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CITY OF MIAMI BEACH, FLORIDA
PROCUREMENT DIVISION
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
CONSTRUCTION CONTRACT DOCUMENTS
PROJECT MANUAL FOR THE FOLLOWING PROJECT(S):
CONSTRUCTION OF THE CITY OF MIAMI
BEACH REGIONAL LIBRARY
INVITATION TO BID NO.: 02-01/02
http:\\d.miami-beach.fl.us
E-mail: guslopez@d-11113nd-beach.fJ..us
Telephone: 305.673.7490
Facsimne: 305.673.7851
BID NO: 02-01/02
DATE: 11/02/01
CITY OF MIAMI BEACH
1
CITY CLERK.
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I
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NOTICE TO USING DEPARTMENT(S) AND CONSULTANTS
Any deviations from City of Miami Beach Standard Form Construction Contract
Documents or any conflicts between the Technical Specifications, or the Supplementary
Conditions and these Documents must be submitted in writing to the City's Procurement
Director and to the Office of the City Attorney for approval prior to the public notice of
the Invitation for Bid. All deviations or conflicts with the standard form must be listed by
paragraph number and page number.
() There are no deviations
() There are deviations and/or conflicts per the attached pages D1 through
(Using Department)
(Director)
(Consultant)
Changes approved by:
City Attorney
Procurement Director
Date
Date
BID NO: 02-01102
DATE: 11/02/01
CITY OF MIAMI BEACH
2
TABLE OF CONTENTS
PAGE
NOTI CE FOR BIDS......... ......................................................................... ...... ................. ............. 7
PLANS & SPECIFICATIONS ORDER FORM ....................................................................... 10
00100.
00200.
00300.
00400.
00405.
00407.
00410.
00500.
BID NO: 02-01/02
DATE: 11/02/01
GENERAL INSTRUCTIONS TO BIDDERS ................................................... 11
DEFI N ITIONS ...................... ...................... ............... ......... ........... ...................... 12
INSTRUCTIONS TO BIDDERS .......................................................................16
1. Examination of Contract Documents and Site ................................... 16
2. Pre-Bid Interpretations ........................................................................... 16
3. Submitting Bids .................................................. ..................................... 17
4. Printed Form of Bid ................................................................................ 17
5. Bid Guaranty.......... ..................... .................................... ..... .................... 17
6. Acceptance or Rejection of Bids.......................................................... 17
7. Determination of Award ......................................................................... 18
8. Evaluation..... .................................. ................................ .............. ........... 18
9. Contract Price ..................................... .................................................... 18
10. Postponement of Date for Presenting and Opening of Bids ........... 18
11. Qualifications of Bidders........................................................................ 18
12. Addenda and Modifications .................................... ............................... 19
13. Prevailing Wage Rates ...... ..................................................... ............... 19
14. Occupational Health and Safety...........................................................19
15. Environmental Regulations ........................... ........................................ 20
16. "Or Equal" Clause..... ..............................................................................20
17. Protested Solicitation and Award .........................................................21
BI DITEN DER FORM....... .................................................... ..................... ..........22
CITY OF MIAMI BEACH LICENSES, PERMITS AND FEES .....................25
SCHEDULE OF PRICES BID ...........................................................................26
BID GUARANTY FORM
UNCONDITIONAL LETTER OF CREDIT.......................................................27
SUPPLEMENT TO BIDITENDER FORM
au ESTIONNAIRE.............................. ......................................... ............ ...... .....29
CITY OF MIAMI BEACH
3
00520.
00530.
00540.
00550.
00600.
00708.
00710.
00720.
00721.
00735.
00800.
TABLE OF CONTENTS
(Continued)
SUPPLEMENT TO BIDITENDER FORM
NON-COLLUSION CERTIFICATE ........................... .......................... .... ......... 35
SUPPLEMENT TO BIDITENDER FORM
DRUG FREE WORKPLACE CERTIFICATION ............................................. 36
SUPPLEMENT TO BIDITENDER FORM
TRENCH SAFETY ACT.............................. ......................................................38
RECYCLED CONTENT I NFORMA TION.......... ..............................................40
CONTRACT......... .......... ............................. ..................................... .......... ...........41
FORM CERTIFICATE OF INSURANCE ........................................................ 51
FORM OF PERFORMANCE BOND ............................................................... 52
FORM OF PAYMENT BOND ...........................................................................55
CERTIFICATE AS TO CORPORATE PRINCIPAL.......................................58
PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL LETTER OF CREDIT....................................................... 59
GENERAL CONDITIONS ......................... ......... ............................... ................61
1. Project Manual...... ......... ............. ............. ...................... ........... .............. 61
2. I ntention of City.. .......... ............ ....... ........ .......... ............................. .........61
3. Prelimi nary Matters ........ .................. ...................................................... 62
4. Performance Bond and Payment Bond .............................................. 63
5. Qualification of Surety................. ................ .......... ........................ ......... 64
6. Indemnification............................ ........................................ ....... .............66
7. Insurance Requirements .......................... .............................................66
8. Labor and Materials ........... ......... ............. ..... ..........................................69
9. Royalties and Patents .......................................................... .................. 70
10. Weather....... ................... ........... ................ ..................................... .......... 70
11. Permits, Licenses and Impact Fees ....................................................70
BID NO: 02-01/02 CITY OF MIAMI BEACH
DATE: 1l/02/01 4
TABLE OF CONTENTS
(Continued)
12. Resolution of Disputes ........................................................... ................71
13. I nspection of Work ......................................... .... .............................. ....... 72
14. Superintendence and SuperJsion....................................................... 72
15. City's Right to Terminate Contract....................................................... 74
16. Contractor's Right to Stop Work or
Terminate Contra ct..... ................................. ..... ....... ........ ..... ............. .....75
17. Assignment. ......... ............... ................ .......... .......... .......... .............. ......... 75
18. Rights of Various Interests.................................................................... 76
19. Differing Site Conditions .......................................................... .............. 76
20. Plans and Working Drawings ............................................................... 77
21. Contractor to Check Plans,
Specifications, and Data .......................... ................................ ..............77
22. Contractor's Responsibility for
Damages and Accidents ....................................................................... 77
23. Warranty............... ...... ........... ................................... ................................ 77
24. Supplementary Drawings ...................................................................... 78
25. Defective Work...... ....................................... ........................................... 78
26. Taxes ................................... ...... ...............................................................79
27. Subcontracts......... ......... ......................................... ................................. 79
28. Separate Contracts ...................................... ....... ......... .................. ........ 79
29. Use of Completed Portions ...................................................................80
30. Lands for Work.... ...................... .......... ............... ............. ................ ........81
,31. Legal Restrictions and Traffic Provisions ...........................................81
32. Location and Damage to Existing
Facilities, Equipment or Utilities ............................................................ 82
33. Value Engineering ........................... .............. .................. ....................... 83
34. Continuing the Work..................... ..... ..................... .............. ..................83
35. Changes in the Work or Terms
of Contract Documents.................. ................................. .......................83
36. Field Orders and Supplemental Instructions ...................................... 84
37. Change Orders........... .......... ......... .................. ........................................ 84
38. Value of Change Order Work ............................................................... 85
39. Notification and Claim for Change of
Contract Time or Contract Price ..........................................................90
40. No Damages for Delay.......................................................................... 90
41. Excusable Delay; Compensable;
Non-Compensable ........ ...... ................. ..................................................91
42. Substantial Completion..... ............................... ........ ........ .......... ........... 92
43. No Interest............................................................................................... 92
44. Shop Drawings....... .............................................. ...................... .............93
BID NO: 02-01102 CITY OF MIAMI BEACH
DATE: 11/02/01 5
00900.
00920.
00922.
00923.
00925.
00926.
00930.
00950.
01000.
02000.
03000.
04000.
05000.
06000.
BID NO: 02-01/02
DATE: 11/02101
TABLE OF CONTENTS
(Continued)
45. Assignment....... ................................................ .......................................94
46. Safety and Protection............. .............................................. .................. 95
47. Final Bill of Materials .............................................................................. 96
48. Payment by City for Tests ..................................................................... 96
49. Project Sign ...... ....... ...... ........ ..... ...................... .......................... ....... ...... 96
50. Hurricane Precautions ................ ....... ............. .................. .....................96
51. Cleaning Up; City's Right to Clean Up ................................................ 97
52. Removal of Equipment .... ..................... ................................................. 97
53. Nondiscrimination, Equal Employment Opportunity,
and Americans with Disabilities Act..................................................... 97
54. Project Records .............. ............................................................ ..... ....... 98
SUPPLEMENTARY CONDITIONS ........... ..... ................................................. 99
ADDITIONAL ARTICLES ......................................................... .......................100
1. Prevailing Wage Rate Ordinance......................................................... 99
2. . Federal Grant Projects........................................................................... 99
STATEMENT OF COMPLIANCE
(PREVAILING WAGE RATE ORDINANCE NO. 83-72) ............................101
STATEMENT OF COMPLIANCE
(DAVIS BACON ACT)........................... ................................ ...........................1 02
1 . Wage Ordinance ................. ......... .......... ........................... ............... .....103
CERTIFICATE OF SUBSTANTIAL COMPLETION....................................107
FINAL CERTIFICATE OF PAYMENT ...........................................................1 09
FORM OF FINAL RECEIPT............................................................................110
DRAWINGS INDEX .........................................................................................112
ADDENDA AND MODIFICATIONS ...............................................................114
TECHN ICAL SPECIFICATIONS .................................................................... 115
BID PROPOSAL FORM ........................................................ .......................... 120
ACKNOWLEDGEMENT OF ADDENDA ...................................................... 121
CUSTOMER REFERENCE LISTING................... .........................................122
LOBBYIST, CONE OF SILENCE, DEBARMENT, CAMPAIGN
CONTRIB UTI ONS..... ......... ........ ............ ..................................... ....................124
CITY OF MIAMI BEACH
6
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CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE. MIAMI BEACH. FLORIDA 33139
http:\\cl.miami-beach.fl.us
~
PROCUREMENT DIVISION
Telephone (305) 673.7490
Facsimile (305) 673.7851
INVITATION TO BID NO. 02-01/02
ADDENDUM NO.6
December 20, 2001
CONSTRUCTION OF THE CITY OF MIAMI BEACH REGIONAL LmRARY
is amended as follows:
I. Correction:
The following question and answer that was addressed in Addendum 5. Page 5 is amended. as
follow:
Q. Does the City of Miami Beach Regional Library calls for light weight concrete deck or
metal deck?
A. There is light weight concrete on metal deck as indicated in the plans. Bidders are
encouraged to look at the plans.
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 MIA.i.\fl BEACH
~:~~t~:~..~~~;~'
'( .r'. ~. .4:~;"~'.-"
Gus Lopez, CPPO
Procurement Director
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CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE. MIAMI BEACH. FLORIDA 33139
hllp:\\ci.miami-beach.f1. us
~
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
INVITATION TO BID NO. 02-01/02
ADDENDUM NO. S
December 17,2001
CONSTRUCTION OF THE CITY OF MIAMI BEACH REGIO~AL LIBRARY
~ amended as follows:
I. The Bid Opening date is changed from December 19, 2001 to December 21, 2001 at 3:00
P.M.
D. The following are answers to questions by prospective bidders.
Q. The docmnents indicate two (2) Notices to Proceed. Is the first NTP the start of the
contract time of 426 calendar days or is the second NTP the start of the Contract time?
A. The Contract time of 426 calendar days wiD start upon issuance of the Second
Notice To Proceed. Please refer to Section 00600 "CONTRACT", Article No.2,
Paragraph 2.1 "Contract Time" of the Construction Contract Documents for
important information regarding the two Notices to Proceed
Q. Is the AlA fonn for the Bid Bond acceptable?
A. Please refer to Section 00300 Para. 5, Page 17, "Bid Guaranty".
Q. Would the Permit Fees be reimbursed by the City or would the Contractor be required to
include these fees in their bid price?
A. The City of Miami Beach will waive any permit fees associated with this project.
Any other County or State permit fees should be included as part of the total bid
price. Please refer to Item No.l1 of the General Conditions.
Q. Does the Davis-Bacon Act apply to this project?
A. Davis-Bacon Act does not apply to this project. However, City of Miami Beach
Prevailing Wage Rate Ordinance No. 94-2960 ~ apply to this project. (Refer
to Article 00920). City of Miami Beach Ordinance No.94-2960 is available on the
City of Miami Beach Web site: http://cLmiaJDi..beach.fI.us.
Page 2
Addendum 5
1TB02-01/02
Q. Are the Drawing Ll.l and the designation of Type L-5 material intended to be asphalt or
concrete in the Parking Lot and Loading Dock areas of the Library.
A. The Intended material for the parking Jots and loading dock area is to be asphalt.
The designation of Type L-S pavement refers to the 6" concrete sidewalks
between the Parking Lot and the Library building and the sidewalk around the
aDeyway between the Courtyard area and neighboring properties. Also, the sod
and tree designation arrows should be extended into the green area of the parking
lot between the loading dock and the parking spaces of the same area.
Q. Where can "Front End Docwnents" (DN. 0) be obtained?
A. The bid documents can be obtained from DemandStar by Onvis. Their web site is
www.demanstar.com. Additionally, the Front End Documents can be downloaded
from the City of Miami Beach web site at a nominal cost of 55. 00. The Miami
Beach web site is www.miami-besch.fl.us.
Q. Please indicate how many sets of Contract Docwnents for construction will be provided
to the Contractor by the City, free of charge.
A. Contractor wiD be provided a total of five (5) sets of Construction Drawings.
Q. Please indicate at which plan rooms the bid documents are available for
subcontractor/supplier to review.
A. The City of Miami Beach does not have a "plan room" however prospective
bidderslsub-contractors may view plans in the Procurement Division, located on
the Third Floor of City HaD. The City however will not provide copies of the bid
documents, or answer any questions regarding these documents. You may also
contact any of the companies that provide this type of service, such as Dodge
Reports or CMD, etc. Plans and specifications can be purchased from T -Square
Miami at 305.324-1234.
Q. The routing of the 6" fire line and the 3" CW line varies between the civil plans and the
plmnbinglfire protection plans. This situation should cause delays during constIUction.
Please clarifY the correct routing of these lines.
A. The routing of the 6" fire Doe and the 3" CW Doe in the civil and plumbing/fire
protection drawings are suggested routings. The actual routing for these tines wiD
be determined in the field based upon field conditions once excavation begins.
Page 3
Addendum 5
ITB02-01/02
Q. The following drawings are indicated in the List of Drawings but were not included in our
Bid Documents. Please provide. 01/07/00 Survey for Miami City Ballet and
04/19/99 Survey for Portion of Block 2.
A. Please see section III of this addendum for clarification.
Q. Sheet C-l indicates "Landscape by Others" at the west parlcing lot. However, plans and
specifications for this area have been provided, Please clarify.
A. Landscaping in the West Parking Lot is to be included as indicated in the
Landscape Drawings.
Q. Specifications Section 01012 NIC Items indicates those items that are to be supplied and
installed by the Owner, Drawings AJ.I and AJ.2 Furniture floors provide a furniture
schedule. Other drawings indicate and provide details for built-in shelving, desk, counters,
etc. Therefore, our interpretation of the Bid Documents regarding these items is as follows:
All moveable furniture items are NIC and all built-in and immovable furniture items are by
GC.
A. AD furniture labeledlindicated in the Furniture Schedules for the first and second
floors indicated on Drawings AJ.l and AJ.2 are Not In Contract. (NIC). AD other
built-in furniture, millwork, counters etc. are to be provided by the General
Contractor.
Q. We have not been able to locate the following items that are indicated in the Book of
Specifications. Please provide the locations and quantities.
Specification 02760 Site Furnishings
Specification 10750 Telephone Specialist
Planter Pots
Wall MOlUlted Telephone Enclosures
A. Refer to re-issued drawing Ll.l Dated November 30, 2001 for Pla..ter Pots and
Bike Rack quantities and locations. There are a total of four (4) telephone
enclosures to be provided for this project. They are located one on either side of
the drinking fountains at each floor (total two per floor). Refer to floor plans A1.1,
Al.2 and All.t. Provisions for outlets should be included in bid. Revision: Revised
Landscaping Drawing Lt.l dated November 30, 2001 clearly indicates the
locations and quantities of each type of pot required in the Courtyard Area. The
revised Landscaping Drawing Lt.l and Ll.2 dated November 30, 2001 indicates
the locations and quantities of plant materials required for this project. Drawing
Ll.2 contains the revised Plant List Schedule.
t.
Page 4
Addendum 5
ITB02-OlI02
Q. Please provide sections and details of Foot Grill indicating size and installation method.
A. One (1) Foot Grill should be provided at the Main Entrance. Foot Grill is set in a
2" recess in the slab (Refer to Drawings A6.2, A 7.1a and A13.12). Specification
Section 12485 - Foot Grilles provides installation information. The Foot Grill Size
should be 2'-0" wide x 7'-0"long.
Q. We interpret Document 00300 - Instruction to Bidders as indicating that the only forms
required to be submitted with the bid are the following:
1. 00400 Bidffender Form (pages 22, 23 & 24)
2. 03000 Bid Proposal Form (page 120)
3. Bid Bond Form (form not provided)
4. 00500 Supplement to Bidffender Form (page 29 thru 34)
5. 00540 Supplement to Bidffender Form Trench Safety Act (pages 38 & 39).
A. The foUowing is a Usting of documents to be submitted with the bid
-Bid Guaranty (5200,000.00)
-(Signed) Original and One Copy of the Bid
-Bid Tender Fonn
-Unconditional Letter of Credit (Form 00410 if appUcable)
-Supplement Bid Tender Fonn/Questionnaire
-Supplement Bid Tender Fonn/Non-CoUusion Certificate
-Supplement Bid Tender FormlDrug-Free Workplace
-Supplement Bid Tender Formrrrench Safety Act
-Itemized Proposal Form-Bid Amount
-Acknowledgment of Addenda
-Customer Reference Listing
Q. Addendum # I indicates that Bidders are to acknowledge addenda on page 121
"Acknowledgement of Addenda" and shall submit a complete copy of all addenda with
their bid or may be considered non-responsive. "Submitting a complete copy of all
addenda" indicates that all pages and drawings issued with addenda are to be included with
the bid submittal?
A. "Acknowledgement of Addenda" must be completed and signed by the bidders.
Submit aU 8 ~ x 11" documents of the addenda. PlansIDrawings wiD be referenced
in the addenda as "Attachments" and therefore are not required to be submitted.
See Section m, Clarification.
Page 5
Addendum 5
ITB 02-0 1102
Q. Where are the StIUcturnl, Plwnbing, electrical, details, etc. for the fountain required for this
project? A specified contractor has been contacted and their suggestion was to have one
subcontractor be responsible for the complete fountain package and that it be bid as an
allowance. Will the City entertain this idea?
A. Structural requirements for the fountain can be found on drawings SI.l and S2.7.
Plumbing requirements can be found on drawings P-200 and P-201. Electrical
requirements are on E-I02 and E-202. Information for bidding is indicated in the
drawings. As to the fountain package being bided as an allowance, the City does
not allow the fountains to be bid as an. allowance. The Contract drawings and
specifications contain sufficient information and detail to allow the Contractor to
bid and construct the Architectural Fountains.
Q. Does the City of Miami Beach Regional Librmy calls for light weight concrete deck or
metal deck?
A. Subcontractor is to refer to the documents. No light weight concrete deck over
metal deck is indicated in the drawings.
Q. Please provide all necessary details for "Signage" CSI Division 10200. There are no
schedules, elevations, or descriptions of materials for the interior, exterior, or main entIy
signs.
A. Section 10200 is the specification section for Louvers and Vents. Section 10425
is the signage specification. Refer to drawing Al.3, A4.1, A5.2, A6.2 and A7.5 for
details.
Q. Please provide a door schedule, to identify the sizes and materials of the doors in this
project.
A. Refer to door schedule on drawing A14.3 Also, refer to detaUs on A13.10, AI3.11,
A13.12 and A13.12a.
Q. Division 00800 - GENERAL CONDITIONS - Article 7.1.4 Builder's Risk Insurance. It
has been advised by our insurance agent that it is not possible to obtain a deductible of not
more than $5,000 for Wind Storm and Hail. The available deducbble for this particular risk
is 3% of the total insured value. Please advise on how to proceed.
A. As per the City of Miami Beach Risk Management Department, the avaUable 3010
deductible for this particular risk will suffice.
Page 6
Addendum S
ITB02-01/02
Q. Section 1/A6.3 indicates Concrete Pavers at the Staff Terraces areas. Details 6 & 7/A7.6
indicate Quany Tile for the same areas. Please clarify
A. Use Quarry TUe pavers as indicated in DetaUs 6 & 7 on A7.6.
Q. Please provide details and specifications for signs indicated at Elevations 6 & 71 A 7.10,
Courtyard Wall.
A. The exit signs are provided in the specifications. The sign "alarm will sound..."
wiD be provided by Owner.
Q. Please provide details and sections for stone flooring indicated in room 109 Lounge.
A. Refer to drawings. Slab is depressed in this area to accept paver flooring.
Q. The Finish Schedule conflicts with the various details regarding the type ofbase to be used.
as follows:
ROOM FINISH SCHEDULE BASE DETAIL # & BASE
Children's Work Room VB2 3 & 6/A7.19 - Wood
Corridor 133 VBI 6/A7.2 - Wood
Corridor 226 VB I 91 A 7.2 - Wood
StOIy Telling VB2 61 A 7.3 - Wood
Special Reading Room VB2 3/AI2.8 - Wood
Please clarifY.
A. Children's Work Room 209 should have a vinyl base. We find no references to
wood base for this room. Drawing A7.19 referred to by a contractor does not exist.
Corridor 133 should be vinyl base. The drawing the contractor should have noted
is A 7.2a. Corridor 226 should be vinyl base. The drawing the Contractor should
have noted is A7.2a. Story TelUng Room 212 should be wood base. Special
Reading Room 213 should be wood base.
Q. Specifications make reference to 1/8', 1/4" and 3/8" gauge divider strips as indicated on
drnwings. Drawings do not reflect what gauge divider strips are to be used for separating
colors and pattern. The termination strip and control joint strip reflects 118" gauge. We
shall include cost for 118" gauge for dividing colors as well, unless otherwise clarified in
addenda.
A. 1/8" is acceptable as proposed.
Page 7
Addendum 5
1TB02-01/02
Q. Reference sheet A8.I. The terrazzo in the Main Reading Room has a dotted background,
not indicated in main lobby. Does this dotted designation have any significance to the
terrazzo floor?
A. The dots are to show the extent of the main field color of the terrazzo within the
Main Reading Room.
Q. Sheet A13.2A reflects terrazzo base in areas (1) Circulation Room #103 and Children's
Libnuy #204. The finish schedule does not call for terrazzo in these areas. Contractor will
assume that the finish schedule is most up to date, and will not include cost for terrazzo
base in these areas, unless otheIWise clarified in an addenda.
A. Circulation Work Room 103 should receive vinyl base and Chlldren's Library 204
should receive wood base.
Q. For the record, color pigments in exterior areas are acceptable to fading. The blue pigment
needed for color matching W721, even more so.
A. Color pigment fading is noted. Contractor may provide suggestions on their bid
proposal on how to prevent this fading, and can later be addressed at the Pre-
Construction Meeting.
Q. The pigmented colors add some cost to the floor. It is assmned that the primary field area
of the floor, and the stair treads will be color W723 that does not have a pigmented color.
A. Assumption is correct.
Q. Please provide size for galvanized steel pin indicated in Detail 5/S2.9.
A. The galvanized steel dowels are intended to be provided by the precast
manufacturer as part of their package. For bidding purposes, the dowels are to be
1/4" in diameter and 8" long, with 24" o.c. maL spacing.
Q. Please provide the "Unistmct Structural Support" and diameter of threaded rods indicated
in Detail6lAI3.13.
A. The 66unistrut structural support" for the folding partition is to be provided by the
partition manufacturer (Refer to Specification Section 10651).
Q. Are Subcontractor Trade Pennit fees to be included in the bid or will they be waved?
A. City of Miami Beach permit and impact fees will be waived. AD other permit fees;
Dade County, State of Florida or Federal need to be paid by the contractor.
Page 8
Addendum 5
ITB02-Ot/02
Q. Specification Section 15410 Article 2.03 on page 2 provides a table for piping insulation,
which indicates that the domestic cold water is to be insolated. Other sections indicate to
insulate only those pipes where condensation may occur. Please clarify if the domestic cold
water line is to be insolated.
A. We do not find any references in Specification Section to only insulate pipes where
condensation may occur. The Contractor should bid insulated domestic water lines
as per the Table provided in the specifications.
Q. Please indicate ifPVC pipe can be used for storm and sanitmy systems above and below
grade.
A. The use of PVC piping in above ground applications is not acceptable. It is
acceptable for use below grade for the sanitary system. A high density plastic is
acceptable for use below grade for the storm water system below grade.
Q. Detail SIL2.3 Type L-3 Pavement Detail-Plan indicates concrete pavers and keystone
bands. However, 8IL2.2, which is a section through Detail 5IL2.3, indicates terrazzo.
Please clarifY.
A. The detail section number should be 5 instead of 8 on L2.2 (Refer to revised
drawing L2.2 dated Nonmber 301h, 2001.).
Q~ Specification Section 02514 indicates for Pavement Type L-3 a Sit concrete slab and Type
L4 a 6" concrete slab. Details 5IL2.2 (Type L-30 and 41L2.2 (Type L4) indicate a 4"
slab for both. Please clarifY
A. The Contractor should reference the structural drawings for aU slab thickness. The
slab thickness in the Courtyard (Type L-3) is 5" and 6" at the Main Entrance
(Type L-4) Area. Detail 5 on L2.2 is the detail for the Courtyard Area. The
concrete slab thickness should be revised to read 5" and the overall dimension of
7" should be changed to 8". On Detail 4 L2.2, the slab dimension at the top of the
stair should be revised to read 6". The slab at the bottom of the steps is the
colored concrete sidewalk, which is 4" (Refer to revised drawing L2.2 dated
November 301h, 2001.).
Q. Drawing C-l indicates new asphalt pavement for the complete NE Parking Lot and
Delivery Yard. Ll.l contradicts this by including Type L-5 Paving in the vicinity of the
loading area and HC parlcing, although the lxnmdaries are not clearly indicated.
Please clarifY.
A. Both parking and deliverylloadlng areas are to be asphalt pavement. This was
clarified in the Pre-Bid Conference as weD. (Refer to revised drawing Lt.t dated
November 301l, 2001).
Page 9
Addendum 5
ITB02-01l02
Q. Specification Section 02514 indicates that Type L-2 Paving is for Secondary Walkways.
Drawing Ll.l indicates Type L-5 at the North Entry Walkway and Type L-2 at the
Delivery Yard near the building. Please verify.
A. The secondary walkways are Type L-2 walkways. The walkways directly behind
the Library Building and at the Delivery Yard are to be Type L-2 walkways.
(Refer to revised drawing Lt.l dated November 301b, 2001).
Q. In general the 151 Floor slab elevation in +8.0. Please indicate what elevation +8.0 is in
relation to NGVD.
A. As noted on drawing AO.2 the proposed Library slab elevation is +8.0 NGVD
(National Geodetic Vertical Datum). The top of slab elevation +8.0 is equal to +8.0
NGVD.
Q. Please provide sections, details and specifications for the vanities noted as "solid surfacing
counter backsplash and skirt bullnose" on Sheet A 11.1.
A. Refer to Specification Section 06402 - INTERIOR ARCHITECTURAL
WOODWORK for solid surfacing counters specification requirements. It is
intended that the sink be integral with the counter. Refer to Section 1 on All.t for
detaD. The counter section is simDar for both Men's (RM t29 & RM 223) and
Women's (RM 128 & RM 222) bathrooms on the first and second floors.
Q. Provide elevations, sections and details for the built-in bookcase located behind the
CiIculation Desk in Room 10 1.
A. The buUt-in bookcase located behind the Circulation Desk (Room tOt) is similar
to the bunt-in bookcases located in Circulation Room 103. Refer to Elevation t on
A12.3, Elevation DetaU 2 on A12.6 and Section 5 on A13.2a for information
requested.
Q. Please indicate who is responsible for the demolition of the existing structures within the
construction areas.
A. As stated in the Pre-Bid Conference the Oty of Miami Beach is responsible for
the demolition of the existing structures within the construction site limits. This
work is not part of the Contractor's scope of work.
, .
.
Page 10
Addendum 5
ITB02-01102
Q. If the demolition is to be perfonned by others and not part of this contract, please indicate
what the elevation and condition of the terrain will be after demolition is completed.
A. Site survey wiD be provided identifying existing elevations as reference. Site wiD
be evenly graded to match surrounding grades where disturbed. At the end of this
addendum there wiD be instructions where to get the Site Survey.
Q. Please advise if testing fums for threshold inspections, mechanical test-and-balance,
electrical perfonnance verification. etc., will be employed directly by the City, or if their
fees should be included in the General Contract fee.
A. Threshold inspection, mechanical test and balance and special inspections wiD be
performed by Owner's testing firms. Contractor is responsible for coordination of
these tests and inspections. Any other test and inspections are the responsibility
of the Contractor as per the contract documents (Please refer to Section 01400-
Items 1.3, 1.4 and 1.5; Section ISOtO-Item 1.02 and 1.11; Section 16020).
Q. The parking decorative screen wall layout is not included in the structural drawings.
Dimensions, quantities and spacing are required in order to evaluate the cost. Please
provide individual floor plan, spacing, dimensions and spec indicating the screen wall on
both parking lots. In case the information we are asking for does not arrive on time, MCM
will not include the screen wall(s) as part of this Bid.
A. The Parking Decorative Screen Wall !! indicated and detailed in the structural
drawings (Refer to drawing SI.t, S2.8). It is also indicated and detailed in drawings
AO.2, AI.I, Lt.l, Ll.2, L2.3. The Contractor should refer to these drawings for
requested bidding information and should include the screen waDs in their bid
price.
Q. Sheet Ll.l indicates Type L-I pavement, Detail6IL2.3 at the SE and SW comers of the
construction limits sidewalk plaza areas. Details 6/L2.3 indicates "decorative ceramic tile,
per detail 9/L2.2" Detail 9/L2.2 indicates terrazzo. Please clarify if ceramic tile or terrazzo
is to be used.
A. The reference to Detail 9 on L2.2 is incorrect. The insert is a ceramic tile insert.
The tile insert is to be provided by the City of Miami Beach as part of Art in Public
Places.
Page 11
Addendum S
ITB02-01/02
Q.
1.
Please clarify the following regarding landscaping:
a. There are several items listed in the plant list that we are unable to locate
on Sheets L 1.1 and L 1.2.
b. There are several items whose quantities differ in varying degrees between
what is indicated in the plant list and what is shown on the plan.
c. Item "LL" appears on the plans but is not shown in the plant list.
d. Sheet Ll.l indicates Item "LM" in two locations at the east end of the
library parking lot but it does not indicate a quantity.
A. ~: The Contractor needs to be more specific. Which plants are they not able
to locate?
~: The Contractor needs to be more specific. Which plant material quantities
differ? In the cases where the plant numbers in the Plant list indicate more,
use the higher quantities.
!!!m...cThe designation "LL" does not appear on our set of documents. The
Contractor needs to be more specific with regards to the location of" LL"
designations.
!!mut Provide 40 in each location for a total quantity of 1784 "L:\1" liriope
Muscaria "Big Blue". Also it should be noted that the total quantities for
"PX" Philodendrum "Xanadu" should be changed to 220 in lieu of 156;
"PM" Pilea MicrophyUa should have a total of 403 in lieu of 359 and Sod
St. Augustine "Floratam" should have a total of 1499 SF in lieu of 1185 SF.
Q. Specification section 16600 - Computer Distribution System. The specifications do not
indicate a size for the UPS System. nor do the plans show its location. Will a UPS system
be required?
A. UPS System is not part of this project.
Q. Specification section 16740 - Raceways for Systems. The specification section asks for
empty conduits for the cable TV, CCTV and Security System, but there are no outlet
locations indicated on the drawings or in the specs.
A. TV, CCIV and Security Systems are not part of this project.
Q. Please confirm 1hat the telephone and computer systems will be conduit and pull string only.
A. . As the plans indicate aU cabUng, jacks, and equipment will be by others.
Page U
Addendum 5
ITB02-01l02
Q. The Bidding plans of the project of the reference indicate that the finish floor of the building
should be 8'0". Existing buildings to be demolished by another contractor cover much of
the area of the new building. To accmately calculate quantities and prices of excavations,
walls, back filling, etc, we must know grOlmd levels after demolition Please provide this
infonnation.
A. Site survey will be provided identifying existing elevations as reference. Site will
be evenly graded to match surrounding grades where disturbed.
Q. A Contractor Proposed the following substitution:
Substitution: HEAVY DUTY CHALLENGER - H36-9-IG-P (Bicycle Rack)
Capacity: (9) Bikes Per Rack
Measurement: 7'4" Long X 36" High
Heavy Duty 2-3/8" 00 Steel Measurement
In-grow1d Mount
Powder Coat Finish (To Be Black)
A. In response to the Substitution Request for the Bike Racks, in general, the Gty
does not have any objections to the substitution as long as the specified product
meets or exceeds aU attributes and warranties of the specified Gametime product.
The information provided is not enough to determine if the product is equal to the
specified product.
Q. You have specified floor mats and frames in the technical specifications section. However,
due to the size and intricate pattern of the mat, please provide a more detailed layout.
A. Revision has been made to drawing L2.3 dated 11/30/01 for the Type L-4
Pavement Detail, the change has been made indicating the size of the mat (foot
grate).
Q. Please advise if it is possible to obtain the Specifications (CSI Division I through 16) for
the Miami Beach Library project in electronic fonnat.
A. The only file format that can be given to contractors at this time is PDF file which
can be downloaded from W\\w.demandstar.com and or the City of Miami Beach
web site """w.ci.miami-beach.t1.us
Q. The Finish Schedule indicates Ceramic Tile on backer board up to 5'0" A.F.F. for Room
215 Kitchenette. Elevations 11, 12 & 13/AI2.6 indicate painted GWB for the same area.
Please clarify.
A. Provide painted GWB as per Elevations on AU.6.
Page 13
Addendum S
ITB02-01/02
Q. There are a KI and a KIE fixture on the plans but not on the fixture schedule? Is this a
typo or a different type of fixture?
