEFIT Y(ls'Qr Yes 'fN Emptoyees No, this Benefit Documentation of this
Employeos with with Domestic I. Not OfIersd Benefit is Submitted
Spouns Partners -- with this FOlm
Heollh ....... tr 0 -~--
Dental .v 0 0/
VISion V" " 0 .........
Retlremen1 (Pension, ..... r 0 .....-
4ll1(k).ote.)
Bereavement c 0 y 0
Fami Leave a [) rY [)
Parental Leave 0 0 0 --
Employee Assistance 0 0 ..... 0
Proaram
Reioclltion & Travel 0 0 ...... e
Complny Discount, 0 0 ..... [)
Facilili.. & Ev,,"ts
Credit Union I 0 [) "" / 0
Child Care I n [) .... "
Other pni/LSIJ"I-)"'. IY V 0 '"
,
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
27
Note: If you can not offer a benefit in a nondiscriminatory manner because of reasons
outside your control, (e,g., there are no insurance providers in your area willing to offer
domesUc partner coverage) you may be eligible for Reasonable Measures compliance.
To comply on this basis, you must agree to pay a cash equivalent. submit a completed
Reasonable Measures Application with all necessary attachments, and have your
application approved by the Ctty Manager. or his designee.
Section 3. Required Documentation
YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked In Question 2C. Without
proper documentalion, your company cannot be certif5ed as complying with the City's Equal Benefits
Requirement for Domestic Partner Ordinance. For example, to document medical insurance submit a statement
from your insurance provider or a copy of the ehgibilily section of your plan document; to document leave
programs, submit a copy of your company's employee handbook. If documentation for a particular benefit does
not exist. attach an explanation.
Have you submitted supporting documentation for each benefit offered?
!VeS_No
Sedion 4. Executing the Document
I declare under penally of perjury under the laws of the Slate of Florida that the foregoing is true and
corrf.ct, and that.1 am authorized to bi~~c~~ entity contractu~IIY. I.! _ ".
Execu this ayof V '-.....~. in the year ~DIo. atl'-c..'01~v10 FL.-
City Stale
&.0\ hL..) 4Efl-'5T
Mailing Address
cc;c.;/,I Ie>
t-OlYf-Y--/Y10 '1if".:cl) 8 '330J 3
,
City. State. Zip Code
Name 01 Signatory (please prinl)
Co,-p ~-L.tC-e";A""'( I
Tttle
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
28
..
BlueCross BlueShield
of Florida
An Il'MteptlNlenl Lie.,... of lh,
Blue CrOll and Blue Shield Anociltion
AFFIDAVIT OF DOMESTIC PARTNERSHIP
I, , submit this Affidavit to the
Contractholder and declare to establish as my Domestic Partner (as defined
below) for the purpose of applying for coverage under the Blue Cross and Blue Shield of Florida,
Inc. 's Contract with the Contractholder.
"Domestic Partner" means a person of the same or opposite sex with whom the employee
(herein, Certificateholder) has established a Domestic Partnership.
"Domeslic Partnership" means a relationship belween a Certificateholder and one other person of
the same or opposite sex, who meet all of the following eligibility requirements:
I. both individuals are each other's sole Domestic Partner and intend to remain so indefinitely;
and
2. individuals are not related by blood to a degree of closeness (e.g, siblings) that would
prohibillegal marriage in the state in which they legally reside: and
3. both individuals are unma'Tied, at least 18 years of age, and are mentally competent to
consent to the Domestic Pa.tnership; and
4. both individuals are financially interdependent and have resided together continuously in the
same residence for at least 12 calendar months prior to applying for coverage under the Blue
Cross and Blue Shield of Florida, Inc.'s Contract and intend to continue to reside together
indefinitely; and
5. the Certificateholder has completed and submitted this notarized Affidavit Of Domestic
Partnership to the Contractholder and the Contractholder has approved this Affidavit of
Domestic Partnership.
I affirm that we are Domestic Partners and meet the Domestic Partnership eligibility
requirements and reside together at:
(street address)
(city, state, zip).
I 8708.01.07/99SR
b SafeGuard
nt1\TAt "V1SI0....
SAFEHEAL TH LIFE INSURANCE COMPANY
Post Office Box 30930
Laguna Hills, CA 92654-0930
GROUP ACCIDENT AND HEALTH
PPOllndemnity Master Policy
The Policyholder is: Ric Man International
Policy Nur"ber: 156421
Safe Health Life Insurance Company ("S'nfeHealth") Insures; subject to the provisions, limitations and
other terms contained herein, certain .eligible employees and tMir eligible dependents, and agrees to pay
the benefits described herein upon receipt of due written proof of loss covered by this Policy.
CONSIDERATION. This Policy is issued in consideration of the payment of premiums specified herein, of
the statements and a9reements contained in the application of the Policyholder and of the individual
applications of the insured.'
ADDITIONAL PAGES. The provisions, limitations and other terms set forth in this Policy are a part of this
contract as fully as if appearing over the signature hereto.
IN WITNESS WHEREOF - SafeHealth has caused this Policy to be executed effective at 12:01 A.M.,
Standard Time on November 1, 2004, at the address of the Policyholder for an initial term of one year.
This Policy may be renewed thereafter as herein provided.
If the insured has any questions or would like information about coverage. or needs assistance in
resolving complaints, it may call SafeHealth at 800-880-1800.
SHL.DENTAL.PPO-MP
03.'04
TABLE OF CONTENTS
PAGE
SECTION J -. DEFINITIONS ........................................................................................................................ 1
SECTION II - ELIGIBILITY, EFFECTIVE DATE AND TERMINATION OF COVERAGE ............................ 2
A. Eligibility.......................................... .......................................................................................... 2
B. Eligibility for Medicaid Not Considered .................................................................................... 2
C. Effective Date of Coverage ................................................................................... .................... 2
D. Dependent Coverage and Effective Date of Coverage for Dependents................................... 2
E. Lale Enrollee......................................................................................................................... ... 3
F. Termination of Coverage................................................................ ........................................... 3
G. Cancellation of Policy.................... ....................... .... ........ ......................... ..... ........................... 4
SECTION 111- PREMIUMS ........................................................................................................................... 5
A. Payment of Pnsmiums...............................................................................................................5
B. Grace Period ............................................................................................................................. 5
C. Employee or Dependent Covered by This Policy in Error ........................................................ 5
D. Premium Ar.ijustmenls ............. ............................................ ................................................... 6
E. Change in Premium Rates........................................................................................................6
SECTION IV - PAYMENT OF BENEFITS .................................................................................................6
A. Benefits Payable ..................................................................................................................... 6
B. Deductible ......................................................................... ......... '" ............... ............................. 6
C. Benefit Maximum ......................................................................................................................6
D. Expenses Incurred ..............................................................,.....................................................6
E. Covered Expenses... ..... ... .............. .............. ................ ............... ........ ................................ ...... 7
F. Exclusions and Umitalions...................................................................................................... l
G. No Loss - No Gain.....................................................................................................................7
H. Late Applicant Limitations ......................................................................................................... 7
I. Notice and Proof of Claim ......................................................................................................... 7
J. Payment of Claims ...... ........ ............ .... ....:................................ ..................... .... ....... ................. 8
K. Procedures for Review of Claims Which are Denied in Whole or in Part................................. 8
L. Necassary Dental Care............................................................................................................. 8
M. Covered Benefits....................................................................................................................... 8
N. Recovery of Benefits Paid By Mislake...................................................................................... 8
O. Benefits Available From Other SourceJ - Subrogation ............................................................ 9
P. Treatment Outside of the United Stales......................... ..........................................................9
Q. Assignment of Benefits ................................................. ......................................... .................9
SHL-DENT Al.PPO.MP
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SECTION V - COVERED SERVICES AND MATERIALS AND EXCLUSIONS AND LIMITATIONS ........ 10
A. Covered Services and Materials ............................................................................................. 10
B. Exclusions and Limitations...................................................................................................... 10
C. Alternate Procedures .............................................................................................................. 10
D. Pre-Determination of Benefits................................................................................................. 10
SECTION VI- COORDINATION OF BENEFITS (COB)...........................................................................10
SECTION VII - STANDARD PROViSiONS................................................................................................11
A. Entire Contract. Changes and Incontestability ...................................................................... '11
B. Waiver of Rights..........................,...........................................................................................11
C. Legal Actions ... ...... ....... ......................................... ....... ....... ...............,.... ......................... ....... 11
D. Physical Exam........................................................................................................................ 11
E. Right of Recovery................................................................................................... ................. 12
F. Tenm of Policy .........................................................................................................................12
G. Notice of Claim ........................................................................................................... ............. 12
H. Proof of Loss ........................................................................................................................... 12
I. Grievances And Appeals......................................................................................................... 12
J. Right to Examine Records ........................................................................................ ............. 13
K. Conformity with State Stlltutes................................................................................................13
L. Policy Non-Participation ..........................................................................................................13
M. Certificates ................................................................................................. ............................ 13
N. Waiver of Rights ............ ............................................................................................ .............. 13
O. Binding Arbitration .................................... ............. ................................... .............. ........... ...... 13
SECTION VIII.. CONTINUATION OPTIONS ............................................................................................ 13
A. Federal COBRA (Policyholders with 20 or more Employees) ................................................ 13
B. State "Cal-COBRA" (Policyholders with less than 20 employees) ........................................ 15
C. Extension of Benefits .............................................................................................................. 17
SECTION IX - STATEMENT OF ERISA RIGHTS..............................................................................,....... 17
SECTION X - FAMILY AND MEDICAL LEAVE CONTINUATION............................................................. 16
SHl.O:NTAl-PPO-MP
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01/(14
SECTION I -- DEFINITIONS
GENERAL DEFINITIONS
"Benefit Year" - A Benefit Year for each Covered Person, is the consecutive twelve-month period of
coverage, starting on the date such person first became covered under this Plan, and each consecutive
twelve-month period of coverage thereafter.
"Calendar Year" - Shall mean the 12 month period commencing at 12:01 A.M. on January 1st and
ending at 12:01 A.M. on the following January 1st and each subsequent 12 month periOd thereafter.
"Contract Year" - Shall mean the 12 month period commencing at 12:01 A.M. on the date of execution
of the contract between the Organization and SafeHealth and ending at 12:01 A.M. on the following 12
month anniversary thereafter.
. "Covered Expenses" - Covered Expenses under this Plan shall be only those that are Medically
Necessary and which are included in the Covered Expense sections of this Plan. Expense is considered
to be Incurred on the date service is rendered or supplies am furnished. Except as indicated un de,
Dental Expense Benefits.
"Covered Person or Individual" - Shall mean an Eligible Covered Person or Eligible Dependent whose
coveraga under this Plan is in force with respect to any covered benefits.
"Dentist" - A licensed graduate of a recognized dental facility having received a diploma as a D.D.S.,
D.M.D. or L.D.S., which entitles him to treat teeth and the associated tissues of mouth.
"Oent.al Hygienist" - Shall mean a qualified dental hygienist who has taken and passed a course in
dental hygiene under a recognized dental facility, and has received a diploma as a qual;fted denial
hygienist.
"OGnturist" - A dental technician specializing in making and fit[jng dentllra. as a direct s91vice to the
pUblic rather than through a licensed dentist.
"Eligibility" - Shall mean any person upon becoming a Covered Person of the Policyholder Insurance
Trust, or any person becoming employed by a covered employer Is eligible to apply for Insurance under
this Plan, subject to underwriting rules and requirements of the Insurance Company.
"Injury" - Injury wherever used in this Plan, means bodily Injury of a Covered Person caused by an
accident occurring while this Plan is in force and resulting directly and independently of all other causes in
eXpenses covered by this Plan when said expenses are incurred while this Plan is in force as to the
Covered Person.
"Insured" - Shall refer to the Covered Person eligible to subscribe to the benefits provided under this
Plan. Eligibility will be determined by the employer or Organization. Insured Is sometimes referred to as
"Covered Person".
"Medically Necessary" - With respect to each service or supply, the term "Medically Necessary" shall be
defined as those services or supplies which meet all the criteria listed herein:
1, It Is rendered for the treatment or diagnosis of a covered injury or illness: and
2. it is appropriate for the symptoms. consistent with the diagnosis. and is otherwise in
accordance with generaily accepted medical/dental practice and professionally recognized
standards: and
3. it Is the most appropriate suppiy or level of service needed to provide safe and adequate
care.
SHL.OE~T AL-PPO-M?
03.'(14
"Organization" The employer or other entity which has contracted with SafeHealth to insure benefits
under this Plan.
"Plan" - Shall mean the Insurance coverage provided by this Policy to a Covered Person.
"Provider" - means any licensed dentist, denturist, or other professional provider of services which are
reimbursable under this Policy.
"Sickness" - Sickness wherever used in this Plan, means a condition or an episode, other than Injury,
marked by a pronounced deviation from the Covered Person's normal well state. causing expense
covered by this Plan when said expenses are Incurred while this Plan is in force as to the Covered
Person.
"SafeHealth, We, Us, Company, Insurance Company" - Shall mean SafeHeallh Life Insurance
Company.
SECTION II . ELIGIBILITY, EFFECTIVE DATE AND TERMINATION OF COVERAGE
The following provisions set forttl the general eligibility provisions under this Policy.
A. Eligibility
The persons eligible to apply for Insurance under this Policy are the employees or Covered Persons of
the POlicyh<Jlder;
. who are actively at work for the Policyholder (or in the case of associations, are Covered Persons
of the association) on the date it becomes a Polic}'holder; or
. who become employed by this Policyholder (or in the case of associations, when they become
Covered Persons) after it becomes a Policyholder and who have been actively at work for this
Policyholder for the Waiting Period specified by this Policyholder.
The term employee may include Individual proprietors, partners, officers, and managers.
If a spouse or child is covered as an eligible employee, he or she may not be covered under the Policy as
a dependent. If both husband and wife are covered as eligible employees, an eligible child may be
insured as the dependent of only one of them.
B. Eligibility for Medicaid Not Considered
SafeHealth shall not consider the availability or eligibility for medical assistance under Medicaid, when
considering eligibility for coverage or making payments under this Policy.
C. Effective Date of Coveraga
SafeHealth may impose an inlllal eligibility requirement for a Covered Person that must be satisfied
before som,~ or all coverage becomes effective under the Policy. In order for coverage to become
effective, a written and signed enrollment application must be received by SafeHeallh and any required
premiums must be paid. SafeHealth must receive such enrollment application within 30 days of the date
that each eligible person becomes eligible for coverage. If SafeHealth does not receive It within 30 days.
such person will be considered a late enrollee.
D. Dependent Coverage and Effective Date of Coverage for Dependents
Your Organization is responsible for determining dependent eligibility. In the absence of such a
determination, SafeGuard defines eligible dependents to be;
. The lawful spouse or domestic partner of the Covered Person. if the Organization provides such
coverage.
SHL.DENTAL-PPO-MP
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. The children or grandchildren of the Covered Person up to age 25 for whom he or she provides
care (including adopted children, foster children, step-children, or other children for whom the
Covered Person is required to provide dental care pursuant to a court or administrative order.)
. Children who are incapable of self-sustaining employment due to developmental disability or
physical handicap and who are dependent on the Covered Person for their support and
maintenance; and
. Other dependents If the Organization provides benefits for these dependents.
Newborn children and newbom adopted children are covered from birth. Legally adopted children. foster
children, and step-children are covered from the day they ara placed with the employee. Safe Health will
also honor any court ordered coverage for any other dependents.
If a claim is denied due to a handicapped child having reached the age of 25, the policyholder shall
establish that the child Is and continues to be disabled.
Addition or deletion of Dependents will be allowed only during open enrollment unless there is e change
in family status such as marriage. birth, adoption. death, divorce, or acquiring or losing coverage due to a
change in the spouse's enrollment status. To enroll dependents, a written enrollment application must be
delivered to Safe Health and any required premiums must be paid. SafeHealth must receive such
enrollment application within 30 days of the date that the dependent become eligible for coverage,
otherwise the dependent will be considered a late enrollee.
E. Late Enrollee
An employee or dependent who does not enroll during the initial 30-day enrollment period will be
considered a "late enrollee". A late enrollee will not be eligible to enroll until the next open enrollment
period. Charges not covered due to this provision are not considered Qovered services.
If an employee or dependent enrolls after the initial 30-day enrollment period, he or she will not be
considerelj a late enmllee in the following situations if he or she was covered under another dental plan
during his or her initial enrollment period and;
a) certified during his or her initial enrollment period that coverage under another dental plan was
the reason for declining enrollment;
b) has lost or will lose coverage under another dental plan as a result of: i) termination of
employment of the parson; II) change in employment status of the person; iii) termination of the
other plan's coverage; Iv) cessation of an Policyholder's premium contribution toward an
employee's or dependent's coverage; or v) death of a spouse, or divorce; and
c) requests enrollment within 30 days after termination of coverage under another dental banefit
plan; or
d) a court orders coverage be provided for a spouse or child of an insured employee and request for
enrollment under this plan is made within 30 days of the issuance of the court order: or
e) he or she is employed by a Policyholder that offers mulliple dental plans and the empioyee elects
a different plan during an open enrollment period.
F. Termination of Coverage
Coverage will automatically terminate on the earliest of the following dates:
1. the date this Policy is canceled;
2. the date that premiums are not paid. subject to the grace period;
SHL-D=NT AL.??O.M?
3
03,'(,.:2
3. the date that employees are no longer in an employee class that is eligible for coverage under the
Policy or no longer meet the definition of employee:
4. the date that the employee enters active duty with the armed forces of any country:
5. the last day of the month in which and employee is no longer employed on a full-time basis by the
Policyholder; or
6. the last day of the month in which the employee's employment with the Policyholder terminates:
7, the date a Covenad Person becomes covered under another dental plan which is sponsored by
the Policyholder;
8. upon notice from Safe Health if SafeHealth determines that a Covered Person has performed an
act or practice that constitutes fraud or made an Intentional misrepresentation of material fact
under the terms of coverage;
9. upon notice from SafeHealth if a Covered Person permits any other person to use his or her
identification card to obtain services under this dental plan:
. 10. upon notice from SafeHealth if a Covensd Person assaults or threatens bodily Injury to one of
SafeHealth's employees or an affitiate or an employee of a provider;
11. on the last day of the month that a Covered Person no longer works or lives Within the selvice
area; or
,
12. the first premium due date that follows the date a Covered Person's empioymen, status changes
and either he or she become employed less than full time or his or her active work for the
Policyholder ends, except when Note A or Note B below applies.
Note A: If active work ends because an injury or sickness disables the insured so that he or she
Is unable to engage in hislher occupation. this Insurance may be continued during that disability until U1S
premium Is no longer paid. Coverage for disabled employees wifl be permitted only if the employer has
rules regarding the length time it will continue coverage for disabled employees.
Note B: If active employment ends because of a temporary lay off, coverage may be continued
whUe the layoff or leave continues until the earlier of (1) the first premium due date that falls on or that
next follows the 60th day after the date the Insured was last actively at work; or (2) the end of the last
month for which pnsmium was paid.
Coverage for employees on layoff or leave may be continued only If the employer has rules regarding the
length of time It will continue coverage for employees on layoff or leave.
Dependent coverage will automatically temlinate on the earliest of the following dates:
1. the date that a Covered Person's coverage terminates:
2. the date that a required contribution or payment for dependent premiums is not made;
3. the last day of the month in which a dependent no longer meet the definition of dependent; or
4. the date that a dependent enters active duty with the armed forces of any country.
je
~;
G. Cancellation of Policy
Except as prohibited by iaw. the Policy and all of the insurance ends on the earliest of the following:
SHL.DENTAL.?PO.M~
4
(lj/04
. The date the premium is not paid when due. Unless the Policyholder gives written notice to
Safe Health to end the Policy, the grace period applies.
. The first premium due date after the Policyholder gives SafeHealth 45 days written notice to end
the Policy. If the Policyholder does not give advance notice and the Policy ends because the
premium is not paid, the grace period applies.
. The first premium due date after SafeHealth gives the Policyholder 45 wrlllen notice to end the
Policy if Safe Health determines the Policyholder has performed an act or practice that constitutes
fraud or made an intentional misrepresentation of material fact under the terms of the coverage.
. The first premium due date after Safe Health gives the Policyholder 45 written notice to end the
Policy if the Policyholder materially changes Its nature of business.
. The first premium due date after SafeHealth gives the Policyholder 45 written notice to end the
Policy if Safe Health determines the Policyholder has failed to comply with Policyholder
contribution or group participation provisions.
. The premium due date that SafeHealth cancels the Policy. SafeHealth must give the
Policyholder advance written notice of at least 45 days before the Policy is to be canceled.
SECTION III - PREMIUMS
A. Payment of Premiums
'~
", :j,~
Premiums are due on or before the first day of the month. If a Covered Person's coverage becomes
effective on the 16th day of e month or later, or terminates on the 15th day of a montll or before. no
premium will be cllIe for that month for that person. The mo~lhly premium is set forth on the face stlnet or
this Policy.
B. Grace Period
If the premium Is received by $afeHealth within 31 calendar days of the premium due date, the gr:JUp
coverage will continue In force. If the premium is nol received by SafllHealth within 31 calendar days of
the premium due date. SafeHealth will mail e notice to the employer at least 45 days prior to the date rhe
policy wHI terminate. If the premium is not received by lhe date stated in the notice, the pOlicy will
tanninate.
The Covered Person is ,'espons/ble for any dental expenses whir.h lTIay have been in':urred during the
grace period in Ule event 01 lermination of this policy for non-payment, even If flle Empioyer does not
notify Covered Parson of the termination.
C. Employee or Dependent Covered by This Policy In Error
Any person enrolled in error or In violation of this policy is not entitled to any benefits. SafeHealth will
make proper adjustment to cover any premiums paid under such circumstances.
SafeHealth may recover any benefits paid while enrolled in error. SafeHeallh's may deduct amount paid
by mistake from future benefits of the employee or from any dependent of the employee's family.
SafeHeallh shall have the right, upon notice, to examine the employer's records, including payroll records,
with respect to eligibility and monthly premiums under this Policy. The employer Shall have the right,
upon notice, to examine our records pertaining tv employer with respect only to enrollment. eligibility and
receipt of monthly premiums under this Policy.
SHL-OENTAL.PPO-MP
5
03104
D. Premium Adjustments
Refunds in connection with the retroactive or unreported termination of a Covered Person's coverage
under this policy will be limned to the 2-month period prior to the date the request for refund was made. If
a retroactive termination refund is given, the Employer must: (1) repay SafeHealth the amount of any
claims incurred and paid after a Covered Person's adjusted termination date: and, (2) assume full
responsibility for the terminated Covered Person's unpaid claims, If any.
E. Change In Premium Rates
SafeHealth reserves the right to change premium rates: however, such premium rate shall not be
changed without 45 days advance written notice from SafeHealth to the policyholder. Notice shall be sent
by Safe Health to the last known address of policyholder. SafeHealth guarantees that it will not increase
the premium rates during the Initial contract year.
SECTION IV - PAYMENT OF BENEFITS
This provision of dental benefits Is subject to all of the terms end provisions of this policy. Services
rendered before the effective date of this policy will not be covered.
A. Benefits Payable
If you, while Insured under the Dental Expense Benefits of this Policy, incur expenses for any Dantal
Procedure covered in the accompanying Summary of Benefits attached as Exhibit A and inc:orporated
herein by refe'ance, and If such procedure is performed by a Dentist who is not a member of the
Participating Panel of Dentists of SafeHealth lif!, Insurance Company, while this insurance is in fOl'C<3, fJH
I.: Company will pay the p~rcllntage shown in toe Summary of Benefits for such expenoes incurred In
'i" excess of the Deductible. subject to €lny applicable Waiting Period and the Exclusions and limitations
. ".J,l,>, section of the Summarf of Benefits and not to exceed the Benefit Maximum for all procedures as shown
U In the Summary of Benefits.
B. Deductible
The Deductible Is the Amount of Covered Dental Charges to be incurred bl' a Covered Person in each
Calendar Year or Contract Year before benefits will be payable toward Covered Dental Charges he or
she Incurs during the rest of that year.
No benefits under this Policy will be paid toward Covered Charges used to meet the Deductible.
The Deductible amount for each Covered Person during each Calendar Year or Contract Year is as
shown In the Summary of Benefits.
No deductible credits will be allowed for dental expenses Incurred prior to the effective date of your
coverage under this Policy.
C. Benefit Maximum
The maximum amount payable for all Covered Dental Procedures for each Covered Person shall not
exceed In the aggregate. the Benefit Maximum shown in the Summary of Benefits, during each Calendar
Yaar.
D. Expenses Incurred
Expenses will be considered to have been Incurred on the date the dental service is rendered. However.
certain treatment can take time to complete; therefore, work is considered to have begun as follows:
. For dentures. when the impression is taken.
. For fixed bridges. crowns or gold restorations, when the tooth is first prepared.
SHl-DENTAl-PPO.MP
6
0:)/04
. For root canal treatment, when the tooth is opened.
Orthodontia Expenses:
Payment for orthodontia treatment, if applicable, will be made in equal installments. Installments will be
paid at the end of each quarter during the course of treatment. Payments will stop If coverage ends. If
treatment stops before completion, benefits will only be paid for services received.
E. Covered Expenses
Except as excluded under the Exclusions and Limitations, expenses covered hereunder are the charges
for the dental services and supplies listed in the Summary of Benefits. The benefit is intended to cover
treatment that is customarily given by Dentists throughout the country to eliminate oral disease and to
replace missing teeth. The Company will compare the charge for each traatment with the charges for
comparable treatment made by the other Dentists In the area. Covered Expenses are charges which are
not more than the amount customarily charged by the majority of Dentists in your area, as determined by
the Company. In most cases. the Dentlsrs charges will be well within the range of prevailing fees in the
area.
Howevar, If the Dentist's charge is more than the customary charges dete/mined by the Company. you
will have to pay the difference. Of course, unusual dental complications will be taken into consideration.
The possibility of an elternate treatment can also affect the amount of the Covered Expense. See
Altemate Procedures for how this works.
F. Exclusions and Limitations
The Exclusions and limitations for this Policy are lisled on the Summary of Benefits, attached as Exhibit
A and incorporated herein by reference.
G. NtI Loss - No Gain
If Insured has had continuous group denial coverage for the previtlus 12 months, the Company wm apply
any deductible or co-insurance payments credited by the previous carrier in the calculation of its
allowable charges.
tl. Late Applicant limitations
Any person who applies for coverage after hislher eligibility date is subject to at first year benefit limitation
of$100.00. This applies to all levels of coverage: Preventivo, General and Major.
t. Notice and Proof of Claim
Written notice of any claim should be given to SafeHealth within 180 days. Notice may be given to
Safe Health at SafeHealth life Insurance Company, Post Office Box 30930 Laguna Hills, CA 92654-
0930.
SafeHealth will furnish the Policyholder forms for filing proof of loss, if applicable. A written proof of claim
within the relevant time period will also suffice. Such written proof must cover the occurrence, the
character and the extent of the loss.
Safe Health will respond to submitted claims as follows;
1. Expedited Claims will be decided upon no later than 72 hours following receipt of the claim. If
additional infonmation is needed to make a detemnination, SafeHealth will notify the Covered
Person within 24 hours following receipt of the claim.
SHL .DENT AL .PPO-MP
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(.3i04
2. Pre-Service Claims. A Covered Person may, but is not required to, request a pre-traatment
estimate of payment for proposed services. A pre-treatment estimate of payment will be decided
upon no later than 15 days following receipt of the claim. If additional informal/on is needed to
make a determination, SafeHealth will notify the Covered Person within 15 days following receipt
of the pre-treatment estimate.
3. Post-Service Claims will be decided upon no later than 30 days following receipt of the claim. If
additional informallon is needed to make a determination, SafeHealth will notify the Covered
Person within 30 days following receipt of the claim. The Covered Person will have up to 45 days
to provide the edditlonallnformation. SafeHealth will make a final determination within 15 days
fOllowing receipt of the additional information. or within 15 days of the end of the 45-day period if
the Covered Person has not responded.
J. Payment of Claims
Benefits will be paid directly to the Covered Person, if applicable, unless otherwise directed, for covBred
services. SafeHealth cannot require that services be rendered by a particular provider.
Any accrued benefits unpaid at the lime of death of a Covered Person may, at SafeHealth's option, be
paid to the estate 01 the Covered Person estate. All other benefits will be payable to the Covered Person.
Any accrued benefits unpaid at death will be paid to the estate of the Covered Person, except as may be
proviped in any specific benefits of this Certificate, or on any attached Certificate Riders or
Endorsements.
K. Proceduros for Roview of Claims Which are Denied in Whole or in Part
Within 60 days after a Covered Person or hlslher beneficiary received a written notice of denial of a claim.
he or she may:
1. Request, In writing, to review the claim.
2. Review pertinent documents.
3. Submit issues alld documents, in writing. to us.
SafeHealth will reply no later than 30 days after the receipt of a request for review. In the event special
circumstances require an extension of time for processing a decision will be made as soon as possible
but no later than 60 days after the receipt of a request for review.
T,he decision made upon review shall be in writing and shall inClude specific reasons for the
determination, with specific raferences to the pertinent plan provisions on which determination is besed.
L. Necessary Dental Care
Benefits will be allowed only for the expense of services and supplies, which, In the Judgment of
SafeHealth, are Necessary Dental Care. Although a provider may prescribe a service or supply, it does
not make the charge a covered expense.
M. Covered Benefits
Except as excluded under the Exclusions and Limitations, covered benefits are iisted in the Schedule of
Benefits.
N. Recovery of Benefits Paid By Mistake
SafeHealth will have the right to recover the payment from the person paid or anyone else who benefiled
from it, including a provider of services if:
SHL-DE:NT..6.l-PPO_MP
8
03/04
1. SafeHealth makes a payment to which a Covered Person is not entitled under this policy; or
2. SafeHealth pays a person who is not eligible for Benefits at all.
SafeHealth's right of recovery Includes the right 10 deduct the amount paid by mistake from future benefits
of the employee or from any dependent.
O. Benefits Available From Other Sources - Subrogation
Situations may arise in which a Covered Person's dental expenses are the responsibility of a source other
than SafeHealth. SafeHealth may have a legal right to recover the costs of dental expenses from a third
party. For example, the Covered Person may be entmed to care or reimbursement from a government
agency or program, Including care for military service related conditions if such care is reasonably
available.
The fOllowing rules will apply in such situations.
"Injured person" under this section. means a Covered Person who sustains compensabla injury.
"SafeHealth's dental expenses" means the expenses incurred and the reasonable value of the Benefits
provided by SafeHealth for the care or treatment of the injury sustained.
If the injured person was Injured by an act or omission of a third party giving rise to a claim of legalliabi/ity
against the third party, SafeHealth will have the right to recover its dental expenses from the third party.
This right is commonly referred to as subrogation. SafeHealth will be subrogated to and may enforce all
rights of the Injured person to the extent of SafeHeailh's dental expenses. SafeHealth's equitable and
contractual rights of subrogation are limited in accordance with Oregon law.
The injured person and his or her agents must cooperate fully with Safe Health in its erfOf1s to collect
SafeHealth's dental expense.;. This cooperation will include, but is not limited to, supplying Safe Health
with information about any defendants and/or insurers related to the Injured person's claim. The InJunsd
person and his or her agents will pem,1t SafeHealth to Intervene in any action flied against any third party.
The injured person or his or her agents will do nothing to prejudice SafeHealth's subrogation rights
SafeHealth will not pay any attorneys' fees or collection costs to attorneys representing the injured person
where it has retained its own legal counselor acts on its own behalf to represent its Interests, unless
there is a written fee agreement signed by SafeHealth prior to any collection efforts. When reasonable
collection costs have been incurred with SafeHealth's prior written agreement to recover Safe Health's
dental expenses, there will be an equitable apportionment of such coUectlon costs between SafeHeallh
and the injured person subject to a maximum responsibility of SafeHealth equal to one-third of the
amount recovered on behalf of Safe Health.
This provision does not apply to occupationally Incurred disease. sickness and/or injury.
SafeHealth will not recover anything under this section until the Covered Person !las recovered all
damages sustail1ed in connection with the injury,
P. Treatment Outside of the United States
No benefits are payable for dental services and supplies obtelned outside Ihe United States, except for
covered charges incurred for emergency treatment, and then only up to the maximum benefit allowance
as shown In the Schedule of Benefits. Payment is based on United States currency.
Q. Assignment of Benefits
No Benefit, right or interest under this polley can be assigned or transferred except to a provider.
SafeHeallh will pay benefits to a Covered Person unless an esslgnment of benefits is signed. If no
assignment of benefits is assigned. all benefits will be paid to the Covered Person.
SHL-DENTAL-PPQ.MP
9
031(14
SECTION V .. COVERED SERVICES AND MATERIALS AND EXCLUSIONS AND LIMITATIONS
A. Covered Services and Materials
Please nsfer to the Schedule of Benefits attached as Exhibit A,
B, Exclusions and limitations
Please refer to the Schedule of Benefits attached as Exhibit A.
C. Alternate Procedures
There Is often more than one way customarily used by Dentists to treat a dental problem. Different
materials or procedures may be used to correct the seme problem.
For example, a tooth could be repaired with an amalgam filling. That same tooth could also be repaired
with a more expensive cap (crown) or gold filling.
The Company will allow as Covered Expenses only the least expensive services and supplies which are
appropriate and meet acceptable dental standards,
You and the Dentist may decide that you want the more expensive treatment. If so, you must pay the
charges which ana greater than the Covered Expense for the less expensive tnaatment.
Because the Company has this Alternate Procedures provision, it is Important for you to use
Pre-Determln~tion of Benefits. It will tell you how much the Company will pay for treatment.
D. Pre-DetermInation of Benefits
This is a way of telling you ahead of time how much will be paid for dental work. It will help to avoid
surprises. Many times dental work is likely to cost more than $300. If so. you should ask the Dentist to file
for Pre-Determination of Benefits with the Company. Most Dentists know about this procedure.
Here Is how It works:
. Get a dental claim form from your employer. Give it to your Dentist. The Dentist will tell the
Company what work needs to be done. This work is called the "\reabnent plan."
. The Dentist lists the services and charges on the claim form and sends ~ to the Company.
. The Company tells you and the Dentist what amount the benefrt will pay. You should discuss the
treatment plan with the Dentist before the worl< is done.
If the Dentist changes the treatment plan, the amount of payment may change. If the Dentist makes a
major change, a new denta'j claim form should be sent to the Company.
If you do not use Pre-Determination of Benefits, payment will be based on whatever Information the
Company has about the case.
SECTION VI - COORDINATION OF BENEFITS (COB)
We coordinate our benefits with those who may be entitled to from other policies. This prevents
duplication of payment if a Covered Person is covered by another group insurance plan, no fault
automobile insurance or a government program, not including Medicare or Medicaid. The combined
benefits from all policies may pay up to. but no more than, the tolal covered expense.
If there Is a Policy primary to this one, it will pay first. Then, this Policy will pay the difference between the
primary policy payment and the usual and customary fee that SafeGuard pays its contracted dental care
providers, but no more than it would have paid if lhere were no other coverage.
SHL-OENTAc-PPO-MP
10
OJ/04
Which Policy Is Primary?
The Policy which covers a person as an employee is primary for that person. For exampla, if e Covered
Person is covered under his or her spouse's Policy, that Policy is primary for tha spouse and secondary
for the Covered Person and this Policy Is primary for the Covered Person and secondary for the spouse.
For dependents covered by both parents' Policies, the parents' birthdays will be used to determine which
Policy Is primary. The parent whose birthday falls first In the time of year will be primary for the children.
For example, if the mother's birthday is In June and the father's in July of that same year, the mother's
Policy will be primary for the children. However, if the other Policy does not use this birthday rule. the
father's Policy will be primary for the children. In the case of divorced or separated parents, the Policy of
the parent with custody will pay first, then the Policy of the step-parent with custody, and finally the Policy
of the parent without custody.
If financial responsibility for health and dental care has been assigned to one parent by court order. the
Policy of that parent will pay first.
If a Covered Person covered as an employee under two Policies and both Policies coordinate benefits,
the Policy that covers the Covered Person as an active employee will be primary.
If a Covered Person is covered as an active employee under this Policy and as a retiree or laid off
employee with the other Policy, our Policy will pay before the other Policy. If the other Policy does not
coordinate benefits, that Policy will be primary. If a spouse Is also covered as an employee and/or
retiree, those Policies will be primary for the spouse and secondary for the Covered Person.
SECTION VII - STANDARD PROVISIONS
A. Entire Contract - Changes and Incontestability
The Policy, the application of the Policyholder, and the individual applications, if any, of the Insured
Persons make up the entire contract between SafeHealth and the Policyholder. Any statement made by
the Policyholder, or by any Covered Person shall, in the absence of fraud, be deemed a representation
and not a warranty. No such statement shall void the insurance or reduce the benefit.. under this Policy
or be used in defense to a claim for loss Incurred or disability commencing after the insurance coverage
with respect to which claim is made has been in effect for two years from the date II became effective.
No change In the Policy will be effective until it is approved by one of SafeHealth officers. This change
and approval must be noted on or attached to the Policy. No agent may change the Policy or waive any
of Its provisions.
B. Waiver of Rights
If SafeHealth fails or chooses not to enforce any provision of this Policy, such omission will not affect
SafeHealth's right to do so at a later date, or to enforce any other provision.
C. Legal Actions
No action at law or in equity may be brought to recover benefits prior to the expiration of 60 days after
written Proof of Loss has been furnished. No such action may be brought after the applicable statute of
limitations.
D. Physical Exam
SafeHealth has the right to have any Covered Person examined at Safe Health's expense while a claim is
pending payment.
SHL.OENTAL-PPo.r~p
11
03/{I4
E, Right of Recovery
SafeHealth has the right to recover any excess benefits paid from any persons to, or for, or with respect
to whom, such payments were made, or from any other insurers, health care service plans or other
organizations.
F. Term of Policy
This policy will remain in effect for the term specified on the Face Sheet. The policy will be renewed
automatically, from year to year thereafter, until terminated.
G. Notice of Claim
Written notice of claim must be given within 20 days after a covered loss starts or as soon as reasonably
possible. The notice may be given to the insurer at its home office or to the insurer's agent. Notice
should include the name of the insured end the policy number.
H. Proof of Loss
.J
If the policy provides for periodic payment for a continuing loss, written proof of loss must be given to
SafeHealth within 90 days after the end of each period for which SafeHealth is liable. For any other loss.
written proof must be given within 90 days after such loss. If it was not reasonably possible to give
written proof in the time required, SafeHealth shall not reduce or deny the claim for this reason if the proof
Is filed as soon as reasonably possible. In any even, the proof requinsd must be given no iater than one
(1) year from the time specified unless the claimant was legally Hlcapacitated.
I. Grievances And Appeals
SafeHeallh's Member Services Department is available to respond to any questions or ~.o;nplaints. If the
problem is not resolved at that lavel, grievance and appeals rights set forth below apply. SafeHealth will
assist a Covered Person in filing a Grievance when he or she has a complaint and asks for help to put it
In writing.
1. Grieval,ce. A Covered Person aggrieved by an Adverse Benefit Decision has 180 days from the
date of the Adverse Benefit Decision to file a Grievance requesting reconsideration of the
decision. The Covered Person must submit ail infomnation in support of the Grievance.
SafeHeallh will acknowledge the Grievance within 7 days and report Its decision and rationale
wtthln 30 days (72 hours for Expedited Claims). SafeHeallh may have an additional 15 days to
resolve the issue if the Covered Person Is notified within the first 30 days of the delay and of the
specific reason for the delay. The Covered Person will be informed of the determination in writing
and notified of further appeal rights.
2. Appeal. A Covered Person has 60 days following receipt of the written determination to fiie a
written appeal. The request will be reviewed by the Appeals Committee, which will involve
different staff than have been involved before. SafeHealth will acknowledge the Appeal within 7
days and will make its review and report its decision and rationale within 30 days. The Covered
Person will be informed of the committee's determination in writing and notified of further appeal
rights as weil as the possible right of Covered Persons participating in ERISA-qualified plans to
seek legal redress under Section 502(a) of ERISA.
3. Subsequent Appeal. A Covered Person not satisfied with the determination of the Appeals
Committee has 60 days after receipt of the determination to file a wrilten request with SafeHealth
for further review. The request will be forwarded to an Appeals Committee comprised of different
individuals than the earlier Appeals Committee. The Covered Person or a representative of the
Covered Person may appear before this committee. SafeHealth will acknowledge the Appeal
within 7 days and will make its review and report Its decision and rationale within 30 days. The
Covered Person wiil be informed of the committee's determination and rationala in writing and
SHL.DENT AL.PPO-M?
12
Oj/04
notified of further appeal rights as well as the possible right of Covered Persons participating in
ERISA-qualified plans to seek legal redress under Section 502(a) of ERISA.
J. Right to Examine Records
SafeHealth has the right to examine all pertinent medical, dental, or other records of a Covered Person
pertaining to any cases for which Benefits are claimed and discuss matters pertaining to those cases with
the Covered Person's providers. If the Covered Person does nol consent to the release of records or
discussions with providers, SafeHealth will be unable to determine the proper payment of any Benafits
and will deny the claim accordingly.
Consent to the release of records and discussion with providers Is a condition of payment of any Benefits
by SafeHealth. Neither the consent to nor the actual examination of the records or discussion with
providers will const~ute a guarantee of payment.
SafeHealth has the right to examine payroll records at reasonable times regarding premium payments
made under this policy.
K. Conformity with State Statutes
Any provision of the Policy which Is in conflict with the laws of the state. in which the Policy was delivered
or issued for delivery, is amended to confonm to the minimum requirements of such laws.
L. Polley Non-Participation
The Policy is not in lieu of and does not affect any requirements for coverage by workers' compensation
insurance.
M. Certificates
Safe Health will Issue to the Policyholder, for delivelY to the Covered Person an Individual certific-.ate
describing the benefits to which the Covered Person is entitled under the Policy and to whom they are
payable.
N. Waiver of Rights
If SafeHealth fails to enforce any provision or condition of the Policy, this failure will not affect ~s right to
do so at a later date, nor will it affect their right to enforce any other provision or condition of the Policy.
O. Binding Arbitration
Each and every disagreement, dispute or controversy concerning the construction, Interpretation.
performance or breach of this Master Policy, or the provision of Dental services may be voluntarily
submitted to arbitration In accordance with the American Arbitration Association rules and regulations,
whether such dispute involves a claim in tort, contract or otherwise. Arbitration shall be initiated by written
notice to the President, SafeHealth Life Insurance Company, 95 Enterprise, Suite 100, Aliso Viejo,
California 92656-2605. The notice shall Include a detailed description of the matter to be arbitrated.
SECTION VIII . CONTiNUATION OPTIONS
A. Federal COBRA (Policyholders with 20 or more Employees)
1. A Covered Person who would otherwise lose coverage under this policy may continue
uninterrupted coverage upon arrangement with Employer In compliance with the Federal Consolidated
Omnibus Budget Reconciliation Act of 1985 (COBRA). Eligibility is conditioned upon payment of the
applicable monthly premium to Employer. The following are "qualifying events":
SHL-DENT AL-PPO-f\~P
13
0'::./('4
a) Tenminatlon of employment, including lay-off or reduction In hours (except for gross
misconduct);
b) Death of the Covered Employee;
c) Divorce or legal separation:
d) Loss of eligibility of a covered Dependent child: or
e) While covered Dependents. are on continuation with the Employee. the Employee
becomes entitied to Medicare benefits.
2. Coverage under COBRA continues only upon timely payment of the applicable monthly premium
to Employer and ends on the earlier of: .
a) Tenmination of this group policy;
b) Coverage under any other group health plan, including Medicare, which does not contain
any exclusion or limitation with respect to any pre-existing condition:
c) Expiration of 36 calendar months 01 continuation by a covered dependent after the
Employee's death, divorce. legal separation or entitlement to Medicare;
d) Expiration of 18 calendar months after tenmlnation of employment. lay-off or reduction in
hours;
e) For a disabled Covered Person, expiration of 29 months after termination of employment
if:
(1) The Covered Person was totally disabled at the time of the tenmination of employment
within the meaning of the Social Security Act, or is determined disabled by the Social
Security Administration effective any time within the first 60 days of COBRA continuation
coverage: and
(2) The Member notified employer of the disability within the Initial 1 B-month continuation
period.
f) When the applicable maximum period of continuation of group coverage has been
exhausted. or at any time during the period of continuation. the Covered Person may
convert to an individual conversion plan.
3. If a retired Covered Person. as a result of employer's Chapter 11 reorganization, loses a
significant portion .of retiree benefits, the retiree and any covered Dependents may continue coverage
under the group plan based on the following conditions:
a) The retiree is eligible for continuation coverage for the rest of his or her life:
b) The retiree's covered spouse arid covered dependent children are eligible for
continuation coverage for the rest of the retiree's life and for an edditional 36 months after
the retiree's death;
c) If the retiree is deceased at the time of employer's Chapter 11 reorganization, the
retiree's covered surviving spouse and covered dependent child ran are eligible for
continuation coverage for the rest of his or her life.
4. Application for continuation must be made in accordance with the COBRA regulations, and must
be made by written request to Employer within 60 days after any qualifying event. Tha Employer will
provide the necessary forms. Premiums must be paid within 45 days of election of continuation.
SHL~DENT .AL.PPO-!I"P
14
OJ:{..j
Group: 63669001
Invoice: 15450642
Billed: 01120/06
Due: 00/01/06
Pays To: 09/01/06
INSTRUCTIONS:
-tv
BlueCross BlueShleld
of Florida
AIo.............~"'...
....c..._____
Page: 1
Route:
Dlst: LGQ
GROUP BILLING SUMMARY FOR 08/01/06
A. ROSTER TOTAL
B. MEMBER ADJUSTMENTS
C. PRIOR BALANCE
D. AMOUNT DUE
E. LESS DElETIONS
F. ADJUSTED AMOUNT DUE
28.532,91
.00
.00
28,532.91
$
$ .;l ~ 53:J. q1
1. FOR ALL INSURED DELETIONS, FOLLOW THE INSTRUCTIONS ON THE BACK OF THIS PAGE.
2. WRITE TilE GROUP NUMBER AND INVOICE NUMBER ON YOUR CHECK AND RETURN WITH THIS
ENTIRE PAGE IN THE ENVELOPE PROVIDED.
3. WRITE THE CHECK AMOUNT ON THE PAID AMOUNT lINE AT THE TOP OF THIS PAGE.
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SafeGuard Dental & Vision
PO Box 30910
Laguna Hills, CA 92654
(800)760-4303
,.- ../
-
;':; lOOt Section 1 . Page 1
~.1 ..
SECTION 1: Premium and Payment Summary From 07/01/06 to 07/31/06
._~~
' ..~----=
- -~.
Rie Man International
2601 NW 48th St
Pompano Beach FL 33073.3072
Invoice Date ..................
For Month Of ...............
Invoice Number ............
Recipient Group 10 .....
07/31/06
August 2006
1045111
97156421
Ric Man International ( Group 10: 97156421 )
Previous Balance:
Payments Raceived:
Eligibility AdjustmGnts (Section 2):
Other Adjustmen1s (Section 3):
Other Debits:
Adjusted Balance:
$
$
$
$
$
$
3,945.82
.1,892.33
142.66
0.00
0.00
2,206.15
Current Premium (Section 4):
$
t,991.23
Total Due by August 31
$
4,197.33
Plan
Premium Amount
Amount Paid
SG185A.FL
VA2332WS
Plan Total................. ....................... .............
Plan Total... .......... ...... ..................................
$195.59
$1,795.64
$1.991.23
$-.------
$-
Current Premium (Section 4)
TOTAL DUE:
$4,197.38
$
Make checks payable to: SafeGuard Dental & Vision
Amount Paid:
Check #:
Group 10: 97158421
"",,',-.:'-,':;:', :",-;:',,-'..;.. -""""',":";-"""',' :"::':,':'-:";':";:'_::~:'_"_.:""..:.:.::.,:::.:-:.,:::_'..:..;:.,.,.._.::,:..:....,.:.d.: ":':':""_,:':.';"", .::,:,',:-:,:'_,-:..,.,.:._.....:::,.:..._,:..,..;.:;.,.;;,,;,:,::..,;,>o:.-:-.::x,-:.:>:;.::-:-",::::_,'::::'_:':__.;.._'.:;,;:::'::.:.::.....:.::.-':..;_:.:',.,.: "':":':'::"':"_:"_""":/';":',:"''-'';':''''':-',"':::"::;:":,,,,.:,:.;::..,'_:.;,.,.,...:,.:._,-,::.
JlU:ASl!liI!iIilRN nllSllUMMARV PAGI!WiTIl vOllii PAYMeNT To EilsilRi! THAT IT I$PIlDP!RL V cRi!DrrEO.To YOUR ACCOUNT. ...
:.. ....... ~1~~;~e~:~~=;~;~~~%~~;~~~t%~.:~iToo~:~~~~j~~:"<,,;.':,:,:')<:'
..-....,...-.',.,:".,.:...
SafeGuard Dental & Vision
PO Box 30910
Laguna Hills, CA 92654
1111111,1111111111,11111.11111./.111,1,1111.1111.1111.111111.1
""__1......___ l"'ll_ "'1____ "_.....~_ ,.._...1.._ "__...
b
SafeGuard Dental & Vision
PO Box 30910
Laguna Hills, CA 92654
(800)750.4303
Section 2 - Page 1
SECTION 2: Eligibility Adjustments - changes from 07/01/06 to 07/31/06
Group ID: 97156421/ Rlc Man International
Invoice Number 1045111 for the month of August 2006
,r~,,?
"-"';':"':"'.'
Additions
IMelehan
Rijos
Terminations
Handel
Prbr
Rodriguez
While
IFranCiS /VA2332I 3' 105101(06
Gino SG185A 20 07/01106
ILisa
1~:Wda
Loxtey
V A2332
v A2332
VA2332
V A2332
10
10
10
10
07101106
07/01,06..
