ADA Building Modifications
AGREEMENT BETWEEN
THE
CITY OF MIAMI BEACH
AND
COAST TO COAST CONSTRUCTION & RESTORATION, INC.
FOR
ADA BUILDING MODIFICATIONS
BID NO. 86-98/99
City of Miami Beach - Procurement Division
1700 Convention Center Drive
Miami Beach, FL 33139
CITY CLERK
PERFORMANCE BOND
(This bond meets and exceeds the requirements of Florida Statutes Section 2SS.0S)
Bond No. CANF-000125-PP
'-.../
STATE OF FLORIDA )
ss
COUNTY OF )
KNOW ALL MEN BY THESE PRESENTS that we, COAST TO COAST CONSTRUCTION &
RESTORATION,. INC. as Principal, hereinafter called Contractor, and
The Mountbatten Surety Company, Ine. as Surety, are fmnly bound Wtto the Ci~ of Miami
Beach, Florida, as Obligee, hereinafter called the City, in the Penal sum of ~~fitvNsg~e~hguN~W~oO
Dollars ($ 49.027.00 ). for the payment of which sum well and truly to be made, we bind
ourselves. our heirs, executors, administrators, successors and assigns. jointly and severally,
finnly by these presents.
WHEREAS, Contnictor. on the _ day of . 19---, entered into a
certain contnct with th~City. hereto attached. for BID NO. 86-98/99. Entitled, "ADA
BUILDING MODIFlCA nONS" which Contract is made a part hereof by reference thereto.
NOW, THEREFORE, THE CONDITION OF TIDS OBLIGATION IS SUCH, that,
if the Contractor shall well and truly perfOIDl and fulfill all the unde.rtakings. covenants. terms, .
conditions and agreements of said Contract, and all duly authorized modifications of said
Contract that may hereafter be made, notice of which modifications to the Surety being hereby
waived, then this obligation shaii be void; otherwise.'to renWn Iii' MI force and effect.
,_./
WHENEVER the Principal shall be and is declared by the City to be in default under the
Contract, or whenever the Contract has been terminated by default of the Contractor, the City
having performed the City's obligations thereunder, the Surety shall:
1. Complete the Contract in accordance with its terms and conditions, or at the City's
sole option
2. Obtain a Bid or Bids for submission to the City for completing the Contract in
accordance with its terms and conditions. and upon determination by the City and
the Surety of the lowest responsible Bidder. arrange for a Contract between such
Bidder and the 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. in8luding
other costs and daJ:nqes for which the Surety may be liable hereunder. the amount
set forth in the fll'St peragraph hereof. The term "balance of the Contract price" as
used in this paragraph, shall mean the total amount payable by the City to the
Contractor under the Contract and any amendments thereto, less the amount
properly paid by the City to the Contractor.
No right of action shall accrue on this Bond to or for the use of any person or corporation
'---/'
BID NO: 16-9aI99
DATE: 6123199
CITY OF MIAMI BEACH
17
other.thAn the City named herein or the successors or assiKJlCCs thereof.
The Surety shall and does hereby agree to indemnify the City and hold it hannIess of,
from and against aay and all liability. loss, cost, damage or expense, including reasonable
attorneys foes, engineering and architectural fees or other professional services which the City
may incur or which may accrue or be imposed upon it by reason of any negligence, default, act
and/or omission OIl the part of the Contractor, any Subcontractor and Contractor's or
Subcontractors agents, servants and/or employees, in, about or on account of the Construction of
the work and perfonnance of said ContraCt by the Contractor.
This Bond shall remain in full force and effect for such period or periods of time after the
date of acceptance of the project by the City as are provided for in the Contract Documents, and
the Contractor hereby guarantees to repair or replace for the said periods all work perfonned and
materials and equipment furnished, which were not perfonned or furnished according to the
terms of the Contract Documents. If no specific periods of warranty are stated in the Contract
Documents for any particular item of work, material or equipment, the Contractor hereby
guarantees the same for a minimum period of one"(1) year from the date of final acceptance by
the City of the entire project.
Any suit on this bond must be instituted within such period or periods as may be provided
by law.
.- ../
"-'"
BID NO: 16-91199
DATE: 611319'
CITY OF MIAMI BEACH
18
IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their
appropriate officials of the 5th day of October , 1999
WITNESS:-
PRINeIP AL:
(If sole Proprietor or partnership)
(Firm Name)
BY
Title:-(801e-Proprletor orP".rtJiery-..---.._..__..... ..-...... .
PRINCIPAL (If Corporation)
Coast to Coast Construction
& Restoration,
BY
'-./
Attest:
(8 )
Mordechai Levi, Secret~ry
(CORPORATE SEAL)
COUNTERSIGNED BY
RESIDENT FLORIDA
GEN OF~-2L
(Copy f AI tl, curreDt
License as HllIeeI by State
of Florida In.uranee
Commissioner
Charles J. Nielson
SURETY:
2L
-ill-lac
J. Nielson, Attorney-in-Fact
(power of Attoruey must be attached)
'--../
BID NO: 8~98""
DATE: 61.13/99
CITY OF MIAMI BEACH
19
CERTIFICATES AS TO CORPORATE PRINCIPAL
I, Mordechai Levi , certify that I am the Secretary of the Corporation named as
/
Principal in the foregoing bond; that Mordechai Levi who signed the said bond on behalf of
the Principal, was then President of said Corporation; that I know his signature, and
his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in
behalf of said COIpOration by authority of its governing
//
/' Corporate
Seal
Secretary
STATE OF FLORIDA)
.1
COUNTY OF )
Miami-Dade
~/
Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared
Charles J. Nielson to me well known, who beirul by me first duly sworn upon oath, says
The Mountbatten ~urety
that he is the Attorney-in-Fact, for the Company, Inc. and that he has been
authorized by them to execute the foregoing bond on behalf of the
Contractor named therein in favor of the City of Miami Beach, Florida.
Suhscrihed and SWOj1h .!e this 5th
.. J ~
..... -.,......-.---...---... ..-.- .' /. i --
(Attach Power of Attorney)(' " i19J
,_..9 ia McClure
;'-' ~ Ololla McClul9
*ifi *Mv Commllllon CC8111011
\~"...'J' Expllel March 7. 2003
.19~A.D.
My Commission Expires: 03/07/03
. .
"--'
BID NO: 86-91199
DATE: 6J23/99
crJ'Y OF'MIAMI BEACH
20
. , . ~"'''''. .~.. .~.-.. ._-'.~.
--'P"'-"'----
Ins.)
.
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THE MOUNTBATTEN SURETY COMPANY, INC.
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS: That The Mountbatten Surety Company, Inc.. a corporation of the Commonwealth of
Pa~:1~nia, has made, constituted and appointed, and by these presents does make, constitute and appoint
J. Niels:n. Clm:les Do Nie1s:n. lim:m H. AltEr, Ye.r.in R. W:Ijtr.wicz, R?f Do ~,.h".
8I:ett H. R::a:riBE, Il:nild A. Iatb:rt, Jr., Do Mi.dEel Ste.e:B, Ia.:I:a Do M:EiDld:!r, Ian:a L.Lig:n,
its true and lawful AttomeY-in~Fac~~~ ~~J1ifle~f~cgJn~, ~nds, undertakings and other instruments
of a similar nature as follows:
NOT TO EXCEED SIX MlIWON DOLLARS
($6,000,000.00)
Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attomey-in-Fact, shall be
binding upon the said Corporation as fully and to the same extent as if signed by the duly authorized officers of the Corporation and sealed with its
corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given. are hereby ratified and confirmed.
This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Corporation on August 28,
1992 with all Amendments thereto and are still in full forca and effect
"Article XII: Policies, Bonds, Recognitions, Stipulations, Consents of Surety, Underwriting Undertakings, and Instruments Relating Thereto.
Section 12-1. Insurance policies, bonds, recognitions, stipulations, consents of surety and underwriting undertakings of the Corporation, and releases,
agreements and other writings relating in any way thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of the
Corporation: a) by the Chairman of the Board, the President or a Vice President. and by the Seaetary or an Assistant Seaetary; or b) by an
Attomey-in-Fact for the Corporation appointed and authorized by the Chairman of the Board. the President. or a Vice President to make such signabJre;
or c) by such other officers or representatives as the Board may from time to time determine.
The seal of the Corporation shall If appropriate be affixed thereto by any such officer. Attorney-in-Fact or representative. The authority of such
Attorney-In-Fact and Agents shall be as presaibed In the instrument evidencing their appointmenl Any such appointment and all authority granted
thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment."
IN WITNESS WHEREOF, The Mountbatten Surety Company, Inc. has caused these presents to be duty signed and Its corporate seal to be hereunto
affixed and duly attested this 24th day of June, 1998.
By:
Notarial Seal
Anthony T. Stewart, Notary Public
Lower Menon Twp., Montgomery County
My Commission expires AuQ. 5, 2002
Member, PeMsylvania Association 01 Nolanes
On this 24th day of June, 1998, before me personally appeared KeMeth L Brler, President of The Mountbatten Surety Company, Inc. with whom I am
personally acquainted, who, being by me duly sworn, said that he resides In the ConvnonweaJth of Pennsylvania, that he Is President of The
Mountbatten Surety Comp3n~', Inc., the corporation desaibed In and which executed the foregoing Instrument; that he knows the corporate seal of the
said Corporation; that the saal affixed to said instrument is such corpotate seal: that il was so affixed by order of the Board of Directors of said
Corporation; and that he signed his name thereto as President of said Corporation by ~~
(Seal). ~ 7(~ -r NotaryPublic
CERTIFICATE
I, the undersigned Secretary of The Mounlbalten Surety Company, Inc. do hereby cet1ify that the orlglnal Power of Attorney of which the foregoing is a
full, true and correct copy, is in full forca and effect on the date of this Certlllcate and I do further certify that \he Officer who executed the said Power of
Attorney was one of the Officers authorized by the Board of Directors to appoint an Attorney-in-Fact as provided In Section 12-1 of the By-Laws of The
Mounlbatten Surety Company, Inc. This Certificate may be signed and sealed by facsimile under and by authority of the following provisions at the
By-Laws at The Mounlbatten Surety Company, Inc.:
"Section 12.2. The use of a printed facsimile of the corporate seal of the Corporation and of the signature of the Secretary or an Assistant Secretary on
any certification of the correctness of a copy at an instrument executed by an authorized person pursuant to Article XII, Section 12-1 of the By-Laws
appointing and authorizing an Attomey-in-Fact to sign in the name and on behalf of the Corporation surety bonds, underwriting undertakings, or other
instruments described in said Section 12-1, with like effect as if such seal and such signabJre had been manually affixed and made."