A. Type Kl and KIE fixtures should be Zl and ZlE respectively.
Q. The door schedule provides conflicting infonnation as follows. Please clarify.
OOOR#
102C
109
110
III
112
..-- 122
123
128
129
202A
205
208
209B
222
223
227
A. Door t02e:
Door 109:
Door 110:
Door Ill:
Door 112:
Door 122:
Door 123:
Door 128:
Door 129:
Door 202A:
Door 205:
Door 208:
Door 2098:
Door 222:
Door 223:
Door 227:
DOOR OR FRAME TYPE
HM Frame
Door Type H2
Door type R (w/transom)
WD Frame
WD Frame
Unable to locate on Floor Plan
WD Frame
Door Type M
Door Type M
WD Frame
WD Frame
WD Frame
HM Door Type L
WD Frame
Door Type H
(w/glass sidelite)
WD Frame
WD Frame
WD Frame
WD Frame
DETAIL OR ELEVATION
7/13.10 - Wood Frame
Note on Elevations indicates Door Type I
II A 12.1 does not indicate a transom
1O/A13.l0 - HM Frame
IO/AI3.1O - HM Frame
Unable to locate on floor Plan
IO/A13.1O - HM Frame
No Elev. of door M provided
No Elev. of door M provided
IO/AI3.IO. HM Frame
IO/A13.l0 - HM Frame
lO/A13.IO - HM Frame
Door Elev. indicates Type L - SC Wood
1O/AI3.1O - HM Frame
Door Elev. H does not indicate sidelight
1O/AI3.1O. HM Frame
IOIAI3.1O - HM Frame
lO/A13.1O - HM Frame
IO/A13.1O - HM Frame
Provide 8M Acoustical Door and Frame.
Provide wood door and frame as per Elevation 1 on A12.I.
Provide PTD wood door aod frame.
Provide PTD wood door and frame.
Not Used.
Change Type "M" to Type 82". Provide 8M "8" Labeled Door IS per
schedule.
Change Type "M" to Type 82". Provide 8M "8" Labeled Door as per
schedule.
Provide wood door and frame.
Provide wood door and frame.
Provide wood door and frame.
The door is solid core wood with "8" LabeL The frame is 8M, also
with a "8" Label.
Provide Type K wood door and frame with sideligbt; similar to Detail 4
on AUtO.
Provide 8M door and frame.
Provide wood door ud frame.
Provide wood door ud frame.
Provide wood door and frame.
Page 14
Addendum 5
ITB02-01/02
Q. The photometric indicate 15 fixtures needed but only 14 are shown on the electric site.
A. The number of fixtures shaD; be based UPOD photometries.
Q. There is a fixture designated FF on the fixture schedule but not on the plans. There is an
AF fixture on the plans, are these the same fixture?
A. Type "AF" fIXtures should be Type 'FF" fIXtures.
Q. What type of connector should be used in the Work Station outlet, MT-RJ or ST
connectors?
A. AD cabling and conDectors shall be by others.
Q. What type of fiber should be used to the work station: M/M 62.5/125 (ElAfflA 568) a
m/m/50/125 (EIA/TIA 568 8.3)?
A. AU cabling shaD be by others.
Q. The architectural drawings, detail 4, A13.l2a, reflects a requirement for 112" thick epoxy
terrazzo in lieu of standard 3/8" thickness. This additional thickness will add some $20,000
to the cost of the floor.
A. Provide the specified thickness. An alternate amount for 318" terrazzo instaUation
can be pro'\ided with bid.
Q. The specifications call for the expansion control strips (para.2.2P) to be Brass. The
specifications (para.2.2K) call for the divider strips to be zinc. Is it your intent to have
different type strips within he same floor area?
A. Provide zinc iD lieu of brass for the expansion joint strips.
Q. The 6" underground fire line has been designed on plmnbing drawing P-200, fire protection
FP-200, and civil drawings C-3. These drawings have three different layouts for the 6"
underground line. Please clarifY.
A. The routing of the underground Fire Sprinkler piping is a suggested routing. The
CODtractor must coordinate at the time of CODstruction the final routing of aD new
underground piping. It is suggested to the Contractor to submit their pricing in
accordance with the general intent of the drawings and specifications.
Page 15
Addendum 5
lTB02-01l02
Q. The civil, landscaping and architectural drawings show different project/contract limits for
this project. Please advise which is the correct project/contract limit line.
A. The Limits of the Project are as indicated on the Landscape Drawing Ll.l and
Civil Drawing C-l for the purposes of this bid.
Q. Soil Boring - Please provide a copy of any sub surface exploration or recommendations
that have been made.
A. Contractors can pick-up a copy of this report from the City of Miami Beach
Procurement Division. 1700 Convention Center Drive 3rd Floor, Phone
305.673.7490.
Q. Reference Specification Section 15950,2.08. Please confinn that Light Control Panel is
to fwnished & installed as part of the scope of the Building Management System
Contractor.
A. The Light Control Panel is to be provided by the Contractor and included in the Bid
Price as Specified in Section 15950.
Q. What type of nozzles will be used for the three courtyard fOWltains, bubbler or cascade?
Detail 1 , drawing A 1-4 specifies bubbler nozzles, however specifications page 13155-9
part I - 4-b specifies cascade jets, please clarify.
A. HaD Fountain FJS500 I FRS312 Machine Bronze Flush-Mounted Precision Jet
are to be located in each of the four outer comers of the Main Fountain.
HaD Fountain JC300 Cast Bronze and Brass Cascade Jet in the center of the
bowl of the Main Fountain.
Hall Fountain JC300S Cast Bronze and Brass Cascade Jet are to be instaUed in
the center of each of the two SmaUer Fountains located on either side of the Main
Fountain.
Q. Where is the waterfall box located? Specification page 13155-9 part F-5 specifies a
"stainless steel waterfall supply diffuser", however this does not seem to be required
anywhere on the fountain as drawn on A1.4 or S2.7, please clarify.
A. The waterfaU box is located in the Main Fountain "bowl".
Q. Is it intended for the bowl in the center fOWltain to have a Y2" weir depth (depth of water
falling over edge into lower pool)?
A. The water depth in the center of the "bowl" wID be approximately l' - 6" in depth.
The depth of water in the lower pool is to be approximately 12 %" in depth. The
drop is approximately 9".
Page 16
Addendum 5
ITB02-01/02
Q. Will the equipment be housed in an underground burial vault or will there be equipment
room space provided?
A. Fountain equipment and controllers will be located on an equipment pad within the
Chiller Yanl Area. Refer to drawing E-I02 for specific location within the Chiller
Yanl Enclosure.
Q. Panel MDP I is shown with a Main Circuit Breaker on the Riser Diagram, and with a Mail
Lug Only in the panel schedule, please clarifY.
.
A. For the purposes of this Bid, include the costs for the Main Circuit Breaker as
shown on the Riser Diagram.
Q. On sheet 1.02 E it states that there are existing panels/circuits that must be supported by
the new panels. This is new construction, and we are not aware of any existing conditions
that must be taken in consideration. Please clarity.
A. We do not find any references to existing panels on drawing E-I02 as indicated in
the question. All construction is new construction.
Q. There are references to the enunciator panel being "graphic". This is a broad statement;
"Graphic AnnWlciator Panels" are generally custom made. We need Specifications
outlining the requirements for this panel.
A. Refer to Specification Section 16720 - Addressable Fire Alarm System" for the
requirements of this panel.
Q. Under the symbol Legend for the audiblelvisual devises it states "speaker/strobes, but
under Spec Section 2.04 A Alann signals it states "Supervised Homs", Please clarity.
A. For the purposes of Bid, include the costs for 'speaker/strobes' as indicated in the
Systems S~"IIlbol Legend.
Q. Under Section C of the specification it states that the strobe light intensity shall be 75 cd
minimums. but on the drawings there are numerous lower candela ratings.
A. Pro\ide specified light intensi~'. Systems drawings do not indicate candela ratings
as suggested by the question.
Q. Is it the intent to provide a ''Color Graphics" touch screen 19: CRT and computer.
A. Not required. See revised Specification Section 16720.
Page 17
Addendum 5
ITB02-01/02
Q. Specification Section 2.08 D states, 'lnterphase with hospital representative" is this a
requirement. Please clarifY.
A. Delete reference to 'Hospital Representatives' in Specification Section 16720,
2.08.D.
Q. Specifications Sections 21.14 makes reference to a "Field control Panels", and describes
various communication modes with are not consistent with this system. Please advise.
A. Not required. See revised Specification Section 16720.
Q. Specifications section 3.07 in entitled "Printer" and states that "When associated with a
monitor tenninal, connect printer to the unintenuptible power receptacle of UPS unit", this
requirement is not consistent with this system. Please advise.
A. Not required. See revised Specification Section 16720.
Q. There is a light fixture scheduled "FF' (wall IllOWlted gasketed incandescent) we need
quantity and mOWlting height defined.
A. Light FIXture quantities can be determined by the Contractor from the 1" and 2nd
Floor Lighting Plans. Mounting heights is a coordination issue during construction
and not necessary for providing a Bid Price for the fixture.
Q. There is a Fixture "Xl" pendant exit lights scheduled. All Exit lights are noted as being
type "X". please advise how many will require pendants kits.
A. Refer to the Symbols Legend on 'Exist Lights'. All non-waD mounted exit tight
symbols can be considered to be 'Pendent Exit Lights' (Type Xl). The Contractor
is to obtain their Ol\n quantities from the Lighting Plans.
Q. The one line diagram shows that the transformer is to feed the "MOP" 1200 AMP main
in the electrical room. The actual electrical drawings show a FPL tmnsfonner vault inside
the building, and then a transformer pad outside the building. Where and what should we
use as a starting point for the "MDP".
A. "MDP is being fed from tbe pad mounted transformer wbicb is represented on tbe one-
One diagram and tbe electrical site plan sbeet 1f-001. Tbe FPL vault is dedicated to the
FPL switcbes. Tberefore, as sbown on tbe electrical site plan sbeet E-OOl, tbe FPL
primary feeder must be routed from FPL's service point to tbe vault. Feeders must tben
be routed from tbe vault to the pad mounted transformer. Finally, tbe secondary feeders
must be routed from tbe pad mouDted traDsformer to MOP. Tbe system bas beeD
designed iD sucb a way because tbere wasD't enougb extra square footage witbiD tbe
footpriDt of tbe building to provide FPL witb a large eDougb vault to bouse all of tbeir
equipmeDt.
Page 18
Addendum 5
ITB02-01/02
Q. On the door schedule door 209B is shown as a hollow metal door to be installed on a
wood frame. Is this the intent or should it be a metal door on a metal frame. Please
Advise.
A. Door 209B Frame is to be H.M.
Q. Door 10 lA has two sidelights and a pair of double acting doors. The hardware calls for
panic hardware, which can only be single acting. Please clarifY.
A. Provide Panic Hardware as required in the Hardware Schedule for Door IOtA-
Main Lobby Doors.
Q. We need a detail on Door 208 (elevation).
A. Door Type for Door 208 is Type K. Elevations are already pro\ided in the
documents. Refer to our previous response to this question.
Q. On room 102 Multi Purpose Room has the following acoustical doors, (l02e and 102G)
should doors 102A, I02E and 102F also be acoustical doors. Please Adyise.
A. . For the purposes ofthis Bid, price Doors t02E and t02F as weD as I02G and t02C
as acoustical doors and frames.
Q. On Room 102 there is a frame opening, we need details, is it a sound rated wood frame.
A. Refer to drawing A8.2 for blow-up of Rooms t02C and 224. Detail Sections are to
be found on A13.7 and Elevations on A12.6.
Q. The plant legend shows the following plants but the plans do not provide quantities. Please
advise if these are a part of the bid and where they go on the plans.
I. MP - Murraya Panieulata orange jasmine 15 galS' ht
2. SR - Strelitzia Reginae bird of paradise 7 ga130"-36" ht
3. CD - Coccoloba Diversifolia pigeon plwn 12"ht field grown
4. EG - Evolvulus Glomeratus blue daze I gal 36"ht
A. Refer to revised Landscaping Drawings Ll.t and Ll.2 for locations and quantities
of plant materials.
Page 19
Addendum S
ITB02-01/02
Q. Concrete masomy-terracotta masonry will be used in the construction of this building.
Please clarifY.
A. Refer to the drawings and specifications for details and locations of concrete and
terracotta masonry.
Q. Is fire retardant material required?
A. There is not enough specific information in the question 'Is there fire retardant
material required?' for the Architect's office to be able to provide a response.
Refer to Specification Section 06402 - Interior. Architectural Woodwork.
Q. Sheet AI2.8: EL16 makes reference to Sec. 7/A13.1, no sec. on A13.3.
A. There is not an Elevation 16 on Sheet A12.8 nor a Section on Sheet AI3.1.
However, on drawing A12.8, Elevation 6, the Section pro\ided (7 /A13.3) should
be revised to read Section 6 on A13.3.
Q. Room 203, EL 1O/A12.6 indicates wood Counter Top/Cabinet according to the
specification the top is to be 11/2" Solid Wood. Bid this way: Sheet A82 indicates PL.
A. DetaO 9 on Drawing A8.2 and Section 3 on Drawing A13.3 clearly call for plastic
laminate on plywood. Provide plastic laminate for the cabinetry in Room 203.
Q. Lounge 109, Sec. I 2/AI3.3 indicates a Full Bull nose edge Stainless Steel. This cannot
be done. Compound Radius bid as square.
A. The Fun Bull Nose in stainless m be custom made. Square edges will not be
accepted.
Q. Sheet A12: Staff Lounge 214 indicates there may be a pass thru at the kitchen. Blow up
7/8.2 does not. If it is required it will be an extra $225.
A. The pass thru in Room 21S - KItchenette is dearly indicated on Drawing At.2 and
Large Scale plan view 7 on Drawing A8.2. Provide Pass- Thru as indicated in the
drawings.
Q. Sheet AI.l indicates kitchen 118 blow up sheet 21A9.8 in this detail no elev. or info. is
given. An allowance has been carried similar to Sec. 6/13.3 with locks.
A. The correct blow-up reference is 3/A9.8 not 2/A9.8 as indicated in the question.
The use of cabinetry as indicated on Section 6 on At3.3 is correct.
Page 20
Addendum 5
ITB02-01l02
Q. Sheet AU: Is there work in main Telecom 123?
A. No interior millwork is indicated on the plans for Telecom Room 123.
Q. Sheet 13.1: Section indicates a detail between the Plaster finish and hard wood trim. There
is no tolerance to the Cabinet or trim. Please advise.
A. The Sections on drawing A13.l caU for '14" joints between the wood trim/shelves
and the plaster fmish. Refer to drawings.
Q. Sheet A 12.1: EI\"s indicate that Built-in Wood Shelves have no support at ends where shelf
meets wall. Is this correct? If so please detail.
A. Drawing AU.! indicates the shelving in elevation and the shelving at the adjacent
walls (in section). The shelving ends must be supported. Refer to Specification
Section for the acceptable types of shelving supports.
Q. All shelving bid with I" solid leading edge on 3/4" veneer shelves. Back and dividers bid
as paint grade?
A. Backs and Dividers are to receive oak veneer, same as the shelving.
Q. Reflected Ceiling Plans and Finish Schedule provide conflicting information in regards to
Acoustical Ceiling Tile and Gypsmn Wall Board Finishes. Please indicate which takes
precedence.
A. The Contractor must provide specific information as to any conflicts between the
reflected ceiling drawings and the fmish schedule in order for a response to be able
to be provided.
Q. Sheet C-2. Please provide the diameter of the stonn line located on the building's southern
side numing parallel to 22nd Street.
A. Storm water line is 4".
Q. Sheet S2.9 provides details for cast-I-place stem walls and colunms. Sheet L2.3 provides
details for CMU. Please indicate which material to use.
A. Both are required. Refer to drawings. Both Landscaping and Stnlctural indicated
concrete and block for the screen waUs.
Page 21
Addendum 5
ITB02-01/02
Q. Comer colwnn detail on Sheet S2.9 references to detail I 0182.9 for reinforcing at stem wall
but it is not shown. Please verifY.
A. Reinforcing requirements are shown on Detail 10, Sections A-A and B-B on S2.9.
Contractor is to refer to drawings.
Q. Specifications section 10425 "Signs" indicates for the lettering height and style to be "As
indicated on drawings". Unable to locate thjis infonnation on the drawings. Please provide
height and style of the lettering.
A. Section 10425 is the signage specification. Refer to drawing AI.3, A4.1, A5.2,
A6.2 and A 7.5 for details.
Q. Are any streets abutting the site under the jurisdiction ofF.D.O.T.? Please confirm.
A. No.
Q. Will the City require the Contrnctor to obtain and maintain Pedestrian Permit from Public
Works - Fees?
A. Contractor must pay, obtain and maintain Pedestrian Permits from Public
Works as required. Please contact City of Miami Beach - Public Works for fee
amounts.
Q. Article 7.1.4 - Requires the Contractor to secme and pay for the premimn for an "All Risk"
Coverage Policy vs. a "Builders Risk Insurance Policy". Most municipalities have their own
insurance, please confirm that the bidder is to include the cost of the premiwn in the bid.
A. Contractor should provide "AU Risk" Insurance Coverage as per the contract
documents. Cost of the premium may be included as part of the Bid Proposal This
cost is to be identifiedlitemized in the Contractor's Schedule of Values, following
contract award. Please refer to Page 5 - Question 5 of this Addendum for more
information regarding Insurance Coverage.
, ,
Q.
Are the shafts of the fiberglass reinforeed columns that are specified on this project smooth
round or scalloped?
A. The column covers are to be smooth, not "scalloped".
END OF QUESTIONS AND ANSWERS
. .
.
Page 22
Addendum 5
ITB02-01/02
III. Clarification:
The following plans are being reissued as a result to clarifications and answer to
Contractor's questions. (" A'IT ACHMENTS")
· L 1.1 - Library LandscapelHardscape Plan
· L 1.2 - West Parking Lot LandscapelHardscape Plan
· L 1.3 - Library Irrigation Plan
· L 104 - West Parking Lot Irrigation Plan
· L1.5 -Irrigation Details
· L2.1 - Planting Details
· L2.2 - Hardscape Details
· L2.3 - Hardscape Details
· AlA - Courtyard Layout Plan & Details
· Site/SUlVey Plan
· Soil Boring Reports
AU contractor's who have purchased plans from T-Square can receive these plans and
reports free of charge and can pick them up at the City of Miami Beach Purchasing
Department 1700 Convention Center Drive, 3rd Floor, Phol}e No. 305.673.7490.
~"'(~
IV. Amended bid form (page 120); Attached
Please be advised that the bid form has been amended to reflect line cost items for each
division of work. The sum of these lines do not necessarily have to match the lump sum
bid price. This information wiD be used for informational purposes.
Bidders are required to acknowledge this addendwn on proposal page 122, attached to this addendum,
"Acknowledgement of Addenda", and shall submit a complete copy of this and aU addenda with their bid,
or the bid may be considered non-responsive.
CITY OF MIAMI BEACH
.. ~ ".. .::
Gus Lopez, CPPO
Procurement Director
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MIAMI BEACH REGIONAL LIBRARY
CITY OF MIAMI BEACH PROJECf #9802
December 13, 2001
SECfION 16720 - ADDRESSABLE FIRE ALARM SYSTEM
PART 1 - GENERAL
1.01 RELATEDOOCUMENTS
A. General: Drawings and general provisions of the Contract, including General and Supplementary Conditions
and Division I Specification sections, apply to work of this section.
1.02 DESCRIPTION
A. System: Provide a multiplex, voice annunciation type fire alann system as indicated in the contract
documents, including all required interconnections to the Owner-provided central station telephone circuit.
B. Zoning: System devices shall be zoned as indicated on the contract drawings. System devices shall be
microprocessor based. utilize digital addressing techniques. and function as described herein.
C. Supervisory Functions: The system shall provide control and supervision ofal! system functions and. in
conjunction with addressable analog sensors and circuit modules, provide infonnation which is translated
into the processor.
D. Memory: The execution of custom requirements shall take place through non-volatile ram memory which
shall maintain the system configuration even when AC power and battery back-up power is lost.
E. Existing Points: The system shall be capable of assuming control of the existing fire alann panels and
providing capture of the existing fire alann remote annunciator and alann points. All new and future points
shall be qisplayed on the graphic annunciator. The display shall be located at a 24 hour manned location.
The system shall be capable of communicating with, and.assuming control of, additional field panels when
expansion is required or desired.
F. Fiber Optics: The system shall be capable of providing fiber optic or equivalent links to multiple remote
graphic annunciators.
G. Codes: This system shall be fully usable as a UL listed fire alann system and shall conform to all state and
local codes covering this project.
1.03 QUALITY ASSURANCE
A. Manufacturers: Firms shall be regularly engaged in manufacture of equipment of types and service required,
whose products have been in satisfactory use in similar service for not less than 5 years.
B. Testing: Fully test all control panels for proper operation prior to shipment from the factory.
C. Manufacturer: Equipment design shall be as manufactured by Simplex, Pyrotronics, Honeywell.
D. Installer: The installing finn shall have at least 3 years of successful supplying and installation experience
on projects with electrical installation work similar to that required for the project.
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December 13.2001
E. Installation: The Contractor shall provide all conduit, cable, equipment, accessories and materials as
detailed in the manufacturer's installation manual and required for the satisfactory operation of the fire alarm
system, the elevator detection system, mechanical systems control, and the interface between components
and systems.
F. Equipment Certification: All fire alarm equipment, including accessories to the system and including all
. wires and cable unless otherwise noted, shall be listed Underwriters Laboratories and Factory Mutual.
G. Single Manufacturer: List each and every item of the Fire Alarm System as a product of single alarm system
manufacturer complying with the standards as specified herein.
H. Warranty Acceptance: The Contractor must warranty service and make available to the Owner. a duly
authorized and franchised distributor who shall service the fire alarm system and supply on-the-premise
maintenance by factory trained service technicians during normal working hours.
I. Warranty Period: The Contractor shall provide maintenance at no additional cost to the Owner for a period
of 12 months from the date ofsuhstantial completion of the installation. Maintenance shall be for the
standard use of the system and does not include damage caused by natural forces or physical abuse. The
Contractor shall also agree that service, when provided at other than normal working hours, shall be made at
a normal working hour's labor rate.
J. Yearly Tests: The Contractor shall, at no expense to the Owner, observe the systems in operation and
conduct tests to assure that systems are performing in full compliance with specified requirements at least
twice during the initial 6 months of operation. The testing shall be coordinated with a designated Owners
representative, at a time convenient to the Owner, with results reported in writing to the Owner.
K. Maintenance Contract: Make available to the owner, a maintenance contract proposal to provide a minimum
of 2 inspections and tests per year, in compliance with NFP A-72 guidelines.
L. Standards: Comply with the following standards as they apply to Fire Alarm Systems:
1. UL 217 Single and Multiple Station Smoke Detectors.
2. UL 268 Smoke Detectors for Fire Protection Signaling Systems.
3. UL 268A Smoke Detector for Duct Applications.
4. UL 864 Standard for Control Units for Fire Protective Signaling System.
5. NFPA 72
6. NFPA 101
1.04 SUBMITIALS
A. Shop Drawings: Shop drawings shall be complete showing all wiring diagrams, and point to point
connections required for this project. The point to point connections shall be indicated on drawings
showing routing of raceways, connections, components, and conductor quantities and types. The
Contractor shall apply his company name, address, telephone number, etc. on an individual title block
indicating "This drawing for fire alarm wiring only". Computer CAD drawings are required.
B. Product Data: Submit manufacturer's standard catalog data on all components and sub-systems. Product
data shall be submitted showing manufacturer's written recommendations for storage and protection, and
installation instructions. Manufacturer's product data shall be submitted for all system equipment
including;
1. Application information
2. Dimensions
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CITY OF MIAMI BEACH PROJECT #9802
December 13,2001
3. Listing agency file
4. Wiring diagrams
5. Installation information
1.05 PRODUCT STORAGE AND HANDLING
A. Protection: Physically protect smoke and heat detectors against damage as recommended by manufacturer.
Minimize exposure of detectors to dirt and dust from construction. Provide plastic covers during
construction. Remove covers after the project has been cleaned and is ready for operation. Testing must be
done after the removal of protective covers.
B. Packaging: Store equipment in original packaging. Store inside well ventilated area protected from weather,
moisture, dust, extreme temperatures, and humidity.
C. Damage: Remove and replace with new, all broken pull stations, detectors, annunciation devices and other
accessories, damaged before final acceptance at no additional expense to the contract. No allowance shall
be made for breakage or theft befordinal acceptance.
PART 2 - PRODUCTS
2.01 SYSTEM OPERATION
A. Manual: Upon activation of the fire alann system by any manual initiating device, including manual pull
stations, the following shall take place;
1. Sound the audible fire alann signals throughout the building.
2. Flash the visual fire alann signals throughout the building.
3. Alert the local fire department via the owner provided monitoring service.
4. Release all doors held open by electro-mechanical release devices in the zone or area in alann and in
each adjacent area or zone.
5. Cause the alarm location to be displayed on the local system control panel, the main fire alann control
console, and all remote annunciators and printers.
B. Automatic: Upon activation of the fire alarm system by any smoke detector, any sprinkler flow alarm when
applicable or other automatic detection device, the following shall take place in addition to the above;
1. Shut down all air handlers and exhaust fans supplying or exhausting air in the area or zone where the
alarm is initiated and in each adjacent area or zone.
2. Close all automatic smoke dampers or smoke and fire combination dampers in ducts associated with
the air handling units and exhaust fans which will shut down.
3. Shut down all fan coil units serving exit access corridors.
4. Activate existing smoke control system as indicated in the Division 15 of these specifications.
C. Elevator Lobby Detection: Activation of any elevator lobby (except the first floor lobby), hoistway or
machine room smoke detector shall initiate the elevator Phase I recall system to the affected elevator and
initiate an alarm for the zone it is located within. Activation of the lobby smoke detector on the first floor
shall send a separate signal to the elevator controller to send the car to the alternate fire department access
level.
D. Elevator Machine Room Detection: The elevator machine room smoke detector shall energize the flashing
warning light at the designated and alternate fire department access levels.
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December 13.2001
E. Elevator Shunt Trip: Activation of any elevator hoistway heat detector or the machine room heat detector
shall initiate shunt trip of the affected elevator power supply, and by use of an auxiliary contact, initiate an
alann for the zone it is located within. Provide all necessary interfaces and materials to connect to the shunt
trip circuit of the elevator circuit breaker, and power the mechanism. Utilize shunt trip power from the
breaker controlled. Provide wiring system to the elevator controller for final connection by the elevator
contractor.
F. Elevator Alann: Elevator lobby detectors shall be cross zoned, by means of software, to indicate an alann in
the zone covering the corridor where located and indicate that the vertical elevator zone is in alarm as well.
G. Supervisory: System supervisory faults, such as shorts, opens, and grounds in conductors. operating
power failure, or faults within supervised devices, shall cause an audible and visual trouble indication at the
control panel. It shall be possible to silence the audible trouble signal. Once the trouble is corrected the
signal shall again sound until the silence switch is restored to its normal position. .
H. Sprinkler Flow Switch: The fire protection sprinkler system main flow switch shall be connected as an alann
initiating device and shall be annunciated as a separate zone. Fire protection sprinkler system zone flow
switches shall be connected as an automatic initiating device and each switch shall be separately
annunciated and zoned.
I. Sprinkler System Tamper Switch: Tamper switches connected to valves of the fire protection sprinkler
system shall be annunciated as an audible and visual trouble system.
2.02 CONTROL PANEL
A. Construction: The control panel shall be semi-flush mounted in code gauge cabinet with smooth semi-gloss
baked enamel finish, transparent door panel, and key lock. Construction of all function modules shall be
face plate attached to edge-contact printed circuit boards. All components shall be mounted as a module to
printed circuit boards. Cabinet shall provide guide way for PCB to internal wiring bus system. All printed
circuit boards shall be glass epoxy high quality construction with smooth, bright soldering and completely
free of solder paste residue.
B. Indication: All lamps, LEOs test and reset switches shall be front panel mounted, and all equipment shall be
within a single F ACP cabinet unless indicated otherwise. Face plate indicator shall be LEOs, and an 80
character, 25 line, electroluminescent alphanumeric display. The display shall provide information as to the
point status, type of alann, number of alanns in the system, and a custom location label. Each adapter
module shall be labeled. All LEOs and switches shall be identified with silk screen or similar permanent type
labeling. System status LED's shall provide immediate indicating ofany abnonnal event. (Trouble or alann).
Immediate indication of any abnormal event shall be displayed in the window of the video terminal. During
nonnal system operation, a green LED shall indicate nonnal operation. The LCD display shall indicate with a
message, nonnal system operation along with the present time and date. An alarm supervisory and trouble
conditions are indicated by dedicated LEOs and a tone-alert.
C. Accessories: The control panel shall contain all necessary components to completely service and operate
the system. Signal circuits shall be provided as required. Provide integral side located wiring gutter and
field wiring tenninal strip. Provide blank panels for all empty spaces. The F ACP requires "dry" normally
open (N/O) contacts to initiate control functions.
D. Zone Modules: Provide sufficient zone adapter modules to perform all functions listed in the System
Operation Section oflhis specification.
E. Expansion: Provide empty space for four additional boards and one 24 VDC signal circuit.
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CITY OF MIAMI BEACH PROJECT #9802
December 13, 200 1
F. Interface: Thru a standard four-position telephone jack, called a serial port, the central control unit shall be
capable of interfacing with an IBM PC compatible computer. The connection shall allow the user to directly
interface, through software, with a microcontroller board and all of the systems' operational functions.
Access shall be guarded by a security code clearance program.
G. Optional Output: The central control unit shall be capable of providing a fiber optics or equivalent output to
a remote graphics annunciator.
H. Operation: The system database shall be permanently stored using non-volatile memory technology and
shall be 100 percent field programmable not requiring any specialized programming equipment. System boot
up shall be automatic upon power up and shall not require tape or disk boot-up procedures. An event
history buffer shall provide a 600 event history buffer minimum. All system configurations including-
detector sensitivity levels shall be stored in memory. The buffer shall remain intact even in the event of
power loss.
I. Addressable Points: Detection concepts for local or system wide sensors shall be 'controlled for each
addressable point in the system. Each addressable point shall be capable of being individually assigned a
detection logic. Communication between the field panels. FACP's and the CPU consist of multiple 16 bit
digital messages with start, data, parity, and stop bits. Data address, parity, overrun, framing and check-sum
test must be passed in order for the F AC P to consider the message valid. The F ACP's shall provide
continuous supervision of the alarm input circuits, and are capable of reporting an alarm, open circuit,
shorted circuit or ground fault.
J. Sensitivity: A minimum of 12 levels of sensor sensitivity shall be available for maximum sensor flexibility.
Fire alann control panel shall determine the condition of each sensor's smoke density by comparing the
sensor value to the stored values, The control panel shall maintain a moving average of the sensor's smoke
chamber value to automatically compensate (move the threshold) for dust and dirty conditions that could
affect detection operations. The system shall automatically maintain a constant smoke obscuration
sensitivity for each sensor (via the floating threshold) by compensating for environmental factors. The
smoke obscuration sensitivity shall be adjustable to within 0.3 percent of either limit ofthe UL window (0.5
to 4.0 percent) to compensate for any environment. The system shall automatically indicate when an
individual sensor needs maintenance. Dirty sensors shall in no way decrease the amount of smoke
obscuration necessary for system activation.
K. Supervision: The FACP shall be equipped to supervise and operate 2 wire smoke detectors and other
devices. All signal circuits (speakers, chimes. homs, bells, strobe lights) shall be optional 2 or 4 wire
configuration.
L. Power Supply: The F ACP shall be equipped with an internal 24 VDC power supply and have battery back-
up function. Provide 120 V AC, operating power single phase, 20 ampere circuit from the building Life Safety
Branch Electrical System. 'The system power shall be supervised and it's failure indicated by an audible and
visual trouble alann. Provide low voltage DC power supply modules to provide filtered power for all system
modules and system devices. Provide over-current devices for protection of system components. Provide
status devices for normal power, power supply trouble and battery fuse trouble. The power supply modules
shall supervise the loss of AC, loss of DC and low DC output. Provide the required quantity of power
supplies to adequately supply power.
1 . Provide Secondary Standby Power system from the system battery set as described with 60 hour
capacity followed by 10 minutes ofalarm with rechargeable (24VDC) gel cell type battery and
enclosure with sufficient capacity to operate system for 4 hours standby then 5 minutes in alarm to
maintain operation through limited power outages.
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CITY OF MIAMI BEACH PROJECT #9802
December 13, 2001
M. Communication: F ACP amplifiers shall be housed within the F ACP for distribution of horn signals
throughout the building.
N. Self Test: The control panel shall continuously perform an automatic self-test routing on each sensor which
will functionally check sensor electronics and ensure the accuracy of the values being transmitted to the
control panel. Any sensor that fails this test shall indicate a "SELF TEST AB:'\ORMAL" trouble conditions
with the sensor location at the control panel.
O. Manual Access: An operator at the fire alann control panel or at the central control monitor, having a proper
password access level, shall have the capability to manually access the following for each detector:
1. Infonnation
a. Primary device type
b. Present average value
c. Present sensitivity selected (in percent obscuration I
d. Peak detection values (in percent obscuration)
e. Sensor range (nonnal, dirty, etc.)
f. Enable or disable any system point
(Disabling any device shall create a trouble signal. which may not be software eliminated.)
2. Operator shall have the ability to set the detector sensitivity and the verification frequency.
P. System Functions: Provide control circuitry for operation of the system and indication of all system
functions. The functions shall include system reset, alann lock-in. grounded system trouble, signal silenced,
ammeter and LED test. System function keys shall be provided at a minimum for acknowledge, alann silence,
trouble silence, reset, next alann, next trouble.
Q. Operational Controls: Provide dedicated alann supervisory and trouble condition acknowledge buttons.
Operation'ofthe appropriate acknowledge button silences the tone-alert. The LED remains illuminated until
all conditions in that category are restored to nonnal.
R. Ground Detection: Provide ground (earth) detection capability to detect either positive or negative voltages
when ground (earth) connections of 50,000 OHMS or less are encountered.
s. Initiating Modules: Provide initiating modules to interface between initiating devices and F ACP. Provide
modules to accept nonnally open current limited (Style B) 2 - wire initiating circuits.
T. Signal Modules: Provide signal modules for DC signals wired in parallel, and for supervision of opens,
shorts and earth grounds.
U. Control Modules: Provide auxiliary function modules as required for operation of air handler and exhaust
shutdown, door release and other system control functions as applicable. Each function shall have an
associated programmable control key and associated LED. Each shall be individually password protected to
allow limited access level to perfonn that function control.
v. Programming: Unit shall be programmable for individual acknowledgement of each point in an abnormal
condition as well as restoration to nonnal status.
W. Regeneration: The network, upon failure of the polling CPU or a severed data cable line, shall sense the
missing remote controllers or field panels and regenerate itself into a system or systems dependent on the
remaining hardware. Such a failure shall result in a trouble alann.