06/0 1106
0610'106
Summary of Eiigfhiljty Adjustm~nt.~
Additions
Terminations
Family St;itUS Chang&s
Total
~;~~g~tt~:~~=~:~::
....,._..........,.".,......,. ,'_d. " _.... ;..... . ,', ,", .
;"::':",:,::",:;-:,:':::'::;,::::":>:"':;.::,;:::-'-:"c.,:;.:_:_:,.::"',:.,:':'.:,::'.::.;:':,'.:,:,,_.::._:::::,:::;:,::_.;:,::.,::.::::::.:_,:;,:::,:.:
-- ....
~ 101.30 I RI I 3.0 $
$--~~ $
$
$ 30.69 ST 1.0 $ 30.69
$ 30.69 ST 1.0 $ 30.69
$ 30.69 ST 2.0 $ 6~.~~
30.69 ST 2.n 61
$ 184.14
$ 326.80
$ '184.14
$ 0.00
------
$ 142.66
-
~D~]
..' ..~.e;.'.:',;",
'.: milo'",,. :.,.
.:.......:;.'.::.,.;."::::,,,..,.::,..:,.
.,..:,...-..",.,.,'...,-,_...",....
. ......,.",..........-.
..,'-;.,-:.....,........,....,.
303.90 07/20106
22.90 07/14106
326.80
~07/18106
07/18/06
0711 e/06
07/24/06
b
SafeGuard Dental & Vision
PO Box 30910
Laguna Hills. CA 92654
(800)750-4303
Action Legend - Page 1
Group 10: 97156421 I Rlc Man International
Invoice Number 1045111 for the month of August 2006
Action Legend for Section 2
. RI Reinstate
SA Add Subscriber
ST Terminate Subscriber
b
SafeGuard Dental & Vision
PO Box 30910
Laguna Hills, CA 92654
(800)750-4303
-
Section 4 - Page 1
SECTION 4: Eligibility Roster with Premium
Group 10: 97156421/ Ric Man International
Invoice Numblll' 1045111 for the month of August 2006
Aiken, Gaston 09/05 97000000 VA2332WS 31 $101.30
Jonatha 09/05 97000000 VA2332WS $0.00
Khalil 09/05 97000000 VA2332WS $0.00
Marques 09/05 97000000 VA2332WS $0.00
Tamia 09/05 97000000 VA2332WS $0.00
Tierra 09105 97000000 VA2332WS $0.00
Yvelta 09105 97000000 VA2332WS $0.00
Amarillas, Leon 11/04 97000000 VA2332WS 20 $61.39
Arminda Cardona 11105 97000000 VA2332WS $0.00
Angilot, Julien 01/05 97008459 SG185A-FL 20 $22.90
:'., Julien 0'7105 97008459 SG185A-FL $0.00
Bailey. Earcel 0 06/06 97005123 SG165A-FL 20 $22.90
Bobetta 06/06 97005123 SG185A-FL $0.00
Barnard, Harry E 02/05 97000000 VA2332WS 10 $30.69
, Barreneche, Juan .J 06/05 97000000 VA2332WS 10 $30.69
. Benjamin, Lam 11/04 97000000 VA2332WS 10 $30.69
Burnley. Trevor 04/06 97011493 SG185A-FL 10 $13.08
Cameron, Byron W 11/04 97000000 VA2332WS 20 $61.39
Sheila 11/05 97000000 VA2332WS $0.00
Castillo, Rene L 11/04 97000000 VA2332WS 10 $30.69
Castillo, Rene L 11/04 97000000 VA2332WS 10 $30.69
Comerford, Belseri 02105 97000000 VA2332WS 10 $30.69
Dominguez, Albert A 04105 97000000 VA2332WS 31 $101.30
David 04105 97000000 VA2332WS $0.00
Kalla 04105 97000000 VA2332WS $0.00
Kelly 04105 97000000 VA2332WS $0,00
Reuben 04105 97000000 VA2332WS $0.00
Gayle, Robert S 11/04 97000000 VA2332WS 40 $67.54
Demetri 11/04 97000000 VA2332WS $0.00
Larhone 11/04 97000000 VA2332WS $0.00
Scott 11/04 97000000 VA2332WS $0.00
Gonzalez, Julio 11/04 97000000 VA2332WS 10 $30.69
Goulbourn, Denis 05/06 97000000 VA2332WS 10 $30.69
Holcombe, Earnest L 11/04 97000000 VA2332WS 31 $101.30
Billy 11/04 97000000 VA2332WS $0.00
Lakiely 11/04 97000000 VA2332WS $0.00
Sharon 11/04 97000000 VA2332WS $0.00
Stephan 11104 97000000 VA2332WS $0.00
Iafrate, Ramo 11/04 97000000 VA2332WS 20 $61.39
Anna 11/04 97000000 VA2332WS $0.00
Iraheta. Miguei 1 10/05 97000000 VA2332WS 10 $30.69
Leon, Tomas 05/06 97000000 VA2332WS 40 $67.54
Natalie 05/06 97000000 VA2332WS $0.00
Liberti Ii, Nelson 11104 97000000 VA2332WS 31 $101.30
'C COBRA Subscriber
b
SafeGuard Dental & Vision
PO Box 30910
Laguna Hills, CA 92654
(800)750.4303
Section 4 . Page 2
SECTION 4: EligIbility Roster with Premium
Group 10: 97156421/ Ric Man International
Invoice Number 1045111 for the month of August 2006
ft~~mj'4i1tii!?f
en:! ...... ..........,.
i.......~....!!..:..i;i.i:}>.ti..
--
Audra Liberti 11/04 97000000 VA2332WS I $0.00
Nelson Liberti I 11/04 97000000 VA2332WS $0.00
Lima, Daniel A 11/04 97000000 VA2332WS 10 $30.69
Louviarre. Jerry J 11/04 97000000 VA2332WS 20 $61.39
Debbie 11/04 97000000 VA2332WS $0.00
Love, Jimmie 11/04 97000000 VA2332WS 10 $30.69
Maccenal, Ospaul 02/06 97036700 SG185A-FL 20 $22.90
Christm 02/06 97036700 SG185A-FL $0.00
Malek, Thomas A 11/04 97000000 VA2332WS 10 $30.69
Mancini, David A 11/04 97000000 VA2332WS .31 $101.30
Cheryl 11/04 97000000 VA2332WS $0.00
David Mancini Jr 11/04 97000000 VA2332WS $0.00
Richard 11/04 97000000 VA2332WS $0.00
i~ Melehan, Francis P 05106 97000000 VA2332WS 31 $101.30
Carol 05106 97000000 VA2332WS $0.00
Kyie 05106 97000000 VA2332WS $0.00
Patrick 05106 97000000 VA2332WS $0.00
Mendoza, Jose E 01/05 97007872 SG185A-FL 31 $38.59
Nancy 12/05 97054462 SG185A-FL $0.00
Ser9io 12/05 97054462 SG185A-FL $0.00
Morris, Fremon 11/04 97000000 VA2332WS 10 $CJO.69
Morris, Wesley R 02/05 97039270 SG185A-FL 10 $13.08
Nace, Joseph L 11/05 97000000 VA2332WS 10 $30.69
Reyes, Neftali 11/04 97000000 VA2332WS 31 $101.30
Alyssa Benjamin 03106 97000000 VA2332WS $0.00
Sophia 11/04 97000000 VA2332WS $0.00
Rljos, Gino 07/06 97048054 SG185A.FL 20 $22.90
Nina 07/06 9"1048054 SG 185A-FL $0.00
Smith, Larry 11/05 97000000 VA2332WS 20 $61.39
Barbara 11/05 97000000 VA2332WS $0.00
St. Louis. Nestor 01/05 97055836 SG185A.FL 10 $13.08
Stephenson, Neville 11/04 97000000 VA2332WS 10 $30.69
Vanderlip, Roger P 11/04 97000000 VA2332WS 10 $30.69
Washington, Evlysta 05/06 97005757 SG185A-FL 10 $13.08
Wichert Jr.. Gerard 11/04 97000000 VA2332WS 20 $61.39
Nancy Ross 11/04 97000000 VA2332WS $0.00
Williams, Marc A 02/05 97000000 VA2332WS 10 $30.69
Williams, Wayne 01/06 97000000 VA2332WS 20 $61.39
'C COBRA Subscriber
b
SafeGuard Dental & Vision
PO Box 30910
Laguna Hills, CA 92654
(800) 750.4303
-
Section 4 - Page 3
SECTION 4: Eligibility Roster with Premium
Group 10: 97156421 I Rle Man International
Invoice Number 1045111 for the month of August 2006
Oaagria
Woolley, Warrick S
01/06
01105
97000000
97005510
VA2332WS
SG185A-FL
10
$0.00
$13.08
43 Subscribers
$1,991.23
Current Premium ............. ..........................................................................................................................." $1,991.23
'C COBRA Subscribe,'
b
SafeGuard Dental & Vision
PO Box 30910
Laguna Hills, CA 92654
(800)750-4303
Section 5 - Page 1
Section 5: Summary by Plan, Rate Code and Premium
Group 'D: 97156421/ Rlc Man International
Invoice Number 1045111 for the month of August 2006
SG185A-FL 10 5 $13.08 $65.40
20 4 $22.90 $91.60
31 1 $38.59 $38.59
Plan Totals .......................................... 10 $195.59
VA2332WS 10 17 $30.69 $521.73
20 7 $61.39 $429.73
31 7 $101,30 $709.10
40 2 $67.54 $135.08
Plan Totals .......................................... 33 $1,795.64
Current Premium
$1.991.23
Rate Code Legend
10 . Subscriber Only
20 ~ Subsc!'iber + 1
31 . Subscriber + Family
40 . Subscriber oj- Children
t--<
V
SafeGuard Dental & Vision
P.O. Box 30910
Laguna Hills, CA 92654-0910
(800)750-4303
Fax: (949)360.3695
-
Section 6 - Page 1
-
SECTION 6: Reconciliation Worksheet
Group ID: 97156421 I Ric Man International
Invoice Number 1045111 for the month of August 2006
Record all eligibility terms on this worksheet. Retroactive adjustments will be accepted for only as far back
as the first of the preceding month. Terminations will not be processed unless clearly Indicated below.
If applicable, please Identify either DENTAL (D) or VISION (V) for the eligibility change
;]!:1:~~[1~ii? ;:j:,
,.1,
-----------------....- ---_..~--
.'
liii~l!4il?~;FiRijiin\l!.!iP!1q;1i;q;~lm~tJilaw_Fw:i!J;::j!ii"':iiij;m
1:;~~1l!!~::$Jij!~"'.~~~i!;,~.H'!~t~~..ilm~I:~ij!l~!l9~,,j?ptffiili,Ii:l
Photocopy this page if additional space is needed.
SafeGuard Dental & Vision
Statement Reconciliation Instructions
This statement for SafeGuard is comprised of seven sections:
1A Consolidated Summary for all divisions (for organizations with divisional billing)
1 Premium & Payment Summary
2 Eligibility Adjustments - Please review all changes.
3 Manual Adjustments
4 Eligibility Roster with Premium
5 Summary by Plan, Rate Code & Premium
6 Reconciliation Worksheet
If your organization has more than one division, you will receive Sections 1 through 6 for each division.
t ., division will have its own group number for identification.
Please follow these steps:
. If you are paying for multiple groups or divisions with one check, please include all detail to help us
allocate your payment appropriately. Please include your group number on your check.
. Credits for terminations and charaes for member additions not reflected on this invoice will be
reflected on your next month's invoice,
. If you adjust the amount due, this may result in an overpayment or underpayment, now and on the
next month's billing.
. If you have any billing or eligibility issues, please contact the Group Billing and Eligibility Department
at (800) 750-4303.
To ensure the accuracy of your eligibility and your account balance, please pay as billed.
VISION ONE DISCOUNT PROGRAM
Administered by Cole Managed Vision, Inc.
1-800-793-8622 (Mon. - Fri. 9am-9pm & Sat. 9am-5pm)
www.cmvc.com- when Plan number requested enter - '47058'
Discount Schedule EfTectlve 1/112002
Frames
I.
.. Maximum Member.
Cost
$ 25.00
'S35.0t)
$ 45.00
Typical Savings
Priced up to $ 60.99 Retail
p,icedfrom $ 61jjoiO $80. 99Retail
...,__...... ....0 ._....._.0..._..__ "_,_.,
Priced from $ 81.00 to $ 100.99
Retail
.. H__' ."... ..._
Priced from $ 10 1.00 and over
Lenses (Uncoated plastic)
Single Vision
-iiii'ocai-.------- . -.
---......,-..--.--.. ".-,.------.--
Trifocal
.....-............---......-...-....
Lenticular
60%
. '-550;.
55%
65%
35%
,
,
-r
r'-'--
$ 30.00
-.-..----.-..... -----.".,-...-"'.--.
$ 50.00
.._____...n .._._......._____
$ 60.00
$100.00
50%
----...".... -.--..-,...----.--.---- --. ...
45%
60%
50%
Lens Options (Add to lens pric,,"
,!bove)
Standard - Progressive (no-line
bifocal)
.....--......--"...-----.
Polycarbonate
'Scran;bRc:si,tantcoatJ;;i'- .-
. Anti-ReflectiveCoatiDg- ---
Ujhii~';jei-Coati';g
....--...... ..----------- ....-._~_. '...
Solid Tint
GradientTini-
pho-ii:i-c!li-omlc
G1;,;.'----.---- --- ...--.
$ 50.00
25%
$ 30.00
0'" ._.._..._._____..._...._._...
$ 12.00
- ....-.-.- ....--.--..-. _.'"~.__...<---_.
$ 35.00
..- --......--..-----..-.
$ 12.00
----.....--------.......-..-..-.
$ 8.00
$ 8.00
... .-..--..-..-...-,.-.
$ 30.00
$-15:00."--' --.-........._-~. '---.."-
45%
."'._._---_._.~--_.__.. ..-.---.--..-.-
40%
----3i)0;;-- u ---
......,,-_.,-..__. -....-....-..... .---...-...--..'
40%
_... .__._,....._._n- __ ~..__ .___....__... ___.
45%
-.---. -....".'-"" ,,_.._...--....-.~-_.-
45%
55%
...-..-. . ...-.- .--------...----.---.---.
60%
Eye E~amlJlatloDs
Spectacle- Maximum = $ 35
Contact- $ 100fT nonnal fee
Contact Lenses 20%
20% Discount from regular retail prices. 10% discount on disposables.
All Other Materials (SnDllalses, accessories, etc.)
20% Discount from regular retail prices.
20%
Discount locations: Sears, JCPenney. Burdines & Target oplical departments. Pearle Vision centers & other
independent vision care professionals. Additional infonnalioo can be found by contacting at Cole Managed
Vision 1-800-793-8622 or WWW.cmvc.com.
TRUVISION Laser Vision Corrective Sen'ices
1-877-747-2020 (Mon. - Sal. 9am - 9pm)
www.truvisioninc.com
This program offers laser vision correctin sen'ices to members by participating
LASIK providers at $895.00 per eye.
Follow this process for scheduling an appointment:
· Contact TruVision 1-877-747-2020 to schedule a preoperative exam or for a
free telephone screening.
· Members must make a down payment to TruVision to schedule the
preoperative exam. This fee is fully refundable up to the date of surgery,
should the member decide not to undergo the surgical procedure.
· Tru Vision offers 100% patient financing ullon approved credit with no
payment due in the first six months.
· A comprehensive eye exam, pre and post-operative care and an enhaucement
warranty are included in the price of the procedures.
RII010J
PARTICIPANT RECORD
Ric-Man International, Inc. 401(k) Profit Sharing Plan
Harlrord life In~uranct' Comp~n~
ll'D!Retiremcl1t rlan Solutit1n~
1'.0 Hox 1583
H.udel;:::. CT Oo1~4.15K~
Graue NumheT Social SeCUril\' Number
017/')09 Location Code
(Plan Spon~or U~C Onlyl
~__NERAL INFORMATION Please Pri1tl or T\'rx
L~t
I
Marital Status I
(Mor S)
State L
I
M.I
10
I
:=J
Dale of ~---J
Eligibility I
First
Employee Mr. 0 Ms. 0
Name Mrs. 0 Miss. 0
II
Mailing I
Address,
City I
Date of r-
Birth L--
~
Zip I
J
Date,of I
Hire
CONTRIBUTIONS
A. t wish to have I ~ I of my Before-Tax pay deducted eac.h pa)'roll period.
(Must be a whole percentage, 1% - 100%.)
B. DIdo not wish to contribute to the Plan at this time.
(Your contributions arc subject to the limits under the .Plan and the Internal Revenue Cude. includiDg if eligible, the Plan's Catchvup
contribution limit. ~y amounts deferred in exce,'5lj of any limit under the plan will be treated as catch up contrihutions to the
maximum extent allowed under tbe Internal Revenue Code.)
~,:'C. 0 I have a previous J'etirement account I would lik.e to rollover into this plan. (Please complete tbe enclosed Rollover S\l.bmission Form.)
,1NVESTMENT EI.ECTION
'II understand that tbe Plan Spon."lor has directed DIY existing accumulated account bale.nce (if any) under the Plan to be traDsJerrt.d to
~"I-l''\rtford Life and invested in one or more of the funds below as specified by the Plan Spollsor, I elect to have my future contributions
Cited based on my selections below. (Mwt total 100% - Whole percent.ages on!y.) (For more information, contact your Plan Sponsor.)
T. Rowe Price Small Cap Stock Inv Opt v 2R __% _% Hartford Advisers HLS Inv Opt - lL
Franklin Small-Mid Cap Growth lnv Opt - 2V __% _% Hanford Bemd HLS lnv Opt - IE
T. Rowe Price Mid Cap Growth Inv Opt - 2K _ % __ % Hartford Mortgage Securities HLS Jnv Opt - ID
Hartford Stock HLS Inv Opt _ lE _% _% Hartford Money Market HLS Inv Opt. 1G
American Century Value Inv Opt _ 2P _% _% T. Rowe Price Personal Strategy Growth [n" Opt - 2N
Mutual Shares Inv Opt _ 2W _ % _% T. Rowe Price Personal Strategy Balanced lnv Opt - 2M
Hartford Disciplined Equity HLS lnv Opt v 30 _% _% T. Rowe Price Per!'ional Strategy Income Jnv Opt- 2L
Hartford Index HLS Inv Opt vIA _% _% Fixed Account - 10
SALARY REDUCTION AGREEMENT. 401(k) Plans
By execution of this document, the ED'l.ployee authorizes and the Employer agrees that any Before. Tax Contributions indicated above be
made by reducing the Employee's salary. This agreement shall continue in eHecl only while employment with tbe Employer continues or
until it is altered in accordance to YOW' Plan provisions. The Employer reserves the right to make adjustments to the percentage of the
Employee's BeforevTax Contributions in order to ensure the Plan's compliance with the Internal Revenue Code Section 401(k)/4Ql(m).
SIGNATURES
I understand tb.at these elections will be effective as soon as administratively feasible_ I understand tbat the investment options are offered
under a sroup annuhy contract issued by Hartford Life Insurance Company. With the exception of the Fixed Account, I understand that the
value of my Plan account under this contract is variable. is not guaranteed, and is subject to the investment experience of the various
investment options I have selected.
Employee Signature
This document has been rec.eived and accepted by the Plan Administrator.
Date
Plan Administrator Signatutt
Date
45
5'99
00305. QUALIFICATION STATEMENT SUBMISSION
The following information should be submitted with you bid response
1.01 CONTENTS OF QUALIFICATION STATEMENT
Bid packages must contain the following documents, each fully completed, and
signed as required. Bid packages which do not include all required
documentation, or are not submitted in the required format, or do not have the
appropriate signatures on each document, may be deemed in the City's sole
discretion, to be non-responsive. Non-responsive bid packages will receive no
further consideration.
A. IDENTIFICATION PAGE AND TABLE OF CONTENTS
Bidder shall provide an Identification Page including the following information:
. Name of Bidder. (Note: if co venture, specify)
. Address of submitting Bidder. (Note: if co venture, specify)
. E-mail address for the appropriate contact person at the submitting company.
. Phone number and facsimile number of submitting Bidder.
. Federal Tax Identification Number for submitting Bidder.
. Declaration regarding company organization, whether as Corporation,
Partnership. or other. (Note: if co venture, specify)
. Signature of an officer or other individual of the submitting Bidder who has the
authority to bind said Bidder.
. Printed name of the authorized signing officer or other individual.
. Title of the authorized signing officer.
. Date of signature.
. Table of Contents.
B. PROJECT APPROACH
Bidder will be required to submit a narrative of it's team management plan,
techniques for 'partnering' with the community's merchants, tenants and
residents and its approach to the proposed final design and construction
activities. This narrative should include:
. Project management controls;
. The Bidder shall provide a detailed description of the key Project activities, to
include final design and construction activities approach;
. Demonstrate how the Final Design activities and the Construction activities
will be managed and coordinated with the Community and the City.
. The Bidder's understanding of the Scope of Services and the associated
Technical Exhibits.
. Bidder shall clearly detail and present its approach to all required permitting
issues, including but not limited to, water distribution system, stormwater
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
31
drainage system, street lighting system, landscaping etc., relative to the
applicable agency(ies) and entity(ies), e.g. City of Miami Beach, DERM,
SFWMD, FDOT, FDEP, USACOE, Miami-Dade County, FI. Dept. of Health,
etc.
. Describe the Bidder's Quality Assurance / Quality Control Plan ("QA/QC
Plan") for the Work, including design, construction. coordination,
implementation and completion of the Project. The Bidder shall explain its
QA/QC Plan and the plan for any of its Subconsultants or Subcontractors,
namely the policies and procedures that will be used to assure the complete
and the accurate management of the Project.
. The Bidder shall submit a Preliminary Project Schedule with the bid. The
Preliminary Project Schedule shall include all anticipated major milestones
and their associated phasing with other activities, including completion of the
Project within the specified time detailed in the Proposal Documents,
coordination efforts and issues requiring the City's involvement and
necessary reviews. At a minimum, the Preliminary Project Schedule must
address the following milestones and activities:
. Design Schedule & Submittals
. Design Phase Reviews by the City - Assume 4 weeks
. Community Involvement
. Permitting
. Utility Coordination/Relocation
. Start of Construction
. Major Construction Activities and Phasing
. Final Completion Date for all Work.
Note: The maximum design and construction time for the Project ("Maximum
Allowable Contract Time") shall not exceed 1,210 days as per Section 01010
of this document. In this Project Approach section, the Bidder is to
demonstrate the ability to meet or reduce the estimated Maximum Allowable
Contract Time.
C. PROJECT TEAM
It is a requirement of the bid that the Bidder, staff the project with competent individuals,
and qualified supervisory personnel. To that end, the Bidder shall provide:
. An organizational chart listing the proposed key personnel, their qualifications
and their roles in the project, resumes which shall include educational
background, work experience, employment history, and any other pertinent
information. Where applicable, Bidder team members shall also submit current
and valid certifications and/or licenses for their individual scope of supervision.
At a minimum, the bidder shall include the following proposed project team
members:
. Project Manager
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
32
. Final Design Manager
. Final Design Engineer(s)
. Construction Manager
. Construction Superintendent
. Underground Utility Superintendent Foreman
. A staffing plan that clearly illustrates the key elements of the organizational
structure proposed to accomplish the management, design, construction,
inspection and administrative services required. The staffing plan should indicate
the availability of the personnel proposed to work on the Project. The staffing
plan should also indicate the name of the individual who will serve as the primary
contact with City. Bidder shall clearly detail the role of all of the Sub-consultants
and/or Sub-contractors proposed for the Project.
. The Bidder must submit documentation acceptable to the City that the Final
Design team member is pre-qualified under Miami-Dade County Department of
Business Development for the following categories:
. 0101 - Transportation Planning - Urban Area & Regional Plan
. 0302 - Highway Systems - Highway Design
. 0304 - Highway Systems - Traffic Engineering
. 0309 - Highway Systems - Signing, Pavement Marking, Channel
. 0310 - Highway Systems - Lighting
. 0601 - W & S System - Water Distribution and Sanitary Sewage
Collection
. 0602 - W&S - Major Water & Sewer Pumping Facility
. 1001 - Environmental Engineering - Stormwater Drainage Design
. 1600 - General Civil Engineering
Any Design-Build Firm not identifying pre-qualification with all of the
above identified groups shall be deemed non-responsive to the
requirements stated in this ITB.
. The Bidder must submit documentation acceptable to the City that the
Construction team member is pre-qualified under the Miami-Dade County
Department of Business Development for the following categories:
. Grading
. Drainage
. Paving
. Fencing
. Grassing, Seeding, and Sodding
. Landscaping
. Pavement Markings and Roadway Signing
Any Design-Build Firm not identifying pre-qualification with all of the
above identified groups shall be deemed non-responsive to the
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
33
requirements stated in this ITS.
. Project management and key personnel within each area of required services
shall be identified along with their credentials, related past project experience,
office locations and their accessibility and availability to City Staff, Program
Manager, and Design Criteria Professional for consultation, support, etc. The
staffing plan should indicate the number of personnel by location of office(s)
proposed to provide the specified services. The staffing plan should also indicate
the name of the individual who will serve as the primary contact with the City and
the Program Manager. Design-Build Firms shall clearly detail the role of all of the
Subconsultants and/or Subcontractors proposed for the Project
D. URBAN STREETSCAPE EXPERIENCE
Each Bidder shall demonstrate their experience in the Final Design and
Construction of urban streetscape or downtown redevelopment projects,
which may consist of the following components:
. Design and construction of roadways, including pavement markings and
signing;
. Design and construction of site concrete work such as curb and gutter
and sidewalk construction;
. Design and construction of stormwater collection and disposal facilities;
including pumping stations
. Design and construction of underground utilities, i.e. water distribution
and sanitary sewer collection;
. Design and construction of landscaping features;
. Design and construction of irrigation system.
. Design and construction of street lighting system.
Each Bidder shall furnish a list of all projects demonstrating experience
encompassing the above referenced components. Projects must illustrate
familiarity with all of the following aspects: underground utility construction; storm
water collection and disposal; and site concrete work. All projects must
demonstrate experience within existing traveled roads where traffic must have
been maintained. Projects must have a minimum value of $1,000,000 each. In
order to properly evaluate the bids, the City requests that each Bidder submit
project references for previous projects completed within the last 5 years. It is
further recommended that such projects include the following information and
components:
. Project name
. Project location
. Brief description of work performed
. Names. addresses, telephone number, fax number, and contact name for the
following:
;.. Owner or Agency
;.. Architect or Landscape Architect, or Engineering Consultant
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
34
;;.> General Contractor (if work performed as a Sub Contractor)
. Name of General Contractor's project manager and field superintendent
. Awarded contract amount and final contract amount
. Explanation of differences between awarded and final contract amounts, if
difference exceeded 5%
. Date of project completion. The bidder should reference if the project was
completed on time
. A checklist or description of the following types of construction encountered
on the project, if applicable:
IJ Traffic control
IJ Maintenance of access for pedestrians to businesses or residences
IJ Underground utility construction
IJ Erosion control and storm water pollution prevention measures
IJ Drainage collection and I or disposal system
IJ I rrigation systems
IJ Landscape planting
IJ Other: List as may apply
E. FORMAT FOR SUBMITTAL
Each Bidder must submit a Bid Package that will consist of the following:
a. Qualitative Portion: Bidders must submit one (1) original with signatures
and ten (10) copies. (Total Worth - 65 Points)
b. Quantitative Portion: Price Proposal in the format presented in section
00407 in a separate sealed envelope. (Total Worth -
35 Points)
Proposers may not dictate the circumstances under which the documents are
deemed to be confidential. Only the State Legislature may determine which
public records are subject to disclosure and which are not. Moreover, a private
party cannot render public records exempt from disclosure merely by designating
as confidential the material it furnishes to the City. The desire of the private party
to maintain privacy of certain materials filed with the City is of no consequence
unless such materials fall within a legislative created exemption to Chapter 119,
Florida Statutes.
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
35
00310. EVALUATION COMMITTEE SELECTION
CRITERIA I SELECTION PROCESS
1.01 EVALUATION SELECTION CRITERIA
A. An Evaluation Committee, appointed by the City Manager, shall meet to
evaluate each Bid in accordance with the requirements herein. If further
information is desired, Bidders may be requested, through the City's
Procurement Director, to make additional written submissions or to make
oral presentations to the Evaluation Committee.
B. The Evaluation Committee will utilize a two-step process pursuant to
Section 287.055 (9) (c) (2), Florida Statutes. The first phase will consist of
the qualitative criteria listed below. The second phase will consist of
quantitative criteria (price) as addressed below.
C. The Evaluation Committee shall base its recommendations upon the
following qualitative (evaluation criteria) and quantitative (price) criteria. A
maximum of 100 points could be assigned to a bidder. The maximum
point total for the qualitative criteria shall account for a maximum of
65points. Quantitative criteria shall account for a maximum of 35 points.
Only, the Bidder with the lowest bid price will receive the full 35 point total.
The remaining ranked bidders shall be allotted a point total based upon a
methodology to be determined by the Evaluation Committee.
D. Qualitative criteria
Qualitative Criteria
Qualifications of Contractor and Key Personnel
Past Work Performance Evaluation Surveys
Risk Assessment Plan
Maximum Point Total
Maximum Points
25
20
20
65 points
E. The Evaluation Committee shall first evaluate each bidder based on the
qualitative criteria. and shall rank no less than three bidders (in the event
that there are less than three firms the Committee shall rank accordingly).
Those ranked bidders shall proceed to the next quantitative evaluation
step.
F. The sealed price proDosals for the Committee ranked bids will be opened
by the City's Procurement Director at a public meeting.
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
36
G. The Evaluation Committee shall add the qualitative and quantitative point
totals for the ranked bidders in section E. The Evaluation Committee will
recommend and rank no less than three (3) bidders, for award to the City
Manager (in the event that there are less than three firms the Committee
shall rank accordingly).
H. The quantitative evaluation of the Bid will be based on the Grand Total
Base Bid Plus Add Alternates Items 1 through 6. Notwithstanding the
preceding sentence, the City reserves the right, at the time of execution of
the Contract with the successful Bidder to select all or any number of Add
Alternate Items 4, 5, and 6 in no order of preference that, in the City's sole
discretion, will best serve the Project in accordance with the available
funding.
I. The City Manager may recommend to the City Commission the
acceptable response or responses of which the City Manager deems to be
in the best interest of the City.
J. A proposed contract will be presented to the City Commission for
approval, modification and approval, or rejection.
K. If and when a contract or contracts acceptable to the respective parties is
approved by the City Commission, the Mayor and City Clerk sign the
contract(s) after the selected respondent(s) has (or have) done so.
NOTE TO ALL BIDDERS:
By submitting a bid, all Bidders shall be deemed to understand and agree that no
. property interest or legal right of any kind shall be created at any point during the
aforesaid evaluation I selection process until and unless a contract has been agreed to
and signed by both parties.
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
37
00315. BEST VALUE PROCUREMENT ATTACHMENTS AND FORMS
ATTACHMENT 1
Detailed Instructions on How to Prepare a Reference List and How to
Prepare and Send Performance Surveys
Overview
The objective of this process is to identify the past performance of a vendor and key
components of their team. This is accomplished by sending survey forms to past customers.
The customers will return the forms directly to the client, and the ratings will be averaged
together to obtain a firm's past performance rating. The figure below illustrates the survey
process.
Vendor or Individual
r-.
SendlF ax
Surveys to
pastc1ients
Call to
Confirm
Prepare & Email
Reference List
Past Customers
~ If.r~.'..
~~~
1
rl The Client
.:.. Compiles
: . Information
~
I
~es back to
I Fa~e client
CLIENT
Figure 1: Survey Process
A. Creating and Submitting a Reference List
1. All key components must create a list of past users that will evaluate their past performance.
This will be referred to as a "Reference List". The Reference List Excel file can be
downloaded from Bid Net under ITB-36-05/06 or can be sent to you via E-mail, please send
an E-mail to romanmartinez@mimaibeachfl.aov requesting the file.
BID NO: 36.05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
38
2. The key components may be different for each project. If you are proposing on a specific
project, please make sure to find out what the critical components are for that proiect. The
following are the most common key components used:
Key Component Minimum Number of Maximum Number of
Survevs allowed Survevs allowad
The AlE Firm 1 25
The Proiect Manaoer 1 10
The Landscace Architecture Firm 1 25
Speclaltv Enaineerina Firms le.a. Traffic\ 1 25
3. The vendor is responsible for selecting their team and for the performance of their team.
We recommend that the vendor use high performing individuals (i.e. project manager, and
any other individuals required on a particular project), as well as high performing specialty
architectural or engineering firms.
4. The maximum number of past projects that will be given credit, is 25 (twenty-five) for each
firm, and 10 (ten) for each individual (PM, etc.). The minimum number of past projects is 1
(one) for each key component. Credit will be given to vendors with more high performing
surveys.
5. The reference list should include the firms/individuals "best" projects. Credit will be given to
vendors / individuals with more high performing surveys.
6. The Reference List must include the following (All fields are reauiredl If you do not submit
all the information required, there will be no credit given for the reference):
CODE A unlaue Idifferentl number assigned ta each araject
FIRST NAME First name of the person who will answer customer satisfaction questions.
LAST NAME Last name of the Dersan who will answer customer satisfaction Questions.
PHONE NUMBER Current ahone number for the reference (includina area code).
FAX NUMBER Currant fax number for the reference (includina area cade\.
CLIENT NAME Name of the company or institution that the work wa~ferformed for (i.e.
Cactus Schaol District Rock Industries, Citv of Austin.
PROJECT NAME Name oftheoroiect IBird Hioh School A-Wino, Warehause B. etc.).
DATE COMPLETED Date when tha project was completed. (i.e. 5/31/1995)
[MM/DD/YYVYJ
COST OF PROJECT Awarded cost of arolect ($50.000)
7. The data in the reference list must be submitted via fax to Roman Martinez at 305-673-7851
and in electronic format on a MS Excel spreadsheet file. The file must also be emailed to
Roman Martinez at romanmartinezllilmiamibeachfl.aov . (The format of the file is shown in Figure
2).
8. The vendor is responsible for verifying that their (and their key components) information is
accurate prior to submission.
9. The reference list must contain different proiects. You cannot have multiple peoole
evaluatina the same iob. However, one person may evaluate several different jobs.
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
39
CODE FIRST NAME LAST NAME
1
2 1 K Ie Smith
3 2 Geer e Johnson
4 3 Phil McGill
5 4 8i11 Robinson
6 5 Mati Carni an
7 6 Keith Jones
8 7 Gilbert Gre
9 8 John Grecko
H . . HI P.r9Jlle RefttrerIC'l'.lIli:t
E
FAX
NUMBER
CLIENT NAME
PROJECT NAME
I
COST OF
PROJECT
136 569
1452;3139
112648
1154,893
115648
14 ,865 923
1456 76
1159764 "
) I
456-963.8562 458.963.8563 en of Mesa
549.785.9654 549.785.9655 en of Mesa
458-965-7852 458.965.7853 en of Me..
136-621-1264 136-621-1265 ABBWarehouse
658-965-8$5 658.965-8966 ADOT
456.965.8523 458.965-8524 en of Gilbert
486-965-8523 486-965-8523 eit of Phoenix
486.965.8563 4136-965.8563 AeG 8U1idin s
Mesa Park
Police Buildin 3
Cafeteria #1
Warehouse renO'\lation
Sta Ie Road Over as
Road Renovation
Street li ht Installation
Buildin 456 renovation
(
Figure 2: Example of Reference List
10. The past projects (on the reference list fiie) do not have to be similar to the type of project
being bid.
11. The past projects must be completed past proieets (no on-going or substantially complete
projects).
12. The past client/owner must evaluate and complete the survey.
13. All key components must submit their reference list in separate excel files. There must be a
separate excel fiie for each company and individual participating in the process. Name the
fiie by the company name or the individual name. Figure 3 shows a sample of the excel fiies
that must be emailed to the client.
Name
~ABC Contracting - Reference List.xls ~
~MarkMcGraw (Project Manager) - Reference List ,xis -+ ~
~Pam Hamilton (Site Super) - Reference List ,xis
~Spark Electrical Contractors - Reference List,xls
~ Bob and Sons Mechanical Contractors - Reference List, xis
Email Reference
lists to the client.
Figure 3: Submit separate excel files for each component
14. Each key component should inform their past clients about the survey and the deadline for
submission of the information. The client may contact the references for additional
information. If the reference cannot be contacted, there will be no credit given for that
reference.
15. Each Excel fiie will have two tabs (see Figure 4 below). One tab contains the reference list
information (discussed above), and the second tab contains the company or individual
profile. The profile tab contains information about the key component (firm or individual). Fill
out the company information if the excel file is for the Lead Firm, Specialty Firm or
Individual. Fill out the individual information if the excel file is for an individual. DO NOT fill
out both sections in one excel fiie. (Remember: each component will have their own excel
fiie).
BID NO: 36-05106
DATE: 06/23/06
CITY OF MIAMI BEACH
40
t:J Mlcro,oft Excel C060516_CMB_ Copy of Rererence Li,land Company Profile (AJ_SERVICES)
=I!l "" f,dI: iJow I/I5Orl Fsrmot lads Ilota WJndow t1O\> Ado!l,POf
I iJ ~ ill ~ ..J I d j ~ j -:.a 1a.1 "J .j i, 1: . HI 1li\'IJ Ii kial
t~ .~. -...:..l.~ Q.',;j 1 ,~, l}j ~.Ijj 1,\'A:epl\'withQ,.~ge~,,, EQdReview".
:~~~I
C4 . ,.
A B 0 E
Ty~
.10 "IriL 1l.llflil'l ~I $
F
G
H
K
P1tu. FilO\lt onItontoflllt fonns b,low. . 1m rtl"ftf'lCt Wstls lor ~COfJ1l.ny,pIeut un wCompqlorm on top. . this
rtftl'tOO4' WSllslor .IIldlldillidu." pltastpul thH information i'I thl stcond fOl'mbflow. OONOl II out both. Rtmtmbtl th'I'
I must b. a stp"'Il' tIC'"!iIt lor 'KhlldilJidu~p.tiGi~inginltltproctSs.
,
3 Con ill
Co.pu, NMlI:
TIP':
Pom. oJ Conl"t:
P.on. NIIaIM,:
FuNUlDHI:
E_il:
(AlEFjrm.l.andsCilptAichit'ctur.Firm,Tr.ficEnginttrin~F.m.'ICI
e 1
OR
bldividual
!ndividuilINBnIt:
TIJI":
Com,_, M....:
Ptlone Nu...,:
Fill Nu...,:
Emal:
(PfojtctManagtl'.ottc.)
Figure 4: Example of the Profile tab.
This tab contains information about the key component (whether it is an individual or firm)
B. Preparing the Surveys
1. Each key component is responsible for sending out a survey questionnaire to each of their
past clients. The survey questionnaire is provided in this document.
2. Each key component should enter the Survey ID (Code), past clients contact information,
and project information on each survey form for each reference. The tearn member should
also enter the name of the firm and/or individual being surveyed.
3. All the information on the survey form must match the reference information in the excel file
(see Figure 5).
BID NO: 36-05/06
DATE: 06123/06
CITY OF MIAMI BEACH
41
LAST NAME
CLIENT NAME
PROJECT NAME
H
DATE
COllP~mD
lIl11DD
5n5OOll
6.oaI1999
71tiJ1900
6/2/1995
1=
5J400J3
712/1900
Bn/2003
Smith
458-963-8562 .458-96J-8563 Cif of Mesa
549-785-9654 549-785-9655 Cit of Mesa
~58-965-7852 458-965-7653 eil of Mesa
136-621.1~ 13&-621.1265 ABBWarehouse
658-965.8965 658-965-8966 AOOT
458-965-8523 458-965-8524 ell of Gilbert
486-965-8523 486-965-8523 Cit of Phoenix
486-965.a563 4E6-965.B563 ACG Buildin s
Mesa Park
Police Buildin 3
Cafeteria*"
Warehouse renovation
Sla Ie Road Over as
Road Renovation
Street li htlnslallation
Buildiri 456 renovation
,
McReaken
H...
Adams
Robinson
9
14 4 . H;
Survey Questionnaire
Survey ID 3
;fa:
Phil McGill
"'{Na.me~'orpe'r8on"c'offipleflng-'su;vey.r""""
458-%5-7852
, Fax:
458 -%5-7853
Phone:
:Subject: Past Perform~rl~_e_ Survey of:
ABC
iN~m~"o"'cor;jp'iiny)
....M.~).~.~J~b~.~~_~~.~jP!~1!...P.~1~~~..,~.~.~.~.~.!.,!'!?'.'~...I.~.~!
(N~'M of IndvidlJms)
A Chent is implementing a process that collects past performance information on firms and their key
personnel. The information will be used to assist the client in the selection of firms to perform various
projects. The firm/individual listed above has listed you as a client for which they have previously
performed work on. We would appreciate your taking the time to complete this survey.
Rate each of the criteria on a scale of 1 to 10, with 10 repre~nting that you were very satisfied (and
would hire the firm'indivldual again) and 1 representing that you were very unsatisfied (and would never
hire the firm'individual again). Please rate each of the criteria to the best of your knowledge. If you do
not have sufficient knowledge of past performance in a particular area, leave I~ blank.
Client Name: City of Mes.l
!Project Name: ....C..;lfe..e.i.j'~;...;:.:i
!Project Completion Date:
RI A
Ability to manage the project cost (minimize change orders)
Figure 5: Example of Survey Form. The information must match the excel file.
To save work in the future, list all key individuals on the survey that participated on the project.
I
COST OF
PROJECT
136 589
1452 389
$12648
$154 893
$15648
$4 865 923
$456 76
$159 764 v
>
........-1
,
4. If a reference will be evaluating several team members (such as the PM), please list all of
the members on the survey form to get credit for all the areas (as shown in Figure 5).
5. Do not list more than one individual for the same position (i.e. if Joe Smith was a PM on the
project, you cannot list another individual as a PM on that same project).
6. Each key component is responsible for making sure that their past clients receive the
survey. complete the survey. and return the survey back to the present client. The survey
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
42
must be sent directly from the past client to present client. Be sure to indicate to your clients
the due date when the survey should be faxed in to the present client.
7. The present client may contact the reference for additional information or to clarify survey
data. If the reference cannot be contacted, there will be no credit given for that reference.
BID NO: 36-05/06
DATE: 06123/06
CITY OF MIAMI BEACH
43
ATTACHMENT 2
e MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Flonda 33139. www.miamibeachfl.gov
PROCUREMENT DIVISION
Tel: 305.673.7490 ,Fax: 305.673.7851
Date:
To:
Phone:
Fax:
E-mail:
Subject: Performance Evaluation of
Number of pages including cover: 2
To Whom It May Concern:
The City of Miami Beach has implemented a process that collects past performance
information on various Consultants and/or Contractors that have performed
Construction Services for Right of Way and Utilities. The information will be used to
assist City of Miami Beach in the evaluation of a Contractor for services performed for
your agency or company.
The company listed in the subject line has chosen to participate in this program. They
have listed you as a past client that they have done work for. Both the company and
City of Miami Beach would greatly appreciate you taking a few minutes out of your busy
day to complete the accompanying questionnaire.
Please review all items in the following attachment and answer the questions to the best
of your knowledge. If you cannot answer a particular question, please leave it blank.
Please return this questionnaire to Roman Martinez bv close of business day
Auqust 22. 2006 or earlier by fax: 305.673.7851; or e-mail
romanmartinez@miamibeachfi.aov
7[' y'"' Urn""d .lIort
Gus Lopez, CPPO
Procurement Director
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
44
m
.....
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfLgov
PROCUREMENT DIViSION
Tel: 305.673.7490 . Fax: 305.673.7651
PERFORMANCE EVALUATION SURVEY
Consultant Name:
Point of Contact:
Phone and e-mail:
Please evaluate the performance of the Consultant (10 means you are very satisfied and have no
questions about hiring them a9ain, 5 is if you don't know and 1 is if you would never hire them again
because of very poor performance).
NO CRITERIA UNIT
1 Ability to manage the project cost (minimize change orders) (1-10)
2 Ability to maintain project schedule (complete on-time or eariy) (1-10)
3 Quality of workmanship (1-10)
4 Professionalism and ability to manage (includes responses and (1-10)
oromot oavment to suooliers and subcontractors)
Close out process (no punch list upon turnover, warranties, as-
5 builts, operating manuals, tax clearance, etc. submitted (1-10)
oromo!lv)
6 Communication, exoianation of risk. and documentation (1-10\
7 Ability to follow the users ruies. re9ulations, and requirements (1-10)
(housekeeninn safetv, etc...\
8 Overall customer satisfaction and hiring a9ain based on (1-10)
performance (comfort level in hiring contractor again)
Overall Comments:
Agency or Contact Reference Business Name:
Contact Name:
Contact Phone and e-mail:
Date of Services:
Dollar Amount for Services:
PLEASE FAX THIS QUESTIONNAIRE TO ROMAN MARTINEZ AT 305.673.7851
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
45
ATTACHMENT 3
Risk Assessment Plan Guide
Introduction
The purpose of the Risk Assessment Plan (RAP) is to capture the contractor's ability to
preplan (identify the risks on a future project in terms of cost ($), time, and client
expectation of quality and performance). The RAP is used to:
1. Assist the client in prioritizing firms based on their ability to understand the risk of a
project.
2. Provide high performing vendors the opportunity to differentiate themselves due to
their experience and expertise.
3. Giving the competitive edge to experienced companies who have done the type of
work before, who can see the job from beginning to end, and who know how to
minimize the risk.
4. Provide a mechanism for the high performers to regulate the low performers by
ensuring that if they are not selected, the selected company will minimize the risk
and provide the client with a comparable performance.
The RAP will become Dart of the contract.
RAP Plan Format
The format for the RAP is attached. The RAP should clearly address the following
items in a non-technical manner:
1. List and prioritize major risk items or decisions to be made that are unique to this
project. This includes items that may cause the project to not be completed on time,
not finished within budget, generate any change orders, or may be a source of
dissatisfaction for the City. Attach a cost ($), time extension. or quality differential for
every risk.
2. Explain how the Contractor will avoid / minimize the risk. If the contractor has a
unique method to minimize the risk, it should be explained in non-technical terms.
3. Propose any options that could increase the value (expectation or quality) of their
work. List any value or differential that the contractor is bringing to the project.
4. Attach a schedule with (up to six) major milestones (in weeks) for each major task.
No nameslll - In order to minimize any bias by the evaluation committee, the RAP must
not contain ANY names (such as contractor, manufacturer, or designer names,
personnel names, project names, product names, or company letterhead). The RAP
should not contain any marketing information.
Lenqth - The City's goal is to make the selection process as efficient as possible.
Efficiency is to minimize the effort of all participants, especially those who will not get
BID NO: 36.05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
46
the project. Therefore, the RAP should be a brief, well organized and concise. The RAP
must not exceed 2 pages.
Font size - The font should be no smaller than 12 point.
Oraanization - Outline format. The attached format is only a sample.
Impact of Risks
Risks are any items that you should be concerned with throughout the entire project.
They are the most critical items that can impact the cost, time, or quality expectation of
the client. The risks should be prioritized, or listed in order by the greatest risks at the
top to the lowest risk in descending order. Each risk should have a cost and/or time
concern. If the risk has cost implications, the actual estimated cost should be listed. If it
has time concerns, the number of days should be listed.
Ratina of Risk Assessment Plans
The RAP will be rated by the Evaluation Committee assigned to this project.
Rating criteria will be:
1. The understanding and minimization of risks.
2. Contractor's differentiation of their value.
3. Schedule.
Checklist for Risk Assessment Plan
1. Are all names removed from the RAP: personal, project, or company names?
2. Does every risk have a cost or time attached to it?
3. Are risks listed, high impact risks? (Do not list risks that you can easily handle
unless you perceive others are not doing it)
4. Does the RAP include all service, quality control processes; documentation that you
do that your competition does not.
5. Are you including Public Relation risks such as interfacing with project managers,
users of the facility, or audit/inspection personnel?
6. Do you have a simple schedule with major milestones?
7. Do you understand that anything you list becomes a part of your contract?
8. Does your RAP plan differentiate you? By how much?
9. Can your RAP plan make a non-technical person comfortable with hiring you?
10. Did you number the pages of the risk assessment plan?
11. Did you make ~ copies of your RAP?
If all items are checked, your risk assessment plan is ready to submit.
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
47
ATTACHMENT 4
Risk Assessment Plan Format
Please prioritize the risks (list the greatest risks first). Indicate the potential impact to
project cost (in terms of $), and/or schedule (in terms of calendar Days). You may
add/delete the risk tables below as necessary.
Maior Risk Items
Risk 1:
Impact:
Schedule
(Days)
Solution:
Risk 2:
Impact: Cost ($)
Schedule
(Days)
Solution:
Risk 3:
Impact: Cost ($)
Solution:
Risk 4:
Impact: Cost ($)
Solution:
Risk 5:
Impact: Cost ($)
Solution:
Risk 6:
Impact: Cost ($)
Solution:
Risk 7:
Impact: Cost ($)
Schedule
(Days)
Schedule
(Days)
Schedule
(Days)
Schedule
(Days)
Schedule
(Days)
Solution:
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
48
Risk 8:
Impact: Cost ($)
Solution:
Risk 9:
Impact: Cost ($)
Solution:
Risk 10:
Impact: Cost ($)
Solution:
Schedule
(Days)
Schedule
(Days)
Schedule
(Days)
---------.-------..-..---------..---------.--.--.-----------.-------------.-------
Value Added Options or Differentials (what YOU will do that the others do not)
Vendors should identify any value added options or differentials that they are proposing,
and include a short description of how it adds value to the project. Identify if the items
will increase or decrease project schedule, cost, or expectation. You may add/delete
the value tables below as necessary.