Commonwea th of Pennsylvania
County of Montgomery
In Witness Whereot, I have hereunto set my hand and affixed the corporate seal of the Corporation to these presents
this2~dayof_ October ,1999.
This power of attomey is only valid with Code # C -000125- PP and the original, red stamp affixed hereto.
L
(sed!)
(Stamp)
~
COLLINSWORTH, ALTER, NIELSON, FOWLER & OOWLING, INC.
BOND DEPARTMENT
PUBLIC WORKS BOND
IN COMPLIANCE WITH FWRlDA STATUTES 2SS.0S (1) (a)
Bond No
CANF-000125-PP
Contractor Name
Coast to Coast by Levi, Inc.
Contractor Address
613 South 21st Avenue, Hollywood, Florida 33020
Contractor Phone No.
(954) 920-3900
Surety Company
The Mountbatten Surety Company, Inc.
Surety Address
33 Rock Hill Road, Bala Cynwyd, PA 19004
(610) 664-2259
Surety Phone No.
Owner Name
City of Miami Beach
Owner Address
1700 Convention Center Drive, Miami Beach, FL 33139
Owner Phone Number
Obligee Name
(If contracting entity is different from the owner, the contracting public entity)
Obligee Address
Obligee Phone No.
Contract No..( If Applicable)
86-98/99
Project Name
"ADA Building Modifications"
Project Location
Miami Beach, Florida
Legal Description and Street Address
A portion of Park east of Bay shore Golf Course & Park
south of Canal and east of Washington Avenue, less parcel to BPI per OR 976-566 and
less Greater Miami Hebrew Academy per OR 2241-l85; 555 17th Street, Miami Beach,
Florida
Descril)tion of Work
modifications to building
FRONT PAGE
..\Un,hp.,. hond D"IJP../e) Ar.. dp.p...."d t1..h"p,,"..nf fn 'hi. nAcrp '"poAnI'pee nfAn" nAGIfIo nnnlh,..r(Q) ,hil'
LABOR AND MATERIAL PAYMENT BOND
(SECI10N 2~~.05,'}l'LA. ST AT.)
Bond No. CANF-000125-PP
-'
COAST TO COAST CONSTRUCTION
BY THIS BOND, We, & RESTORATION, INC. . as Principal, and
The Mountbatten Surety
Company, rne. . as corporation, as Surety. are bound to the City of Miami Beach,
Florida. as oblig~ herein called City, in the sum of$ 49,027.00 for the
payment of which we bind ourselves, our heirs, personal representatives, successors and assigns,
jointly and severally.
THE CONDmON OF THIS BOND is that ifPrincipa1:
Promptly makes payments to all claimants, as defmed in Section 255.05 (1), Fla. Stat.,
supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in
the prosecution of the work provided for in the contract; and
Pays City all losses, damages, expenses, costs, and attorney's fees, including appellate
proceedings, that the City sustains in enforcement of this bond.
-_./
Performs the guM8I1tee of all labor and materials furnished under the contract for the time
specified in the contract, then this bond is void, otherwise it remains in full force.
". .
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 hondo
The provisions of Section 255.05, Fla. Stat., are specifically adopted by reference and made a
part hereof for the purposes specified therein.
The contract dated
Bond by reference.
between the City and Principal is made a part of this
Claimants are advised that Section 255.05, Fla. Stat., contains notice and time limitation
provisions which must be strictly complied with.
'---"
BID NO: 16-98/99
DATE:6f1.3/'J'
CITY OF MIAMI BEACH
21
IN wiTNESS WHEREOF. the above bounded parties have caused this Bond to be executed by their
appropriate officials of the 5th day of October , 19 99 .
'..J
WITNESS: -
PRINCIPAL:
(If sole Proprietor or partnership)
(Finn Name)
BY
Tide: (Sole Proprietor or PartDer)
PRINCIPAL (If Corporation)
"-- ./
BY
Secretary
(CORPORATE SEAL)
SURETY:
Surety Company, Inc.
./ (I -" -,'Il
By: -; LJI__J
Attorney-la-Ii d
Charles J. Nielson, Attorney-in-Fact
,.--
(power of AttorDey must be .tta~h.d)
'---"
BID NO: ..,.""
DATE: 6/23/99
CITY OF MIAMI BEACH
21
CERTIFICATES AS TO CORPORATE PRINCIPAL
I, Mordechai Levi
, certify that I am the Secretary of the Corporation named as
Principal in the foregoing bond; that Mordechai Levi who signed the said bond on behalf of the
Principal, was then President
of said Corporation; that I know his signature, and his
signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf
of said Corporation by authority of its governing body.
Corporate
Seal
STATE OF FLORIDA)
Mordechai Levi, Secretary
II
COUNTY OF )
Miami-Dade
Bcfore me, a Notary Public, duly commissioned, qualified and acting, personally appearcd
"-./
Charles J. Nielson to mc well known, who being by me first duly sworn upon oath.. says
The Mountbatten Surety
that he is the Attorney in Fact, for the Company J Inc. - and that he has been
authorized by
them
to execute thc foregoing bond on behalf of the
Contractor named thcrein in favor of the City of Miami ~h, Florida.
- - )
/"'
Subscribed and sworn before this October
I
..,~" Gloria McCIuIa \~
~if~My Commiallon CC815062
-"..".J' Expires March 7. 2003
,19~A.D.
(Attach Power of Attorney)
otary Public
State of Florida- at-Large
My commission Expires: 03/07/03
. ""--"
BID NO: 86-91199
DATE: ~3"'9
CITY 0]1' MIAMI BEACH
23
.v.._..... ._........ '_.'_.
--,_.._...~..._-'-
'.
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4'" I'.
..i
. :
~
THE MOUNTBATTEN SURETY COMPANY, INC.
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS: That The Mountbatten Surety Company, Inc., a corporation of the Commonwealth of
Pan::;l~nia, has made, constituted and appointed, and by these presents does make, constitute and appoint
J. Niels:n. Oarles D. Niels:n. W:n::J:m Me Alter:. Ie1in R. W:JjtDzicz. R?f D. ~..Jr.
BI:ett Me R:Eeri'a:s. O:nil.d A. I.atb:rt. .Jr.. D. Mi.d1:e1. SteuBB. laJI:a D. M:EhildeI::-, Ia.D:a r...Lig:n,
its true and lawful AttomeY-in-Facf.fo%~~~9b.Mi!ieJr.nf~~,~nds, undertakings and other instruments
of a similar nature as follows:
NOT TO EXceeD SIX MIILUON DOLLARS
($6,000,000.00)
Such insurance policies, surety bonds, undertakings and Instruments for said purposes, when duly executed by the aforesaid Attomey-In-Fact, shall be
binding upon the said Corporation as fully and to the same extent as if signed by the duly authorized officers of the Corporation and sealed with its
corporate seal; and all the acts of said Attomey-In-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed.
This appointment Is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Corporation on August 28,
1992 with all Amendments thereto and are still in full force and effect
"Article XII: Policies, Bonds, Recognitions, Stipulations, Consents of Surety, Underwriting Undertakings, and Instruments Relating Thereto.
Section 12-1. Insurance policies, bonds, recognitions, stipulations, consents of surety and underwriting undertakings of the Corporation, and releases,
agreements and other writings relating in any way thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of the
Corporation: a) by the Chairman of the Board, the President or a Vice President, and by the Secretary or an Assistant Secretary; or b) by an ,
Attomey-in-Fact for the Corporation appointed and authorized by the Chainnan of the Board, the President, or a Vice President to make such signature;
or c) by such other officers or representatives as the Board may from time to time determine.
The seal of the Corporation shall If appropriate be afflxed thereto by any such officer. Attorney-in-Fact or representative. The authority of such
Attorney-in-Fact and Agents shall be as prescribed In the instrument evidencing their appointment. Any such appointment and all authority granted
thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment."
IN WITNESS WHEREOF, The Mountbatten Surety Company, Inc. has caused these presents to be duly signed and Its corporate seal to be hereunto
affixed and duly attested this 24th day of June, 1998.
(S1
THE ..~..._.INc.
By: 4 ~
Kenneth L rier, resident
Notarial Seal
Anthony T. Stewart, Notary Public
Lower Menon Twp., Montgomery County
My Commission Expires Aug. 5, 2002
Member, Pennsylvania Association 01 Notanes
On this 24th day of June, 1998, before me personally appeared Kenneth L Brier, President of The Mountbatten Surety Company, Inc. with whom I am
personally acquainted, who, being by me duly swom, said that he resides in the Commonwealth of Pennsylvania, that he is President of The
Mountbatten Surety Comp3n~', Inc., the corporation described In and which executed the foregoing instrument; that he knows the corporate seal of the
said Corporation: that the sGal ~fflxed to said Instrument is such corporate seal; that It was so affixed by order of the Board of Directors of said
Corporation: and that he signed his name thereto as President of said Corporation by ~~
(Seal), ~ -z(~ ~ NotaryPublic
CERTIFICATE
I, the undersigned Secretary of The Mountbatten Surety Company, Inc. do hereby certify that the original Power of Attomey of which the foregoing Is a
full, true and correct copy, is in full force and effect on the date of this Certificate and I do further certify that the Officer who executed the said Power of
Attomey was one of the Officers authorized by the Board of DIrectors to appoint an Attomey-in-Fact as provided In Section 12-1 of the By-Laws of The
Mountbatten Surety Company, Inc. ThIs Certificate may be signed and sealed by facsimile under and by authority of the following provisions of the
By-Laws of The Mountbatten Surety Company, Inc.:
"Sectlon 12.2. The use of a printed facsimile of the corporate seal of the Corporation and of the signature of the Secretary or an Assistant Secretary on
any certillcaUon of the correctness of a copy of an Instrument executed by an authorized person pursuant to Article XII, Section 12-1 of the By-Laws
appointing and authorizlng an Attomey.ln-Fact to sign In the name and on behalf of the Corporation surety bonds, underwriting undertakings, or other
instruments described in said Section 12-1, with like effect as if such seal and such signature had been manually affixed and made."