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December 13,2001
X Design Selection: S;mp/u 4100. Pyrotron;cs Equal. Honeywell EqulIL
2.03 ADDRESSABLE MANLAL ST A nONS
A. Pull Station: Manual fire alarm pull station shall be semi-flush, non-coded, normally open double action type
with single contacts. A downward pull of the lever shall activate a switch to sound the alarms and light the
zone lamps at the control panel. Station shall remain actuated until station is reset by means of a special
key. Design Selection: S;mple;f:
B. Address: Provide dip switches to set address code to communicate with control panel.
C. Mounting Height: 48 inches above floor to centerline.
2.04 ALARM SIGNALS
A. Type: General alarm signals shall be supervised speakers semi-flush mounted with flashing strobe lights.
The device shall be labeled "FIRE". Design Selection: S;mplex.
B. Sound Level: Sound pressure level shall be 92 DB at 10 feet across the frequency range of 400 to 4,000 Hz.
C. Lamp: Rate to peak light intensity shall be minimum 75 candelas for the DC strobe. Flash lamp at a rate of I
flash per second.
D. Mounting Height: Signaling devices shall be mounted no lower than 80 inches above floor to bottom of the
device (and not higher than 96"). or 6" below ceiling, whichever is lower.
E. Sound and Light Intensity: Sound level and light intensity shall conform to ADA standards.
F. Alarm Silence: Strobes shall continue to flash after alarm has been acknowledged. Devices shall be 4-wire.
2.05 ADDRESSABLE THER.\l~ DETECTORS
A. Usage: Use fixed temperature heat detectors in kitchens, loading docks, janitor's closets, mechanical
equipment rooms, and rooms containing steam generating equipment.
B. Rate of Rise Detectors: Provide 135 degrees F. fixed temperature with automatic heat rate-of-rise type
detectors with a 12 degree F. per minute change initiation. The device shall be ceiling-mounted, unless
otherwise noted. Provide each detector with integral indicators to indicate polling, and when it is in alarm.
C. Fixed Temperature Heat Detectors: Provide automatic heat detectors of 135 degrees F. 'fixed temperature
where heat detectors are indicated on the drawings. Provide each detector with integral indicators to
indicate polling and if fixed temperature rating ofthe device has been exceeded. Certain locations noted,
including all mechanical rooms, shall contain 190 degrees F. fixed temperature type.
D. Detector Base: The base shall be equipped with a mechanism to lock heat detector into base.
E. Elevator Shaft Detectors: Provide fixed temperature 135 degrees F. heat detectors for elevator shaft
locations, and elevator equipment rooms.
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December 13,2001
2.06 AUTOMATICALLY ADJUSTABLE ADDRESSABLE SMOKE DETECTORS
A. General: The detector shall not require replacement or readjustment after a fire alarm has been given. Two
LED's indicate the presence of polling and alarm conditions. Equip detector with dip switches to set
addressable codes to communicate with the control panel. The detectors shall be listed for both ceiling and
wall mount applications.
B. Sensitivity: The detector sensitivity shall be individually adjustable and set by the software program of the
fire alarm control panel and shall communicate actual smoke chamber values to the system control. Sensors
shall have no self contained alarm set point (fixed threshold) or addressable setting ability. The detector
shall communicate actual smoke chamber values to the system control. The detector shall automatically
compensate for environmental changes.
C. Wiriilg: Wire detectors for alarm annunciation and supervision to allow the removal of any detector without
disturbing the alarm capability or supervision of any other detector.
D. Photoelectric Smoke Detectors: Photoelectric type smoke detectors shall communicate actual smoke
chamber values to the system control panel.
E. Photoelectric Smoke Detector Manufacturer: Detector shall be as manufactured by Simplex. Honeywell.
Pyrotronics.
F. Duct Photoelectric Smoke Detectors: The duct smoke detectors shall be photoelectric and shall
communicate actual smoke chamber values to the system control. The duct housing shall contain an LED
which shall pulse to indicate power on and glow continuously to indicate an alarm or detector trouble
condition. The lamp in the detector and at the remote alarm lamps shall light to indicate the initiation of the
alarm. Detector, when duct-mounted, shall be mounted on sheet metal collar installed in duct so that
detector is firmly secured even after repeated removal. Design Selection Simplex,
2.07 REMOTE ALARM LAMPS
A. Location: A red remote flush alarm light shall be provided for each duct or concealed detector. adjacent to
its location, in a public space, to annunciate smoke detector operation remotely. Where multiple lamps are
shown, all lamps shall be mounted on a single plate.
B. Identification: Label shall be red with white lettering, 3/4 inch high. Refer to Identification section of the
specification.
C. Mounting Height: 84 inches above floor to centerline.
2.08 ELEVATOR WARNING UGm
A. Location: Provide an elevator warning light on primary and secondary firefighters' entrance levels. Light
shall conform to ANSI A 17.1.
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B. Mounting Height: 60 inches above floor to centerline.
2.09 FIRE ALARM ANNNClATOR PANEL (F AAP)
A. Location: Provide a F AAP at the reception desk as determined by the local fire marshal.
B. Mounting Height: 60 inches above floor to centerline.
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C. Design Selection: S;"'p/~x, Pyrotronics, Hon~,'w~1I
2.10 AIR HANDLING SYSTEM SHUTDOWN ADDRESSIBLE MODULE
A. Operation: Provide a data addressable module at each air handling system and exhaust fan for shutdown on
alann from the fire alarm system as per the systems operation description. The unit shall be wired such that
it shall be self monitoring for integrity. A failure of the relay or associated wiring shall cause unit shutdown.
The coil voltage of the relay shall match the fire alann control panel voltage and a fire alann signal shall
initiate interruption of the air handling unit starting circuit.
2.11 DOOR HOLD OPEN DEVICES
A. Equipment: Devices as indicated on the drawings shall be as follows:
1. Door solenoid r..:lder/closer header type 24 volt where required.
2. Two piece mag:::etic door and wall mount unit 24 volt where required.
B. Operation: Door holon shall be de-energized from the F ACP during alann.
C. Power: 24 V AC powe~ shall be provided from the power supply of the F ACP.
2.12 SMOKE DAMPERS
A. Operation: Smoke Da:npers or combination Smoke and Fire Dampers shall operate as specified herein.
B. Power: Power for elec:rically operated Smoke Dampers or combination Smoke and Fire Dampers shall be
from the same power 5)UrCe as the Air Handing Unit or Exhaust Fan where the associated duct is controlled
by that damper. Shut down of Air Handling Unit or Exhaust Fan for servicing shall cause associated
dampers to close.
PART 3 - EXECUTION
3.01 INSTALLATION OF CEILING DETECTORS
A. General: All ceiling rr.:,'mted detectors shall be installed in accordance with requirements ofNFPA 72.
Detectors shall be pos::ioned to avoid drafts from'supply air diffusers and an adequate distance from
equipment producing ;'~dden temperature changes which would result in nuisance false alanns. Ceiling
smoke detectors shall :-e so located as to not allow supply air grills to impede the effective operation of the
detector. Position det~or a minimum of 3 feet from supply air grills.
B. Spacing: The corridor system layout shall maintain a maximum 30 feet on center and 15 feet from the ends of
all corridors spacing, Additional detectors shall be located within 5 feet and no closer than 12 inches of
doors in smoke walls,
C. Protection: Provide tc:::;porary protection for all detectors installed prior to completion of construction.
D. Location: Locate smoJ.:e detectors a minimum of at least 15 feet from any type offumace, hot water heater.
or a gas space heater,
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3.02 INST ALLA nON OF DUCT DETECTORS
A. General: Installation of duct mounted smoke detector housings and sampling tubes within the supply and
return air ductwork shall be done by an experienced sheet metal worker.
B. Location: Detector shall be mounted at least 6 duct widths downstream from any duct opening, deflection
plates, sharp bends or branch connections. Provide air pressure differential test data to engineer in areas
where distance is limited by physical restraints.
C. Assurance: Proper air velocities shall be maintained per the manufacturer's specifications.
D. Wiring: It shall be the Contractor's responsibility to provide the proper backbox and sampling tubes for
installation within the ductwork. All electrical connections shall be completed by the Fire Alarm Contractor
as required for a complete system.
E. Access: Provide access panels in ductwork to afford proper service and maintenance of the duct detector.
3.03 DOORS IN SMOKE WALLS
/
A. Hold Open Devices: All doors in smoke walls shall be required to have magnetic door hold open devices.
Doors normally kept closed or locked such as toilets, dressing rooms, closets, and mechanical/electrical
rooms do not require hold-open devices.
B. Type: Contractor shall review all doors in the smoke walls to determine the most appropriate type of door
holder. Doors with no convenient adjacent wall require the installation of header type units.
C. Identification: Doors in smoke walls not protected by magnetic hold-open devices shall be brought to the
attention of the Engineer and be provided with a sign, mounted at nonnal viewing height with the following
statement: "Fire Door - Keep Closed At All Times" The sign shall be oflaminated plastic with 2 inches high
minimum letters, red on white background. The sign shall be permanently secured to the door with brass
screws minimwn #4.
D. Smoke Detectors: Smoke detectors located at doors in smoke walls shall be located no further than 5 feet
and no less than I foot from the door.
3.04 SPRINKLER SYSTEM
A. Tamper Switch Supervisory System: Provide connections for sprinkler system tamper switches as required.
B. Waterflow Switch: Provide connections to waterflow switches to the waterflow zone as required.
3.05 ELEVATOR RECALL AND DETECfION SYSTEM
A. Installation: Contractor shall provide all conduit wiring and associated devices and detectors for Phase I
recall and emergency elevator power disconnection.
3.06 CONTROL CONSOLE
A. Main Console: Provide the necessary interface cards or circuitry to enable the fire alarm systems to act as
one unit for control and annunciation at the main console. Provide for multiple control console locations.
B. Power Supply: Provide secondary standby power as specified in section 2.02.
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3.07 INSPECTIONS AND INSTALLATION TESTING
A. Local Authority Having Jurisdiction: Equipment shall be installed and located in accordance with
requirements of the local authority having jurisdiction.
B. Demonstration: Upon completion of installation and inspection by the Contractor, an authorized Owner
representative shall physically inspect the installed equipment, workmanship, and witness Contractor
performed acceptance tests of the fire alann systems that demonstrate compliance to specifications.
C. Personnel: The Contractor shall provide equipment and personnel as required for acceptance tests and any
tests required by inspecting authorities.
D. Deficiencies: The Contractor shall correct all system deficiencies and make all necessary adjustments at no
cost to the Owner. Perform another acceptance test after correction of deficiencies.
E. Notification: Before proceeding with any testing, infonn the staff of the location where the alarm signal will
sound to prevent any unnecessary action. At the conclusion of testing, those previously notified (and
others necessary) shall be further notified that testing has been concluded.
F. Hazardous Locations: Any method or device used for sensing in an atmosphere or process classified as
hazardous by Article 500 ofNFPA 70, National Electrical code, shall be listed, and suitable for such use.
G. Reports: Records ofall inspections and tests shall be made and submitted at the conclusion of the work.
3.08 SMOKE DETECTOR SENSITIVITY TESTING
A. Testing: Sensitivity settings shall be recorded for all heads and submitted to Engineer at completion.
B. Reporting: Utilize "Detector Sensitivity Report" included at the end of these specifications for recording
test results.
C. Testing of Existing Equipment: Inspections and tests of existing equipment shall be performed to insure that
all control functions, operating panels, annunciation devices and each detector is in reliable operating
condition. This equipment shall be connected to the new system so all control functions, annunciation, etc.
operate as one system._
3.09 HEAT DETECTOR TESTING
A. Procedure: A restorable heat detector and the restorable element of a combination detector shall be tested
by exposing the detector to a heat source, such as a shielded heat lamp, until it responds. After each heat
test, the detector shall reset.
B. Precaution: Precaution shall be taken to avoid damage to the non-restorable fixed temperature element ofa
combination rate-of-rise fixed temperature detector. The manufacturer's instructions shall be followed.
3.10 SMOKE DETECTOR TESTING
A. Response: To assure that each smoke detector is operative and produces the intended response, it shall be
caused to initiate an alarm at its installed location with smoke or other aerosol, acceptable to the
manufacturer, that demonstrates that smoke can enter the chamber and initiate an alarm.
B. Method: To assure that each smoke detector is within its listed and marked sensitivity range, it shall be
tested using either one of the following;
ADDRESSABLE FIRE ALARM SYSTEM
1672~11
MIAMI BEACH REGIONAL UBRARY
CITY OF MIAMI BEACH PROJECT #9802
December 13, 200 I
1. A calibrated test method.
2. The manufacturer's calibrated sensitivity test instrument.
3. Listed control equipment arranged for the purpose.
4. Other calibrated sensitivity test method acceptable to the authority having jurisdiction.
C. Range: Detectors found to have a sensitivity outside the accepted range shall be replaced.
D. Exception: Detectors listed as field adjustable may be either adjusted within an accepted range or replaced.
~: The detector sensitivity cannot be tested or measured using any spray device that administers an
unmeasured concentration of aerosol into the detector.
3.11 CLEANING
A. Method: Clean all detectors and remove dust or dirt that has accumulated. For each detector, the cleaning,
checking, operating, and sensitivity adjustment shall be attempted only after consulting the manufacturer's
instructions. These instructions shall detail methods such as vacuuming to remove loose dust and insects
and washing to remove heavy grease and grime deposits. In lieu of these cleaning methods, the manufacturer
may provide cleaning service at the field location. Following partial disassembly or washing ofthe detector
to remove contamination, the appropriate sensitivity test required shall be performed.
END OF SecnON
INSPECfION AND TESflNG FORM
DATE:_
ADDRESSABLE FIRE ALARM SYSTEM
I 672().12
MIA.'U BEACH REGIONAL LIBRARY
CITY OF MIAMI BEACH PROJECT #9802
December 13, 2001
TIME:
SER\1CE ORGANIZATION
NAME:
ADDRESS:
REPRESENTATIVE:
LlCEXSE NO.:
TELEPHONE:
MO:\TIORING ENTITY APPROVING AGENCY
CONTACT:
TELEPHONE:
MOKITORING,ACCOUNT REF. NO.:
lYPE TRANSMISSION
- McCulloh
- !\1ultiplex
- Dillital
- Re\'erse Priority
-RF
- Other (Specify)
PROPERlY NAME (USER)
NAME:
ADDRESS:
OWNER CONTRACT:
lELEPHONE:
APPROVING AGENCY
CONTACT:
TELEPHONE:
SERVICE
- Weekly
- Monthly
- Quarterly
- Semi-Annually
- Annually
- Other (Specify)
PANEL MANUFACTURE:
CIRCClT STYLES:
NO. OF CIRCUITS:
SOFTWARE REV.:
LAST DATE SYSTEM HAD ANY SERVICE PERFORMED:
LAST DATE THAT ANY SOFTWARE OR CONFIGURATION WAS REVISED:
ALARM INITIATING DEVICES AND CIRCUIT INFORMATION
MODEL NO.:
QIT OF
CIRCUIT S1YLE
QTI'OF
MANUAL STATIONS
ION DETECTORS
PHOTO DETECTORS
Duer DETECTORS
HEAT DETECTORS
W ATERFLOW SWITCHES
SUPERVISORY SWITCHES
OTHER:(SPECIFY)
ALARM INDICATING APPLIANCES AND CIRCUIT INFORMATION
CIRCUIT stYLE
BEllS
HORNS
CHIMES
ADDRESSABLE FIRE ALARM SYSTEM
16720-13
MIAMI BEACH REGIONAL LIBRARY
CITY OF MIAMI BEACH PROJECT #9802
NO. OF ALARM INDICATING CIRCUITS:
ARE CIRCUITS SUPERVISED? [} YES [] NO
December 13,2001
STROBES
SPEAKERS
OTHER: (SPECIFY)
QlY OF
SUPERVISORY SIGNAL INITIATING DEVICES AND CIRCUIT INFORMATION
CIRCUIT STYLE
BUIlDING TEMP.
SITE WATER TEMP.
SITE WATER LEVEL
FIRE PUMP POWER
FIRE PUMP AUTO POSITION
FIRE PUMP OR PUMP CONTROLLER TROUBLE
FIRE PUMP RUNNING
GENERATOR IN AUTO POSITION
GENERATOR OR CONTROLLER TROUBLE
SWITCH TRANSFER
GENERATOR ENGINE RUNNING
OTHER:
SIGNALING LINE CIRCUITS
Quantity and style (See NFP A 72, Table 3-6.1) of signaling line circuits connected to system:
Quantity Style(s)
SYSTEM POWER SUPPLIES
a. Primary (Main): ~ominal Voltage , Amps
Overcurrent Protection: Type . Amps
Location (Panel ~umber):
Disconnecting Means Location:
b. Secondary.(Standby):
Storage Battery: Amp -Hr. Rating
Calculated capacity to operate system, in hours: _ 24 _ 60 _
Engine-driven generator dedicated to fire alarm system:
Location of fuel storage:
TYPE BATl'ERY
[ ] Dry Cell
[ ] Nickel Cadmium
[] Sealed Lead-Acid
[ ] Lead-Acid
[ ] Other (Specify)
ADDRESSABLE FIRE ALARM SYSTEM
1672~]4
c. Emergency or standby system used as a backup to primary power supply, instead of using a secondary
power supply:
Emergency system described in NFPA 70, Article 700
Legally required standby described in NFPA 70, Article 701
Optional standby system described in NFPA 70, Article 702, which also meets the performance
requirements of Article 700 or 70 I.
MIAMI BEACH REGIONAL LIBRARY
CITY OF MIAMI BEACH PROJECT #9802
NOTIFICATIONS ARE MADE:
MONITORING ENTITY
BUILDING OCCUPANTS
BUILDING MANAGEMENT [ ]
OTIlER (SPECIFY) [ ]
AHJ (NOTIFIED) OF ANY IMPAIRMENTS
"
December 13,2001
PRIOR TO ANY TESTING
~
[ I
[ I
[ ]
[J
[ I
NO
[J
[]
WHO
TIME
[ ]
SYSTEM TESTS AND INSPECTIONS
TYPE \'lSUAL FUNCfIONAL
CONTROL PAl''lEL [ ] [ I
INTERFACE EQ. [ ] [ I
LAMPS/LEDS [ I [ I
FUSES [ I [ I
PRIMARY POWER SUPPLY [ ] [ ]
TROUBLE SIGNALS [ ] [ ]
DISCONNECT SWITCHES [ I [ ]
GROUND FAULT MONITORING [] [ I
SECONDARY POWER
TYPE VISUAL FUNCfIONAL
BA lTERY CONDITION [ I [ I
LOAD VOLTAGE [} []
DISCHARGE TEST [ I [ I
CHARGER TEST [ ] [ ]
SPECIFIC GRA VlTY [ ) [ ]
TRANSIENT SUPPRESSORS []
REMOTE ANNUNCIATORS [ I [ I
NOTIFICATION APPLIANCES
AUDIBLE [] [ I
VISUAL [ ] [ ]
SPEAKERS [ I [ ]
VOlCE CLARITY [ I [ ]
UX\otI\ftNIS
UX\otI\ftNIS
INITIATING AND SUPERVISORY DEVICE TESTS AND INSPECTIONS
DEVICE VISUAL FUNCTIONAL
LOC. & SIN TYPE CHECK
[ ]
[ I
[ I
[ ]
[ ]
[ ]
COMMENTS:
ADDRESSABLE FIRE ALARM SYSTEM
FACfORY MEAS.
TEST SETTING SEITING PASS FAIL
{ I [ ] [ ]
[ I [ I [ ]
[ I [ I [ ]
{ I [ ] [ ]
{ I [ ] [ )
[ ) [ ] [ ]
16720-15
MIAMl BEACH REGIONAL LIBRARY
CITY OF MIAMI BEACH PROJECT #9802
December 13,2001
EMERGENCY COMMUNICATIONS \ lSUAL FUNCfIONAL
CO'BI
E'IS
EQUIPMENT
PHONE SET [] [ J
PHONE JACKS [ ] [ ]
OFF-HOOK INDlCA TOR [ 1 [ ]
AMPLlFIER(S) [ ] [ 1
TONE GENERATOR(Sl [ ] []
CALL IN SIGNAL [ 1 [1
SYSTEM PERFORMANCE [ 1 ( ]
DEVICE SIML1.-HED
VISUAL OPERATION OPER-\ nos
INTERFACE EQUIPMENT
(SPECIFY) [) [] [ )
(SPECIFY) [ ] [ ) [ )
(SPECIFY) [] [ ) [ )
SPECIAL HALARD SYSTEMS
(SPECIFY) [ ] [) [ 1
(SPECIFY) [] [J [ ]
(SPECIFY) [] [J []
SPECIAL PROCEDURES:
COMMENTS:
ONJOFF PREMISES MONITORING:
~ NO 11ME COI\l'\1ENTS
ALARM SIGNAL [ ] [ ]
ALARM RESTORAL [ ] []
TROUBLE SIGNAL [) []
SUPERVISORY SIGNAL [] []
SUPERVISORY RESTORAL [J []
NOI1FICA11ONS 11IAT TESTING IS
COMPLETE: YfS NO WHO TIME
Bun..DING MANAGEMENT [J ( ]
MONITORING AGENCY (] []
BUll.DING OCCUPANTS [] [ ]
ADDRESSABLE FIRE ALARM SYSTEM 16720-16
MIAMI BEACH REGIONAL LIBRARY
CITY OF MIAMI BEACH PROJECT #9802
December 13, 2001
OTHER (SPECIFY)
THE FOLLOWING DID NOT OPERATE CORRECTLY:
[)
[ 1
SYSTEM RESTORED TO NORMAL OPERATION: DATE TIME
THIS TESTING WAS PERFORMED IN ACCORDANCE WITH APPLICABLE NFPA STANDARDS.
NAME OF INSPECTOR:
DATE:
SIGNATURE:
TIME:
NAME OF OWNER OR REPRESENTATIVE:
DATE:
TIME:
SIGNATURE:
ADDRESSABLE FIRE ALARM SYSTE\i
16720-17
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FlORIDA 33139
hltp:\\ci .miami.beach. 11.1. S
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PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
INVITATION TO BID NO. 02-01/02
ADDENDUM NO.4
December 6, 2001
CONSTRUCTION OF THE CITY OF MIAMI BEACH REGIONAL LIBRARY
is amended as follows:
I. The Bid Opening date is changed from December 12,2001 to December 19, 2001 at 3:00 P.M.
II. The LAST DAY for questions will be Monday December 10,2001 at 5:00 P.M.
m. Subsequent addenda will follow with answer to questions from prospective bidders.
Bidders are required to acknowledge this addendwn on proposal pagel21, "Acknowledgement of
Addenda", and shall submit a complete copy of this and!D addenda with their bid, or the bid may be
considered non-responsive.
CITY OF MIAMI BEACH
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Gus Lopez, CPPO
Procurement Director
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CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE. MIAMI BEACH. FLORIDA 33139
http:\\ci.miami.beach.fl.us
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PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
INVITATION TO BID NO. 02-01102
ADDENDUM NO.3
November 26, 2001
CONSTRUCTION OF THE CITY OF MIAMI BEACH REGIONAL LIBRARY
is amended as follows:
I. The Bid Opening date is changed from December S, 2001 to December 12,2001 at 3:00 P.M.
II. Subsequent addenda will follow.
Bidders are required to acknowledge this addendwn on proposal page121, "Acknowledgement of
Addenda", and shall submit a complete copy of this and !II addenda with their bid, or the bid may be
considered non-responsive.
CITY OF MIAMI BEACH
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Gus Lopez, CPPO
Procurement Director
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CITY OF MIAMI BEACH
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1700 CONVENTION CENTER DRIVE. MIAMI BEACH, FLORIDA 33139
hltp:\\ci, mi am i-beach, fI ,us
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673.7851
INVITATION TO BID NO. 02-01102
ADDENDUM NO.2
November 19, 2001
CONSTRUCTION OF THE CITY OF MIAMI BEACH REGI07\AL LIBRARY
~ amended as follows:
I. Clarification; Minimwn Requirements, Page 7 of the Bid Package: "Prospective Bidder (General
Contractor) must have minimwn of 5 years experience in providing similar type/size scope of work
as indicated in the Technical Specifications."
See Page 12 Section 00200 - Definitions, Paragraph l.t-Bidder, of the bid documents.
II. Two (2) additional drawings (surveying) have been added to the bid set These drawings have
been sent to T -Square Miami to be included in the Master Set. All prospective bidders who
purchased plans for this bid from T -Square will be contacted in reference to the additional plans.
Bidders are required to acknowledge this addendum on proposal page121, "Acknowledgement of
Addenda", and shall submit a complete copy of this and !II addenda with their bid, or the bid may be
considered non-responsive.
CITY OF MIAMI BEACH
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Gus Lopez, CPPO
Procurement Director
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CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE. MIAMI BEACH, FLORIDA 33139
htlp :I\ci. miam i.beach. lI.us
PROCUREMENT DIVISION
Telephone (305) 673.7490
Facsimile (3051 673.7851
INVITATION TO BID NO. 02-01102
ADDENDUM NO.1
November 16, 2001
CONSTRUCTION OF THE CITY OF MIAMI BEACH REGIONAL LIBRARY
is amended as follows:
I. The foUowing are changes to the plans bid set. All prospective bidden who purchased
plans for this bid from T -Square win be contacted in reference to the additional plans.
1) Irrigation Drawings L IJ, L 1.4 and Ll.5 are missing from the pIan bid set, these plans have
been sent to T -Square Miami to be included in the Master Set.
2) Drawings Al 1.2, Al 1.3 and S2.10 are included in document set but are not listed in the
Cover Sheet Drawings List. Drawings All.l, Al 1.2 and AIIJ are to be deleted from
the current bid set. A new drawing AII.1 has been issued and replaces the three drawings
noted above. Drawing S2.1 0 was inadvertently missed in the Drawings List of the Cover
Sheet. A new Cover Sheet has been issued reflecting all these corrections and has been
sent to T -Square Miami to be included in the Master Set.
Bidders are required to acknowledge this addendum on proposal pagel21, "Acknowledgement of
Addenda", and shall submit a complete copy of this and !II addenda with their bid, or the bid may be
considered non-responsive.
CITY OF MIAMI BEACH
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Gus Lopez, CPPO
Procurement Director
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CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.f1.us
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Telephone (305) 673-7490
Facsimile (305) 673-7851
PROCUREMENT DIVISION
INVITATION TO BID NO. 02-01/02
NOTICE TO CONTRACTORS
Sealed bids will be received by the City of Miami Beach Procurement Director, 3rd
Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on
the December 5, 2001 for:
Construction of the City of Miami Beach Regional Library
Scope of Work: The WORK consists of construction of a new two-story library building
of approximately 42,000 square feet and two adjacent surface parking areas. The
WORK includes but is not limited to: all temporary facilities and controls, underground
utilities, earthwork, asphalt paving, concrete paving, termite control, sanitary sewerage,
storm drainage, landscaping, irrigation system, architectural fountains, site furnishings,
unit pavers system, concrete foundations, reinforce concrete building structure, fiber
reinforced pre-cast; concrete masonry, terra cotta masonry, cast stone, dimensional
stone cladding and stone masonry. The WORK includes steel joists and metal deck,
metal fabrications, both ornamental and structural, metal railings, rough carpentry and
interior architectural finish woodwork. The WORK includes waterproofing, insulation,
built-up roofing, sheet metal flashing, roofing accessories, firestop systems and joint
sealants. The WORK includes steel doors and frames, wood doors, access doors,
sound proof doors, aluminum entrances and storefronts, aluminum windows, finish
hardware and glazing. The WORK includes plastering, gypsum board assemblies,
reinforced gypsum fabrications, ceramic tile, terrazzo, acoustical ceilings, luminous
ceilings, wood flooring, wood paneling on walls, resilient flooring, linoleum floor
coverings, carpet, stretched-fabric wall systems and painting. The WORK includes toilet
compartments, signs, metal lockers, fire protection specialties, custom built millwork,
operable panel partitions, telephone specialties, toilet fixtures and bath accessories.
The WORK includes projection screens, foot grilles, electrically-operated roller shades
and hydraulic elevators. The WORK includes heating, ventilating and air-conditioning
systems. The work includes plumbing and fire sprinkler systems. The WORK includes
all electrical, including raceway systems, lighting, surge suppression and addressable
fire alarm systems.
Minimum Requirements: Prospective Bidder (General Contractor) must have
minimum of 5 years experience in providing similar type/size scope of work as indicated
in the Technical Specifications.
At time, date, and place above, bids will be publicly opened. Any bids or proposals
received after time and date specified will be returned to the bidder unopened.
BID NO: 02-01102
DA TE: 11/02/01
CITY OF MIAMI BEACH
7r
,
i
/
Please be advised that the City has implemented enhanced security measures and as a
result you must present a photo identification card (Le. driver's license) before entering
our City Hall building. Bidders may expect delays up to 30 minutes, and should
therefore plan accordingly in giving themselves enough time to deliver bid/proposal by
the due date and time as specified herein. The responsibility for submitting a
bid/proposal before the stated time and date is solely and strictly the responsibility of the
bidder/proposer. The city is not responsible for delays caused by mail, courier service,
including U.S, Mail, or any other occurrence.
A Pre-Bid Conference will be held at 10:00 a.m. on November 14, 2001 at the City
of Miami Beach City Hall First Floor Conference Room located at 1700 Convention
Center Drive, Miami Beach, Florida 33139.
Attendance at the Prebid Conference is highly encouraged and recommended as a
source of information but is not mandatory.
A Bid Bond of $200,000.00 will be reaulred with the bid. The successful bidder will
be required to furnish Performance and Payment Bonds, each in the amount of one
hundred (100%) percent ofthe Contract amount.
The City has contracted with DemandStar by Onvia as our electronic procurement
service for automatic notification of bid opportunities and document fulfillment. We
encourage you to participate in this bid notification system. To find out how you can
receive automatic bid notifications or to obtain a copy of this Bid, go to
www.demandstar.com or call toll-free 1-800-711-1712, and request Document
#023. Subscribing to DemandStar by Onvia's bid notification system is not a
requirement. You will still be able to find bid information and download documents
through the City's website (htto:/IcLmiami-beach.f1.us. 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 10 of the Bid package must be
completed and returned to T -Square Miami before prospective bidders will receive
requested plans and specifications.
Any questions or clarifications concerning this Invitation to Bid shall be submitted in
writing by mail or facsimile to the Procurement Department, 1700 Convention Center
Drive, Miami Beach, FL 33139 FAX: (305) 673-7851. The Bid title/number shall be
referenced on all correspondence. All questions must be received no later than ten (10)
calendar days prior to the scheduled Bid opening date. All responses to
questions/clarifications will be sent to all prospective bidders in the form of an
addendum.
The City of Miami Beach reserves the right to accept any proposal or bid deemed to be
in the best interest of the City of Miami Beach, or waive any informality in any proposal
or bid. The City of Miami Beach may reject any and all proposals or bids.
BID NO: 02-01/02
DATE: 11/02/01
CITY OF MIAMI BEACH
8
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
"CONE OF SILENCE, .. IN ACCORDANCE WITH ORDINANCE NO. 99-3164. A
COPY OF ALL WRITTEN COMMUNICA TION(S) REGARDING THIS BID MUST BE
FILED WITH THE CITY CLERK.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO
THE "CODE OF BUSINESS ETHICS" ("CODE"), IN ACCORDANCE WITH
RESOLUTION NO. 2000-23879.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
CITY OF MIAMI BEACH DEBARMENT ORDINANCE NO. 2000-3234.
CITY OF MIAMI BEACH
F"';J -P"
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Gus Lopez, CPPO
Procurement Director
BID NO: 02-01/02
DATE: 11/02/01
CITY OF MIAMI BEACH
9
C.O.D Order
T-SQUARE
A TTN:CARMEN DAVILA
FAX 305-324-8040
PHONE 305-3241234 EX. 320
CITY OF MIAMI BEACH
BID # 02-01/02
Authorized by : Roman Martinez
Complete Set 146 Plans
Specifications: Division One DocumentslTechSpecs - 8 1/2" x 11"
Fax: 305.324.8040
Price per SQ.FT S .12cnts full sizel haIfsize S 1.00 per first copy &.45 second copy Total
(MINIMUM ORDER FOR FREE DELIVERY $20.00 PER DELIVER)
COMPANY NAME: ORDER BY:
Bill to: ___________________________COD T-Square Acct# 613204 Cash:____
Credit Card #
Visa:_ Amex:_Master:_Other:
Ex. date
In the name of:__________Authorization signature_______________
Ship TO:
City
State
zip code
Phone:_-_-_Fax:_ -_ -_ Contact name
Title
Received by:
shipped by: UPS #
shipped by: UPS #
FEDEX #
Received by:
FEDEX #
Next day air _ Next day air saver _Ground _Second day air AM
air
Second
Three day select Handling chargeS
Order received by T -Square: Title:
ANY QUESTION AT T-SQUARE PLEASE CALL 305-324-1234
ASK FOR: Rusty James = VP Production
Don Walker = Production Department
Jesus Luya = Production Department
Veronica Lorza = Account Manager
Carmen Elena Davila = Sales Manager
= Ext. 202
= Ext. 224
= Ext. 224
= Ext. 230
= Ext. 320
If you already have an account with T -Square please use your account
# to place the order.
Thank you for your business.
BID NO: 02-01/02
DATE: 11/02101
CITY OF MIAMI BEACH
10
00100.
GENERAL INSTRUCTIONS TO BIDDERS:
1 . Generat. 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 WORK consists of construction of a new two-story library
building of approximately 42,000 square feet and two adjacent surface parking
areas. The WORK includes but is not limited to: all temporary facilities and
controls, underground utilities, earthwork. asphalt paving, concrete paving.
termite control, sanitary sewerage. storm drainage, landscaping, irrigation
system, architectural fountains, site furnishings, unit pavers system, concrete
foundations, reinforce concrete building structure, fiber reinforced pre-cast,
concrete masonry. terra cotta masonry, cast stone, dimensional stone cladding
and stone masonry. The WORK includes steel joists and metal deck, metal
fabrications. both ornamental and structural, metal railings. rough carpentry and
interior architectural finish woodwork. The WORK includes waterproofing.
insulation, built-up roofing, sheet metal flashing. roofing accessories, firestop
systems and joint sealants. The WORK includes steel doors and frames, wood
doors. access doors. sound proof doors. aluminum entrances and storefronts.
aluminum windows, finish hardware and glazing. The WORK includes plastering,
gypsum board assemblies, reinforced gypsum fabrications. ceramic tile. terrazzo,
acoustical ceilings, luminous ceilings. wood flooring, wood paneling on walls.
resilient flooring, linoleum floor coverings, carpet, stretched-fabric wall systems
and painting. The WORK includes toilet compartments. signs, metal lockers. fire
protection specialties, custom built millwork. operable panel partitions, telephone
specialties. toilet fixtures and bath accessories. The WORK includes projection
screens, foot grilles, electrically-operated roller shades and hydraulic elevators.