Item 1:
Impact: Cost ($)
Item 2:
Impact: Cost ($)
Item 3:
Impact: -cosf($T
Item 4:
Impact: --C-ost($)
Schedule
(Days)
Schedule
(Days)
Schedule
(Days)
Schedule
(Days)
Item 5:
Impact:
Cost ($)
_ _______..__.___.,__~ .......___.__"........m......__.____..__........._____.........__...___._____......___.____
Schedule
(Days)
Schedule (maximum six milestones)
Milestones (start, finish, no of workdays)
Total number of workdays
BID NO: 36-05/06
DATE: 06123/06
CITY OF MIAMI BEACH
49
ATTACHMENT 5
Interview of Key Personnel
Introduction
The purpose of the interview is to rate the following of key individuals in these areas:
1. How well they see the project, from beginning to end.
2. Can they pick out and prioritize the critical points (risk) in terms of time and cost, and
have they preplanned for them.
3. Can they continuously improve.
4. Can they measure their own performance.
5. Can they minimize change orders, additional charges, and customer dissatisfaction.
Format
The key personnel shall be evaluated by the Evaluation Committee during its
meeting(s), and should be prepared to attend if invited to provide a presentation. The
interview will cover the above points. They will be questioned by the evaluation
committee and other individuals who may include the procurement staff and the City
user Department personnel.
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
50
00400. BIDITENDER FORM
Submitted: August 24, 2006
Date
City of Miami Beach, Florida
1700 Convention Center Drive
Miami Beach, Florida 33139
The undersigned, as Bidder, hereby declares that the only persons interested in this bid
as principal are named herein and that no person other than herein mentioned has any
interest in this bid or in the Contract to be entered into; that this bid is made without
connection with any other person, firm, or parties making a bid; and that it is, in all
respects, made fairly and in good faith without collusion or fraud.
The Bidder further declares that it has examined the site of the Work and informed itself
fully of all conditions pertaining to the place where the Work is to be done; that it has
examined the Bid Package and Design Criteria Package and all addenda thereto
furnished before the opening of the bids, as acknowledged below; and that it has
satisfied itself about the Work to be performed; and that it has submitted the required
Bid Guaranty; and all other required information with the bid; and that this bid is
submitted voluntarily and willingly.
The Bidder agrees, if this bid is accepted, to contract with the City, a political subdivision
of the State of Florida, pursuant to the terms and conditions of the Contract Documents
and to furnish all necessary materials, equipment, machinery, tools, apparatus, means
of transportation, and all labor necessary to construct and complete within the time
limits specified the Work covered by the Contract Documents for the Project entitled:
INVITATION TO BID (ITB) 36-05/06 FOR DESIGN/BUILD SERVICES FOR
NEIGHBORHOOD NO. 7 - NAUTILUS RIGHT-OF -WAY INFRASTRUCTURE
IMPROVEMENT PROJECT
The Bidder also agrees to furnish the required Performance Bond and Payment Bond or
alternative form of security, if permitted by the City, each for not less than the total bid
price plus alternates, if any, and to furnish the required Certificate(s) of Insurance.
The undersigned further agrees that the bid guaranty accompanying the bid shall be
forfe~ed if Bidder fails to execute said Contract, or fails to furnish the required
Performance Bond and Payment Bond or fails to furnish the required Certificate(s) of
Insurance within fifteen (15) calendar days after being notified of the award of the
Contract.
In the event of arithmetical errors, the Bidder agrees that these errors are errors which
may be corrected by the City. In the event of a discrepancy between the price bid in
figures and the price bid in words, the price in words shall govern. Bidder agrees that
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
51
any unit price listed in the bid is to be multiplied by the stated quantity requirements in
order to arrive at the total.
Acknowledgment is hereby made of the following addenda (identified by number)
received since issuance of the Bid Package:
_Addenda's #1, #2, #3, and #4
Attached is a Bid Bond IX], Cash I ], Money Order I ], Unconditional Letter of Credit I ],
Treasurer's Check I ], Bank Draft I j, Cashier's Check I ], or Certified Check I ]
No. Bank of for
the sum of Dollars
($
).
The Bidder shall acknowledge this bid by signing and completing the spaces provided
below.
Name of Bidder: RIC-MAN International
City/StatelZip: Pompano Beach, Florida 33073
Telephone No.: 954-426-1042
Social Security
No. or Federal
I.D.No.: 59-2300398_
Dun and
Bradstreet No.: 016633751
(if applicable)
If a partnership, names and addresses of partners:
_N/A
BID NO: 36-05106
DATE: 06123/06
CITY OF MIAMI BEACH
52
(Sian below if not incoroorated)
WITNESSES:
(Sian below if incoroorated)
(CORPORATE SEAL)
(Type or Print Name of Bidder)
(Signature)
(Type or Print Name Signed Above)
RIC-MAN International__
(Type or Print Name of Corporation)
~-:- _A"i..t
(Signature and Title)
_David A. Mancini __._________
(Type or Print Name Signed Above)
Incorporated under the laws of the State of: FLORIDA
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
53
00405. CITY OF MIAMI BEACH LICENSES. PERMITS AND FEES:
Pursuant to the Public Bid Disclosure Act, each license, permit or fee a Design/Build
firm will have to pay the City before or during construction or the percentage method or
unit method of all licenses, permits and fees REQUIRED BY THE CITY AND
PAYABLE TO THE CITY by virtue of this construction as part of the Contract is as
follows:
The prospective bidder's team members must comply with all applicable
professional licensing requirements including but not limited to those required by
Contractors, Architects, Engineers and Planners.
LICENSES, PERMITS AND FEES WHICH MAY BE REQUIRED BY MIAMI-DADE
COUNTY, THE STATE OF FLORIDA, OR OTHER GOVERNMENTAL ENTITIES ARE
NOT INCLUDED IN THE ABOVE LIST.
1. Occupational licenses from City of Miami Beach firms will be required to be
submitted within fifteen (15) days of notification of intent to award.
1. Occupational licenses will be required pursuant to Chapter 205.065 Florida
Statutes.
NOTE: a) If the contractor is a State of Florida Certified Contractor the
followina will be reauired:
1) Copy of State Contractors Certification
2) Place of Business Occupational License
3) Liability and Property Damage Insurance Certificate made to City
of Miami Beach
4) Workers compensation or the exemption
b) If a Dade County Licensed Contractor:
1) Dade Certificate of Competency in the Discipline Licensed
2) Municipal Contractors Occupational License
3) Liability and Property damage Insurance Certificate made to City
of Miami Beach
4) Workers Compensation or the exemption
NOTE: PLEASE PROVIDE COPIES OF ALL YOUR LICENSES AND
CORPORATE CERTIFICATES WITH YOUR BID RESPONSE
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
54
CITY OF MIAMI BEACH
RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM
NEIGHBORHOOD NO.: 7 - NAUTILUS
SUMMARY OF PERMITTING COST
AGENCY DESCRIPTION COST
DERM Class II Discharge to Surface Water
- Application Fee $490
- Permit Fee $298,705
($2,500 + $35 per $1,000 in excess
of $50,000. Estimated Construction
Cost of $8,513,000\
DERM Class V Drainage Wells
- Permit Review $13,000
($200 per well x 65 Wells)
DERM Class I Coastal Construction
- Permit Fee $1,930
($500 + $22 per $1 ,000 for
Construction Cost above $10,000.
Estimated Construction Cost of
$75,000)
SFWMD/ FDEP Environmental Resource Permit
- Application Fee $1,500
FDEP / M-D Health Dept. Construction of Water Main
Extension
- Application Fee $250
TOTAL PERMIT COST $315,875
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
55
CONSENT RESOLUTION OF
THE BOARD OF DIRECTORS OF
RIe-MAN INTERNATIOl'/AL, INC.
WHEREAS, the Florida Business Corporation Act, as amended, provides that if all of the
directors of a corporation consent in writing to any action to be taken by the corporation, such
action shall be as valid a corporate action as though it has been authorized at a meeting of the
directors; and
.
WHEREAS, the undersigned are all of the directors ofRIC-MAN INTERNATIONAL,
INC., a Florida corporation (the "Corporation"), and desire to take the actions expressed in the
resolutiDns set forth below.
NOW, THEREFORE, the Board of Directors (the "Board") of the Corporation takes the
actions expressed in the following resolutions as of May I, 2006:
""
I!;LECTION OF OFFICERS
RESOLVED, that the following persons are elected as the sole officers of the
Corporation, to hold the offices set forth opposite their respective names below,
until their respective successors have been duly elected and have qualified, or as
otherwise provided by the bylaws of the Corporation:
Da\~d Mancini
Paul C. Jankowski, Jr.
Rene Castillo, Sr.
Lisa M. Jankowski
President
Vice- President
Secretary
Treasurer and Assistant Secretary
COUNTERPARTS: COPIES
RESOLVED, that this consent Resolution may be executed in the counterparts, each
of which shall be deemed to be an original and all of which together shall constitute
one instrument.
RESOLVED, FURTHER, that copies (facsimile, photostatic or otherwise) of
signatures to this Consent Resolution shall be deemed to be originals and may be
relied on to the same extent as tbe originals.
IN WITNESS WHEREOF, the undersigned have executed this Consent Resolution
oftbe Board of Directors ofRic-Man International, Inc. as of May I, 2006.
~i3 '3::b'd
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III ic=-.-.:d_. ~~l..I"Ideo-o.;.er-"'71.flooideS.D.ha.
OSl'l7_ ;)03112 Lie No: 48131
Exp' 28-FE0-07
ThiS cord Is the Pfope:"ty of 1hl!. Floride Boe.~ of Prcfessional
Engince~ and must be. l"C1umed to ttie &arc in the event of
. susper'lsion or rC'\olOcation of liCense..
-~~
FLoRIDA BOAM OF PROFESSlONAL BNr.1N12RS
2507 CaJI.....r.3)' Read. S.Jire 200 .. TaIIaNss~~. FL 32303-5258
(850~ 521.0500
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STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
1940 NORTH MONROE STREET
TALLAHASSEE FL 32399-0783
(850) 487-1395
MANCINI, DAVID ALLAN
RIC-MAN INTERNATIONAL INC
2601 NW 48TH ST
POMPANO BEACH FL 33073-3017
_ ITATEOFFLORIDA
DEPARTMENT OF
, PROFESSIONAL
AC# 2675382
BUS INISS AJl1)
REGULATION
CUCOU220
07/22/06 058090463
RECEIVED
AUG 1 4 2006
CIRT UNDIi:RGROUND & BXCAV CNTR
MANCINI, DAVID ALLAN
RIC-MAN INTBRNATIONAL INC
IS CBRTIPIBD under th. provtaion. of ch.489 1l'1.
bpi..t:lOll d&~.. AUQ 31. 2008 LOS0722DOS7D
DETACH HERE
AC# 2675382 STATEOFFLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#L06072:.l00870
LICENSE NBR
07 22 2006 058090463 Ct1C044220
The UNDERGROUND UTILITY & EXCAVATION CO
Named below IS CERTIFIED
Under the provisions of Chapter 489 FS.
Expiration date: AUG 31, 2008
MANCINI, DAVID ALLAN
RIC-MAN INTERNATIONAL INC
2601 NW 48TH ST
POMPANO BEACH FL 33073-3017
JEB BUSH
GOVERNOR
DISPLAY AS REQUIRED BY LAW
SIMONE MARSTILLER
SECRETARY
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CERTIFICATE OF COMPETENCY
Detoch and SIGN the reverse side ot this
cord IMMEDIATELY upon receipt! You
should carry this cord with you of all limes.
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MANCINI, DAViD ALLEN
8835 NW 58 CT
PARKLAND FL 330670000
503-207 (Rev. 2/05)
}Oi/li/2006 MON 16:24 FAX 305 3i5 38i6
age:_1 D~cument Name: untitled
ICONTRAC BUILDING CODE COMPLIANCE
07/17/2006 INQ CONTRACTOR
PWQ-CTYB
141001
~LJ[}~~
OFFICE
CCN NO. CUC044220
EXAM OR BOARD APPROVAL DATE
COMPANY NAME RIC-MM. INTERNATIONAL, INC.
D/B/A NAME
INSURANCE F~PlRATION DATE
CONTRACTOR TYPE S STATE
l.DDRESS 2601 NW 48 ST
CITY POMPANO BRACH
ZIP 33073
EMAIL:
--- QUA L I FIE R
TRDS 199426415 CLASS ENGR
NM1E ~ANCINI DAVID A
CloASS STATUS ,/\
EXP DATE 08/31/2006
SSN 000008057
ISSUE DATE
TEMPORARY LIC
BNZM2101
JUANFE
15:55:07
(Y/N) N
02/01/2007 STATUS A LAST RENEWAL
BUSINESS TYPE C CORPORATION
PHONE:
STATE FL
PHONE 954 426-1042
08/17/2004
SKILL
I.EVEL P
FAX:
CLASS EXP DATE 08/31/2006
WORK COMP DATE 02/01/2007
WORK COMP EXEMPT (Y/N) N
CAT ST REG NUMBER
0019 CUC044220
PF2 " INQ ALL QUAI.
NEXT SCREEN
NO MORE QUALIFIERS,
pr3 = INQ TRADSMAN
PF7 = NEXT QUALIF PI'S ~ NEXT TRDCLS PF9 ~ NFJCT CAT
NEXT KEY
NO MORE TRADE CLASS, NO MORE CATEGORIES
Date: 7/17/2006 Time: 3:57:29 PM
---- ------,._---- .,-. -,
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STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
1940 NORTH MONROE STREET
TALLAHASSEE FL 32399-0783
(850) 487-1395
MELEHAN, FRANCIS P
RIC-MAN INTERNATIONAL INC
2601 NW 48TH STREET
POMPANO BEACH FL 33073
. STATEOFFLORIOA ACt 14331!i
DEPARTMENT OF: BUSINESII 'A1W ,,',
PRbFESSIO~AJ. REGuLA1:t;OR: ' i
CGC1506008 , ;~61iJ3/;Q.;'03069n09
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i:~iiii'~~~~fl~~~o.~r~~~CTOR
RIC:'KAN'INTERHA'l'IOlfM. IRC
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1"-
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IS CBRTIJ'IKD undezo the provbiou of Ch,4t9 n
bpirat104 d.h. AUQ 31, 2006 LOtOlUD1U'1
DETACH HERE
.__...._u._____.____,__._.__~____. ~__ '___0' ._.... .._..,...
ACt 1433157
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
' " " CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#L0406030163.
; . LICENSE NBR
06 03 2004 030697309 CGC1506008
The GENERAL CONTRACTOR
Named below IS CERTIFIED
Under the provisions of Chapter 489 FS.
Expiration date: AUG 31, 2006,
.'JELEHAN, FRANCIS P
RIC-MAN INTERNATIONAL INC
2601 NW 48TH STREET
POMPANO BEACH FL 33073
JEB BUSH
""1"\'1r'C''O~,I''\'D
DIANE CARR
SECRETARY
Licensing Portal - License Detail
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License Detllil
License Information
License Type:
Rank:
License Number:
Status:
Expires:
Certified General Contractor
Certified General Contractor
CGC1506008
Current, Active
08/31/2008
Special Qualifications
Effective Date
Qualified Business License Required 08/21/2003
Possible Actions
. Renew This Licens~
. View/Maintain Related Licenses
. Maintain Profile
. View My Continuinq Ed
b...
I Term.:; or Use I Pri'/aC,! Staterr,snr I
, .....
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8/9/20
. STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
- , - CONSTRUCTION INDUSTRY LICENSING BOARD
. ~ . 1940 NORTH MONROE STREET
"'M TALLAHASSEE FL 32399-0783
(850)
487-1395
RIC-MAN INTERNATIONAL INC
2601 NW 48TH ST
POMPANO BEACH FL 33073
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DETACH HERE
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Florida Department of Transportation
JEB B TJsa
GOVERNOR
605 Suwannee Street
Tallahassee, FL 32399-0450
DENVER J. STUTLER, JR.
SECRET.UY
June 27, 2:)06
Ric-Man Interna:ional, Inc.
26C1 NW 4S" Street;
Pompano Beach, FL 33073
RE: CERTIFICAT~ OF QUALIFICATION
Ge:it.lernen:
The Depa:r:tment of Transportation has qualif;.,ed your company for the amount
ard the type of work indicated below. Unless your company is notified
othen~'ise, this rating will expire: ;;une 30, ~GOi.
Please t~ke notice that to ~nsure continuity in your ~ertif~cation at least
thirt.y (30) days must be allowed for :.he processing of yot:r r-ex! applica:.ion
fo:!' qua] i.fici!.tior. 0 In j!,ccordance with S.337.14 (1) F.B. your next
application ~t;t be fi.lad within (() mc:mths of the and.in.g' date of the
~~;, app),icant's aud.it.9d annual financi.al statemen.t~ D,nd, if applicable, the
aud.i.ted interim f.i..n.ancial statements. To n:::main qualified wi:.h the
Dep?~.t.~,"Ler:t, a new application must be submit.ted subsequent: to any significant
Cf':oTI;]f!' if; the fi::.a.ncial position or the structure of YO'..1r firm as described
in S'2.ction 14-22.805(3), Florida .~dmir,istrative Code.
MAXIMUM C~PAC!TY R~TJNG: $290,400,000.00
~ORK CLASS RATINGS:
1. Major Bridges:
a. Bridges which include Bascule Spa::.s......... . . ... . . . . . . . . . . . .. .. ..
b. Bridges which include Curved Steel Girders.... ....................
c. Bridges with M\.:.lt.l..Level Roadways...................... ..........
d. Bridges of Concrete Segmental Construction.......... ...... ........
e. Bridges which i.nclude Steel Truss CO:1struct~.on,;.. . . . . . . . . . . . . . . . . .
f, Bridges wh:.ch :.nclude Cab:e Stayed COji~truct~cn... ... . ... ... .. " . .
g. Bridges of ccn'\'entional construction which are over a water
opening of 1000 feet or more. .. . . . ... .. . . . . . . .... . . . . .. . . . .. ......
2. Inte;.med:t~te Bridgas '(Bridges that contain none of the type of
~onstr~ction listed under Majer 8ridges and span l~nqths exceeding
5C feet (center -:0 center of cap) . .. . . . .. . . . . . . . . . ... . . . .. .. . . . .. ., ... .
3. Mino~ 2ridges (BridgEs with span lengths ~ot exceedi~g 50 feet
(center to center or cap) a~d total length ~ot exceeding 300 feet.
A Minor Br~oge shall ~o~ contain a~y types of construc~ion listed
under Major Bridges =r In~ermediate Bridges)....... ..................... X
4. Bascule Bridge Rehabilitation............................................-
~. Grading (!nc1ude~ clea~i~g a~d grubbing, excavaticnJ a~d embankmen~) ...~
6. Drai:-,age (Includes all stcr!":1 drai'ls, pipe culven:s, c'..llverts, e~c.)....L
7. Flexi~le ?av~ng (!~cludEs ~lmero=t arid sh611 base a~d ct~s= o?~i=~al
base ::C1,;rses-, soil-::emer.:ed b2sed, !T'.i:-:~d-ir:-p':'c.::E: l:.:.tu::-,.:.no\,;s ?avi::.;,
titum:.no'..ls sl;=:a::::e r.rea.'r:me:1:S, 50:-10 s:.a::iL..z:..n':)......................... X
e. ?o:::"':l~nd CEI!l.;~t. Cc!"',.::r.e:'te Pa.',~l:"].~...,.......... - . . . .. -. . . . . . . . . . . . . . . . . .. .
9. Ho~ P!ant-~ix~d ;it~rei~o~s S:=~=:~=al ~nj S~r~a=e S~~=sss......
\Nv\w.dat.state.rLus
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S?EC:hL~Y C~~SSZS OR WORK:
Fencinq, G~a~drail, Grassing, Seedino, Soddinq, ~a~ki~g, W~~er Mai~~, Open
Cut Sewers 6' and over, Contaminatio~ Remediatio~, Sewer Rehabi~itation &
?\~P Stations and Direc~io~al Drillinq.... ..... ...... ....~
Flease be adv:sed the Departme~t of Tra~spcrtation has considered your
company's q~al~fication in all work classes requested. We ~3ve eval~ated
your company's organization, ~anagement, work experience, work performance
and adequacy of equipment as directed by section 14-22.CC3, Florida
Administrative Code. Based or. this evaluatio~1 the Department is not able,
at this time, to prequalify your company for the work classes: Hot Plant-Mix
Bituminous Structural_a~d Su=face Courses, Landscapinq, Tunnelinq and Divinq.
To .bAcome pre-qualified in the class of Landscaping the contractor shall
provide supportive documentation needed to obtain this class of work. Please
..rilii t www..d"o"~.!~ate.fl.us/cc-:adm.inLprequalifie~ for class requj.rements.
You may app'::y, in writing, foT. a Revised Certificate of Qualification at any
time p~ior to t.he expiration date of this ce::tificate 'accordi:1g to Section
14-22.0041(3)/ Florida Ad.ministrative Code. Please be advised if
cer"tification in additional classes of work is desired, documentation is
need::d to sh-:.w that you:!:. company has done such work with your own forces and
equ:.pment or tl-.at experier,ce was gained with anot.her contractor and that you
~ave t~e necessary equipment for each additional class of work requested.
;'.151': refer to the note at t.he bottom of Page 16 of the .!\pplication for
Oual.it~cati~n when s\lpplY.l..ng additional informatio:".
Sincerely yonrs,
c::::Y?~ ~
Jua~ita Moore, Manager
Contracts Ad~inistration Office
~: rs
::.2/89
ISEE NOTES ON REVERSE SIDE)
1'IOTES AP?LlCIcBLE TO RATINGS ASSIGNED
ON FRONl' or: TEIS FORM
~~ MJ1.zrMOM c..'!U:ACIT"Y ID_TING JI-:SSIGNED EE-~ON S~_S BE
P~UCEp 3Y TEE VJo.Lm!:. OF 1'.!.L 1JNCOMY".wETED WO::tK YOtl
,E..'I.'I'E ilNDJilR ,CON'Et.'l.CT (DR SOBCONElACT), REGJo.EDLESS OF
Y-i:;U!.",E ,OR r.-:!:Tl! WEOM IT !P3 3E CD'l:lTBACTED, '1''0
'DETF~mx:E YOU?, B;mDING ~.!lJ1l::~TY Jl.l. T:EE :E?,.;r.T:~iJL~..F.
'IDlE (Cu.al'.:El'l'l' CJl.EACJ:TY), !E!S DET'E3l!IJi.....'.rIOl'l SEJ>.ll,
:BE W.DE 1>-S PROVIDED IH 5EC:!IOl'l 14-2LOD6, F.LO?.;IDA
j:;_"D!-':onS'!~.J!-TI',iE. 'CODE. TE.!S . SE~!'IDN A1.SD F~Qu7P.:ES
,,,:E::1>C! YDt) CERTIFY, 'CIlmEP. OJlTB ~.S TO .YOtlR CUP.:!'.ENT
. CJi...PACITY FOR EJtC3 LETTING ]t~ WEICH YOU SOB..r.r!T A
3:w:l.
l'..E:P.OV1'.:L DFWO?:K CLJ>.s..5:rF!O~IDNS FOR 701JR
D:Ri:1\N!Z1l~1.0l'l IS r:mIClL'i-ED w'"'!~E. ~..l~ . \\!I:'T1 IN THE E?ACE
T~~Y TD :::.=w:.. :?.!GET OF '\\-'rlOPJ\ ~.3S ?~-TINGsrt' ~~ID
":!:..:jC~'Elr:']>~ CL.:P..5SES" 1'..5 F..E?L!r::P.3LE.
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~"::?~IC.6..3:"'~ SEC710:-,~S ':;r ;.;.....~2 :.~.-.:.: ?..t.....c.
~-=-_~.: S::?'.....-:...i.~ :-:~::: F2'~T...7J:..::.!~,3,-:-S ?CR :':S:::1'G
.L. S:;;"':::-:-.:' Tc. J\ CFE..:....S= ;:2::~G C.A..?.:...::=T~'
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14-22.003 (2) (a):. a
Ratinq the Appli.cant
1(-22.003 (2) (b)
2. E.xc::pt for the p:-ovisions afRuie 14.
22.003 (2) (al 2.a above, 1hz MQ/ for finr..s that
havE /VI AbilltyScore of91 or I7'It1lel" wi/I bE {he
.. Agl7:rale of ContnJaJ" amoun' ltiplllalad in the
SlArery commltmenl lelter. An MCR uta.blisJud
rhrollrh the zue of Q .nuery c.ommitment letter shall
nol aceed 1M. .Aggregare o!ContraC:II" amoun/
srtpWalca In tM surety commitrntnll,tld".
. 3. U!e of a S'UretV commitmClt: letter to
increase an umUcantlll Maximum .Canacitv Ra.tin(
wilt onlY be conlldered if stthe time of ICtllication
the'annlicantlll Cum:nt Ratio FRctnr is atlcz.st 1.00
os defined in Rule Section 14-22.003I2\1a\3.. Ind
the annlicant has en Ability Score of 80 Or hi2ne:r.
No ...nt(s} during th. qUDiificaticn p.riad
subsrqvi!1it to /M .ndinf dol. of 1M audit.d
financicJ" ltalemcnts JUt.d for qut:lification will oe
co~ilUrui in Ullfnnining an qppliJ:ant's Current
Rallo Faclar. '
a. Notwithstanding the requir.::oents in Rule Sections 14-
nOC3 (2) (a) Uld 14-22.003 (2) (L) l.... l.b" I.e., l.ei., and
14.22.003 (2) (a) 2, .bove, the AF, (Ahiiity Facto,) will be
limited to a maximum of4, if the applic:an.tre.ceives an ability
score of76 or less on the initial spplication, or receives an ability
Score of76 OD. two or mo~ Prime Contrll.CtOrPast Performance
ReportS on tile for projcotl completed during the 12 month
period pr:ccding the applican:' s fiscal y,el1 ending date for
wbich the C:ttificate ofQuaJiiication is being issued. The use of
a sumty commitment leaa to raise the MCR' is prohibited under
this limitation.
b. n.i.s AI iimitation will n:ma.in l.'1 e-:E'ect during the current
qualification period.
(b) Bending Cepa.city.
r.'E.x.copt forthcpromions of Rule 14-22.Q03 (2) (a)
l.a abo\e, ;on z.pplicmtquallfyit!3 for a positive ruing tinder the
aDu'/e provi.tions. h2.3 an Ability Score of80 or hiR"her.and has a
~LR\!ti, Factor ofatl.....1.00. shall be alloYfedix> ndseit',
MeR upon receipt of evidence ofa C'.urrent bonding. capacity
ex(.:~dL'1r1 the calculated MCR'no:n l surety company
authcrized t..:; do busiIicsi in FloridL Such evidence shall be in
the fvtm ofa.lt..t=er ofcommitmcntcxccuted by an oflicerofthe
surety who is outborU1:d to bind the surety, with power of
momo" 1Ill>fb.ct. The sun:ty letter m"", be dated within four
months onne re<:[ucot and cover tile certification period. Tha
limit for all MCR Lrnud an the ba..Ri Df .r~h bond commitment
for app/ic..t.r with 011 Ability Scare of80 rhraugh 90 will b.
d./umi..d by the followjng "Surety Capacity' formula:
!UJ.qi.bill~ fa:: Obta.:l.ni.D.IJ Prapcanl
Oo~ts
14-22.00B 131
MCR=
hh.x.ilnU~ Cape.:ity Rating
(Dct:rmin:d ts providee in 14~22.0C3
~2.) (a)
(5) A qualified bidder will be issued proposal
documcau for my number of projects, provided tile
estimated ccntrm. amount qf any individual project
requested docs not exceed their Cun-cnt Capacity. Except
ror the provisions of Rule 14-22.003 (2) (al 2.. above,
Qualified firms that desin:. to bid I mniect which exceeds
their Cumnt ClDacitv. Ind wilDS Ctrn:n, Ratio ~
was at least 1.00' based on the financial statements . used
for ~t, ~ualifiCBticn. and thaI'he.ve an Ability Score of
80 or hlsmor. wl1l be allowed III bid thllt ..",ine oroiect if
the firm fi1rnimes a commitinent lettor from a. wi-etv
COmDBnV autbori:r.ed to do bmincss .in FJori"d.a. that docs
not exceed the n.nn 's s~ CanRCitv as emiblishcd bv.
] 4-11.003121(b)1.
SC = SMxMCRx (CRV /TR)
In which:
sc=
Surety Capacity
SUfety Multiplier (Detcnnincd fn:lm
Ability Scont- Sun:t). Multiplier Table
as provided OD front of worksheet)
SM;
CRV=
ConsvuaiOrl Revcaucs (As set forth in
appliClllltl: financial rtat::mcnts per 14.-
22.002 (2)(c)2.
TRV=
Total R:venuC$ (As s:t forth in
l?pli:m:'s fin1Ul:ia1!ta:::r:.er,:)
"onCE OF ADMl"\ISTR." Tj\'I HHRI"G RlGHTS
..{Oll :r;.a\' C~riticD fo~ ax: aci.ili.nist:riii\'~ hea:in!2: Dill'suani: to s~:ricn.s 120.56? and 120.57. :ioric:i.aS:.&.'ill':.~s. If "at:
dise.gree' ,^:ith the facrs stared in the fo:-egoing Noii~e af Inte:llied DeparJIlcn: A:tiorl (ne,.;i.l1a'fte; Nati:~). you ~l"Y
p:.tition for 2. iarmal a:inrinistranve hearing ?t::suant to s~:ti:)n 12C.57(1). ?lojida SI2.w.~s. If yo\:. ag:-ee with !he
Iac!S stated in the Nati::. you may petition ror an iniormal a.dminiSiI"B.uve hea..-in.g pursuant to se:tion 120.57(2),
Florida Stail.."tes. Y au must iiie tile pen-Jon wi:h:
Clerk of Agen:y Proceedings
Department ofTranspo:tatian
Haydon Bums Building
, 605 Suwannee Street, MS 58
, Tallahassee, Florida 32399-0458
The petition for an a.:iministrative hearing must conform to the requirements of section 120.54(5)(b)4, Florida
Statutes, and ei1her Rule 28-186.201(2) or Rule 28-106:301(2), Florid. Administrative Code, and must be fiied with
1he Cierkoi Agency Proceerlings by 5:00'p.rr.., no Jawr than 10 days ai',or you ,received the Notice. The petition for
an ad."niD.i~J'ative hearing should inr.l~ a oopy of the Notice, and must be" legible. on SY3 by 11 inch white paper,
and. cantam:' .'
1. Your name, &.ddr~SI elcphone number, an)' Department of Transportation identifying number an the.
Notice, ,if known, the Dame and identification number of each agency affected, if mown, and nam:,
address, and tetephone numb~r of your representative, if any, wbich shall be the ad.dr~s for se:-vice
purposes aur.ng the course of the proceedin.g;
I',
2. ~ e>..-planatbn of bow your substantia! interests will be afie~e~ by the ~cticn described in the Notice;
3. k sr.aterne:nt c,fwhen and how you rec\'::',ived the Notice;
4. A sr.ateme~t ofali disputed issues Ofn13,terial fact. fiti1er~ Br! none, YOll must so' mdf::Bte;
5. A concise statement of the ultimate facts alleged," including the specific facts the petitioner ~on~ds_ .
warrant reversal OJ' modification of the agency.'s pr.oposed action; as well as an explanation oi how the
alleged facts. reiate to the specific rules and statut:s the p~titioneT cont~ds require. revcrsal or
modification of the agency's prop.osed action;
6, A statement of the relief sought, Stating precisely the d~sired ac,:ion the petitioner wishes the agency
should take in respec.t to the agency',s proposed action.
If there are disputed is~s of material fact a formal bearing will b~ he1d., where you may pr:scD! evidence and
arguuj~nt. on all issues i"Jv-Olved and conciucl cross.eX8JIUnaLior... If th=:re are. DO disput!".d issues or material fact an
informal h~aring will be held, where you may present evid...-nce or a writte:c. s:a.tem:mt for consid=.ration by the
Depa.-=.ent.
Mediation, pursuant to section 120.573, 'Florida Statutes, may be available if agr."d to by all pa."1b, and oa su:;b
terms as may.be agreed upon by all pa,,-u.es. Tne right'to an ad.m.iniscrarive heari.ng i~ not &...i..;ecred wilen mediation
does not r~.su1t in a's:ttlem:nt.
A pemiOIl far an adminisI:"ative hearing shill be. dismiss~d, if it is not in substantial cocplimce 'wim the
:equi::m~Zlts of eij}~r Rule 28-106.20l(2j or Ru1~ 28~106.301(2), Fiorida Adminisr.-ative Code, or if the pe-tidOD
has not b::n tim~iy filed.. If your petiti~D is dismiss~d you will !ra\/e waived yo!.!.: rigrl1 to n2ve t,e trr~nd.~d actioD
~evi~w'e:5. pur:a.:a..."'1'!: to chapt=:r 120, Fio:icia St.a:rute.s, nG 0.:. a:.tio:: s=.: fo:-J: iI! the NOi.loe ~ha1; be ::C:lc:'.!Siv~ Z1ld
:1...al.
MIAIDoDADE COUNTY
TAX COIJ..I!Cl'OR
'40w. FLAGLEII ST.
,.... FLOOR
IIWII, FL 33'30
"A~c\fr~a~Q~~";~SX
PURSUANT10 ~ CQ!.lNP' CO!lE'll~l(l,21 ",;,;,-;_..';,
", ' >EXP!RES,SEpT..'ll!';iIOii!l';"",;<.': ;"'C";'?," '0"
\. ....:.. w.. ..,.....:..~.,~. .~'.
200ll
THIS IS NOT A BILL-DO NOT PAY
LICENSE NO. 50-0254235 CC NO. E102
BUSINESS NAME f[OCATIOIiI
FIRST-CLASS
u.s. PO&1ME
PAID
MIAMI, FL
PERMIT NO. 231
IS HEREBY LICENSED 10 DO
BUSINESS AS A CONTRACTOR
AS SPECIFIED HEREON.
GENERAL ASPHALT CO INC
4850 Nil 72 AVE
OWNER .GENERAL ASPHALT CD INC
SEE lACK OF LICENSE FOR
A LIST OF NON-PARTICIPATING
MUNICIPALITIES
GENERAL EN8INEERING CONTRACTR
DO Nar FORWARD
~_ muot
rogIoforlnlhoclty
__laID
bo doIle.
GENERAL ASPHALT CO IHC
POBOX 52- 2306
MIAMI FL 33152
--
Ma'''cm&CtlrV1)J(
C<lU.EC1'Clft
09/0712005
00200000395
000300.00
.,
'.
1
1
M1AIII-IIADE COUNTY
TAX COLLECTOR
140 W. FLAGLER ST.
14111 FLOOR
MIAMI, FL 33130
2005 OCCUPATIONAL LlCeNSI! TAX 2001
MIAIIl-DAoe COUNTY. STAT!! Of FLORIDA
I!XPIRI!S SI!PT. 30, 2001
MUST Ill! DISPLAYED AT PLACE OF IIUSlNESS "
PURSUANT TO COUNTY CODI! CHAPTEiIIA -lUlT. . a 10,
FlRST-C1.AB8
U.B. POSTAGE
PAID
MIAMI, FL
PI!RIIrr NO. 231
021;423-5 THIS IS NOT A BILL.DO NOT PAY RENEWAL
BUSlIfIfB811lllE I LOCAnON lICENSE NO: 025423- 5
GENERAL ASPHALT CO INC CC' E70Z
4850 NW 72 AVE
33166 UNIN DADE COUNTY
OWNER
GENERAL ASPHALT CO INC
See. ,.". ill BualnMa
,., A~NERAL ENGINEERING CONTHACTR
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WORKEIlIS
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00 NOT FORWARD
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000075.00
SEE OTHER SIDE
GENERAL ASPHALT CO
P 0 lOX 52-2306
MIAMI Fl. 35152
INC
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Florida Department of Transportation
JER RlISH
CO\'ER~OIl
605 Suwannee Street
Tallahassee, Fl 32399-0450
DE~VEIl J, STlITLEIl. JR.
SF.CRETARY
t-lay 22, 2006
G~neral Asphalt Co., Inc.
4850 NW 72"~ ~venue
l'liami, F'L 33166
RE: CERTIFICP..TE OF '~IJ!\.LIFICATIOtl
Gem:lemen:
'The Department of TransporLatlon has qualified your company for the amount
and th~ type of H.:>rk indicated beloH. Unless your c:ompany is notified
oth~n.Jise, this rating Hill ~xpi re ~lune 30, LOC~~'.
Please rake notice that to ensure ~ontinuity in yo~~ cer~ification at lease
thirty (:10) duys must be allowed for the pt"0cessing of your ~. application
for qualification. In accordance with 9.331.14 (1) F.S. your next application
must be filed within 141 months of the ending date of the applicant's audited
annual financial statements and, if applicable, the audited interim financial
statements. To remain qualified \dth the Di:!p.=:trtrr.ent, a ne~J application must
be submitted subsequent to any signifi.cant. chanqe in t.he financial position
:)1" the structul-oe of your firm as de.~.::rib~d in Se~t:1C'ln 14-22.005(3), Florida
Admi.nis:ra::ive Code.
Hr.~\H'JUt'1 C.!\?ACITY R.L\TING: $48,9121000.00
WORK CLASS RATINGS:
1. r-Iajor Bridg~s:
a. Bridges which i n=:lude Bascule Spans...............................
b. Bridges which include Curved Steel Girders........................
C:. Bridges with [~1111ti-Level RClad\...ays.................................
d. Bridges of Concrete Segmental Constru=tion........................
e. Bridges which include Steel Truss Construction....................
f. Bridges which in..:lude Cable 3t2lyed COlLstru..:tior:...................
g. Bridges of conventional constnl~tion whidl are 01:1:":'[" a \-Jat.er
opening of ] 000 teet en more......................................
intermediate Bridges tBridqes that ~orlt~iD none ~r Ltl~ type of
c'ons::rl1ctlon listed under Ndjcr 3ridg€'s ar~:1 .o;r.ar. 1'7!r:gn,s e;-:.:~eding
50 te~t (cent-er to cent~t- rlf cap)......................................
J. Co-linclr Brtd:)es (3ridg-=s ~'lith span l.::rqtn.:: r:~"'lr: e:,c~-?edin'.:J ::',1) feet
(cem:.er t" c.~ntel" or cap) and ti:>r.al l~llqUl !lot e;,:c-:'l;:"'dir:9 :iOO feet.
F-. Hln.)r Bridge srlaU not ...:orIU:l.i.n d:l~f tyf'("~s 1)[ ;::OfISi"r'.lcti.;.n listed
under tvlajor Bridges or Intcrrnt;:d: ate P,rL-j':;J~sl..................,........ '__
<1. BasclJl~ Brid)e Rehabil itation..... . .. " . . .. . .. .. .... ...... .......... ....
5. Gr.!l.ding (ICl,-:lud?~ cl~at:in~l .J.nd ')rubbin,J, e:.:c:F.l~:.=!.!" li',r" ~H,-:i e:mt,anklhi:nt l...-L
6. Drainage (In,-:lud!:"s all storm or-air!s, ;!J.p". ':".11v..:=-I:t!:, ';;llv,,="rt:'~1 etc.) ....__
"'7 fl.e:.;it.le r'a.tin9 (IClC'llld.::~!' li.m~t-o':-.: a:"~(] :::.r,0::.1 ~ b~l~;;; ,11":;:1 ':\th,?r cf.'llO!"i;.l
l~,L~!. ,.:-our:=;es I s:-d.l -t::-:~iT'e~lt t'd c.',~:3.=:d, ih..:..:.:~~d-;;.rl-r,:.l:i:~ I,); T: ;Jrni n0US p.:';': i fig,
b..1:1J1,jr,(,us 5tH f)::.;; L:'.~a~_m=n;:.3, -::';1':: :::r,:,~i ".:~.':J,......"""""" ,.....
f'. ~'urr.ld;""\d C~J{~"~nL C:'n.:r=c~ 'd.!1rlu........................................
=. n(l1:" ?l.~lnt-r-1ize:,j ei.t'Jr.li.nCrL:5 .:~:r:.",:-':'J::-3:1 .;:~!'-'l ~'J!:'::'-F- '--:'~~'J!":=:~s.............. ..
www.dot.state.fl.us
* RE"""".....
General Asphalt Co., Inc.
r-:.3Y 22, 2006
Page Two
SPECIALTY CLASSES OR WORK:
None. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., X
Please be advised the Department of Tr3nsport~tiorl has con5idered your
company's qualification in all work classes r~quested. We !)3Ve evalua~ed
your companl'" 5 orgdnization, managemoant, work experie!'lcr?, ...lork perfcrmano::e
and ad~qua=y of equipment as directed by section 14-22.003, Florida
Administrati 'J".: Code. Based on this evaluatIon, i..he D~F-,artment. is Tlct <:.bla,
at this time, te. prequallfy your compa.ny fOl" th~ ~'Jork classt.:.'s: Haulin'J.
You may apply, in writ.ing, for c Revised eertifica~e of IJual:l.ficatio:'1 !tt any
t.ime prior to the e:.q:oi.ratiNI date. of this certificate a-::cordirag to .se~ti'::!n
14-22.0041(3), FloridCl .~.dminis':rati\'e Cod'e. ~'lease be ildvised :..f
certification in additional classes of wor~ is desired, documentation !s
needed to sh("'l\." that your company has done su.~h h'ork ...d th your (Jwn fo~:es and
equipment or that experi.ence ~/as gained l..,.ith another contractor and that you
have the nel:essary equipment for each additional class of work req'.H.::sL~d.
P.ls...., refer to the note at the bottom of Page 16 of the ..o..pplicat.io:l io=
Qualification \r':hen supplying additional inforrr,atiofl.
Sincerely yours,
C'~<('C4'-':'_~ ~
Juanita Moor~, Manager
Contracts Administration Offi.ce-
Jl'~: rs
12/89
I SEE NOTES at-! REVERSE S J DE i
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NOTICE OF ADMrNlSTRA TIVE HEARING RIGHTS
You may petirion for an adminisumive hearing pursuant to sections 120.569 and 120.57, Florida Sllltu!05, If you
disagree with the factS itll1ed in the foregoing Notice oflntended Department Action (hereinafr::r Notice), you m,y
petition for a [ormal administrative hearing pursuanl to section 120.57(1), Florida SllltlJIeS. If you "'''Tee Wilt. the
facts Stated in the Notice, you may petition for an informal adminimative bearing pursuant to section 120.57(2),
Florida StalllteS. You must file the petition with:
Clerk of Agency Proceedings
DepanmellI of Transportation
Haydon Bums Building
605 Suwannee Slreel, MS 58
Tallahessee, Florida 32399-0458
The petition for an administrative hearing must conform to the requirements of section 120.S4(S)(b)4, Florid2.
SlllOlles, and either Rule 28-106.201(2) or Rule 28-106.301(2), Fiorida Administrative Code, and mUSlbe meri witi,
the Cierl~ of Agency Pro:eedings by 5:00 p.m., no later than 10 days after you received the Notice, The petition for
an administrative hearing should include a COP)' of the Notice, and must be legible, on 8!.; by 11 inch white paper,
and comait/: '
1. Your name, address, telephone numb::-, any Department of Transportation identifying number on tht
Notice, ,if l.."lIown, the name and idemifi::ation number of each agene)' affected, if known, anc name,
address, and telephone number of your represenrarlv" if an)'; which shall be the addn:,. far 'elI't.e
pwposes during the COllIS: of the proceeding;
I An eKplMiltion of how your 5ubsmmial interests will be affected by the action described in the. Noric~~
3. A st1lternomt of when and haw you received the Notice;
4. A swement ofa.n disputed issue::. uf material fBeL If there are none, you must so indicate;
5. A conciae statement of the ultimate fa:::ts alieged, including the specifi::: ia.....ts the petitioner cont~nds
warrant reversal or modification of the agenoy's propos." action; as well as an explanarion of how the
aUeged factS IOlare 10 the specific roles and statutOs the petitioner contends require reve"al or
nlodification of the agency's proposed action;
6. A statement of the relief sought, stating precisely the d:sired action the petitionei wish:s the egen:::y
should take in r:spect to the agency's proposed action.
If there arc disputed issu:s of material fact a fannal hearing will ~ held, where YO".1 may pr:.s:nt evidcn:::: md
argument on all issues involved and conducl cross-examinalion. If tilere are no disputed issues of m.u:rial Cae! an
infonnal hearing will be held. wher~ you may present evidence or 2 wrinen swement for consideration oy Ii:.
Dopartntem.
Mediation. pursuant 10 Se::tioD 120.573, Florida StatuteS, may be available if agreed to by aU panies, and on such
r:nm as may be agreed upon by all P2.4-ti:s. Tne right to an administrative h:aring is Dot afie.:tec wct:. mefuiioD
d~s not result in a settlement.
A petition for all administrative bearing shall be dismissed, ii it is Dot in SUDSuntial compliance wlth r:.,e
requiremenlS of either Rule 2&-106.201(2) or Rule 28-106.3010). Florid. Ad:niDistrative Code. or if ti:e petition
has not been Limely rued. If you: petition i.,: dismissed you will bav~, w:!.ivec your right to have the mtendec a:::ion
r:viewed pursuam to chapte:' 120, Florida Starut:s, and the action sei forth ir. tbe t\oti::::e sli.all be :ondusiv:. !...,d
fi.,aJ.
I' ,e...... STATE OF FLORIDA
. ,DEPARTMENT OF
, "',;lli?" PROFESSIONAL
I RG0060992
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BUSINESS AND
REGULATION
08/22/03 030119752
REGISTERED GENERAL CONTRACTOR
WEBSTER, ROYAL S
GENERAL ASPHALT CO INC
(INDIVIDUAL HD'ST MEBT ALL LOCAL
LICENSING REQUIREHENTS PRIOR
TO CONTRACTING IN ANY AREA)
HAS RBGISTBRBD \UlUll' the proori.i.. of Cb.489
intlcala duel ADa 31.. 2005 LOlOUlOOU2
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SIG ATURE
08 22 2003 030119752 RG0060992
The GENERAL CONTRACTOR
Named below HAS REGISTERED
Under the provisions of Chapter 4$9 FS.
Expiration date: AUG 31, 2005,
(INDIVIDUAL MUST MEET ALL LOCAL ,LICENSING
REQUIREMENTS PRIOR TO CONTRACTING IN ~ AaEA)
WEBSTER, ROYAL S
GENERAL ASPHALT CO INC
2015 COUNTRY CLUB PRADO
CORAL GABLES FL 33134
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION 1
CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#L03082200362 I
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STATE OF FLORIDA
LICENSE NBR
JEB BUSH
GOVERNOR
DI8PLAY M nEOO1REG-BV-lAW
DIANE CARR
SECRETARY
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1825 Ponce De leon Blvd #277
Coral Gables Fl. 33134
Phone(305)~737
Florida Water wen Contractor License # 11138
All Equal Opportunity Employer
VNNI.dynamicdrilling.com
STATEMENT OF QUALIFICATION
lIc.nse Holder Najib B. 'Duke' Halwani
EduC8tlon Graduate of BOSTON UNIVERSITY with continuing education in
Geology and Hydro Geology at FlORIDA INTERNATIONAL UNIVERSITY.
Forty hours OSHA trained.
Experience Work related experience includes: Installation of drainage wells,
monitorlng wells, recovery wells, air striper installations, as well as conducting
pump tests to determine aquifer characteristics.
Twelve Y..... as owner and operator of DYNAMIC ENVIRONMENTAL
DRILLING, INC.
Equipment
Truck mounted Bucyrua 80-L Cable Tool drill rig.
Truck mounted Bucyru. 80-L Cable Tool drill rig.
Truck mounted Bucyrue 6O.L Cable Tool drftl rig.
Truck mounted Bucyrus 6O-l Cable Tool drill rig.
14,000 Ib Vibratory unit wi.... power pack.
Falling 1500 set up for reverse air drilling and mud.
Five Four wheel drive BackhoeJloader combinations.
Support trucks & Welders.
Inour.nce
General liability, Auto liability, and Workers Compensation coverage.
DYNAMIC
............... ...
Technical
Dynamic Environmental Drilling, Inc. is capable of drilling _II. from 314" to 48"
in diameter, incMjing Class V drainage, Fire wells Environmental as well as
double cased wells.
Drilling Crew
Experienced 40 hour OSHA trained drilling crew.
CompleIH Projects
Up on request
Sumlllllry
Dynamic Environmental Drilling, Inc. is a young innovative driMing company with
an emphasis on m . aualllY and aletv. This focused approach
towards all our drilling projects has contributed to our continuing success in
today's expanding market.
RemrvrICes
Up on request
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s1'Ani! QFRQlUDA
WATER WI!!U.. CON1'IIAC1UI LICENSE
Iuuad to
Nll.ilb II. Ralwui
LhAlase No. 11131 EJqJIres 7/3111007
DIS'I1a~TIONOFf1(;6l.
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MIAMI-VADE COUNTY
BLlILDING I:ODE C:OI'IPLIANCE OFI"IGE
14(' \oj. Fl_ACiLER ST.. SUITe: 1602
i1IAI'iI FL. 331.30
( 3v~i) 3:'5-2527
STATE CONTRACTOR'S CERTIFICATE OF' VOLIJNTArd REGlSTRA"r ION
WliH MlI~M.(-nArE COUNT'! ISSUED 00 .)1)00
1'1.IIS IS' TO CEF1TIFY THAT DYNAMIC: ENVIRONMENTAI_ DRILLING INC
COI'.IT1~ACn:II~ cr~F:T IFICATI. ND..: SWL")! t 138
Tf':A!)E: FL.UMB I.NG
I~ElnSn~(nI()N EXPIRATION DATE: O?/81/2Q07
HAVING 111::1' THr:: RE.GISTRATlt:1N REHLlIREl1ENTS OF 11lt'~/'1I-DADE cowny, IS
REG I STERE[' AS A STf.TE CDNTF:ACTOF: IN THE F'OL.LOWING CATEGORY (51:
".;11:=: WATER WELL.-STATE:
WITH (-\LL, WIJHI< TO BE:: [lONE UI'lDEH THE SUf'ERVI\310t\l. DII~EI~l'ID\'.I AI\lD CONTROL
OF QU,':\UFnNG AOENT Hi:lU'j(~NI NAdIB B S.S.N. 2:5-64-1(>77
AL.TEF:>~nCIN. REPROlJLIC:TION OR TR,>;NSFEF: OF THIS CEF:TlFICATE IS f'r<Ol-lI8lTEIo.