Commonwea of Pennsylvania
County of Montgomery
In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the Corporation to these presents
this 5th day of October ,199 9 .
This power of attomey is only valid with Code # C -000125 - PP and the original, red stamp affixed hereto.
L
(Stamp)
[!]
(seal)
A(;REEMENT
THIS AGREEMENT made this 1.7'~ . d.ay of .~bf.~ ~1 L.~ 1 ~99, A.D. betwe~n the
CITY OF MIAMI BEACH, a Florida mUnIcipal corporatIOn, heremafter called the City, which
term shall include its successors and assigns, party of the one part, and
Coast to Coast Construction & Restoration, Inc.
613 S. 21st Avenue
Hollywood, FL 33020
Telephone (954) 920-3900
hereinafter called the Contractor, which term shall include its heirs, successors and assigns, party
of the other part.
WITNESSETH that the said Contractor for the consideration and compensation herein agreed to
be paid and the said City in consideration of the construction of improvements to be done by said
Contractor and designated" ADA Building Modifications" by said City, do hereby mutually agree as
follows:
1. This Agreement shall extend to and be obligatory upon said City, its successors and
assigns, and upon said Contractor and its heirs, successors and assigns. Neither this
Agreement nor any part thereof nor any part of the Work herein contemplated, shall be
assigned or sublet, nor shall any sums of money provided to be paid to said Contractor be
assigned by said Contractor to anyone without the consent of the City Commission of said
City evidenced by its resolution.
2. The foregoing pages of this booklet, including the Notice to Contractors, the Proposal,
and the Contract Documents and such alterations as may be made in said Plans and
Specifications as therein provided for, are hereby referred to and made a part of this
Agreement and the terms and conditions set forth therein, except when in direct conflict
with this written Contract, are as much a part hereof as if copied herein. If conflicts exist
between them and this written instrument, only that part of the matter in direct conflict
herewith shall not be construed to be a part hereof.
3. The Contractor shall commence work within seven (7) days of the Notice to Proceed and
shall construct and complete in a good and workmanlike manner the materials herein
referred to, strictly in accord herewith the following:
3.1 The Contractor shall be Substantially Completed with the Work within sixty
(60) calendar days after the date when the Contract Time commences to run as
provided in paragraph 2.3 of the General Conditions, and completed and ready
for final payment in accordance with paragraph 14.13 of the General Conditions
within seventy-five (75) calendar days after the; Jate when t1,.; Contract Time
commences to run.
Bid #86-98/99
City of Miami Beach 2
3.2 OJmages - City and Contractor recognize that the City will suffer direct financial
luss if Wurk is not completed within the Contract times specified in paragraph 3.1
above (or alternate bid item No. I, ifawarded by City) plus any extensions thereof
allowed in accordance with Article 12 of the General Conditions. They also
recognize the delays, expense and difficulties involved in proving in a legal or
arbitration proceeding the actual loss suffered by Owner if the Work is not
completed on time, and therefore time is of the essence. Accordingly, instead of
requiring any such proof Contractor agrees to forfeit and pay Owner as liquidated
damages for delay (but not as a penalty) the amount of One Hundred Dollars
(SIOO.OO) for each calendar day that expires after the Contract Time
specified in paragraph 3.1 for Substantial Completion until the Work is
substantially complete. After Substantial Completion if Contractor shall neglect,
refuse, or fail to complete the remaining Work within the Contract Time,
Contractor shall pay Owner One Hundred Dollars ($100.00) for each calendar
day that expires after the time specified in Paragraph 3.l for completion and
readiness for final payment. These amounts represent a reasonable estimate of
OVvller's expenses for extended delays and for inspection, engineering services
and administrative costs associated with such delay.
4. In such construction said Contractor shall furnish all implements; machinery, equipment,
transportation. tools, materials, supplies labor, and other things necessary to the execution
and completion of the Work, nothing being required of the City except that it may, at its
expense, supervise such construction and enter upon and inspect the same at all
reasonable times.
5. If any dispute arises between the City and said Contractor with reference to the meaning
or requirements of any part of this Contract and they cannot agree, the more stringent
requirements shall govern as determined by the City.
6. If the Contractor shall complete the construction herein contemplated in a good and
workmanlike manner \vithin the time herein specified and in accord herewith, the said
City shall pay to the Contractor the contract sum in accordance with the Conditions of the
Contract. The City, by allowing Contractor to continue with said construction after the
time for its completion hereinbefore stated shall not deprive City of the right to exercise
any option in this Agreement contained nor shall it operate to alter any other term of this
Agreement.
7. The Contractor shall file with the Procurement Director of said City of Miami Beach a
Performance and Labor and Material Payment Bond, each in the amount of 100 percent of
Contract Amount, in the form as set forth herein or as otherwise approved by the City of
Miami Beach City Attorney and shall be executed by said Contractor and Surety Agent
authorized to do business in the State of Florida.
8. The Contractor shall file Insurance Certificates, as required, and they r!:'.:.st be signed by a
Registered Insurance Agent licensed in the State of Florida and approved by the City of
Bid #86-98/99
Cil)' uf .\Ii:lmi llc:lch
..,
.J
Miami Beach Risk Manager.
9. All documents shall be executed satisfactorily to said City and until Bonds and Insurance
Certificates have been tiled and approved. this Contract Agreement shall not be effective.
10. Owner shall pay Contractor for perfom1ance of the Work in accordance with the Contract
Documents in current funds at the lump sum or unit prices presented in the Bid Proposal,
attached to this Agreement. The parties expressly agree that the Contract Price is a
stipulated sum except with regard to the items in the Bid which are subject to unit prices.
Contract Price:
Total Base Bid
555 17th Street PAN Building, Alternate #2
10th Street Community Center, Alternate #1
10th Street Community Center, Alternate #2
TOTAL
$ 69,000.00
$-10,475.00
$- 4,153.00
$- 5,345.00
$ 49,027.00
II. The Contract Documents which comprise the entire Agreement between City and
Contractor are attached to this Agreement and made a part hereof.
The Contract Documents may only be amended, modified or supplemented as provided
in the General Conditions.
IN WITNESS WHEREOF the said City has caused this Agreement to be signed by the Mayor
of the City of Miami Beach, Florida and its corporate seal to be affixed, attested by the City
Clerk of the City of Miami Beach and the said Contractor has caused this Agreement to be signed
it its name.
Coast to Coast Construction
& Restoration. Inc. (SEAL)
Contractor
CITY OF MIAMI BEACH
~JM
By
Mayor
President
Title
ATTEST:
_~r~
City Clerk "-
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Bid #86-98/99
City of Miami Beach
4
14 c~- !CIo~'Ji
TY OF MiAMI BEP.,CH
'u
I,LL 1700 CONVEN nON CENTER ORlvE MIAMI BEACH, FLORIDA 33139
miami-beach.n.u&
COMMISSION MEMORANDUl\i1 NO. 10 61- gC}
TO:
Mayor Neisen O. Kasdin and
Mcmbcrs of the City C ission
DA TE: September 14, 1999
FROM: Sergio Rodriguez
City Manager
SUBJECT: Request for Approval to A ward a Contract to Coast to Coast Construction &
Restoration, Inc. in the Amount of $51,817, Pursuant to Bid No. 86-98/99 for
ADA Building Modifications. .:.1:4902-'/.00 A.iJ<.'V
I
RECOM1VfENDA TION
A ward the contract.
FUNDING
$51,817
Funding is available from the Capital Projects Fund 351 Account Number
351.2194.069358.
BACKGROUND
This Invitation to Bid was issued on June 25, 1999, with an opening date of July 23, 1999. A Pre-Bid
Conference was held on July 9, 1999. One-hundred and thirty-two (132) notices were mailed,
resulting in the receipt of two (2) responsive bids.
The base bid includes supplying all labor, materials, equipment and supervision necessary for the
ADA Building Modifications for the 555 17th Street "PAN" Building, and the lOth Street
Community Center. The base bid for both buildings will consist of concrete ramps, foundations and
st::unJess steel handraIls. As an Alternate, the bidders were gi ven the opportunity to bid on aluminum
and/or the Safetron Handrail System, which would result in a reduction to the base bid price.
The Contractor shaIl be substantially completed with the work within sixty (60) calendar days after
the date of the Notice to Proceed, and complete and ready for final payment within seventy-five (75)
calendar days after the date of the Notice to Proceed.
nd Budget
AGENDA ITEM C'.~ L
DATE~
67
~~.._~
-
~ ...... '.'.. .'
IY-." -
~- _.
- .
HId No. 86-98/99
September 14,1999
Page Two
ANALYSIS
The Administration has reviewed the bids received and recommends award to Coast to Coast
Construction & Restoration, Inc., including the deductive alternate to provide the Safetron Handrail
System in lieu of stainless steel railing.
BfD TABUL\Tro'.'
Vendor Base Bid Alternate Total
(SafctrOQ Handrail System
in lieu of Sl.1inJess Steel)
Coast to Coast Construction & $71,790.00 ($19,973.00) $51,817.00
Restoration, Inc. G Cr, cCO. 00 d; \q.q'1~.(;o 1> 4'1, OZ/).CO
-,
First Metro Builders $80,600.00 ($11,300.00) $69,300.00
CONCLUSION
This contract should be awarded to the lowest responsive, responsible bidder, Coast to Coast
Construction & Restoration, Inc.
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68
BID No. 86-98/99
BID PROPOSAL FOR
ADA BUILDING MODIFICATIONS
PROPOSAL PAGE 1 OF 7
PROPOSAL OF
Coast to Coast Construction & Restoration, Inc.