The WORK includes heating, ventilating and air-conditioning systems. The work
includes plumbing and fire sprinkler systems. The WORK includes all electrical,
including raceway systems. lighting, surge suppression and addressable fire
alarm systems.
3. Location of Work: 227 22nd Street. Miami Beach, Florida 33139.
4. Abbreviations and Svmbols: The abbreviations used throughout the Contract
Documents are defined hereinafter in the Technical Specifications. The symbols
used in the Plans are defined therein.
BID NO: 02-01/02
DATE: 11/02/01
CITY OF MIAMI BEACH
11
I
00200. DEFINITIONS:
1. Definitions: Whenever the following terms or pronouns in place of them appear
in the Project Manual, the intent and meaning shall be interpreted as follows:
1.1. Bidder: Any individual, firm, or corporation submitting a bid br this
Project, acting directly or through a duly authorized representative.
1.2. Change Order: A written document ordering a change in the Contract
Price or Contract Time or a material change in the Work.
1.3. 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
lor 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 th is Contract.
1.4. City Commission: City Commission shall mean the governing and
legislative body of the City.
1.5. City Manager: City Manager shall mean the Chief Administrative Officer
of the City.
1.6. Consultant: Architect or Engineer who has contracted with City or who
is an employee of City, to provide professional services for this Project.
1.7. Contract: The part or section of the Contract Documents addressing
some of the rights and duties of the parties hereto, including but not
limited to contract time and liquidated damages.
1.8. Contract Documents Clarification: (Not Applicable)
1.9. Contract Administrator: The City's Contract Administrator shall mean
the individual appointed by the City Manager who shall be the City's
authorized representative to coordinate, direct, and review on behalf of
the City, all matters related to the Project.
BID NO: 02-01102 CITY OF MIAMI BEACH
DATE: 11/02/01 12
1.10. Contract Documents: The Project Manual including drawings (plans)
and specifications, the Notice for Bids, Addenda, if any, to the Project
Manual, the Bid Tender Form, the record of the award by the City
Commission, the Performance Bond and Payment Bond, the Notice of
Award, the Notice(s) to Proceed, the Purchase Order, Change Orders,
Field Orders, Supplemental Instructions, and any additional documents
the submission of which is required by this Project Manual, are the
documents which are collectively referred to as the Contract
Documents.
1.11. Contract Price: The original amount established in the bid submittal and
award by the City, as may be amended by Change Order.
1.12. Contract Time: The original time. between commencement and
completion, including any milestone dates thereof, established in
Article 2 of the Contract, as may be amended by Change Order.
1.13. Contractor: The person, firm, or corporation with whom the City has
contracted and who is responsible for the acceptable performance of
the Work and for the payment of all legal debts pertaining to the Work.
All references in the Contract Documents to third parties under contract
or control of Contractor shall be deemed to be a reference to
Contractor.
1.14. Field Order: A written order which orders minor changes in the Work but
which does not involve a change in the Contract Price or Contract Time.
1.15. Final Completion: The date certified by Consultant in the Final
Certificate of Payment upon which all conditions and requirements of
any permits and regulatory agencies have been satisfied; any
documents required by the Contract Documents have been received by
Consultant; any other documents required to be proVided by Contractor
have been received by Consultant; and to the best of Consultant's
knowledge, information and belief the Work defined herein has been
fully completed in accordance with the terms and conditions of the
Contract Documents.
1.16. Inspector: An authorized representative of Consultant or City assigned
to make necessary inspections of materials furnished by Contractor and
of the work performed by Contractor.
1.17. Materials: Materials incorporated in this Project, or used or consumed
in the performance of the Work.
BID NO: 02-01102 CITY OF MIAMI BEACH
DATE: 11/02/01 13
1.18. Notice(s) to Proceed: Written notice to Contractor authorizing. the
commencement of the activities identified in the notice or as described
in the Contract Documents.
1.19. Plans and/or Drawings: The official graphic representations of this
Project which are a part of the Project Manual.
1.20. Program Manager: URS. Eastern Financial Bulldina. Suite 1000. 700
South Ponclana Boulevard. Miami Springs. Florida 33166
1.21. Project: The construction project described in the Contract Documents,
including the Work described therein.
1.22. Project Initiation Date: The date upon which the Contract Time
commences.
1.23, Project Manual: The official documents setting forth bidding information
and requirements; contract form, bonds, and certificates; General and
Supplementary Conditions of the Contract Documents; the
specifications; and the plans and drawings of the Project.
1.24. Resident Project Representative: An authorized representative of
Consultant or Program Manager assigned to represent Consultant or
Program Manager on the Project.
1.25. Subcontractor: A person, firm a corporation having a direct contract
with Contractor including one who furnishes material worked to a
special design according to the Contract Documents. but does not
include one who merely furnishes Materials not so worked.
1.26. Substantial Completion: 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 or Certificate of
Completion must be issued for Substantial Completion to be achieved,
however, the issuance of a Certificate of Occupancy or Certificate of
Completion or the date thereof are not to be determinative of the
achievement or date of Substantial Completion.
1.27. Surety: The surety company or individual which is bound by the
performance bond and payment bond with and for Contractor who is
primarily liable, and which surety company or individual is responsible
for Contractor's satisfactory performance of the work under the contract
BID NO: 02-01/02 CITY OF MIAMI BEACH
DATE: 11/02/01 14
and for the payment of all debts pertaining thereto in accordance with
Section 255.05, Florida Statutes.
1.28. Work: The construction and services required by the Contract
Documents, whether completed or partially completed, and includes all
other labor, materials, equipment and services provided or to be
provided by Contractor to fulfill Contractor's obligations. The Work may
constitute the whole or a part of the Project.
BID NO: 02-01/02 CITY OF MIAMI BEACH
DATE: 11/01/01 15
00300. INSTRUCTIONS TO BIDDERS:
1. Examination of Contract Documents and Site: It is the responsibility of each
Bidder before submitting a Bid, to:
1.1. Examine the Contract Documents thoroughly,
1.2. Visit the site or structure 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 Contract
Documents, and
1.5. Carefully review the Contract Documents and notify Consultant of all
conflicts, errors or discrepancies in the Contract Documents 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 .Contract Documents and that the Contract Documents 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 Interpretations: 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 Contract Documents 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 Bidding 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: 02-01/02
DATE: 11/02/01
CITY OF MIAMI BEACH
16
3. Submitting Bids: All bids 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: Construction of the City of Miami Beach
Regional Library
BID/CONTRACT NO.: 02-01/02
4. Printed Form of Bid: All bids must be made upon the blank BidfTender Form
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 bids shall be accompanied by either an original bid bond
executed by a surety company meeting the qualifications for surety companies
as specified in Section 5, General Conditions, or by cash, money order, certified
check, cashier's check, Bid Guaranty Form, Unconditional Letter of Credit (Form
00410), treasurer's check or bank draft of any national or state bank (United
States), in the amount of $200,000.00, payable to City of Miami Beach, Florida,
and conditioned upon the successful Bidder executing the Contract and providing
the required 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
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
BID NO: 02-01102
DATE: 11/02/01
CITY OF MIAMI BEACH
17
date of bid opening by delivering written notice of withdrawal to the Purchasing
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 be considered 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. Evaluatiol't An interim performance evaluation of the successful Contractor 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. In either
situation, the completed evaluation(s) shall be forwarded to the City's
Procurement Director who shall provide a copy to the successful
CONTRACTOR. Said evaluation(s) may be used by the City as a factor in
considering the responsibility of the successful CONTRACTOR 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 Contract 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. Postoonement of Date for Presentina and Ooenina 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: Bids shall be considered only from firms normally
engaged in performing the type of work specified within the Contract Documents.
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
BID NO: 02-01/02
DATE: 11/02/01
CITY OF MIAMI BEACH
18
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.
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. Prevailino Waoe Rates: City of Miami Beach Ordinance No, 94-2960 provides
that in all non-federally funded construction contracts in excess of one million
dollars to which the City of Miami Beach is a party, the rate of wages and fringe
benefits, or cash equivalent, for all laborers, mechanics and apprentices
employed by any contractor or subcontractor on the work covered by the
contract, shall not be less than the prevailing rate of wages and fringe benefit
payments or cash equivalence for similar skills or classifications of work, as
established by the Federal Register, in the City of Miami Beach, Florida. The
provisions of this Ordinance shall not apply to the following projects:
a. water, except water treatment facilities and lift stations;
b. sewer, except sewage treatment facilities and lift stations;
c. storm drainage;
d. road constn,ction, except bridges or structures requiring pilings;
and
e. beautification projects, which may include resurfacing new curbs,
gutters, pavers, sidewalks, landscaping, new lighting, bus shelters,
bus benches and signage.
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
BID NO: 02-01/02
DATE: 11/02/01
CITY OF MIAMI BEACH
19
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
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 peiformance of any contract awarded to it.
16. "Or Eaual" Clause: Whenever a material, article or piece of equipment is
identified in the Contract Documents including plans and specifications by
reference to manufacturers' or vendors' names, trade names, catalog numbers,
or otherwise, City, through Consultant, will have made its best efforts to name at
least three (3) such references. Any such reference is intended merely to
establish a standard; and, unless it is followed by the words "no substitution is
permitted" because of form, fit, function and quality, 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 materials, article or equipment so proposed is, in the sole opinion of
Consultant, equal in substance, quality and function.
ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S
PROCUREMENT DIRECTOR, WHO SHALL FORWARD SAME TO
CONSULTANT.
BID NO: 02-01102
DATE: 11/02/01
CITY OF MIAMI BEACH
20
17. Protested Solicitation and Award: Bidders that are not selected may protest any
recommendations for Contract award by sending a formal protest letter to the
Procurement Director, which letter must be received no later than five (5)
calendar days after award by the City Commission. The Procurement Director
will notify the protester of the cost and time necessary for a written reply, and all
costs accruing to an award challenge shall be assumed by the protester. Any
protests received after five (5) calendar days from Contract award by the City
Commission will not be considered, and the basis or bases for said protest shall
be deemed to have been waived by the protester.
BID NO: 02-01/02
DATE: 11/02/01
CITY OF MIAMI BEACH
21
00400. BIDITENDER FORM:
Submitted: - December 21,2001
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 Contract Documents 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, toois. 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 entitied:
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
forfeited If Bidder falls to execute said Contract, or faUs to furnish the required
Performance Bond and Payment Bond or fails to fumish 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
any unit price listed In the bid Is to be multiplied by the stated quantity requirements in
order to arrive at the total.
BID NO: 02-01102
DATE: 11/02/01
CITY OF MIAMI BEACH
22
Acknowledgment is hereby made of the following addenda (identified by number)
received since issuance of the Project Manual:
Addendum 1 - November 16, 2001 Addendum 2 - November 19,2001
Addendum 3 - November 26. 2001 Addendum 4 - December 06. 2001
Addendum 5 - December 17. 2001 Addendum 6 - December 20. 2001
Attached is a Bid Bond [X]. Cash []. Money Order []. Unconditional Letter of Credit [].
Treasurer's Check [], Bank Draft []. Cashier's Check []. or Certified Check []
No. Bank of AIG Environmental Surety for
the sum of Two Hundred Thousand Dollars and Zero Cents Dollars
( $ 200.000.00 )
The Bidder shall acknowledge this bid by signing and completing the spaces provided
below.
Name of Bidder: The Tower Group, Inc. c/o Anthony J. Burke
City/State/Zip:
10145 Northwest 19th Street Miami, Florida 33172
Miami, Florida 33172
Telephone No.: 305-594-0240
Social Security
No. or Federal
1.0. No.: 65-0584540
Dun and
Bradstreet No.: 88-477-5834
(if applicable)
If a partnership. names and addresses of partners:
N/A
'1
. .
~> ..
i
BID NO: 02-01102
DATE: 11/02101
CITY OF MIAMI BEACH
23
;i..
(Sian below if not incoroorated)
WITNESSES:
(Sian below if incoroorated)
ATTEST:
Martin R. Salamida
(CORPORATE SEAL)
(Type or Print Name of Bidder)
(Signature)
(Type or Print Name Signed Above)
The Tower Group, Inc.
(Type or Print Name of Corporation)
Q
(Signature and Title)
Anthony J. Burke, C.E.O.
(Type or Print Name Signed Above)
Incorporated under the laws of the State of: Florida
BID NO: 02..()1102
DATE: 11/02/01
CITY OF MIAMI BEACH
24
00405. CITY OF MIAMI BEACH LICENSES. PERMITS AND FEES:
Pursuant to the Public Bid Disclosure Act, each license, permit or fee a Contractor 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:
[NOTE: List all City of Miami Beach licenses, permits and fees, and
the amount or percentage method of the licenses, permits and fees.]
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 (1 5) days of notification of intent to award.
2. Occupational licenses will be required pursuant to Chapter 205.065
Florida Statutes.
NOTE: !lIt the contractor is a State of Florida Certified Contractor the
followlna 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
4) Workers Compensation or the exemption
BID NO: 02-01/02
DATE: 11/02101
CITY OF MIAMI BEACH
25
STATE OF FLORIDA ., ,
DEPARTMENT OF nUSINESS AND PROFESSIONAL
CONST tNDUST~Y lTCENSINGBOARD
7960 ARLINGrON EXPRESSW~Y
STE 300 .
JACKSONVIllE FL 32211-7\67
REGULATION
(904) 727-b530
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BURKE, ANTHONY JOHN J~
THE TOWER GROUP TNC
10145 N W 19TH STREET
MIAMI FL '33172
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JE8 BUSH.
GOVERNOR
DISPLAY AS REQUIRED BY LAW
CYNTHIA'A. HENDERSON
'SECRETARY
- -........
343491-7
BUSINESS NAME I LOCATION
TO~ER GROUP INC THe
10145 NW 19 ST
33172 UNIN DADE COUNTY
PAYMl!tfT RlCEIYEO
MIAMI-DADE COUNtY TAll
COLLECTOR,
08/25/2001
021009240.0.1
000075.G~
SEE OTHER SIDE
FIRST-CLASS
U.S. POSTAGE
PAID
MIAMI, FL
PERMIT NO. 231
RENEWAL
UCENSENO. 358745-9
STATE nCGCA38309
CONTRACTOR.
WORKERS
5
OWNER
TOWER GROUP INC THE
SOC. Type of Business
196 GENERAL BUILDING
nas IS .,. OCCUPATIONAL
TAX ONLY. IT DOES NOT
PtRlIIT TIll! UCENSle TO
VIOLATE "IfY IXISTlHG
RIGUUTORY OR ZONING
LAWS Of' THI COUNTY OR
CITIES. NOlI DOES IT
EnWT '"I UC_IE
mOM AllY OTHER UC-..
OIl PERMIT AEOUlREO BY
LAW. THIS IS NOT A
<<"TIFICATION Of' '"I
LICENSIE'S au"UFICA.
liON.
DO NOT FORW ARC
TOWER GROUP INC THE
ANTHONY J 3URKE PRES
10145 NW 19 ST
MIAMI FL 33172
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DEPARTMENT OF
BUSINESS DEVELOPMENT
-
September 21, 2001
Ms. Kimberly S. 0' Connor
TIlE TOWER GROUP INC.
10145 N W 19 Street
Miami, FL 33172
RE: Affirmative Action Plan (No. 0097-0513)
Dear Ms. 0' Connor:
Your Affirmative Action Plan for 2001 - 2002 has been approved. A copy of your Declaration
of Policy is enclosed for display in a conspicuous location within your facility.
This approval is effective until September 30,2002. You should submit an updated plan to this
o nice thirty days prior to the expiration date. In the event of a change in the finn's name,
ddress, telephone number or dissolution of the firm, please notify this office. it
If you have any question, please contact Mrs. Maria Machado at the address or telephone number
indicated below.
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Department of Business Development Court House Center Building 175 NW First Avenue 28th Floor Miami, FL 33128
'. . Phone (305) 349-5960 Fax (305) 349-5915
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AFFIRMA TIVE ACTION POLICY
Declaration of Policy
It is the- affirmed policy of The Tower Group, Inc., to provide equal
employment opportunity to all applicants for employment and all current
employees regardless of race, color, sex, religion, national origin, age,
handicap, veteran status, and any other protected class. The objective of
The Tower Group's Affirmative Action Plan is to fuJly implement The
Tower Group's policies regarding equal employment and atI1J1Ilative
action in compliance with applicable federal, state, and local laws and
regulations as defined by the Miami Dade County Resolution No. 1049-
93, Ordinance 82-37, and Ordinance No. 98-30 amending Section 2-
10.4(5)(d) and Section 2-8.1.5 respectively of the Miami Dade County
Code.
The Tower Group's Affirmative Action Plan is a detailed, results-oriented
set of procedures designed to achieve prompt and full utilization of all
minorities with particular emphasis on improving the minorl!Y workforce
population and the utilization of all Minority professional firms,
consultants and/or suppliers.
~ J. Burke
CEOlPresident
~~~f Z\.2co1
Date
Mid/Lf L
Affirmative Action Officer
q/ZIJ,,(
/ Dale
.
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f/71;1/
Corporate Headquarters. 101<45 NW 19th Street. Miami, Florida 33172. Tel: 305-594-0240. Fax: 305.59.1-?774
9440 Philips Highwoy . Suite 5 . Jadcsonville, Florida 32256 . Tel: 904.737-6639 · Fax: 904.733-1632
00407. SCHEDULE OF PRICES BID:
Consideration for Indemnification of CITY
$25.00
[Xl
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 38. Section 00540, to be considered
responsive.]
BID NO: 02-01102
DATE: 11/02/01
CITY OF MIAMI BEACH
26
00410. BID GUARANTY FORM
UNCONDITIONAL LETTER OF CREDIT:
Date of Issue
Issuing Bank's No.
Beneficiarv:
Applicant:
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
at
(Bank, Issuer name)
by order of and for the account
(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: 02-01102
DATE: 11/02/01
CITY OF MIAMI BEACH
27
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: 02-01102
DATE: 11/02/01
CITY OF MIAMI BEACH
28
00500. SUPPLEMENT TO BIDITENDER FORM:
THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE BID,
HOWEVER, ANY 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?
License/Certification/Registration
CGCA38309
# Years
1995
/
1A. What business are you in? General Contractor
2. What is the last project of this nature that you have completed?
SunTrust Bank - Key Biscayne, FL I Dole Fresh Flowers - Doral, FL I
The Parrot Jungle and Gardens - Watson Island, Florida (Currently Under Construction)
3. Have you ever failed to complete any work awarded to you? If so, where and
why?
No, The Tower Group has never failed to complete any work awarded.
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, whether or not a claim was
made.
Never. under any circumstance has our surety ever needed to intervene with any project.
BID NO: 02-01102
DATE: 11/02/01 (Amended 10/2101)
CITY OF MIAMI BEACH
29
4. Give names, addresses and telephone numbers of three individuals, corporations,
agencies, or institutions for which you have performed work:
Mr. Ronald Krongold Esq. 201 Alhambra Circle, 8th Floor
4.1. Gold Krown Dev. Coral Gables, Florida 33131 305-446-3033
(name) (address) (phone #)
Mr, Greg Bauer 2791 Peterson Place
4.2. Prolog is Trust Norcross, Georgia 30071 770-246-6600
(name) (address) (phone #)
Mr. Paul Douglas 8725 Northwest 18th Terrace, #206
4.3. Douglas Dev Group Miami, Florida 33126 305-594-7730
(name) (address) (phone #)
5. List the following information concerning all contracts in progress as of the date of
submission of this bid. (In case of co-venture, list the information for all
co-venturers. )
NAME OF
PROJECT
OWNER &
PHONE #
TOTAL DATE OF
CONTRACT COMPLETION
VALUE PER CONTRACT
%OF
COMPLETION
TO DATE
SEE ATTACHED INFORMATION
(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, project site has been inspected, reviewed and a performance
plan has been developed.
..
Will you subcontract any part of this work? If so, give details including a 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.
--132YArli E"L-F"L nK .. ELCCTeltwC "/rial<. J".\~ j .:1: A. M. 5;-/ct...t
"1'lo /7 ",
Cl i) : L 1);:::,2<:.. . ~,l C.l''lk:.i2~ f~ ~'\.2...IL
, ,
BID NO: 02-01102
DATE: 11/02/01
CITY OF MIAMI BEACH
30
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?
Generators, Welders, Scaffolding, Lighting, Scissor Lifts, Snorkel Lift (60 ft)
Concrete Saws, Compressors, Various Small Tools, Lasers, Fully Equipped Painting
Division and Interior Finishing Division, Storage Containers. Compactors, Vibrators,
Safety Equipment
9. What equipment will you purchase for the proposed work?
Minor Miscellaneous Hand Tools (Hammers, Drills, Saws, ete...)
10. What equipment will you rent for the proposed work?
Field Office Facility and Administrative Equipment needed for Field Office
Backhoes, Scaffolding, Hi-Lifts, Cranes, Generators, Core Drills, Pumps and
Other Miscellaneous Tools and Equipment
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.
The Project Manager intended to run this project will be Mr. John Zak
and the proposed Superintendent is Mr. Bill Braun. Resumes' are attached for
both individuals for your review.
BID NO: 02-01/02
DATE: 11/02/01
CITY OF MIAMI BEACH
31
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 - The Tower Group, Inc.
12.2 The business is a (Sole Proprietorship) (Partnership) (Corporation).
Corporation
12.3 The address of principal place of business Is
10145 Northwest 19th Street Miami, Florida 33172
12.4 The names of the corporate officers, or partners, or individuals doing
business under a trade name, are as follows:
Mr. Anthony J. Burke, President and C.E.O,
Mr. Gil J. Nehamkin, Vice-President and C.O.O.
Mr. Martin R. Salamida. Secretary and Executive Director
12.5 List all organizations which were predecessors to Bidder or in which the
principais or officers of the Bidder were principals or officers.
The Adler Group - Predecessor I Anthony Burke and GiI Nehamkin
MA Construction - Predecessor I Martin Salamida
BID NO: 02-01102
DATE: 11/02101
CITY OF MIAMI BEACH
32
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.
Not applicable - There have never been any bankruptcy petitions
(voluntary or involuntary) for this firm.
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).
/
Not applicable - There have never been any Performance or Payment Bond claims
filed against this firm.
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 number_. 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.
The Tower Group has never been involved in any claims, arbitration. administrative
hearings and or lawsuits brought by or against this firm.
BID NO: 02-01102
DATE: 11/02101
CITY OF MIAMI BEACH
33
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.
Not applicable
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.
Not applicable
12.1 1. Under what conditions does the Bidder request Change Orders.
In the event of unforseeable or undetermined Field Conditions, we will require
appropriate Change Order(s). Additionally, should the Owner increase or decrease the
Scope of Work in either materials or construction duration, we would require
a Change Order(s). These changes can either be deductive or additive sums.
BID NO: 02-01102
DATE: 11/02/01
CITY OF MIAMI BEACH
34
ITHE
I rOWER
GROU~c
, Supplement To Bid Tender Form
Questionnaire
---. u Response To Item #S -..--.--.----
The Tower Group, Inc.
I
. Schedule of Constnlction in Pro2ress As of October 31, 2001
Contract ! 0/0
i Desrrintlnn Amount Cmolt
,
1 :DCPBI~C 4,121,347 i 61.0%
2 :DCPBI~D 3,654,000 i 0.6%
3 !V.P. BIlla A & B 4,437.000 i 0.0%
4 i 5th and Lenox 4,800,000 I 73.4%
5 ParrolJllR2le 28,000.000 ! 13.7%
6 icauscwav Corp. Centre 3,485,649 77.3%
7 ,Rowland Coffee I 2,020,226 ' 33.0%
8 iFCCJ P_;"o r""",oe 3,475,396 95.2%
;
9 ! Kendall 1 00 3,862, 584 97.5%
i
10 Leasa Industries _. 3 834,048 1.3%
11 Tech Data 13,000,000 10.4%
12 Sunwcst Bldi! A 3,279,369 0.0%
13 CateroiDar 2 560,925 85.3%
14 Dole Fresh FIowen 19,000,000 82.1%
15 Centerport Electric Room 20,000 , 3.5%
16 I Kevstone SIOl'lll.e 1,447.000 ! 81.1%
17 i KOVSlone Plaza -- 4,131,000 ; 18.8%
18 School "X. - 6.971,000 : 16.5%
19 ! Flemin2 IsaInd Hi2h School , 22,669,000 5.9%
20 iE\omenbry School"Y" 6,720,000 ; I'U%
! 4,499 000 0.2%
21 Sheridan Corp. Centre
22 HeIImm West 555,000 58.6%
23 fCP RellIiI Pla2lI 3,261,971 9.4%
24 MIA Shoos 3,000,000 6.7%
25 Buildirur 100 POI1 '95 3.600 000 0.0%
26 2.921,231 0.9%
27 Ponier 2400,000 0.0%
21 JBA SubItation 2.269,000 0.0%
29 Rccall 289.011 0.1%
30 Seneca BuildiDR "L " 2.067031 0.0%
Total
r
ITHE
I rOWER
GROUP.c
CHARLES W. BRAUN
Superintendent
Bill Braun, Proficient in all areas of a superintendent/project manager
responsibility, which include the following: Review of plans and spec,
scheduling all sub-contractors and suppliers. Obtaining all required permits and
inspections needed per project and material procurement. Coordination
between architect, engineer, subs and owners. Initiating/authorizing changes
orders. compiling RFllogs, operation and maintenance manuals, maintaining job
sites and employees meet OSHA safety standards.
In his current position he is responsible for project scheduling, shop drawing
review, project layout, coordination of the various trades and subcontractors for
the project. He is responsible for all field conditions of a project from the
foundations to the roof.
EXPERIENCE:
2000 - Present The Tower Group Inc. - Superintendent - responsible for the
overall field coordination of various projects.
2000 -1997 Orange Construction, Orlando; FL - Superintendent constructed
106,000 sf storage facility. Responsible for all phases of
construction. site clearing, roadways, infrastructure and
underground utilities. Project Manager, Supervised construction
of storage facility in Cape Coral, Merritt Island and Davie Florida.
1997 -1996 Bradley Construction, Clearwater, FL - Superintendent for six (6)
buildings, 80,000 sf for Handy Storage. Prior to Handy Storage,
superintendent for the remodeling of 12 apartments (Sierra
Apartments).
1996 -1987 Self Employed - Natures Edge, Port St. Lucie, General
Contractor for 12,000 sf ALF - Harbor Ridge, Palm City, Sub-
contractor for single family and multi-family multiple floor
condominiums; responsible for all phases of rough framing and
exterior trim - Concrete Restoration and Waterproofing, General
Contractor, Multi-story condominium.
eDUCATION:
State Certified General Contractor
Indian River Community College
ITHE
I rOWER
GROUP.c
JOHN B. ZAK
PROJECT MANAGER
EXPERIENCE:
Mr. Zak began his professional career 22 years ago as a construction engineer handling
estimating, scheduling and procurement for a design/build contractor. Over the years, he
has continued his involvement in the construction industry with a focus on his engineering
background. His diverse experience includes, but is not limited to plant manager, operations
manager, estimating, scheduling, procurement, contract administration, production planning
and safety program administration.
Currently, his responsibilities focus on the overall management of various projects. His daily
responsibilities include project scheduling, coordination of all vendors, procurement of
materials, review of submitted data, monthly invoicing and reporting to owners on the
progress of the project, and safety program director.
Mr. Zak is a certified welding inspector and is actively involved with the Sigma Delta
Professional Fraternity and the American Welding Society. This diverse involvement has
given him a first hand understanding for the entire scope of assorted types of projects.
1998 - Present
The Tower Group Inc. - Project Manager, responsible for overall
coordination of the projects and Safety Program Director,
responsible for program procedures and administration.
Steel Fabricators - Project Manager/Quality Assurance Manager &
CWI, responsible for project coordination involving engineering,
contract administration, estimating, sales, shop and field operations
of commercial, industrial and highway projects.
1990 ~ 1998
1986 -1989
American Underground Engineering - Vice President, responsible
for administration, financial, sales, estimating and overall office and
field operations involved in heavy highway and industrial projects.
Jones and Brown Co. - EngineerlManager, responsible for project
coordination production and planning, and contract administration.
Allied Structural Steel - Project ManagerlEngineer responsiblefor
estimating, scheduling procurement, engineering and contract
administration.
1985 -1986
1980 -1985
19n -1980
Chapple West, Inc.- Construction Engineer, responsible for
estimating, scheduling and procurement for design/build projects.
EDUCATION:
Illinois Institute of Technology - Chicago, IL B.S.C.E.
00520.
SUPPLEMENT TO BIDITENDER FORM
NON-COLLUSION CERTIFICATE
THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO
BE DEEMED RESPONSIBLE.
Submitted this 21 st day of December
,2001.
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 jf 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 MJami Beach, Florida, for the performance of all requirements to
which the Bid pertains.
The Bidder states that this Bid is based upon the documents identified by the following
number: Bid No. ITB-Q2-0-2001/RM
Anthony J. Burke
PRINTED NAME
C.E.O. / President
TITLE (IF CORPORATION)
BID NO: 02-01102
DATE: 11/02/01
CITY OF MIAMI BEACH
35
00530. SUPPLEMENT TO BID TENDER 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 for drug abuse violations
occurring in 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
subdivision (4) (ii) above. from an employee or otherwise receiving actual notice of
such conviction. The notice shall include the position title of the employee;
810 NO: 02-01102
DATE: 11/02101
CITY OF MIAMI BEACH
36
(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(l) through (6).
'"
Anthony J. Burke. C.E.O.
(Print Vendor Name)
STATE OF Florida
COUNTY OF Miami-Dade
The foregoing instrument was acknowledged before me this 21st day of
December ,20.Q!... I by Anthony J. Burke as
(name of person whose signature is being notarized)
President and C.E.O. (title) of The Tower Group. Inc.
(name of corporation/company)
known to me to be the person described herein, or who produced personally known as
identification, and who did/did not take an oath.
NOTARY PUBLIC:
Jennifer Enos
(Print Name)
My commission expires: 06/2212005
BID NO: 02-01102
DATE: 11/02/01
CITY OF MIAMI BEACH
37
00540. SUPPLEMENT TO BIDITENDER FORM
TRENCH SAFETY ACT
THIS FORM MUST BE SUBMITTED WITH BID FOR BID TO BE DEEMED
RESPONSIVE.
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. 1 926.650, 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
CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED
ADDITIONAL WORK.
The Bidder further identified the costs and methods summarized below:
Excavation
Quantity Unit
Unit Price Price
Lump Sum $1,500. $1,500.
Extended Method
Description
$1,500. Sloping
Total $ $1,500.00
~
14
I
BID NO: 02-01102
DATE: 11/02/01
CITY OF MIAMI BEACH
38
IN ORDER TO BE CONSIDERED RESPONSIVE. THE BIDDER MUST COMPLETE
THIS FORM, SIGN AND SUBMIT IT WITH ITS BID DOCUMENT.
The Tower Group. Inc. c/o Anthony J. Burke
Name of CIder
.COMPLETION REQUIRES FILLING IN THE APPROPRIATE DETAILS UNDER THE
HEADINGS. l.e., DESCRIPTION. UNIT. QUANTITY PRICE. UNIT PRICE.
EXTENDED, AND METHOD.
BID NO: 02-01/02
DATE: 11/02/01
CITY OF MIAMI BEACH
39
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.
BID NO: 02-01102
DATE: 11/02/01
CITY OF MIAMI BEACH
40
00600. CONTRACT
CONTRACT
THIS IS A CONTRACT, by and between the City of Miami Beach, a political
subdivision of the State of Florida, hereinafter referred to as CITY, and THE TOWER
GROUP. INC.. hereinafter referred to as CONTRACTOR.
WIT N E SSE T H, that CONTRACTOR and CITY, for the considerations
hereinafter named, agree as follows:
ARTICLE 1
SCOPE OF WORK
CONTRACTOR hereby agrees to fumish all of the labor, materials, equipment
services and incidentals necessary to perform all of the work described in the Contract
Documents and related thereto for the Project.
ARTICLE 2
CONTRACT TIME
2.1 CONTRACTOR shall be instructed to commence the Work by written instructions
in the form of a Standing Order issued by the City's Procurement Director and a
Notice to Proceed issued by the Contract Administrator. Two (2) Notices to
Proceed will be issued for this Contract. CONTRACTOR 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 Notice to Proceed and Purchase
Order will not be issued until CONTRACTOR's submission to CITY of all required
documents and after execution of the Contract by both parties.
2.1.1. The receipt of all necessary permits by CONTRACTOR 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 a second Notice to Proceed to mobilize on
the Project site and commence with physical construction work.
2.2 Time is of the essence throughout this Contract. The Work shall be substantially
completed within Four-Hundred Twenty Six (426) calendar days from the
Project Initiation Date specified in the Notice to Proceed, and completed and
ready for final payment in accordance with Article 5 within Thirty (30) calendar
BID NO: 01-01/01
DATE: 11/01/01
CITY OF MIAMI BEACH
41
ready for final payment in accordance with Article 5 within Thirty (30) calendar
days from the date certified by CONSULTANT as the date of Substantial
Completion.
2.3 Upon failure of CONTRACTOR to substantially complete the Contract within the
specified period of time, plus approved time exten~i<?r~,SONTRACTOR shall
pay to CITY the sum of One-Thousand Dollars ($~:ilt~p:~tg) for each calendar
day after the time specified in Section 2.2 above, plus any approved time
extensions, for Substantial Completion. After Substantial Completion should
CONTRACTOR fail to complete the remaining work within the time specified in
Section 2.2 above, plus approved time extensions thereof, for completion and
readiness for final paY!!l~l)t~ 90NTRACTOR shall pay to CITY the sum of One-
Thousand Dollars ($!~Ii,II,QHQI) for each calendar day after the time specified in
Section 2.2 above, plus any approved extensions, for completion and readiness
for final payment. 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 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 CONTRACTOR to
complete the Contract on time.
The above-stated liquidated damages shall apply separately to each portion of
the Project for which a time for completion is given.
2.4 CITY is authorized to deduct liquidated damages from monies due to
CONTRACTOR for the Work under this Contract or as much thereof as CITY
may, in its sole discretion, deem just and reasonable.
2.5 CONTRACTOR shall be responsible for reimbursing CITY, in addition to
liquidated damages. for all costs incurred by CONSULTANT in administering the
construction of the Project beyond the completion date specified above, plus
approved time extensions. CONSULTANT construction administration costs
shall be pursuant to the contract between CITY and CONSULTANT, a copy of
which is available upon request of the Contract Administrator. All such costs
shall be deducted from the monies due CONTRACTOR for performance of Work
under this Contract by means of unilateral credit change orders issued by CITY
as costs are incurred by CONSULTANT and agreed to by CITY.