HERMINID GONZAL.EZ, P.E.
SEI:RETAH'I, CONSTRUCT ION TR~,DES L1LII:',L I FY II'lG BOARD
IHllO'\I'/I';: E.1\l\JII~OI'WIf;:NH\!. DRILLII'lll II\\C
415 AL,El)C' (~~'E
CCIRttl.. GA:aLE~1 t"':'L ~'):3 L34
MlAM~IMOE COll'4TY
TAX COI.LJ:c;TOR
140 W. FI.JlGLSI ST.
14111FLooR,' '
UIAM~ fl 31130
2llIIII OCCUMl1llNALLtCl!i1R TAlI ' , --
II1AII~DADI! COUNlY . STAlE OF FLO"-
EXPIIIElISEPT. 3D, _ '
, MUST BE D1SPLATmICf' PLM:E OF BUS_as
, PURSUAIfTTO COUNlY COOE'CHAP'T1!RIIA. aRT. . & 10
P11lSI'C1.A1S '
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PER..,. _1St
5Uln-6 '
.~~K'i'1!JkiITAL DRILLINB
..._.,,~NC' '. ,,' .
, 415' ALEDO AVE
33154 CORAL' GABLES ,
~laMIC EWVIRO DRILLIN8 tNC
~WM~:rv :PLlI'lBINB CONTRACTOR"
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--:-'-19/28/2005
002DOOQl067
OOll!le\~.
RENEIIAL
~~EIOc 358094-2
'STATE. SWD 11158
WORlCER/S
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DO NCJT' po_a
DVNAMIC ENVIRONMENTAL DRILLINB
INC
HAJJI . HALIIANI PRES
415 ALEDa AYE
CORAL eAlLES FL 55154
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City of Hialeah
Occupational License
III.,... Raul 1_ Mortinez:
2005-06
N~:' "2258152, ': ",' , , ' Am"""': $ 95.QO
, , 'The ....ptl,timi. or ~rp. I~d' ......on is heieby lic....'I'I" '''P.P in lllo bw;;".., _if led ,,.,lojOCl to tho Iqulalions and restrictions
, oCIIIoCltyafllidcal!;,FloricL, '
: ,Owner:
1']lp""j""",,,,, GEIICIUlL WAR&RmJSING AND STORllG&
"DYNAMIC ENYI.~TAL DRliLING
US ALi:,DD AVE.
'CORAL,GA8LCS. FL 33134
Business Loc8Jian:
2635'" 19 ST
~'alidotinl No. :, ,0000
Expin:s Sqllember 30, 2006
lEI IVSM
GOVltRNOa
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Florida De~rtment of TTansp0rt4tWn
605 Suwon~.. Street
Tdllon<lI$ee. Fl 32399-0A50
,lost Ainu
~r.<;RETARY
April 20, 2004
Homestead COllCtete '" Drainage, Inc.
Mr. Alfredo Cordero, President
P. O. Box 1273
Home$tead, FL 33090
RE: DISADVANTAGED BUSINESS ENTERPRISE CERTIF'lCATION
Dear Mr. Co.dero:
The Department is pleased to lII1Jlounce that your company has been certified as a Di!i4dvantagcd
Business Enterprise (DBE) which is subject to contilllled eligibility and also subject to actions of
any other govemmental agencies which U\8Y affect the minority status of your firm. TIlls agency's
certification enables the cotnpulY to compete for Departtn.ent work as a minority owned 1100 operated
comJlllDY. It is not a gUlll'llDJze*e that the company will receive wodt.
:"
DBE certification by the Deplrtment shall be for a period ofIhree (3) yean. On each anoiveU8IY
daw during the three (3) year certifiClttion period an Affidavit of Continuing Eligibility must be
submitted. rf at lmy time there is a change in thc ownCl'Sbip and control of the company. a new UCP
AppliQlltiOll is to be foIWll'ded without del..y to tne Department. For recertification at the end oflbe
thRe (3) year p.eriod a new UCP 'Application must be submitted to the Deparlinent nim:ty (90) da~
prior to expiration of your current certification.
'(:f
. YOIII' flI1ll can participute in FOOT contracts for DBE c.redit in the following specinlt:' codes 520-
COlICI'ete Gutter, Curb Elernenu, '" Traffic Separaton, 521-Concrete Bamer Wall, S22-Concrele
Sidewalk.
Questions con~ine: the ~rtifjcation procCS$lJIay be din:cted to this uffice at (850) 41~747.
():t~~~
a~man
Certification Manager
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CERTIFICATION EXPIRATION DATE:
. April2,1007
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Florida Department of Transportation
J81 lUSH
GOVERNOR
60S Suwannee Street
Tallahassee, FL 32399-0450
June 22, 2005
lost UUl
SRanAlt'I
Bon's Barricades, Inc.
Ms. Tam.Ann OSOU!1S, President
5181 NW l()81h Ave.
Sunrise, FL 33351
RE: DISADVANTAGED BUSINESS ENTERPRISE CERTIFICATION
Oear Ms. Osouna:
~,
The Department Is pleased to announca that your company has been certified a8 a Olsadvanl8gsd
Business Enlerprise (OBE) which Is subject to continued e1iglblfity and also subject to actions of
any other gOVll'llmental agencias which may afflclllla mInority status of your firm. This agency',
certlflcaUon enablllS Ih9 company to competr:l for Department work as a minority owned and
operated company, II is not a guaranlus that th/i! lXlITlpany 'NIl recelvll wOl1\.
DBE c.ertlRcatlon by tIllJ Department shall blI for 8 period of three (3) yern. On each anniversary
date during the three (3) ye.. cerIIflcaIlon pariod an AlflllllVil of Continuirlg Eligibility must be
submitted. If lit any llme !hero Is -Il change In Iw. ownership lor rscertlllcatton fjtll18 and of tho
three (3) year pertod a new UCP Applloallon must be sullmllled. to lIle OepIUfment ninety (90)
dl!Jyll prior b explratlon of your cummt C8I1ifIcallon.
Your ftrm can participate In FOOT conlracls ror DBE oredlt In the following specially codss-l02-
Maintenance of TraftJc, 706-ReI1ecI!ve Pavement Marm, 71ll-Palntlng of Trafflc Stripes.
1:iij/J;
h... John Goodeman
I . - Certification Manger
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CERTIFICATION EXPlRAnON DATE:
Jun. 22, 2008
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Section F - Required Forms and
Addendum
Professional Licenses and Corporate
Certificates A&P Consulting
Transportation Engineers / Design
Team
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I certify from the records of this office that A & P CONSULTING
TRANSPORTATION ENGINEERS CORP. is a corporation organized under the
laws of the State of Florida, filed on January 17, 1995.
The document number of this corporation is P95000003950.
I further certify that said corporation has paid all fees due this office through
December 31, 2006, that its most recent annual report/uniform business report
was filed on January 5, 2006, and its status is active.
I furt.her certify that said corporation has not filed Articles of Dissolution.
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Given under my hand and the
Great Seal of the State of Florida
at Tallahassee, the Capitol, this the
Fifth day of January, 2006
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Florida Depm-tment - of Transportation
.H:U IllslI
CO\ F1P"IHl
605 SuwClnnee Street
Tallo;,o".", FL 32399,0450
I)I:\ \ LR J. STtTl.t:R. JR.
....f:CRF.T.-\R).
July 27,2006
Antonio G. Acosta, President
A & P CONSULTING TRANSPORTATION ENGINEERS
10305 NW 41" Street. Suite 115
Miami, Florida 33178
Dear Mr Acosta:
The Florida Department of Transportation has reviewed your application for qualification
package and determined thaI the data submitted is adequate to qualify your firm for the following
types of work:
Group :" - Highway Design - Roadway
3.1 - Minor Highway Design
32 - Major Highway Design
:U - Complex Highway Design
Group 6 - Traffic Engineering and Operations Studies
61 - Traffic Engineering Studies
Group 7 - Traffic Operations Design
7,1 ' Signing, Pavement Marking and Channelization
7,2 - Lighting
7,3 - Signalization
Group 10 . Construction Engineering Inspection
10.1 - Roadway Construction Engineering Inspection
10.2 - Major Bridge Construction Engineering Inspection
10,3 ' Construction Materials Inspection
Group 13 ' Planning
13,7 . Transportation Statistics
W'Nw,clot,state,fl us
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Page 2
Your Unlimited Notice of Qualification shall be valid until June 30. 2007 at such time as your
December 31. 2006 overhead audit will be due to comply with the Department's requirement on
overhead audits, We will automatically notify your firm 45 to 60 days prior to your update deadline.
On the basis of data submitted the Department has approved your accounting system and
considers the rates listed below as acceptable rates for qualification purposes.
Overhead Rate
Home/Branch
Office
16213%
Field
Office
118.86%
Facilities
Capital Cost
of Monev
0.131%
Overtime
Premium
Reimbursed
Direct Expense
6.53%(Home)
16.09%(Field)
Should you have any questions, please feel free to contact me at 850/414-4485.
Sincerely.
{<())!.')L(H./'{'LQ E ,Dc\o,,,,,
Lorraine E. Odom
Professional Services
Qualification Administrator
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Business Development
; II "',\V 1<.1 Slrcer. 19th Floor
Mr,1nli riqrid.lllL!6~1{JO(1
I H)'; \-C; 3111 r 'H)')-37S-3160
miamidade.gov
June 12. 2006
CERT. NO:
APPROVAL DATE(s):
EXPIRATION DATE:
14
05117/2006 - CBE
04/30/2007
Antonio Acosta
A& PCONSULTING
TRANSPORTATION ENGINEERS
CORP.
10305 NW41 St. Suite 115
Miarri, FL 33178
Dear Mr. Acosta:
The Department of Business De""opment has c""lieted its re~ew of ~r application and
atlachments subrTitled for certification as a small and/or disadvantaged business enterprise,
This department hereby appro"'s ~ firm as a Comnunity Business Enterprise ICBE) in
Miami-Dade County in the categories listed below.
Your firm >\ill be included in our registry of certified businesses and this certification is valid for
tv.el", (12) months, e~ring as noted abo\e. This certificallon may require additional rOloiew at
the ti me of bid or ..nen ~r company is being considered by a prime contractor to meet a goat.
Il affords ~r company the opportunity to participate as a small business in the competiti",
process for contracts. Please note thai the trade categories listed below are the only areas thai
~ur company is eligible to bid or participate in contracts under ~r currenl certification.
If any changes occur >\ithin ~ur corT'jl8l1y during the certification period (such as ov.nership,
address. telephone nurrber, trade category, licensing. lechnical certif.cation, bonding capacity,
or if 1I1e business ceases to ellist) ~ must notify this office in I'd'iting imrredialely. It Is
imperat'''' that"", maintain current inFormation on ~ corT'jl8l1y at all tirres. All inquiries or
changes related to this certification should be directed to the Certification Unit belV\een the
hours of 8:00 a.m, and 5:00 p.m. Monday throug h Friday. This department v.;1I forward to ~
an application for re-certification (a rruch shorter process) v.;thin four (4) weeks of the abOIe
el<piration date. Please be acMsed that ~r firm may be prohibiled From 'MYl<ing on contracts
obtained through this certification if \OU Fail to re-certify or if the firm loses its certification for
any reason.
We look forward 10 \OUr participation in Miami-Dade CountYs small and/or disadvantaged
business prog rams.
Sincerely.
" ,/,) i
'J'~ (1\\,
./' . 'f.~'.., '
'iM;#~~)0;le:;:'lji!j,'O'
\._-- ( I
Marsha E. JaclrnaM
Director.DBD
CATEGORIES: (YOL.< firm may bid or participate on contracts o,.;yunder these categories)
Highway S~lelTl5-Sile DewlopiParhing lot Design (CSE)
HighwaySystems-HighwayDesign (CeE)
High~yS}lSterr'$- Traffic Engineering Studies (CeE)
OtiOROO20
June 12,2006
CERT. NO:
APPROVAL DATE(s):
EXPIRATION DATE:
14
05117/2006 - CBE
04/30/2007
Antonio Acosta
A & P CONSULTING
TRANSPORTATION ENGINEERS
CORP.
10305 NW 41 SI. Suite 115
Miami, FL 33178
CATEGORIES: (Your firm may bid or participate on contracts only under these categories)
HighwayS}6tems- Traffic Coonls (CBE)
Hig hway Systems-Traffic Calnlng (CSE)
W& 5 Se\>oef S~.Waler Oist& SanilarySev.age Coil (CaE)
w & S Sev.er S)6-MaJor Waler & Se\wr Pur'r1Jing Facili (CaE)
Erwirom'lElnlal Eng-Stormwaler Oralnage Design Serv(CBE)
General Electrical Engineering (CSE)
General Chil Engineering (CBE)
Engineering Ccmtruction Management (CaE)
Hig'-S)51ems-Tralfic SIgnal TiOTing (CSE)
HighwayS)5IemS-Slgnlng. Pawmonl Mar~ng, Cha,,.,.; ICSE)
Higrn..ySy.;IemS.L1ghling (CSE)
Hia hwayS)SlefT'lS.Signallzation (CeE)
Ada Title Ii Consultant (CaE;
OElORoo:.>CJ
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Business DevelopmenI
I 11 NW I sr Street. 19rh Floor
''-'li.1mi, Plnrida 33128-1906
r 10,.170-.1111 F 305,375-3160
miamidade_gov
June 9. 2006
Antonio G. Acosla, Prcsident
l\ & P Consulting Tnmsport3tion Engineers, Inc.
10305 NW 41st Street. Suite 115
Doral. 1'1. 33178
Re:
AlE Pre-Qualilication ('ertincale No. 2006-6511770583-05
Dear ('onsultant:
Upon rcview of thc mfomlUtion submilted io SUPPOrl of your application for
Miami-Dade Cuunty's AlE Pre-Qualincalion ('crlineation, wc hereby approve
your firm's qualilieations 10 providc protessl<mal services 10 the County as
stated in the allachcd AlE Pre-Qualilication Cenltieatc. This c<'ltincale should
he displayed in a conspicuous location within your tal'ility and will be in effect
until the expiration date shown on thc certilieatc.
If al any lime. your linn applics and is subsequently cenitied undcr anyone of
the Department of Business Dcvelopmcnt's husiness cnterprise prob'l'ams, a
revised AlE Pre-Qualification Ceniticate will bc is>ued and your lirm will be
affordcd the opportunity 10 participate in the competitive process for County
eonlraets in accordance with provisions of the approprialc business enterprise
program.
Please note that you are required to report any signilicant changes to your fiml
during thc AlE Pre-Qualilication Cenilication period, such as changes in
stalling, qualifier, ownership, etc" to the Prc-Qualilication ('ertilication
Coordinator localed at Stephen P. Clark Center III N.W. I" Street. 19'" Floor,
Miami. Flerida 33128-1835, within thirly (30) days from such a change.
Similarly, upon review of such notitication. a revised AlE Pre-Qualification
Certificate will be issued,
If you have any qucstions rcgarding your linn's tVE Prc-Qualification
Certification, please contact the Pre-QualitlcalIon Cenification Management
Unit al(305) 375 -1018.
Sincerely. f.i
;1." 11, .1}.,)i , ,
" ,/tv,;l'~/Fil;,q;il"~;"/
MarshaT:1ackmV Dircctor
Department or Business Developmcnl
MEJ/AA V:
Attachments
cc: PQC FIle
'.Q ('crlifkatt' :\n,:
,\pprU\ al nilh.':
E\piralillll IhH':
Busincss Entuprisc:
2nllb~6:,n7711=,XJ-115
-!/IIJ..200{,
6:.10/2007
FUIIIJ't'l.'it'
Pilgl':
Thi... m1i/i<',/lr i.I' hen'b) i...."',,-! 10:
Antonio G.Acosta, President
A & P Consulting Transportation Engineers, Inc.
10305 NW 41 st Street. Suite 115
Doral, FL 33178
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1L'1'11Ii11l11t! on its t'xpinlliQII datI!,
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ur ,firm hns U'il!fitll)' cmd liJJml'i/Jg(~' /wm'irlt'{( it",o,.re,'t iI!{imlltllinll Of' made false sta/emelll.'i, DBD lIIay I'(:/'C.',. tl1(: mnUt'" to thi' !JIll/I!
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MIAMI.....
BiD " "
I'JIIANll
i-
~
"iiii1III
Miami-Dade COllnty, Florida
Statement of Engineering, Architecture,
Landscape Architecture, Land Surveying
and Mapping Certification
~,','
~
Finn: A", P CONSUL IINU TllANSPORTA nON EN(;INI+RS CORP,
10305 N.W...JI Str\!i!1. Suile 115
Doral FL .1317X
Category
Committee
Review
Approval
Expires
1. 01 - Urban Area on(l Hegl (JIlEl 1 Transportation 04/]9/::'006 / 06130/2007
?1 r:\!Hi; ng
1------
3,01 - Sit.:! DI:V':;! lopl11et~ t and parkir:Q L.:)t Design 04/19/2006 , / 06130/2007
,L02 , l-lighw;.:,'::/ D.:sign U.;)./19/2006 / ,- 06/30/;~OO-'
--
3.0~ - 'Traffic Engi neer'ing Studies 04/19/2006 1 ! 06/3012007
-----~~_.._----_..._-
:3 . :,15 - 'IT';-lffi.c Counts 04:19/2006 / I 06/30/2007
I
I ..--.......-.....- .- "-
1.06 Traffic Calming 04/19/2006 / I 06130/2007
3.07 - Traffic Signal Timing 04/19/2006 1 I 06/3012007
3.09 - Sjgninq, PClvemen t Narki n~), and Channelization 04;19/2006 1 / 06/30/2007
3,10 - Lit;jhting 04/1,9/2006 I I 06130/2007
-
] ,11 - Signalizacion Of~/19/2006 I I 06/30/2007
6.01 - ':later Dj st I, SAn; t"nry SP~'Jnrrf' C'n1'lec. f, 04/19'~OOfi / , 06/JO.-'~OO7
'Trar.smi5sLon
6.02 " N<l.jol" 'it.iClter & Sani tA r'}-' Se'Jj,;;qi~ ~JlJnping I O:~; 19;/.1)(lf) I ! ! O(,/jl)/20rl
]-";1(:; 1 i r i e~
"~'C _li'~ J'(" ") " ,~, ,,: "
/.' . ..... '-......
Luisa Millan-Donovan. R.A..
Chief of Profe5sional Service Division
Certification Committee
i'lllAfIlIl-~
--iiiiIII
Miami-Vade County, Florida
Statement of Engineering, Architecture,
Landscape Architecture, Land Surveying
and Mapping Certification
@
l'il'll1: i\ & I' CONSUI.T1t-iG TR,\NSPORTi\TION ENGINEERS CORI',
10.105 N.\V. ~I Slr~I.'t. Sllil~ liS
[)or:III'L .1.1I7X
Category
committee
Review
Approval
Expires
, ,
---
10.01. - Stonm.}ater Drainage Design Enginee.ring 0'1/19 '2006 06/30/2007
Sel"vict?s
13.00 G.:n..e:::al Ei2ct.!::ical ~ngin~er i n9 04/19/2006 , 06/30/2007
---
16.00 - Gr::l(->"(al CiviL E!lqincer i r,g 04/19/2006 I 0613012007
-,---- - - - --
17,00 En';;j'inee'( ing Cor:.s t; r ll('; t i on Nanilt;1er.',cnt 04/19:2006 I I 0613012007
[ " :" -- .,,"";:We .-. -- -- --
II CClnsu1 tant OV1912006 / / 06130/2007
--
"..........
( ,
.~:~/{.~ 1;., 11;./ ,---)-,;"", '-;
/" _ ...;.or;.. I ,- ... , (.~ -J.
Luisa Millan-Donovan, R.A.,
Chief of Professional Service Division
Certification Committee
A~
J~O~[][]tlS
Credentials
State of Florida, Department of Business & Professional
Regulation,
Board of Professional Engineers
LIcense No.7797
Antonio G. Acosta
Professional Engineering LIcense
LIcense No.40845
Carlos M. GII-Mera
Professional Engineering License
LIcense No.43953
Elthel Sierra
Profess'ona' Engineering License
LIcense No.5540 1
~ate ~r~loriba
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111('m'~ nf !'li?\~PS~~~ tngl1trl'r5
A & P conSUI~~~!~o~ngineerS Corp.
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AUOITNO.: 0'01. ;)L~~'l
CERTIFICATE OF AUTHORIZATION NUMBER: 7797
EXPIRATION: 2S-FEB.07
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AUDIT NO.: 0507. liij.1D':'S
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AUDIT NO.: ~~07_ S: -; 032
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Arnello Alfonso
Professional Engineering L1cens.
L1cen.. No,52566
Aleunder S. 1(1
Professlonall!nglneerlng L1censll
License No.!iB820
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P,E. Number. 58820
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Felix A. Blenco
Professional Engineering Ucense
License No.273M
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AUDIT NO.: O!>OI. 003:18,',
DISP1.AYASAEClUlAEU8YLJ.W
Lazaro Ferrero
Professional Engineering Ucense
Ueens. No.58025
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AUDIT NO.: O!>U," :'; ,::5':' ~
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Sergio Gomez
Professional Engineering License
License No.S0719
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Expiration: 28-Feb-07
AUDIT NO.: 0501_ (J17>;8,3
P_E. Number. 60719
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Jose M. Ibarra
Professional Engineering License
License No,22 180
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AUDIT NO.: 0507. 006120
DISPLAV AS REOUlA.!:;)SV LAW
Eduardo L. Martinez
Professional Engineering License
License No.52023
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Expiration: 28-FEB-07 P.E. Number: 52023
AUOIT NO.: 11501 OU5373
DISPU.V AS REQUIRED 8V LAIV
Alex F. Guon
Professional Engineering License
License No.53247
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Professional Englnearlng License
License No.32025
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1"41"-5
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EHGINffllS COIlP
103115 NW tol SJ
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Miami-Dade County Corporate Occupational License
License No.406532-2
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Mlaml.Dadi Calmly Corporate Occllpatlonal L1canso
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Carlos M. GIi.Mera
Mlaml.Dade County Corporate Occupatlonll! License
license No.473628.7
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.Ithel Sierra
Miami-Dade County Corporate Occupational License
license No.471754-3
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Alexander S. YI
Mllml.Dlde County Corporlte Dccupatlonal License
Ucense No.581975.1
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Amelio Alfonso
Mlaml-Dlde County Corporate Occupational License
Ucense Na.48.3138.5
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11311 l1li 41 ST 115
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'.Haro Ferrero
Allml.Dade County Corporate Occupational LIcense
License No.510194.4
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Sergio Gomez
Mlaml.Dade County Corporate Occupational License
License No,564547-9
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JOle M.lbarra
MiamI-Dade County Corporate Gccupatlonal License
',Icense No.548876-2
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Eduardo L. Martinez
Miami-Dade County Corporate OccupaUonal License
License No.579850-0
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lell F. Guon
MIami-Dade County Corporate Occupational License
Ucense No.579853-4
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Nelson V. Perez
Miami-Dade County Corporate Occupational License
License No,590002-3
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City of Doral Corporate Occupetlonal License
License No. 2005.3424
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Felix A. Blanco
City of Doral Corporate OccupatIonal License
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Arnello Altonso
City of Doral Corporato Occupational LIcense
LIcense No. 2005.3425
Lazaro Ferroro
City of Doral Corporate Occupatlonal LIcense
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City of Doral Corporate Occupational License
License No. 2005.3422
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City of Doral Corporate Occupational License
License No, 2005.3421
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APPJ'o,'nl Dat~:
Expiration f)'llC:
B,ISilt<'ss Enterprise:
200.5-650~ J 0(,3 7-03
lliHii2005
lli30!200(;
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Miami-Dade Co.
Thi,," (i!rt!/i,~ltc ;,f heret!)' imtfd .to:
William Rosenberg. President
Rosenberg Design Group. Inc.
5 190 NW I 67th Street, Suite II I
Miami,FL 33014
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n.l of Business Dc\'cIopmeni
MIAMI.;;)
Miami-Dade COUllty, Elm'hla
Statement of Engineering, Architecture,
Landscape Architecture, LUIUI Surveying
and Jl,f"pping Certification
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Firm: ROSF.NllFRG nFSIGN CjROUP. INC.
5190N.W.167IhSITWI III
t...li,uni n 33014
Category
[ 2':0, ':',~_ ~_L~"j$""P~ .".~'_L_~cL,l!e
Committee
Review
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L~i$a ~illan-Dono7an, R.A.,
ChiQ~ of Profession~l Service Oivi~ion
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,CRY OF M'lAMI GARDENS
.2OO.50CCUPATtONAl UCI!NSi 21008
EXPIRESSfJt1alllE. 30.:NlD6
MlMT BE DI!IPLA'ftlO/LT p~ OF BuSINESS
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ROOEJ~GAfWNERDESIGN
~190N\'V 1i1l7 5T SUITE 1~1
MIAMIOMDENS FL 33flT4
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I certify from the records of this office that GEOSOL, INC. is a corporation
organized under the laws of the State of ROOda, !fled on April 7, 2000,
The document number of Ihis corporation is POOOOO035530.
I further certify that said corporation has paid all fees due this office through
December 31, 2006, that ils most recent annual report/uniform business report
was !fled on January 12, 2006, and its status is active,
I fUlther c'Htily that said corporation has not filed Articles of Dissolulion.
Given under my hand and the
Great Seal 01 the State of Florida
at Tallahassee, the Capitol, this the
Twelftll day of January. 2006
CR2EQ:.I2 f01.0E')
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Department of Businl2ss Developme
111 NW 1st Street ~ 19th Fie
Miami, Florid2 33128.19
TJ05-375-3111 F305-37S.)1
miamidade.@
Augusl 23, 2005
CERT. NO:
APPROVAL llATE(s):
EXPIRATION DATE:
1040
1/Y0112005 - CBE
09l3Ol2OO6
Oracio Rfccabono
GEOSOL. INC,
5795-ANw151&tSt,
MIami 1.aIoIs, FL 33014-0000
Dsar Mr. Riccabono:
The D_1mInl r:J Business OMlopmenl has cCllT4ll_ Its /'a\lew r:J y.lUI' application and
8ItIlch1wlt8 submitted far certlftcatlon as . small Mdlor dlsad\w\laged business enterprise.
This doporlmont hereby __ _ ftrm as a COlT1ll1l.rily Business Enterprise (CSE) In
MIami-Dads Countyln Iho cetegarl..1181ad below.
Vas firm wfll be Inchdld In our regl*yofcerUftad businesses and this cerul'iC81ICX1ls \Slid for
lwei", (12) monlh., "",rl~ IS'- -... ThIs certification moyrequlre BddItional r<Nowa!
Iho tilll8r:Jbld or__ CClIqB1yI. bIi~ consklorad by. prImoconlreciDt' Iomoel. goal,
It _ _ C<lI11*V Iho cpporturib'1o I*Ilclpate as a .m.1I busl,.,... In Ihs c:<Jl1'!'SIltI",
procsoa fa' conIracIs, Pi.... noI8lhst Iho lrads cetegorl..llstad bsIow".1he llI1Iy.....1t1s1
100' ~I. allglbl.lo bid or portidpals In conIracl8 urder )<lIlr current c..UftcsIJOIl.
If ~chsng.. oc:c:ur "!hin _ _ durl~ !he certific.Uon parillO (.uch.. "....I'l.orshlp,
address, ,",ophonel1llllber, lrlldecslllgar)\ licensing, lrlchnIcal cOl1lftClltion. bancI~ C.plIclly,
or II Ihe buslnsss _ Io....Q )OIl ITIJSl noliI\' IhIlI cIII"" In ...Iling ImrosdIlIlety, Ill.
If1llI'IIJ...1hat lOW msInlll1n CU'r8I1tlnformollon en YJ<I' COI'1J01lY II all timos. A1llrqulrl.. or
cheng.. rsl_ 10 IhIo _en IhouId bo clrscllxt 10 !he CeraUc:otlon Unt _n the
hcur. r:J8:00a.m. ord 5:00pm. Mcndeylll'oll9h Frldoy. ThI. .....b,_~ ....t11 fem.l'd lD)OIl
on sppIlc:otIen for re-cortInCllen (. nu:h ._ pr<>*O) "11h1n Iilur (4) .... r:J Ih. &llo\9
Ol\lIralIen _ PI_ bo .....ad Ihst _ firm moy be prc/ibltad tam _~ng on conIrac1a
_nod tlV'cugh IhIo corti_en 1')OIl 111110 ....c:er1Ifyer lithe nrm IDS" Its cerUftcallen for
anyrHSOn.
We leek _d 10 _ portidpollon In MI....O.do Count)'s smail aneller clsod'lllntagad
busl..-. progrwns.
Marsha E. J_
Dlrector,DBD
CATEGORIES: (Your nrm moybld or per1Idpate on conIracls oI1irundor thas.c.tagerl..)
Drnlng sw.._lrMIslIgtllonl & StIllT1CQrlp!'llc(CBE)
GtotKhnIc8J &M.... E'ngin.-ing ~ leSE)
D!O~
~':' ~~;.. STATE or Fl..OlUDA
:~~;':::=J~' BOARD OF PROFESSIONAL ENCINEERS
\.~~.' 2501 CalMa)' Rd. Suitll200
"__;,~"" T.hastft.Fl32303.5268
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Geosol Inc.
5795-A NW 151ST STREET
MIAMI LAKES, FL 33014
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DETACH HERE
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AUDIT NO.: 0.0" 001641 CERTIFICA IE OF AUTHORIZATION NUMBER: 8530
EXPIRATION: 28-FEB-07
DISPLAY AS HEQUIRED BY LAW
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Expiration: 28-Feb-07
AUDIT NO.: 0007. 019905
DISPLAY AS REQUIRED BY LAW
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Business Developn1em
111 NWlstStnlet-19thFloor
Miami, Florid.. 33128-1906
T30S-375-3111 F305-17i-3160
miamiNde.ICW
Iun. 9, 2006
Oracia RiccoboDo, President
Geosol, Inc.
579S-A NW 151st SIte.t
Miami Lakes, FL 33014
R.: AlE Pr.-Qualification Certificate No. 2006-650997886-06
Dear Consultant:
Upon review of the information submitted in support of your application for
Miami-Dade County's AlE Pre-Qualification Certification. we hereby approve
your firm'a qua1ifications to provide professiODa! llCl'Viccs to the County as
stated in the attached AlE Prc-Qualification Certificate. This certificate shOuld
be displayed in a conspicuous location within your facility and will be in effect
until the expiration date shown on the certificate.
If at any time. your firm applies and is subsequently certified under anyone of
tho Department of Busi....s Devclopment's bu:.incss enleIprise progmns, a
revised AlE Prc-Qualification Certificote will be issued and your firm will be
afforded the opportunity to participate in the compc:titive proccs. for County
contrlca in accordance with provisioos of the appropriate business enterprise
prograII'.
Plea."H: note that you are required to report any significaut changes to your firm
during the AlE Prc-QualifiCl1tion Certification period, such as changcs in
staffiDg, qualifier, owncrabip, etc., to the Prc-Qualification Certification
Coordinator located at Stephen P. ClulcCcnter III N,W. \" Street, 19* Floor.
Miami. Florida 33128-1135, withir. thirty (30) days from ...rob a chanJe,
Similarly, upon review of such notification, a revised AlE Prc-Qualification
Certificate will be issued.
If you have any questions regarding your firm's AlE Prc-Qua1ificatioD
Ccrtificatioo" please contact the Pre-Ql'a1ification Certification Management
Unita, (305) 375 -1018,
MEIIA.AV:
Attachments
PQ C...tillcale No.'
Approval Date:
Explradon Date:
Buli:a.. Eaterprise:
1006-650997886-06
5/14/1006
5/3111007
Futrl1yUse
Page:
1
Oracio Riccobono. President
Geosol,lnc.
5795-A NW 151 st Street
Miami Lakes, FL 33014
8)1 LrslIt:mce Oflhis ~rlifi~le. the applicant. nCflMd Qbo~ h:u COf/unUmJ ll6fiml to colllply wilJr lhe specifu:. conditions listed be/oil','
l. -1ffirors irs oommitmet to ,he submittal of an qffirmalive action plan (Plt:n) Jar Ih. purpose ofmaJPI.,alning eqlltll tnJpJOJ'III~nt llnd
promotiolllJI DJ'pt1mfn;ty, willi part/culllr empJrfUU 011 improvilllllre mi"ority and/or It'omltn worifora populo/ion tutd uliliratlon
of minority and/or WOII"n-4WncJ proju.sirmal flmu. COlUuJurnl.J. ."dIo,. s1Jppllu.r. Sp<<ial r.,,:etlntp will be condJlCktl wilh
executive manag<<flt"t IJlld nqMrvUory p<<r.J01lnel ID explain the lllle1l' oJ lite Plan aM ilIdMdu.al responsibility fi'" fIIeclive
Inrp/ementGlion /lnd making elMr th, firm '.s ctlml"ltmen~ to the Pion. Addftlonally. ,h. Plan will bt di.rcIISSM at ~nploy<<
orial'llaROnf aNi 'ndtting progrmns. Tlte Plan will be t1lGilllbk for rt:viel1' dllrln& normal bu.sintW hours bJ' contacting 1M
AffinllCJtfw Actio" OjJiccr. Omdo RiccobollO is tll. appoi1l1.d AjJ'uuJlJlille dctlon OjJlcer nnd moy bt1 l'efZC'hM at (305) 818.4367.
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Pre-Qualified to offer profeuional urvicu only in Ihe Mllllfli.Dat{tt COfll:IY kr.hrlleal f:trtqories sh(1wlI i" lhn alcClchr.d "Sla/t!llIenl
oJTr.chnlar/ QualViCtltiou. .. All Id1fical aU~ IVtrlctlOlU mu.rt be stri.ctly a..111ttrttd to.
Pr~gllaljfict1rioti CutV'icaliolf (PQC) CDlt8DlidGtu tl~ t.cJlIllcai cel1t/i~ati(m. tllftmuui'R (fcfion pln~ and bll$ines.t fUllit),
reg,'SlNUion. brIo Ol'll! JfT'CDmllMd cwlt/icalicm pf'tJCAS f'ChlllUtg in the i.fsU/D'lCe of tJ Pm.Qrcatifietrtirm CerilfU':tJI..
R~po/'l Otl,,1' sipijicalft I.."hanga, &tlcll az slqffing. qualifier, oWlIersllIp.film tt1drltJls. ~tc.. ltl DlJD's f'QC Unit located tIl J J I N. w: I-
Senti, l.ry) Floor, Mi"lIli, Florido. J3128, within 30 dD)U oj sw:h" cha1lg.t. Fallnre /3 rrport snitl r:hGllgl9 lQ DED may ruu/J in tM
jl/lllledi(J,:t' ~uspe,ukrn or terlllination ofJfJur Jinn '.r PQC urttftCDllolt.
Foi/w"e leI /Vh!ll\' )'Ow'jim '.r PQC tit lensl thirty (30.' day.f prior ltJ J'OIlr firm:S ~Ilr<<nt uplmtion cate may res"lt iq the .su.r.F'~".fion
anJ/o,.tlfl'minr.li,mjrCJIYI COUllI}' prQl"dtrlS QIld ajl.,.~nl c'r futun co"trtlt:.L~ r~tll yo"..finn S Pn!-Ql1aliJkatior. Cert!lt:alfcmltu.J been
Pl';}r,erly n:lle'Nrd. ,(/1)' lap.ra in th~ cutiflcaticn of any of the l\!lJuirwl flQC areat (lw.ridUl rqfsEr.~"io", alfurIlathte aerien plar:, or
te.:Jmir:nJ Clfrjficatio."I) will ru"it in a Japu ill your PQC. Finmr arw rupoll$ibl~for OW-r'VLllf a"d ,,-dh~rjJli' to Ill.' sIIbmwwlI
cfdDdiltlu.
Aq' ",n.~K';JI applictltfom Gild/or .wpportingdot:llmantuubmUtft! qfter tile tlppllCtltiCln deadline! mighflfclllY rlK reliaM' o/your
flnn's PQC certificatiCltl to ~Iv nut~ltJble Teeluticai Cirtl/iCfltiOtl ComndnM mutint. 'J'hl! PQC appU=ution, submiulon
dtUUlit.nu. ond tit<< T~htllc.al Q~tlon Contmit~ mulirrg CtJi~nd(lrcan befound 011 1M !JqJartmenl ofBusin':SJ Invelopmem '$
webnrcloCfJt1Ulatll'u'U'miamidtJil"fnnvtlhd. . .
7. P~nllii Mirmu-DaJ, ComIty n!preienlatiJ11/!3 to haw ocass during IICTmal bli.t/llt$$ IlOUrs to audit bo?1a _ Qlld rfICGrd.r to wrlJY
flljormatiDll .flllm1t.ttlld'Hitlll/IJ.I QJJP1it;otiOFL - - 'I1J1s rig/rr of (lccas .r1r"U commence 011 the appmvcl dflle of thu-ceri~"i'!alfl And sllaO
Iermj1Ult.01I{ts~ryzUo~d(ltL . . .' - . ,
Plf!IUt: fiot.fI ihll! if at.~Y ~&n~ Jijamj-IJ~C; Cou"ty~~ P.~an1 :ofRll3i~ lH\'I!lopmtlr/ (DED) ~f ~n:~,'~ljn".e th"l~~ perSo,! .
(Jr Jiml 11M ~llM'JI ~~ J:notl1ni!Y p~~_dd Inco~f'if:';,nation Qr nt~fl1fM. sla1~u:nIs, .P8D may -r.efer: t1~. ~lJtu!f_ to tlit! 'SlaW.
Al'o/';'q} .Q/1iCc aiulltir"o'tJi.r ~\Wtlkriti~ .~i8i., Wl1l1te, tUbamtoiprot:edUl'&" and/or pumsua,j~;i'ons or otiledqal rfimMiu 'fir ','
~lnta~c,.\!';;.R~:~~pqliL;y,~~rlJpP/;'#b~.f!!t.NJ~.~,;.amfIO~llml.~ . ... '., .~. . .
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MIA"'~
Miami-Dade County, Florida
Statement of Engineering, Architecture,
Landscape Architecture, Land Surveying
and Mapping Certification
@
Film: GEOSOL, iNC.
S795-ANW ISISlStreet
Miami Lakes FL 330 14
ClI.t;.floqr
l:.OlODrilling,SubsurfAce Investigations'
Seismographic Serv
19.02 - Oeptechnical and Materials Engineerina
Services
- --------
c01llBitt..
....-1_
OS/2412006
Approval bpi:-..
/ I 05/3112007
OS/24/2006
I I
05/31/2001
.. -------- ~--
~~ Ivf..M/t..CI"tf...-'l'---'
""Lui.a Ilillan-DoZloTaJl, Il.A.,
~
Florida Department of Transportation
J.I.. lUSH
GOVERNO~
605 Suwannee Street
TollahoS5H. FL 32399-0450
Dt."NVIR J. STUTLER. JR.
SECRETARY'
June 14, 2006
Oracio Riccobono, P.E., President
GEOSOL, INC
5795-A NW 151" Street
Miami Lakes, Florida 33014
Oa&lJ Mr. Riccobono:
The Florida Department of Transport.ation has reviewed your application for qualification package; and determined
tl1~t the data submitted is adequate to qualify your firm for the following lypas of work;
Gruup 0 - Soil Exploration, Material Testing and Foundations
9.1 - Soil Exploration
9.2 - Geotechnical Classification Laboratory Testing
9..4 ~ Foundation Studies
9.4.1 - StandElrd Foundation Studies
Yc,lur J.IDltmitltj Notice of QwaJtfication shall be valid untu J.!mL~Q...1907 at such time as your ~2006
ol/erhpad c,udirwill be C:ue to comply with tht' Department's 150 day requirement on oVE.'rhead audits. We will
aUlom<lU(',aily notify yr.\Lll' llrm 45 to 60 clays prior to your updale deadline
On the baEiis of data submitted tho Department has appro'/~ your accounting system and considers the rates
listed bel'w.. as acc;F.,!pt.able rates for qualifICation purposes,
Facilities
Capital Cost
..2LMll!lA'L
1,383%
',-lome/Branch
...Q~.
211.17%
Overtime
~
Reimbursed
Direct EX09ns~
0.55%
Cverheoo RGito
Should you have any questfons. please feel tree to contact me at 850/414-4485.
Sincerely,
*CfL~ 2, Cbllhn
Lorraine E, Odom
Professional Selvlces
Qualification Administrator
Ll::O/srnr
www.dot.state.fl.uS
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--
DEPARTMENT 01" BUSINESS AND PROFESSIONAL RE\WLATION
BOARD OF PROF SURVEYORS & MAPPERS
1940 NORTH MONROE STREET
TALLAHASSEE FI. 32399-0783
(850) 487-1395
P3SM !oLC
3900 NW 79 AVE.
STE. 322
MIAMI
FL 33166
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_" STATEOFFLORIDA AC#1817iJlI,3
DBPARTIIBHT 01' BtrSlNESS AND
"<<(l?" PROnSSIONAL RBGtJLATION
1.B7335
01/07/05 040561525
St1RVEYIIJl'Q " HAPPING BtrSIHBSS
P3SJI LLC
IS CDTXlPICD wad.. tb proridu. of c:b.4'12 "8.
",irui_ da~.. I'D 28. 2007 L05D1D7DJ.l70
DETACH HERE
AC':l. n :1, '? '? i~ r'
STATE OF FLORIDA
DEPARTMENT OF BUSINBSS AND PROFBSSIONAL REGULATION '
BOARD OF PROF SURVEYORS & MAPPERS SEQ#L05010701170
~I.ICBNSB NBR
01/07/2005 1040561525 II.B7335
The SURVBYING & MAPPING BUSINESS
Named below' IS CBRTIFIBD
Under the provi.ion. of Chapter 472 FS.
Expiration date, FBB 28, 2007
l ... I.I.C
3900 NW 79 AVE.
STB. 322
MIAMI
FI. 33166
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STATE OF FLORID
DEPARTMENT OP BUSINESS AND PROFESSIONAL REGULATION
BOARD OP PROP SURVEYORS &: MAPPERS
1940 NORTH MONROE STREET
TALLAHASSEE PL 32399-0783
(850) 487-1395
IZQUIERDOL RAUL DE JESUS
3900 NW 7l1TH AVE STE 235
MIAMI PL 33166
.', DB~=~I' BT1SX:~~L~ ~ 65
PROFBS8XONAL RBGT1LATXON
LS60!l!l
03/02/05 040723257
SURVBYOR AND NAPPBI)
XZQT1IBRDO. RAUL DB JBSUS
IS LIClIIISIm undo. ..... p..-.L.... of Cb,472 ,n.
IDll\t1r:aUOQ dac.. 'fa .28, 2007 1005010200871.
-------
....._,........,..,
DETACH HERE
AC#: ~; '.
STATE OF FLORIDA
DEPARTMENT OP BUSINESS AND PROFESSIONAL REGULATION
BOARD OP PROF SURVEYORS &. MAPPERS SEQ#z,OS030200S73
. LICENSE NBR
03 02 2005 040723257 LS6099
The SURVEYOR AND MAPPER
Named below IS LICENSED
under the provisions of Chapter
Expiration date: PEB 28, 2007
l
472 FS.
TWQUIERDOL RAUL DE JESUS
lO NW 7l1TH AVE STE 235
_ AMI PL 33166
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DEPARTMENT OF BU'SINESS AND PROFESSIONAL REGlrLATION
BOARD OF PROF SURVEYORS & MAPPERS (850) 487-1395
1940 NORTH MONROE STREET32399 0783
TALLABAS$EE FL-
SUAREZ EDUARDO MIGUEL
3900 Nit 79TH AVE STE 235
APARTMENT 2
MIAMI FL 33166
. STAll! OF FLCIIUDA AeI 18 8 f\ q 0 I.:
DBPARTIIBH'r 01' BtJs:nnrss AND
PROl'ESSJ:ONAL RBGtJLATJ:ON
LS6313
03/02/05 040723251
SURV'BYOR AlII) KAPPER
stJARBZ, BDtJARDO MJ:CilUBL
IS LICBBSBD wadH' t.Ile prcwbJ.GGII of Cb.472 Io'r;.
Rlcpirat:lCllll dal:e. I'D 28. 2007 r.OSOJD20DJ12
_..__c".........
DETACH HERE
lei
STATE OF FLORIDA
DEPARTMENT OF BUSINlI:SS AND PROFESSIONAL REGULATION
BOARD OP PROP SURVEYORS & MAPPERS SEQ#LOS030200912
LICENSE NBR
)3 02 2005 040723251 LS6313
The SURVEYOR AND MAPPBR
Nameel below IS LICENSED
Uneler the provisions of Chapter 472 FS.
Expiration elate: PEB 28, 2007
SUAREZ, BDUARDO MIGUEL
"-'0 NW 79TH AVE STE 235
. lTMBNT 2
k_dMJ: FL 33166
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AUDIT NO.: 0507- 003276 CERTIFICATE OF AUTHORIZATION NUMBER: 3110
EXPIRATION: 28-FEB-07 .
DISPlAY AS REQUIRED BY LAW
,
Ac#1817834
:. ~
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CRA1G A 'SMI:'l'H &: ABBO
~OOO W.MCNAB RD,
POMPANO BBACH
DISPI.AY AS REQUIRED BY LAW
DXANB CARR
SBCRETARY
.~_.- ~~._....__..~-~ -~...--.-----_.-......- -' -..
00407. SCHEDULE OF PRICES BID
Consideration for Indemnification of CITY
$25.00
[ X] Cost for compliance to all Federal and State requirements
of the Trench Safety Act>
[NOTE: If the brackets are checked or marked, the Bidder must fill out the
Trench Safety Act sheet, Page 70, Section 00540.
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
56
RECErv""ED
HAZEN AND SAWYER, P.G
Miami Beadl, Floridf'
SCHEDULE OF PRICES BID
{Please provide this Bid Fonn In a Sealed Envelope)
un. J 9 200&
CITY OF MIAMI BEACH
RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS PROGRAM
NEIGHBORHOOD NO.7 - NAUTILUS
~~B No 4~o I ;;-:i:
I
Item Estimated
No. Quantltv
Description
Total
1 Lump Sum Design and Construction of the Neighborhood
(Sase Sid) No, 7 - Nautilus for the Lump Sum Price of $ 2{;;, 420, FIre
,
2 Allowance Allowance for Permit Fees, for the Price of $ 350,000.00
3 Lump Sum For consideration for indemnification for the
(Sase Sic) Lump Sum Price of $ 25,00
4 Lump Sum Removal of ET-2 Encroachments in the ROW for
(Add the Lump Sum Price of I ~7 I c)GO QfJ
Attemate) $
5 Lump Sum Design and Construction of Irrigation System in
(Add remote areas (4 locations) for the Lump Sum ~(O, DOO, QQ.
Altemate) Price of $
6 Lump Sum Public Information Component
(Add (Section 01005 of the Conceptual Specifications) Id/, 000, 00
Atternate) $
GRAND TOTAL - BASE BID PLUS ADD ALTERNATES
Written: MeJ'?1r 5~"en4//;dl1 U',I,1e /y{"r1dL/d;;1'1
rl1t10St7// d 7.wtJ r-fv11c1~cl7We".? 17 cJl1e Dollars and
A/O
Cents $ 2 ~ //0, z z/
BID NO: 36-05/06
PATE: 06123106
CITY OF MIAMI BEACH
57
THE AMERICAN INSTITUTE OF ARCHITECTS
AlA DOCUMENT A310
Bid Bond
KNOW ALL MEN BY THESE PRESENTS. that we
Ric-Man International, Inc.
2601 N,W. 46" Street, Pompano Beach, FL 33073
as Principal, hereinafter called the Principal, and
Liberty Mutual Insurance Company
80ston. Massachusetts
A Corporation duly organized under the laws of the State of .MA.as Surety, Hereinafter called the Surety, are held and
firmly bound unto
City of Miami Beach
as Obligee, hereinafter called the Obligee, in the sum of
5% of the accompanying bid
Dollars (5% ),
for the payment of which sum well and truty to be made, the said Principal and the said Surety, bind ourselves. our heirs,
executors. administrators. successors and assigns. jointly and severally, firmly by these presents.
WHEREAS. the Principal has submitted a bid for: Design/Build Services for Neighborhood No, 7 _ Nautilus Right-of-
way Infrastructure Improvement project ITS#36-05l06
NOW, THEREFORE, If the Obligee shali accepl the bid of the Principal and the Principal shall enler into a Contract with
the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or
Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt
payment of labor and material fumished in the prosecution thereof. or in the event of the failure of the Principal to enter
such Contract and give such bond or bonds, if the Principal shalt pay to the Obligee the difference not to exceed the
penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith
contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise
to remain in full force and effect.
Signecl and sealed this
15th
day of August
2006
Jv~;j~,,~
(Witness '
ati nal Inc.
, (Principal)
(Seal)
(Title)
David A. Mancini, President
~~
Libertv Mutual Insurance ComDanv
(Seai)
&~1~'
(Title)
Arlene Touzi, Attorney-in-Fact
AlA Oocument A310 -BID BOND- AlA .February 1970 ED .THE AMERICAN INSTITUTE OF ARCHiTECTS.