(Name)
613 South 21st Avenue Hollywood, FL 33020
(Address)
(FOR)
Constructing the improvements designated and described in the attached Notice to Contractors,
and which said Improvements are designated as the ADA BillLDING MODIFICATIONS and
more particularly set forth herein.
SUBMIITED July 23,
1999
TO MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA:
We the undersigned, hereby declare that no person or persons, firm or corporation other than the
undersigned, are interested in this Proposal, as principals, and that this Proposal is made without
collusion with any person, firm or corporation, and we have carefully and to our full satisfaction-=
examined the attached Notice to Contractors, General Provisions, Specifications for Materials
and Construction Methods, Supplementary Conditions, and form of Contract and Bond, together
with the accompanying Plans, and that we have made a full examination of the location of the
proposed Work and the sources of supply and materials, and we hereby agree to furnish all
implements, machinery, equipment, transportation, tools, materials, supplies, labor, and other
things necessary to the prosecution and completion of the work, fully understanding that the
quantities shown in the Notice to Contractors and Proposal are approximate only, and that we
will fully complete all necessary work in accordance with the Plans and the attached
Specifications, and the requirements under them of the Engineer within the time limit specified
in this Proposal for the following unit prices to-wit:
BID NO: 86-98/99
DATE: 6/23/99
CITY OF MIAMI BEACH
4
BID No. 86-98/99
BID PROPOSAL FOR
ADA BUILDING MODIFICATIONS
PROPOSAL PAGE 2 OF 7
All bid items shall include costs for furnishing to the City a!l material, equipment, and supplies
and for all cost incurred in completing the work, including installation of all materials,
equipment, and supplies furnished, complete in place and ready for continued service, including
all tie-in work and testing, all other labor, permit fees, taxes, insurance, miscellaneous costs,
overhead and profit.
The Contractor shall be Substantially Completed with the Work within sixty (60) calendar
days after the date when the Contract Time commences to nm as provided in paragraph 2.3 of
the General Conditions, and completed and ready for final payment in accordance with
paragraph 14.13 of the General Conditions within seventy-five (75) calendar days after the date
when the Contract Time commences to nm.
ITEM" A": 555 17th Street Building Modifications
Lump Sum (Base Bid)
$ If/..450.00
ITEM "B": 10th Street Community Center Modifications
Lump Sum (Base Bid)
$ 29,340.00
Each location specified in this bid could be awarded on an individual basis, so each price
proposed must be capable of standing alone and not be dependent on award of both
locations. Please state a total if both locations are awarded to a single bidder.
Lump Sum (Base Bid) If Both Locations (Items A-B) Are Awarded:$ 69,000.00
NOTE:
*
THE LUMP SUM (ITEM "A" & ITEM "B", BASE BID) SHALL CONSIST OF ALL
EXTERIOR WORK. AS DESCRIBED IN THE PLANS AND SPECIFICATIONS, AS
1
PROVIDED BY M.C. HARRY & ASSOCIATES, CONSISTING OF CONCRETE
RAMPS, FOUNDA nONS, AND HANDRAILS. NO INTERIOR WORK, DOORS
OR ROOFING WORK SHALL BE PART OF THE LUMP SUM (BASE BID).
BID NO: 86-98/99
DATE: 6/23/99
CITY OF MIAMI BEACH
5
BID No. 86-98/99
BID PROPOSAL FOR
ADA BUILDING MODIFICATIONS
PROPOSAL PAGE 3 OF 7
555 17TH STREET "PAN BUILDING"
AL TERNA TE #1
ALL INTERIOR WORK DESCRIBED IN THE PLANS AND SPECIFICATIONS AS
AL TERNATE #1 (SHEET #A-1 AND #A-2, DATED 4/29/99) ARE HEREBY DELETED
FROM THIS PROJECT.
ALTERNATE#2
ALL HANDRAILS SHOWN AS STAINLESS STEEL IN CONTRACT DOCUMENTS TO BE
FABRICATED FRO~ ALlLMINUM,OR THE SAFETRON HANDRAIL SYSTEM. THIS
WILL RESULT IN A~~TION/ADDITION (CIRCLE ONE).
TO THE BASE BID BY $:
ALUMINUM: $6,300.00
SAFETRON: $10,475.00
AL TERNA TE # 3
MAIN ENTRY HANDRAIL (SEE DETAILS 1,4,8,9,10 ON SHEET A-4) TO BE
FABRICATED FROM ALUMINUM OR SAFETRON HANDRAIL SYSTEM. DESIGN TO
BE 1 W' DIA. 1/4" WALL PIPE POST WITH CONTINUOUS HANDRAIL OF 1 W' DIA. &
1/4" WALL FULLY WELDED AND GROUND FLUSH AT ALL JOINTS. POST GROUTED
6" MIN. INTO RAMP. LOCATE POST AS SHOWN IN CONTRACT DOCUMENTS. THIS
-- --=-------
WILL RESULT IN A..REDU~IlQN/ADDITION (CIRCLE ONE)
TO THE BASE BID BY $:
ALUMINUM $2,435.00
SAFETRON $4,340.00
ALTERNATE #4
SUBSTITUTE MIAMI BEACH RED CONCRETE WHERE DRA 'WINGS INDICATED
TERRAZZO TO MATCH EXISTING. THIS WILL RESULT IN A 1
l.!!EDUCTiOijiADDITION (CIRCLE ONE)
TO THE BASE BID BY $:
$1,224.00
BID NO: 86-98/99
DATE: 6/23/99
CITY OF MIAMI BEACH
6
BID No. xx-98/99
BID PROPOSAL FOR
ADA BUILDING MODIFICATIONS
_PROPOSAL PAGE 4 OF 7
10TH STREET COMMUNITY CENTER
ALTERNATE #1
ALL HANDRAILS SHOWN AS STAINLESS STEEL IN CONTRACT DOCUMENTS TO BE
FABRICATED FROM ALUMINUM OR SAFETRON. ALL HANDRAILS MUST
CONFORM TO THE DESIGN SHOWN IN THE CONTRACT DOCUMENTS. THIS WILL
RESULT IN ~~D~TION7ADDITION (CIRCLE ONE)
TO THE BASE BID BY $
ALUMINUM $2,850.00
SAFETRON $4,153.00
AL TERNA TE #2
ALL WORK RELATED TO NEW ROOF EXTENSION AND SUPPORTS DESCRIBED IN
THE PLANS AND SPECIFICATIONS AS ALTERNATE #2, (SHEET A-3, DATED 4/29/99)
ARE HEREBY DELETED FROM THIS PROJECT.
AL TERNA TE # 3
SUBSTITUTE "SAFETRON" HANDRAIL SYSTEMS FOR SPE€IFIED NT NORMBAU
. . ------
HANDRAIL SYSTEM. THIS WILL RESULT IN AlREDUCTIONfADDITION (CIRCLE
ONE) . - ~---
TO THE BASE BID BY $:
SAFETRON $5,345.00
*for information on SAFETRON handrail systems call 305.233.5511
*for information on NT NORMBAU handrail systems call 1.800.452.7925
BID NO: 86-98/99
DATE: 6/23/99
CITY OF MIAMI BEACH
7
PROPOSAL PA(;E 5 OF 7
ADDENDUM ACKNOWLEDGMENT
ADDENDUM
DATED
SIGNATURE OF PERSON SIGNING BID
No.
No.
No.
Bidder accepts all of the terms and conditions of the Bidding Documents, including without
limitation those dealing \\'ith the disposition of the Proposal Guaranty.
In submitting this Proposal, Bidder makes all representations required by the Instructions to
Bidders and further warrants and represents that:
a. Bidder has examined copies of all the Bidding Documents, the Notice to Contractors, the
Proposal Requirements and Conditions, and the following Addenda (receipt of all which
is hereby acknowledged):
b. Bidder has familiarized itself with the nature and extent of the Contract Documents,
Work Site, Locality, and all Local Conditions and Laws and Regulations that in any
manner may affect cost, progress, performance, or furnishing of the Work.
c. Bidder has studied carefully all reports and drawings of subsurface conditions and
drawings of physical conditions which are identified in the Supplementary Conditions as
provided in Paragraph 4.2 of the General Conditions, and accepts the determination set
forth in Paragraph SC-4.2 of the Supplementary Conditions of the extent of the technical
data contained in such reports and drawings upon which Bidder is entitled to rely.
d. Bidder has obtained and carefully studied (or assumes responsibility for obtaining and
carefully studying) all such examinations, investigations, explorations, tests and studies
(in addition to or to supplement those referred to in (b ) above) which pertain to the
subsurface or physical conditions at the site or otherwise may affect the cost, progress,
performance or furnishing of the Work at the Contract Price, within the Contract Time
and in accordance with the other terms and conditions of the Contract Documents,
including specifically the provisions of Paragraph 4.2 of the General Conditions; and no
additional examinations, investigations, explorations, tests, reports or similar information
or data are or will be required by Bidder for such purposes.
BID NO: 86-98/99
DATE: 6/23/99
CITY OF MIAMI BEACH
8
PROPOSAL PAGE 6 OF 7
e. Bidder has reviewed and checked all information and data shown or indicated in the
Contract Documents with respect to existing Underground Facilities at or contiguous to
the site and assumes responsibility for the accurate location of said Underground
Facilities. No additional examinations, investigations, explorations, tests, reports or
similar information or data in respect of said Underground Facilities are or will be
required by Bidder in order to perform and furnish the Work at the Contract Price, within
the Contract Time and in accordance with the other terms and conditions of the Contract
Documents, including specifically the provisions of Paragraph 4.3 of the General
Conditions.
f. Bidder has correlated the results of all such observations, examinations, investigations,
explorations, tests, reports and studies with the terms and conditions of the Contract
Documents.
g. Bidder has given the City written notice of all conflicts, errors or discrepancies that it has
discovered in the Contract Documents and the written resolution thereof by City is
acceptable to Bidd:_ /? /
FIRM'S NAl\1E (pri~t or Type):, Coast to CO,ast l2'onstruction & Restoration, rne.