2.6 SAVINGS - City and Contractor recognize that both parties will benefit financially
should the Project be completed prior to the contract time specified in Paragraph
2.2 of the Contract (Agreement). Accordingly, for each calendar day that the
contract work is accepted by the City prior to the contract time specified for
Substantial Completion in Paragraph 2.2 of the One-Thousand ($1,000.00)
BID NO: 02-01/02
DATE: 11/02/01
CITY OF MIAMI BEACH
42
Dollars a day up to a maximum of 30 days ($30,000.00 max). Such payment will
be made after final acceptance in accordance with Section Article 5. The
liquidated savings payment amount represents a reasonable estimate of the
City's savings for inspection, engineering services and administrative costs
realized from early completion.
BID NO: 02-01102
DATE: 11/02/01
CITY OF MIAMI BEACH
43
ARTICLE 3
THE CONTRACT SUM
(] This is a Unit Price Contract:*
3.1 CITY shall pay to CONTRACTOR the amounts determined for the total number
of each of the units of work completed at the unit price stated in the schedule of
prices bid. The number of units contained in this schedule is an estimate only,
and final payment shall be made for the actual number of units incorporated in or
made necessary by the Work covered by the Contract Documents.
3.2 Payment shall be made at the unit prices applicable to each integral part of the
Work. 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 Contract Documents. The cost
of any item of work not covered by a definite Contract unit price shall be included
in the Contract unit price or lump sum price to which the item is most applicable.
[X] This is a Lump Sum Contract:*
3.1 CITY shall pay to CONTRACTOR for the performance of the Work described in
the Contract Documents, the total price stated as awarded.
3.2 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
compl~tion 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.
*Note: Some Projects include both unit prices and lump sums in which case both
sections shall apply to the Work identified for each type of Contract.
ARTICLE 4
PROGRESS PAYMENTS
4.1 CONTRACTOR may make Application for Payment for work completed during
the Project at intervals of not more than once a month. CONTRACTOR's
application 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 CONSULTANT. CONTRACTOR shall include,
but same shall be limited to, at Consultant's discretion, with each Application for
Payment, an updated progress schedule acceptable to CONSULTANT as
BID NO: 01-01101
DATE: 11/01/01
CITY OF MIAMI BEACH
44
required by the Contract Documents and a release of liens and consent of surety
relative to the work which is the subject of the Application. Each Application for
Payment shall be submitted in triplicate to CONSULTANT for approval. CITY
shall make payment to CONTRACTOR within thirty (30) days after approval by
CONSULTANT of CONTRACTOR's Application for Payment and submission of
an acceptable updated progress schedule.
4.2 Ten percent (10%) of all monies earned by CONTRACTOR shall be retained by
CITY until Final Completion and acceptance by CITY in accordance with Article 5
hereof, except that after ninety percent (90%) of the Work has been completed,
the Contract Administrator may reduce the retainage to five percent (5%) of all
monies previously earned and all monies earned thereafter. Any reduction in
retainage shall be in the sole discretion of the Contract Administrator, shall be
recommended by CONSULTANT and CONTRACTOR shall have no entitlement
to a reduction. Any interest earned on retainage shall accrue to the benefit of
CITY. All requests for retainage reduction shall be in writing in a separate stand
alone document.
4.3 CITY may withhold, in whole or in part, payment to such extent as may be
necessary to protect itself from loss on account of:
4.3.1 Defective work not remedied.
4.3.2 Claims filed or reasonable evidence indicating probable filing of claims
by other parties against CONTRACTOR or CITY because of
CONTRACTOR's performance.
4.3.3 Failure of CONTRACTOR to make payments properly to Subcontractors
or for material or labor.
4.3.4 Damage to another contractor not remedied.
4.3.5 Liquidated damages and costs incurred by CONSULTANT for extended
construction administration.
4.3.6 Failure of CONTRACTOR to provide any and all documents required by
the Contract Documents.
When the above grounds are removed or resolved satisfactory to the Contract
Administrator, payment shall be made in whole or in part.
BID NO: 02-01102
DATE: 11/02/01
CITY OF MIAMI BEACH
4S
ARTICLE 5
ACCEPTANCE AND FINAL PAYMENT
5.1 Upon receipt of written notice from CONTRACTOR that the Work is ready for
final inspection and acceptance, CONSULTANT shall, within ten (10) calendar
days, make an inspection thereof. If CONSULTANT and Contract Administrator
find the Work acceptable, the requisite documents have been submitted and the
requirements of the Contract Documents fully satisfied, and all conditions of the
permits and regulatory agencies have been met, a Final Certificate of Payment
(Form 00926) shall be issued by CONSULTANT, over its signature, stating that
the requirements of the Contract Documents have been performed and the Work
is ready for acceptance under the terms and conditions thereof.
5.2 Before issuance of the Final Certificate for Payment, CONTRACTOR stall
deliver to CONSULTANT a complete release of all liens arising out of this
Contract, receipts in full in lieu thereof; an affidavit certifying that all suppliers and
subcontractors have been paid in full and that all other indebtedness connected
with the Work has been paid, and a consent of the surety to final payment; the
final corrected as-built drawings; and the final bill of materials, if required, and
invoice.
5.3 If, after the Work has been substantially completed, full completion thereof is
materially delayed through no fault of CONTRACTOR, and CONSULTANT so
certifies, CITY shall, upon certificate of CONSULTANT, and without terminating
the Contract, make payment of the balance due for that portion of the Work fully
completed and accepted. Such payment shall be made under the terms and
conditions governing final payment, except that it shall not constitute a waiver of
claims.
5.4 Final payment shall be made only after the City Manager or his designee has
reviewed a written evaluation of the performance of CONTRACTOR prepared by
the Contract Administrator, and approved the final payment. The acceptance of
final payment shall constitute a waiver of all claims by CONTRACTOR, except
those previously made in strict accordance with the provisions of the General
Conditions and identified by CONTRACTOR as unsettled at the time of the
application for final payment.
ARTICLE 6
MISCELLANEOUS
6.1 This Contract is part of, and incorporated in, the Contract Documents as defined
herein. Accordingly, all of the documents incorporated by the Contract
Documents shall govern this Project.
BID NO: 02-01/02
DATE: 11/02/01
CITY OF MIAMI BEACH
46
6.2 Where there is a conflict between any provision set forth within the Contract
Documents and a more stringent state or federal provision which is applicable to
this Project, the more stringent state or federal provision shall prevail.
6.3 Public Entity Crimes
In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a
person or affiliate who is a contractor, consultant or other provider, who has been
placed on the convicted vendor list following a conviction for a public entity crime
may not 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 by Contractor shall result in cancellation of the CITY purchase and
may result in Contractor debarment.
6.4 Independent Contractor
CONTRACTOR is an independent contractor under this Contract. Services
provided by CONTRACTOR pursuant to this Contract shall be subject to the
supervision of CONTRACTOR. In providing such services, neither
CONTRACTOR nor its agents shall act as officers, employees, or agents of the
CITY. This Contract shall not constitute or make the parties a partnership or joint
venture.
6.5 Third Party Beneficiaries
Neither CONTRACTOR nor CITY intend to directly or substantially benefit a third
party by this Contract. Therefore, the parties agree that there are no third party
beneficiaries to this Contract and that no third party shall be entitled to assert a
claim against either of them based upon this Contract. The parties expressly
acknowledge that it is not their intent to create any rights or obligations in any
third person or entity under this Contract.
6.6 Notices
Whenever either party desires to give notice to the other, such notice must be in
writing, sent by certified United States Mail, postage prepaid, return receipt
requested, or by hand-delivery with a request for a written receipt of
acknowledgment of delivery, addressed to the party for whom it is intended at the
place last specified. The place for giving notice shall remain the same as set
BID NO: 02-01/02
DATE: 11/02/01
CITY OF MIAMI BEACH
47
forth herein until changed in writing in the manner provided in this section. For
the present, the parties designate the following:
For CITY:
Attn: Gus Lopez, Procurement Director
City of Miami Beach Procurement Division
1700 Convention Center Drive, 3rd Floor
Miami Beach, Florida 33139
With copies to:
City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
For Contractor:
Mr. Anthony J. Burke, President
The Tower Group, Inc.
10145 NW 19th Street
Miami, FL 33172
6.7 Assianment and Performance
Neither this Contract nor any interest herein shall be assigned, transferred, or
encumbered by either party. In addition, CONTRACTOR shall not subcontract
any portion of the work required by this Contract except as authorized by Section
27 of the General Conditions. CONTRACTOR represents that all persons
delivering the services required by this Contract have the knowledge and skills,
either by training, experience, education, or a combination thereof, to adequately
and competently perform the duties, obligations, and services set forth in the
Scope of Work and to provide and perform such services to CITY's satisfaction
for the agreed compensation.
CONTRACTOR shall perform its duties, obligations, and services under this
Contract in a skillful and respectable manner. The quality of CONTRACTOR's
performance and all interim and final product(s) provided to or on behalf of CITY
shall be comparable to the best local and national standards.
BID NO: 01-01/01
DATE: 11/01/01
CITY OF MIAMI BEACH
48
6.8 Materialitv and Waiver of Breach
CITY and CONTRACTOR agree that each requirement, duty, and obligation set
forth in these Contract Documents is substantial and important to the formation of
this Contract and, therefore, is a material term hereof.
CITY's failure to enforce any provision of this Contract shall not be deemed a
waiver of such provision or modification of this Contract. A waiver of any breach
of a provision of this Contract shall not be deemed a waiver of any subsequent
breach and shall not be construed to be a modification of the terms of this
Contract.
6.9 Severance
In the event a portion of this Contract is found by a court of competent jurisdiction
to be invalid, the remaining provisions shall continue to be effective unless CITY
or CONTRACTOR elects to terminate this Contract. An election to terminate this
Contract based upon this provision shall be made within seven (7) days after the
finding by the court becomes final.
6.10 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
lie in Miami-Dade County, Florida. By entering Into this Contract,
CONT~CTOR and CITY hereby 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. CONTRACTOR, shall specifically bind all subcontractors to the
provisions of this Contract.
6.11 Amendments
No modification, amendment, or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document prepared with
the same or similar formality as this Contract and executed by the Board and
CONTRACTOR.
6.12 Prior Aoreements
This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and 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 Contract that
are not contained in this document. Accordingly, the parties agree that no
deviation from the terms hereof shall be predicated upon any prior
BID NO: 02-01/02
DATE: 11/02/01
CITY OF MIAMI BEACH
49
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 set forth in writing in accordance with Section
6.11 above.
IN WITNESS WHEREOF, the parties have set their hands and seals the day and
year first above written.
A~6 ~~
City Clerk
THE CITY OF MIAMI BEACH
~V;)"~ ~ VI~ ~
V(~- Mayor ~
CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE
CORPORATION OR NONCORPORA TION FORMAT, AS APPLICABLE.
[If incorporated sign below.]
ATTEST:
By:
CONTRACTOR
~ T"w~r 6.'6~;Tn c..
(N70f CorporatiCfn) I
~gnature)
J,,7J/.i/f'1 V, Bt<< r Ie ~ -,
(P~i~t Name and Title)
I t1'- day of AI' i L , 20 II z..
,
(Corporate Seal)
[If not incorporated sign below.]
CONTRACTOR
WITNESSES:
By:
(Name of Firm)
(Signature)
(Print Name and Title)
APPROVED AI TO
FORM a. LANGUAGI _ day of , 20 .
. FOR EXECUTION
CITY QUIRES FIVE (5) FULL V-EXECUTED CONTRACTS, FOR DISTRIBUTION.
;l- ~-() V CITY OF MIAMI BEACH
so
~;.'IIIi;jli1lll!l:i
00708. FORM CERTIFICATE OF INSURANCE
A form Certificate of Insurance will be attached here.
BID NO: 02-01102
DATE: 11/02/01
CITY OF MIAMI BEACH
51
r
04/1Cl/2002 16:50 FAX 305 994 2159
UNITED ENGINEERING CORP.
I4J 002
00710. FORM OF PERFORMANCE BOND
Bond No. ESD7313121
BY THIS BOND, We _ The Tow=:..-Group, I~___
, as
Principal. hereinafter called CONTRACTOR, and
National Union Fire Insurance Co.
of pi rr!'lhl1T~b.,.- '?~ _, as Surety, are bound to the City of Miami
Beach, Florida, as Obligee, hereinafter called CITY. in the amount of
Seven Millinn One Hundred Ninety-Five Xhousand .
,.Sixtv-Nine LHu.i.OQ-__ UolJars (:5.1,19'5.0.6..2._) for the payment whereof
CONTRACTOR and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally.
WHEREAS. CONTRACTOR has by written agreement entered into a Contract,
Bid/Contract No.: 02-01/~_, awarded the 10th day of
_.-Apd 1 _. 20~, with CITY which Contract Documents are by reference
incorporated herein and made a part hereof, and specifically include provision for
liquidated damages, and other damages identitied,and for the purposes of this Bond
are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if CONTRACTOR:
1. Performs the Contract between CONTRACTOR and CITY for construction of
City of Miami Beach Regj,Q,w.l, Librarv , 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
CONTRACTOR under the Contract; and
I
BID NO: 01-01/02
DATE: 11/02/01
CITY Of MIAMlI3EACH
52
,.
~
UNI~n ~NG!NEERING CORP.
04/10/2002 16:51 F~t 305 994 2159
raJ 003
FORM OF PERFORMANCE BOND
(Continued)
3. Performs the guarantee of aU 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 CONTRACTOR 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 Documents: or
3.2.
..
Obtain a bid or bids for completing the Project in accordance with the
terms and conditions' of the Contract Documents, 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 th"e first paragraph
hereof. The term "balance of the Contract Price," as used in this
paragraph. shall mean the total amount payable by CITY to
CONTRACTOR under the Contract and any amendments thereto. less
the amount properly paid by CITY to CONTRACTOR.
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 Documents 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 _!!!!l- day of _~"pri.!-______. 20-9L.
BID NO: 02-01102
DATE; J J/Ol/Ol
CITY OF MIAMI BEACH
53
04/10/2002 16:51 FAX J05 994 2159
UNITED ENGINEERING CORP.
~004
FORM OF PERFORMANCE BOND
IN THE PRESENCE OF:
BID NO: 02-01/01.
DATE: 11102/01
(Continued)
~E~_Tower G~~up, Inc.
(Name Corporation)
By:
ignature)
~:lton.... ~~_Q~~.'O.
(Print~nd Title)
JNSURANCE COMPANY:
Nationa~ Union Fire Insurance Co.
of Pit~S h, PA ,
By: _ IJU--
Agent and A torney-in-Fact
Charles J. Nielson
Address: 5979 NW 151 St., Ste 105
(Street)
Miami La1res, FL 1.IQ~____
(City/State/Zip Code)
Telephone No.: 305-~~00__
CITY 011 MJAJ\-n BEACH
S4
American Home Assurance Company
National Union Fire Insurance Company of Pittsburgh, Pa.
Principal Bond Office: 70 Pine Street, New York, NY 10270
POWER OF ATTORNEY
No. 10-8-34863
KNOW ALL MEN BY THESE PRESENTS:
That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa.,
a Pennsylvania corporation, does each hereby appoint
---Charles J. Nielson, Charles D. Nielson, Warren M. Alter, Mary C. Aceves,
Gloria McClure; Laura L. Clymer, John Barnes: of Miami Lakes, Florida ---
its true and lawful Attomey(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other
contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the respective
company thereby.
IN WITNESS WHEREOF, American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa.
have each executed these presents
'j~....u~\;
f :'
. ~J
~tID.'III:.
this 24th day of July, 2001.
STATE OF NEW YORK }
COUNTY OF NEW YORK }ss.
On this 24th of!!!!y, 2001, before me came the above-
named officer of American Home Assurance Company and National
Union Fire Insurance Company of Pittsburgh, Pa., to me personally
known to be the individual and officer described herein, and
acknowledged that he executed the foregoing instrument and affixed
the seals of said corporations thereto by authority of his office.
CERTIFICATE
Excerpts of Resolutions adopted by the Boards of Directors of American Home Assuran~e Company and National Union Fire Insurance Company of
Pittsburgh, Pa. on May 18, 1976:
"RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys-in-Fact to
represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings
obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business;
"RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to
any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing
obligatory in the nature thereof;
"RESOLVED, that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such
certification the date thereof, said date to be not later than the date of delivery thereof by such Attorney-in-Fact."
I, Elizabeth M. Tuck, Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh, Pa. do
hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations, and the Powers of Attorney
issued pursuant thereto, are true and correct, and that both the Resolutions and the Powers of Attorney are in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation
Elizabeth M. Tuck, Secretary
this / I#-. day of
,~/.
.",~
65166 (4/99
COLLINSWORTH, ALTER, NIELSON, FOWLER & DOWLING, INC.
BOND DEPARTMENT
PUBLIC WORKS BOND
IN COMPLIANCE WITH FLORIDA STATUTES 155.05 (1) (a)
Bond No
ESD7313121
Contractor Name
The Tower Group, Inc.
Contractor Address
10145 NW 19 St., Miami, FL 33172
305-594-0240
Contractor Phone No.
Surety Company
National Union Fire Insurance Co. of Pittsburgh, PA
Surety Address
70 Pine St, New York, NY 10270
Surety Phone No.
212-770-7000
Owner Name
City of Miami Beach, Florida
Owner Address
1700 Convention Center Dr., Miami Beach, FL 33139
Owner Phone Number
305-673-7485
Obligee Name
(If contracting entity is different from the owner, the contracting public entity)
Obligee Address
Obligee Phone No.
Contract No..( If Applicable)
02-01/02
Project Name
City of Miami Beach Regional Library
227 22nd St., Miami Beach, FL 33139
Project Location
Legal Description and Street Address
Lots 1 through 12 inclusive, less the Northerly 10.00 feet of
Lots 1,3,5,7,9 and 11 for street purposes, All in Block 2, amended map of the ocean front
property of the Miami Beach Improvement Company, according to the Plat thereof,
recorded in Plat Book 5 at Pages 7 and 8 of the Public Records of Dade County, Florida.
Description of Work
Library
General Construction-City of Miami Beach Regional
FRONT PAGE
All other bond pages(s) are deemed subsequent to this page regardless of any page number(s) that
may be preprinted thereon.
04/10/2002 16:51 FAX 305 994 2159
UNITED ENGINEERING CORP.
f4J 005
00720. FORM OF PAYMENT BOND
Bond No. ESD7313121
BY THIS BOND, We _ Th.= Tower Group, Inc. _____
Principal, hereinafter called
National Union Fire Insurance Co
~! PittsbuE,gh. PL . : as Surety, are bound to the City of Miami
Beach, ,Florida, as Obligee. hereinafter called CITY, in the amount of
'Seven MJ.lIJ.on One Hundred Ninet"-Five Thousand
Sixty-Nine_& No/lOO-- Dollars ($ 7 .195~..2.a__)
whereof CONTRACTOR and Surety bind themselves. their
administrators, successors and assigns, jointly and severally.
WHEREAS, CONTRACTOR has by written agreement entered into a Contract,
Bid/Contract No.: --23=01/02 awarded the 10rh day of
_~pril _' 20~, with CITY which Contra~t Documents 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";
, as
CONTRACTOR.
and
for the payment
heirs, . executors,
THE CONDITION OF THIS BOND is that if CONTRACTOR:
1. Pays CITY all losses, liquidated damages, expenses, costs and attorney's fees
including appellate proceedings, that CITY sustains because of default by
CONTRACTOR 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
CONTRACTOR 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 CONTRACTOR
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
CONTRACTOR a notice that he intends to look to the bond for
protection.
BlD NO: 02-01102 enY OF MIAMI B~ACH
DATE: Jl/02/01 SS
04/10/2002 16:51 FAX 305 994 2159
UNITED ENGINEERING CORP.
!4J006
FORM OF PAYMENT BONO
(Continued)
2.2. A claimant who is not in privity with CONTRACTOR 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 CONTRACTOR 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
CONTRACTOR or tlle 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 Documents and compliance or noncompliance with any formalities
connected with the Contract or the changes does not affect the Sl,Irety's
obligation under this Bond.
Signed and sealed thjs_:::.~ day of
April
".&4(
2002 .
, --
CONTRACTOR The Tower Group, Inc.
..
ATTEST:
By:
Corporation)
(Corporate Seal)
Signature)
t1ak~_~~, C.~. ~
(Print Nama and Title)
Jl_ day of ..Bpr-1l___. 20QZ.
BID NO: 02-01102
DATE: 11/02/01
CITY or MIAMI I3EACH.
56
04/10/2002 16:51 FAX 305 994 2159
IN THE PRESENCE OF:
BID NO: 02-01/02
DATE: lJ/02/01
UNITED ENGINEERING CORP.
[4J 007
INSURANCE COMPANY:
National Union Fire Insurance Co.
of Pitts gh, PA ,
By: _ QU--.--
Agen and A orney-in-Fact
.Charles J. Nielson
Address: 5979 NW 151 St.. St~_!05
(Street)
_Miami Lakes, FL 3~~_____
(City/State/Zip Code)
Telephone No.: _30~~E:.?802-__
..
CITY OF MJAl\in BEACH
57
American Home Assurance Company
National Union Fire Insurance Company of Pittsburgh, Pa.
Principal Bond Office: 70 Pine Street, New York, NY 10270
POWER OF ATTORNEY
No. 10-8-34863
KNOW ALL MEN BY THESE PRESENTS:
That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa.,
a Pennsylvania corporation, does each hereby appoint
---Charles J. Nielson, Charles D. Nielson, Warren M. Alter, Mary C. Aceves,
Gloria McClure; Laura L. Clymer, John Barnes: of Miami Lakes, Florida ---
its true and lawful Attomey(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other
contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the respective
company thereby.
IN WITNESS WHEREOF, American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa.
have each executed these presents
this 24th day of July, 20Ql..
STATEOFNEWYORK }
COUNTY OF NEW YORK }ss.
On this 24th of~, 20Q1 before me came the above-
named officer of American Home Assurance Company and National
Union Fire Insurance Company of Pittsburgh, Pa., to me personally
known to be the individual and officer described herein, and
acknowledged that he executed the foregoing instrument and affixed
the seals of said corporations thereto by authority of his office.
)~L~
NotaryNPubllC, Stale of NeW York
Qua. o. 01PA~1
C . Iifled in ~ichmond c~
omOllSSlOn Expires June 25. ~
CERTIFICATE
Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of
Pittsburgh, Pa. on May 18, 1976:
"RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys-in-Fact to
represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings
obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business;
"RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to
any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing
obligatory in the nature thereof;
"RESOLVED, that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such
certification the date thereof, said date to be not later than the date of delivery thereof by such Attorney-in-Fact."
I, Elizabeth M. Tuck, Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh, Pa. do
hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations, and the Powers of Attorney
issued pursuant thereto, are true and correct, and that both the Resolutions and the Powers of Attorney are in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixecl the facsimile seal of each corporation
this //ifi
d.yof ati..~~
Elizabeth M. Tuck, Secretary
65166 (4199
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 hislher
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 )
) SS
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 CONTRACTOR named therein in favor of CITY.
and Sworn to before
,20_.
me this
day of
Subscribed
My commission expires:
Notary Public, State of
Bonded
by
BID NO: 02-01102
DATE: 11/02/01
CITY OF MIAMI BEACH
58
00735. PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL LETTER OF CREDIT:
Date of Issue
Issuing Bank's No.
Beneficiarv:
Applicant:
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
by order
(branch address)
of and for the account 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 or his authorized designee, that the
drawing is due to default in performance of certain obligations on the part
_________ (contractor, applicant, customer) agreed upon by and
between the City of Miami Beach, Florida and _________ (contractor),
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)
BID NO: 02-01102
DATE: 11/02/01
CITY OF MIAMI BEACH
S9
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
(contractor, applicant, customer)
This Credit is subject to the "Uniform Customs and Practice for Documentary Credits, n
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: 02-01102
DATE: 11/02/01
CITY OF MIAMI BEACH
60
00800. GENERAL CONDITIONS:
1 . Proiect Manuat
1.1. The Project Manual includes any general or special Contract conditions or
specifications attached hereto.
1.2. The Project Manual, along with all documents that make up and constitute
the Contract Documents, shall be followed in strict accordance as to work,
performance, material, and dimensions except when CONSULTANT may
authorize, in writing, an exception.
1.3. . Dimensions given in figures are to hold preference over scaled
measurements from the drawings; however, all discrepancies shall be
resolved by CONSULTANT. CONTRACTOR shall not proceed when in
doubt as to any dimension or measurement, but shall seek clarification
from'CONSULTANT.
1.4. CONTRACTOR shall be furnished three (3) copies, free of charge, of the
Project Manual; two of which shall be preserved and always kept
accessible to CONSULTANT and CONSULTANT's authorized
representatives. Additional copies of the Project Manual may be obtained
from CITY at the cost of reproduction.
2. Intention of CITY:
It is the intent of CITY to describe in the Contract Documents a functionally
complete Project (or part thereof) to be constructed in accordance with the
Contract Documents and in accordance with all codes and regulations governing
construction of the Project. Any work, materials or equipment that may
reasonably be inferred from the Contract Documents as being required to
produce the intended result shall be supplied by CONTRACTOR 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 the laws or regulations of any governmental authority, whether
such reference be specific or by implication, shall mean the latest standard
specification, manual, code or laws or regulations in effect at the time of opening
of bids and CONTRACTOR shall comply therewith. CITY shall have no duties
other than those duties and obligations expressly set forth within the Contract
Documents.
BID NO: 02-01102
DATE: 11/02/01
CITY OF MIAMI BEACH
61
3. Preliminary Matters:
3.1. Within five (5) calendar days prior to the pre-construction meeting
described in Section 3.2, CONTRACTOR shall submit to CONSULTANT
for CONSULTANT's review and acceptance:
3.1.1. A progress schedule in the indicated form:
[ ] Bar Chart
[ ] Modified CPM
[ ] CPM
[Xl Computerized CPM
(CPM shall be interpreted to be generally as outlined in the
Association of General Contractors (AGC) publication, "The Use of
CPM in Construction.")
The progress schedule shall indicate the start and completion dates
of the various stages of the Work and shall show an activity
network for the planning and execution of the Work. Included with
the progress schedule shall be a narrative description of the
progress schedule. The progress schedule must be updated
monthly by CONTRACTOR, submitted as part of each Application
for Payment and shall be acceptable to CONSULTANT.
3.1.2. A preliminary schedule of Shop Drawing submissions; and
3.1.3. In a lump sum contract or in a contract which includes lump sum
bid items of Work, a preliminary schedule of values for all of the
Work which will include quantities and prices of items aggregating
the Contract Price and will subdivide the Work into component
parts in sufficient detail to serve as the basis for progress payments
during construction. Such prices will include an appropriate amount
of overhead and profit applicable to each item of work which will be
confirmed in writing by CONTRACTOR at the time of submission.
[X] Such prices shall be broken down to show labor, equipment, materials
and overhead and profit.
3.1.4. After award but prior to the submission of the progress schedule,
CONSULTANT, Contract Administrator and CONTRACTOR shall
meet with all utility owners and secure from them a schedule of
BID NO: 02-01102
DATE: 11/02/01
CITY OF MIAMI BEACH
62
utility relocation, provided, however, neither CONSULTANT nor
CITY shall be responsible for the nonperformance by the utility
owners.
3.2. At a time specified by CONSULTANT but before CONTRACTOR starts
the work at the Project site, a conference attended by CONTRACTOR,
CONSULTANT and others as deemed appropriate by Contract
Administrator, will be held to discuss the schedules referred to in Section
3.1, to discuss procedures for handling Shop Drawings and other
submittals and for processing Applications for Payment, and to establish a
working understanding among the parties as to the Work.
3.3. Within thirty-five (35) days from the Project Initiation Date set forth in the
Notice to Proceed, a conference attended by CONTRACTOR,
CONSULTANT and others, as appropriate, will be held to finalize the
schedules submitted in accordance with Section 3.1. Within forty-five (45)
days after the Project Initiation Date set forth in the Notice to Proceed, the
CONTRACTOR shall revise the original schedule submittal to address all
review comments from the CPM review conference and resubmit for
CONSULTANT review. The finalized progress schedule will be accepted
by CONSULTANT only as providing an orderly progression of the Work to
completion within the Contract Time, but such acceptance shall not
constitute acceptance by CITY or CONSULTANT of the means or
methods of construction or of the sequencing or scheduling of the Work,
and such acceptance will neither impose on CONSULTANT or CITY
responsibility for the progress or scheduling of the Work nor relieve
CONTRACTOR from full responsibility therefor. The finalized schedule of
Shop Drawing submissions must be acceptable to CONSULTANT as
providing a. workable arrangement for processing the submissions. The
finalized schedule of values pursuant to Section 3.1.3 above must be
acceptable to CONSULTANT as to form and substance.
4. Performance Bond and Pavment Bond:
Within fifteen (15) calendar days of being notified of the award, CONTRACTOR
shall furnish a Performance Bond and a Payment Bond containing all the
provisions of the Performance Bond and Payment Bond attached hereto as
forms 00710 and 00720.
BID NO: 02-01/02
DATE: 11/02/01
CITY OF MIAMI BEACH
63
4.1. Each Bond shall be in the amount of one hundred percent (100%) of the
Contract Price guaranteeing to CITY the completion and performance of
the work covered in such Contract as well as full payment of all suppliers,
laborers, or subcontractors employed pursuant to this Project. Each Bond
shall be with a surety company which is qualified pursuant to Article 5.
4.2. Each Bond shall continue in effect for one year after Final Completion and
acceptance of the worK with liability equal to one hundred percent (100%)
of the Contract sum, or an additional bond shall be conditioned that
CONTRACTOR will, upon notification by CITY, correct any defective or
faulty work or materials which appear within one year after Final
Completion of the Contract.
4.3. Pursuant to the requirements of Section 255.05(1}(a}, Florida Statutes, as
may be amended from time to time, CONTRACTOR shall ensure that the
bond(s} referenced above shall be recorded in the public records of
Miami-Dade County and provide CITY with evidence of such recording.
4.4. Alternate Form of Securitv:
In lieu of a Performance Bond and a Payment Bond, CONTRACTOR may
furnish alternate forms of security which may be in the form of cash,
money order, certified check, cashier's check or unconditional letter of
credit in the form attached hereto as Form 00735. Such alternate forms of
security shall be subject to the prior approval of CITY and for 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 Work.
5. Qualification of Suretv.
5.1. Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred
Thousand Dollars ($500,000.00):
5.1.1. Each 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.
5.1.2. 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
BID NO: 02-01/02
DATE: 11/02/01
CITY OF MIAMI BEACH
64
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 DFR 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.
5.1.3. The CITY will accept a surety bond from a company with a rating of
B+ or better for bonds up to $2 million, provided, however, that if
any surety company appears on the watch list that is published
quarterly by Intercom of the Office of the Florida Insurance
Commissioner, the CITY shall review and either accept or reject the
surety company based on the financial information available to the
CITY. A surety company that is rejected by the CITY may be
substituted by the Bidder or proposer with a surety company
acceptable to the CITY, only if the bid amount does not increase.
The following sets forth, in general, the acceptable parameters for
bonds:
Policy- Financial
holder's Size
Amount of Bond Ratings Categorv
500,001 to 1,000,000 B+ Class I
1,000,001 to 2,000,000 B+ Class II
2,000,001 to 5,000,000 A Class III
5,000,001 to 10,000,000 A Class IV
10,000,001 to 25,000,000 A Class V
25,000,001 to 50,000,000 A Class VI
50,000,001 or more A Class VII
5.2. For projects of $500,000.00 or less, CITY may accept a Bid Bond,
Performance Bond and Payment Bond from a surety company which has
twice the minimum surplus 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 currently 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, as may be amended
from time to time. The Certificate and Affidavit so certifying (Form 00722)
should be submitted with the Bid Bond and also with the Performance
Bond and Payment Bond.
BID NO: 02-01/02
DATE: 11/02/01
CITY OF MIAMI BEACH
6S
5.3. More stringent requirements of any grantor agency are set forth within the
Supplemental Conditions. If there are no more stringent requirements, the
provisions of this section shall apply.
6. Indemnification:
6.1 CONTRACTOR shall indemnify and hold harmless CITY, its officers,
agents, directors, and employees, from liabilities, damages, losses, and
costs, including, but not limited to reasonable attorney's fees, to the extent
caused by the negligence, recklessness or intentional wrongful
misconduct of CONTRACTOR and persons employed or utilized by
CONTRACTOR in the performance of this Agreement. Except as
specifically provided herein, this Agreement does not require
CONTRACTOR to indemnify CITY, its employees, officers, directors, or
agents from any liability, damage, loss, claim, action, or proceeding.
These indemnifications shall survive the term of this Agreement. In the
event that any action or proceeding is brought against CITY by reason of
any such claim or demand, CONTRACTOR shall, upon written notice from
CITY, resist and defend such action or proceeding by counsel satisfactory
to CITY.
6.2 The indemnification provided above shall obligate CONTRACTOR to
defend at its own expense to and through appellate, supplemental or
bankruptcy proceeding, or to provide for such defense, at CITY's option,
any and all claims of liability and all suits and actions of every name and
description covered by Section 6.1 above which may be brought against
CITY whether performed by CONTRACTOR, or persons employed or
utilized by CONTRACTOR.
7. Insurance Reauirements:
7.1. Without limiting any of the other obligations or liabilities of
CONTRACTOR, CONTRACTOR shall provide, pay for, and maintain in
force until all of its work to be performed under this Contract has been
completed and accepted by CITY (or for such duration as is otherwise
specified hereinafter), the insurance coverages set forth herein.
7.1.1. 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:
BID NO: 01-01/01
DATE: 11/01/01
CITY OF MIAMI BEACH
66
7.1.1.1. Employers' Liability with a limit of ~ij,~~MOffin~"Dan~rs
($1:~QR9)~,()~Oj()OJ D~.rl~r.s($) each accident.
7.1.1.2. If any operations are to be undertaken on or about
navigable waters, coverage must be included for the U.S.
Longshoremen & Harbor Workers Act and Jones Act.
7.1.2. Comprehensive General Liability with minimum limits of III
InJI181i[~~,'I,ifil;1s(lliiQII-~91IRIIJ 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:
[X] 7.1.2.1. Premises and/or Operations.
[X] 7.1.2.2. Independent Contractors.
[X 1 7.1.2.3. Products and/or Completed Operations for contracts
over Fifty Thousand Dollars ($50,000.00)
CONTRACTOR shall maintain in force until at least
three years after completion of all work required under
the Contract, coverage for Products and Completed
Operations, including Broad Form Property Damage.
[X] 7.1.2.4. Explosion, Collapse and Underground Coverages.
[X 1 7.1.2.5. Broad Form Property Damage.
[X 1 7.1.2.6. Broad Form Contractual Coverage applicable to this
specific Contract, including any hold harmless and/or
indemnification agreement.