THIS POWER OF ATTORNEY IS NOT VALlO UNLESS IT IS PRINTED ON REO BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to
the extent herein stated.
1688823
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON,MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the 'Company"), a Massachusetts stock insurence
company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint
VICTOR A. TROUTMAN, ARLENE M. TOUZI, KAREN C. BRODE, DAVID D, FISCHER, ALL OF THE CITY OF TROY, STATE OF
MICHIGAN ..............................................,....................................................................................................................,.........
................................................................................................................................................................................................
, each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its
behalf as surety and as Its act and deed, anv and atl undertakings, bonds, recognizances and other surety ob!igations in the penal sum not exceeding
TWENTY FIVE MILLION AND 00/100.................... COLLARS ($ 25,000,000,00..... ) each, and the
execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the
Company as if they had been duly signed by the president and attested by the secretary of the Company In their own proper persons.
That this power is made and executed pursuant to and by authority of the following By-law and Authorization:
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~ I By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attomeys-in-fact:
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3... That the By.law and the Authorization set forth above are true copies thereof and are now in full force and ellect.
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;.: COMMONWEALTH OF PENNSYLVANIA ss
? e COUNTY OF MONTGOMERY
'8
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ARTICLE Xiii - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the
chairman or the presk1ent may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make,
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such
attomeys.in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their
signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be
as binding as if signed by the president and attested by the secretary.
LIBERTY MUTUAL INSURANCE COMPANY
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Pursuant 10 Article XIII, Section 5 of the By.Laws, Gamet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby
authorized to appoint such attomeys-in.fact as may be necessary to Bct in behalf of the Company to make, execute. seal, acknowledge and
deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
IN WITNESS WHEREOF, this Power of Attorney hes been subscribed by an authorized ollicer or ollicial of the Company and the corporate seal of
Liberty Mutual Insurance Company has been allixed thereto in Plymouth Meeting, Pennsylvania this 2nd day of March ,
2005
Byr ..4- 6/_ a?~
Gamet W. Elliott, Assistanl Secretary
On this.2nl!...... day of March , ~ , before me, a Notary Public, personally came Garnet W, Elliott. to me known, and acknowledged
thet he Is an Assistant Secretary of Liberty Mutual insurance Company; that he knows the seal of said corporation; and that he executed the above
i Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation.
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first above written.
BY~~
Ter'-a Pastella, Notary Public
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4..." ?\s)'L~~ ,v
CERTIFICATE ~vr411Y p$>V
I, the undersigned, Assistant ecretary of Liberty Mutual Insurance Company, do hereby certify Ihat Ihe original power of attomey 01 which the foregoing
is a full, true and correct copy, is in full ferce and effect on the date of this certificate; anell do further certify that the officer or official who executed the
said power of attorney Is an Assistant Secrstary specially authorized by the chairman or the president to appoint attomeys-in-fact as provided In Article
XIII, Section 5 of the By~aws of Liberty Mutual Insurance Company.
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980,
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a
certified copy of any power of attorney issued by the company in connection with surety bonds, shalt be valid and binding upon the company
with the same force and effect as though manually affixed.
15'(1)
~t,f~..,~N~ :rwERE~~~~ereunto subscribed my name and affixed the corporate sear of the said company, this
" ~~~~ecretary
day of
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00410, BID GUARANTY FORM
UNCONDITIONAL LETTER OF CREDIT:
Date of Issue
Issuing Bank's No.
Beneficiarv:
Aoolicant:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Amount:
in United States Funds
Expiring:
(Date)
Bid/Contract Number
We hereby authorize you to draw on
(Bank, Issuer name)
by order of and for the account
at
(branch address)
of
(contractor, applicant, customer)
up to an aggregate amount, in United States Funds, of
available by your drafts at sight, accompanied by:
1. A signed statement from the City Manager of the City of Miami Beach, or his
authorized representative, that the drawing is due to default in performance of
obligations on the part of
agreed upon by and
(contractor, applicant, customer)
between City of Miami Beach, Florida and
(contractor, applicant, customer)
pursuant to the Bid/Contract No. for
(name of project)
Drafts must be drawn and negotiated not later than
(expiration date)
Drafts must bear the clause: "Drawn under Letter of Credit No.
of dated
(Bank name)
BID NO: 36-05/06
DATE: 06/23106
CITY OF MIAMI BEACH
58
This Letter of Credit sets forth in full terms of our undertaking, and such undertaking
shall not in any way be modified, amended, or amplified by reference to any documents,
instrument, or agreement referred to herein or to which this Letter of Credit is referred or
this Letter of Credit relates, and any such reference shall not be deemed to incorporate
herein by reference any document, instrument, or agreement.
We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn
under and in compliance with the terms of this Letter of Credit that such drafts will be
duly honored upon presentation to the drawee.
The execution of the Contract and the submission of the required Performance and
Payment Guaranty and Insurance Certificate by the
(contractor, applicant, customer)
shall be a release of all obligations,
This Letter of Credit is subject to the "Uniform Customs and Practice for Documentary
Credits," International Chamber of Commerce (1993 revision), Publication No. 500 and
to the provisions of Florida law, If a conflict between the Uniform Customs and Practice
for Documentary Credits and Florida law should arise, Florida law shall prevail. If a
conflict between the law of another state or country and Florida law should arise, Florida
law shall prevail.
Authorized Signature
BID NO: 36-05/06
DATE: 06/23106
CITY OF MIAMI BEACH
59
00500. SUPPLEMENT TO BIDITENDER FORM
THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE BID,
HOWEVER, ANY INFORMATION, INCLUDING ADDITIONAL
INFORMATION NOT INCLUDED IN THE SUBMITTED FORM AS
DETERMINED IN THE SOLE DISCRETION OF THE CITY, SHALL BE
SUBMITTED WITHIN SEVEN (7) CALENDAR DAYS OF THE CITY'S
REQUEST.
QUESTIONNAIRE
The undersigned authorized representative of the Bidder certifies the truth and accuracy
of all statements and the answers contained herein.
'1, How many years has your organization been in business while possessing one of
the licenses, certifications, or registrations specified in Section 00405?
Additionally, list below or attached a list of all the names of all individuals team
member's included in this bid and their respective responsibility,
License/Certification#/Registration#
_CUC044220
_CGC1506008
# Years
_23_
_3_
1A. What business are you in? ._Cert. Underground & Excavation Contractor__
2. What is the last project of this nature that you have completed?
(In case of co-venture, list the information for all co-venture)
_Saint George West in Broward County
3. Have you ever failed to complete any work awarded to you? If so, where and
why? (In case of co-venture, list the information for all co-venture)
Yes, General Construction Servo (Water Works 2011, City of Ft. Lauderdale) - Water
& Wasterwater Utilities; Teminated for convinience by owner
3A. Give owner names, addresses and telephone numbers, and surety and project
names, for all projects for which you have performed work, where your surety
has intervened to assist in completion of the project, where a claim was made.
(In case of co-venture, list the information for all co-venture)
NONE
BID NO: 36-05/06
DATE: 06/23106
CITY OF MIAMI BEACH
60
4. Give names, addresses and telephone numbers of three individuals, corporations,
agencies, or institutions for which you have performed work:
(In case of co-venture, list the information for all co-venture)
4,1. Alan Garcia 115 S, Andrews Ave., Ft. Lauderdale, FI. 954-831-0903
(name) (address) (phone #)
4,2. Armando Rubio 3071 SW 38 Ave, Miami, FI. 786-552-8184
(name) (address) (phone #)
4.3. Charley Carino 444 Brickell Ave., Ste. 200, Miami, FI. 305-372-0637
(name) (address) (phone #)
5. List the following informatioll concerning all contracts in progres'3 as of the date of
submission of this bid. (In case of co-venture, list the informatioll for all
co-venture)
NAME OF
PROJECT
OWNER &
PHONE #
TOTAL DATE OF
CONTRACT COMPLETION
VALUE PER CONTR.A&T
%OF
COMPLETION
TO DA r:~
_See Attachment____._
-...-----.-----------.---..-.-.---
---------------------..-------.----.---...--..,.-.-.-.-
--.-------.-------.-------------.---.-...--.-------------.--.---
(Continue list on insert sheet, if necessary,)
6. Has a representative of the Bidder completely inspected the proposed project and
does the Bidder have a complete plan for its performance?
_ Yes__.___ _____.._____,_..,_,_____,
---_.__._-------~------------_._.._-
7, Will you subcontract any part of this work? If so, give details including <3 list of
each subcontractor(s) that will perform work in excess of ten percent (10%) of the
contract amount, the approximate percentage, and the work that will be performed
by each such subcontractor(s). Include the name of the subcontractor(s) and the
approximate percentage of work.
_Yes, No sub over 10%
BID NO: 36-05/06
DATE: 06123/06
CITY OF MIAMI BEACH
61
Ric-Man International, Inc.
Current Work
ALL PROJECTS
I TOTALS:
6 Projects
$53,953,100
OWNER ENGINEER CONTRACT PIPE SIZE AMOUNT COMPLETED
CITY OF N, BAY VILLAGE
1666 KENNEDY CAUSEWAY
STE.700 RIC-MAN NORTH BAY VILLAGE 12. $ 750,000.00 98%
NORTH BAY VILLAGE, FL INTERNA nONAL
33141
305-756.7171
VERO BEACH BUSINESS MBV
PARK, LLD ENGINEERING
2005 CYPRESS CREEK RD, 2455-14TH. AVE S.R. 60 INDUSTRIAL 8. $ 1,710.645,92 80%
WEST PARK 15.-36.
FT, LAUDERDALE, FL 33309 VERO BEACH, FL
19541771-5056 32960
CITY OF LAUDERHILL A,D.A
2000 CITY HALL DRIVE ENGiNEERING, NW 56TH, AVENUE
LAUDERHILL. FL 33313 INC,l14l11S.W, WA l'ER & SEWER 12. '" 16. $ 1,220,420,40 40%
40TH, ST. STE 470 IMPROVEMENTS
(954) 73D-2960 MIAMI, FL 33165
1--- -----
PALM BEACH COUNTY MATtIEWS
WATER UTILITIES CONSUL llNG INC.
DEPARTMENT 8100 1475 LA MANCHA AV 30. FM I
FOREST HILL BLW, WEST CENTREPARK PIPELINE EXTENSION 36.FM 55.562,797.15 0%
PALM BEACH, FL33413 BLW. STE 250 PROJECT
WEST PALM
(954) 493-li112 BEACH, FL 33401
,-.--,-
CRAIG A, $MITH &
CITY OF OAKLAND ASSOCIATES OF
3500 NE 12TH AVE FL,OIllDA, INC, NE 6TH AV 4')(7'
OAKLAND PARK. FL 33334 1000 W, MCNAB DRAINAGE BOX CUD $S.70'J,165.30 0%
(954) 630-4475 RD. S'l1O. 200 IMPROVEMENTS
POM?ANO BEACH,
FL 3:W8~ I
-.-.----- 1-- -- ----- -,
DROWARD COUNTY WATER RIC-MAN
AND WASTE ENGINEERING INTERNATIONAL I DESlGNIBUILD
DIVIStOH 2555 WEST eOPANS CHEN & Assac FOR REPLACEMENT OF 48. FM $4,398,779 60%
ROAD POMPANO BEACH, FL
33089 DESIGN BUILD 48. FORCE MAIN
(1541131..0773 T"..AM
- ,-- -,-,,----
TOWN OF JUPITER UTILITIES TOWN OF JUPITER MISCELLANEOUS 1S"FRDR/
210 MILITARY TRAIL UTILITIES 210 STORMWA TER "'X 12'BX $1.876.151.00 0%
JUPITER, FL 331151 MILITARY TRAIL
(511) 741-2251 JUPITER, FL 33451 IMPROVEMENTS 2005 CULV
NORTHERN PALM BEACH WANTMAN GROUP
COUNTY IMPROVEMENTS WEST PALM BEACH OFFSITE DIRECTIONAL 1S"WM $1,691.220.00 80%
357 HIATT DRIVE PALM BEACH DAVE BROBST BORES 12.FM
GARDENS, FL 33416
BHOWARD COUNTY BOARD
OF COUNTY COMMISSIONERS CHEN & BROADVIEW PARK S-TO 16-
115 S. ANDREWS AVENUE ASSOCIATES NEtGH80RHOOD WM $9.807,671.31 90"
FT. LAUDERDALE, FL IMPROVEMENTS
(954135''''336
CITY OF LAUDERHILL CORZO CASTELLA
CARBALLO
%aoo CITY HALL DRIVE THOMPSON, P .A. NW 11TH STREET 8" TO 16. $837,450.00 100%
LAUDERHILL. FL 33313 FT. LAUDERDALE, FORCE MAIN EXTENSION FM
(1541730.2160 FL
MIAMI-DADE WATER & SEWER INST ALLA nON OF 30. WM
3071 SW 31TH AVE. SAME AS OWNER CROSSING MIAMI RIVER 30. DIP $1,914,000.00 ."
CANAL AT SW 2ND ST
MIAMI,FL. CONTRACT W.a63
786-552-8150
Cwrenl-ComplCled Work
&;1112006
Page' of2
CITY OF PLANT A TlON RIC-MAN TURNPIKE & SUNRISE 20"FM
400 NW 73rd AVENUE INTERNATIONAL, BLVD CITY ."to10" $1,500.100.00
PLAHTAIOH, FL33317 POMPANO BEACH 810 . 031.(15 WM .."
(9541797~22.5 41100' ~."
WM
CITY OF BOCA RATON CITY OF BOCA 4700'-8"
201 W. PALMETTO PARK ROAD LBFH, INC. UTILITY DRAINAGE SAN $2,386,570.00
BOCA RATON, FL 33432 WEST PALM BEACH IMPROVEMENTS AREA II 4600'
(,.,) 393-7971 DRNG 18-.
'2" .."
VILLAGE OF WELLINGTON AReADIS REESE, VILLAGE OF WELLINGTON 16-t024"
1.aoOO GREENBRIAR BLVD. MACON & ASSOC. WATER TRANSMISSION PVC & DIP $978.220.00
WELLINGTON, Fl 33414 LAKE WORTH, Fl MAIN EXTENSION PHASE I ----!.!~_._-
(511)711..000 33463 -.
-
BROWARD COUNTY BOARD SY GEORGE EAST .-DIPWM
OF COUNTY COMMISSIONERS NEIGHBORHOOD TO 8".15" $7,03oJ.,940.lJ6
115 S. ANDREWS AVENUE CHEN & ASSOC. ;MPROVEMENT PROJF..C'T PYC SAN
FT. LAUDERDALE, fL i-SUBMERSIBLE PS ..%
('54) 357-6336 -- .--- --.-.----... -------.----.-
-------
Pr;)jl1.:t iOIH;. Complete,
CITY OF MiAMI BEACH 8"SAN, CClntract open, prewently
CIlY HALL WASHINGTON AVENUe 12"WM, ." i12,104,429.00 'NoltlnSl :ti1 o:J:tenslve
1700 CONVENTION CENTER IiAZEN & SAWYER IMPROVEMENTS PROGRAM TO 42" addtti<)nal war;; "t owner,
DRWE MIAMI BEACH, FL33138 ORNG reQlOe1O\
(!OS) 673-7D80 '--. - -.-.. .~. .____..____L__....__._.___.~__
CUrmllCompleled Work
81Ji/20Q6
Page 2 of 2
The foregoing list of subcontractor(s) may not be amended after award of the
Contract without the prior written approval of the Contract Administrator, whose
approval shall not be unreasonably withheld.
8. What equipment do you own that is available for the work?
See Attached
9. What equipment will YOLl purchase for the proposed worla
As required, none expected
10. What equipment will you rent for the proposed wCirk?
As required, nOlle expected______________.
11. State the name of your proposed project manager and superintendent and give
details of his or her qualifications and experience in managing similar work.
Project Manager: Albert Dominguez
Superintendent: Nelson Liberti
See attached resume
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
62
Ric~Man International, Inc.
Equipment List by Type
System Date: 0':'.08-2006
System Time: 2;36?M
!Equipment !OeSCriPtion IMake Model Year :Serial Number
,
~ I
AIR COMPRESSORS
MAIRC2 AIR COMPRESSOR GRIMMERSCH COMPRESSOR 1985 12594590
MAIRC4 AIR COMPRESSOR JD SULLAIR I S5HOPQ 2003 PE4045D251552
MAIRC5 AIR COMPRESSOR JD SULLAIR 210HOPQ.2 2006 152099
MDIVEl DIVE COMPRESSOR SLOAN DIVE COMPR DC16
MOIVE2 DIVE COMPRESSOR YANMAR COMPRESSOR 4-1oo0YAUO
- -
BACKHOES -
B160A EXCAVATOR JOHN DEERE 160LC 2001 P00160)(041223 -'--
B22SA EXCAVATOR CAT 225 1986 51U06313 ----
.
- B2350 BACKHOE CAT 2350 1993 8KJool99 -...--
BI7ZTS EXCAVATOR JOHN DEERE 17ZTS 2001 FFOI 7ZX21 0096 ----
B27ZTS EXCAVATOR JOHN DEERE -- 27C-ZTS 2005 FF027cx221265 ----
B308LC - HYDRAULIC EXCAVATOR KOMATSU PC308LC3 2004 20094
B312LC BACKHOE CAT 312LC 1996 6GK01932 -~-----,.~
B320Bl BACKHOE CAT 320BL BACK 2000 6CR04514
B321CA EXCAVATOR WI9AB AIR. CATERPILLA 321CLCR 2004 MCF00359 --.. - -
- B325Bl BACKHOE CATERPILLA - 325BL ~='78 -------.------.
- B345BA EXCAVATOR CAT 345BL 11 2003 AGS01788 . ..
B385BL EXCAVATOR CA TERPILLA 365BL 9TZ00512
BSOZTS EXCAVATOR JOHN DEERE 5OG-ZTS 2005 FF050CX241111
B790EA BACKHOE - JOHN DEERE - 790E BACKH 1995 FF790ELOI5010
B.JK007 EXCAVATOR DONGEUN JK007 2003 US02086YlJ913FL -_.-
- - - " ----
BROOM TRACTORS - - -. .--. ---..--------.-
SFORD. - BROOM TR.~CTOR -- fFORO- 3600 TRACT ---- -- --_._-------_._.~...-..
fl0083.C._.__..___..__.__....
--- ISJb520--- BROOM TRACTCiR.-.---- --- j6iirDEERE--- 5200 TRACT . ~"95 _. LV52DOH2li55S
.. ..~. ~.,.....-------"--_..__.- ~~SEY FER _____ MF230 i"RAC.---- ~:<-._-----_."_._._.-
SMF230 ,BROOM TRACTOR 9A309171
'-"--ISM"'4"S;-'-, BROOM l"RACTciR .-..-.--- MASSEY FER .___ MF451-2 .-- r---- BM13037 '-'---'--.-.
.- r--"-~ -------.-----_.._ r------.-.-.- p:c.__.._______._...._..__._
,.;;;:~..-._---j;;--_._----------- ---.----.-- --..----- r--n.-- ~_._--._-_._-_.__.__. ..- ....
.,:'=~uiM !~-=:. 6FT ~BLEpi.Ar;.P.}IQ9KET"-_:.~..:: ---~._._._--- r----.-.-.--.-- r--.-.- -_..._----_._~-._~-_.._.._._._-
OWcNS--- .--- ------.---..-.---...
MCl.AM2 . 6FT CABLE CL\MP BUCKET 20-00 -- ---------..-----.-.--
BB235 363FT BUCKET . Hendrix - __ 36" Rock
-- 8631260 5FT BUCKET -- CatepOlar '6:9" 311.:::_____ 3'-2DglOfQlii--.:::::::~-,::,,-==
MHYD~M 6FT HYD CLAMP BUCKET .__ ~ERTON .= -- . -
------ r--------. -.- -- --- -. '--
CEMENT MIXERS
MCEM2 CONcReTE MixeR -- IsroNc.------ - .. .. 451209 - -
MCEM3 . CONCRETE MIXER - - HONDA.---------- 2001 342001190-------
MCEM4 CONCRETE MIXER STOW CM9H 2003 752101 -
MCEM5 CONCRETE MIXER STONE _. 95CM w/8HP 2004 362004201
- ..
.COMBINATlON BACKHOEIlOADERS
C410B COMBO B-HILOADER JOHN DEERE 410E 1999 T0410EX6812!' -
C44BB COM60 B-HILOADER CAT 446B 5BL02103 ----
" C310ED COMBO B-HILOADER JOHN DEERE 310E 2000 T0310EXS82425
- - ..
C410GA . COMBO B-HILOADER JOHN DEERE 410G 4WD 2003 T041OGX923841 .-
C410GB COMBO B-HILOADER JOHN DEERE 410G 2005 T041OGXD42744
C420DA COMBO B-HILOADER CAT 4200 2003 FDP12BOO - -
-
CRANES
MLlMA CRANE LIMA CRANE 1966 46521
MLlNK CRANE LINK BELT CRANE 1969 19F9320
MLlNKA LINK BELT CRANE BOOM ATTACHMNT
'-
"
CONCRETE SAY16
M14STSAW 14" STREET SAW EDCO D51611H 15470
MISSTSAW lB" STREET SAW STOW CD613H1S 303673
.JZERS
D4S0G D02ER JOHN DEERE 450 DOZER 1995 T0450GHB05903
D6S0H DOZER JOHN DEERE E50H 2002 T0650HX89787S
DTD20: DOZ~R DRESS:R Te20E DOZE 328<<
'. I
page 1 of':
t':\=:JUf.gME,.,.n=qlJipmen~ L1$~ f~r Shop.~I!'i Oii040t bJ' type
~""'nn~
IEquipment IDescription IMake IM~de' Year Serial Number
I
EXCAVATOR ACCESSORIES
IB17ZTSA BREAKER INDEeO MES 121 23188
I
FDRKLlFTS
IF585 FORKLIFT CASE 585 FDRKLlFT 1981 9061056
I
GENERATORS
MLlTEl LIGHT TOWER, TOWABLE SM MAGNUM ML T3060 2005 51815
MLlTE2 LIGHT TOWER, TOWABLE SM MAGNUM ML TJOSO 2005 51814
MHONGEN GENERATOR HONDA EZ2500 EZEJl036535
GRADERS
IG12G02 GRADER CATERPILLE 12G 511'.415537
I
LOADERS
L922B LOADER CAT 922B LOADE 1986 94A1982
L936A LOADER CAT 935A LOADE 1986 33Z02287
L935G LOADER CAT 938G 2000 4YS01167
L924G2 WHEEL LOADER CATEPILLAR 924G 2004 DDA01597 -
L924GA WHEEL LOADER CA TERPILLA 924G 2004 DDA01241 - -
L938G4 WHEEL LOADER CATEPILLAR 938G II 2004 RTBOO745
L938G5 WHEEL LOADER CATEPILLAR 938GII 2004 RTB00746
L938G8 WHEEL LOADER CATEPILLAR 938GII 2004 RBT00878
L938GB LOADER CATERPILLE 938G 8W500498
L938GD LOADER CATEPILLAR 938G 1999 4YS01170
L950FA LOADER CAT 950F LOADE 1994 08TK01414
L950FB LOADER CAT 950F LOADE 1995 8TK02432
LS262!, SKID STEER LOADER CAT 282 2002 OCED01503
LS277A MUL n TERRAIN LOADER CATERPILLA 277B 2005 47322.67 ---
.._-
MISCELl..ANEOUS EQUIP - - --
MARCH ARCH SPREADER ARCH SPREADER 2005 9409630 -
, M20DRB MISC 20 YD ROCK BOX EFFICIENCY SM-EWHD-24 2005 128388
MSYDRB MISC. 5 YARD ROCK BOX
- MDRIL.2 DRILL TEK DRILLRIG DRILL TEK D25KUL 731180
.. MDRILL DRILL RIG DAVEY M5CS CRAWL 859
MDYNAl DYNAPAC LG500 35002799
MDYNA2 DYNAPAC LG500 35002800
MF938G UTILITY FORK S MANUAL COUPLER
MMOLEA 2000 3" mol. Vermeer 3" hammrl1d 2000 eo151 --
MMULT1 MULTI QUIP REV PLATE COMPAC MULTI QUIP MVH402DBS 2002 J1954
MMUL T3 COMPACTOR MUL TlQUI MVH405 2005 1074
MPAVE2 ASPHALT PAVER CAT AP200 6AD00370
MPAVE3 ASPHALT PAVER INGERSALL 575T 1995 300060 -.
MPAVER 1987 LEEBOY 1000 PAVER LEEBOY 1000 1987 Ll000SR-596
MREMX2 REMAX CATEPILLAR 4800 305652
MRT200 TRENCHER VERMEER RT200 2002 1~W111T821000430
MWACK2 WACKER JUMPING JACK WACKER BS 700 5375951
MWACK3 WACKER JUMPING JACK WACKER BS7!l-21 2004 5504323
MWACKB VIB PLATE 9000 LB WACKER WACKER DPU4045Y 6057355
MWACKC 1998 WACKER WACKER DPU-5045 1998 7B62
MZIPE2 ASPHALT ZIPPER ABPHAL T ZI 480 2001 l00716AZ
MZIPER ABPHAL T ZIPPER John Deere 480 100683
PUMPS
P6VS 5" MUL Tl-PURP PUMP SLOAN 5" MULTI-P 1995 OO13-C
P8PVA 8' PIONEER V AC ABST TRASH PU. PIDNEER PP88S12 2004 3031
PHD6H 8" PUMP HEAD HOUAND H-5- TMSA- 1 1999 H-IHMSA-136
PHY05 8" HYDRAULIC PUMP UNIT 1 PT6-23
PHYDS 5" HYDRAULIC PUMP SLOAN S" HYDR PU 1313C
PJETA 5" JET PUMP BERKELEY JET PUMP G300398
PJETC 4" JET PUMP COMPLETE DEWATERING 1998 8098
METEST ELECTRIC TEST PUMP
MGTEST GAS TEST PUMP HURCD 1029535
PWP10A 10" WELLPOINT PUMP COMPLETE 'i OVA WP-D6- 2002 9031
PWP12A 12" WELLPOINT PUI~P 15.1029
IPWP123 12" WELLPOINT PUMP : i
PWPG10 10" WELLPOI"T PUMP GRIFFIN !W~L!..:;l!\: I ?U ~72o
;:..ge 2 ofL
L':\=OU/.::>M:;NT\=qlJipmen~ Us: for 5nopfls Q~{uOE Dr tYPl!
. ,.... '~r"'~
Equipment Description IMake Model Year Serial Number
MGTEST2 GAS TEST PUt...1P HURCO
PRESSURE WASHERS
IMPRESS PRESSURE WASHER HYDROTEK SW30004 '993
ROLLERS
- RB1248 8W '24 DH 80MAG BW124DH-3 2005 #901581271038
R8W100 ROLLER 80MAG BM100 1997 1005'0811 -
RC122B ROLLER DYNAPAC CC122 2005 60118635
ReA151 ROLLER DYNAPAC eA151 199' S98351
RCC102 ROLLER DYNAPAC CC102 1994 80110819 ---
RCC122 ROLLER DYNAPAC CC122 2005 60118370
RCS12A ROLLER Ovnaoac CS12 17258
-
AUTOMOBILES -----.----
A115A 2000 DODGE DURANGO DODGE DURANGO 2000 1 B4HR28ZXYF23653e----.-.
- ALEXB 2003 GX470 SUV LEXUS GX470 2003 JT JBT20X3300024' 6 .-
A03EXP 2003 FORD EXPLORER FORD EXPLORER s 20C3 1 FMZU63K23UAS5800
A04NIS 2004 NISSAN ARMADA NISSAN ARMADA 2004 5N1AA08A24N715283 -.--
ALEX04 2004 LEXUS LS430 - LEXUS LS430 2004 JTHBN36FX40152847
.- ALINCD 2005 LINCOLN NAVIGATOR .- LINCOLN NAVIGATOR 2005 5LMFU27595LJ04 1 73 ..
DUMP TRUCKS
TDF02A 1996 F800 16' FLAT DUMP FORD F800 FLA T8 1996 1FDND80C9TVA11319
TDI92A DUMP TRUCK INTERNATIO 8100 1992 IHSHBLHN5H439953
TDM02A MAC'X TRUCK MACK CS300P 2000 VG6BA09B2YB702407 -
TDM04A TRI-AXLE DUMP TRUCK --_.- ~!,CK _ - CV713 2004 , M2Al!1 1 C24M009257 -
~~~~~~ =::--: ~~CK CV7,3 2~ ' M2AG1 1 C08M039988 .---.--
FORD DUMP L T900 --- 1995 lFDZU90T3SVA53786 ____no
:.:~------ .-.-.---..---
-.------ ------.- --- f------.-----..--.---
TAAfl.ERS
~_i+12TON".:""_..1i'95 ECoNOi.JNE'l'RiiILER---'-- ECONOLlNE MP424TE TR '995 42ETPJE43.i'i"000865-----.-
--_'-rf'6TPN .__ 1!!2Z~I~QL.-i.~' TRAlLE~_ e:CONOLlNE SP624TE Tf{ --...- 1997__ 42ETPJF44V1 004991"--- -....-
AXLE<! 1979 SAME J.6.XLE TRAILER SAME 3XLE TRAIL '979 7792576 -------------
- 'fWTEC '-1967 AZTECToWElCW--n-.- AZTEC LOWBOY '967 LB25'066038----.----.
=- TLDANE 1971 GREAT DANE 40' FLAT GREAT DANE 40' FLAT T 1971 100416 ---.--
-
TLKlN2 1988 KING MODULAIR TRAILER KING - OT '988 K038812007
TLKING 1998 KING LOWBOY TRAILER KING - -- TK100HDG '998 1 TKJ04937W81 00966
TT113A PACE TRAILER PACE WS8'06SHD 2000 .FPF810'XYG043616
- TT119 1998 PACE TRAlI.ER PACE - TRAILER 1998 4FPF81014WG026226 --.-.-
- -.--
TTCONT CONTRAIL TRAILER CON'TRAll C-12Bl -- 2006 4KNUC16280l18130'
TTCURA CURAHEE UTILITY TRAILER CURAliEE TRAilER 2004 4TlOLS16294107',33 ..
TTHARD 1981 HARDEE TRAILER -- ~+>EE TRAilER 1981 17582 --.-
TTHAUl 1999 HAULlN TRAilER 1 Axle HAULlN 5700 FLAT 1999 4K2UF0715XM137666
PICKUPS
TP105 1997 FORD SERVICE TRUCK FORD SUPERDUTY '997 3FELF47FOVMAOO380
TP114 1993 FORD F260 PICK UP FORD F250 PICK '993 'FTEF25Y7PNA56795 -
TP116 '999 FORD F150 PICK UP FORD F150 '999 1Flr.ZX1721>aN832116
- TP117 1994 DODGE 2500 PICK UP DODGE 2500 PICK '994 1 B7KC26Z8RSS68552
TP119 1995 DODGE RAM PICK UP DODGE RAM PICK U 1995 , B7KC26C9SS354300
TMF01A 2001 FORD MECH TRUCK FORD MeehTr 2001 lFDAF56Fl1ED'5384 -
TMF02A 1999 F450 MECHANIC TRUCK FORD F450 1999 1FDXF46FOXEA77623
TMF04A 2004 F560 SUPERDUTY FORD F550 SUPER 2004 1FDAF57P94EB22136
TP10BA 1996 FORD SERVICE TRUCK FORD F-SUPERDUT 1996 1 FDLF47F6TEB1 1457
TP1138 2000 FORD F260 PICKUP FORD F250 PICKU 2000 1 FTNF2015YEC28004
TP117A 2000 FORD F250 PICKUP FORD F250 PICKU 2000 1 FTNF20l3YEC27952
TPD02A 2002 DODGE RAM PICKUP DODGE RAM '500 2002 1D7HUl8212J159791
TPD03A 2003 DODGE RAM 2500-QUAO DODGe RAM 2500 0 2003 3D7KA28D93G721979
TPD03B 2003 DODGE RAM 2500 DODGE RAM 2500 2003 3D7KA26D63G784685
TPF01A 2001 FORD F-250 PICKUP FORD F-250 2001 1 FTNF20LX1 ED4.990
TPF01 B 2001 FORD F-250 FORO F-250 2001 1 FTNF20l11 ED49991
TPF02A 2002 FORD F-2S0 FORD IF-250 2002 1 FTNF20l62EA30798
TPF02B 2002 FORD F250 PICKUP FORD F 250 12002 1 FTNF20L32EA 18265
TPF02D 1 997 FORD SUPERDUTY FORD SUPERDUTY 11997 1 FDLF47F3VEB42975
TPF04A 2004 FORD F250 PICKUP IFORO 250 12004 1FTNX21P74EB'5886
iTPFOBA F-250 PICKUP FORO F-250 12006 I
iTP;:::02C 2002 F-25D F:J'lD PICKUP IFORD IF-25G 12002 'i FThlF20LX2EB59611
l.!:~OU/~M="'T'=Ql.lip,Tl~n: I..is: fl)r Sno;..Jds 0&(,40& bj'rype
Equipment Description I Make !MOdel IYear Iserial Number
I
TPG02A 2002 GMC SIERRA 2500 GMC ISlER;</< 2002 1 GTHK29U52Z316B94
TPN06A 2006 NISSAN TITAN LE NISSAN TIT KlC 4x4 2005 IN6BA06BB6N524745
TPWELO 19B7 FORD F250 FLATBED FORD "250 FLATS 19B7 1 FTHF251 BHN."3352 1
TvCOOA 2000 CHEVY ASTRO VAN CHEVY ASTRO 2000 1 GCDM 19W2YS1 16075
TRUCKSITRACTCRS
TJETv 19B5 JET TRUCK GMC TOPKICK 19B5 lGDP7D1YBFVB26375
MTACKA INGERSOLL RAND HT -250T INGERSOLL HT-250T 5E1FS101B5B1B3805
TM 1 06A 19BB MACK TRACTOR MACK TRACTOR 19BB 1 M2A Y04 Y7 JMOO3826 -
TM112 1981 MACK WATER TRUCK MACK TRACTOR. 19B1 84711
TM112S 1996 FORD FUEL TRUCK FORD FUEL TRUCK 1996 1FDZU90T3TvA03956
TM6X6A MILITARY TANKER WATER TRUCK COSL IHP 6><6 H2O TR 1971 SY5C02096
TMH20 1976 MACK MACK TRUCK 1976 RD769SX1011
- TMIH20 WATER TRUCK INTERNATIO 19BB
TMM01A MACK TRACTOR MACK RD6BBS 2001 1 M2P324C31 M056350
WELDERS
WLINC WELDER LINCOLN ARCH WELDER 1050090
WMIL251 WELDER MILLER TRAILBLAZER 251 1939 KK2B1475
LASERS --
LOlA LASER GTS GTS-223 2001 UL0461 .
L01C PIPE LASER TOPCON TP-L4G 2001 VD0221
L04A PIPE LASER TP TP-L4G PIP VD0738
1.95A LASER DIALGRADE LASER 1995
L T02A PIPE LASER TOPCON TP-L4G 2002 VD0371
TRENCH BOXES _.
1'5811 TRENCH SHIELD B X 11
..-. 1'5813 TRENCH SHIELD 8 X 13
lB424A TRENCH BOX 4 X 24 A PRO TEC PROB-424D 99 12522
TB424B TRENCH BOX 4 X 24 B PRDTEC PR06-424D 99 12523 -
TB4620 TRENCH BOX 4X6X20 PRDTEC PR04-620D 1500B
- iJpS224 TRENCH BOX BX2X24 RCHASE 14930
-- TRENCH BOX 8 X 6 X 24
--- J,B8624 TRENCH BOX 8 X 8 X 2< -
TB8B24 -
TBB828 TRENCH BOX 8X2B SPREE5HORE TS-OB28DWB 2004 250649
L':!~:;UI.::>M~I,T\~Dui:;Jm~rr~ !...is: i:u Sno=-.J:!S aSCN!OE OJ' fJ'p.
12. State the true, exact, correct and complete name of the partnership, corporation
or trade name under which you do business and the address of the place of
business. (If a corporation, state the name of the president and secretary. If a
partnership, state the names of all partners. If a trade name, state the names of
the individuals who do business under the trade name).
12.1 The correct name of the Bidder is RIC-MAN International, Inc.
12.2 The business is a (Sole Proprietorship) (Partnership) (Corporation). (In
case of co-venture, list the information for all co-venture)
Corporation
12.3 The address of principal place of business is
2601 NW 48th Street, Pompano Beach, FI. 33073__________.
12.4 The names of the corporate officers, or partners, or individuals doing
business under a trade name, are as follows:
_David Mancini - President
_Rene Castillo - Secretary
_Paul ,Jankowski - Vice-President
_Lisa M. Jankowski - Tresurer & Asst. Secretary
12.5 List all organizations which were predecessors to Bidder or in which the
principals or officers of the Bidder were principals or officers.
_RIC-MAN Construction
_Ledds Enterprizes
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
63
12.6. List and describe all bankruptcy petitions (voluntary or involuntary) which
have been filed by or against the Bidder, its parent or subsidiaries or
predecessor organizations during the past five (5) years. Include in the
description the disposition of each such petition. (In case of co-venture,
list the information for all co-venture)
_None
12.7. List and describe all successful Performance or Payment Bond claims
made to your surety(ies) during the last five (5) years. The list and
descriptions should include claims against the bond of the Bidder and its
predecessor organization(s). (In case of co-venture, list the information
for all co-venture)
_None___.
-------.---.-------.-
12.8 List all claims, arbitrations, administrative hearings and lawsuits brought
by or against the Bidder or its predecessor organization(s) during the last
five (5) years. The list shall include all case names; case, arbitration or
hearing identification numbers; the name of the project over which the
dispute arose; a description of the subject matter of the dispute; and the
final outcome of the claim.
_See attached
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
64
PROJECTS RELATED CLAIMS AND LITIGATION HISTORY FOR THE PAST FIVE YEARS
,I..
"
-
CASE NAME CASE NO, PROJECT NAME SUBJECT .... TTER
THE ENGINEER
RIC-MAN INT'L, INC. for It6e~ and MIAMI-DADE CO. WRONGFULLY REJECT
8S essignee for the CITY OF CIRCUIT COURT WATSON ISLAND SANiTARY WORKED PERFORMED
MIAMI CASE 1102- SewER CONTRACT B-5590 A SUBCONTRACTOR F
vs CARNEY-NEUHAUS, INC. 3876CA05 RIG-MAN INl'L. & THE C
OF MIAMI
- ---"--
NORTH ANDREWS GARDENS CLAIM FOR ADJUSTME
RIG-MAN INl'L, INC. vs NEIGHBORHOOD TO CONTRACT
N1A IMPROVEMENTS PROJECT AMOUNTIPAYMENT
BROWARD COUNTY CONTRACT NO, AMOUNT AND TO
H-5-99-102-CF CONTRACT TIME
t----------,--.- -'--
REQUEST FOR AN
NORTH ANDREWS GARDENS EQUITABLE
RIC.MAN Nr'L, INC. vs NEIGHBORHOOD ADJUSTMENT TO TH
N/A IMPROVEMENTS PROJECT CONTRACT- DIFFER I
BROWARD COUNTY CONTRACT NO. SITE CONDITION 54
H-5-99-102-CF MICRO TUNNEL CASI
UNDER 1-95
---.-- t--
ST. GEORGE WEST
RIC-MAN INl'L, INC. vs N/A PROJECT BID PACKAGE #8 SETTLED IN RIC-MAN
BROWARD COUNTY CONTRACT NO. Q-l-02-022- FAVOR ON 1/21/05
CF
EO
BY
OR
ITY
NT
E
NO
.
NG
'S
\\UI1"W11~1\tln_"l"Fnm'll&\R"'.tatt ~"lmA &
1iIiCi'......... hiGnrv .k
12.9. List and describe all criminal proceedings or hearings concerning
business related offenses in which the Bidder, its principals or officers or
predecessor organization(s) were defendants. (In case of co-venture, list
the information for all co-venture)
_None
12.10. Has the Bidder, its principals, officers or predecessor organization(s)
been debarred or suspended from bidding by any government during the
last five (5) years? If yes, provide details. (In case of co-venture, list the
information for all co-venture)
None
-'
12.11. Under what conditions does the Bidder request Change Orders.
_Owner initiated items
12.12 You must provide the names of all individuals or entities (including your
sub-consultants) with a controlling financial interest. The term "controlling
financial interest" shall mean the ownership, directly or indirectly, of 10%
or more of the outstanding capital stock in any corporation or a direct or
indirect interest of 10% or more in a firm. The term "firm" shall mean any
corporation, partnership, business trust or any legal entity other than a
natural person.
David Mancini, Lisa Jankowski & Paul Jankowski
BID NO: 36-05/06
DATE: 06123/06
CITY OF MIAMI BEACH
65
12.13 Individuals or entities (including our sub-consultants) with a controlling
financial interest: have _XX_have not contributed to the
campaign either directly or indirectly, of a candidate who has been
elected to the office of Mayor or City Commissioner for the City of Miami
Beach. Please provide the name(s) and date(s) of said contributions
and to whom said contribution was made.
WITNESS:
IF PARTNERSHIP:
Signature
- ..
Print Name of Firm
Print Name
Address
By:
General Partner
.-----------
Print Name
WITNESS:
J.~ If "
Signature .::fj
IF CORPORATION:
_RIC-MAN International
Print Name of Corporation
_Hamill Ortiz
Print Name Address
BY:~ ....-
President -
2601 NW 48th Street, Pompano Beach, FI.
/
Attest:
Secretary
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
66
00520.
SUPPLEMENT TO BIDfTENDER FORM
NON-COLLUSION CERTIFICATE
THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO
BE DEEMED RESPONSIBLE.
Submitted this 16 day of August, 2006.
The undersigned, as Bidder, declares that the only persons interested in this Bid are
named herein; that no other person has any interest in this Bid or in the Contract to
which this Bid pertains; that this Bid is made without connection or arrangement with any
other person; and that this Bid is in every respect fair and made in good faith, without
collusion or fraud.
The Bidder agrees if this Bid is accepted, to execute an appropriate City of Miami Beach
document for the purpose of establishing a formal contractual relationship between the
Bidder and the City of Miami Beach, Florida, for the performance of all requirements to
whicfJ the Bid pertains.
_Corp. Secretary
TITLE (IF CORPORATION)
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
67
00530. SUPPLEMENT TO BIDrrENDER FORM
DRUG FREE WORKPLACE CERTIFICATION
THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO
BE DEEMED RESPONSIBLE.
The undersigned Bidder hereby certified that it will provide a drug-free workplace
program by:
(1) Publishing a statement notifying its employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in
the offeror's workplace, and specifying the actions that will be taken against
employees for violations of such prohibition;
(2) Establishing a continuing drug-free awareness program to inform its employees
about:
(i) The dangers of drug abuse in the workplace;
(ii) The Bidder's policy of maintaining a drug-free workplace;
(iii) Any available drug counseling, rehabilitation, and employee assistance
programs; and
(iv) The penalties that may be imposed upon employees ior drug abuse violations
occurring L1 the workplace;
(3) Giving all employees engaged in performance of the Contract a copy of the
statement required by subparagraph (1);
(4) Notifying all employees, in writing, of the statement required by subparagraph (1),
that as a condition of employment on a covered Contract, the employee shall:
(i) Abide by the terms of the statement; and
(ii) Notify the employer in writing of the employee's conviction under a criminal
drug statute for a violation occurring in the workplace no later than five (5)
calendar days after such conviction;
(5) Notifying the City in writing within ten (10) calendar days after receiving notice under
subparagraph (4) (ii) above, from an employee or otherwise receiving actual notice
of such conviction. The notice shall include the position title of the employee;
BID :-10: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
68
(6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a
conviction, taking one of the following actions with respect to an employee who is
convicted of a drug abuse violation occurring in the workplace:
(i) Taking appropriate personnel action against such employee, up to and
including termination; or
(ii) Requiring such employee to participate satisfactorily in a drug abuse assistance
or rehabilitation program approved for such purposes by a federal, state, or
local health, law enforcement, or other appropriate agency; and
(7) Making a good faith effort to maintain a drug-free workplace program through
implementation of subparagraphs( 1) through (6).
ene Castillo______.___.__.
(Print Bidder's Name)
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this 16th day of
_August ,2006_., by _Rene Castillo .__________as
(name of person whose signature is being notarized)
_Corp. Secretary__ (title) of RIC-MAN International___ __,
(name of corporation/company)
known to [Tle to be the person described herein, or who produced ________ as
identification, and who did/did not take an oath.
~B~~
(Signature) h a /). ffi eL-
Eileen A. Nace /f/ AI NOTARY PUBUC-STATE OF FLORIDA
(Print Name) ............., Eileen A. Nace
V'l1 ~~)Co~misSlon #00570593
f..f."...... Expues: AUG. 16,2010
My commission expires: g; It /0 BONDIID THRUAllA.'11C BONDlNG co.. INC.
I /
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
69
00540. SUPPLEMENT TO BIDfTENDER FORM
TRENCH SAFETY ACT
IF APPLICABLE, THIS FORM MUST BE SUBMITTED WITH BID FOR BID
TO BE DEEMED RESPONSIVE. (SEE SECTION 00407)
On October 1, 1990 House Bill 3181, known as the Trench Safety Act became law. This
incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety
standards, citation 29 CFR.S.1926.650, as Florida's own standards
The Bidder, by virtue of the signature below, affirms that the Bidder is aware of this Act, and will
comply with all applicable trench safety standards. Such assurance shall be legally binding on
all persons employed by the Bidder and subcontractors.
The Bidder is also obligated to identify the anticipated method and cost of compliance with the
applicable trench safety standards.
BIDDER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PROPOSAL
AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA
TRENCH SAFETY ACT. THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS
,:,,, INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE
ill CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED
ADDITIONAL WORK.
'i.:.r
The Bidder further identified the costs and methods summarized below:
Description
Unit
Quantity
Price
Unit
Price
Extended
Method
_Pipeline_
_LS___
1
_210,000_
_210,000__ Slope Banks
Total $ 210,000
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
70
IN ORDER TO BE CONSIDERED RESPONSIVE. THE BIDDER MUST COMPLETE*
THIS FORM. SIGN AND SUBMIT IT WITH ITS BID DOCUMENT.
_RIC-MAN International
iJIIt"
Iiorized Signature Of;dder
.COMPLETION REQUIRES FILLING IN THE APPROPRIATE DETAILS UNDER THE
HEADINGS. i.e.. DESCRIPTION. UNIT. QUANTITY PRICE. UNIT PRICE.
EXTENDED. AND METHOD.
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
71
00550. RECYCLED CONTENT INFORMATION
In support of the Florida Waste Management Law, Bidders are encouraged to supply
with their bid, any information available regarding recycled material content in the
products bid. The City is particularly interested in the type of recycled material used
(such as paper, plastic, glass, metal, etc.); and the percentage of recycled material
contained in the product. The City also requests information regarding any known or
potential material content in the product that may be extracted and recycled after the
product has served its intended purpose. ~ / A
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
72
ACORD. CERTIFICATE OF LIABILITY INSURANCE OP 10 A~ DATE (MM/DDIYYYY)
RICMA-3 01/22/07
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Bosquett & Company HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
2150 Butterfield, ste 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Troy MI 48084
Phone: 248-643-7475 Fax:248-643-6332 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Zurich-American Ins CO
INSURER B: AIG Insurance Group
Rio-Man International, Inc. INSURER c:
Attn: Jeri{ Wichert Steadfast Insurance COIIIlPany
2601 NW 48 h Street INSURER 0: Columbia Casualty Company
Pompano Beach FL 33073
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABove FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANOING
ANY REQUIREMENT, TERM OR CONOITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIes DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSR TYPE OF INSURANCE POLICY NUMBER "DATE ;MM/DDfY'i1- DATE MM'DDJ!,~N LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
-
A X X COMMERCiAl GENERAL LIABILITY GL03725839-02 02/01/06 02/01/07 PREMISES (~~~r~nce) $ 300,000
I CLAIMS MADE ~ OCCUR MEO EXP (Anyone person) $10,000
I-- PERSONAL & ADV INJURY $1,000,000
X Per job aggregate GENERAL AGGREGATE $ 2,000,000
~'L AGG~En LIMIT APnS!PER: PRODUCTS.COM~OPAGG $2,000,000
POLICY ~rBT lOC EmD Ben. 1,000,000
~OMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
A X ~ ANY AUTO BAP3725840-02 02/01/06 02/01/07 (EaaCCident)
All OWNED AUTOS BODilY INJURY
- $
SCHEDULED AUTOS {Per person)
-
- HIRED AUTOS BODILY INJURY
$
NON-OWNED AUTOS (Per accident)
-
- PROPERTY DAMAGE $
(Per accident)
~RAGS LIABILITY AUTO ONLY. EA ACCIDENT $
ANY AUTO OTHER THAN EAACC $
AUTO ONLY: AGG $
~~UMBRSLLA LIABILITY EACH OCCURRENCE $ 3,000,000
C X X OCCUR 0 CLAIMS MADE LQ1B71181361023 02/01/06 02/01/07 AGGREGATE $3,000,000
$
~ ~SDUCT[BLS $
X RETENTION $10,000 $
WORKERS COMPENSATION AND XIT1),\'lLI;:':f'S I IUE~'
B EMPLOYERS' LIABILITY WC8844578 02/01/06 02/01/07 $ 1000000
ANY PROPRIETORlPARTNER/EXECUTIVE E.l. EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? E.L DISEASE. EA EMPLOYEE $1000000
~~~~I~is~~~s16NS below E.l. DISEASE - POLICY LIMIT $1000000
OTHER
D Professional CPB 27-618-61-97 06/15/06 06/15/07 Per Claim 1,000,000
Liabilitv Aaareaate 1 000,000
DESCRIPTION OF OPERATIONS' LOCATIONS I VEHICLES' EXCLUSIONS ADDEO BY ENDORSEMENT 'SPECIAL PROVISIONS
Re: Nautilus improvement Program
Certificate holder is additional insured. 30 Day written notice of
cancellation and/or restriction of coverage will be given.