SIGNATURE: /!/ /~/ {~,
TITLEIPRlNTED NAME: Motti Levi - President
ADDRESS: 613 South 21st Avenue
Hollywood, FL 33020
TELEPHONE NUMBER: (954) 920-3900
FAX: (954) 920-0138
BID NO: 86-98/99
DATE: 6/23/99
CITY OF MIAMI BEACH
9
PROPOSAL PAGE 7 OF 7
The undersigned further agrees to perform all necessary "Extra Work", as provided for in the
General and Supplementary Provisions and to execute the attached Contract within ten (10)
calendar days after the date on which the Notice of A ward has been given. The undersigned
further agrees to commence work under this Contract within seven (7) days following the date
indicated on the Notice to Proceed by the City and to Substantially Complete the Work and to
fully and Finally Complete the Work with the Contract Time period as stipulated in the
Agreement. The undersigned further agrees to pay as liquidated damages for each consecutive
calendar day that passes after the Contract Substantial Completion date that the Work is not
substantially completed, and for each consecutive calendar day that passes after the Contract
Final Completion date that the Work is not completed and ready for final payment, the amounts
of liquidated damages being as stipulated in the Agreement. The undersigned further agrees to
furnish sufficient and satisfactory bond in the sum of not less than (100%) one-hundred percent
of the contract price of the work.
The undersigned further agrees to bear full cost of maintaining all work until the final
acceptance, as provided in the General Provisions.
Accompanying this Proposal is a Bid Bond made payable to the City of Miami Beach, Florida in
the sum of
Sixty nine thousand dollars and zero cents
Dollars $ 69 ,000.00
Bid Bond is to be forfeited as liquidated damages if, in case this Proposal is accepted, the
undersigned shall fail to execute the attached Contract under-fhe conditions'{)f this Proposal;
otherwise, said Bid Bond is to be returned to the,yIidersi~d upon !:9-e delivery of Satisfactory
Bond. //' ..
//'/: /
L/ ,/
1- / _
Signature & Title
/: President
----
Address
613 South 21st Avenue
Hollvwood. FL 33020
Telephone Number (954)920-3900
BID NO: 86-98/99 CITY OF MIAMI BEACH
DATE:6a3~9 10
CONTRACTOR'S QUESTIONNAIRE
NOTE:
Information,supplied in response to this questionnaire is subject to
verification. Inaccurate or incomplete answers may be grounds for
disqualification from award of this bid.
Submitted to The Mayor and City Commission of the City of Miami Beach, Florida:
By Coast to Coast Construction & Restoration, Inc.
Principal Office 613 South 21st Avenue
Hollywood, FL 33020
How many years has your organization been in business as a General Contractor under your
present business name? 10
Does your organization have current occupational licenses entitling it to do the work
contemplated in this Contract? yes
State of Florida occupational license - state type and number: eGe/IOO 1615
Dade County certificate of competency - state type and number:
City of Miami Beach occupational license - state type and number:
Include copies of above licenses and certificates with proposal.
How many years experience in similar work has your organization had?
(A) As a General Contractor 10
(B) As a Sub-Contractor 25
(C) What contracts has your organization completed?
Contract Amt Class of Work When Completed Name/Address of Owner
See attached page
Have you ever had a contract terminated (as prime contractor or sub-contractor, under existing
company name or another company name) due to failure to comply with contractual
specifications? no
If so, where and why?
Has any officer or partner of your organization ever failed to complete a construction contract
handled in his own name? no
If so, state name of individual, name of owner, and reason thereof ------
BID NO: 86-98/99
DA TE: 6/23/99
CITY OF MIAMI BEACH
11
In what other lines of business are you financially interested or engaged? N I A
Give references as to experience, ability, and financial standing
What equipment do you own that is available for the proposed work and where located?
compressors, scaffolding, neumatic tools, etc. located in a
our warehouse or on current iob sites
What Bank or Banks have you arranged to do business with during the course of the Contract
should it be awarded to you?
First Union National Bank
Please list the names and addresses of the subcontractors to be used for the portions of the work
listed below.
Hayden Electric - Pompano Bch, FL
O'Donnell Concrete - Miami, FL
Metallic Engineering - Miami, FL
Safetron - Miami, FL
//
/7 !/
~
(SEAL )
// ,//
I HEREBY CERTIFY that the above,answers are
Motti Levi - President
(SEAL)
BID NO: 86-98/99
DATE: 6/23/99
CITY OF MIAMI BEACH
12
~1 TO Co
I.;C CONSr~UCl'IO~
RESiGRATiON iNC
::TATE (JF foUWID/\ r:Er{TIFTED
G0~; i;::i;,'\L Cuii'J'iv\CTOI\
~:(f RE:77(-)PAT!(~~J . ~.'J.A.TEfWR(Y]FING . P/\iNT!NC
cac 11001615
E:-:n:rU()[\ INTfcP[()H
PRESSURE CLEANfNG . CAHPENTRY
CONCI1r:n: RE:;rr)R,^.TfON . P()O~. DEer:
UCENSED . INSURED
BONDED
613 SOUTH 21ST A \lENUE
HOLLYWOOD. FL 33020
BRWD. (954) 920-3900
(954) 920-3909
DADE (305) 933-2164
1-800-669-4599
PAX (954) 9200138
CJ
,
IMPORTANT STRUCTURES RECENTLY COMPLETED
Project Name:
O\\TIer Contact:
Telephone #:
Date Completed:
Project Name:
Owner Contact:
Telephone #:
Date Completed:
Project Name:
Owner Contact:
Telephone #:
Date Completed:
Project Name:
Owner Contact:
Telephone #:
Date Completed:
Project Name:
Owner Contact:
Telephone #:
Date Completed:
Project Name:
O\vncr Cont~ct:
Telephone #:
Date Completed:
SOUTH BA Y CLUB CONDOMINIUM-Miami Bch., FL
Louis Petrole
(305)534-0940
Jan. 1998
SAN MICHELE @ WESTON APTS.-Weston, FL
Ann Henderson - Gables Residential
(561 )997-9700
Jan. 1998
LOS PRADOS APARTMENTS-Plantation, FL
Gordon Carnes - Niles Bolton Associates
(404)365-7600
Oct. 1998
WYNDHAM HOTEL
Craig Melichar - Interstate Hotels Corp.
(412)937-3364
Dec. 1998
FOUR~SCONDO~
Buster Cash - Atlantic Group Management
(305)945-7700
Feb. 1999
EXCELSIOR CONDOMINIUM
Robert Duggar
(305)593-1141
Aug. 1998
ADA BUILDING MODIFICATIONS
CUSTOMER REFERENCE LISTING
Contractor's shall furnish the names, addresses, and telephone numbers of a minimum of tour (4)
firms or government organizations for which the Contractor is currently furnishing or has furnished,
similar services.
I)
Company Name
Address
Contact Person
Telephone Number
2)
Company Name
Address
Contact Person
Telephone Number
3)
Company Name
Address
Contact Person
Telephone Number
4)
Company Name
Address
Contact Person
Telephone Number
BID NO: 86-98/99
DATE: 6/23/99
The Westin Resort
4833 Collins Ave. Miami Bch, FL
Brad Smith
CONTRACT AMOUNT: $2 million
(954) 232-2290
South Bay Club Condominium
800 West Avenue Miami Bch, FL
Louis Petrole CONTRACT AMOUNT: $1.2 million
(305) 534-0940
Manatee Condominium
9273 Collins Avenue
Surfside, FL
William Cash
CONTRACT AMOUNT: $500,000
(305) 945-7700
San Michele @ Weston Apartments
1343 San Michele Blvd. Weston, FL
Ann Henderson CONTRACT AMOUNT: $500,000
(561) 997-9700
CITY OF MIAMI BEACH
13
INSURANCE CHECK LIST
xxx 1.
Workers' Compensation and Employer's Liability per the Statutory limits
ot the state of Florida.
xxx 2.
Comprehensive General Liability (occurrence form), limits of liability
$1,000,000.00 per occurrence for bodily injury property damage to include
Premises/ Operations; Products and Completed Operations; Independent
Contractors; Broad Form Property Damage Endorsement and Contractual
Indemnity (Hold harmless endorsement exactly as written in "insurance
requirements" of specifications).
xxx 3.
Automobile Liability - $100,000.00/$300,000.00 - $50,000.00 each
occurrence - owned/non-ownedJhired automobiles included.
4.
Excess Liability - $1,000,000.00 per occurrence to follow the primary
coverages.
xxx 5.
The. City must be named as and additional insured on the liability policies;
and it must be stated on the certificate.
6.
Other Insurance as indicated:
_ Builders Risk completed value
_ Liquor Liability
_ Fire Legal Liability
_ Protection and Indemnity
_ Employee Dishonesty Bond
Other
$
$
$
$
$
$
.00
.00
.00
.00
.00
.00
xxx 7.
Thirty (30) days written cancellation notice required.
xxx 8.
Best's guide rating B+: VI or better, latest edition.
xxx 9.
The certificate must state the bid number and title
BIDDER AND INSUR<\NCE AGENT S17A TE1\-fENT:/"
We understand the Insurance Requirements of~he..~ Specific';;;ons7and a(~idence of this
insurance may by required within five (5) day( after bid opening. 7L ""
Coast to Coast Construction C/ / [ / /
& Restoration, Inc. / (.. /7 ~
Bidder Signature of Bidder
BID NO: 86-98/99
DATE: 6/23/99
CITY OF MIAMI BEACH
27
THE AMERICAN INSTITUTE OF ARCHITECTS
I
AlA Document -"'310
Bid Bond
KNOW All MEN BY THESE PRESENTS, that we
IH.,. inN" f"lI n..... and add,... 0' 1.10. lill. 01 Conl,aclorl
COAST TO COAST CONSTRUCTION & RESTORATION, INC.
as Principal, hereinafter called the Principal, and
(H".. insert lull n._ ..... ....._. 0' ....1 lid" 01 Surety!