[ 1 7.1.2.7. Personal Injury Coverage with Employee and
Contractual Exclusions removed, with minimum limits of
coverage equal to those required for Bodily Injury
Liability and Property Damage Liability.
[Xl 7.1.2.8. CITY is to be expressly included as an Additional
Insured with respect to liability arising out of operations
performed for CITY by or on behalf of CONTRACTOR
or acts or omissions of CONTRACTOR in connection
with general supervision of such operation.
BID NO: 01-01/01
DATE: 1l/01/0t
CITY OF MIAMI BEACH
67
7 .1.3. .s~~in~.~.~~~t()l'Tlo~n~.biability with minimum limits of ~i!iI~I.Mllff~~
,~;~;f,Uib'!j~l~i~gQ~IP'~~;~QPJ, 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:
7.1.3.1.
Owned Vehicles.
7.1.3.2.
Hired and Non-Owned Vehicles.
7.1.3.3.
Employers' Non-Ownership. (Not Applicable to this bid)
[X ] 7.1.4. Builder's Risk insurance for the construction of and/or addition to
aboveground buildings or structures is/is not required. The
coverage shall be "All Risk" coverage for 100 percent of the
completed value, covering CITY as a named insured, with a
deductible of not more than Five Thousand Dollars ($5,000.00)
each claim.
7.1.4.1. Waiver of Occupancy Clause or Warranty-Policy must
be specifically endorsed to eliminate any "Occupancy
Clause" or similar warranty or representation that the
building(s), addition(s) or structure(s) in the course of
construction shall not be occupied without specific
endorsement of the policy. The Policy must be
endorsed to provide that the Builder's Risk coverage
will continue to apply until final acceptance of the
building(s), addition(s) or structure(s) by CITY.
[ ] 7.1.4.2. Flood Insurance-When the buildings or structures are
located within an identified special flood hazard area,
flood insurance must be afforded for the lesser of the
total insurable value of such buildings or structures, or,
the maximum amount of flood insurance coverage
available under the National Flood Program.
[] 7.1.5. Installation Floater for the installation of machinery and/or
equipment into an existing structure is/is not required. The
coverage shall be "All Risk" coverage including installation and
transit for 100 percent of the "installed replacement cost value,"
covering CITY as a named insured, with a deductible of not more
than Five Thousand Dollars ($5,000.00) each claim.
BID NO: 02-01/02
DATE: 1l102l01
CITY OF MIAMI BEACH
68
7.1.5.1.
Cessation of Insurance--Coverage is not to cease and
is to remain in force (subject to cancellation notice) until
final acceptance by CITY.
7.1.5.2.
Flood Insurance--When the machinery or equipment is
located within an identified special flood hazard area,
flood insurance must be afforded for the lesser of the
total insurable value of such buildings or structure, or,
the maximum amount of flood insurance coverage
available under the National Flood Program.
7.2. If the initial insurance expires prior to the completion of the work, renewal
copies of policies shall be furnished at least thirty (30) days prior to the
date of their expiration.
7.3. Notice of Cancellation and/or Restriction--The policy(ies) must be
endorsed to provide CITY with at least thirty (30) days notice of
cancellation and/or restriction.
7.4. CONTRACTOR shall furnish to the City's Risk Manager Certificates of
Insurance or endorsements evidencing the insurance coverage specified
above within fifteen (15) calendar days after notification of award of the
Contract. The required Certificates of Insurance shall name the types of
policies provided, refer specifically to this Contract, and state that such
!nsurance is as required by this Contract. The Certificate of Insurance
shall be in form similar to and contain the information set forth in Form
00708.
7.5. The official title of the Owner is l1e City of Miami Beach, Florida. This
official title shall be used in all insurance documentation.
8. Labor and Materials:
8.1. Unless otherwise provided herein, CONTRACTOR shall provide and pay
for all materials, labor, water, tools, equipment, light, power, transportation
and other facilities and services necessary for the proper execution and
completion of the Work, whether temporary or permanent and whether or
not incorporated or to be incorporated in the Work.
8.2. CONTRACTOR shall at all times enforce strict discipline and good order
among its employees and subcontractors at the Project site and shall not
employ on the Project any unfit person or anyone not skilled in the work to
which they are assigned.
BID NO: 02-01102
DATE: 11/02/01
CITY OF MIAMI BEACH
69
9. Rovalties and Patents:
All fees, royalties, and claims for any invention, or pretended inventions, or
patent of any article, material, arrangement, appliance, or method that may be
used upon or in any manner be connected with the construction of the Work or
appurtenances, are hereby included in the prices stipulated in this Contract for
said work.
10. Weather:
Extensions to the Contract Time for delays caused by the effects of inclement
weather shall be submitted as a request for a change in the Contract Time
pursuant to Article 40. These time extensions are justified only when rains or
other inclement weather conditions or related adverse soil conditions prevent
CONTRACTOR from productively performing controlling items of work identified
on the accepted schedule or updates resulting in:
(1) CONTRACTOR being unable to work at least fifty percent (50%) of the
normal workday on controlling items of work identified on the accepted
schedule or updates due to adverse weather conditions; or
(2) CONTRACTOR must make major repairs to the Work damaged by
weather. Providing the damage was not attributable to a failure to perform
or neglect by CONTRACTOR, and providing that CONTRACTOR was
unable to work at least fifty percent (50%) of the normal workday on
controlling items of work identified on the accepted schedule or updates.
11. Permits, Licenses and Impact Fees:
11.1, Except as otherwise provided within the Supplemental Conditions, all
permits and licenses required by federal, state or local laws, rules and
regulations necessary for the prosecution of the Work undertaken by
CONTRACTOR pursuant to this Contract shall be secured and paid for by
CONTRACTOR. It is CONTRACTOR's responsibility to have and maintain
appropriate Certificate(s) of Competency, valid for the Work to be
performed and valid for the jurisdiction in which the Work is to be
performed for all persons working on the Project for whom a Certificate of
Competency is required.
11.2. Impact fees levied by the City and/or Miami-Dade County shall be paid by
CONTRACTOR. CONTRACTOR shall be reimbursed only for the actual
amount of the impact fee levied by the municipality as evidenced by an
invoice or other acceptable documentation issued by the municipality.
Reimbursement to CONTRACTOR in no event shall include profit or
overhead of CONTRACTOR.
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12. Resolution of Disputes:
12.1 To prevent all disputes and litigation, it is agreed by the parties hereto that
CONSULTANT shall decide all questions, claims, difficulties and disputes
of whatever nature which may arise relative to the technical interpretation
of the Contract Documents and fulfillment of this Contract 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 CONSULTANT's estimates and decisions upon
all claims, questions, difficulties and disputes shall be final and binding to
the extent provided in Section 12.2. Any claim, question, difficulty or
dispute which cannot be resolved by mutual agreement of CITY and
CONTRACTOR shall be submitted to CONSULTANT in writing within
twenty-one (21) calendar days. Unless a different period of time is. set
forth herein, CONSULTANT shall notify CITY and CONTRACTOR in
writing of CONSULTANT's decision within twenty-one (21) calendar days
from the date of the submission of the claim, question, difficulty or dispute,
unless CONSULTANT 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, CONTRACTOR, CONSULTANT
and CITY shall act in good faith to mitigate any potential damages
including utilization of construction schedule changes and alternate means
of construction.
12.2 In the event the determination of a dispute under this Article is
unacceptable to either party hereto, the party objecting to the
determination must notify the other party in writing within ten (10) 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) days after Final Completion of the Work, the parties shall
participate in mediation to address all objections to any determinations
hereunder and to attempt to prevent litigation. The mediator shall be
mutually agreed upon by the parties. Should any objection not be
resolved in mediation, the parties retain all their legal rights and remedies
provided under State law. A party objecting to a determination specifically
waives all of its rights provided hereunder, including its rights and
remedies under State law, if said party fails to comply in strict accordance
with the requirements of this Article.
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DATE: 11/02/01
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13. Inspection of Work:
13.1. CONSULTANT and CITY shall at all times have access to the Work, and
CONTRACTOR shall provide proper facilities for such access and for
inspecting, measuring and testing.
13.1.1. Should the Contract Documents, CONSUL T ANrs instructions,
any laws, ordinances, or any public authority require any of the
Work to be specially tested or approved, CONTRACTOR shall
give CONSULTANT timely notice of readiness of the Work for
testing. If the testing or approval is to be made by an authority
other than CITY, timely notice shall be given of the date fixed
for such testing. Testing shall be made promptly, and, where
practicable, at the source of supply. If any of the Work should
be covered up without approval or consent of CONSULTANT, it
must, if required by CONSULTANT, be uncovered for
examination and properly restored at CONTRACTOR's
expense.
13.1.2. Reexamination of any of the Work may be ordered by
CONSULTANT with prior written approval by the Contract
Administrator, and if so ordered, the Work must be uncovered
by CONTRACTOR. If such Work is found to be in accordance
with the Contract Documents, CITY shall pay the cost of
reexamination and replacement by means of a Change Order.
If such Work is not in accordance with the Contract Documents,
CONTRACTOR shall pay such cost.
13.2. Inspectors shall have no authority to permit deviations from, nor to relax
any of the provisions of, the Contract Documents nor to delay the Contract
by failure to inspect the materials and work with reasonable promptness
without the written permission or instruction of CONSULTANT.
13.3. The payment of any compensation, whatever may be its character or form,
or the giving of any gratuity or the granting of any favor by CONTRACTOR
to any inspector, directly or indirectly, is strictly prohibited, and any such
act on the part of CONTRACTOR will constitute a breach of this Contract.
14. Superintendence and Supervision:
14.1. The orders of CITY are to be given through CONSULTANT, which
instructions are to be strictly and promptly followed in every case.
CONTRACTOR shall keep on the Project during its progress, a full-time
competent English speaking superintendent and any necessary
assistants, all satisfactory to CONSULTANT. The superintendent shall not
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be changed except with the written consent of CONSULTANT, unless the
superintendent proves to be unsatisfactory to CONTRACTOR and ceases
to be in its employ. The superintendent shall represent CONTRACTOR
and all directions given to the superintendent shall be as binding as if
given to CONTRACTOR and will be confirmed in writing by
CONSULTANT upon the written request of CONTRACTOR.
CONTRACTOR shall give efficient supervision to the Work, using its best
skill and attention.
14.2. Daily, CONTRACTOR's superintendent shall record, at a minimum, the
following information in a bound log: the day; date; weather conditions
and how any weather condition affected progress of the Work; time of
commencement of work for the day; the work being performed; materials,
labor, personnel, equipment and subcontractors at the Project site; visitors
to the Project site, including representatives of' , CONSULTANT,
regulatory representatives; any special or unusual conditions or
occurrences encountered; and the time of termination of work for the day.
All information shall be recorded in the daily log in ink. The daily log shall
be kept on the Project site and shall be available at all times for inspection
and copying by CITY and CONSULTANT.
14.3. The Contract Administrator, CONTRACTOR and CONSULTANT shall
meet at least weekly or as determined by the Contract Administrator,
during the course of the Work to review and agree upon the work
performed to date and to establish the controlling items of work for the
next two weeks. The CONSULTANT shall publish, keep, and distribute
minutes and any commEmts thereto of each such meeting.
14.4. If CONTRACTOR, in the course of prosecuting the Work, finds any
discrepancy between the Contract Documents and the physical conditions
of the locality, or any errors, omissions, or discrepancies in the Project
Manual, it shall be CONTRACTOR's duty to immediately inform
CONSULTANT, in writing, and CONSULTANT will promptly review the
same. Any work done after such discovery, until authorized, will be done
at CONTRACTOR's sole risk.
14.5. CONTRACTOR shall supervise and direct the Work competently and
efficiently, devoting such attention thereto and applying such skills and
expertise as may be necessary to perform the Work in accordance with
the Contract Documents. CONTRACTOR shall be solely responsible for
the means, methods, techniques, sequences and procedures of
construction.
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DATE: 11/02/01
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15. CITY's Richt to Terminate Contract:
15.1. If CONTRACTOR fails to begin the Work within fifteen (15) calendar days
after the Project Initiation Date, or fails to perform the Work with sufficient
workers and equipment or with sufficient materials to insure the prompt
completion of the Work, or shall perform the Work unsuitably, or cause it
to be rejected as defective and unsuitable, or shall discontinue the
prosecution of the Work pursuant to the accepted schedule or if
CONTRACTOR shall fail to perform any material term set forth in the
Contract Documents or if CONTRACTOR 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 from any other cause
whatsoever shall not carry on the Work in an acceptable manner, Contract
Administrator may give notice in writing to CONTRACTOR and its Surety
of such delay, neglect or default, specifying the same. If CONTRACTOR,
within a period of five (5) calendar days after such notice, shall not
proceed in accordance therewith, then CITY may upon written certificate
from CONSULTANT of the fact of such delay, neglect or default and
CONTRACTOR's failure to comply with such notice, terminate the
services of CONTRACTOR, exclude CONTRACTOR from the Project site
and take the prosecution of the Work out of the hands of CONTRACTOR,
and appropriate or use any or all materials and equipment on the Project
site as may be suitable and acceptable. In such case, CONTRACTOR
shall not be entitled to receive any further payment until the Project is
Gompleted. 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 CITY's sole opinion
shall be required for the completion of the Project according to the terms
and provisions of the Contract Documents, or use such other methods as
in CITY's sole opinion shall be required for the completion of the Project in
an acceptable manner. All damages, costs and charges incurred by CITY,
together with the costs of completing the Project, shall be deducted from
any monies due or which may become due to CONTRACTOR. In case
the damages and expenses so incurred by CITY shall exceed the unpaid
balance, then CONTRACTOR shall be liable and shall pay to CITY the
amount of said excess.
15.2. If after notice of termination of CONTRACTOR's right to proceed, it is
determined for any reason that CONTRACTOR was not in default, the
rights and obligations of CITY and CONTRACTOR 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 15.3 below.
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15.3. This Contract may be terminated for convenience in writing by CITY upon
ten (10) days written notice to CONTRACTOR (delivered by certified mail,
return receipt requested) of intent to terminate and the date on which such
termination becomes effective. In such case, CONTRACTOR shall be
paid for all work executed and expenses incurred prior to termination in
addition to termination settlement costs reasonably incurred by
CONTRACTOR relating to commitments which had become firm prior to
the termination. Payment shall include reasonable profit for work/services
satisfactorily performed. No payment shall be made for profit for
work/services which have not been performed.
15.4. Upon receipt of Notice of Termination pursuant to Sections 15.1 or 15.3
above, CONTRACTOR shall promptly discontinue all affected work unless
the Notice of Termination directs otherwise and deliver or otherwise make
available to CITY 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.
16. CONTRACTOR's Riaht to Stop Work or Terminate Contract:
Should CONSULTANT fail to review and approve or state in writing reasons for
nonapproval of any Application for Payment within twenty (20) days after it is
presented, or if CITY fails either to pay CONTRACTOR within thirty (30) days
after presentation by CONSULTANT of any sum certified by CONSULTANT, or
to notify CONTRACTOR and CONSULTANT in writing of any objection to the
Application for Payment, then CONTRACTOR may, give written notice to CITY
and CONSULTANT of such delay, neglect or default, specifying the same. If
CITY or CONSULTANT (where applicable), within a period of ten (10) calendar
days after such notice shall not remedy the delay, neglect, or default upon which
the notice is based, then CONTRACTOR may stop work or terminate this
Contract and recover from CITY payment for all work executed and reasonable
expenses sustained therein plus reasonable termination expenses. Any
objection made by CITY to an Application for Payment shall be submitted to
CONSULTANT in accordance with the provisions of Article 12 hereof.
17. Assianment
Neither party hereto shall assign the Contract or any subcontract in whole or in
part without the written consent of the other, nor shall CONTRACTOR assign any
monies due or to become due to it hereunder, without the previous written
consent of the Mayor and City Commission.
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18. Riahts of Various Interests:
Whenever work being done by CITY's forces or by other contractors is
contiguous to or within the limits of work covered by this Contract, 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.
19. Differina Site Conditions:
In the event that during the course of the Work CONTRACTOR encounters
subsurface or concealed conditions at the Project site which differ materially from
those shown on the Contract Documents and (rom those ordinarily encountered
and generally recognized as inherent in work of the character called for in the
Contract Documents; or unknown physical conditions of the Project site, of an
unusual nature, which differ materially from that ordinarily encountered and
generally recognized as inherent in work of the character called for in the
Contract Documents, CONTRACTOR, without disturbing the conditions and
before performing any work affected by such conditions, shall, within twenty-four
(24) hours of their discovery, notify CITY and CONSULTANT in writing of the
existence of the aforesaid conditions. CONSULTANT and CITY shall, within two
(2) business days after receipt of CONTRACTOR's written notice, investigate the
site conditions identified by CONTRACTOR. If, in the sole opinion of
CONSULTANT, the conditions do materially so differ and cause an increase or
decrease in CONTRACTOR's cost of, or the time required for, the performance
of any part of the Work, whether or not charged as a result of the conditions,
CONSULTANT shall recommend an equitable adjustment to the Contract Price,
or the Contract Time, or both. If CITY and CONTRACTOR cannot agree on an
adjustment in the Contract Price or Contract Time, the adjustment shall be
referred to CONSULTANT for determination in accordance with the provisions of
Article 12. Should CONSULTANT determine that the conditions of the Project
site are not so materially different to justify a change in the terms of the Contract,
CONSULTANT shall so notify CITY and CONTRACTOR in writing, stating the
reasons, and such determination shall be final and binding upon the parties
hereto.
No request by CONTRACTOR for an equitable adjustment to the Contract under
this provision shall be allowed unless CONTRACTOR has given written notice in
strict accordance with the provisions of this Article. No request for an equitable
adjustment or change to the Contract Price or Contract Time for differing site
conditions shall be allowed if made after the date certified by CONSULT ANT as
the date of substantial completion.
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20. Plans and Workina Drawinas:
CITY, through CONSULTANT, shall have the right to modify the details of the
plans and specifications, to supplement the plans and specifications with
additional plans, drawings or additional information as the Work proceeds, all of
which shall be considered as part of the Project Manual. In case of
disagreement between the written and graphic portions of the Project Manual,
the written portion shall govern.
21. CONTRACTOR to Check Plans. Specifications and Data:
CONTRACTOR shall verify all dimensions, quantities and details shown on the
plans, specifications or other data received from CONSULTANT, and shall notify
CONSULTANT of all errors, omissions and discrepancies found therein within
three (3) calendar days of discovery. CONTRACTOR will not be allowed to take
advantage of any error, omission or discrepancy, as full instructions will be
furnished by CONSULTANT. CONTRACTOR shall not be liable for damages
resulting from errors, omissions or discrepancies in the Contract Documents
unless CONTRACTOR recognized such error, omission or discrepancy and
knowingly failed to report it to CONSULTANT.
22. CONTRACTOR's Responsibility for Damaaes and Accidents:
22.1. CONTRACTOR shall accept full responsibility for the Work against all loss
or damage of whatsoever nature sustained until final acceptance by CITY,
and shall promptly repair any damage done from any cause whatsoever,
except as provided in Article 29.
22.2. CONTRACTOR shall be responsible for all materials, equipment and
supplies pertaining to the Project. In the event any such materials,
equipment and supplies are lost, stolen, damaged or destroyed prior to
final acceptance by CITY, CONTRACTOR shall replace same without cost
to CITY, except as provided in Article 29.
23. Warrantv.
CONTRACTOR warrants to CITY that all materials and equipment furnished
under this Contract will be new unless otherwise specified and that all of the
Work will be of good quality, free from faults and defects and in conformance with
the Contract Documents. All work not conforming to these requirements,
including substitutions not properly approved and authorized, may be considered
defective. If required by CONSULTANT, CONTRACTOR shall furnish
satisfactory evidence as to the kind and quality of materials and equipment. This
warranty is not limited by the provisions of Article 25 herein.
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24. Supplementary Drawinas:
24.1. When, in the opinion of CONSULTANT, it becomes necessary to explain
the Work to be done more fully, or to illustrate the Work further, or to show
any changes which may be required, supplementary drawings, with
specifications pertaining thereto, will be prepared by CONSULTANT.
24.2. The supplementary drawings shall be binding upon CONTRACTOR with
the same force as the Project Manual. Where such supplementary
drawings require either less or more than the original quantities of work,
appropriate adjustments shall be made by Change Order.
25. Defective Work:
25.1. CONSULTANT shall have the authority to reject or disa"pprove work which
CONSULTANT finds to be defective. If required by CONSULTANT,
CONTRACTOR shall promptly either correct all defective work or remove
such defective work and replace it with nondefective work.
CONTRACTOR shall bear all direct, indirect and consequential costs of
such removal or corrections including cost of testing laboratories and
personnel.
25.2. Should CONTRACTOR fail or refuse to remove or correct any defective
work or to make any necessary repairs in accordance with the
requirements of the Contract Documents within the time indicated in
writing by CONSULTANT, CITY shall have the authority to cause the
defective work to be removed or corrected, or make such repairs as may
be necessary at CONTRACTOR's expense. Any expense incurred by
CITY in making such removals, corrections or repairs, shall be paid for out
of any monies due or which may become due to CONTRACTOR, or may
be charged against the Performance Bond. In the event of failure of
CONTRACTOR to make all necessary repairs promptly and fully, CITY
may declare CONTRACTOR in default.
25.3. If, within one (1) year after the date of substantial completion or such
longer period of time as may be prescribed by the terms of any applicable
special warranty required by the Contract Documents, or by any specific
provision of the Contract Documents, any of the Work is found to be
defective or not in accordance with the Contract Documents,
CONTRACTOR, after receipt of written notice from CITY, shall promptly
correct such defective or nonconforming Work within the time specified by
CITY without cost to CITY, to do so. Nothing contained herein shall be
construed to establish a period of limitation with respect to any other
obligation which CONTRACTOR might have under the Contract
Documents including but not limited to, Article 23 hereof and any claim
regarding latent defects.
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25.4. Failure to reject any defective work or material shall not in any way
prevent later rejection when such defect is discovered, or obligate CITY to
final acceptance.
26. Taxes:
CONTRACTOR shall pay all applicable sales, consumer, use and other taxes
required by law. CONTRACTOR is responsible for reviewing the pertinent state
statutes involving state taxes and complying with all requirements.
27. Subcontracts:
27.1. CONTRACTOR shall not employ any subcontractor against whom CITY or
CONSULTANT may have a reasonable objection. CONTRACTOR shall
not be required to employ any subcontractor against whom
CONTRACTOR has a reasonable objection.
27.2. CONTRACTOR shall be fully responsible for all acts and omissions of its
subcontractors and of persons directly or indirectly employed by its
subcontractors and of persons for whose acts any of them may be liable to
the same extent that CONTRACTOR is responsible for the acts and
omissions of persons directly employed by it. Nothing in the Contract
Documents shall create any contractual relationship between any
subcontractor and CITY or any obligation on the part of CITY to payor to
~ee the payment of any monies due any subcontractor. CITY or
CONSULTANT may furnish to any subcontractor evidence of amounts
paid to CONTRACTOR on account of specific work performed.
27.3. CONTRACTOR agrees to bind specifically every subcontractor to the
applicable terms and conditions of the Contract Documents for the benefit
of CITY.
[ X ] 27.4. CONTRACTOR shall perform the Work with its own organization,
amounting to not less than (ten) ~ percent of the Contract Price.
28. Separate Contracts:
28.1. CITY reserves the right to let other contracts in connection with this
Project. CONTRACTOR shall afford other persons reasonable opportunity
for the introduction and storage of their materials and the execution of
their work and shall properly connect and coordinate this Work with theirs.
28.2. If any part of CONTRACTOR's Work depends for proper execution or
results upon the work of any other persons, CONTRACTOR shall inspect
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and promptly report to CONSULTANT any defects in such work that
render it unsuitable for such proper execution and results.
CONTRACTOR's failure to so inspect and report shall constitute an
acceptance of the other person's work as fit and proper for the reception of
CONTRACTOR's Work, except as to defects which may develop in other
contractor's work after the execution of CONTRACTOR's.
28.3. CONTRACTOR shall conduct its operations and take all reasonable steps
to coordinate the prosecution of the Work so as to create no interference
or impact on any other contractor on the site. Should such interference or
impact occur, CONTRACTOR shall be liable to the affected contractor for
the cost of such interference or impact.
28.4. To insure the proper execution of subsequent work, CONTRACTOR shall
inspect the work already in place and shall at once report to
CONSULTANT any discrepancy between the executed work and the
requirements of the Contract Documents.
29. Use of Completed Portions:
29.1. CITY shall have the right at its sole option to take possession of and use
any completed or partially completed portions of the Project. Such
possession and use shall not be deemed an acceptance of any of the
Work not completed in accordance with the Contract Documents. If such
possession and use increases the cost of or delays the Work,
CONTRACTOR shall be entitled to reasonable extra compensation, or
reasonable extension of time or both, as recommended by CONSULTANT
and approved by CITY.
29.2. In the event CITY takes possession of any completed or partially
completed portions of the Project, the following shall occur:
29.2.1. CITY shall give notice to CONTRACTOR in writing at least
thirty (30) calendar days prior to CITY's intended occupancy of
a designated area.
29.2.2. CONTRACTOR shall complete to the point of Substantial
Completion the designated area and request inspection and
issuance of a Certificate of Substantial Completion in the form
attached hereto as 00925 from CONSULTANT.
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29.2.3. Upon CONS UL TANT's issuance of a Certificate of Substantial
Completion, CITY will assume full responsibility for
maintenance, utilities, subsequent damages of CITY and
public, adjustment of insurance coverages and start of warranty
for the occupied area.
29.2.4. CONTRACTOR shall complete all items noted on the
Certificate of Substantial Completion within the time specified
by CONSULTANT on the Certificate of Substantial Completion,
as soon as possible and request final inspection and final
acceptance of the portion of the Work occupied. Upon
completion of final inspection and receipt of an application for
final payment, CONSUL T ANi shall issue a Final Certificate of
Payment relative to the occupied area.
29.2.5. If CITY finds it necessary to occupy or use a portion or portions
of the Work prior to Substantial Completion thereof, such
occupancy or use shall not commence prior to a time mutually
agreed upon by CITY and CONTRACTOR and to which the
insurance company or companies providing the property
insurance have consented by endorsement to the policy or
policies. Insurance on the unoccupied or unused portion or
portions shall not be canceled or lapsed on account of such
partial occupancy or use. Consent of CONTRACTOR and of
the insurance company or companies to such occupancy or
use shall not be unreasonably withheld.
30. Lands for Work:
30.1. CITY shall provide, as may be indicated in the Contract Documents, the
lands upon which the Work is to be performed, rights-of-way and
easements for access thereto and such other lands as are designated by
CITY or the use of CONTRACTOR.
30.2. CONTRACTOR shal provide, at CONTRACTOR's own expense and
without liability to CITY, any additional land and access thereto that may
be required for temporary construction facilities, or for storage of
materials. CONTRACTOR shall furnish to CITY copies of written
permission obtained by CONTRACTOR from the owners of such facilities.
31 . Leaal Restrictions and Traffic Provisions:
CONTRACTOR shall conform to and obey all applicable laws, regulations, or
ordinances with regard to labor employed, hours of work and CONTRACTOR's
general operations. CONTRACTOR shall conduct its operations so as not to
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close any thoroughfare, nor interfere in any way with traffic on railway, highways,
or water, without the prior written consent of the proper authorities.
32. Location and Damaae to Existina Facilities. Equipment or Utilities:
32.1. As far as possible, all existing utility lines in the Project area have been
shown on the plans. However, CITY does not guarantee that all lines are
shown, or that the ones indicated are in their true location. It shall be the
CONTRACTOR S responsibility to identify and locate all underground
and overhead utility lines or equipment affecting or affected by the Project.
No additional payment will be made to the CONTRACTOR because of
discrepancies in actual and plan location of utilities, and damages suffered
as a result thereof.
32.2. The CONTRACTOR shall notify each utility company involved at least ten
(10) days prior to the start of construction to arrange for positive
underground location, relocation or support of its utility where that utility
may be in conflict with or endangered by the proposed construction.
Relocation of water mains or other utilities for the convenience of the
CONTRACTOR shall be paid by the CONTRACTOR. All charges by utility
companies for temporary support of its utilities shall be paid for by the
CONTRACTOR. All costs of permanent utility relocation to avoid conflict
shall be the responsibility of the utility company involved. No additional
payment will be made to the CONTRACTOR for utility relocations,
whether or not said relocation is necessary to avoid conflict with other
lines.
32.3. The CONTRACTOR shall schedule the work in such a manner that the
work is not delayed by the utility providers relocating or supporting their
utilities. The CONTRACTOR shall coordinate its activities with any and all
public and private utility providers occupying the right-of-way. No
compensation will be paid to the CONTRACTOR for any loss of time or
delay.
32.4. All overhead, surface or underground structures and utilities encountered
are to be carefully protected from injury or displacement. All damage to
such structures is to be completely repaired within a reasonable time;
needless delay will not be tolerated. The CITY reserves the right to
remedy such damage by ordering outside parties to make such repairs at
the expense of the CONTRACTOR. All such repairs made by the
CONTRACTOR are to be made to the satisfaction of the utility owner. All
damaged utilities must be replaced or fully repaired. All repairs are to be
inspected by the utility owner prior to backfilling.
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33. Value Enaineerina:
CONTRACTOR may request substitution of materials, articles, pieces of
equipment or any changes that reduce the Contract Price by making such
request to CONSULTANT in writing. CONSULTANT will be the sole judge of
acceptability, and no substitute will be ordered, installed, used or initiated without
CONSULTANT's prior written acceptance which will be evidenced by either a
Change Order or an approved Shop Drawing. However, any substitution
accepted by CONSULTANT shall not result in any increase in the Contract Price
or Contract Time. By making a request for substitution, CONTRACTOR agrees
to pay directly to CONSULTANT all CONSUL T ANT's fees and charges related to
CONSULTANT's review of the request for substitution, whether or not the
request for substitution is accepted by CONSULTANT. Any substitution
submitted by CONTRACTOR must meet the form, fit, function and life cycle
criteria of the item proposed to be replaced and there must be a net dollar
savings including CONSULTANT review fees and charges. If a substitution is
approved, the net dollar savings shall be shared equally between
CONTRACTOR and CITY and shall be processed as a deductive Change Order.
CITY may require CONTRACTOR to furnish at CONTRACTOR's expense a
special performance guarantee or other surety with respect to any substitute
approved after award of the Contract.
34. Continuina the Work:
CONTRACTOR shall carry on the Work and adhere to the progress schedule
during all disputes or disagreements with CITY, including disputes or
disagreements concerning a request for a Change Order, a request for a change
in the Contract Price or Contract Time. The Work shall not be delayed or
postponed pending resolution of any disputes or disagreements.
35. Chanaes in the Work or Terms of Contract Documents:
35.1. Without invalidating the Contract and without notice to any surety CITY
reserves and shall have the right, from time to time to make such
increases, decreases or other changes in the character or quantity of the
Work 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 must be accomplished
by means of appropriate Field Orders and Supplemental Instructions or
Change Orders.
35.2. Any changes to the terms of the Contract Documents must be contained
in a written document, executed by the parties hereto, with the same
formality and of equal dignity prior to the initiation of any work reflecting
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such change. This section shall not prohibit the issuance of Change
Orders executed only by CITY as hereinafter provided.
36. Field Orders and Suoolementallnstructions:
36.1. The Contract Administrator, through CONSULTANT, shall have the right
to approve and issue Field Orders setting forth written interpretations of
the intent of the Contract Documents and ordering minor changes in Work
execution, providing the Field Order involves no change in the Contract
Price or the Contract Time.
36.2. CONSULTANT shall have the right to approve and issue Supplemental
Instructions setting forth written orders, instructions, or interpretations
concerning the Contract Documents or its performance, provided such
Supplemental Instructions involve no change in the Contract Price or the
Contract Time.
37. Chanae Orders:
37.1. Changes in the quantity or character of the Work within tie scope of the
Project which are not properly the subject of Field Orders or Supplemental
Instructions. including all changes resulting in changes in the Contract
Price, or the Contract Time. shall be authorized only by Change Orders
approved in advance and issued in accordance with the provisions of the
CITY.
37.2. All changes to construction contracts must be approved in advance in
accordance with the value of the Change Order or the calculated value of
the time extension. All Change Orders with a value of $25,000 ore more
shall be approved in advance by the Mayor and City Commission. All
Change Orders with a value of less than $25.000 shall be approved in
advance by the City Manager or his designee.
37.3. In the event satisfactory adjustment cannot be reached for any item
requiring a change in the Contract Price or Contract Time, and a Change
Order has not been issued, CITY reserves the right at its sole option to
either terminate the Contract as it applies to the items in question and
make such arrangements as may be deemed necessary to complete the
disputed work; or submit the matter in dispute to CONSULTANT as set
forth in Article 12 hereof. During the pendency of the dispute. and upon
receipt of a Change Order approved by CITY, CONTRACTOR shall
promptly proceed with the change in the Work involved and advise the
CONSULTANT and Contract Administrator in writing within seven (7)
calendar days of CONTRACTOR's agreement or disagreement with the
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method, if any, provided in the Change Order for determining the
proposed adjustment in the Contract Price or Contract Time.
37.4. On approval of any Contract change increasing the Contract Price,
CONTRACTOR shall ensure that the performance bond and payment
bond are increased so that each reflects the total Contract Price as
increased.
37.5. Under circumstances determined necessary by CITY, Change Orders may
be issued unilaterally by CITY.
38. Value of Chance Order Work:
38.1. The value of any work covered by a Change Order or of any claim for an
increase or decrease in the Contract Price shall be determined in one of
the following ways:
38.1.1. 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 Section
38.7.
38.1.2. By mutual acceptance of a lump sum which CONTRACTOR
and CITY acknowledge contains a component for overhead and
profit.
38.1.3. On the basis of the "cost of work," determined as provided in
Sections 38.2 and 38.3, plus a CONTRACTOR's fee for
overhead and profit which is determined as provided in Section
38.4.
38.2. The term "cost of work" means the sum of all direct costs necessarily
incurred and paid by CONTRACTOR in the proper performance of the
Work described in the Change Order. Except as otherwise may be
agreed to in writing by CITY, 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 of the costs itemized in Section
38.3.
38.2.1. Payroll costs for employees in the direct employ of
CONTRACTOR in the performance of the work described in the
Change Order under schedules of job classifications agreed
upon by CITY and CONTRACTOR. Payroll costs for employees
not employed full time on the work covered by the Change
Order shall be apportioned on the basis of their time spent on
BID NO: 02-01/02 CITY OF MIAMI BEACH
DATE: 11/02/01 85
the work. Payroll costs shall include, but not be limited to,
salaries and wages plus the cost of fringe benefits which shall
include social security contributions, unemployment, excise and
payroll taxes, workers' or workmen's compensation, health and
retirement benefits, bonuses, sick leave, vacation and holiday
pay application thereto. Such employees shall include
superintendents and foremen at the 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 CITY.