CERTIFICATE HOLDER
CANCELLATION
City of Miami Beach Florida
Attn: Risk Manager
1700 Convention Center Drive
Miami Beach FL 33139
CiTYOFM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENT Tl
@ACORDCORPORATION 1988
ACORD 25 (2001108)
:
00710. FORM OF PERFORMANCE BOND
Bondi 013019158
BY THIS BOND, We Ric-Man Intertl4t1onal, Inc. , as
Principal, hereinafter called DESIGNlBUILD FIRM, and
Liberty Mutual Insurance Company, as Surety, are bound to the City of Miami
Beach. Flnrida"l as Obliaeeli hAreinafter called CITY, in the amount of
TWenty-Sevexi"HI... ion one lIun red-
ten thousand two hundred twenty-lilollars ($27,1l0,221'*for the payment whereof
offdMII88Ut~B FIRM and Surety bind themselves, their heirs, executors,
administrators, successors and assigns, Jointly and severally.
WHEREAS, DESIGNlBUILD FIRM has by written agreement antered into a
Contract, Bid/Contract No": ITBI36-05/06 , awarded the 17th day of
January , 20~. with CITY which Contract and Bid Package are by
reference incorporated herein and made a part hereof, and specifically include provision
for liquidated damages, and other damages identified, and for the purposes of this Bond
are hereafter referred to as the .Contract";
THE CONDITiON OF THiS BOND is that if DESIGNlBUILD FIRM:
1. Performs the Contract between DESIGNIBUILD FIRM and CITY for construction
of NeiRhborhood #7 Nautilus improvement project ,the Contract being
made a part of this Bond by reference, at the times and in the manner prescribed
in the Contract; and
2. Pays CiTY all losses, liquidated damages, expenses, costs and attorney's fees
including appellate proceedings, that CITY sustains as a result of default by
DESIGNlBUILD FIRM under the Contract; and
57BID NO: 36-05186
CITY OF MIAMI BEACH
57
FORM OF PERFORMANCE BOND
(Continued)
3. Perfonns the guarantee of all work and materials fumished under the Contract for
the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT
REMAINS IN FULL FORCE AND EFFECT.
Whenever DESIGN/BUILD FIRM shaD be, and declared by CITY to be, in default
under the Contract, CITY having perfonned CITY obligations thereunder, the
Surety may promptly remedy the default, or shall promptly:
3.1. Complete the Project in accordance with the terms and conditions of the
Contract and Bid Package; or
3.2. Obtain a bid or bids for completing the Project in accordance with the
tenns and conditions of the Contract and Bid Package, and upon
determination by Surety of the lowest responsible Bidder, or, if CITY
elects, upon determination by CITY and Surety joinUy of the lowest
responsible Bidder, arrange for a contract between such Bidder and
CITY, and make available as work progresses (even though there
should be a default or a succession of defaults under the Contract or
Contracts of completion arranged under this paragraph) sufficient funds
to pay the cost of completion less the belance of the Contract Price; but
not exceeding, including other costs and damages for which the Surety
may be liable hereunder, the amount set forth in the first paragraph
hereof. The term "balance of the Contract Price," as used in this
paregraph, shall mean the total amount payable by CITY to
DESIGN/BUILD FIRM under the Contract and any amendments thereto,
less the amount property paid by CITY to DESIGN/BUILD FIRM.
No right of action shall accrue on this bond to or for the use of any person or
corporation other than CITY named herein.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract and Bid Package and compliance or noncompliance with any formalities
connected with the Contract or the changes does not affect Surety's obligation
under this Bond.
Signed and sealed this 22nd . day of January
,2007 .
58BID NO: 36-05186
CITY OF MIAMI BEACH
58
FORM OF PERFORMANCE BOND
(Continued)
DESIGNIBUILD FIRM
By:
&ie-Man International, Ine.
.~ of Corpora:n)
(Signature)
David Mancini, President
(CORfORATE SEAL)
(Print Name and Title)
IN THE PRESENCE OF:
-~-&
INSURANCE COMPANY:
Liberty Mutual Insurance Company
By: "'---
nt and Attome '-In-Fact
ason Rtlgers
Address: 5600 New King Street, Ste 360
Troy, MI 1~8Jct)
(City/StateJZip Code)
Telephone No.: 248-643-7475
S9BID NO: 36-051G6
CITY OF MIAMI BEACH
S9
BondI 013019158
I 00720. FORM OF PAYMENT BOND
BY THIS BOND, We ate-Man International, Inc. , as
Principal, hereinafter called DESIGN/BUILD FIRM, and
Liberty Mutual Insurance Company, as Surety, are bound to the City of Miami
Beach, Florid~'las Obligee, d hereinafter called CITY, in the amount of
TWenty-seven ~ lion one hun red ten
thousand two hundred twenty-one Dollars ($ 27,110,221*"1 for the payment
whereof DESIGNIBUILD FIRM and Surety bind themselves, their heirs, executors,
administrators, successors and assigns, joinUy and severally.
WHEREAS, DESIGNIBUILD FIRM has by written agreement entered into a
Contract, Bid/Contract No.: ITBI36-05/06 , awarded the Uth day of
January _, 20~, with CITY which Contract and Bid Package are by
reference incorporated herein and made a part hereof, and specifically include proVision
for liquidated damages, and other damages identified, and for the purposes of this Bond
are hereafter referred to as the .Contract";
THE CONDITION OF THIS BOND is that if DESIGNlBUILD FIRM:
1. Pays CITY all losses, liquidated damages, expenses, costs and attomey's fees
Including appellate proceedings, that CITY sustains because of default by
DESiGNlBUILD FIRM under the Contract; and
2. Promptly makes payments to all claimants as defined by Florida Statute
255.05(1) for all labor, materials and supplies used direcUy or indirectly by
DESIGNIBUILD FIRM in the perfonnance of the Contract;
THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT
SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO
THE FOLLOWING CONDITIONS:
2.1. A claimant, except a laborer, who is not in privity with DESIGN/BUILD
FIRM and who has not received payment for Its labor, materials, or
supplies shall, within forty-five (45) days after beginning to fumish labor,
materials, or supplies for the prosecution of the work. fumish to
DESIGNIBUILD FIRM a notice that he intends to look to the bond for
protection.
60BID NO: 36-05106
CITY OF MIAMI BEACH
60
FORM OF PAYMENT BOND
(Continued)
2.2. A claimant who is not in privity with DESIGN/BUILD FIRM and who has
not received payment for Its labor. materials, or supplies shall. within
ninety (90) days after performance of the labor or after complete delivery
of the materials or supplies. deliver to DESIGNIBUILD FIRM and to the
Surety, written notice of the perfonnance of the labor or delivery of the
materials or supplies and of the nonpayment.
2.3. No action for the labor, materials, or supplies may be Instituted against
DESIGNIBUILD FIRM or the Surety unless the notices stated under the
preceding conditions (2.1) and (2.2) have been given.
2.4. Any action under this Bond must be instituted in accordance with the
Notice and Time Limitations provisions prescribed In Section 255.05(2),
Florida Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract and Bid Package and compliance or noncompliance with any formalities
connected with the Contract or the changes does not affect the Surety's
obligation under this Bond.
Signed and sealed this 22nd day of January , 20~.
DESIGN/BUILD FIRM
ATTEST:
By:
Ric-Man International. Inc.
~Ofco::.on)
(SignatUi'e)
(Corporate Seal)
David Mancini, President
(Print Name and Title)
~~ayof j~,2001 .
61 BID NO: 36-05/86
CITY OF MIAMI BEACH
61
IN THE PRESENCE OF:
~~
62BID NO: 36-05106
INSURANCE COMPANY:
Liberty Mutual Insurance Company
By:
nt and Attorn y-In-Fact
on Rogers, Attorney-in-Fact
Addness: 5600 New Kin2 StreeT, Ste. 360
(Street)
Troy, MI 48098
(City/StatelZip Code)
Telephone No.:
248-643-7475
CITY OF MIAMI BEACH
62
. '.
THIS POWER OF ATTORNEY IS NOT VAUD UNLESS IT IS PRINTED ON REO BACKGROUND,
1977252
1'hIa Power of AlIom8y limits lIIe _ of 1hose !IlI!II8CI1IereIn, end lheJ '- no aulhorlty to bInlIlIIe ComplIny except illllle IIIllIVIOI' and to lIIe
_ hereIn__
UBERTY MUlUAL 1NlllJRANCl; COMPANY
BOSTON, MASSACHUSETTS
POWER OF ATTORNEY
KNOW AlL PERSONS BY TH!:$IiPIlESENTS: .
lhal Uberty Mutualll19Ul8l1Ce'i;Oropany (1hB~).a-~~ ~~;pur&Uar1tlO.1uld\ly IIUlhoriIy 0I1hB By-law and
AulhoIt2alIon ~r 1l8I1orIh;~ ~~ ~lIn(I~ KA~LEEN$Ai;9wITz,-1.YIf" M. WOUiC:fii:AGER. JASON A. ROGERS,
STEPHEN R. DEVORE, MAllCIE~1.1., A/..I-~FTHE~OFTROY. $TATj;()F ~ .....:....,,~..........._.._:~..:.;_.....___......_....___....__.......
~8iidiiid~NdY~Ii.iMR...b9;;;iiUi~~~.ii8~tnn;.~iii~r~tO.m~txi&U;:~~~.~~.~~b8iid";"jti"b8iiBiias
sul8\yand lIS 118 ad and deed.lVIY"'*.aI!!i:ll!8rtll1dng9, b9i.iQil.:.~8iw:f-~ obI~ and 1hB.~ 01_ undertakInga. bond9,
racognI_ and oIhBr SUI8\y obIIQl!IIQl'iI;ln::jlUl\llllII1lla Oftl'llise~$liilIbe.. birxIJng IlIlOI:ittje~ 8liJl1bey had been duly signed by IhB
presIdenI andalte9l8d by IhB 98Cr81aJjctf/lljoCompany In IheIrO\illl\l(o\lar~ '.' .' . .
. n. _, 0_' _._ ."'__ _._"_'_ '_',"__
lhal thI9 power I. mads and _ad PU--" to and by~OI the~'9 By-law andAutho~li6n: .
ARTICLE XIII. ExaculIon 01 Contracl9: SecIIan 5.SUI8\y'1lOnda and Ur1dartaklng9. i
=1 My officar of IhB Company 8\IIhOItzsd lor thai PUIJlO9llIn writing by IhB dlaIrinan or IhB ~ and ~ to 9UCh lI"liIalko.. as IhB chairman or 01
IhB presIdont may pragcribe. shall appoInI 9UCh attonlOys'In4ac as may be ~ to act In behalf 0I1hB Company to mak8, exacuta. saaJ.
aclulOwIsdge and deIIIIer as SUI8Iy lVIY and aft undarlaldngs, bonds, racogrUance$ and _ SUI8\y obIIgaIIcln8. SUch ~ 9UbIacI \0
. IhB IrnIta1IoIls set forth In their raapactI\Ie pllW8I9 of attorney, shall have lull power \0 bind IhB Company by their sIgnalura and 8lC8CU1ion oIlVIY _ j
t I lnelrumsnls and \0 atlach tharato IhB saaJ oIlhB Company. Whsn so8X8CUlsd such I~ shall be.. ~.. n signed by IhB \I_and .a
! _ by IhB $8CI8faJy. ~
= By IhB foIIowlng lnelrument IhB chairman or IhB \1_ has au1hllrizad the officar or _ oIIIcIaI namad - \0 appoInIallorJleylHrHact = S
!i. =~..:.;Z~r~=::=~~~~':':=:t;'.: ~
J! lhallhBBy.Jaw and IhB AuthorlmIIot, Il8IIorIh above are bu& coplea thanloI and ""' !lOW in full flJl1;ll and aBaci. i III
" - - ." - - - - - - - _." - - - -"
Eli IN WITNESS WHEREOF, thI9 Power of AItomey has been 9Ubocribed by an 8\IIhOItzsd oIfIcer or oIIIcIaI oIlhB Company and the c:orporaIe saaJ of Uberty 01""
J z: Mutual Insurance Company has been aIIIxed _In PIymQuth MeetIng. PennsylVanIa thI9 61h day 01 Jutv . 2006 . i!
.'" ~
i i UBERTY 1lUTUAL1NlllJRANCl; COMPANY ~ ~
JI COM~EALTHOFPENNSYLVAN~ as ~~,~~~~ 1i
~i :::~:MERY July , 2006 ,before me, /lNoIalyPlMl, personaI~ CIlITl8 GIl'1J8I W. EHklII \0 me known, and II
i . ~=of=~:::'tM~of~~:;~=~"':u,U;~~~IhB"1~.~':=,,1hB 'ij
Ii ='....I'.:-~. r ..".,.oot~:''''''S'i'!'~''''~~ M.....~_... t~
~ o. ~~ /. "::SooI y ..........~.~..........................u j) +- ..'........L...................... olf
OF." T___IWo.~ .~. ....
~T.....MongolmolyCouo'>' . ""....... ....
"'~_Mlv.28.2IlI>>. ..........
CERTIFICATE .......,.;~-~.J!:...I~.~;-. ',--..- ".'.'" , , -
. ..........~ 1~~id9hor!1bY...~' thsI1ho>.~~...I"JWIirCll~j)t~1l1O!orlIgoInjj Is. fuI,.... SIId_
copy, IS In "'I "'"'" SlId _~lhl(csrIIIIcaIo; SlId I doJUithi;tcsdil1lhaflhs _ oi~ whoalillCdliii!.....i(pOw9r 01 allOrIlsy is on -.. Sec;nolaIy
opOdaIy'- bV lhschslrm8n.orlhs"'-" to -""9tIOn\SYlO'In4aCiiili~ In_ X1n,~~ oIlhs~orU:Nwty M_I_ eompsny.
_ _ and 1110 _ _ 01 allOrIlsy II\lll' be Iignsd by __ or rnechsnlcSIIy rspIOdlo:sd signa..... undsr and by llllIhcrIIy 011110 fO-.g '""" 011110 boon! .,
_ 0I1.I>srly MuIusIInsuraIm eompsny at 011lllOling~ _ SlId hiIId..1ho 12th day oIl!sroh, 1980.
V01ED thsIlho _ or mscl1snk:alIy rspIOdlo:sd signa'" 01 any _ _ oIlho oompsny, _~ -' 0 ...- copy oIony _ 01
_1_ by Ih. ~ In cor._wIIh oursty bonds, _ be void SlId binding upon 1l1O oompsny wllhlhs..... "'"'" and _ sslhcJuQll monusIly_.
. . ,jt)
INTESTIMONYWHEREOF,I____mynsmssnd.._lhs_-oIlhossk!oompsny.1h1tl a.;t . dsyol0AtJ~. d(J7)]
~~Z'~-~
00708. FORM CERTIFICATE OF INSURANCE
A form Certificate of Insurance will be attached here.
(SEE ATTACHED)
56BID NO: 36-05/06
CITY OF MIAMI BEACH
56
"
00710. FORM OF PERFORMANCE BOND
BY THIS BOND, We
, as
Principal, hereinafter called DESIGN/BUilD FIRM, and
, as Surety, are bound to the City of Miami
Beach, Florida, as Obligee, hereinafter called CITY, in the amount of
Dollars ($__ ) for the payment whereof
DESIGN/BUilD FIRM and Surety bind themselves," their heirs, executors,
administrators, successors and assigns. jointly and severally.
WHEREAS, DESIGN/BUilD FIRM has by written agreement entered into a
Contract. Bid/Contract No.: _._______, awarded the _ day of
_.____._____.___, 20__. with CITY which Contract and Bid Package are by
reference incorporated herein and made a part hereof, and specifically include provision
for liquidated damages, and other damafJes identified. and for the purposes of this Bond
are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if DESIGN/BUilD FIF\M:
I 1. Performs the Contract between DESIGN/BUilD FIR!\!! and CITY for construction
of _._ _______,__.__.___ ____, the Contract being
made a part of this Bond by reference, at the times a:ld in the manner prescribed
in the Contract; and
2, Pays CITY all losses, liquidated damages, expenses, costs and attorney's fees
including appellate proceedings, that CITY sustains as a result of default by
DESIGN/BUIl.D FIRM under the Contract; and
57BID NO: 36-05/06
CITY OF MIAMI BEACH
57
",..,
FORM OF PERFORMANCE BOND
(Continued)
3. Performs the guarantee of all work and materials furnished under the Contract for
the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT
REMAINS IN FULL FORCE AND EFFECT.
Whenever DESIGN/BUILD FIRM shall be, and declared by CITY to be, in default
under the Contract, CITY having performed CITY obligations thereunder, the
Surety may promptly remedy the default, or shall promptly:
3.1. Complete the Project in accordance with the terms and conditions of the
Contract and Bid Package; or
3.2.
,I
Obtain a bid or bids for completing the Project in accordance with the
terms and conditions of the Contract and Bid Package, and upon
determination by Surety of the lowest responsible Bidder, or, if CITY
elects, upon determination by CITY and Surety jointly of the lowest
responsible Bidder, arrange for a contract between such Bidder and
CITY, and make available as work progresses (even though there
should be a default or a succession of defaults under the Contract or
Contracts of completion arranged under this paragraph) sufficient funds
to pay the cost of completion less the balance of the Contract Price; but
not exceeding, including other costs and damages for which the Surety
may be liable hereunder, the amount set forth in the first paragraph
hereof. The term "balance of the Contract Price," as used in this
paragraph, shall mean the total amount payable by CITY to
DESIGN/BUILD FIRM under the Contract and any amendments thereto,
less the amount properly paid by CITY to DESIGN/BUILD FIRM.
No right of action shall accrue on this bond to or for the use of any person or
corporation other than CITY named herein.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract and Bid Package and compliance or noncompliance with any formalities
connected with the Contract or the changes does not affect Surety's obligation
under this Bond.
Signed and sealed this
day of
,20
58BID NO: 36-05/06
CITY OF MIAMI BEACH
58
WITNESSES:
FORM OF PERFORMANCE BOND
Secretary
(CORPORATE SEAL)
IN THE PRESENCE OF:
--------
-----------
;;.:I1L_________________
59BlD NO: 36-05/06
(Continued)
DESIGN/BUILD FIRM
(Name of Corporation)
By:
(Signature)
(Print Name and Title)
INSURANCE COMPANY:
By:
-
Agent and Attorney..in-Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
CITY OF MIAMI BEACH
59
.
. ,.\..,
00720. FORM OF PAYMENT BOND
BY THIS BOND, We
, as
Principal,
hereinafter
called
DESIGN/BUILD
FIRM,
and
, as Surety, are bound to the City of Miami
Beach, Florida, as Obligee, hereinafter called CITY, in the amount of
Dollars ($ ) for the payment
whereof DESIGN/BUILD FIRM and Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally.
WHEREAS, DESIGN/BUILD FIRM has by written agreement entered into a
Contract, Bid/Contract No.: _, awarded the ___ day of
___.' 20__, with CITY which Contract and Bid Package are by
reference incorporated herein and made a part hereof, and specifically include provision
for liquidated damages, and other damages identified, and for the purposes of this Bond
are hereafter referred to as the "Contract";
'-HE CONDITION OF THIS BOND is that if DESiGN/BUILD FIRM:
it. Pays CITY all losses, liquidated damages, expenses, costs and attorney's fees
./ including appellate proceedings, that CITY sustains because of default by
DESIGN/BUILD FIRM under the Contract; and
2. Promptly makes payments to all claimants as defined by Florida Statute
255.05(1) for all labor, materials and supplies used directly or indirectly by
DESIGN/BUILD FIRM in the performance of the Contract;
THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT
SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO
THE FOLLOWING CONDITIONS:
2.1. A claimant, except a laborer, who is not in privity with DESIGN/BUILD
FIRM and who has not received payment for its labor, materials, or
supplies shall, within forty-five (45) days after beginning to furnish labor,
materials, or supplies for the prosecution of the work, furnish to
DESIGN/BUILD FIRM a notice that he intends to look to the bond for
protection.
60BIO NO: 36-05/06
CITY OF MIAMI BEACH
60
FORM OF PAYMENT BOND
(Continued)
2.2. A claimant who is not in privity with DESIGN/BUilD FIRM and who has
not received payment for its labor, materials, or supplies shall, within
ninety (90) days after performance of the labor or after complete delivery
of the materials or supplies, deliver to DESIGN/BUilD FIRM and to the
Surety, written notice of the performance of the labor or delivery of the
materials or supplies and of the nonpayment.
2.3. No action for the labor, materials, or supplies may be instituted against
DESIGN/BUilD FIRM or the Surety unless the notices stated under the
preceding conditions (2.1) and (2.2) have been given.
2.4. Any action under this Bond must be instituted in accordance with the
Notice and Time Limitations provisions prescribed in Section 255.05(2),
Florida Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract and Bid Package and compliance or noncompliance with any formalities
~onnected with the Contract or the changes does not affect the Surety's
obligation under this Bond.
.!Signed and sealed this _____ day of
,20_.
DESIGN/BUilD FIRM
ATTEST:
(Name of Corporation)
By:
(Signature)
(Secretary)
(Corporate Seal)
(Print Name and Title)
_ day of
,20_.
61 BID NO: 36-05/06
CITY OF MIAMI BEACH
61
IN THE PRESENCE OF:
62BID NO: 36-05/06
INSURANCE COMPANY:
By:
Agent and Attorney-in-Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
CITY OF MIAMI BEACH
62
."'"
00721. CERTIFICATE AS TO CORPORATE PRINCIPAL
I, ' certify that I am the
Secretary of the corporation named as Principal in the foregoing Performance and
Payment Bond (Performance Bond and Payment Bond); that
, who signed the Bond(s) on behalf of the Principal, was
then of said corporation; that I know his/her signature; and his/her
signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and
attested to on behalf of said corporation by authority of its governing body.
(SEAL)
Secretary (on behalf of)
Corporation
STATE OF FLORIDA )
) 58
)COUNTY OF MIAMI-DADE )
.~ Before me, a Notary Public duly commissioned, qualified and acting personally,
appeared to me well known, who
being by me first duly sworn upon oath says that he/she has been authorized to execute
the foregoing Performance and Payment Bond (Performance Bond and Payment Bond)
on behalf of DESIGN/BUILD FIRM named therein in favor of CITY.
Subscribed and
Sworn
,20__
to
before
me
this
day
of
-----------
My commission expires:
Notary Public, State of
Bonded
by
63BIO NO: 36-05/06
CITY OF MIAMI BEACH
63
00735. PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL LETTER OF CREDIT:
Date of Issue
Issuing Bank's No.
Beneficiarv:
Aoolicant:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Amount:
in United States Funds
Expiry:
(Date)
Bid/Contract Number
We hereby authorize you to draw on
(Bank, Issuer name)
at
(branch address)
by order
of and for the account of
(Design/Build Firm, applicant, customer)
up to an aggregate amount, in United States Funds, of
by your drafts at sight, accompanied by:
available
1. A signed statement from the City Manager or his authorized designee, that the
drawing is due to default in performance of certain obligations on the part
(design/build firm. applicant, customer) agreed upon by
and between the City of Miami Beach, Florida and
(design/build firm), pursuant to the (applicant. customer)
Bid/Contract No. for (name of project) and Section
255.05, Florida Statutes.
Drafts must be drawn and negotiated not later than
(expiration date)
64BID NO: 36-05/06
CITY OF MIAMI BEACH
64
Drafts must bear the clause: "Drawn under Letter of Credit No.
(Number), of (Bank name) dated
This Letter of Credit shall be renewed for successive periods of one (1) year each
unless we provide the City of Miami Beach with written notice of our intent to terminate
the credit herein extended, which notice must be provided at least thirty (30) days prior
to the expiration date of the original term hereof or any renewed one (1) year term.
Notification to the CITY that this Letter of Credit will expire prior to performance of the
contractor's obligations will be deemed a default.
This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking
shall not in any way be modified, or amplified by reference to any documents,
instrument, or agreement referred to herein or to which this Letter of Credit is referred or
this Letter of Credit relates, and any such reference shall not be deemed to incorporate
herein by reference any document, instrument, or agreement.
We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn
under and in compliance with the terms of this credit that such drafts will be duly
honored upon presentation to the drawee.
Obligations under this Letter of Credit shall be released one (1) year after the Final
Completion of the Project by the
(Design/Build Firm, applicant, customer)
lrhis Credit is subject to the "Uniform Customs and Practice for Documentary Credits,"
'International Chamber of Commerce (1993 revision), Publication No. 500 and to the
provisions of Florida law. If a conflict between the Uniform Customs and Practice for
Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict
between the law of another state or country and Florida law should arise, Florida law
shall prevail.
Authorized Signature
65BIO NO: 36-05/06
CITY OF MIAMI BEACH
65
00925. CERTIFICATE OF SUBSTANTIAL COMPLETION
(For example purposes only)
PROJECT:
(name, address)
CONSULTANT:
BID/CONTRACT NUMBER:
TO (CITY):
DESIGN/BUILD FIRM:
CONTRACT FOR:
NOTICE TO PROCEED DATE:
DATE OF ISSUANCE:
PROJECT OR DESIGNATED PORTION SHALL INCLUDE:
The Work performed under this Contract has been reviewed and found to be
substantially complete and all documents required to be submitted by DESIGN/BUILD
FIRNt under the Contract Documents have been received and accepted. The Date of
Substantial Completion of the Project or portion thereof designated above is hereby
established as
which is also the date of commencement of applicable warranties required by the
Contract Documents, except as stated below.
DEFINITION OF DATE OF SUBSTANTIAL COMPLETION
The Date of Substantial Completion of the Work or portion
thereof designated by CITY is the date certified by
CONSULTANT when all conditions and requirements of
permits and regulatory agencies have been satisfied and the
Work, is sufficiently complete in accordance with the
Contract Documents, so the Project is available for beneficial
occupancy by CITY. A Certificate of Occupancy must be
issued for Substantial Completion to be achieved, however,
the issuance of a Certificate of Occupancy or the date
thereof are not to be determinative of the achievement or
date of Substantial Completion.
66BIO NO: 36-05/06
CITY OF MIAMI BEACH
66
A list of items to be completed or corrected, prepared by CONSULTANT and approved
by CITY, is attached hereto. The failure to include any items on such list does not alter
the responsibility of DESIGN/BUILD FIRM to complete all work in accordance with the
Contract Documents. The date of commencement of warranties for items on the
attached list will be the date of final payment unless otherwise agreed in writing.
DATE
CONSULTANT
BY
In accordance with Section 2.2 of the Contract, DESIGN/BUILD FIRM will complete or
correct the work on the list of items attached hereto within
from the above Date of Substantial Completion.
CONSULTANT
BY
DATE
CITY, through the Contract Administrator, accepts the Work or portion thereof
des'nated by CITY as substantially complete and will assume full possession thereof at
_~______ (time) on _.____._~ (date).
City,pf Miami Beach, Florida
By Contract Administrator
Date
The responsibilities of CITY and DESIGN/BUILD FIRM for security, maintenance, heat,
utilities, damage to the work and insurance shall be as follows:
67BID NO: 36-05/06
CITY OF MIAMI BEACH
67
00926. FINAL CERTIFICATE OF PAYMENT
(For example purposes only)
PROJECT:
(name, address)
CONSULTANT:
BID/CONTRACT NUMBER:
TO (CITY):
DESIGN/BUILD FIRM:
CONTRACT FOR:
NOTICE TO PROCEED DATE:
DATE OF ISSUANCE:
All conditions or requirements of any permits or regulatory agencies have been
satisfied. The documents required by Section 5.2 of the Contract, and the final bill of
materials, if required, have been received and accepted. The Work required by the
Contract Documents has been reviewed and the undersigned certifies that the Work,
including minor corrective work, has been completed in accordance with the provision of
the Contract Documents and is accepted under the terms and conditions thereof.
CONSULTANT
BY
DATE
CITY, through the Contract Administrator, accepts the work as fully complete and will
assume full possession thereof at
(time)
(date).
City of Miami Beach, Florida
By Contract Administrator Date
68BID NO: 36-05/06
CITY OF MIAMI BEACH
68
.".'.:f,'
00930. FORM OF FINAL RECEIPT:
(For example purposes only)
[The following form will be used to show receipt of final payment for this Contract.]
FINAL RECEIPT FOR CONTRACT NO.
Received this day of ' 20 , from City
of Miami Beach, Florida, the sum of Dollars
($ ) as full and final payment to DESIGN/BUILD FIRM for all work and
materials for the Project described as:
This sum includes full and final payment for all extra work and material and all
Incidentals.
DESIGN/BUILD FIRM hereby indemnifies and releases CITY from all liens and
claims whatsoever arising out of the Contract and Project.
DESIGN/BUILD FIRM hereby certifies that all persons doing work upon or
furnishing materials or supplies for the Project have been paid in full. In lieu of this
Itertification regarding payment for work, materials and supplies, DESIGN/BUILD FIRM
... \nay submit a consent of surety to final payment in a form satisfactory to CITY.
DESIGN/BUILD FIRM further certifies that all taxes imposed by Chapter 212,
Florida Statutes (Sales and Use Tax Act), as amended, have been paid and discharged.
[If incorporated sign below.]
DESIPN/BUILD FIRM
A nEST:
(Name of Corporation)
By:
(Signature)
(Secretary)
(Print Name and Title)
(Corporate Seal)
_ day of
,20_.
69BIO NO: 36-05/06
CITY OF MIAMI BEACH
69
F:\A TTO\AGUR\AGREEMNTlfrontendlstdfrm.frtend.fnl.doc
70BID NO: 36-05/06
CITY OF MIAMI BEACH
70
[If not incorporated sign below.]
WITNESSES:
F:\A TTOIAGlIRIAGREEMNTlfronlendlstdfrm.frtend.fnl.doc
7IBID NO: 36-05/06
DESIGN/BUILD FIRM
By:
(Name of Firm)
(Signature)
(Print Name and Title)
_ day of
CITY OF MIAMI BEACH
71
,20_,
[X] 00950. CONCEPTUAL PLANS:
* NOTE: Volume 3 . Conceptual Plans are available for this bid but must be
ordered through T-Square Miami (305) 324-1234. The attached order form on
page 11 of this Bid package must be completed and returned to T -Square Miami
before prospective bidders will receive requested plans. Following is a list of
Conceptual Plans of the bid set.
Conceptual Plans
DESIGN CRITERIA PACKAGE
VOLUME 3 - CONCEPTUAL PLANS
Following this page is a listing of all Conceptual Plans within Volume 3.
BID NO: 36-05/06
DATE: 06/22/06
CITY OF MIAMI BEACH
72
;>l,
'~J~.~I 'I",
,,+ "
CITY OF MIAMI BEACH
RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM
NEIGHBORHOOD NO.: 7 - NAUTILUS
COVER
G002
G003
G004
G005
G006
G007
DESIGN CRITERIA PACKAGE
VOLUME 3 - CONCEPTUAL PLANS
Cover Sheet and Index of Drawings
General Notes, Abbreviations, & Legends
Existing Structures
Not Included
Key Map
Key Map
Key Map
Existing Condition
EC001
EC002
EC003
ECOO4
fECOO5
i~1I:COO6
~ECOCl7
, EC009
.<.EC010
"t:C011
EC012
EC013
EC014
EC015
EC016
EC017
EC018
EC019
EC020
EC021
EC022
EC023
EC024
EC025
EC026
EC027
EC028
EC029
North Bay Road, STA 100+00.00 to 107~:75.oo
North Bay Road, STA 107+75.00 to 115+90.00
North Bay Road, ST A 115+90.00 to 125+50.00
North Bay Road, STA 125+50.00 to 1:35+25.00
North Bay Road. STA 135+25.00 to 142+&,3.13
N. Lenox Ave & Nautilus Dr.
Nautilus Drive, STA 213+50.00 to 223+00.00
Nautilus Drive, STA 223'''00.00 to 232+00.00
~autilus Court
N. Michigan Ave, STA 104+50.00 to 113-l-75.00
. Michigan Ave, STA 113+75.00 to 123~'60.00
. Michigan Ave, STA 123+60.00 to 133+50.54
orth Michigan Ave. & North Jefferson Ave.
. Jefferson Ave, STA 300+60.95 to 310+25.00
. Jefferson Ave, STA 310+25.00 to 318+46.58
ams Ave, STA 400+69.50 to 410+25.00
dams Ave, STA 410+25.00 to 419+23.37
. Meridian Ave, STA 500+71.71 to 510+25.00
. Meridian Ave, STA 510+25.00 to 520+00.00
. Meridian Ave, STA 520+'00.00 to 529+80.00
. Meridian Ave, STA 529+80.00 to 539+35.56
est 48111 Street & West 43r1! Street
est 42nd Street
est 43'd Court
est 44th Court, STA 900+88.40 to 910+00.00
est 44th Court & West 46th Street
West 46111 Street, STA 602+20.00 to 612+00.00
West 46th Street & West 47'h Court
BID NO: 36-05/06
DATE: 06/22/06
CITY OF MIAMI BEACH
73
EC030
EC031
EC032
EC033
EC034
EC035
EC036
EC037
EC038
EC039
EC040
EC041
EC042
EC043
EC044
EC045
EC046
EC047
EC048
EC049
EC050
EC051
EC052
EC053
EC054
.. EC055
West 47'h Court, STA 805+00.00 to 812+62.89
West 47'h Street, STA 700+00.00 to 709+50.00
West 47th Street, STA 709+50.00 to 195+00.00
West 47'h Street, STA 195+00.00 to 204+00.00
West 47th Street & Chase Ave.
Chase Ave, STA 99+40.00 to 109+10.59
Prairie Ave, STA 95+95.03 to 105+00.00
Prairie Ave, STA 105+00.00 to 114+00.00
Prairie Ave, STA 114+00.00 to 123+00.00
Prairie Avenue & Post Avenue
Post Avenue, STA 104+30.00 to 114+30.00
Post Avenue, STA 114+30.00 to 124+30.00
Post Avenue & Royal Palm Avenue
Royal Palm Ave, STA 101+00.00 to 107+20.00
Royal Palm Ave, STA 107+20.00 to 117+00.00
Royal Palm Ave, STA 117+00.00 to 126+20.00
Sheridan Ave, STA 97+34.42 to 106+00.00
Sheridan Ave, STA 106+00.00 to 116+00.00
Sheridan Ave, STA 116+00.00 to 123+66.67
West 42nd St, STA 197+19.30 to 206+00.00
West 42nd St & West 43rd St
West 43rd St & West 44th St.
West 44th St, STA 201+00.00 to 210+33.11
West 45th St, STA 196+80.06 to 206+00.00
West 45th St & West 46th St
West 46th St, STA 201 +00.00 to 209+14.26
Demolition Plan
OM001
DM002
OM003
DM004
DM005
DMOO6
DMOO7
DM008
DM009
DM010
DM011
OM012
DM013
DM014
DM015
DM016
DM017
DM018
BID NO: 36-05/06
DATE: 06/22/06
North Bay Road, STA 100+00.00 to 107+75.00
North Bay Road, STA 107+75.00 to 115+90.00
North Bay Road, STA 115+90.00 to 125+50.00
North Bay Road, STA 125+50.00 to 135+25.00
North Bay Road, STA 135+25.00 to 142+43.13
N. Lenox Ave & Nautilus Dr.
Nautilus Drive, STA 205+39.97 to 213+50.00
Nautilus Drive, STA 213+50.00 to 223+00.00
Nautilus Drive, STA 223+00.00 to 232+00.00
Nautilus Court
N. Michigan Ave, ST A 104+50.00 to 113+75.00
N. Michigan Ave, STA 113+75.00 to 123+60.00
N. Michigan Ave, STA 123+60.00 to 133+50.54
North Michigan Ave. & North Jefferson Ave.
N. Jefferson Ave, STA 300+60.95 to 310+25.00
N. Jefferson Ave, STA 310+25.00 to 318+46.58
Adams Ave, STA 400+69.50 to 410+25.00
Adams Ave, STA410+25.00 to 419+23.37
CITY OF MIAMI BEACH
74
DM019
DM020
DM021
DM022
DM023
DM024
DM025
DM026
DM027
DM028
DM029
DM030
DM031
DM032
DM033
DM034
DM035
DM036
DM037
DM038
DM039
DM040
DM041
DM042
DM043
DM044
A OM045
DM046
OM047
DM048
DM049
OMOsa
DM051
DM052
DM053
DM054
DM055
N. Meridian Ave, STA500+71.71 to 510+25.00
N. Meridian Ave, STA 510+25.00 to 520+00.00
N. Meridian Ave, STA 520+00.00 to 529+80.00
N. Meridian Ave, STA 529+80.00 to 539+35.56
West 48th Street & West 43nl Street
West 42nd Street
West 43nl Court
West 44th Court, STA 900+88.40 to 910+00.00
West 44th Court & West 46th Street
West 46th Street. STA 602+20.00 to 612+00.00
West 48th Street & West 47th Court
West 47th Court, STA 805+00.00 to 812+62.89
West 47th Street, STA 700+00.00 to 709+50.00
West4ih Street, STA 709+50.00 to 195+00.00
West 47th Street, STA 195+00.00 to 204+00.00
West 4-rt' Street & Chase Ave.
Chase Ave, STA 99+40.00 to 109+10.59
Prairie Ave, STA 95+95.03 to 105+00.00
Prairie Ave, STA 105+00.00 to 114+00.00
Prairie Ave, STA 114+00.00 to 123+00.00
Prairie Avenue & Post Avenue
Post Avenue, STA 104+30.00 to 114+30.00
Post Avenue. STA 114+30.00 to 124+30.00
Post Avenue & Royal Palm Avenue
Royal Palm Ave, STA 101+00.00 to 107+20.00
Royal Palm Ave, STA 107+20.00 to 117+00.00
Royal Palm Ave, STA 117+00.00 to 126+20.00
Sheridan Ave, STA 97+34.42 to 106+00 00
Sheridan Ave, STA 106+00.00 to 116+00.00
Sheridan Ave, STA 116+00.00 to 123+66.67
West 42nd St, STA 197+19.30 to 206+00.00
West 42nd St & West 43'd St
West 43nl St & West 44th 51.
West 44th St, STA 201+00.00 to 210+33.11
West 45th St, STA 196+80.06 to 206+00.00
West 45th St & West 46th St
West 46th St, STA 201+00.00 to 209+14.26
Paving, Grading & Drainage Plans
PG&D001 North Bay Road, STA 100+00.00 to 107+75.00
PG&D002 North Bay Road, STA 107+75.00 to 115+90.00
PG&D003 North Bay Road, STA 115+90.00 to 125+50.00
PG&D004 North Bay Road, STA 125+50.00 to 135+25.00
PG&D005 North Bay Road, STA 135+25.00 to 142+43.13
PG&D006 N. Lenox Ave & Nautilus Dr.
PG&D007 Nautilus Drive, STA 205+39.97 to 213+50.00
BID NO: 36-05/06
DATE: 06/22/06
CITY OF MIAMI BEACH
75
PG&D008
PG&D009
PG&D010
PG&D011
PG&D012
PG&D013
PG&D014
PG&D015
PG&D016
PG&D017
PG&D018
PG&D019
PG&D020
PG&D021
PG&D022
PG&D023
PG&D024
PG&D025
PG&D026
PG&D027
PG&D028
PG&D029
PG&D030
PG&D031
0> PG&D032
PG&D033
PG&D034
PG&D035
PG&D036
PG&D037
PG&D038
PG&D039
PG&D040
PG&D041
PG&D042
PG&D043
PG&D044
PG&D045
PG&D046
PG&D047
PG&D048
PG&D049
PG&D050
PG&D051
PG&D052
PG&D053
BID NO: 36-05/06
DATE: 06/22/06
Nautilus Drive. STA 213+50.00 to 223+00.00
Nautilus Drive. STA 223...00.00 to 232+00.00
Nautilus Court
N. Michigan Ave. STA 104+50.00 to 113+75.00
N. Michigan Ave, STA 113+75.00 to 123+60.00
N. Michigan Ave, STA 123+60.00 to 133+50.54
North Michigan Ave. & North Jefferson Ave.
N. Jefferson Ave. STA 300+60.95 to 310+25.00
N. Jefferson Ave, STA 310+25.00 to 318+46.58
Adams Ave, STA 400+69.50 to 410+25.00
Adams Ave, STA 410+25.00 to 419+23.37
N. Meridian Ave. STA 500+71.71 to 510+25.00
N. Meridian Ave, STA 510"'25.00 to 520-tOO.00
N. Meridian Ave, STA 520+00.00 to 529+80.00
N. Meridian Ave, STA 529+80.00 to 539+35.56
West 48th Street & West 43rd Street
West 42nd Street
West 43rd Court
West 44'" Court. STA 900+88.40 to 910+00.00
West 44'" Court & West 46t11 Street
West 46th Street, STA 602+20.00 to 612+00.00
West 46111 Street & West 4th Court
West 47th Court, STA 805-tOO.00 to 812+62.89
West 47th Street, STA 700+00.00 to 709+50.00
West 471h Street, STA709+50.00 to 195+00.00
West 47'h Street, STA 195+00.00 to 204-tOO.00
West 47'h Street & Chase Ave.
Chase Ave. STA 99+40.00 to 109+10.59
Prairie Ave, STA 95+95.03 to 105+00.00
Prairie Ave, STA 105"'00.00 to 114+00.00
Prairie Ave, STA 114+00.00 to 123+00.00
Prairie Avenue & Post Avenue
Post Avenue, STA 104+30.00 to 114+30.00
Post Avenue, STA 114+30.00 to 124+30.00
Post Avenue & Royal Palm Avenue
Royal Palm Ave. STA 101+00.00 to 107+20.00
Royal Palm Ave, STA 107+20.00 to 117+00.00
Royal Palm Ave, STA 117+00.00 to 126+20.00
Sheridan Ave. STA 97+34.42 to 106-tOO.00
Sheridan Ave, STA 106+00.00 to 116+00.00
Sheridan Ave. STA 116+00.00 to 123+66.67
West 4200 St, STA 197+19.30 to 206+00.00
West 4200 St & West 43'd St
West 43rd St & West 44th St.
West 44'" St, STA 201+00.00 to 210+33.11
West 45'" St, STA 196+80.06 to 206+00.00
CITY OF MIAMI BEACH
76
"~'I
PG&D054
PG&D055
PG&D057
PG&D058
i .~,.""
West 45th St & West 46th St
West 46th St, STA 201+00.00 to 209+14.26
Details
Details
Pavement Marking Plans
PMoo1
PM002
PM003
PM004
PM005
PM006
PM007
PM008
PM009
PM010
PM<l11
PM<l12
PM013
PM014
PM015
PM016
PM017
" PM018
,
... PM019
. . PM020
: PM021
PM022
PM023
PM024
PM025
PM026
PM027
PM028
PM029
PM030
PM031
PM032
PM033
PM034
PM035
PM036
PM037
PM038
PM039
PM040
North Bay Road, STA 100+00.00 to 107+75.00
North Bay Road, STA 107+75.00 to 115+90.00
North Bay Road, STA 115+90.00 to 125+50.00
North Bay Road. STA 125+50.00 to 135+25.00
North Bay Road, STA 135+25.00 to 142+43.13
N. Lenox Ave & Nautilus Dr.
Nautilus Drive, STA 205+39.97 to 213+50.00
Nautilus Drive, STA 213+50.00 to 223+00.00
Nautilus Drive, STA 223+00.00 to 232+00.00
Nautilus Court
N. Michigan Ave, STA 104+50.00 to 113+75.00
N. Michigan Ave, STA 113+75.00 to 123+60.00
N. Michigan Ave, STA 123+60.00 to 133+50.54
North Michigan Ave. & North Jefferson Ave.
N. Jefferson Ave, STA 300+60.95 to 3'10+25.00
N. Jefferson Ave, STA 310+25.00 to 318+46.58
Adams Ave, STA 400+69.50 to 410+25.00
Adams Ave, STA 410+25.00 to 419+23.37
N. Meridian Ave, STA 500+71.71 to 510+25.00
N. Meridian Ave, STA 510+25.00 to 520+00.00
N. Meridian Ave, STA 520+00.00 to 529+80.00
N. Meridian Ave, STA 529+60.00 to 539+35.56
West 48111 Street & West 43rd Street
West 42nd Street
West 43'" Court
West 44lh Court. STA 900+88.40 to 910+00.00
West 44lh Court & West 46th Street
West 46lh Street, srA 602+20.00 to 612+00.00
West 46th Street & West 47th Court
West 47lh Court, ST A 805+00.00 to 812+62.89
West 47'h Street, STA 700+00.00 to 709+50.00
West 47'h Street, SrA 709+50.00 to 195+00.00
West 47th Street, STA 195+00.00 to 204+00.00
West 47th Street & Chase Ave.
Chase Ave, STA 99+40.00 to 109+10.59
Prairie Ave, STA 95+95.03 to 105+00.00
Prairie Ave, STA 105+00.00 to 114+00.00
Prairie Ave, STA 114+00.00 to 123+00.00
Prairie Avenue & Post Avenue
Post Avenue, STA 104+30.00 to 114+30.00
BID NO: 36-05/06
DATE: 06/22/06
CITY OF MIAMI BEACH
77
PM041
PM042
PM043
PM044
PM045
PM046
PM047
PM048
PM049
PM050
PM051
PM052
PM053
PM054
PM055
PM056
PM057
Post Avenue, STA 114+30.00 to 124+30.00
Post Avenue & Royal Palm Avenue
Royal Palm Ave, STA 101+00.00 to 107+20.00
Royal Palm Ave, STA 107+20.00 to 117+00.00
Royal Palm Ave, STA 117+00.00 to 126+20.00
Sheridan Ave, STA 97+34.42 to 106+00.00
Sheridan Ave, STA 106+00.00 to 116+00.00
Sheridan Ave, STA 116+00.00 to 123+66.67
West 4200 St, STA 197+19.30 to 206+00.00
West 4200 St & West 43'd St
West 43rd St & West 44111 SI.
West 44111 St, STA 201+00.00 to 210+33.11
West 45lh St, STA 196+80.06 to 206+00.00
West 451h St & West 46lh St
West 46lh St, STA 201 +00.00 to 209+14.26
Details
Not Included
Water System Plan and Profiles
WM006B
WM007A
WM007B
WMOO8A
WM008B
WMOO9A
WM009B
WM010A
WM010B
WM011A
WM011B
WM012A
WM013A
WM013B
WM015A
WM017A
WM025A
WM025B
WM027B
WM028A
WM028B
WM029A
WM029B
WM030A
WM030B
WM031A
WM031B
BID NO: 36-05/06
DATE: 06/22/06
N. Lenox Ave & Nautilus Dr.
Nautilus Dr, STA 205+39,97 to 209+50.00
Nautilus Dr, STA 209+50.00 to 213+50.00
Nautilus Dr, STA 213+50.00 to 218+30.00
Nautilus Dr, STA 218+30.00 to 223+00.00
Nautilus Dr, STA 223+00.00 to 227"'70.76
Nautilus Dr, STA 227+70.76 to 232+00.00
Nautilus Court
Nautilus Court
N. Michigan Ave, STA 104+50.00 to 108+90.00
N. Michigan Ave, ST A 108+90.00 to 113+75.00
N. Michigan Ave, STA 113+75.00 to 118+68.42
N. Michigan Ave, STA 123+60.00 to 128+50.00
N. Michigan Ave, STA 128+50.00 to 133+50.54
N. Jefferson Ave, STA 300+60.95 to 305+50.00
Adams Ave, STA 400+69.50 to 405+50.00
West 43'" Street
West 43rd Court
West 46lh Street
West 46111 St, STA 602+20.00 to 607+00.00
West 46111 St, STA 607+00.00 to 612+00.00
West 461h Street
West 47111 Court
West 471h Ct, STA 805+00.00 to 810+00.00
West 47111 Ct, STA 810+00.00 to 812+62.89
West 4rch Ct, STA 700+00.00 to 704+50.00
West 4rch Ct, STA 704+50.00 to 709+50.00
CITY OF MIAMI BEACH
78
WM032A
WM032B
WM035A
WM035B
WM037 A
WM039B
WM040A
WM040B
WM041A
WM041 B
WM043B
WM044A
WM044B
WM046A
WM046B
WM047A
WM047B
WM048A
WM049A
WM050A
WM051B
WM053A
WM053B
WM054A
WM056
WM057
WM058
West 47th Ct. STA 709+50.00 to 714+20.00
West 47th Ct. STA 714+20.00 to 195+00.00
Chase Ave. STA 99+40.00 to 104+20.00
Chase Ave. STA 104+20.00 to 109+10.59
Chase Ave. STA 105+00.00 to 109+50.00
Post Avenue
Post Ave. STA 104+30.00 to 109+30.00
Post Ave. STA 109+30.00 to 114+30.00
Post Ave. STA 114+30.00 to 119+30.00
Post Ave. ST A 119+30.00 to 124+30.00
Royal Palm Ave, STA 104+00.00 to 107+20.00
Royal Palm Ave. STA 107+20.0010112+00.00
Royal Palm Ave. STA 112+00.0010117+00.00
Sheridan Ave. STA 97+34.42 to 101+00.00
Sheridan Ave, STA 101+00.00 to 106+00.00
Sheridan Ave. STA 106+00.00 to 111+00.00
Sheridan Ave, STA 111+00.00 to 116+00.00
Sheridan Ave, STA 116+00.00 to 120+50.00
West 42nd St. STA 197-1,19.30 to 201+00.00
West 42"d St & West 43"' 8t
West 43'" S1 & West 44th 5t
West 4511> St, ST A 196+80.03 to 201 +00.00
West 4511> St. STA 201+00.00 to 206+00.00
West 4511> Street
Water Main Details
Water Main Details
Water Main Details
Stormwater System Plan and Profile
SW006A
SW006B
SW007 A
SW007B
SW008A
SW008B
SW009A
SW009B
SW010A
SW010B
SW011A
SW011 B
SW012A
SW013A
SW013B
SW014A
SW014B
N. Lenox Avenue
Nautilus Drive
Nautilus Drive, STA 205+39.97 to 209+50.00
Nautilus Drive. STA 209+50.00 to 213+50.00
Nau1i1us Drive
Nau1i1us Drive
Nautilus Drive
Nautilus Drive
Nautilus Court
Nautilus Court
N. Michigan Ave, STA 104+50.00 to 108+90.00
N. Michigan Ave, STA 108+90.00 to 113+75.00
N. Michigan Avenue
N. Michigan Avenue
N. Michigan Avenue
N. Michigan Avenue
N. Jefferson Avenue
BID NO: 36-05/06
DATE: 06/22/06
CITY OF MIAMI BEACH
79
SW015A
SW016A
SW016B
SW018A
SW018B
SW019A
SW0198
SW020A
SW021 A
SW0218
SW022A
SW0228
SW023A
SW023B
SW024A
SW025A
SW0258
SW026B
SW027A
SW028A
SW028B
SW029A
SW030A
SW030B
SW031 A
SW031 B
SW056
N. Jefferson Avenue
N. Jefferson Avenue
N. Jefferson Avenue
Adams Avenue
Adams Avenue
N. Meridian Avenue
N. Meridian Ave, STA 505+50.00 to 510+25.00
N. Meridian Avenue
N. Meridian Avenue
N. Meridian Ave, STA 524+95.00 to 529+80.00
N. Meridian Avenue
N. Meridian Avenue
West 48th Street
West 43rd Street
West 42nc1 Street
West 43rd Court
West 43rd Court
West 44th Court
West 441h Court
West 46111 Street
West 46111 St, STA 607+00.00 to 612+00.00
West 46th Street
West 47th Court
West 47th Court, STA 810+00.00 to 812+69.89
West 47th Street
West 47th Street
Details
Lighting Plans
EOOO Electrical Notes and Legend
E007 Nautilus Drive, STA 205+39.97 to 213+50.00
E008 Nautilus Drive, STA 213+50.00 to 223+00.00
E009 Nautilus Drive, STA 223+00.00 to 232+00.00
E012 N. Michigan Ave, STA 113+75.00 to 123+60.00
E015 N. Jefferson Ave, STA 300+60.95 to 310+25.00
E016 N. Jefferson Ave, STA 310+25.00 to 318+46.58
EO 17 Adams Ave, STA 410+25.00 to 419+23.37
E020 N. Meridian Ave, STA 510+25.00 to 520+00.00
E026 West 44th Court, STA 900+88.40 to 910+00.00
E028 West 46th Street, STA 602+20.00 to 612+00.00
E034 West 47th Street & Chase Ave.