The Mountbatten Surety Company, Inc.
a corporation duly organi.zed under the laws of the State of Pennsylvania
as Surety, hereinafter ailed the Surety, are held and firmly bound unto
(H",,, i....rt lull n..... and add,es. 0' 1.101 lill" 01 Own""
City of Miami Beach
as Obligee, hereinafter ailed the Obligee, in the sum of
--------Five Percent of Amount Bid--------
Dollars ($ 5% ),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has submitted a bid for
(Hen i-c lull IYme. .....l'ftI JIId description of projecO
ADA BUILDING MODIFICATIONS; PROJECT NO. 86-98-99
NOW, THEREFORE, if the Oblll" sh,lI ,ccept the bid of the Princip,l,nd the Princi~1 SNII enler into, Contract
with the Obligee in accord,nce with the terms of such bid, ,nd give such bond or bonds as may be specified in the biddln.
or Contract Documents with good and sufficient surety for the f,ithful perfonllM1Ce of such Contr,ct and for the prompt
~yment of I,bor ,nd materi,l furnished in the prosecution thereof, or in the ~t of the failure of the Princi~1 to enter
such Cont~ct ,nd live such bond.."r bonds, if the Principal sh..1I ply to the ObUS" the difference not to exceed the penalty
her~f between the amount specified in ~id bid ,nd such larser amount for which the Oblipe moly in sood faith cont~ct
with inother pArty to perform the Work covered by ~id bid, then this obliplion shall be null ,nd YOid, otherwise to reINin
in full force and effect. /
1
Signed and sealed this 20th day of July
Coast to Coast
I &
I
Charles J.
/ 1999
(~.Jl
.,-
, Inc.
(5e.."
AlA DOCUMENT AJ1. . ISlD aONO . AlA.' FEBRUARY 1970 (Q . THE AMERICAN
INSTITUTE OF ARCHITECTS, lnS N.Y. AVE., N.W.. WASHINCTON, D. C. ZOOO6
1
~
THE J\'IOUNTBATTE;'i SURETY COMP.-\.'fY, Ii'ic.
Power of Attorney
IC'IOW ALL :'vIE:'I BY THESE PRESE:'ITS: That The Mountbaru:n Surety Company, Inc.. a corpor:mon oilhe Commonwealth of Pe:msylvamJ.
has made, cons[J[U[cd and appointed. :md by these presents does m:lkc. consntute :md Jppoim
Cha~les J. Nielson, Charles D. Nielson! Warren M. Alt~r, Kevin R. Wojtowicz, Roy D. May, Jr.,
Brett M. Rosenhaus, Donald A. Lamoert, Jr., D. ~~chael Stevens, Laura D. Mosholder,
Karen Brooks-Gray and/or Mary C. Aceves all Florida
Irs true Jnd lawful Attorney-in-Fact. to make. execute :md de!ivC':' on its behalf insurance policies. surety bonds. underukmgs :J.Ild other insll'ume:1[S oi a similar nature as
follows:
:'lOT TO EXCEED See ...lllllON DOLL>,RS
(S 6.000.000.00)
Such insur:lIlce policies. surety bonds. underukings:md instruments for said purposes, when duiy executed by the aioresaid Attorney-in-Fact. shJII be binding upon
the saId Corpor:ltion as fully and to the same extent as if signed by the duly authorized officers oithe Corpor:ltion and seJled with its COrpOr.lCC seJI; and all the acts of
SJid Attorney-in-Fact. pursuant to the authority hrn:by givcn, are hrn:by r.ltified and confinned.
This appointment is made pursuant to the following By-Laws which were duly :u1opted by the Bo:m! of Directors oithe said Corporation on August 28,1992 with all
Amendments thrn:to and are still in full fO!1:e and elfect
. Article XII: Policies. Bonds. Recognitions, Stipulations. Consents of Surety, Underwriting Undat:1lcings, md Instruments Relating Thrn:to.
Section 12-1. Insurance policies, bonds. recognitions., stipul3tions. conscnts of surety and undcnmting undaukings of the Corporation, and rele:lSes. 3grcements ;md
other writings relating in any way thereto or to any dum or loss thereWlder. shall be signed in tbc name and on bch:l.lf of the Corporation: 3) by the Ch:1irm:m of the
Board, the President or 3 Vice President. :md by the Sccrcl:lrY or an Assistlnt Sccrcl:lrY; or b) by:m Attorney-in-F~ct for the Corporation 3ppointed and 3uthorized by
the Chairm:m of the Board. the l'1'l:sident. or a Vice President to make such signalUrl:; or c) by such other officers or representatives as the Board may from time to
time determine.
The seal of the Corporation sh3ll if appropri3te be :1fIixed thereto by :my such officer, Attorney-in-Fact or n:presenCltive. The 3UthOrity of such Attorney-in-Fact;md
Agents shall be as prescnoed in the instrument evidencing their appoinanent. Any such appointment and :lll 3uthOrity gr:mted thereby may be revoked at;my time by
the Board of Directors or by any person empowered to make such :cppoinanent..
IN WITNESS WHEREOF, The Mounth~tten Surety Company, Inc. has c:luserl tbcsc presents to be duly signed and its corper:1te seal to be hercWlto affixed:md duly
3ttested this 24th day of June. 1998.
A"=, 4z~
/ L ~ ,Sccrcary
Commonwe:utll ofPennsylvani3
County of Montgorncry
(Se:l
)
""'gJCO__' !N"-
By: rl.~.
K.ctmeth L Brier. dent
On this 24th d3Y of June. 1998. before me ~onally appcnred K=eth L Brier, Presidcnt of The MOunth3tten Surety Comp;my. Inc. with whom I am person:1ily
acquaInted, '",i:o. tieing by me duly sworn, said that he resides in the Commonwealth ofPennsyiv:uua.lh.at he is Prc:ndent of The MOunth3tle:1 Sure:y Company, Inc.,
the c()~ranon descrieed in and which executed the foregoing instrument; that he Imo~ the corporate seal of the said Corpention; that the seal affixed to said
instrum.:nt is such corpornte seal; t It was so :1.l LX . . tors of said Corporation: and that he signed his n:une thrn:to as President of said
Corporation by like 3udtOri!)'. Notarlal Seal
An~ T. Slawart, Notary Public
($eal) Lower Menon Twp.. Mcntgcmery C-Junrv Not:J.ry Public
Mv Corrmisskln Exoires Auo. 5,
Memt-er. P9nnsyr;ar.ra Ass<::::ar!CC~TI:
I, the undersigned Se:coer.llj' of The Mounthatten Surety Company, Inc. do hereby certify th3t the original Power of AttOrney of which the foregoing is a full, true and
COlTCct copy. is in full fOfe.: and elTect on the dare of this Certifiele and I do further certify tIw the Officer who executed the s3id Power of Attomey was one of the
Officers ::uthorized by Ihe Board of DirectotSlO appoint an Allamey-in-F:lCt:lS provided in Sec:ion 12-1 of the By-l..1ws of The Mounthatten Surety Company, Inc.
This CcrtificJte ll'l:lY be: signed and soled by f3csimile under JIld by authority oCthe Ibllowing provisions of the By-l..1ws of The Mounlbatten Surety Company, Inc.:
"Section 1::-':. The use af:l printed t'acsirrule of the corpo~te seal at' the Corpa~tion md of the: sign3turc of the S=t:Uy or an Assist:lnt Secn::.:lry on any
cemricalion of the COlTCc:t1ess ofa copy ofan instrumcnt executed by an authorized ~on pursuant to Article XlI. Section 12-1 oft.'!e By-l..1ws aopointing md
3uthorizing an Attorney-in-FacI to sign in the n:une and on beh~lf of the Corpo~tion surety bonds. underwriting underukings, or other instrurncnts descnbed in s3id
Sec~on 12.1. Wlth like elTec: as if such seal and such signature h:u1 been manu311y :uTtxed :md =de."
In Witness Whereat: I h:lve hereunto set my h:md and Jl1ixed:he COrflorate se::1 of the Curporation to these presents
thiS 20th day at' July , 999 .
This ;:owerafattcrney is only v:llid wlthCo i;lBR="20SJ1S9 md theongin31. rd 5::Jmp at1ixed here:o.
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INVITATION TO BID
ADA BUILDING MODIFICATIONS
BID No. 86-98/99
BID OPENING: JULY 23, 1999 AT 3:00 PM
Issued by:
Michael A. Rath, CPPB, Procurement Director
City of Miami Beach - Procurement Division
1700 Convention Center Drive
Miami Beach, FL 33139
CITY OF
MIA.MI
BEACH
CI TY Hf\LL . .-:,' ,:0NI,::" 'iON CEi'J Ie,":; i.JHi v::: ,v11A1Y11 BEACH FLORIDA 3:3 139
NOTICE TO CONTRACTORS
PROCUREMENT DIVISION
1 700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
TELEPHONE: (305) 673-7490
SUNCOM: (3051933-7490
FAX. (305) 673-7851
CITY OF MIAMI BEACH
INVITATION TO BID NO. 86-98/99
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 23rd day of July,
1999 for:
A.DA. BUILDING MODIFICATIONS
At time, date and place above, bids will be publicly opened. Any bids received after time and date
specified will be returned to the bidder unopened.
A Pre-Bid Conference has been scheduled for 10:00 a.m. on July 9th. 1999, at City of Miami Beach,
City Hall, First Floor Conference Room, 1700 Convention Center Drive, Miami Beach, FL 33139.
Drawings and specifications will be available June 25th, 1999 for a non-refundable cost of $25.00
per set at the office of the Procurement Director, 1700 Convention Center Drive, 3rd Floor, Miami
Beach, Florida.
A Bid Bond of five (5%) percent of the bid amount will be required. The successful bidder will be
required to furnish Perfonnance and Payment Bonds, each in the amount of one-hundred (100%)
percent of the contract amount.