38.2.2. Cost of all materials and equipment furnished and incorporated
in the work, including costs of transportation and storage
thereof, and manufacturers' field services required in connection
therewith. All cash discounts shall accrue to CONTRACTOR
unless CITY deposits funds with CONTRACTOR 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 CONTRACTOR shall make provisions so
that they may be obtained. Rentals of all construction
equipment and machinery and the parts thereof whether rented
from CONTRACTOR or others in accordance with rental
agreements approved by CITY with the advice of
CONSULTANT 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 work.
38.2.3. Payments made by CONTRACTOR to Subcontractors for work
performed by Subcontractors. If required by CITY,
CONTRACTOR shall obtain competitive bids from
Subcontractors acceptable to CONTRACTOR and shall deliver
such bids to CITY who will then determine, with the advice of
CONSULTANT, 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 CONTRACTOR'S cost of
the work. All Subcontractors shall be subject to the other
provisions of the Contract Documents insofar as applicable.
38.2.4. Cost of special consultants, including, but not limited to,
engineers, architects, testing laboratories, and surveyors
BID NO: 01-01/01 CITY OF MIAMI BEACH
DATE: 11/01/01 86
employed for services specifically related to the performance of
the work described in the Change Order.
38.2.5. Supplemental costs including the following:
38.2.5.1. The proportion of necessary transportation, travel
and subsistence expenses of CONTRACTOR's
employees incurred in discharge of duties connected
with the work except for local travel to and from the
site of the work.
38.2.5.2. 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 workmen, which
are consumed in the performance of the work, and
cost less market value of such items used but not
consumed which remains the property of
CONTRACTOR.
38.2.5.3. Sales, use, or similar taxes related to the work, and
for which CONTRACTOR is liable, imposed by any
governmental authority,
38.2.5.4. Deposits lost for causes other than CONTRACTOR's
negligence; royalty payments and fees for permits
and licenses.
38.2.5.5. The cost of utilities, fuel and sanitary facilities at the
site.
38.2.5.6. Receipted minor expenses such as telegrams, long
distance telephone calls, telephone service at the
site, expressage and similar petty cash items in
connection with the work.
38.2.5.7. Cost of premiums for additional bonds and insurance
required because of changes in the work.
38.3. The term "cost of the work" shall not include any of the following:
38.3.1. Payroll costs and other compensation of CONTRACTOR's
officers, executives, principals (of partnership and sole
proprietorships), general managers, engineers, architects,
estimators, lawyers, auditors, accountants, purchasing and
BID NO: 02-01/02 CITY OF MIAMI BEACH
DATE: 11/02/01 87
contracting agents, expediters, timekeepers, clerks and other
personnel employed by CONTRACTOR whether at the site or in
its principal or a branch office for general administration of the
work and not specifically included in the agreed-upon schedule
of job classifications referred to in Section 38.2.1., all of which
are to be considered administrative costs covered by
CONTRACTOR's fee.
38.3.2. Expenses of CONTRACTOR's principal and branch offices
other than CONTRACTOR's office at the site.
38.3.3. Any part of CONTRACTOR's capital expenses, including
interest on CONTRACTOR's capital employed for the work and
charges against CONTRACTOR for delinquent payments.
38.3.4. Cost of premiums for all Bonds and for all insurance whether or
not CONTRACTOR is required by the Contract Documents to
purchase and maintain the same, except for additional bonds
and insurance required because of changes in the work.
38.3.5. Costs due to the negligence or neglect of CONTRACTOR, any
Subcontractors, or anyone directly or indirectly employed by any
of them or for whose acts any of them may be liable, including
but not limited to, the correction of defective work, disposal of
materials or equipment wrongly supplied and making good any
damage to property.
38.3.6. Other overhead or general expense costs of any kind and the
cost of any item not specifically and expressly included in
Section 38.2.
38.4. CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit
shall be determined as follows:
38.4.1. A mutually acceptable fixed fee or if none can be agreed upon,
38.4.2. A fee based on the following percentages of the various portions
of the cost of the work:
38.4.2.1. For costs incurred under Sections 38.2.1 and
38.2.2, CONTRACTOR's fee shall not exceed ten
percent (10%).
38.4.2.2. For costs incurred under Section 38.2.3,
CONTRACTOR's fee shall not exceed seven and
BID NO: 02-01/02 CITY OF MIAMI BEACH
DATE: 11/02101 88
one half percent (7.5%); 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
No fee shall be payable on the basis of costs
itemized under Sections 38.2.4 and 38.2.5,
(except Section 38.2.5.3), and Section 38.3.
38.5. The amount of credit to be allowed by CONTRACTOR 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, however, CONTRACTOR shall not be
entitled to claim lost profits for any Work not performed.
38.4.2.3.
38.6. Whenever the cost of any work is to be determined pursuant to Sections
38.2 and 38.3, CONTRACTOR will submit in a form acceptable to
CONSULTANT an itemized cost breakdown together with the supporting
data.
38.7. Where the quantity of any item of the Work 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 shall be issued to adjust the unit price, if warranted.
38.8. 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,
CONTRACTOR shall submit an initial cost estimate acceptable to
CONSULTANT and Contract Administrator.
38.8.1. Breakdown shall list the quantities and unit prices for materials,
labor, equipment and other items of cost.
38.8.2. Whenever a change involves CONTRACTOR and one or more
Subcontractors and the change is an increase in the Contract
Price, overhead and profit percentage for CONTRACTOR and
each Subcontractor shall be itemized separately.
38.9. 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 the
work."
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39. Notification and Claim for Chanae of Contract Time or Contract Price:
39.1. Any claim for a change in the Contract Time or Contract Price shall be
made by written notice by CONTRACTOR to the Contract Administrator
and to CONSULTANT within five (5) calendar days of the commencement
of the event giving rise to the claim and stating the general nature and
cause of the claim. Thereafter, within twenty (20) calendar days of the
termination of the event giving rise to the claim, written notice of the extent
of the claim with supporting information and documentation shall be
provided unless CONSULTANT allows an additional period of time to
ascertain more accurate data in support of the claim and such notice shall
be accompanied by CONTRACTOR's written notarized statement that the
adjustment claimed is the entire adjustment to which the CONTRACTOR
has reason to believe it is entitled as a result of the occurrence of said
event. All claims for changes in the Contract Time or Contract Price shall
be determined by CONSULTANT in accordance with Article 12 hereof, if
CITY and CONTRACTOR cannot otherwise agree. IT IS EXPRESSLY
AND SPECIFICAllY AGREED THAT ANY AND All CLAIMS FOR
CHANGES TO THE CONTRACT TIME OR CONTRACT PRICE SHAll
BE WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH
THE REQUIREMENTS OF THIS SECTION.
392. The Contract Time will be extended in an amount equal to time lost on
critical Work items due to delays beyond the control of and through no
fault or negligence of CONTRACTOR if a claim is made therefor as
provided in Section 39.1. Such delays shall include, but not be limited to,
acts or neglect by any separate contractor employed by CITY, fires,
floods, labor disputes, epidemics, abnormal weather conditions or acts of
God.
40. No Damaaes for Delav.
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. CONTRACTOR 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 damages by CONTRACTOR for
actual delays due solely to fraud, bad faith or active interference on the part of
CITY or its CONSULTANT. Otherwise, CONTRACTOR shall be entitled only to
BID NO: 02-01/02
DATE: 11/02/01
CITY OF MIAMI BEACH
90
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.
41. Excusable Delav: Compensable: Non-Comoensable:
41.1 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 compensable
when (i) the delay extends the Contract Time, (ii) is caused by
circumstances beyond the control of the CONTRACTOR or its
subcontractors, suppliers or vendors, and (iii) is caused solely by
fraud, bad faith or active interference on the part of CITY or its
agents. In no event shall CONTRACTOR 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
BID NO: 02-01102
DATE: 11/02/01
CITY OF MIAMI BEACH
91
bonding capacity, loss of opportunity and all other indirect costs incurred
by CONTRACTOR. The amount of liquidated indirect costs recoverable
shall be (one-hundred) ~100.00 per day for each calendar day the
Contract is delayed due to a Compensable Excusable Delay.
(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 CONSULTANT, or
(ii) is caused jointly or concurrently by CONTRACTOR or its
subcontractors, suppliers or vendors and by the CITY or
CONSULTANT, then CONTRACTOR shall be entitled only to a time
extension and no further compensation for the delay.
42. Substantial Completion:
When CONTRACTOR considers that the Work, or a portion thereof designated
by CITY pursuant to Article 29 hereof, has reached Substantial Completion,
CONTRACTOR shall so notify CITY and CONSULTANT in writing.
CONSULTANT and CITY shall then promptly inspect the Work. When
CONSULTANT, on the basis of such an inspection, determines that the Work or
designated portion thereof is substantially complete, it will then prepare a
Certificate of Substantial Completion in the form attached hereto as Form 00925
which shall establish the Date of Substantial Completion; shall state the
responsibilities of CITY and CONTRACTOR for security, maintenance, heat,
utilities, damage to the Work, and insurance; and shall list all Work yet to be
completed to satisfy the requirements of the Contract Documents for Final
Completion. The failure to include any items of corrective work on such list does
not alter the responsibility of CONTRACTOR to complete all of the Work in
accordance with the Contract Documents. Warranties required by the Contract
Documents shall commence on the date of Substantial Completion of the Work
or designated portion thereof unless otherwise provided in the Certificate of
Substantial Completion. The Certificate of Substantial Completion shall be
submitted to CITY through the Contract Administrator and CONTRACTOR for
their written acceptance of the responsibilities assigned to them in such
Certificate.
43. No Interest:
Any monies not paid by CITY when claimed to be due to CONTRACTOR under
this Agreement, including, but not limited to, any and all claims for contract
damages of any type, shall not be subject to interest including, but not limited to
prejudgment interest. However, the provisions of CITY's prompt payment
ordinance, as such relates to timeliness of payment, and the provisions of
BID NO: 02-01/02
DATE: 11/02/01
CITY OF MIAMI BEACH
92
Section 218.74(4), Florida Statutes (1989) as such relates to the payment of
interest, shall apply to valid and proper invoices.
44. Shoo Drawinas:
44.1. CONTRACTOR shall submit Shop Drawings as required by the Technical
Specifications. The purpose of the Shop Drawings 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.
44.2. Within thirty (30) calendar days after the Project Initiation Date specified
in the Notice to Proceed, CONTRACTOR shall submit to CONSULTANT
a complete list of preliminary data on items for which Shop Drawings are
to be submitted and shall identify the critical items. Approval of this list by
CONSULTANT shall in no way relieve CONTRACTOR 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.
44.3. After the approval of the list of items required in Section 44.2 above,
CONTRACTOR shall promptly request Shop Drawings from the various
manufacturers, fabricators, and suppliers. CONTRACTOR shall include
all shop drawings and other submittals in its certification.
44.4. CONTRACTOR shall thoroughly review and check the Shop Drawings
and each and every copy shall show this approval thereon.
44.5. If the Shop Drawings show or indicate departures from the Contract
requirements, CONTRACTOR shall make specific mention thereof in its
letter of transmittal. Failure to point out such departures shall not relieve
CONTRACTOR from its responsibility to comply with the Contract
Documents.
44.6. CONSULTANT shall review and approve Shop Drawings within fifteen
(15) calendar days from the date received, unless said Drawings are
rejected by CONSULTANT for material reasons. CONSULTANT's
approval of Shop Drawings will be general and shall not relieve
CONTRACTOR of responsibility for the accuracy of such Drawings, nor
for the proper fitting and construction of the work, nor for the furnishing of
materials or work required by the Contract Documents and not indicated
on the Drawings. No work called for by Shop Drawings shall be
performed until the said Drawings have been approved by
CONSULTANT. Approval shall not relieve CONTRACTOR from
responsibility for errors or omissions of any sort on the Shop Drawings.
BID NO: 02-01102 CITY OF MIAMI BEACH
DATE: 11/02/01 93
44.7. No approval will be given to partial submittals of Shop Drawings for items
which interconnect and/or are interdependent where necessary to
properly evaluate the design. It is CONTRACTOR's responsibility to
assemble the Shop Drawings for all such interconnecting and/or
interdependent items, check them and then make one submittal to
CONSULTANT along with its comments as to compliance,
noncompliance, or features requiring special attention.
44.8. 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.
44.9. CONTRACTOR shall submit the number of copies required by
CONSULTANT. Resubmissions of Shop Drawings shall be made in the
same quantity until final approval is obtained.
44.10. CONTRACTOR shall keep one set of Shop Drawings marked with
CONSULTANT's approval at the job site at all times.
45. Field Lavout of the Work and Record Drawinos:
45.1. The entire responsibility for establishing and maintaining line and grade in
the field lies with CONTRACTOR. CONTRACTOR shall maintain an
accurate and precise record of the location and elevation of all pipe lines,
. conduits, structures, maintenance access structures, handholes, fittings
and the like and shall prepare record or "as-built" drawings of the same
which are sealed by a Professional Surveyor. CONTRACTOR shall
deliver these records in good order to CONSULTANT as the Work is
completed. The cost of all such field layout and recording work is
included in the prices bid for the appropriate items. All record drawings
shall be made on reproducible paper and shall be delivered to
CONSULTANT prior to, and as a condition of, final payment.
45.2. CONTRACTOR shall maintain in a safe place at the Project site one
record copy of all Drawings, Plans, Specifications, Addenda, written
amendments, Change Orders, Field 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 shall be
available at all times to CONSULTANT for reference. Upon Final
Completion of the Project and prior to Final Payment, these record
documents, samples and Shop Drawings shall be delivered to the
Contract Administrator.
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DATE: 11/02/01
CITY OF MIAMI BEACH
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45.3. Prior to, and as a condition precedent to Final Payment, CONTRACTOR
shall submit to CITY, CONTRACTOR's record drawings or as-built
drawings acceptable to CONSULTANT.
46. Safety and Protection:
46.1. CONTRACTOR shall be solely responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the
Project. CONTRACTOR shall take all necessary precautions for the
safety of, and shall provide the necessary protection to prevent damage,
injury or loss to:
46.1.1. All employees on the work site and other persons who may be
affected thereby;
46.1.2. All the work and all materials or equipment to be incorporated
therein, whether in storage on or off the Project site; and
46.1.3. Other property at the Project 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.
46.2. CONTRACTOR shall comply with all applicable laws, ordinances, rules,
regulations and orders of any public body having jurisdiction for the safety
of persons or property or to protect them from damage, injury or loss; and
shall erect and maintain all necessary safeguards for such safety and
protection. CONTRACTOR 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 46.1.2 and 46.1.3 above,
caused directly or indirectly, in whole or in part, by CONTRACTOR, any
Subcontractor 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
CONTRACTOR. CONTRACTOR's duties and responsibilities for the
safety and protection of the work shall continue until such time as all the
Work is completed and CONSULTANT has issued a notice to CITY and
CONTRACTOR that the Work is acceptable except as otherwise provided
in Article 29 hereof.
46.3. CONTRACTOR shall designate a responsible member of its organization
at the Work site whose duty shall be the prevention of accidents. This
person shall be CONTRACTOR'S superintendent unless otherwise
designated in writing by CONTRACTOR to CITY.
BID NO: 02-01102 CITY OF MIAMI BEACH
DATE: 11/02/01 95
[X]47.
Final Bill of Materials:
CONTRACTOR shall be required to submit to CITY and CONSULTANT a final
bill of materials with unit costs for each bid item for supply of materials in place.
This shall be an itemized list of all materials with a unit cost for each material and
the total shall agree with unit costs established for each Contract item. A Final
Certificate for Payment cannot be issued by CONSULTANT until CONTRACTOR
submits the final bill of materials and CONSULTANT verifies the accuracy of the
units of Work.
48. Payment by CITY for Tests:
Except when otherwise specified in the Contract Documents, the expense of all
tests requested by CONSULTANT shall be borne by CITY and performed by a
testing firm chosen by CONSULTANT. For road construction projects the
procedure for making tests required by CONSUL T ANT will be in conformance
with the most recent edition of the State of Florida, Department of Transportation
Standard Specifications for Road and Bridge Construction. The cost of any
required test which CONTRACTOR fails shall be paid for by CONTRACTOR.
49. Proiect Sian:
Any requirements for a project sign shall be as set forth within the Technical
Specifications section.
50. Hurricane Precautions:
50.1. During such periods of time as are designated by the United States
Weather Bureau as being a hurricane warning or alert, the
CONTRACTOR, at no cost to the CITY, shall take all precautions
necessary to secure the Project site in response to all threatened storm
events, regardless of whether the CITY or CONSULTANT has given
notice of same.
50.2. Compliance with any specific hurricane warning or alert precautions will
not constitute additional work.
50.3. Additional work relating to hurricane warning or alert at the Project site
will be addressed by a Change Order in accordance with Section 37,
General Conditions.
50.4. Suspension of the Work caused bya threatened or actual storm event,
regardless of whether the CITY has directed such suspension, will entitle
BID NO: 02-01102 CITY OF MIAMI BEACH
DATE: 11/01/01 96
the CONTRACTOR to additional Contract Time as noncompensable,
excusable delay, and shall not give rise to a claim for compensable delay.
51. Cleanina Uo: CITY s Riaht to Clean Up:
CONTRACTOR shall at all times keep the premises free from accumulation of
waste materials or rubbish caused by its operations. At the completion of the
Project, CONTRACTOR 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 CONTRACTOR fails to clean up during the prosecution of
the Work or at the completion of the Work, CITY may do so and the cost thereof
shall be charged to CONTRACTOR. If a dispute arises between CONTRACTOR
and separate contractors as to their responsibility for cleaning up, CITY may
clean up and charge the cost thereof to the contractors responsible therefor as
CONSULTANT shall determine to be just.
52. Removal of Eauipment
In case of termination of this Contract before completion for any cause whatever,
CONTRACTOR, if notified to do so by CITY, shall promptly remove any part or
all of CONTRACTOR'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 CONTRACTOR.
53. Nondiscrimination. Eaual Emoloyment Opoortunity, and Americans with
Disabilities Act:
CONTRACTOR shall not unlawfully discriminate against any person in its
operations and activities or in its use or expenditure of funds in fulfilling its
obligations under this Agreement. CONTRACTOR shall affirmatively comply with
all applicable provisions of the Americans with Disabilities Act (ADA) in the
course of providing any services funded by CITY, including Titles I and " of the
ADA (regarding nondiscrimination on the basis of disability), and all applicable
regulations, guidelines, and standards. In addition, CONTRACTOR shall take
affirmative steps to ensure nondiscrimination in employment against disabled
persons.
CONTRACTOR'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 used as a basis for service delivery.
BID NO: 02-01102
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CONTRACTOR shall not engage in or commit any discriminatory practice in
violation of City of Miami Beach Ordinance No 92.2824 in performing any
services pursuant to this Agreement.
54. Proiect Records:
CITY shall have the right to inspect and copy, at CITY's expense, the books and
records and accounts of CONTRACTOR which relate in any way to the Project,
and to any claim for additional compensation made by CONTRACTOR, and to
conduct an audit of the financial and accounting records of CONTRACTOR
which relate to the Project and to any claim for additional compensation made by
CONTRACTOR. CONTRACTOR shall retain and make available to CITY all
such books and records and accounts, 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, CONTRACTOR shall provide CITY access to its
books and records upon seventy-two (72) hours written notice.
BID NO: 02-01102
DATE: 1l/02/01
CITY OF MIAMI BEACH
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~
j
I
00900. SUPPLEMENTARY CONDITIONS:
BID NO: 02-01/02
DATE: n/02/01
CITY OF MIAMI BEACH
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00920. ADDITIONAL ARTICLES:
[ X] 1.
Prevailina Waae Rate Ordinance.
This Project is not federally funded. City of Miami Beach Ordinance No,
94-2960 provides that in all non-federally funded construction contracts in
excess of one million dollars to which the City of Miami Beach is a party,
the rate of wages and fringe benefits, or cash equivalent, for all laborers,
mechanics and apprentices employed by any contractor or subcontractor
on the work covered by the contract, shall not be less than the prevailing
rate of wages and fringe benefit payments or cash equivalence for similar
skills or classifications of work, as established by the Federal Register, in
the City of Miami Beach, Florida. The provisions of this Ordinance shall
not apply to the following projects:
a. water, except water treatment facilities and lift stations;
b. sewer, except sewage treatment facilities and lift stations;
c. storm drainage;
d. road construction, except bridges or structures requiring
pilings; and
e. beautification projects, which may include resurfacing new
curbs, gutters, pavers, sidewalks, landscaping, new lighting,
bus shelters, bus benches and signage.
[*NOTE: INSERT IF APPLICABLE]
[] 2.
Federal Grant Proiects:
2.1. By virtue of the fact that the funding of this Project will be delivered
in full or in part from the United States government through
, federal assurances must
follow the grant application in addition to any and all supervening
assurances set forth in Rules and Regulations published in Federal
Register or CFR.
2.2. Clauses, terms or conditions required by federal grantor agency are
hereby attached and made a part of this Project Manual.
BID NO: 02-01/02 CITY OF MIAMI BEACH
DATE: 1l/02/01 100
00922. STATEMENT OF COMPLIANCE
(PREVAILING WAGE RATE ORDINANCE NO. 94-2960)
No.
Project Title
Contract No.
The undersigned CONTRACTOR hereby swears under penalty of pe~ury that, during
the period covered by the application for payment to which this statement is attached,
all mechanics, laborers, and apprentices, employed or working on the site of the
Project, have been paid at wage rates, and that the wage rates of payments,
contributions, or costs for fringe benefits have not been less than those required by City
of Miami Beach Ordinance No. 94-2960 and the applicable conditions of the Contract.
Dated ,20___
(Contractor)
By:
(Signature)
By:
(Print Name and Title)
STATE OF )
) SS
COUNTY OF )
The foregoing instrument was acknowledged before me this ___ day of
___________, 20_, by who is
personally known to me or who has produced as
identification and who did/did not take an oath.
WITNESS my hand and official seal, this ______ day of
,20_.
(NOTARY SEAL)
(Signature of person taking acknowledgment)
(Name of officer taking acknowledgment)
(typed, printed or stamped)
(Title or rank)
(Serial number, if any)
My commission expires:
BID NO: 02-01/02
DATE: 11/02/01
CITY OF MIAMI BEACH
101
I's
00923. STATEMENT OF COMPLIANCE
(DAVIS BACON ACT)
No.
Contract No.
ProjectTitle
The undersigned CONTRACTOR hereby swears under penalty of perjury that, during
the period covered by the application for payment to which this statement is attached,
all mechanics, laborers, and apprentices, employed or working on the site of the
Project, have been paid at wage rates, and that the wage rates of payments,
contributions, or costs for fringe benefits have not been less than those required by the
Davis Bacon Act and the applicable conditions of the Contract.
Dated
,20_
Contractor
By:
By:
(Signature)
(Print Name and Title)
STATE OF
)
) SS
)
COUNTY OF
The foregoing instrument was acknowledged before me this
, 20_, by
personally known to me or who has produced
identification and who did/did not take an oath.
WITNESS my hand and official seal, this ____ day of
day of
who is
as
,20__.
(NOTARY SEAL)
(Signature of person taking acknowledgment)
(Name of officer taking acknowledgment)
(typed, printed or stamped)
(Title or rank)
(Serial number, if any)
My commission expires:
BID NO: 02-01102
DATE: U/02/01
CITY OF MIAMI BEACH
102
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GENERAL DECISION PLOi00Dl 10/26/2001 FL1
Date: October 46. 2001
General Decision Number FL010DOl
Superseded General Decision ~o. FL000001
State: Florida
construction Type:
BUILDING
CountyCies) :
DADE
BUILDING CONSTRUCTION PROJECTS (does ;oot include single
family homes and apartment,s up to and including four
(4) stories}
Modification Number
o
1
2
3
4
5
6
7
8
COUNTY(ies) :
DADE
Publication Date
03/02/2001
03/09/2001
03/30/2001
OS/25nOOl
06/01/2001
07/06/2001,
09/07/2001
10/12/2001
10/26/2001
AsaSOOQOA 09/0l/2001
ASBESros WORX~S/~T AND FROST
INSULATORS
ELEC0349A 09/01/2.001
:Rates
Fringes
24.9$
6.46
Rates
Fringes
ELECTRICI~S (InCluding Fire Alarm
InstaUaUon) :
Electrical co;otracts including
materials that are less than
$2.000,000
20.50
4.10 + 8%
Electrical contracts including
mate:r-ials tbat are ova:r-
.$2,000 1000
22.96
4.10 + Bt
* ELEV007~ 11/0112000
----------------------.------------------------------------------
BLBVATOR MBCHANJCS
R~tes
24.395
Fringes
7.085+1l.
FOOTNOTE FOR EL~TOR CONSTRUCTORS:
A~ Employer cont:r-ibutes at basic hourly rata tor S years
or more of service or 6' basic hourly rate for 6 months
to 5 years of service as Vacation Pay Credit; Paid
'http://frwebgate.8ccesS.gpo.gov/cgi-binlgetdoc.cgi?dbname=Davis-Bacon&docid=FLO 1 ()(){ 1110 1 /2001
CITY OF MIAMI BEACH
103
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Hol idays.: New Year's Day; Memorial Da.y; Independence
Day; Thanksgiving Day; Christmas Day, plus the Friday
after Thanksgiving.
ENGI0487A 1.0/01/2001
POWER EQUIPMENT OPERATORS:
Boom Truck operator
Crane (Including Truck Crane)
Crane Oiler (Including Truck Crane)
piledrivers
lRON0272B 10/01/2001
IRONWORKERS:
Ornamental
Reinforcing
Structural
PLUM0519A 03/16/2000
PLUMBERS
* PLUM0725A 08/14/2001
PIPEFI"I'TERS (Including HVAC}
SFFL082LA 06/30/2001
SPRINKLER FITTERS
SHEE0032C 09/02/2001
SREET METAL WORKERS (Including
HVAC duct work)
SUFL1027A 03/04/1.999
ACOUSTICAL TILE It~STALLER.
BRICKLAYERS/BLOCKLAYERS
CARPENTERS (Including Drywall Hanging
and Batt Installation)
CARPJ:.""l' LAYERS
CEMEN'r MASONS/CONCRETE FINISHERS
DRYWALL FINISHERS
GLAZIERS
I.ABORERS:
unskilled {Including Mason Tending)
Pipe layers
Plasterer Tenders
PAINTERS, BRUSH
PLAS'l'ERERS
PQ'"JlER EQUIPMENT OPERATORS:
Backhoe
Bulldozer
Grader
Rates
Fringes
1.9.23
22.40
1.6.15
1.9.25
3,40
3.40
3.40
3.00
Rates
Fringes
18.25
18.25
18.25
4.20
4.20
4.20
Riltes
20.25
Fringes
4.60
Rates
22.85
Fringes
6.50
Rates
21.35
Fringes
6.~7
Rate's
Fringes
21. 60
6.36
Rates
10.00
~5.36
Fringes
0,62
12.90
14.25
14.50
12.50
13.05
2.40
3.1.5
2.42
8.70
13.81
10.09
9.61
15.05
15.71
14.58
1.5.93
2.85
2.85
2.85
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-B8c.()n&docid-=FLO t 000 1 11/01/200 1
CITY.oF MIAMI BEACH
104
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Loader
Concrete Pump Operator
Roller
ROOFERS
TILE SET'l'ER
TRUCK DRIVERS
15.04 2.85
14.'78
12.84 2.85
9.99
12.50 0.8'7
10.95 1.83
WELDERS - Receive ra.te prescribed for craft performing operation
to which welding is incidental.
..K_.a._.a..._...K.~..........m_=g____~_.=g~.....a____._=g..a_~m
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29 CFR 5.5(a) (1) (v)).
In the listing above, the "sun designation means that rates
listed under that identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This Can
be:
· an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a
position on a wage determination matter
* a conformance {additional classification and rate}
ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.>
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the eranch
of ConstL"Uction Wage Determinations. Write to:
Branch of Construction Wage Determinations
wage and Hour Division
U. S. Department of Labor
200 constitution Avenue, N. W.
Washington, D. C. 20210
2.) If the answer to the question in 1.} is yes, then an
interested party {those affected by the action) can request
review and reconsideration from the wage and Hour Administrator
(see 29 CFR Part 1.B and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N. W.
washington, D. C. 20210
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid'""FLO 1. 000 1 11/01/200l
CITY OF MIAMI BEACH
105
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The request should be accompanied by a full statement of the
interested party's position and by any information (wage payment
data, project description, area practice material, etc.) that the
requestor considers-relevant to the issue.
3 .) If the decision of the Administrator is not favorable., an
interested party may appeal directly to the Administrative Review
Board (fol~rly the wage Appeals Board). write to:
Administrative Review Board
U. S. Department of Labor
200 constitution Avenue, N. W.
washington, D. C. 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
Ohttp://frwebgate.access.gpo.gov/cgi-binlgetdoc.cgi?dbname==Davis-Bacon&docid=FLO 1 000 1 11/01/2001
CITY OF MIAMI BEACH
106
00925. CERTIFICATE OF SUBSTANTIAL COMPLETION:
PROJECT:
(name, address)
CONSULTANT:
BID/CONTRACT NUMBER:
TO (CITY):
CONTRACTOR:
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 CONTRACTOR
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.
BID NO: 01-01/02
DATE: 11/02/01
CITY OF MIAMI BEACH
107
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 CONTRACTOR 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.
CONSULTANT
BY
DATE
In accordance with Section 2.2 of the Contract, CONTRACTOR 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
designated by CITY as substantially complete and will assume full possession thereof at
~m~on ~~~.
City of Miami Beach, Florida
By Contract Administrator Date
The responsibilities of CITY and CONTRACTOR for security, maintenance, heat,
utilities, damage to the work and insurance shall be as follows:
BID NO: 02-01102
DATE: 11/02/01
CITY OF MIAMI BEACH
108
00926. FINAL CERTIFICATE OF PAYMENT:
PROJECT:
(name, address)
CONSUL TANT:
BID/CONTRACT NUMBER:
TO (CITY):
CONTRACTOR:
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
BID NO: 02-01102
DATE: 11/02/01
CITY OF MIAMI BEACH
109
00930. FORM OF FINAL RECEIPT:
[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 CONTRACTOR 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.
CONTRACTOR hereby indemnifies and releases CITY from all liens and claims
whatsoever arising out of the Contract and Project.
CONTRACTOR 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 certification
regarding payment for work, materials and supplies, CONTRACTOR may submit a
consent of surety to final payment in a form satisfactory to CITY.
CONTRACTOR 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.]
CONTRACTOR
ATTEST:
(Name of Corporation)
By:
(Secretary)
(Signature)
(Corporate Seal)
(Print Name and Title)
_ day of
,20_.
F:\A TTO\AGUR\AGREEMNl\frontend\stdfrm. frtend,fnI.doc
BID NO: 02-01/02
DATE: 11/02/01
CITY OF MIAMI BEACH
110
[If not incorporated sign below.]
WITNESSES:
F:\ATTO\AGUR\AGREEMNnfrontend\stdfrm.frtend.fnl,doc
BID NO: 01-01/02
DATE: 11/02/01
CONTRACTOR
By:
(Name of Firm)
(Signature)
(Print Name and Title)
_ day of
,20_.
CITY OF MIAMI BEACH
111
[X] 00950. DRAWINGS INDEX:
I. Drawings/Plans for the Construction of the City of Miami Beach
Regional Library prepared by Borelli and Associates Architects Planners,
PA.
* NOTE: Plans are available for this bid but must be ordered through T-
Square Miami (305) 324-1234. The attached order form on page 10 of this Bid
package must be completed and returned to T -Square Miami before prospective
bidders will receive requested plans and specifications. Please see the following
page for a listing of all plans included in this bid.
BID NO: 02-01102
DATE: 1l/01/01
CITY OF MIAMI BEACH
112
DRAWING LIST
SURVEYS
f1/fJ1/f>> Iaml.r iW:....... 0, Ba:t,.....z.-JIr:.......-.
04/19'" Iamf lWdlllIiOfllladr2, P.B ~ PO 71c"l1lilk: QtWIly IIalaD.
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LANDSCAPE
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ARCHI'IECTURAL
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AWl t...a..... CITYOFMIAMl BEACH
113
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AW JiafIldar..... DalItIo
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AW MlwalkDGIII
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AUo1k ~........ c.c-".DeIIIt
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AIM ...............
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IQ,O G...-tNocle
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JI.GCD BV.AC~tcpa.arGll.alH...
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!\OlD ~~....NaII!I"'1 r - 11-
NlD .........
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pp.q ..........tapt\............
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fNll1 o.o..ll!lDot BIa-1'IIt........1.IIa
l'NIIZ ......- Rlml'lala:llka_
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B<<lD .,....1orptI, GIMal........1tIIJe:tI,
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...lOt JlilltRtlGd..... JIIIII.
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B-1Ot s-.ll'lDar~"
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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 changes to the
Contract Documents.
BID NO: 02-01/02
DATE: 11/02/01
CITY OF MIAMI BEACH
114
02000. TECHNICAL SPECIFICATIONS:
II. Specifications prepared by Borelli and Associates Architects Planners, PA.
* NOTE: Specifications are available for this bid but must be ordered
through T-Square Miami (305) 324-1234. The attached order form on page 10
of this Bid package must be completed and returned to T -Square Miami before
prospective bidders will receive requested specifications. The following page has
the Table of Contents of all sections included within the Technical Specifications.