E035 Chase Ave, STA 99+40.00 to 109+10.59
E036 Prairie Ave, STA 95+95.03 to 105+00.00
E037 Prairie Ave, ST A 105+00.00 to 114+00.00
E038 Prairie Ave, STA 114+00.00 to 123+00.00
E039 Prairie Avenue & Post Avenue
BID NO: 36-05/06
DATE: 06/22/06
CITY OF MIAMI BEACH
80
E040 Post Avenue. ST A 104+30.00 to 114+30.00
E041 Post Avenue. STA 114+30.00 to 124+30.00
E042 Post Avenue & Royal Palm Avenue
E043 Royal Palm Ave. STA 101+00.00 to 107+20.00
E044 Royal Palm Ave. STA 107+20.00 to 117+00.00
E045 Royal Palm Ave. STA 117+00.00 to 126+20.00
E046 Sheridan Ave. STA 97+34.42 to 106+00.00
E047 Sheridan Ave. STA 106+00.00 to 116+00.00
E048 Sheridan Ave. STA 116+00.00 to 123+66.67
E049 West 42nd St. STA 197+19.30 to 206+00.00
E050 West 4200 St & West 43n1 St
E051 West 43n1 St & West 44tll St.
E052 West 44th St. STA 201+00.00 to 210+33.11
E053 West 45th St. STA 196+80.06 to 206+00.00
E054 West 45th St & West 46th St
E055 West 46" St. STA 201+00.00 to 209+14.26
E057 Service Point Detail
E058 Electrical Details
E059 Electrical Details
E061 Pole Data
E062 Tabulation Quantities
E063 Tabulation Quantities
E064 Tabulation Quantities
Landscapo Plans
LA001
. LA002
LA003
LA004
LA005
LA006
LA007
LA008
LA009
LA010
LA011
LA012
LA013
LA014
LA015
LA016
LA017
LA018
LA019
LA020
LA021
North Bay Road. STA 100+00.00 to 107+75.00
North Bay Road. STA 107+75.00 to 115+90.00
North Bay Road. STA 115+90.00 to 125+50.00
North Bay Road. STA 125+50.00 to 135+25.00
North Bay Road. STA 135+25.00 to 142+43.13
N. Lenox Ave & Nautilus Dr.
Nautilus Drive. STA 205+39.97 to 213+50.00
Nautilus Drive. STA 213+50.00 to 223+00.00
Nautilus Drive. STA 223+00.00 to 232+00.00
Nautilus Court
N. Michigan Ave. STA 104+50.00 to 113+75.00
N. Michigan Ave. STA 113+75.00 to 123+60.00
N. Michigan Ave. STA 123+60.00 to 133+50.54
North Michigan Ave. & North Jefferson Ave.
N. Jefferson Ave. STA 300+60.95 to 310+25.00
N. Jefferson Ave. STA 310+25.00 to 318+46.58
Adams Ave. STA 400+69.50 to 410+25.00
Adams Ave. STA 410+25.00 to 419+23.37
N. Meridian Ave. STA 500+71.71 to 510+25.00
N. Meridian Ave. STA 510+25.00 to 520+00.00
N. Meridian Ave. STA 520+00.00 to 529+80.00
BID NO: 36-05/06
DATE: 06/22/06
CITY OF MIAMI BEACH
81
LA022
LA023
LA024
LA025
LA026
LA027
LA028
LA029
LA030
LA031
LA032
LA033
LA034
LA035
LAD36
LA037
LA038
LA039
LA040
LA041
LA042
LA043
LA044
LA045
LA046
LA04 7
LA048
LA049
LA050
LA051
LA052
LA053
LA054
LA055
LA056
N. Meridian Ave. STA 529+80.00 to 539+35.56
West 48th Street & West 43rd Street
West 42"" Street
West 43rd Court
West 44lh Court, STA 900+88.40 to 910+00.00
West 44th Court & West 46th Street
West 46th Street, STA 602+20.00 to 612+00.00
West 46th Street & West 47th Court
West 47th Court. STA 805+00.00 to 812+62.89
West 47th Street. STA 700+00.00 to 709+50.00
West 47th Street. STA 709+50.00 to 195+00.00
West 47th Street. STA 195+00.00 to 204+00.00
West 47th Street & Chase Ave.
Chase Ave. STA 99+40.00 to 109+10.59
Prairie Ave. STA 95+95.03 to 105+00.00
Prairie Ave, STA 105+00.00 to 114+00.00
Prairie Ave, STA 114+00.00 to 123+00.00
Prairie Avenue & Post Avenue
postAvenue, STA 104+30.00 to 114+30.00
Post Avenue, STA 114+30.00 to 124+30.00
Post Avenue & Royal Palm Avenue
Royal Palm Ave. STA 101+00.00 to 107+20.00
Royal Palm Ave. STA 107+20.00 to 117+00.00
Royal Palm Ave. STA 117+00.00 to 126+20.00
Sheridan Ave. STA 97+34.42 to 106+00.00
Sheridan Ave, STA 106+00.00 to 116+00.00
Sheridan Ave, ST A 116+00.00 to 123+66.67
West 42nd St, STA 197+19.30 to 206+00.00
West 42nd St & West 43rd St
West 43rd St & West 44th St.
West 44th St, STA 201+00.00 to 210+33.11
West 45th St. STA 196+80.06 to 206+00.00
West 45th St & West 46th St
West 46\11 St, STA 201+00.00 to 209+14.26
Landscape Notes & Details
BID NO: 36-05/06
DATE: 06/22/06
CITY OF MIAMI BEACH
82
01000. ADDENDA AND MODIFICATIONS
All addenda and other modifications made prior to the time and date of bid
opening shall be issued as separate documents identified as Addendums to the
Bid Document and Design Criteria Package. (Please see page ATTACHED)
BID NO: 36-05/06
DATE: 06/22/06
CITY OF MIAMI BEACH
83
02000. CONCEPTUAL SPECIFICATIONS:
BID NO. 36-05/06
DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.7 - NAUTILUS
RIGHT-OF -WAY INFRASTRUCTURE IMPROVEMENT PROGRAM
* NOTE: Conceptual Specifications are available for this bid but must be ordered through
T-Square Miami (305) 324-1234. The attached order form on page 11 of this
Bid package must be completed and returned to T-Square Miami before
prospective bidders will receive requested Conceptual Specifications.
Conceptual Specifications
DESIGN CRITERIA PACKAGE
VOLUME 2 - CONCEPTUAL SPECIFICATIONS
VOLUME2A-ATTACHMENTS
Following this page please find the listing of all Sections within Volume 2 -
Conceptual Specifications and Volume 2A - Attachments
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
84
CITY OF MIAMI BEACH
RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM
NEIGHBORHOOD NO.: 7 - NAUTILUS
DESIGN CRITERIA PACKAGE
VOLUME 2 - CONCEPTUAL SPECIFICATIONS
SECTION TITLE
,
DIVISION 1 - GENERAL REQUIREMENTS
01000
01005
01010
01012
01026
01031
01045
01050
01060
01070
01090
01152
01200
01311
01~0
01380
01400
01410
01505
01510
01520
01530
01540
01545
01550
01560
01570
01580
01590
01600
01700
01710
01720
01730
01740
Professional Services
Public Information I Liaison Services
Summary of Work
N.I.C. Items
Measurement and Payment
General Project Procedures
Cutting and Patching
Field Engineering
Regulatory Requirements and Permits
Abbreviations
Reference Standards
Applications for Payment
Project Minutes
Schedules and Reports
Shop Drawings. Product Data and Samples
Construction Photography
Quality Control
Testing Laboratory Services
Mobilization. Site-Preparation & Demobilization
Temporary Utilities
Construction Aids
Protection of existing Facilities
The Emergencyrrerrorism Response Plan ROW
Program
Hurricane Plan ROW Program
Site Access and Storage
Temporary Controls
Traffic Regulations
Project Identification Signs
Contractor's Field Office
Material and Equipment
Contract Closeout
Cleaning
Project Record Documents
Operating and Maintenance Data
Guarantees and Bonds
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
85
PAGES
01000-1 - 01010-12
01005-1
01010-1 -01010-15
01012-1
01026-1 - 01026-3
01031-1 - 01031-3
01045-1 -01045-3
01050-1 - 01050-2
01060-1
01070-1 - 01070-5
01090-1 - 01090-2
01'152-1-01152-2
01200-1-01200-4
01311-1-01311-11
01340-1 - 01340-6
01380-1 - 01380-3
01400-1 - 01400-3
01410-1 - 01410-4
01505-1 -01505-2
01510-1 - 01510-3
01520-1 - 01520-2
01530-1 - 01530-6
01540-1
01545-1
01550-1 - 01550-3
01560-1 - 01560-5
01570-1 - 01570-2
01580-1-01580-4
01590-1 - 01590-3
01600-1 - 01600-5
01700-1 - 01700-5
01710-1 - 01710-2
01720-1 - 01720-6
01730-1 - 01730-7
01740-1 - 01740-2
DIVISION 2 - SITEWORK
02010
02050
02110
02140
02200
02222
02250
02400
02410
02460
02500
02510
02513
02577
02601
02662
02713
02850
02900
Subsurface Investigation
Demolition
Clearing
Dewatering
Earthwork
Excavation and Backfill for Utilities
Steel Sheet Piling
Storm Drainage FacUlties
Storm Drainage Force Maln
Storm Drainage Pump Station
Surface Restoration
Concrete Sidewalk, Curb and Gutter, and Valley Gutter
Asphaltic Concrete Paving - General
Pavement Marking and Car Stops
Manholes and Maintenance Access Structures
Water Service Connections and Transfers
Water Distribution System
Transplanting
Trees, Shrubs and Groundcover
DIVISION 3 - CONCRETE
03305 Concrete and Grout
DIVISION 4 - MASONRY
04060 Mortar
DIVISION 15 - MECHANICAL CONSTRUCTION
15100 Valves, General
15130 Miscellaneous Valves
15180 Horizontal Directional Drilling
DIVISION 16 . ELECTRICAL
16000 Electrical General Requirements
16950 Electrical Teslln9
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
86
02010-1 - 02010-2
02050-1 - 02050-9
02110-1-02110-3
02140-1 - 02140-4
02200-1 - 02200-13
02222-1 - 02222-13
02250-1
02400-1 - 02400-11
02410-1 - 02410-8
02460-1 - 02460-8
02500-1 - 02500-2
02510-1 - 02510-6
02513-1 - 02513-17
02577-1 - 02577-2
02601-1 - 02601-6
02662-1 - 02662-6
02713-1 - 02713-19
02850-1 - 02850-4
02900-1 - 02900-20
03305-1 - 03305-23
04060-1 - 04060-3
15100-1 - 151QO-13
15130-1 -15130-3
15180-1 - 15180-7
16000-1 -16000-8
16950-1 -16950-26
..;.'
CITY OF MIAMI BEACH
RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM
NEIGHBORHOOD NO.: 7 - NAUTILUS
DESIGN CRITERIA PACKAGE
VOLUME 2 A - ATTACHMENTS
ATTACHMENT - A
A-1 General ROW Program Design Standards Manual
A-2 Comprehensive Stormwater Management Master
Plan
A-3 Water System Master Plan
A-4 Basis of Design Report Nautilus Neighborhood No.7
ATTACHMENT - B
ATTACHMENT - C
Topographic Survey
C-1 Drainage Report for Nautilus Neighborhood
Improvements
Basins 99, 97 and 92
C-2 Preliminary Drainage Analysis
C-3 Sketches of Easements for Proposed Outfalls
,'~,..
"lTACHMENT - D
1"
0-1 Water Service Relocation Sketches
0-2 Water Service Relocation -- Owners Consent Status
D-3 Location Map - Additional Water Main Replacement
ATTACHMENT - E
E-1 Meeting Notes with M-D PWD TED
E-2 Draft Traffic Calming Study
ATTACHMENT - F
Encroachment Analysis
ATTACHMENT - G
Underground Utility Coordination
ATTACHMENT -- H
Results of Geotechnical Exploration - Roadway Soil Survey
ATTACHMENT -I
1-1 Emergency Terrorism Response Plan ROW Program
1-2 Hurricane Plan ROW Program
OPINION OF PROBABLE COST
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
87
03000. BID PROPOSAL FORM
REPLACE WITH ACTUAL
Please refer to Section 00407. SCHEDULE OF PRICES BID
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
88
04000. ACKNOWLEDGEMENT OF ADDENDA
Invitation for Bid No. 36-05/06
Directions: Complete Part I or Part II, whichever applies.
Part I: Listed below are the dates of issue for each Addendum received in connection
with this Bid:
Addendum No.1, Dated _August 9, 2006
Addendum No.2, Dated _August 15, 2006
Addendum No.3, Dated _August 16, 2006
Addendum No.4, Dated _August 17, 2006
Addendum No.5, Dated _August 21, 2006
Part II:
No addendum was received in connection with this Bid.
Verified with Procurement staff
Name of Staff
Date
_RIC-MAN International
Bidders- Name
~ --
_8/23/06
Date
,1)(7 t>.' d
Signature .
/ ..
A/ c:1p:l L: / r/ I
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
158
06000. ADDENDA AND MODIFICATIONS
DIVISION 3. LOBBYISTS
Sec. 2-481. Definitions.
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Advisory personnel means the members of those city boards and agencies whose sole
or primary responsibility is to recommend legislation or give advice to the City
commissioners.
Autonomous personnel includes but is not limited to the members of the housing
authority, personnel board, pension boards, and such other autonomous or
semi-autonomous authorities, boards and agendes as are entrusted with the day-to-day
policy setting, operation and management of certain defined functions or areas of
responsibility.
Commissioners means the mayor and members of the City commission.
DeP'lrtmental personnel means the City manager, all assistant City managers, all
depa~ent heads, the City attorney, chief deputy City attorney and all assistant City
attorfl@Ys; however, all departmental personnel when acting in connection with
admk)istrative hearings shall not be included for purposes of this division.
Lobbyist means all persons employed or retained, whether paid or not, by a principal
who seeks to encourage the passage, defeat or modification of any ordinance,
resolution, action or decision of any commissioner; any action, decision,
recommendation of any City board or committee; or any action, decision or
recommendation of any personnel defined in any manner in this section, during the time
period of the entire decision-making process on sLlch action, decision or
recommendation that foreseeably will be heard or reviewed by the City commission, or
a City board or committee. The term specifically includes the principal as well as any
agent, attorney, officer or employee of a principal, regardless of whether such lobbying
activities fall within the normal scope of employment of such agent, attorney, officer or
employee.
Quasi-judicial personnel means the members of the planning board, the board of
adjustment and such other boards and agencies of the City that perform such
quasi-judicial functions. The nuisance abatement board, special master hearings and
administrative hearings shall not be included for purposes of this division.
(Ord. No. 92-2777, ~ ~ 1,2,3-4-92; Ord. No. 92-2785, ~ ~ 1,2,6-17-92)
Cross reference(s)--Definitions generally, ~ 1-2.
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
90
:'~
Sec. 2-482. Registration.
(a)
(b)
(c)
(d)
All lobbyists shall, before engaging in any lobbying activities, register with the
City clerk. Every person required to register shall register on forms prepared by
the clerk, pay a registration fee as specified in appendix A and state under oath:
(1) His name;
(2) His business address;
(3) The name and business address of each person or entity which has
employed the registrant to lobby;
(4) The commissioner or personnel sought to be lobbied; and
(5) The specific issue on which he has been employed to lobby.
Any change to any information originally filed, or any additional City
commissioner or personnel who are also sought to be lobbied shall require that
the lobbyist file an amendment to the registration forms, although no additional
fee shall be required for such amendment. The lobbyist has a continuing duty to
supply information and amend the forms filed throughout the period for which the
lobbying occurs.
If the lobbyist represents a corporation, partnership or trust, the chief officer,
partner or beneficiary shall also be identified. Without limiting the foregoing, the
lobbyist shall also identify all persons holding, directly or indirectly, a five percent
<;Ir more ownership interest in such corporation, partnership, or trust.
~parate registration shall be required for each principal represented on each
~cific issue. Such issue shall be described with as much detail as is practical,
Ihcluding but not limited to a specific description where applicable of a pending
lequest for a proposal, invitation to bid, or public hearing number. The City clerk
Shall reject any registration statement not providing a description of the specific
issue on which such lobbyist has been employed to lobby.
Each person who withdraws as a lobbyist for a particular client shall file an
appropriate notice of withdrawal.
In addition to the registration fee required in subsection (a) of this section,
registration of all lobbyists shall be required prior to October 1 of every
even-numbered year; and the fee for biennial registration shall be as specified in
appendix A.
In addition to the matters addressed above, every registrant shall be required to
state the extent of any business, financial, familial or professional relationship, or
other relationship giving rise to an appearance of an impropriety, with any current
City commissioner or personnel who is sought to be lobbied as identified on the
lobbyist registration form filed.
The registration fees required by subsections (a) and (f) of this section shall be
deposited by the clerk into a separate account and shall be expended only to
cover the costs incurred in administering the provisions of this division. There
shall be no fee required for filing a notice of withdrawal, and the City manager
shall waive the registration fee upon a finding of financial hardship, based upon a
sworn statement of the applicant. Any person who only appears as a
representative of a nonprofit corporation or entity (such as a charitable
organization, a neighborhood or homeowner association, a local chamber of
commerce or a trade association or trade union), without special compensation
(e)
(f)
(g)
(h)
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
91
or reimbursement for the appearance, whether direct, indirect or contingent, to
express support of or opposition to any item, shall not be required to register with
the clerk as required by this section. Copies of registration forms shall be
furnished to each commissioner or other personnel named on the forms.
(Ord. No. 92-2777,!l 3,3-4-92; Ord. No. 92-2785,!l 3,6-17-92)
Sec. 2-483. Exceptions to registration.
(a) Any public officer, employee or appointee or any person or entity in contractual
privity with the City who only appears in his official capacity shall not be required
to register as a lobbyist.
(b) Any person who only appears in his individual capacity at a public hearing before
the city commission, planning board, board of adjustment, or other board or
committee and has no other communication with the personnel defined in section
2-481, for the purpose of self-representation without compensation or
reimbursement, whether direct, indirect or contingent, to express support of or
opposition to any item, shall not be required to register as a lobbyist, including
but not limited to those who are members of homeowner or neighborhood
associations. All speakers shall, however, sign up on forms av~i1able at the
public hearing. Additionally, any person requested to appear before any city
personnel, board or commission, or any person compelled to answer for or
appealing a code violation, a nuisance abatement board hearing, a special
master hearing or an administrative hearing shall not be required to register, nor
shall any agent, attorney, officer or employee of such person.
(Ord. No. 92-2777,!l!l !l4, 5, 3-4-92; Ord. No. 92-2785, !l!l 4,5,6-17-92)
Sec. 2-484. Sign-in logs.
In addition to the registration requirements addressed above, all city departments,
including the offices of the mayor and city commission, the offices of the city manager,
and the offices of the city attorney, shall maintain signed sign-in logs for all noncity
employees or personnel for registration when they meet with any personnel as defined
in section 2-481.
(Ord. No. 92-2785,!l 6,6-17-92)
Sec. 2-485. List of expenditures.
(a) On October 1 of each year, lobbyists shall submit to the city clerk a signed
statement under oath listing all lobbying expenditures in the city for the preceding
calendar year. A statement shall be filed even if there have been no expenditures
during the reporting period.
(b) The city clerk shall publish logs on a quarterly and annual basis reflecting the
lobbyist registrations filed. All logs required by this section shall be prepared in a
manner substantially similar to the logs prepared for the state legislature
pursuant to F.S.. 11.0045.
(c) All members of the city commission and all city personnel shall be diligent to
ascertain whether persons required to register pursuant to this section have
complied with the requirements of this division. Commissioners or city personnel
BID NO: 36-05/06 CITY OF MIAMI BEACH
DATE: 06/23/06 92
may not knowingly permit themselves to be lobbied by a person who is not
registered pursuant to this section to lobby the commissioner or the relevant
committee, board or city personnel.
(d) The city attorney shall investigate any persons engaged in lobbying activities who
are reported to be in violation of this division. The city attorney shall report the
results of the investigation to the city commission. Any alleged violator shall also
receive the results of any investigation and shall have the opportunity to rebut the
findings, if necessary, and submit any written material in defense to the city
commission. The city commission may reprimand, censure, suspend or prohibit
such person from lobbying before the commission or any committee, board or
personnel of the city.
(Ord. No. 92-2777, ~ 6,3-4-92; Old. No. 92-2785, ~ 7,6-17-92)
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
93
Cone of Silence
ORDINANCE NO. 2002-3378
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY
OF MIAMI BEACH, ENTITLED "ADMINISTRATION", BY AMENDING ARTICLE VII'
THEREOF, ENTITLED "STANDARDS OF CONDUCT', BY AMENDING DIVISION
4, ENnTLED "PROCUREMENT', BY AMENDING SECTION 2-486, ENTITLED
"CONE OF SILENCE"; SAID AMENDMENT, IN PART, EXTENDING THE
PROHIBITIONS ON ORAL COMMUNICAnONS ON ALL REQUEST FOR
PROPOSALS (RFP'S), REQUEST FOR QUALIFICATIONS (RFQ'S), AND
INVITATION FOR BIDS (BIDS), BETWEEN THE MAYOR AND CITY
COMMISSIONERS AND THEIR RESPECTIVE STAFF AND ANY POTENTIAL
VENDOR, SERVICE PROVIDER, BIDDER, LOBBYIST, OR CONSULTANT:
PROVIDING FOR ADDITIONAL EXCEPTIONS RELATIVE TO ORAL
COMMUNICATIONS: PROVIDING FURTHER FOR REPEALER, SEVERABILITY,
AND AN EFFECTIVE DATE.
WHEREAS, on January 29. 2002, the Miaml-Oade County Commission approved
Ordinance No. 02-3, amending Section 2-11.1(t) of the Miemi-OalUt County Code, the
County's Cone of Silence Ordinance. with an effective date of February 8, 2002; and
WHEREAS, Miami-Dade County's approved amendments extended the prohibition
on oral communications regarding a particular RFP, RFO, and bid for the sollcltatlon of
goods and services to those between a potentIa\ vendor. service provider, bidder, lobbyist
" or consultant, and the Mayor. County Commlaaloners and their respective staffs; and
WHEREAS, Miami-Dade County's approved amendments added addltlonat
exemptions to the prohibition on oral communications regarding a particular RFP, RFO, or
bid for the soIlcitatlon of goods and services between any person and the procurement
director or hlslherdesignated staff responsible for administering the procurement process
for such RFP, RFQ or bid, and between a member of the respective selection committee,
provided the communication be limited strictly to matters of process or procedure already
contained in the corresponding solicitation document; and
WHEREAS, Miami-Oade County's approved amendments added additional
exemptions to the prohibition on oral communications between the County Manager and
the chairperson of a selection committee about a particular selection committee
recommendation, only after the committee has submitted a recommendation to the
Manager and provided that, should any change occur in the committee recommendation,
the content of the communication and of the corresponding change shaH be described in
writing and flied by the Manager with the Clerk of the County and be included In any
recommendation memorandum submitted by the Manager to the County Commission;
WHEREAS, Miami-Dade County's approved amendments added additional
exemptions to the prohibition on orat communications pertaining to emergency
procurements.
WHEREAS, said Miami-Dade County amendments are applicable to the Mayor and
City Commissioners of the City of Miami Beach, the City Manager, and their respective
stsffs; and in order to extend said amendments and their applicability to potential vendors,
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
94
service providers, bidders, lobbyists, and consultimts doing business in the City of Miami
Beach, the Administration and the City Attorney's Office herein recommends that the
Mayor and City Commission amend the City's Cone of Silence Ordinance accordingly.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH:
SECTION 1. Section 2-426, of Division 4 of Article VII of Chapter 2 of the Miami Beach
City Code is hereby amended to read as foUows:
Article VII. Standards of Conduct
DIVISION 4. PROCUREMENT
Sec. 2-488. Cone of silence.
(a) Contracts for the provision of goods, services, and construction plojecta. eIlef
l1an awdit OOMF8Gte.
"".:
(1) DefInition" "Cone of slenee" Is hereby defined to mean a prohibition on:
(a) any communicetlOll regarding a particular request for proposal ("RFP"),
request for qualifications ("RFQ"), F8llwe.. fer letteF8 ef IAtlf~. ("RFI.IW),
or bid between a potential vendor, service provider, bidder, lobbyist, or
consultant and the city's admlnistfatlw staff including, but not limited to.
the city manager and his or her staff;
(b) any communication regarding a particular RFP. RFQ, RAfr or bld
between the mayor. city commillsioners. or their retlpedIY8 stafftl. and
any member of the clty's administrative staff Including, but not ImIted to.
the city manager and his or her staff;
(c) any communication regarding a particular RFP, RFQ, ~ or bid
between a potential vendor. service provider, bidder. lobbyist. or
consultant and any member of a city evaluation and/or sefectlon
committee therefor: aM
(d) any communication regarding s, particular RFP. RFQ, ~ or bld
between the mayor, city commlssioners..or their respective ~..and
any !!..membar of a city evaluation and/or selection commltt1 therefor:
(El) any communication reaardlna a Dartlcular RFP. RFQ. or bid Jtween the
ma::; ;itv commiss~ or their~ sta~ =~=:=
vendor. service Drovider. bidder. iobbvist. or consultant. \
IRe felegeing. Die seRe Elf ,DeRse ,l:1all RElt allPIy Ie ElEIA'lpetillve
prelell.1 fer the awaN ef CDSG, HOM'. SHIP aAd S\I_ F\lRH
asMiRi8teFe~ by t~8 sity .68 9f 6GFARUJAil}.. Ele'/elepIR8At. aA~
69A'lA'l\lRlsati9RI 'I:iltl the Eli"" alteA'l8Y aRd his Elr tier etaft:.
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
95
(2) Procedure.
a" A Imlcone of silence shall be Imposed upon each RFP. RFO, RRJr
aA4 Q[,bid after the advertisement of said RFP, RFO, RFbl-r or bid. At
the time of imposition of the cone of silence, the city manager or his
or her designee shall provide for public notice of the cone of silence.
The city manager shan Include In any pubilc solicitation for goods and
se.vices a statement disclosing the requirements of this division.
b. The cone of silence shaH terminate~
~at the time the city manager makes his or her written
recommendation as to selection of a particuler RFP, RFO. AR.Jr or
bid to the city commission, and said RFP, RFO. RFbl-r or bid is
awarded; provided. however, that following the Mmanager making his
or her written l'8COl1VTlendation. the cone of slenee shall be lifted as
relates to communications between the M-mayor and M-membe1'8 of
the G::stommlsslon and the G-9tY M-manager; providing further if the
city commission refers the manager's recommendation back to the
city manager er etaff for further review. the cone of silence shall
continue until such time 88 the manager makes a subsequent written
recommendation. and the particular RFP, RFO. RRJr or bid is
awarded;.
(3)
~ 1!!l.in the event of contracts for less than $25,000. when the city
manager executes the contract.
Exceptions. The flFGvlsl9A8 at this 9RlIAaAIl8 CQne l,>( !i@enC8 sha' not apply
to;
,!j\\
,.lIt
(a) ~O::~I==:eU:V~ofofc=n:f~~~~~~~~F
(b) communlcetlons with the citv attomev and,bis or her staff.
~ ua.oral communications at pre-bid conferen($S;
~ {gLoral presentations before evaluation and/or selection committees;
!iH!Ucontract discussions during any duly noticed public meeting;
~ill public presentations made to the city commisslonel'8 during any duly
noticed public meeting;
~ (g} contract negotiations with city staff following the award of an RFP,
RFQ. ;u;y. or bid by the city commission;
~ !I1l communications In writing at any time with any city employee, official
or member of the city commission, unless specifically prohibited by the
applicable RFP, RFQ. RRJ. or bid documents; eF
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
96
~ city commission meeting agenda review meetings between the city
manager and the mayor and individual city commissioners where such
matters are scheduled for consideration at the next G-gJmmission meeting.
{RHj) communications reaardlna a oarticular RFP. RFQ or bid between the
orocurement director. or hislher administrative staff resoonslble for
adminlsterlna the orocurement orocess for such RFP. RFQ or bid and a
member of the evaluation/selection committee therefor. orovlded the
communication 'sllmlted strlctly to matters of DrOCeSS or orocedure already
contained In tha corresoondina solicitation document:
au dulY noticed site visits to determine the comDetencv of bidders reaardlna
a oartlcular bid durlna the time oariod between the ODenJna of bids and tha
time the cItv manaaer makes his or her written recommendation:
ill any emeraencv orocurement of QOOda or services:
em) communications reaardina a D8rticu1ar RFP" RFQ. or bid between anY
oarson, and the Drocurement director, or hislher aclllllOlslratlve staff
resDOnsible for administerlna the Dl'OCUrement DrOCeSS for such RFP. RFQ"
or bid. orovIded the communication Is limited strictly to matters of DI'OC8S8 or
Drocedure allJadv contained in the COrr8SDOndIn9 solicitation docufTl8tll
!nl.. The bidder. proposer. vendor. service provider. lobbyist, or consultant
shall file a copy of any written communications with the city cIerIt. The city
clerk shall make copies available to any person upon request.
(8) AYOIt .LlllaJte.
f4-)- .CeRe &f sUeAs.- 18 ".",by ".RAS" te ",eaR 8 pF8hlWlkitR SR: (8) SAY
68IRMllfllsatlenl F9l1sNifll S llaAlel1lar RFP. AFQ, AR.I, 91' '-III '-Mr.-ellR S
lle&eAtial '/aflde" saMsa Ilrevldar. Blllde~ lea8ylet. er seAewltafll SAil ~a
IRSyeF, &ity saIRMluslenaF8 8r Ulsil' FOSllasli';e eta., SAd sny MaIR'-a, ef ~a
slty'a adMlflistraUve e&aff IflaIu4IAI. Wt flat 1iRlite8 te the eity NAIlI8' Ilfld hie
8' Rar eta#, SFld Ea) SAY aF81 68MIRIIRleatl8A F8gaNlFI8 a jNIltlll\llar AFF\
AFQ, RFtI. e, * llet\'J8aA tha RI8}'8F. eitr 68MMiealeAeF8 a'~.iI' F981l8el'w
etaffe afld SflY MaMaar 8f ""a s~~a adIRlflletF811 Ie eta<< iflet.JdIAg. awt Flea
limited &e. ~a eity MSAager aAd hl8 er R.r eta#i and (a) GAY eaR.J\wflleatlofl
F9gardiAg a paFti6Ylar RFP. RFO, AI''''', 0' Dill '-&tv:e8A a llll&eFltl81 'l8F1der,
seMee pF9',ider, alddeF, leallylet, 8r B8n8111taFlt sflll af!}' MamD8r ef a eIty
e'lSlwaillR aAElJer 8el8slien eemmitt8a; aRE! (4) Gny 68mMIIAleatieA regardiAg
a Ilartiswlar ~p. RFQ ar bid aetwean ""a MayaI', C~' CeIRIRie8ieA8F8 er
ttlsil' Fespesli.... Staff8 GAd aAY IReIRl)sr sf a sity &'JalwatleFl aAdlerealeslieFl
ae IRmlltee. Nelwith8tsAdlAg ""a f9reg8IAg. the allfl. sf 8l1eAaa 8IIal fist apply
&e 68IRFRUfliGatieA8 with the eity altemay aAll hl8 ar tlar 8taft
(2) IilCsapt as pl9\'lded in 611S8a6tion8 (a)(3) aAd (1))(4) heF9af, a 68F1UfeitllA68
shalll)a imllesedllpeA aash R'"P, RFQ, R'"bl. 9r Illd fer allllit 8eMS98 after
tI:Is allveftisaMeFlt ef salE! RIOP. RFQ, RFI.I, er alll. N. the tiFRe sf the
b"p9sitlaA at the seAe of eitsRse, the sly FR8Ragar ar Aie ar her ~e8igAe8
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CITY OF MIAMI BEACH
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BRall ~Rl'AEle fer tt:le ~YlilliG RGtil.e Elf tile GeRe at SileAGe. The Gene at,lilenGe
sllall teR'AIAate a) at tt:le time tile Gily maAager makes Ilis er Iler! Wfitten
RlsalRlReAdatlaR al tEl 9aleGtien at a ~MiGular RFP, RFQ. RFt..I. ar bid tEl tt:le
slly GEllRlRieliaA, aREI lalEl RFP, RFQ. RR.I. ar biEI is 8W8FGeEl: ~AWiEled.
h~:..ver, thet f911~tJiRg tl=te M2Rager MakIRg I=tie er t:ler -.witteR
RlGElmlReRdatlsR, tt:le Gel'll at SnSRes shall be lifteEl al relatel 18
GGIRIRYAleatleA6 betweeR DIe Mayer aREI MelRbeAl at DIe CSlRlRillieA aREI
the City ManageF; prqvjEllAg foFtller if the 6ity GelRlRiesillA ..faAl DIe
IRBnager's reaElmmeRElatiElR llask ta the IIty lRanager er staff far folther
I'e'Jl8\.... Ule GeAe at silsAse ellall eeAtiFN8 YRt. eyell tllRe al ths IRsAsgsr
IRsks. . ewl:lelMlU.Rt ,witteR Al ssmmeRElatiElA. aREI the paAiNer RFP. R,"o.
RFll. sr IlIEl Ie ....181'9_ er II) iA DIe eveRt at s".lI ute fer lell tI:lSR $2&.000
\vII8A tII_ eIy FR8A888r auew., the seAb1let
(3) .~IFllJ laAt8iAeElllereln Illall pRlhllil1t llAY IllddsF, pAlllalS'" 'JIAd8F, 88M;S
pFeVidsF. IellDylst. ar llaASYItaRt (I) RIR lRaklAg p..blle IlAlSeAtatieAs III ElIIIy
RefillSd ~re I*j 88RfereAGllS Elr befeF8 EIlIIy Aatlll8d lMIIYatlsA GelRlRlttse
IRs.ti.; (II) Rm sAgagiAI In sllAtFalll dl88~88iIAS ElYfiRIIRY duly Aatillsd
IIYlllle lR.etIFllJ\ (ii) RIR eAlJ8ll1iRi iA 9laHtl.al'lt RalatlatlaRs ,. ~. 6Iaff
falle\vlAI DIe It\V8FG at SA RFP. R.'PQ, Flt;:L.I. er IilIEI far a"dlt by DIe 8Ity
s8FAMllli8Ri .r (4\1 Rift een ,mwRls8tiA8 In \.~J IVlII-:. 8~. ally .MlllaV.. 8r
effilllal fer IlYl1lS8es at 88eldAg e1l1f1flsatlaA sr aElElllillASI illfsIR'lstiSA RIR tie
8Ity sr AllpsAdiAg te the ~~ "lIY- fer e1aFlfill8tlaA ar adElltlsnaI
iRfelR'latieA. sulljelM tEl tie pl'e'JieiGfle at tile alllpliealille RFP. R,"O. RFI.I. sr
Bid ElllBUlReAtl. The Illdder 8r prepaler ate. I'" file a GeIlY at aAY ,'JfitIeA
ssmlRYRlsatieA 'JJMh tie llIty eleFk. The llIty e1art sllalllReke llapils &vaiIable
tEl the glAIral pY~lie "ileA FBlIU98t.
(1) Nett-'lIAlI lleRtaiAsd llerelA shall flAlllllllt aAY IIBll)>let. liliEldeF,JlAlJMIser.
":eAder, 8"". previti,,. 8GA6Yl8At, er ett..r paFlIA er 8Atit-;~ MaM pwWt81y
addF8llsiRt till GIly llelMllesleAeAllNl'IRI anv dYIy All";S" pulillle "'oatlFll
reglilFGlR1 aetieA ElA 8RY awEllt 88Atrast The slty meABllr II'" IR slYd.IA 8AY
p"lilIi; &el1~~tieA fer awaiting IlSI'1.'iGel a statameAt dlslllSIl~
Alll"I"lRenw ef tllie divlllieA. .
!
{G)UU VIolations/penalties and procedures. A violation of this section by a pa~CUlar
bidder. proposer, vendor, service provider, lobbyist. or consultant shall subjeCt said
bidder, ef proposer. vendor. service provider. lobbyist, or consultant to the same
procedures set forth in Division 5. entitled :Oebarment of Contractors: from City
Work; shaD render any RFP award, RFQ award, RFL.I 8WBFG. or bid award to said
bidder. proposer. vendor. service provider, bidder, lobbyist. or oonsultant vaida;
and said bidder. proposer. vendor. service provider, lobbyist. or consultant shall not
be considered for any RFP. RFQ. RJ:IJ or bid for a contract for the provision of
goods or services for a period of one year. Any person who violates a provision of
this division shall be prohibited from serving on a city evaluation and/or selecllon
committee. In addition to any other penalty provided by law. violation of any
provision of this division by a city employee shall subject said employee to
disciplinary action up to and Including dismissal. Additionally. any person who has
personal knowledge of a violation of this division shaD report such violation to the
city attorney's offICe or state attorney's office... and/or may file a complaint with the
county ethics commission.
(Ord. No. 99-3164. S 1.1-6-99; Ord. No. 2001-3295. S 1. 3-14-01)
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SECTION 2. CODIFICATION. I
It Is the intention of the Mayor and City Commission of the City of Miami Beach. and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach. Florida. The sections of this ordinance may be
renumbered or relettered to accomplish such intention, and the word "ordinance" may be
changed to "section". "article", or other appropriate word.
SEcnON 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed..
SECTION 4. SEVERABILITY.
If any section. subsectlon. sentence. clause, phrase or portion of this Ordinance Is. for any
reason. held invalid or unconstitutional. such portion shan be deemed a separate. distinct
and independent provision and such holding shall not affect the validity or constitutionality
of the remaining portions of this Ordinance.
SECTION 5. EFFECTIVE DATE.
This Ordinance shaD take effect on the 10th day of AUlUlIt
Is 10 days after adoption.
PASSED and ADOPTED this _._31st
. 2002. which
2002.
ATTEST:
City Clerk
Letters or numbers that are stricken through are deletions from existing ordinance.
Letters or numbers that are under1ined are additions to existing ordinance.
F:\ATTO\OLIJ\RE8-0RO\CONEOFSILENCE.FNL.DOC
AfIIIR()VED AS 10
FORM&1.ANGlIAGE
& FOR CUTlON
,
~.2~~
Date
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DATE: 06/23/06
CITY OF MIAMI BEACH
99
OFFICE OF THE CITV ATTORNEV
MURRAY H. DUBBIN
City Altoney
~ tlJ/Uami 1ImM
, LOR 0 A
.
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM
DATE: JULY 31, 2002
FROM:
MURRAY DUBBIN
CITY A1TORNEYtM
JORGE M. GONZALEZ
CITY MANAGER
SUB1ECT: AMENDMENT TO CITY'S "CONE OF SILENCE" ORDINANCE
SECOND READING
PUB1 Ie: HEA'RING
TO:
On January 29, 2002, the Miami-Dade County Conunission approved an amendment to the
County's "Cone ofSilenc:e" Ordinance, with an effective date of February 8, 2002. The approved
ameudments to the County's Ordinance, which the City Mzlager and the City .Altomey's Office
herein recommeDd be iDcocporaI'ed as an amendment to the Oty's own "Cone ofSi1cnce" Ordinance,
an: as follows:
(I) Extending the prohibitioo on oral COI'III1lIIIlicons regardina a particular RFP, RFQ,
and bid for the solicitation of goods and services to those between a potential vendor,
service provider, bidder, lobbyist or consultant, and the Mayor, Commissioners. and
their respective staffs;
(2) Extending the prohibitioo on 0t1I1 communications regarding a particular RFP, RFQ,
or bid between any administrative staffmember, and any member of an evaluation
and/or selection committee therefor;
(3) Notwithstanding the prohibition in subsection (2) above, providing an exemption
allowing the Manager and the chairperson of the evaluation and/or selection
committee to communicate upon a particular evaluation and/or selection committee
Agenda Item ASC
t 700 Conveatlo. Ce.tor Drive - F..rtll Floor - MIami Bead Date 7-.3/-();)-
BID NO: 36-05/06
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CITY OF MIAMI BEACH
100
RESOLUTION NO. 2000-23879
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH REQUIRING THAT CONTRACTORS ADOPT
A CODE OF BUSINESS ETHICS PRIOR TO ENTERING INTO A
CONTRACT WITH THE CITY OF MIAMI BEACH
WHEREAS, the Greater Miami Chamber of Commerce ("QMCC") adopted a
Model Code of Business Ethics (the "Model Code"); and
WHEREAS, the City ofMiarni Beach is a member of the GMCC; and
WHEREAS, the Model Code, attached hereto as Exhibit A, is a statement of
principles to help gUide decisions and actions based on respect for the importance of
ethical business standards in the community; and
WHEREAS, the GMCC encourages its members to adopt the principles and
practices outlined in the Model Code; and
WHEREAS, the Commission believes that each entity which does business with
the City of Miami Beach should be required. as a condition of doing business with the
County to adopt a Code of Business Ethics.
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF' THE CITY OF MIAMI BEACH, FLORIDA:
Section I. Each person or entity that Jeeks to do business with the City shall
adopt a Code of Business Ethics ("Code") and submit that Code to the City Manager or
his or her designee prior to execution of any contract between the contractor and the City.
The Code of Business shall, at a minimurn. require the contractor to comply with all
applicable governmental roles and regulations including. among others, the conflict of
interest, lobbying and ethics provisions of the City Code.
Section 2. The Commission urges the Greater Miami Chamber of Commerce
to require that all ofits members adopt the Model Code of Business Ethics.
Section 3.
adoption.
This resolution shall become effective immediately upon its
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CITY OF MIAMI BEACH
101
PASSED and ADOPTED this 12th dayof April 2000
ATTEST: fluB
~YOR
_~vJ' fLi~C~~
CITY CLERK
Al'PF\oveDMTO
FCRM&LANGUAC,':
. FOR EXECUlIClr,
:... 7-c/lJ
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
102
GREATER MIAMI CHAMBER OF COMMERCE
MODEL CODE OF BUSINESS ETHICS
STATEMENT OF PURPOSE
The Grealer Miami Chamber of Commerce ('GMCC") seeks 10 create and sustain an ethical business
climate for fts members and the community by adopling a Code of Business Ethics. The GMCC
encourages its members 10 incorporate the principles and practices ouliined h.re in their individual
codes of ethics which will guide their relationships wilh customers, clients and suppliers. This Model
Code can and should b. prominently displayed at all bus in... locations and may be incorporated into
marketing materials. The GMCC believes Ihat its members should use this Code as a model for the
development of their organizations' business codes of ethics.
This Model Code is a. statement of pri,nciples to help qyide decisions and actions basad on respect for the
importance of elhlcal business stMdards In the community. ,he GMCC believes the adoption of a meaningful code
01 ethics is the responsibility of e.lery business and prolessiollm orgAnization.
Comoliance with Government Rules & Reaul.tions
We will property maintain all records and post all licenses and certificates
in prominent places easily se.n by our employees and customers;
In dealing with government agencies and employees, we will conduct business in
accordance with all applicable rules and regulations and in the open;
We will report contract irregularities and other improper or unlawful business
practices to the Ethics Commission, the Office of Inspector General or
appropriate law enforcement authorities.
ful.sruitment, Selection & Compensation of Vendors and Suppliers
We will avoid conflicts of interest and di~l05e such conflicts when identified;
Gifts which compromise the integrity of a business transaction are unacceptable;
we will not kick back any portion of a cordrac! payment to employees of the other
contracting party or accept such a kickback .
Business AccountinQ
All our financial transactions will be properly and fairly recorded in appropriate
books of account, and there will be no "off the books" transactions or secret
accounts.
Promotion and Sales of Products and Services
Our products will comply with all applicable. safety and quality standards:
We will promote and advcrtist our business and its products or services in a
manner which is not misleading and does not falsely disparage our competitors:
Doinq Business with the Governmef1!
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We will conduct business with government agencies and employees in a manner
which avoids even the appearance of impropriety, Efforts to curry political
favoritism are unacceptable;
Our bids will be competitive, appropriate to the bid documents and arrived at
independently;
Any challenges to contract,s awarded will have a substantive basis and not be
pursued merely because we are the. unsuccessful bidder;
. We will, to the best of our ability, perform govemment contracts awarded at the
price and under the terms provided lor in the contract. We will nol submit inflated
invoices for goods provided or services performed under such contracts, and
claims will be made only for work actually performed. We will abide by all
contracting and subcontracting regulations.
. We will not, directly or indirectly, offer to give a bribe or otherwise channel
kickbacks from contract. awarded, to government officials, their family members
or busina.. associates.
We will not seek or expect preferential treatment on bids based on our
participation in polltical campaigns.
fllll.lieLlfe and Political Camolians
We encourage all employees to participate in community Iile. public service and
the political proeess;
We encourage all employees to recruit, support and elect ethical and qualified
public officials and engage them in dialogue and debate about business and
community issues;
Our contributions to political parties, committees or individuals will only be made
in accordance with applicable law and will comply WIth all r.quirements for public
disclosure. All contributions made on behalf of the business must be reported 10
senior company management; .
W. will not contribute to the campaigns. of persons who are convict.d felons or
those who do not sign th. Fair Campaign Practices Ordinance.
We will not knowingly dis..minat. fal.. campaign information or support those
who do.
Corporate Officer
Company Name
Date
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CITY OF MIAMI BEACH
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ORDINANCE NO 2000-3234
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE
VI, ENTITLED "PROCUREMENT", BY CREATING DIVISION 5,
ENTITLED "DEBARMENT", SECTIONS 2-397 THROUGH 2-406 OF
THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, PROVIDING
FOR DEBARMENT OF CONTRACTORS FROM CITY WORK;
PROVIDING FOR SEVERABILITY; CODIFICATION; REPEALER; AND
AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Miami Beach City Code, Chapter 2, entitled "Administration", Article VI,
entitled "Procurement", is hereby amended by adding the following Division 5, entitled -
"Debarment of Contractors from City Work" reading as follows:
Division 5. Debarment of contractors from Citv work.
Section 2-397.
Purpose of debarment.
;~\
(a) The City shall solicit offers from, award contracts to, and consent to
subcontractors with responsible contractors only: To effectuate this police, the
debarment of contractors from City work may be undertal(en.
,1i'
(b) The serious nature of debarment requifes that this sanction be imposed only
when it is in the public interest for the City's protection. and not for purposes of
punishment. Debarment shall be imposed in accordance with the procedures
contained in this ordinance.
Section 2..398.
Definitions.
(a) Affiliates. Business concerns. organizations, lobbyists or other individuals are
affiliates of each other if, directly or indirectly. (I) either one controls or has the
power to control the other, or (ii) a third part controls or has the power to control
both. Indicia of control include, but are not limited to. a fiduciary relation which
results from the manifestation of consent by one individual to another that the
other shall act on his behalf and subject to his control. and consent by the other
so to act; interlocking management or ownership; identity of interests among
family members; shared facilities and equipment; common use of employees; or
a business entity organized by a debarred entity, individual, or affiliate following
debarment of a contractor that has the same or similar management, ownership,
or principal employees as the contractor that was debarred or suspended.