You are hereby advised that this Invitation to Bid is subject to the "Cone of Silence, " in accordance
with Ordinance 99-3164. From the time of advertising until the City Manager issues his
recommendation, there is a prohibition on communication with the City's professional staff. The
ordinance does not apply to oral communications at pre-bid conferences, oral presentations before
evaluation committees, contract discussions during any duly noticed public meeting, public
presentations made to the City Commission during any duly noticed public meeting, contract
negotiations with the staff following the award of an RFP, RFQ. RFLL or bid by the City
Commission, or communications in vvriting at any time \\lith any city employee, official, or member
of the City Commission unless specifically prohibited. A copy of all written communications must
be filed with the City Clerk. Violation of these provisions by any particular bidder or proposer shall
,e:;der any RFP a\v3.fd, RFQ award, RFLl award, or bid award to said bidder or proposer void, and
said bidder or proposer 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 questions 0r cI:uitic:ltions concerning this Invitation to Bid shall be submitted in writing by mail
or facsimik eo ehe Procurement Department, 1700 Convention Center Drive, Miami Beach, FL
33139 FAX: (305) 673-7851. The bid title/number shaIl be referenced on all correspondence. All
questions muse be received no later than ten (10) calendar days prior to the scheduled bid opening
date. AIl responses to questions/clarifications will be sent to all prospective bidders in the form of
an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID
DEADLINE.
The City of Miami Beach reserves the right to accept any bid deemed to be in the best interest of the
City of Miami Beach. or waive any informality in any bid. The City of Miami Beach may reject any
and all bids.
CITY OF MIAMI BEACH
l,lv I] n~
~ WU.,-,
Michael A. Rath, CPPB
Procurement Director
UID No. 86-98/99
BID PROPOSAL FOR
ADA BUILDING MODIFICATIONS
PROPOSAL PAGE 1 OF 7
PROPOSAL OF
(Name)
(Address)
(FOR)
Constructing the improvements designated and described in the attached Notice to Contractors,
and which said Improvements are designated as the ADA BUILDING MODIFICATIONS and
more particularly set forth herein.
SUBMITTED
19
TO MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA:
We the undersigned, hereby declare that no person or persons, firm or corporation other than the
undersigned, are interested in this Proposal, as principals, and that this Proposal is made without
collusion with any person, firm or corporation, and we have carefully and to our full satisfaction
examined the attached Notice to Contractors, General Provisions, Specifications for Materials
and Construction Methods, Supplementary Conditions, and form of Contract and Bond, together
with the accompanying Plans, and that we have made a full examination of the location of the
proposed Work and the sources of supply and materials, and we hereby agree to furnish all
implements, machinery, equipment, transportation, tools, materials, supplies, labor, and other
things necessary to the prosecution and completion of the work, fully understanding that the
quantities shown in the Notice to Contractors and Proposal are approximate only, and that we
will fully complete all necessary work in accordance with the Plans and the attached
Specifications. and the requirements li.'1der them oft..1.c Engineer within the time limit specified
in this Proposal for the following unit prices to-wit:
BID NO: 86-98/99
DA TE: 6/23/99
CITY OF MIAMI BEACH
4
BlD No. 86-98/99
BID PROPOSAL FOR
ADA BuILDING lVIODlFICA TIONS
PROPOSAL PAGE 2 OF 7
All bid items shall include costs for furnishing to the City all material, equipment, and supplies
and for all cost incurred in completing the work, including installation of all materials,
equipment, and supplies furnished, complete in place and ready for continued service, including
all tie-in work and testing, all other labor, permit fees, taxes, insurance, miscellaneous costs,
overhead and profit.
The Contractor shall be Substantially Completed with the Work within sixty (60) calendar
days after the date when the Contract Time commences to run as provided in paragraph 2.3 of
the General Conditions, and completed and ready for final payment in accordance with
paragraph 14.13 of the General Conditions within seventy-five (75) calendar days after the date
when the Contract Time commences to run.
ITEM" A": 555 17th Street Building Modifications
Lump Sum (Base Bid) $
ITEM "B": 10th Street Community Center Modifications
Lump Sum (Base Bid) $
Each location specified in this bid could be awarded on an individual basis, so each price
proposed must be capable of standing alone and not be dependent on award of both
locations. Please state a total if both locations are awarded to a single bidder.
Lump Sum (Base Bid) If Both Locations (Items A-B) Are Awarded :$
NOTE:
*
THE LUMP SUM (ITEM "A" & ITEM "B", BASE BID) SHALL CONSIST OF ALL
EXTERIOR WORK AS DESCRlBED IN THE PLANS AND SPECIFICATIONS, AS
PROVIDED BY M.C. HARRY & ASSOCIATES, CONSISTING OF CONCRETE
RAMPS, FOUNDA TraNS, AND HANDRAILS. NO INTERIOR WORK, DOORS
OR ROOFING WORK SHALL BE PART OF THE LUMP SUM (BASE BID).
BID NO: 86-98/99
DATE: 6/23/99
CITY OF MIAMI BEACH
5
BID No. 86-98/99
BID PROPOSAL FOR
ADA BUILDING MODIFICATIONS
PROPOSAL PAGE 3 OF 7
555 17T11 STREET "PAN BUILDING"
ALTERNATE #1
ALL INTERIOR WORK DESCRIBED IN THE PLANS AND SPECIFICATIONS AS
ALTERNATE #1 (SHEET #A-l AND #A-2, DATED 4/29/99) ARE HEREBY DELETED
FROM THIS PROJECT.
ALTERNATE #2
ALL HANDRAILS SHOWN AS STAINLESS STEEL IN CONTRACT DOCUMENTS TO BE
FABRlCATED FROM ALUMINUM OR THE SAFETRON HANDRAIL SYSTEM. THIS
\\!ILL RESULT IN A REDUCTION/ADDITION (CIRCLE ONE).
TO THE BASE BID BY $:
ALUMINUM:
SAFETRON:
ALTERNATE #3
MAIN ENTRY HANDRAIL (SEE DETAILS 1,4,8,9,10 ON SHEET A-4) TO BE
F ABRlCA TED FROM ALUMINUM OR SAFETRON HANDRAIL SYSTEM. DESIGN TO
BE 1 W' DIA. 1/4" WALL PIPE POST WITH CONTINUOUS HANDRAIL OF 1 W' DIA. &
1/4" WALL FULL Y WELDED AND GROUND FLUSH AT ALL JOINTS. POST GROUTED
6" MIN. INTO RAMP. LOCATE POSTAS SHOVIN IN CONTRACT DOCUMENTS. THIS
\\!ILL RESULT IN A REDUCTION/ADDITION (CIRCLE ONE)
TO THE BASE BID BY $:
ALUMINUM
ALTERNATE #4
SAFETRON
SUBSTITUTE MIAMI BEACH RED CONCRETE WHERE DRAWINGS INDICATED
TERRAZZO TO MATCH EXISTING. THIS WILL RESULT IN A
REDUCTION/ADDITION (CIRCLE ONE)
TO THE BASE BID BY $:
BID NO: 86-98/99
DA TE: 6/23/99
CITY OF MIAMI BEACH
6
BID No. xx-98/99
T"'\YT"'\ T'\~r"\n"r- 4 y ......."........
UU~ J. J.\.VJ. V"-'rtL C VJ.\.
ADA BUILDING MODIFICA TrONS
PROPOSAL PAGE 4 OF 7
lOTI! STREET COMMUNITY CENTER
ALTERNATE #1
ALL HANDRA.ILS SHOWN AS STAINLESS STEEL IN CONTRACT DOCUMENTS TO BE
F ABRICA TED FROM ALUMINUM OR SAFETRON. ALL HANDRAILS MUST
CONFORM TO THE DESIGN SHOWN IN THE CONTRACT DOCUMENTS. THIS WILL
RESUL T IN A REDUCTION/ADDITION (CIRCLE ONE)
TO THE BASE BID BY $
ALUMINUM
SAFETRON
AL TERNA TE #2
ALL WORK RELATED TO NEW ROOF EXTENSION AND SUPPORTS DESCRIBED IN
THE PLANS AND SPECIFICATIONS AS ALTERNATE #2, (SHEET A-3, DATED 4/29/99)
ARE HEREBY DELETED FROM THIS PROJECT.
ALTERNATE #3
SUBSTITUTE "SAFETRON" HAl'\TDRAIL SYSTEMS FOR SPECIFIED NT NORMBAU
HANDRAIL SYSTEM. THIS WILL RESULT IN A REDUCTION/ADDITION (CIRCLE
ONE)
TO THE BASE BiD BY $:
SAFETRON
*for information on SAFETRON handrail svstems call 305.233.5511
*for information on NT NORMBAU handrail systems call 1.800.452.7925
BID NO: 86-98/99
DA TE: 6/23/99
CITY OF MIAMI BEACH
7
PROPOSAL PAGE 5 OF 7
ADDE;\DUM ACKNOWLEDGi\-IENT
ADDENDUM
DATED
SIGNATURE OF PERSON SIGNING BID
No.
No.
No.
Bidder accepts all of the terms and conditions of the Bidding Documents, including without
limitation those dealing \vith the disposition of the Proposal Guaranty.
In submitting this Proposal, Bidder makes all representations required by the Instructions to
Bidders and further \varrants and represents that:
a. Bidder has examined copies of all the Bidding Documents, the Notice to Contractors, the
Proposal Requirements and Conditions, and the following Addenda (receipt of all which
is hereby acknowledged):
b. Bidder has familiarized itself with the nature and extent of the Contract Documents,
Work Site. Locality, and all Local Conditions and Laws and Regulations that in any
manner may affect cost, progress, performance, or furnishing of the Work.
c. Bidder has studied carefully all reports and drawings of subsurface conditions and
drawings of physical conditions which are identified in the Supplementary Conditions as
provided in Paragraph 4.2 of the General Conditions, and accepts the determination set
forth in Paragraph SC-4.2 of the Supplementary Conditions of the extent of the technical
data contained in such reports and drawings upon which Bidder is entitled to rely.
d. Bidder has obtained and carefully studied (or assumes responsibility for obtaining and
carefully studying) all such examinations, investigations, explorations, tests and studies
(in addition to or to su~~lement those referred to in (b') above') which pertain to the
subsurface or physical conditions at the site or otherwise may affect the cost, progress,
performance or furnishing of the Work at the Contract Price, within the Contract Time
and in accordance with the other terms and conditions of the Contract Documents,
including specifically the provisions of Paragraph 4.2 of the General Conditions; and no
additional examinations, investigations, explorations, tests, reports or similar information
or data are or will be required by Bidder for such purposes.