BID NO: 02-01102
DATE: 1l/02/01
CITY OF MIAMI BEACH
US
I
I
MIAMI BEACH REGIONAL LIBRARY
CONSTR.UcnON SPF..cJFICA nONS
AUGUST 1.2001
TABLE OF CONTENTS
DIVISION I. GENERAL REQUIREMEl"<.'TS
01010 SUMMARY OF WORK
()l012 Nl.C. ITEMS
01045 CUTTING & "PATCHING
01050 FIELD ENGINEERING
01060 REGULATORY REQUIREMENTS & PEIUdITS
01070 ABBREVJATIONS
01090 REFERENCE
OIlS2 APPLlCATIONSFORPAYM~l'
01200 PROJECT MEETINGS
01210 ALLOWANCES
01250 CONTRAL'T MODIFICATION PROCEDURES
01310 PROJECTMANAOEMENT ANDCX)QRDINATION
01311 SCHEDULE..~ AND REPORTS
01320 CONSTRUCTION PROGRESS DOCUMENTATION
01330 SUB~lITI At PROCIIDURES
01340 SHOP DRAWINGs.. PRODUCT DATA AJ\"'D SAMPLES
01380 CONSTRUCTION PHOTOORAPHY
01400 QUALITY CONTROL
01410 TESTING lABORATORY SERVlQ!S
01500 TEMPORARY FAOLl11ES AND ("'ONTROI.S
O1S05 MOBILIZATION, SITE PREPARA lION AND DEMOBllJZATION
01510 TEMPORARY UTILITIES
01520 CONS1'RUcnON AIDS
01:530 PROTECTION OF EXISTING FACILITIES
0155() SITE ACCESS AND STORAGE
01580 PROJECf lDlThil1FlCATION 810."1
(lIS90 CONTRACTOR. PROGRAM MANAOER.iCONSULTANTS flEW OFFJCES
01600 MATERIAL AND EQlilPMENT
01660 EQUIPMENT TESTING AND STARTIJP
01700 coNTRAcra.osEour
01710 CLEANING
01720 PROJECf RECORD DOCUMEJ\I'TS
01730 OPERATING A}..Tf> MAINTP.NANCE DATA
01740 WARRANTIES, GUARANTBES AND BO}ms
01770 CLOSEOUTPRQCEDURES
01820 DEMONSTRA nON AND TRAINING
DIVISION 2 ~ SITE COl\"STRUCfION
02080
02300
02361
Q2510
02511
02514
02530
02630
02751
02760
<l2780
02810
TABLE OF CONT6Nl'S
llTJUIY MATER1Al.S
EARTHWORK
TERMITE CONTROL
WA TEa DISTRIBUTION
HOT-MIX ASPHALT PAVING
CONCRETB PAVING
SANITARY SBWERAGB
STORM DRAINAGE
CONCRETE CEMENT PA VING(CURB)
SITE P.URt.ilSHINQ
UNIT PAVERS
IRRIGAnON SYSTEM
CITY OF MIAMI BEACH
116
Page 1 of4
MIAMI BEACH REGIONAL LIBRARY
CONSTRUcnON SPECIFICATIONS
02900 LANDSCAPE
DIVISlON 3 - CONCRETE
03300 CAST -IN.PLACE CONCRETE
DIVISION 4 - MASONRY
04200 CONCRETE UNIT MASONRY
04210 TERRA COITA MASONRY VENEER
0472.0 CAST STONE
04&51 DIMENSION STONE CLADDING
DIVISION 5 - Mrl'ALS
05200 S1EEL JOISTS AND JOIST GIRDERS
05300 METAL DECK AND STUD SHEAR CONNECTORS
05500 METALFABRlCATIONS
05521 PIPE AND TUBE RAIUNGS
05720 ORNAMENTAL HANDRAILS AND RAILINGS
DMSlON 6 - WOOD AND PLASTICS
06100 ROUGH CARPENTRY
06130 HEAVY TIMBER CONSTRUCTION
06402 INTERIOR ARailTECTURAL WOODWORK
DIVISION 7 . THERMAL AND MOISI'URE PROTECnON
07131 SELF-ADHERING SHEET WATERPROOFING
07142 HOT FLUID-APPLIED W ATERPROOFJNG
07]80 TRAmCCOATlNGS(WATERPROOFING)
07210 BUILDING [NSULATlON
()7552 SBS-MODIFIED BITUMiNOUS MEMBRANE ROOFING
07620 SHEET METAL FLASHING AND TRIM
07720 ROOF ACCESSORJES
07841 llJROUGH-PENETRATJON FlRESTOP SYSTEMS
07920 JOINT SEALANTS
DIVISION 8 - DOORS AND WINDOWS
08] 10 STEEL [X)()RS AND FRAMES
08211 FLUSH WOOD DOORS
08212 STILE AND RAIL WOOD()(X)RS
08311 ACCESS DOORS AND FRAMES
08346 SOUND CONTROL DOORS
08410 ALUMINUM ENTRANCES AND STOREFRONTS
08520 ALUMINUM WINDOWS
08710 DOORHARDWARE
08800 GLAZING
TABLE OF CONTENTS
CITY OF MIAMI BEACH
117
AUGUST 1.2001
Paee 20f4
M1AMI BEACH REGIONAL LIBRARY
CONSTRUCTION SPECJFrc'A nONS
DIVISlON 9 - J:01NL.~
09215 GYPSUM VENEER PLASTER
09220 PORTLAND CR.\fENT PLASTER
09260 GYPSUM BOARD ASSEMBLIES
09265 GYPSIJM BOARD SHAFT-WALL ASSEMBUF..~
09271 GLASS-REll'l"FORCED GYPSUM FABRICATIONS
09310 CERAMJC TILB
09400 TERRAZZO
0951 1 A<"l)U~JICAL PANEL CEILINGS
09S80 WMlNOlJS CElUNGS
09640 WOOD FLOORING
09651 RF.sILIENT TILE FLOORING
09653 RESILIENT WALL BASE AND ACCESSOR!E..f.i
09654 UNOLEUM FUX>R OOVERINGS
<l968O CARPET
O9m STRETOiED-FABRIC WALL SYSTEMS (ACOUST. PANEL)
09900 P AI1\TTING
DMSION 10- SPEaALTIES
10155 TOILET COMPARTMENTS
10200 LOUVERS AND VENTS
10425 SIGNS
10505 tv1ETALI..OCKERS
10520 FIRE-PROTECfEON SPFnALllES
10651 OPERABLE PANEL PARTITIONS
10750 TELEPHONESPEClALTIES
10801 TOILET ANDBATHACCE..~SORlES
DIVISION 11- F.QUIPMINI'
11132 PROJElCl1ON SCREENS
DIVISION 11- FURNI~
12485 I'UOTGRILLES
12494 ROlLER SHADBS
DIVISlON 13- SPE<""1AL COl'i"STRUCflON
13155 ARCHITBCI'URAL FOlThi'TAINS
DIVISION 14- CONVEYING SYSTEM..~
14240 RYDRAUUCELEVATORS
TABLE OF CONTENTS
CITY OF MIAMI BEACH
118
AUGUST 1.2001
Page 3 of 4
MIAMI BEACH REGIONAL LIBRARY
CONSTRUcnON SPECJF1CA TIO~"S
DIVISION 15 - MtX::IIANlCAL
AUGUST 1.2001
150to BASIC MECHA1'l1CAL REQUIREMENTS
15030 ElI0RlCAL REQlJJRBMENTS FOR MECHANICALEQLlPMENT
15050 BASIC MECHA...\HCAL MATERIALS AND METIiODS
15060 PIPE AND FITTINGS
15100 VAL~
15120 PIPING SPECIALTIES
15160 PUMPS
15240 VIBRA TJON ISOLATION
15250 THERMAL INSULATION
15300 FIRE PROTECTION
15410 IUJMBING 'PIPING SY~'TEM
15510 HYDRONICPIPINGSYST&\i
15680 WATER CHIU,ER
15690 OOCI' l\.10UNTED HEATER
15800 AIR HA.",,'DLING UNIT
15860 FANS
15870 AIRINTAKEANDREUEFVENT
15880 AIR DISTRJBU'nON
.15885 AIR FILTER
15890 DUCTWORK
15910 DUcrWORK. SPECIALTIES
15930 TERMINAL lTh1T
15950 CONTROLS
15955 SEQlfENa3 OF OPERATIONS
15990 PERFORl\.1ANCE VERIFICATION
DIVISION 16 - ELECfRlCAL
16010 BASIC ELF..GfRlCAL REQU1R.EMENTS
16020 TESTS &. PERFORA'1NCE VER.IFICA TION
16030 ELECTRICAL IDENTIFICATION
16110 RACEWAYS AND CONDUIT
16120 WlRESANDCABLBS
16130 otm..ET BOXES
16140 WIRlNGDEVlCES
16450 GR()lJ"N1J1NG
16460 TRANSFORi\1ERS
16470 PANELBOARDS
16480 MOTORS AND MOTOR CONTROLS
16500 UGHTlNG
16600 COMPUTER DISTRIBUTION SYSJ'HM
16709 SURGE SUPRESSION, BONDING &. GRom-.'DING
16720 ADDRESSA8LE ARE ALARt\f SYSTEM
16740 RACEWAY SYSTEMS
TABLE OF CONTBN1."S
CIlY OF MIAMI BEACH
119
Page4of4
THE AMERICAN INSTITUTE OF ARCHITECTS
'I
AM Document .AltO
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, that we
..... ~ ..... - .... ....... fH .... lhle 01 CoMncIIMt
The Tower Group, Inc.
as Principal, hereinafter called the Principal, and
..... -.wt ... __ .. ..... fH ..... .lIde .. .......
National Union Fire Insurance Co. or Pittsburgh, PA
a corporation duly orpni,zed under the laws of the State of Pennsylvania
as Surety, hereinafter called the Surety, are held and firmly bound unto
..... -.wt fuI _ .... .... fH ..... ..de .. o-t
City of Miami Beach, Florida
as ObUpe, hereinafter called the Obllpe, in the sum of
Two Hundred Thousand & No/100---- 0011ars ($ 200,000.00 ),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ounelves, our heirs, executors, administrators, successors and assIps, jointly ancIlfterally, firmly by
these presents.
WHEREAS, the Principal hu submitted a bid for
.......... WI _. ......... ~1,t1.n .........
Bid No. 02-01/02 - Construction of the City of Miami Beach Regional Library 0
Miami Beach, Florida
NOW. T H El E F 0 IE, If .... 0bU... shall ICCePt the bid 01 the Princlpallftd the Principal shall enlet inlO . ContNct
with the ObIi... In KC'OI'dance with the tennI 01 .uch bid, ucI aM such bond or bonds .. may be specifted in .... ........
or ContrKt Documents willi IOOd md IUfRcient IUNIy fo, the ..Ithful ,..fonnInce of IUCh ConIIact .... for the .....
payment of !mo, and materi.r furnltMd 1ft the prosecution ....., or In. the ..... of .... "'1uN of the Principal .. ....
such Contract and pe such bond or bond., if the Principal shill ,., to .... 0bIiIIe the ....iQ not .. ..... the ~
hereof be...., .... III'lOUftt specified In ..id bid aM IUCh Iarpr amount for which .... ObI... Ny 1ft .... faith CDnIrIld
with another party 10 perfonn the Work covered by ..id bid, .... Ihia obIiplioft shalt be null and void, ocheIMie to .....
In fuR fora and .....
I
$Iped and sealed this
20th
day of Decemb,er
2001
. j
The Tower Group, Inc.
t4l1fA~ V ~
.,-.~ 1
,.', '-'1 --.!' / Natioual F(re Insurance Co. of Pittsbur~h. PA
. .~ r-.-?-/..b/;J~ (Seney}
/ (Wllneul /K/J.all!tb//bA
Mary C. Aceves, fft~rney-in-Fact
tSeIII
j, "
(SftIJ
AlA DOCUMINT AN. .'0 IONO . AlA . - Rl&UARY ... EO -tHE AMdICAM
INSTITUTI 01 ARCHITECTS. 1m N.Y. AYE., NoW., WASHINGTON, O. C. ..
1
I .
American Home Assurance Company
National Union Fire Insurance Company of Pittsburgh, Pa.
Principal Bond Office: 70 Pine Street, New York, NY 10270
POWER. OF ATTORNEY
No. IO-B-34863
KNOW ALL MENDY THESE PRESENTS:
That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa.,
a Pennsylvania corporation, does each hereby appoint
---Charles J. Nielson, Charles D. Nielson, Warren M. Alter, Mary C. Aceves,
Gloria McClure; Laura L. Clymer, John Barnes: or Miami Lakes, Florida -
its true and lawful Attomey(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings. recognizances and other
contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the respective
company thereby.
IN WITNESS WHEREOF. American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa.
have each executed these presents
this 24111 day of July, 20Q.!..
ST A TE OF NEW YORK }
COUNTY OF NEW YORK }ss.
On this 24th of July, 20Q.,L before me came the above-
named otlicer of American Home Assurance Company and National
Union Fire Insurance Company of Pittsburgh, Pa., to me personally
known to be the individual and officer described herein, and
acknowledged that he executed the foregoing instrument and affixed
the seals of said cOl1)orations thereto by authority of his office.
)~L~
~~p_"YM
~In~~
&pKi$_t:l.~
CERTIFICATE
Excel1)ts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of
Pittsburgh. Pa. on May 18, 1976:
"RESOLVED, that the Chairman of the Board. the President. or any Vice President be, and hereby is. authorized to appoint Attorneys-in-Fact to
represent and act for and on behalf of the Company to execute bonds, undertakings. recognizances and other contracts of indemnity and writings
obligator)" in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business:
"RESOLVED. that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to
any certificate relating thereto by facsimile. and any such Power of Attorne)' or certificate bearing such facsimile signatures or facsimile seal shall be
valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing
obligatory in the nature thereof;
"RESOLVED, that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such
certification the date thereof, said date to be not later than the date of delivery thereof by such Attomey-in-Fact."
I, Elizabeth M, Tuck, Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh, Pa. do
hereby certify that the foregoing excel1)ts of Resolutions adopted by the Boards of Directors of these cOl1)orations. and the Powers of Attorney
issued pursuant thereto. are true and correct, and that both the Resolutions and the Powers of Attorney are in full force and effect.
IN WITNESS WHEREOF, ( have hereunto set my hand and affixed the facsimile seal of each COl1)oration
@"i
.~)
. I.-
~~.
~
~
this 20th day of December , 2001.
.. .",.~
Elizabeth M. Tuck, Secretary
65166 (4199
r
r-."
I
03000. BID PROPOSAL FORM
BID No. 02-01/02
BID PROPOSAL FOR
Construction of the City of Miami Beach Regional Library
(BID FORM)
~.
I
The work to be performed under this Contract shall consist of furnishing all equipment
materials, supplies, and manufactured articles for furnishing all transportation and services,
including fuel, power, water and essential communications, and for the performance of all
labor, work, or other operations required for the fulfillment of the Contract in strict accordance
with the Contract Documents.
Total Lump Sum: $- ~ /9..5', () (O~. 00
Seve.,.J M 1(,("10,,",, or-Je ~cJ "'1)2e~ N,,.,.y- F\V~ -r"/OU.!>AN 0 ~1)lT'y-,..JJJ..-I~ fi;.1VD 0-
Written Amount
- ~
The sum of these line items necessarily do not have to match the lump sum bid price.
This information will be used for informational purposes.
Division 1 - General Requirements $ 7/2. I ooa.~)(
Division 2 - Site Construction $ 2." z J ooo.Je;,
.
~
Division 3 - Concrete $ I J 403 J 000. oy)t'
Division 4 - Masonry $ 7/1 , oo".~ I
~Q l..
Division 5 - Metals $ I 7/, t:>oo. ~)/
~
Division 6 - Wood and Plastics $ ~ 00. 000. X)I' I ~
~
Division 7 - Thennal and Moisture Protection S I ~ S-. 00 d. X'y .
I
i
~S6. ooo..~ I .
Division 8 - Door and Windows $ l.
BID NO: 02-01102 CIlY OF MIAMI BEACH ~ended. 12117~1
DATE: 11/02~1 120
.'1
I
I
03000. BID PROPOSAL FORM (Cont)
BID No. 02-01102
BID PROPOSAL FOR
Construction of the City of Miami Beach Regional Library
(BID FORM)
~ i
1
The work to be performed under this Contract shall consist of furnishing all equipment
materials, supplies, and manufactured articles for fumishing all transportation and services,
including fuel, power, water and essential communications, and for the performance of all
labor, work, or other operations required for the fulfillment of the Contract in strict
accordance with the Contract Documents.
Division 9 - Finishes '$ 757. ooo.~J'
.
Division 10 -Specialties $ S3 IOoo.c;?;y
Division 11 - Equipment $ .3 , 8()(r. ~y
Division 12 - Fumishings $ 80 , 000. ~,.,
.
Division 13 - Special Construction $ . . ~
IS ~ . (j 00. X")f
I
Division 14 - Conveying Systems $ 9". ODO.~y
.
~
Division 15 - Mechanical $ B 2.8 , "a o. )C
,
. ~
Division 16 - Electrical $ 8 '1'-/ I 606. "}Cy
~
,
BID NO: 02-01102
DATE: 11/02101
CITY OF MIAMI BEACH
121
Amended, 12/17/01
u
04000. ACKNOWLEDGEMENT OF ADDENDA
Invitation for Bid No. 02-01/02
Directions: Complete Part I or Part 11, whicheyer applies.
Part 1: Listed below are the dates of issue for each Addendum received in connection
with this Bid:
Addendum No.1, Dated November 16, 2001 - Copy attached
Addendum No.2, Dated November 19, 2001 - Copy attached
Addendum No.3, Dated November 26, 2001 - Copy attached
Addendum No.4, Dated December 06,2001 - Copy attached
/
Addendum No.5, Dated December 17, 2001 - Copy attached
Addendum No.6, Dated December 20, 2001 - Copy attached
Part II:
No addendum was received in connection with this Bid.
Verified with Procurement staff
Name of Staff
Date
The Tower Group, Inc. c/o Anthony J. Burke
Bidders- Name
December 21, 2001
Date
"p
Signature
BID NO: 02-01102
DATE: 11/02/01
CITY OF MIAMI BEACH
122
Amended. 12/17101
CUSTOMER REFERENCE LISTING
Construction of the City of Miami Beach Regional Library
CUSTOMER REFERENCE LISTING
05000.
Contractors shall furnish the names, addresses, and telephone numbers of a minimum
of eight (8) firms or goyemment organizations for which the Contractor is currently
furnishing or has furnished, similar services. Prospectiye Bidder (General Contractor)
must have minimum of 5 years experience in providing similar type/size scope of work as
indicated in the Technical Specifications.
1)
Company Name
Address
Gold Krown Development
201 Alhambra Circle, 8th Floor Coral Gables
Ronald Krongold I $28 million
Contact Person/Contract Amount
305-446-3033
Telephone Number
2)
Company Name
Address
SunTrust Bank
135 West Central Blvd., Suite 300 Orlando, FL
Ben Kraljev I $2.1 million
Contact Person/Contract Amount
Telephone Number 407-237-5313
3)
Company Name
Address
UPS (United Parcel Service)
5335 Triangle Parkway #500 AUanta, GA
Mike Chavez I $7 million
Contact Person/Contract Amount
Telephone Number
4)
Company Name
Address
770-417-2072
Clay County School Board
900 Walnut Street Jacksonville, FL
Contact Person/Contract Amount
Sandy Grant I $22.7 million
Telephone Number 904-272-8100
BID NO: 02-01102
DATE: 11/02/01
CITY OF MIAMI BEACH
123
Amended, 12/17101
..,.
CUSTOMER REFERENCE LISTING
Contractors shall furnish the names, addresses, and telephone numbers of a minimum
of eight (8) firms or government organizations for which the Contractor is currently
furnishing or has furnished, similar services. Prospective Bidder (General Contractor)
must have minimum of 5 years experience in providing similar type/size scope of work as
indicated in the Technical Specifications.
5)
Company Name
Address
Duval County School Board
1701 Prudential Drive, Room 546 Jacksonville, FL
Contact Person/Contract Amount
Telephone Number
6)
Company Name
Address
Bob McVeigh I $12 million
904-264-1919
Dole Fresh Flowers
10055 Northwest 12th Street Miami, FL
Contact Person/Contract Amount
Telephone Number
7)
Company Name
Address
Scott Greenwood I $19.1 million
800-333-1223
Tech Data Corporation
5301 Tech Data Drive Clearwater, FL
Dick Beichner I $13 million
Contact Person/Contract Amount
Telephone Number
8)
Company Name
Address
727-538-7810
LEASA Industries
2450 NW 76th Street Miami, FL
Contact Person/Contract Amount Andrew Yap I $3.3 million
Telephone Number
BID NO: 02-01102
DATE: 11/02/01
305-696-0651
CITY OF MIAMI BEACH
124
Amended. 12/17/01
06000.
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 agencies 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.
Departmental personnel means the City manager, all assistant City managers, all
department heads, the City attorney, chief deputy City attorney and all assistant City
attorneys; however, all departmental personnel when acting in connection with
administrative 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 such 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: 02-01102
DATE: 11/02101
CITY OF MIAMI BEACH
124
I
Sec. 2-482. Registration.
(a) 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.
(b) 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.
(c) 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
or more ownership interest in such corporation, partnership, or trust.
(d) Separate registration shall be required for each principal represented on each
specific issue. Such issue shall be described with as much detail as is practical,
including but not limited to a specific description where applicable of a pending
request 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.
(e) Each person who withdraws as a lobbyist for a particular client shall file an
appropriate notice of withdrawal.
(f) 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.
(g) 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.
(h) 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
BID NO: 02-01101
DATE: 11/02/01
CITY OF MIAMI BEACH
125
I
organization, a neighborhood or homeowner association, a local chamber of
commerce or a trade association or trade union), without special compensation
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, 9 3, 3-4-92; Ord. No. 92-2785, 93,6-17-92)
BID NO: 01-01102
DATE: 11/02/01
CITY OF MIAMI BEACH
126
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 available 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, ~~ 4,5,3-4-92; Ord. No. 92-2785, ~~ 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, ~ 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
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
BID NO: 02-01102
DATE: 11/02/01
CITY OF MIAMI BEACH
127
findings, if necessary, and submit any written material in defense to the city
commission. The city commission may reprimand, cen$ure, 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; Ord. No. 92-2785, ~ 7,6-17-92)
BID NO: 02-01/02
DATE: 11/02/01
CITY OF MIAMI BEACH
128
DIVISION 4. PROCUREMENT
Sec. 2-486. Cone of silence.
(a) Contracts for the provision of goods, services, and construction projects other
than audit contracts.
(1) Definition. "Cone of silence" is hereby defined to mean a prohibition on: (a) any
communication regarding a particular request for proposal ("RFP"), request for
qualifications ("RFQ"), request for letters of interest ("RFLI"), or bid between a
potential vendor, service provider, bidder, lobbyist, or consultant and the city's
administrative staff including, but not limited to, the city manager and his or her
staff; (b) any communication regarding a particular RFP, RFQ, RFLI, or bid
between the mayor, city commissioners, or their respective staffs, and any
member of the city's administrative staff including, but not limited to, the city
manager and his or her staff; (c) any communication regarding a particular RFP,
RFQ, RFLI, or bid between a potential vendor, service provider, bidder, lobbyist,
or consultant and any member of a city evaluation and/or selection committee;
and (d) any communication regarding a particular RFP, RFQ, RFLI or bid
between the Mayor, City Commissioners or their respective staffs and any
member of a city evaluation and/or selection committee. Notwithstanding the
foregoing, the cone of silence shall not apply to competitive processes for the
award of CDBG, HOME, SHIP and Surtax Funds administered by the city office
of community development, and communications with the city attorney and his or
her staff.
(2) Procedure.
a. A cone of silence shall be imposed upon each RFP, RFQ, RFLI,
and bid after the advertisement of said RFP, RFQ, RFLI, 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 shall include in any public solicitation for
goods and services a statement disclosing the requirements of this
division.
The cone of silence shall terminate a) at the time the city manager
makes his or her written recommendation as to selection of a
particular RFP, RFQ, RFLI, or bid to the city commission, and said
RFP, RFQ, RFLI, or bid is awarded; provided, however, that
following the Manager making his or her written recommendation,
the cone of silence shall be lifted as relates to communications
between the Mayor and Members of the Commission and the City
Manager; providing further if the city commission refers the
manager's recommendation back to the city manager or staff for
further review, the cone of silence shall continue until such time as
the manager makes a subsequent written recommendation, and the
particular RFP, RFQ, RFLI, or bid is awarded or b) in the event of
contracts for less than $25,000 when the city manager executes the
contract.
b.
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(3) Exceptions. The provisions of this ordinance shall not apply to: (a) oral
communications at pre-bid conferences; (b) oral presentations before
evaluation committees; (c) contract discussions during any duly noticed
public meeting; (d) public presentations made to the city commissioners
during any duly noticed public meeting; (e) contract negotiations with city
staff following the award of an RFP, RFQ, RFLI, or bid by the city
commission; or (f) 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, RFLI, or bid documents; or (g) 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 Commission meeting. The bidder,
proposer, vendor, service provider, lobbyist, or consultant shall file a copy
of any written communications with the city clerk. The city clerk shall make
copies available to any person upon request.
(b) Audit contracts.
(1) "Cone of silence" is hereby defined to mean a prohibition on: (a) any
communications regarding a particular RFP, RFQ, RFLI, or bid between a
potential vendor, service provider, bidder, lobbyist, or consultant and the mayor,
city commissioners or their respective staffs, and any member of the city's
administrative staff including, but not limited to the city manager and his or her
staff, (b) any oral communication regarding a particular RFP, RFQ, RFLI, or bid
between the mayor, city commissioners or their respective staffs and any
member of the city's administrative staff including, but not limited to, the city
manager and his or her staff; and (c) any communication regarding a particular
RFP, RFQ, RFLI, or bid between a potential vendor, service provider, bidder,
lobbyist, or consultant and any member of a city evaluation and/or selection
committee; and (d) any communication regarding a particular RFP, RFQ or bid
between the Mayor, City Commissioners or their respective staffs and any
member of a city evaluation and/or selection committee. Notwithstanding the
foregoing, the cone of silence shall not apply to communications with the city
attorney and his or her staff.
(2) Except as provided in subsections (b)(3) and (b)(4) hereof, a cone of silence
shall be imposed upon each RFP, RFQ, RFLI, or bid for audit services after the
advertisement of said RFP, RFQ, RFLI, or bid. At the time of the imposition of the
cone of silence, the city manager or his or her designee shall provide for the
public notice of the cone of silence. The cone of silence shall terminate
a) at the time the city manager makes his or her written recommendation as to
selection of a particular RFP, RFQ, RFLI, or bid to the city commission, and
said RFP, RFQ, RFU, or bid is awarded; provided, however, that following the
Manager making his or her written recommendation, the cone of silence shall
be lifted as relates to communications between the Mayor and Members of
the Commission and the City Manager; providing further if the city
commission refers the manager's recommendation back to the city manager
or staff for further review, the cone of silence shall continue until such time as
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the manager makes a subsequent written recommendation, and the particular
RFP, RFQ, RFLI, or bid is awarded or
b) in the event of contracts for less than $25,000 when the city manager
executes the contract.
(3) Nothing contained herein shall prohibit any bidder, proposer, vendor, service
provider, lobbyist, or consultant (I) from making public presentations at duly
noticed pre-bid conferences or before duly noticed evaluation committee
meetings; (ii) from engaging in contract discussions during any duly noticed
public meeting; (iii) from engaging in contract negotiations with city staff following
the award of an RFP, RFQ, RFLI, or bid for audit by the city commission; or (iv)
from communicating in writing with any city employee or official for purposes of
seeking clarification or additional information from the city or responding to the
city's request for clarification or additional information, subject to the provisions of
the applicable RFP, RFQ, RFLI, or bid documents. The bidder or proposer etc.
shall file a copy of any written communication with the city clerk. The city clerk
shall make copies available to the general public upon request.
(4) Nothing contained herein shall prohibit any lobbyist, bidder, proposer, vendor,
service provider, consultant, or other person or entity from publicly addressing
the city commissioners during any duly noticed public meeting regarding action
on any audit contract. The city manager shall include in any public solicitation for
auditing services a statement disclosing the requirements of this division.
(c) Violations/penalties and procedures. A violation of this section by a particular
bidder, proposer, vendor, service provider, lobbyist, or consultant shall subject
said bidder, proposer, vendor, service provider, lobbyist, or consultant to the
same procedures set forth in, Division 5, entitled "Debarment of Contractors from
City Work; shall render any RFP award, RFQ award, RFLI award, or bid award to
said bidder, proposer, vendor, service provider, bidder, lobbyist, or consultant
void; arid said bidder, proposer, vendor, service provider, lobbyist, or consultant
shall not be considered for any RFP, RFQ, RFLI 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 selection 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 shall 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, ~ 1, 1-6-99)
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SECTION 2. 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 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 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for
any reason, held invalid or unconstitutional, such portion shall 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 shall take effect on the ______ day of
which is 10 days after adoption.
, 2001,
PASSED and ADOPTED this
day of
,2001.
Mayor
ATTEST:
City Clerk
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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 City 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 undertaken.
(b) The serious nature of debarment requires 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.
(1) 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 City s 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:
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(1) Compile and maintain a current. consolidated list (List) of all contractors
debarred by City departments, Such List shall be public record and shall
be available for public inspection and dissemination;
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(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)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
The names and addresses of all contractors debarred. in alphabetical
order;
The name of the department that recommends initiation of the debarment
action;
The cause for the debarment action, as is further described herein. or
other statutory or regulatory authority;
The effect of the debarment action;
The termination date for each listing;
The contractor's certificate of competence or license number, when
applicable;
The person through whom the contractor is qualified, when applicable;
The name and telephone number of the point of contact in the department
recommending the debarment action.
(c) The City's Procurement Office shall:
(1)
(2)
(3)
Section 2-400.
In accordance with internal retention procedures maintain records relating
.to each debarment;
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
Respond to inquiries concerning listed, contractors and coordinate such
responses with the department that recommended the action,
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 517ths 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.
(b) Debarred contractors are excluded from acting as individual sureties.
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Section 2-401.
Continuation of current contracts.
(a) Commencing on the effective date of this ordinance. all proposed City contracts.
as well as Request for Proposals (RFP). Request for Qualifications (RFO).
Requests for Letters of Interest (RFLI). or bids issued be the City. shall
incorporate this ordinance and specify that debarment may constitute grounds for
termination of the contract as well as disqualification from consideration on any
RFP, RFO. RFLI. or bid.
(b) The debarment shall take effect in accordance with the notice provided by the
City Manager pursuant to subsection 2-405(h) below. except that if a City
department has contracts or subcontracts in existence at the time the contractor
was debarred, the debarment period may commence upon the conclusion of the
contract. subject to approval of same be 5/7ths vote of the Mayor and City
Commission at a regularly scheduled meeting.
(c) City departments may not renew or otherwise extend the duration of current
contract or consent to subcontracts with debarred contractors, unless the City
Manager determines that an emergency exists justifying the renewal or extension
or for an approved extension due to delay or time extension for reasons beyond
the contractor's control and such action is approved by 517ths vote of the Mayor
and City Commission at a regularly scheduled meeting.
(d) No further work shall be awarded to a debarred contractor in connection with a
continuing contract where the work is divided into separate discrete groups and
the City's refusal or denial of further work under the contract will not result in a
breach of such contract.
Section 2-402.
Restrictions on subcontracting.
(a) When a debarred contractor is proposed as a subcontractor for any subcontract
subject to City approval, the department shall not consent to subcontracts with
such contractors unless the City Manager determines that an emergency exists
justifying such consent and the Mayor and City Commission approves such
decision by 5/7ths vote at a regularly scheduled meeting.
(b) The City shall not be responsible for any increases in project costs or other
expenses incurred by a contractor as a result of rejection of proposed
subcontractors pursuant to subsection 2-402(a) above, provided the
subcontractor was debarred prior to bid opening or opening of proposals, where
the contract was awarded be the City pursuant to an RFP, RFO, RFLI, or bid.
Section 2-403.
Debarment.
(a) The Debarment Committee may, in the public interest debar a contractor for any
of the causes listed in this ordinance using the procedures outlined below. The
existence of a cause for debarment however, does not necessarily require that
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the contractor be debarred; the seriousness of the contractor's acts or omissions
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 an 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 )
(2)
(3)
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;
For violation of federal or State antitrust statutes relating to the submission
of offers;
For commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen
property;
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.
(4)
(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;
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(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;
Violation of a City ordinance or administrative order which lists debarment
as a potential penalty;
Any other cause which affects the responsibility of a City contractor or
subcontractor in performing City work.
(2)
(3)
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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.
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(e) Hearsay evidence shall be admissible at the hearing but shall not form the sole
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.
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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 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)
(2)
(3)
(4)
(5)
Newly discovered material evidence;
. Reversal of the conviction or civil judgment upon which the debarment
was based;
Bona fide change in ownership or management;
Elimination of other causes for which the debarment was imposed; or
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
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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.
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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Sec. 38-6.
PROHIBITED CAMPAIGN CONTRIBUTIONS BY VENDORS.
(a) General.
(1) No person who is a vendor to the city shall give a campaign contribution directly,
or through a member of the person's immediate family, or through a political action
committee, or through any other person, to a candidate, or to the campaign
committee of a candidate, for the offices of mayor or commissioner. No candidate,
or campaign committee of a candidate for the offices of mayor or commissioner,
shall solicit or receive any campaign contribution from a person who is a vendor to
the city, or through a member of the person's immediate family, or through a
political action committee, or through any other person on behalf of the person. This
prohibition applies to natural persons and to persons who hold a controlling
financial interest in business entities.
(2) A fine of up to $500.00 shall be imposed on every person who violates this
prohibition. Each act of solicitation, giving or receiving a contribution in violation of
this paragraph shall constitute a separate violation. All contributions received by a
candidate in violation of this paragraph shall be forfeited to the city's general
revenue fund.
(3) A person who directly, or through a member of the person's immediate family, or
through a political action committee, or through any other person 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 transacting business with the city. This prohibition on
transacting business with the city may be waived only in the manner provided
hereinbelow in subsection (b).
(4) As used in this section:
a. A "vendor" is a person who transacts business with the city, or has been
approved by the city commission to transact business with the city, or is listed on
the city manager's approved vendor list.
b. A "contribution" is:
1.A gift, subscription, conveyance, deposit, loan, payment, or distribution of money
or anything of value, including contributions in kind having an attributable monetary
value.
2.A transfer of funds between political committees, between committees of
continuous existence, or between a political committee and a committee of
continuous existence.
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BID NO: 02-01102
DATE: 11/02/01
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3.The payment, by any person other than a candidate or political committee, of
compensation for the personal services of another person which are rendered to a
candidate or political committee without charge to the candidate or committee for
such services.
4.The transfer of funds by a campaign treasurer or deputy campaign treasurer
between a primary depository and a separate interest-bearing account or certificate
of deposit, and the term includes any interest earned on such account or certificate.
(b) Conditions for waiver of prohibition. The requirements of this section may be
waived for a particular transaction by city commission vote after public hearing upon
finding that:
(1) An open-to-all sealed competitive proposal has been submitted and the city
official/done has in no way participated in the determination of the bid specifications
or bid award;
(2) The property or services to be involved in the proposed transaction are unique
and the city cannot avail itself of such property or services without entering into a
transaction which would violate this section but for waiver of its requirements;
(3) The business entity involved in the proposed transaction is the sole source of
supply within the city; or
(4) An emergency contract must be made in order to protect the health, safety or
welfare of the citizens of the city, as determined by a five-sevenths vote of the city
commission. Any grant of waiver by the city commission must be supported with a
full disclosure of the subject campaign contribution.
(c) Applicability. This section shall be applicable only to prospective transactions,
and the city commission may in no.case ratify a transaction entered into in violation
of this section.
(Ord. No. 2000-3244,'~ 1,5-10-00)
BID NO: 02-01102
DATE: 11/02/01
CITY OF MIAMI BEACH
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