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(b) Civil judgment means a judgment or finding of a civil offense by any court of
competent jurisdiction.
(c) Contractor means any individual or other legal entity that:
(1) Directly or indirectly (e.g. through an affiliate). submits offers for is
awarded" or reasonably may be expected to submit offers or be awarded
a City contract, including, but not limited to vendors, suppliers, providers,
Bidders, Proposers, consultants, and/or design professionals, or
(2) Conducts business or reasonable man be expected to conduct business.
with the City as an agent" representative or subcontractor of another
contractor.
(d) Conviction means a judgement or conviction of a criminal offense. be it a felony
or misdemeanor, by any court of competent jurisdiction. whether entered upon a
verdict or a plea. and includes a conviction entered upon a plea of nolo
contendere.
(e) Debarment means action taken by the Debarment Committee to exclude a
contractor (and. in limited instances specified in this ordinance. a Bidder or
Proposer from City contracting and City approved subcontracting for a
reasonable, specified period as provided in subsection 0) below: a contractor so
excluded is debarred.
(f) Debarment Committee means a group of seven (7) individual members, each
appointed by the Mayor and individual City Commissioners, to evaluate and. if
warranted. to impose debarment,
(g) Preponderance Greater weight of the evidence means proof by information that,
compared with that opposing it , leads to the conclusion that the fact at issue is
more probably true than not.
(h) Indictment means indictment for a criminal offense. An information or other filing
by competent authority charging a criminal offense shall be given the same effect
as an indictment.
(I) Legal proceeding means any civil judicial proceeding to which the City is a party
or any criminal proceeding. The term includes appeals from such proceedings.
0) List of debarred contractors means a list compiled, maintained and distributed by
the CityDS Procurement Office. containing the names of contractors debarred
under the procedures of this ordinance.
Section 2-399.
List of debarred contractors.
(a) The City's Procurement Office. is the agency charged with the implementation of
this ordinance shall:
(1) Compile and maintain a current. consolidated list (List) of all contractors
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CITY OF MIAMI BEACH
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.' .
debarred by City departments, Such List shall be public record and shall
be available for public inspection and dissemination;
(2) Periodically revise and distribute the List and issue supplements, if
necessary, to all departments. to the Office of the City Manager and to the
Mayor and City Commissioners: and
(3) Included in the List shall be the name and telephone number of the City
official responsible for its maintenance and distribution.
(b) The List shall indicate:
(1) The names and addresses of all contractors debarred. in alphabetical
order;
(2) The name of the department that recommends initiation of the debarment
action;
(3) The cause for the debarment action, as is further described herein. or
other statutory or regulatory authority;
(4) The effect of the debarment action;
(5) The termination date fOi each listing;
(6) The contractor's certificate of competence or license number, when
applicable;
(7) The person through whom the contractor is qualified, when applicable;
(8) The name and telephone number of the point of contact in the department
recommending the debarment action.
(c) The City's Procurement Office shall:
'd;
i:t!i
(1) In accordance with internal retention procedures maintain records relating
to each debarment;
(2) Establish procedures to provide for the effective use of the List, including
internal distribution thereof to ensure that departments do not solicit offers
from, award contracts to, or consent to subcontracts with contractors on
the List; and
(3) Respond to inquiries concerning listed, contractors and coordinate such
responses with the department that recommended the action,
Section 2-400.
Effect of debarment.
(a) Debarred contractors are excluded from receiving contracts, and departments
shall not solicit offers from award contracts to, or consent to subcontracts with
these contractors unless the City Manager determines that an emergency exists
justifying such action. and obtains approval from the Mayor and City
Commission, which approval shall be given by 5/7ths vote of the City
Commission at a regularly scheduled City Commission meeting. Debarred
contractors are also excluded from conducting business with the City as agents,
representatives, subcontractors or partners of other contractors.
(d) Debarred contractors are excluded from acting as individual sureties.
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and any mitigating factors should be considered in making any debarment
decision.
(b) Debarment constitutes debarment of all officers, directors, shareholders owning
or controlling twenty-five (25) percent of the stock, partners, divisions or other
organizational elements of the debarred contractor, unless the debarred decision
is limited by its terms to specific divisions, organizational elements or
commodities. The Debarment Committee's decision includes any existing
affiliates of the contractor if they are (I) specifically named and (ii) given written
notice of the proposed debarment and fin opportunity to respond. Future affiliates
of the contractor are subject to the Debarment Committee's decision.
(c) A contractor's debarment shall be effective throughout City Government.
Section 2-404.
Causes for debarment.
(a) The Debarment Committee shall debar a contractor for a conviction or civil
judgment,
(1) For commiSSion of a fraud or a criminal offense in connection with
obtaining attempting to obtain, performing, or making a claim upon a
public contract or subcontract or a contract or subcontract funded in whole
or in part with public funds;
(2) For violation of federal or State antitrust statutes relating to the submission
of offers;
(3) For commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, mal<ing false statements, or receiving stolen
property;
(4) Which makes the City the prevailing party in a legal proceeding and a
court determines that the lawsuit between the contractor and the City was
frivolous or filed in bad faith.
(b) The Committee may debar a contractor, (and, limited instances set forth
hereinbelow a Bidder or Proposer) based upon a preponderance the greater
weight of the evidence, for;
(1) Violation of the terms of a City contract or subcontract or a contract or
subcontract funded in whole or in part by City funds such as failure to
perform in accordance with the terms of one (1) or more contracts as
certified by the City department administering the contract; or the failure to
perform or unsatisfactorily perform in accordance with the terms of one (1)
or more contracts, as certified by an independent registered architect
engineer or general contractor;
(2) Violation of a City ordinance or administrative order which lists debarment
as a potential penalty;
(3) Any other cause which affects the responsibility of a City contractor or
subcontractor in performing City work.
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Section 2-405.
Debarment procedures;.
(a) Requests for the debarment of contractors may be initiated by a City
Department or by a citizen-at large and shall be made in writing to the Office of
the City Manager. Upon receipt of a request for debarment, the City Manager
shall transmit the request to the Mayor and City Commission at a regularly
scheduled meeting. The Mayor and City Commission shall transmit the request
to a person or persons who shall be charged by the City Commission with the
duty of promptly investigating and preparing a written report(s) concerning the
proposed debarment, including the cause and grounds for debarment as set
forth in this ordinance.
(b) Upon completion of the aforestated written report, the City Manager shall
forward said report to the Debarment Committee. The City's Procurement Office
shall act as staff to the Debarment Committee and, with the assistance of the
City department person or persons which prepared the report present evidence
and argument to the Debarment Committee
(c) Notice of proposal to debar. Within ten working days of the Debarment
Committee having received the request for debarment and written report, the
City's Procurement Office, on behalf of the Debarment Committee shall issue a
notice of proposed debarment advising the contractor and any specifically
named affiliates, by certified mail. return receipt requested, or personal service
containing the following information:
(1) That debarment is being considered:
(2) The reasons and causes for the proposed debarment in terms sufficient
to put the contractor and any named affiliates on notice of the conduct or
transaction(s) upon which it is based;
(3) That a hearing shall be conducted before the Debarment Committee on a
date and time not less than thirty (30) days after service of the notice.
The notice shall also advise the contractor that it may be represented by
an attorney, may present documentary evidence and verbal testimony,
and may cross-examine evidence and testimony presented against it.
(4) The notice shall also describe the effect of the issuance of the notice of
proposed debarment, and of the potential effect of an actual debarment.
(d) No later than seven (7) working days, prior to the scheduled hearing date, the
contractor must furnish the City's Procurement Office a list of the defenses the
contractor intends to present at the hearing. If the contractor fails to submit the
list, in writing, at least seven (7) working days prior to the hearing or fails to seek
an extension of time within which to do so, the contractor shall have waived the
opportunity to be heard at the hearing. The Debarment Committee has the right
to grant or deny an extension of time, and for good cause, may set aside the
waiver to be heard at the hearing, and its decision may only be reviewed upon
an abuse of discretion standard.
(e) Hearsay evidence shall be admissible at the hearing but shall not form the sole
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-r1
basis for initiating a debarment procedure nor the sole basis of any
determination of debarment. The hearing shall be transcribed, taped or
otherwise recorded by use of a court reporter, at the election Committee and at
the expense of the City. Copies of the hearing tape or transcript shall be
furnished at the expense and request of the requesting party.
(f) Debarment Committee's decision. In actions based upon a conviction or
judgment, or in which there is no genuine dispute over material facts, the
Debarment Committee shall make a decision on the basis of all the undisputed
material information in the administrative record, including any undisputed,
material submissions made by the contractor. Where actions are based on
disputed evidence, the Debarment Committee shall decide what weight to attach
to evidence of record, judge the credibility of witnesses, and base its decision on
the prepondenance greater weight of the evidence standard. The Debarment
Committee shall be the sole trier of fact. The Committee's decision shall be
made within ten (10) working days after conclusion of the hearing, unless the
Debarment Committee extends this period for good cause.
(g) The Committee's decision shall be in writing and shall include the Committee's
factual findings, the principal causes of debarment as enumerated in this
ordinance, identification of the contractor and all named affiliate: affected by the
decision, and the specific term, including duration, of the debarment imposed.
(h) Notice of Debarment Committee's decision.
('1) If the Debarment Committee decides to impose debarment, the City
Manager shall give the contractor and any named affiliates involved
written notice by certified mail, return receipt requested, or hand delivery,
within ten (10) working days of the decision, specifying the reasons for
debarment and including a copy of the Comrnittee's written decision;
stating the period of debarment, including effective dates; and advising
that the debarment is effective throughout the City departments.
(2) If debarment is not imposed,the City Manager shall notify the contractor
and any named affiliates involved ,by certified mail. return receipt
requested. or personal service, within ten (10) working days of the
decision.
(i) All decisions of the Debarment Committee shall be final and shall be effective on
the date the notice is signed by the City Manager. Decisions of the Debarment
Committee are subject to review by the Appellate Division of the Circuit Court. A
debarred contractor may seek a stay of the debarment decision in accordance
with the Florida Rules of Appellate Procedure.
Section 2-406. Period of debarment.
(a) The period of debarment imposed shall be within the sole discretion of the
Debarment Committee. Debarment shall be for a period commensurate with the
seriousness of the cause(s), and where applicable, within the guidelines set
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forth below, but in no event shall exceed five (5) years.
(b) The following guidelines in the period of debarment shall apply except where
mitigating or aggravating circumstances justify deviation:
(1 )
(2)
(3)
(4)
(5)
For commission of an offense as described in subsection 2404(a)(1): five
(5) years.
For commission of an offense as described in subsection 2404(a)(2): five
(5) years.
For commission of an offense as described in subsection 2404(a)(3): five
(5) years.
For commission of an offense as described in subsection 2404(a)(54):
two (2) to five (5) years.
For commission of an offense as described in subsections 2404(b)(1) or
(2): two (2) to five (5) years.
(c) The Debarment Committee may, in its sole discretion, reduce the period of
debarment, upon the contractor's written request for reasons such as:
(1) Newly discovered material evidence;
(2) Reversal of the conviction or civil judgment upon which the debarment
was based;
(3) Bona fide change in ownership or management;
(4) Elimination of other causes for which the debarment was imposed; or
(5) Other reasons the Debarment Committee deems appropriate.
(d) The debarment debarred contractor's written request shall contain the reasons
for requesting a reduction in the debarment period, The City's Procurement
Office, with the assistance of the affected department shall have thirty (30) days
from receipt of such request to submit written response thereto. The decision of
the Debarment Committee regarding a request made under this subsection is
final and non-appealable.
SECTION 2. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 3. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it
is hereby ordained that the provisions of this ordinance shall become and be made a
part of the Code of the City of Miami Beach, Florida. The sections of this ordinance
may be renumbered relettered to accomplish such intention, and the word "ordinance"
may be changed to "section", "article," or other appropriate word.
SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
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SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the 3rd day of March,2000.
PASSED and ADOPTED this 23rd day of Februarv. 2000.
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;' ~'
ORDINANCE NO. 2002-3344
"'
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING
PROCEDURES FOR RESOLVING BIDS (BIDS), REQUEST FOR
PROPOSALS (RFP's), REQUEST FOR QUALIFICATIONS
(RFQ's), REQUEST FOR LETTERS OF INTEREST (RFLI's), AND
PURCHASE ORDERS BASED ON WRITTEN OR ORAL
QUOTATIONS, BY AMENDING CHAPTER 2 OF THE CODE OF
THE CITY OF MIAMI BEACH ENTITLED "ADMINISTRATION";
BY AMENDING ARTICLE VI THEREOF ENTITLED
"PROCUREMENT'; BY CREATING SECTION 2-371 ENTITLED
"AUTHORITY TO RESOLVE PROTESTED BIDS AND
PROPOSED AWARDS"; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, from time to time the City procures goods and services
through Invitation for Bids, Requests for Proposals, Requests for
Qualifications, Requests for Letters of Interest, and purchase orders based on
written or oral quotations, in accordance with the public bidding procedures set
forth in Florida law and the Code of the City of Miami Beach (the "City Code");
and
WHEREAS, such process may lead to protested bids and proposed awards;
and
WHEREAS, it is the intent of the Mayor and City Commission that
procedural and technical issues related to Invitations for Bids, Requests for
Proposals, Requests for Qualifications, Requests for Letters of Interest, and
purchase orders based on written or oral quotations, be decided by the City
Manager and the City Attorney, and that their determinations with respect to
said procedural and technical issues shall be deemed final; and
WHEREAS, it is in the best interests of the City and all respondents to
Invitations for Bids, Requests for Proposals, Requests for Qualifications,
Requests for Letters of Interest, and purchase orders based on written or oral
quotations, to have a clear and unequivocal procedure for resolving such
protests in a timely and expeditious manner.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows:
Section 1. Them is hereby added to Article VI of Chapter 2 of the City Code
a new Section 2-371, which shall read as follows:
Section 2-371. Authority to Resolve Protested Bids and Proposed
Awards.
(a) Right to Protest. Any actual bidder, qualified proposer, or interested
parties (hereinafter collectively referred to as the "bidder") who has a
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, '
substantial interest in, and is aggrieved in connection with the solicitation or
proposed award of, a request for proposals CRFP"), request for qualifications
("RFQ'), request for letters of interest ("RFLI') or invitation for bid for goods
and/or services ("hereinafter, collectively referred to as the bid") may protest to
the City Manager or his or her designee. Protests arising from the decisions
and votes of any evaluation or selection committee shall be limited to protests
based upon alleged deviation(s) from established purchasing procedures set
forth in this Code, any written guidelines of the Procurement Department, and
the specifications, requirements and/or terms set forth in any bid.
(1) Any protest concerning the bid specifications, requirements, and/or
terms must be made within three (3) business days (for the purposes
of this ordinance, "business day" means a day other than Saturday,
Sunday or a national holiday), from the time the facts become known
and, in any case, at least two (2) business days prior to the opening
of the. Such protest must be made in writing to the City Manager or
his or her designee, and such protest shall state the particular
grounds on which it is based and shall include all pertinent
documents and evidence. No bid protest shall be accepted unless it
complies with the requirements of this section. Failure to timely
protest bid specifications, requirements and/or terms is a waiver of
the ability to protest the specifications, requirements and/or terms.
(2) Any protest after the bid opening, including challenges to actions of
any evaluation or selection committee as provided in subsection (a)
above, shall be submitted in writing to the City Manager, or his or her
designee. The City will allow such bid protest to be submitted anytime
until two (2) business days following the release of the City
Manager's written recommendation to the City Commission, as same
is set forth and released in the City Commission agenda packet, for
award of the bid in question. Such protest shall state the particular
grounds on which it is based and shall include all pertinent grounds
on which it is based, and shall include all pertinent documents and
evidence. No bid protest shall be accepted unless it complies with the
requirements of this section. All actual bidders shall be notified in
writing (which may be transmitted by electronic communication, such
as facsimile transmission and/or e-mail), following the release of the
City Manager's written recommendation to the City Commission.
(b) Any bidder who is aggrieved in connection with the solicitation or proposed
award of a purchase order based on an oral or written quotation may
protest to the City Manager or his or her designee anytime during the
procurement process, up to the time of the award of the purchase order,
but not after such time. Such protest shall be made in writing and state the
particular grounds on which it is based and shall include all pertinent
documents and evidence. No bid protest shall be accepted unless it
complies with the requirements of this section.
(c) The City may request reasonable reimbursement for expenses incurred in
processing any protest hereunder, which expenses shall include, but not
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be limited to, staff time, legal fees and expenses (including expert witness
fees), reproduction of documents and other out-of-pocket expenses.
(d) Authority to Resolve Protests. The City Manager or his or her designee
shall have the authority to settle and resolve a protest concerning the
solicitation or award of a bid.
(e) Responsiveness. Prior to any decision being rendered under this
Ordinance with respect to a bid protest, the City Manager and the City
Attorney, or their respective designees, shall certify whether the
submission of the bidder to the bid in question is responsive. The parties
to the protest shall be bound by the determination of the City Manager and
the City Attorney with regard to the issue of responsiveness. +He
dotermiAatioR af tl:1e City MaRa€ler aRd tl:1e City ^ttarRey witl:1 re€larl'! ts all
pFG6sl'!uF81 ai'll'! te61:1Rical matteFS 51:1811 be final.
(f) Decision and Appeal Procedures. If the bid protest is not resolved by
mutual agreement, the City Manager and the City Attorney, or their
respective designees, shall promptly issue a decision in writing. The
decision shall specifically state the reasons for the action taken and inform
the protestor of his or her right to challenge the decision. Any person
aggrieved by any action or decision of the City Manager, the City Attorney,
or their respective designees, with regard to any decision rendered under
this section may appeal said decision by filing an original action in the
Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County,
Florida, in accordance with the applicable court rules. Any action not
brought in good faith shall be subject to sanctions including damages
suffered by the City and attorney's fees incurred by the City in defense of
such wrongful action.
(g) Distribution. A copy of each decision by the City Manager and the City
Attorney shall be mailed or otherwise furnished immediately to the
protestor.
(h) Stay of Procurements During Protests. In the event of a timely protest
under this section, the City shall not proceed further with the solicitation or
with the award pursuant to such bid unless a written determination is made
by the City Manager, that the award pursuant to such bid must be made
without delay in order to protect a substantial interest of the City.
(i) The institution and filing of a protest under this Code is an administrative
remedy that shall be employed prior to the institution and filing of any civil
action against the City concerning the subject matter of the protest.
G) Protests not timely made under this section shall be barred. Any basis
or ground for a protest not set forth in the letter of protest required under
this section shall be deemed waived.
(k) At the time the City Manager's written recommendation for award of a bid
is presented at a meeting of the Mayor and City Commission, the City
Attorney, or his or her designee, shall present a report to inform the Mayor
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and City Commission of any legal issues relative to any bid protest filed in
connection with the bid in question.
(I) The determination of the City Manaqer and the City Attornev with reqard to
all procedural and technical matters shall be final.
Section 2. All ordinances, resolutions or parts thereof in conflict herewith be and
the same are hereby repealed.
Section 3. If any section, sentence, clause or phrase of this Ordinance is held to
be invalid or unconstitutional by any court of competent jurisdiction,
then said holding shall in no way affect the validity of the remaining
portions of this Ordinance. It is the intention of the Mayor and City
Commission of the City of Miami Beach, and it is hereby ordained
that the provisions of this Ordinance shall become and be made part
of the Code of the City of Miami Beach, Florida, The sections of this
Ordinance may be renumbered or relettered to accomplish such
intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
Section 4. This Ordinance shall take effect ten (10) days after its adoption on
the 19th day of Januarv. 2002.
PASSED on First Reading this 19th day of December ,2001.
PASSED and ADOPTED on Second Reading this 9tl1 day of January. 2002.
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ORDINANCE NO. 2002-3363
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI
BEACH CITY CODE CHAPTER 2, DIVISION 3, SECTION 2-485
THEREFORE ENTITLED "LIST OF EXPENDITURES; FEE
DISCLOSURE; REPORTING REQUIREMENTS", BY REQUIRING
DISCLOSURE OF LOBBYIST' FEES; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Miami Beach City Code Chapter 2 entitled "Administration", Division
3 entitled "Lobbyist", Section 2-485 thereof is hereby amended to read as follows:
Sec. 2-485. List of expenditures; fee disclosure; reporting requirements.
a. On October 1 of each year. lobbyist subject to lobbyist registration
requirements shall submit to the city clerk a signed statement under oath as provided
herein listing all lobbying expenditures in the city for the preceding calendar year. A
statement shall be filed even if there have been no expenditures during the reporting
period. The statement shall list in detail each expenditure by category. including food
and beverage. entertainment, research, communication. media advertising,
publications, travel, lodging and special events.
'r:;:;:';,,: >>~;, <,,' . ?'< -(i''1:'>'' ", ........X--.::. ," ">>: '. .: .'''^:r'''':>>~ t,,//:';' ::':-i': "--:( :,' .-, .'.. >
....,liklll ~ ~~X1ittJ'l~ bee\!lea9;a~~!!l~""', If no comoensation has or will be oaid
concerninq the subiect lobbv services. a statement shall nonetheless be filed reflectinq
as such.
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s
duty to
~ @ The city clerk shall notify any lobbyist (or principal) who fails to timely file
an the expenditure or fee disclosure reports referenced in sections (a) and (b) above.
In addition to any other penalties which may be imposed as provided is section 2-
485.1, a fine of $50.00 per day shall be assessed for reports filed after the due date.
{e) !ID The city clerk shall notify the Miami-Dade County Commission on Ethics
and Public Trust of the failure of a lobbyist (or principal) to file a either of the reports
referenced above and or pay the assessed fines after notification.
(G).ill A lobbyist fQL..Qrincipal) may appeal a fine and may request a hearing
before the Miami-Dade Commission on Ethics and Public Trust. A request for a
hearing on the fine must be filed with the Miami-Dade Commission on Ethics and
Public Trust within 15 calendar days of recaipt of the notification of the failure to file the
required disclosure form. The Miami-Dade Commission on Ethics and Public Trust
shall have the authority to waive the fine, in whole or in part, based on good cause
shown.
SECTION 2.
REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
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"
SECTION 3.
SEVERABILITY
If section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no
way affect the validity of the remaining portions of this ordinance.
SECTION 4.
CODIFICATION
It is the intention of the Mayor and City Commission of the City of Miami Beach,
and it is hereby ordained that the provisions of this ordinance shall become and be
made a part of the Code of the City of Miami Beach, Florida. The sections of this
ordinance may be renumbered or relettered to accomplish such intention, and the word
"ordinance" may be changed to "section", "article", or other appropriate word.
SECTION 5.
EFFECTIVE DATE
This Ordinance shall take effect l.~th day of ~2002.
PASSED and ADOPTED on Second Reading this 8tl:1 day of May_, 2002.
jJWM r~
CITY CLERK
ArrEST:
(Requested by Commissioner Matti Bower and Co-sponsored by Commissioner Simon
Cruz, Jose Smith and Richard Steinberg)
Shl;lc:ied languagEl reflects changes between first and second reading.
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ORDINANCE NO.
2003-3389
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY
CODE CHAPTER 2, ARTICLE VII BY CREATING DIVISION 5
THEREOF ENTITLED "CAMPAIGN FINANCE REFORM", AND
FURTHER AMENDING CITY CODE SECTION 38-6 ENTITLED
"PROHIBITED CAMPAIGN CONTRIBUTIONS BY VENDORS" AND
CITY CODE CHAPTER 2 BY TRANSFERRING SAID SECTION FROM
CHAPTER 38 OF THE CODE TO CITY CODE CHAPTER 2, ARTICLE
VII, DIVISION 5, RENUMBERING CODE SECTION 38-6 TO CODE
SECTION 2-487; AMENDING SAME BY MANDATING THAT THE CITY
PUBLISH NOTICE REQUIREMENTS OF THIS ORDINANCE,
ESTABLISHING RESPONSIBILITY OF CANDIDATES FOR ELECTED
OFFICE TO DETERMINE STATUS OF POTENTIAL DONOR AS
VENDOR, CLARIFYING AND CREATING DEFINITIONS, CREATING
ADDITIONAL WAIVER PROVISION WHEN TERMINATION OF
EXISTING CONTRACT WOULD BE ECONOMICALLY ADVERSE TO
CITY'S BEST INTERESTS; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, F'LORIDA:
SECTIOlU., That Miami Beach City Code Chapter 2, Article VII, is hereby amended by the
creation of Division 5 thereof entitled "Campaign Finance Refonn" and is further amended by
transferring Section 38-6 entitled "Prohibited Campaign contributions by Vendors" from City
Code Chapter 38 to City Code Chapter 2, Article VII, Division 5 and renumbering said Section
38-6 to Section 2-487, to read as follows:
DIVISION 5. CAMPAIGN FINANCE REFORM
* * *
Sec. J8-& 2-487. Prohibited Campaign Contributions by Vendors
fajA, General.
(1) W No !lemon who is a vendor te-the-city shall give a campaign contribution
directly,or lhrollgfl a memller ef the !larsen's i!llffiediate family, er threllgfl a
!lelitieal aelien ee!llffiittee, er threllgh UIly ether !lefsen, indirectly to a candidate,
or to the campaign committee of a candidate, for the offices of mayor or
commissioner. Commencing on the effective date of this ordinance. all proposed
city contracts. as well as requests for proposals (RFP)' requests for qualifications
(RFOl. requests for letters of interest (RFLI), or bids issued bv the City. shall
incorporate this Ordinance so as to notifv potential vendors of the proscription
embodied herein.
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ill No candidate, or campaign committee of a candidate for the offices of
mayor or commissioner, shall solicit or receiye deposit into such candidate's
campaign account any campaign contribution directly or indirectly from a person
whe is a vendor te the eity, or thrO\lgh a member ef the pemen's immeeiate
family, er thr-eHgR a political actien cemmittee, or tflrOHgfl ElBY ether persen en
Behalf ef the persefl. This prehilJitiefl applies te natural pemens aRe te persens
whe he Ie a eontrollillg HnaReial iBterest in BHsiness eHtities. Candidates (or
those acting on their behalf) shall ensure compliance with this code section by
confirming with the Procurement Division's City records (including City of
Miami Beach website) to verify the vendor status of any potential donor.
(2) A fine of up to $500.00 shall be imposed on every person who violates this
premaition section. Each act of selieitatien, giving or reeeiving depositing a
contribution in violation of this paragraph section shall constitute a separate
violation. All contributions FOeeWe6 deposited by a candidate in violation of this
paragraflh section shall be forfeited to the city's general reyenue fund.
(3) A person or entity who directly or threHgh a memller ef the pefsefl's immediate
family, er thfOHgfl II pelitical astion cOHlHlitiee, er thfeugfl any ether persefl
indirectly makes a contribution to a candidate who is elected to the office of
mayor or commissioner shall be disqualified for a period of 12 months following
the swearing in of the subject elected official from tFII!ItlIIcting BHsilless serving
as a yendor with the city. This pF-ehiBitian-en tfansllcting aHsiness with the c-ity
ma-y Be waivee enly ill the mallller flfflvided horeiHilelow in suBseetiofl (b).
(4) As used in this section:
(a) 1., A "yendor" is a person and/or -".!Itity who transacts Busilless with the
e-ity,-af has been aflPfeVee by the e-ity eOlflHlission to transaet BHsiness
,....ith the city, or is listee on ~he city-manager's appro",'ed veneer list.
selected by the City as the successful bidder on a present or pending bid
for goods, equipment or services, _or has been approyed by the City on a
present or pending award for good~, eQuioment or services, prior to or
upon execution of a contract. purchase order or standing order.
2. "Vendor" shall include natural persons and/or entities who hold a
controlling fiIlancial interest in a vendor entity. The term "controlling
financial interest" shall mean the ownership, directlv or indirectly, of
10% or more of the outstanding: capital stock in any corporation or a
direct or indirect interest of 10% or more in a finn. The term "firm" shall
mean a corporation.J!artnership, business trust or any legal entity other
than a natural person.
3. For purposes of this ordinance, "vendor" status shall terminate upon
completion of the agreement for the provision of goods, equipment or
services.
ill For purposes of this section, the term "services" shall mean the rendering by a vendor
through competitive bidding or othelWise, of labor, professional and/or consulting services to
the City of Miami Beach.
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,.j
~ /\ "eontriautien" is:
h ^ gift, suaseriptioll, eon'/Byanee, deposit, IOIHl, payment, or
distriautien ef melley er 1HI)~hing of vallie, ineluding
eontrialltiolls in kind having an attrialltable mOlletary vallie.
;h .\ transfer of funds aetweell politieal eammittaes, aBtweBfl
ea_ittees of eantiHUous mdstenee, er aetween a politieal
eEl_ittee IHId a eElllliRittee of eontiffilaHs existenee.
'"
~ The payment, ay IHIY persoll ather thlHl a eafldidate or politieal
eElmmittee, Elf eaffiflBfls!ltion fer tile personal s6fviees af afIather
person -dOOh are .f6Il.defed to a eanaidate ar palitieal eammittee
withellt-eflarge ta the eandidate ar ee_itteB for slleh sBrviees.
4, The tmflsfor of funds ay a earnpaign treasllfor er dllfluty ellffi\laign
trea&UTBr aetweBfl a ~---Elepository and a sBflaffite
intefest aearing aeemmt er eertifieate of deposit, and the teFIR
inellides any interest eamed ell slleh aeeBllHt er eertifieate.
(f} The tenll contJjbJ!tioil shall h_(lve Jp.e meaning ascribed to such term in
Chapter 106. F).Qrida Statlltes, aLamended an<Lsupplemented (copies
available in City Clerk.!i.offiy~1
~!L Conditions for waiver of prohibition. The requirements of this section may be waived Qy
a 5/7th vote. for a particular transaction by dty commission vote after public hearing
upon finding that:
i (B--~ opea te all~petit~~.2r prBflBHal-bas been subfl~-and the
e~ff!6ia!fdenee has ill-He-way jlnrttcifllHe4-ill-the-tleteFIRination sf the-bid
" ~ns or bid-avfllflit
~)ill 'TIle preperty good~gllimTI';.lli or services to be involved in the proposed
transaction are unique and the city cannot avail itself of such property goods.
eauipment or services without entering into a transaction which would violate
this section but for waiver of its requirements; or
(J-)ill The business entity involved in the proposed transaction is the sole source of
supply within the city as dtl"'-.rminedJI.Y_the Ci!is Procurenlent Director in
accordance with proceill!fYs establisl]sd in section 2-367( c) of the Miami Beach
City Codl;; or
-(41ill An emergency contract (;Is authorized P...Y.the City Manager pursuant to section 2-
396 of the Miami BeachJ'itY..~ode) must be made in order to protect the health,
safety or welfare ofthe citizens ofthe city, as determined by a five-sevenths vote
of the city commission,; or
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Mntr~~ tor t1thec~rovisiOJ~J~eauiDJ.nent Of services e.xi~ts ~hicf-uM
Ui:1 t; Y It:: Y. wuu ~ CI,;UUUHlll,; 111 t;1t:: :s U
Any grant of waiver by the city commission must be supported with a full diselosure of the
subject campaign contribution.
~C. Applicability. This section shall be applicable only to prospective transactions, and the
BID NO: 36-05/06 CITY OF MIAMI BEACH
DATE: 06/23/06 123
city commission may in no case ratify a transaction entered into in violation of this
section.
SECTION 2. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it
is hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renwnbered
or relettered to accomplish such intention, and the word "ordinance" may be changed to
"section", "article," or other appropriate word.
~TION 5. EFFECI1VE DATE
Thill Ordinance shall take effect the _~~.dayof Janua 2003.
PASSED and ADOPTED this 8th day of 03.
ATTEST:
~~~
(Requested by Commissioner Jose Smith. and approved by Community Affairs Committee)
(Passed on 1st Reading on December II, 2002)
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BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
124
F:\PURCISALL \Roman\ORDlNANCES\CAMP AIGN ORDlNANCE2003.3389.doc
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ORDINANCE NO. 2005-3494
AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE
CHAPTER 2, ARTICLE VI, DIVISION 3, BY CREAnNG SECTION 2-373
THEREOF, ENTITLED "REQUIREMENT FOR CITY CONTRACTORS TO
PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS," BY
MANDAnNG THAT CITY CONTRACTORS PROVIDE EQUAL BENEFrrS FOR
DOMESTIC PARTNERS; PROVIDING FOR REPEALER, SEVERABIUTY,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS. it is in the best Interest of the City to be responsibie to the changing
needs of 80Ciety and to treat all persons fairly and equitably; and
WHEREAS. the City recognizes that long-term committed relationships foster
economic stability and emotional and physiological bonds; and
WHEREAS, the City has adopted a humlUt rights ordinance and seeks to comply
with the full spirit of it.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
e' i!ti: m?gTION 1. That Miami Beach City Code Chapter 2. Arllcle VI. Division 3. is hereby
.!l\1' amonded to create a new Section 2-37~-l therem. entitled "Requirement for City
'.. ..'li't ContractOl'$ to Provide Equal Benefits for Domestic Partners". to read 115 follows:
ARTICLE VI" PROCUREMENT
...
DIVISION 3. CONTRACT PROCEDURES
...
SECTION 2-373. REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE
EQUAL BENEFITS FOR DOMESTIC PARTNERS
lA) Qeflnitions.
For DUrDOses of this section only. the followina definitions shall acolY:
,
ill Benefits mean tha followina Dlan. Droaram or coliey orovided or offered bv a
Contractor to its emDloyees as Dart of the amDloyer's total comoensation Dackaae:
sick leave. bereavement leave. familY medical leave. and health benefi1s.
IUD NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
125
';"1.,'
, i
ill BId shall mean a comoetltlve bid orocedure established bv the City throuah ttlt
issuance of an invitation to bid. reQuest for oroDOsals. recuest for Qualifications. or
reauest for letters of interest.
Q) Cash eQuivalent means the amount of money oaid to an emolovee with a
Domestic Partner (or SDOUS8. if soolicable) in lieu of orovidina Benefits to the
emDIovee's Domestic Partner (or $DOuse. if aDDilcablel. The Cash EaulYilent ill
eaual to the emDlover's direct exDense of Droviding Benefits to an emDlovee for his
or her SDOuse.
Cash eQuIvalent. The cash ecu!'(~ient of the fo.owina benefits aooly.
L For bereavement leave. cash Davment for the number ofdavs thll
~ alowed as oaid time off for the death of a soouae. Cash
oavment would be 10 "e form of the waaes of the domestic Dartner
ernoIovee for the number of dava allowed.
b. For health benefits. the cost to the Contractor of the Contracto(s
share of the sino. monthly oremiums that are belna oald for the
domestic cartner emDlovee. to be Daid on a regular b8~ )YhlIe the
domestic oartner en'l!lovee malntlins such insuran~ in force for
himself or herself. i
sc. For familY medical leave. ca~lLllayment for the number of davs that
=~~=:*~=~~S~~=~~!1S
of davs allowed.
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related servlces or any combination of the foreaolna.
nt 2
either the current or the Drecedina calendar vear. Work n
and non-consecuUve work we~
~ Covered Contract means a Contract between the City and
subseauent to the date when this section becomes effective valued at qyer
$100.000,
ill Domestic Partner shall mean anv two (2) adults of the same or different sex.
who have reolstered as domestic Dartners with a Governmental bodY Dursuant to
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
126
.",
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state or local law authorizina such realstratlon. or with an intemal reai\ltrv maint{lined
bv the emolaver of at least one of the domestic cartnera. A COntractor may institute
an Intern81 reoistrv to allow for the orovislon of eaual benefits to emDlovees with
domestic cartner who do not reolster their cartr]ershios DUfSUant to a aovemmental.
Dlv authorizino such realltration. or who are located In a iudldlction where no such
aovemmental domestic oartnersbip reclstrv exists. A COntractor that Institutes such
reaistJy shan not imoose criteria for realstratlon tbat are more strlnoent than those
reoulred for domestic cartl'lenthio r89istratlon by the City of Miami Beach.
W Equel Benefits means the eauality of benefits between emolovees with SOOUS8S
and emolovee8 with DomestlQ Partners. and/or between SOOUS9S of emDlovees and
pomestIc Partners of emoIove98.
UU Eaual Bene{!ta Reauirements.
ill All B~' for Covered COntracts WhiQl'l are lsaued on or after thjJ
effective date of this section shall include the reauirement to orovlde Eaual BeneflUl
in the Dl'OCUrement soeclficatil;lns for such l)lds,
~ The CI(y shan not .enter Into any Covered Contract unlul....tbl
~9f'tI;1:lctor certifies that such Con1ractor does not discriminate In the oroviSion of
B~j)j!tween amoIovees with Doma6tlc Pllrtners and emalovees with .DOUseS
iOO/OI' &>etween thf! Dome~ Partners and SOOi.lll~ of such emDlomL
}" ill ~\Ich certiflcation shall be ill writina And lIDill be sianed tr!' an
autharized 9fficer of the ~tractor and delivered. alano wIJl a description of the
Contractor's emolovee benefits clan.. to the Cltlt.LProcurement Dltec:tor D~r to
enterina into such covered Contract.
W The City ManlKler or bltllher desianee shaH reiect a Con~r's
~=~::;::; ~rhr::~r::'::a:ra~u~==~
certification was created. or is bjaina used for the DUlDOse of evadlpa V'e
reaulrements of ~i8 section.
~ the Contractor shall orovide thf.! Qity and/or the City Manaoer or
hislher desianee. access to its records for the ouroose of. audits and/or
~i:~~;. ~:~=~:~n:: l~nE:::~~:~;~:H
Manaaer has received a comolj!int or has reason to believe the Contractor may not
be in comallance with the arovislons of this section. This shall Include but not be
limited to arovldina the City and/or the City ManlKler or hlslher. deslanee with
certified coales of all of the Contractor's records oertainina to its BenefIts DOlleles
and its emolovment DOllcles and practices. .
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
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"
, '
, i
I
LID The Contractor must DOst a coov of, the followine statement ill
consDicuous Dlaces at its Dlace of business a~Hable to emDlovees and aDDlicants
for emolovment:
"Dunne the oerformance of a Contract with the Ci\)' of Miami
~each. Florida. the Contractor will orovide Eaual ~" to its
emDlovees with SDOus81 and its emDlovees with Domest~
Partners".
jhe DOSled statement must also I~ude a Citv contact teleollone number which wi.
be Dl'OVid,d each Contractor when the Covered Contract Is execut~,
ill The Contractor may not set uo or use ita contractina anti\)' for the
ouroose of evadinG the reaulrements Imoosed by this section.
~ Other Octlons for ComDllance,
ProvidJld that the Contractor does not discriminate in the orovlslon of Benefl!L.i
Contractor may also comolY w.iIb tbill section In the followinG wave:
.h :u The Contractor may orovlde an emolovee with jhe Cash ECIlI1!~ent Qf
sUCjI] ~eogflt or Benefi~. It!he Ci\)'.. Mani.aer or blJlher dH!gnee determines that
~1I:her:.
il Ihe ContractoLlJQS !:.118~ a reasonable vet un8uf;C88S~
orov~e Eaual ~eneflts. The Contractor sblll pf'O'll@ the Clti tt'al)eoer or hls{her
~~~~=':::nir:=:=:e~:,.~.:e:::
Cash EGulYa,,"t orooosad. alona with its certificate of comDllanc,. al II reaulred
under subsection (~) of this section. The City Mensaer or l1lI.9ealat'" Ih;!". !:>aaed
:;:":=.='~:~:~~;~=S==n=
pursuant to the reaulrements ottbis section: or '
.!U Under the circumstances. it would be unreasonabl4l to reauire the
Contractor to orovlde Benefits to the Domestic Partner (or soouse. If aoolgble),
21 The Contractor orovides benefits [leither to emoloyees' &DOuses nor to
emolovees' Domestic Partners.
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
128
!ill Aoolicabilitv.
.ll Unless otherwise exemot. a Contractor Is sublect to and shall comDly with
~II aODllcable DlOylslons of this section.
~ The reaulrements of this section shall saDly 10 Contractor's oDerations as
follows:
il Emolovees of a Contractor with a Coyered Contract who work
wBhin the City limits of the City of Miami Beach. Florida: and
bl !he Contractor's emo!oyeea 1ocate<l,ln the United States. but
9Utside of the City of Miami Beach limits. if those emoloyees are <!irectly oerformlna
WOrk 00 the Covered Contract within the City of Miami ~each.
r:
{E} Mandatorv Contract PlOVi~lons Pertalnlna to Eaual BenefitJ,
u~::.~~~e exemDt. every Covered Contract sh~11 contain lanauaae that
Qj '___ th ntractor to comoly with the aODllcable Drovillions of this section. Th@
I~ shaD lncIu~e Drovllions for the following,;
j) OUrlna the cerfonnance of the Covered Contract. the Contractor certiflt'
llnd ~nta that It will comolv with J~is section.
~} lb. f~ilure of the Contractor to comoll( rovilhis sectjgn will be deemed to
!?e f1 meJetial breach of tbe Co~r09 Qonb.:QJ:3..
~1 It the Contractor fal!.8 to comply with this section. the City may termlna~
the Coyered Contract and..J.Il mOl)I,1l due or to become due under the Covered
CQntract may be retalned ~y the CItv. 1he City may al80 DUrsue eny and a~
remedies at law or in eQuitv for any breach.
41 If the City Manaaer or h!i dQslanee d~termio!!S th~ a Contractor has set
UD or use<! its contractlna eQ.tltv for the DUrpoS8 of evedjna the reaulrements of ib.lI
section. the C~ mav IermlOilte the Covered Contr.m
ID Elnure to comolY w~.h this secUon may subitct the Contractor to th~
Procedures set forth il! Division 5. entlt~ "Q@bamlent Of Conqctors from City
Work."
1E.l Enforcement.
.ll If the Contractor faits to comply with the orovisions of this section:
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
129
,.,'1
I
1} The failure to comolv may be deemed to be a material breach of
the Covered Contract: or
21 1)1e CitY may terminate the Covered Contract: or
a1 Monies due or to becOme due under the Covered Contract may ~
retained bv the City untS comDliance is achieved: or
~ The Citv mav also oursue any and all other remedies at law or In
eQUity for any l?reach;
ID ';~~:, t~ :":~ w~~ ~~s section may also sublect Contractor .to
~ orocedures 8 n Iv n e iiti8d "Debarment of Contractors from Citv
Work."
!9.l Non-aDDlIca~llitY. Exceotions and Waivers,
1} The Drovisions of lhls~jQn shall not aDDlv where:
Jl The Contractor Dl32vid8s Benefits neither to . emolovees' socuses
IlQr to emDlovees' pomestlc Partners.
Ql The Contractor is a religious ol"ailDlzallon. association. soc;ietv or
IDY.;...non-profit charitable or eduCational Institution or oraanlzation ooerated.
!\UlIIY~ or ~ bv or Jo ~~ith a rellaious Ol'Q8nlzatlon.
ilSs,?cl~llQll Qr society.
Q} The Contractor is l:l oovemmental entity.
Zl The Dravlslons of this section shall not aoclv to Covered Contracts whioo
im1llYJ!;
il The sale or lease of CitY orooel'\y.
Ql Develooment aareements entered into oursuant to Chaeter
163.3220. FIQrida Statutes. (the "Florida Local Govemment OeveloDment
Aqreemenn. as same mav be amended.
Q} The ~rd. oursuant to cornoetitiye orocesses. of CDBG. HOME.
SHIP and Surtax Funds administered bv !/'Ie Citv's OffIce of Community
Develooment.
Q.} The award. Dursuant to comoetitlve oracesses. of Cultural Arts
Council Grants.
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
130
I.",
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!.l ~ roUlsitlon.. of orofessional architectural. enaineerlna.
land::O; a~~~ral~ or survey and m,:oing sarvlces oracured oursuant to
Cha 87.0 rid statutes (the "Co ltants' Comoetitive Neaotiatlon Act"),
as sarna may be amended. .
n T~e orocurement of life. health. accid~nt. hosoltalization. laaal
:XD:~r:: iC:;;;ar:: ~I ~ any ~liu!s of other insurance for the officers and
m . the deoendents of such oftIcers and ernDlovees. from
a arouo inaurBnc& Dlan.
a1 Uoon the reauest and written recommendation of the City Mansaer. the
City Commission mav. by resolution ad~ bv a ~venth (517ths\ vote of the
CItv Commission. waive comDllance of this section under the foItow1na
circumstances:
Jl~ Covered Contract Is necessarv to resoond to an emeroencv.
wh~:~=:;n:~:n:=~:~ested. uoon written recommendation of
the _ r I I the Citv Cgmmlsslon. For DUmoses 0(
;;~ u~er this subaectlon onlv. In determioina whether there Is an erneraency.
the CItv Commission may consider the foIloW1no non-e/.SclusMl facto!:!!;.
The nature of the Covered Contract:
The lenoth of the Covered ~ntract;
The cost of the Covered Contract:
Whether Grants are Involvt.dID the Covered ContJ:N and trnt
reaulrements of those arants
:= ~re Is a need to ~ materiils. 00001. and
_~ fu _ iMled Immedlatelv and the conseauenC8S of a
delay 11'1 hevir,; those matedals. aoodt..am1~
fumlshed:
The moneta" consecuences if action is not teken
Immedlatelll:
Anv health. safety. and welfare jllsues that mav be involved.
lnaeased labor costs. and schedullna of labor:;
!.he need to comDlste work before a strict deadline: or
The imosct of dplavina one chase or oortlon of a Droiect on
the other chasels\ or Dortlon(s\ of the ~
Ql Where onlv one Bid resoonse is received:
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Q} Where more than one ~id resoonse is received. but the Bids
d:;on~u:~ t~~e none of the bidders can comDlv with the reaulrements of this
s~ _ or more Of the Bids received would otherwise have been
r ~Iv; If ~Dliance with this section woulsJ not have been listed as a
reaulrement in the Bid soeclflcalions:
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
131
""~.........,-
Q.} Where more than one Bid resoonse Is received and Bid resoonses
are received from:
!l
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ill
one or more b1ddenl that comDlv with the reauirements of
th~ :c:r:nb~::" otherwise resoonslve: and
or' that do not or cannot comDlv with tml
:==~ Of this section. but wouid otherwise have been
_ _ comDliance with this section would not have
b;; i~ ~I ~ r&auirement In the Bid soecifications: and
:: p:::me~ 0:01'8 revlaw of the Bids demonstrates
t st Bid (and/or the DtODOfled Covered
~ ;hlch maY be nannIIAtAd for such Bid), as
sub;ihcs ~ the lowest resoonslve bidder which corngliE!f
~ ~ ~~~nts of this section (or. In the case of a
;..rokt~-;I.~ De DOSSI of the toD-l1lnked oroooaer). would be
_ rcent (5%l. or two hundred fifty thousand
doli;; (S~~OOO\ (whichever il leu). greater than the
lowest res naive bid submltt8cl by the bidder which does
=~Jy ~.: the reaulrements 9f thll section but wou!c1
h been resconslve If cornDllenc8 with thlt!
section would not bave b. "sled as a reauIrJmJDt iJl th_
Bid SD8clflcatloos (or. In the case of a J2.,rgnosal. whSlP the
~D08er which does not comoly wlttj tht
;;;uimments of this section. but would otherwise hfIV' 'been
:on::,.: if comollarK;e with this section would not' have
Ii as a reQUirement in the Bid so,citlcatlona):
iIil
LtU ConsistencY with Federal or State Law.
The ~~a~orof :i~~n do not aDDIv where ~e application of these orovlsions
wgyl viol e i tent with the laws. rules or reaulations of federal or state
law. '"0; ~f t~~~~lc:nra:'Uid violate or be inconsistent with the telms or
condition art with the United States of America. the State of
FI~rlda. ~r the l~iNctIon of an authorized reDresentatlves of anv of these aaencies
'filth resoect to anv erant or contract.
ill N~:~ In th:a sectl: shall be construed to limit the City's authority to cancel or
telm' Con ct. d v or ~thdraw aooroval to DeI'form a subcontract or orovlde
sUDDIl;S~ ISsue a non-resoonsibllity findlne. issue a non-resoonslveness flndina.
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
132
/' '''<"
deny a oerson or entltv ore-Qualifications, or otherwise denv a oerson or entitY City
business.
ill Tlmina of ADDllcatlon.
T~i~~:': ~ ~f'n:~~ onlv to Covered Contracts awerded DUrsua"t to Bids
w ____ _ ( _ _~__ from the date when this section becomeS effective.
Ia!CTlON 2. REPEALER
All ordinances or parts or ordinances in conflict herewith be the same are hereby
repealed.
~.IKUU., SEVERABIUTY
If arlY section, sentence, clause or phraoo of this eminence ill held to be invalid or
unconstllutlonal by any court of competant jurisdicllon. then said hOlding shall In no
way affect the validity of the remaining portions of this ordinanoo.
~~.I!9.!ti. ~IFlCA1IOl:!
111$ iutention of the Mayor and City Commission of the City of Miami Beach, and It ill
htlli(lOY oroainfld that the provisions of Ittls on:llnanC6 shall become and be made a
pm! of th~ Code of the City of Miami Boach. Florida. The sections of this on:llnance
may be jrenllmbered or reletterod to accomplish such Intention. and the word
'ordinlll1<;e" may be changed to "sedlo"", "article", or other appropriate word.
!$i:CTION ~. EFFECTIVE DATE
This Ordinal1OO sholl take eIfect the 29th
PASSED and ADOPTED thl.l~ day of Oetober ,2
Oetober 2005.
-' -
~t f~
-~
ATTEST:
David Denner
CiTY CLERK Robert Parcher
IWRCNFiDM10
FORM" l..ANGUAGI
a. FOR exECUllON .
111 ~ J(J'o- /O-oS
CIly /'d1.OIIWt Dale
F~R\RI!SOS-ORD'Equ.'-'" 00dI..... (FlnaO._
BID NO: 36-05/06
DATE: 06/23/06
CITY OF MIAMI BEACH
133