BID NO: 86-98/99
DA TE: 6/23/99
CITY OF MIAMI BEACH
8
PROPOSAL PAGE 6 OF 7
~ Bidder has reviewed and checked all information and data sho\V11 or indicated in the
Contract Documents with respect to existing Underground Facilities at or contiguous to
the site and assumes responsibility for the accurate location of said Underground
Facilities. No additional examinations, investigations, explorations, tests, reports or
similar information or data in respect of said Underground Facilities are or wiII be
required by Bidder in order to perform and furnish the Work at the Contract Price, within
the Contract Time and in accordance with the other terms and conditions of the Contract
Documents, including specifically the provisions of Paragraph 4.3 of the General
Conditions.
f. Bidder has correlated the results of all such observations, examinations, investigations,
explorations, tests, reports and studies with the terms and conditions of the Contract
Documents.
g. Bidder has given the City \VTitten notice of all conflicts, errors or discrepancies that it has
discovered in the Contract Documents and the written resolution thereof by City is
acceptable to Bidder.
FIRM'S NAME (print or Type):
SIGNA TURE:
TITLE/PRlNTED NAl'\1E:
ADDRESS:
TELEPHONE NUMBER:
FAX:
BID NO: 86-98/99
DATE: 6/23/99
CITY OF MIAMI BEACH
9
PROPOSAL PAGE 7 OF 7
The undersigned further Jgrees to perform all necessary "Extra Work", as provided for in the
General and Supplementary Provisions and to execute the attached Contract within ten (10)
calendar days after the date on which the Notice of A ward has been given. The undersigned
further agrees to commence work under this Contract within seven (7) days following the date
indicated on the Notice to Proceed by the City and to Substantially Complete the Work and to
fully and Finally Complete the Work with the Contract Time period as stipulated in the
Agreement. The undersigned further agrees to pay as liquidated damages for each consecutive
calendar day that passes after the Contract Substantial Completion date that the Work is not
substantially completed. and for each consecutive calendar day that passes after the Contract
Final Completion d:lte th:1t the Work is not completed and ready for final payment, the amounts
of liquidated darnJges being as stipulated in the Agreement. The undersigned further agrees to
furnish sufficient and satisfactory bond in the sum of not less than (100%) one~hundred percent
of the contract price of the work.
The undersigned further agrees to bear full cost of maintaining all work until the final
acceptance, as provided in the General Provisions.
Accompanying this Proposal is a Bid Bond made payable to the City of Miami Beach, Florida in
the swn of
Dollars $
Bid Bond is to be forfeited as liquidated damages if, in case this Proposal is accepted, the
undersigned shall fail to execute the attached Contract under the conditions of this Proposal;
othenvise, said Bid Bond is to be returned to the undersigned upon the delivery of Satisfactory
Bond.
Signature & Title
Address
Telephone Number
BID NO: 86-98/99
DATE: 6/23/99
CITY OF MIAMI BEACH
10
CONTR;\CTOR'S QUESTIONNAIRE
NOTE:
Information supplied in response to this questionnaire is subject to
verification. Inaccurate or incomplete answers may he grounds for
disqualification from award of this bid.
Submitted to The Mayor and City Commission of the City of Miami Beach, Florida:
By
Principal Office
How many years has your organization been in business as a General Contractor under your
present business name'?
Does your organization have current occupational licenses entitling it to do the work
contemplated in this Contract?
State of Florida occupational license - state type and number:
Dade County certificate of competency - state type and number:
City of Miami Beach occupational license - state type and number:
Include copies of above licenses and certificates with proposal.
How many years experience in similar work has your organization had?
(A) As a General Contractor
(B) As a Sub-Contractor
(C) \\!hat contracts has your organization completed?
Contract Amt Class of Work \\!hen Completed Name/Address ofO\\-TIer
Have you ever had a contract terminated (as prime contractor or sub-contractor, under existing
company name or another company name) due to failure to comply with contractual
specifications?
If so, where and why?
Has any officer or partner of your organization ever failed to complete a construction contract
handled in his own name?
If so, state name of individual, name of owner, and reason thereof
BID NO: 86-98/99
DATE: 6/23/99
CITY OF MIAMI BEACH
11
In what other lines of business are you financially interested or engaged?
Give references as to experience, ability, and financial standing
What equipment do you 0\\011 that is available for the proposed work and where located?
What Bank or Banks have you arranged to do business with during the course of the Contract
should it be awarded to you?
Please list the names and addresses of the subcontractors to be used for the portions of the work
listed below.
I HEREBY CERTIFY that the above answers are true and correct.
(SEAL)
(SEAL)
BID NO: 86-98/99
DA TE: 6/23/99
CITY OF MIAMI BEACH
12
. -.. -.' -.-.-
ADA BUILDING MODIFICATIONS
CUSTOMER REFERENCE LISTING
Contractor's shall furnish the names. addresses, and telephone l'umbers of a minimum of four (4)
fi rms or government organizations for which the Contractor is currently furnishing or has furnished,
similar services.
1)
Company Name
Address
Contact Person
Telephone Number
2)
Company Name
Address
Contact Person
Telephone Number
3)
Company Name
Address
Contact Person
Telephone Number
4)
Company Name
Address
Contact Person
Telephone Number
BID NO: 86-98/99
DATE: 6/23/99
CITY OF MIAMI BEACH
13
. ...----
AGREEMENT
THIS AGREEMENT made this day of 19_, A.D. between the
CITY OF MIA.\-lI BEACH, a Florida mUlllt:lpal t:orporation, ht:rt:mafter called the City, which
term shall include its successors and assigns, party of the one part, and
hereinafter called the Contractor, which term shall include its heirs, successors and assigns, party
of the other part.
WITNESSETH that the said Contractor for the consideration and compensation herein agreed to
be paid and the said City. in consideration of the construction of improvements to be done by said
Contractor and designated "ADA BUILDING MODIFICATIONS" by said City, do hereby mutually
agree as follows:
I. This Agreement shall extend to and be obligatory upon said City, its successors and assigns,
and upon said Contractor and its heirs, successors and assigns. Neither this Agreement nor
any part thereof nor any part of the Work herein contemplated, shall be assigned or sublet,
nor shall any sums of money provided to be paid to said Contractor be assigned by said
Contractor to anyone without the consent of the City Commission of said City evidenced by
its resolution.
2. The foregoing pages of this booklet, including the Notice to Contractors, the Proposal, and
the Contract Documents and such alterations as may be made in said Plans and
Specifications as therein provided for, are hereby referred to and made a part of this
Agreement and the terms and conditions set forth therein, except when in direct conflict with
this written Contract, are as much a part hereof as if copied herein. If conflicts exist between
them and this written instrument, only that part of the matter in direct conflict herewith shall
not be construed to be a part hereof.
3. The Contractor shall commence work within seven (7) days of the Notice to Proceed and
shall construct and complete in a good and workmanlike manner the materials herein referred
to, strictly in accord herewith the following:
3.1 The Contractor shall be Substantially Completed with the Work within sixty (60)
calendar days after the date when the Contract Time commences to run as provided
in paragraph 2.3 of the General Conditions, and completed and ready for final
payment in accordance with paragraph 14.13 of the General Conditions within
seventy-five (75) calendar days after the date when the Contract Time commences
to run.
BID NO: 86-98/99
DA TE: 6/2JI'J9
CITY OF MIAMI BEACH
14
.., -,
J._
Damages - City and Contnctnr recognize that the City \.vill sutTer direct financial/ass
if Work is not completed \.vithin the Contract times specified in pJragraph 3. I above
(t)r Jltem:1te bid item No.1. if awarded by City) plus any extensions thereof allowed
in accord~ce with Article 12 of the General Conditions. They also recognize the
lkbys. ~xp~nse anJ JIUlCU!tlL:S involved in proving in a legal or arbitration
proceeding the actual loss suffered by Owner if the Work is not completed on time,
Jnd therefore time is of the essence. Accordingly, instead of requiring any such
proof ContrJctl)r agrees to forfeit and pay Owner as liquidated damages for delay
(but not JS J penalty) the amount of 0r.e Hundred Dollars (SI00.00) for each
calendar day that expires after the Contract Time specified in paragraph 3.1 for
Substantial Completion until the Work is substantially complete. After Substantial
Completion if Contractor shall neglect, refuse, or fail to complete the remaining
Work \.\irrjn the Contract Time, Contractor shall pay Owner One Hundred Dollars
(5100.00) for each calendar day that expires after the time specified in
Paragraph 3.1 for completion and readiness for final payment. These amounts
represent a reasonable estimate of Owner's expenses for extended delays and for
inspection. engineering services and administrative costs associated with such delay.
4. In such construction said Contractor shall furnish all implements, machinery, equipment,
transportation. tools, materials, supplies labor, and other things necessary to the execution
and completion of the Work, nothing being required of the City except that it may, at its
expense. supervise such construction and enter upon and inspect the same at all reasonable
times.
5. If any dispute ms-:s between the City and said Contr:lctor with reference to the meaning or
requirements of any part of this Contract and they cannot agree, the more stringent
requirements shall govern as determined by the City.
6. If the Contractor shall complete the construction herein contemplated in a good and
workmanlike manner ""ithin the time herein specified and in accord herewith, the said City
shall pay to the Contractor the contr:lct sum in accordance with the Conditions of the
Contract. The City, by allowing Contractor to continue with said construction after the time
for its completion he;einbefore stated shall not deprive City of the right to exercise any
option in this Agreement contained nor shall it operate to :lIter any other term of this
Agreement.
7. The Contractor shall file with the Procurement Director of said City of Miami Beach a
Performance and Labor and Material Payment Bond, each in the amount of 100 percent of
Contract Amount, in the form as set forth herein or as otherwise approved by the City of
Miami Beach City Attorney and shall be executed by said Contractor and Surety Agent
authorized to do business in the State of Florida.
8. The Contractor shall file Insurance Certificates, as required, and they must be signed by a
Registered Insurance Agent licensed in the State of Florida and approved by the City of
Miami Beach Risk Manager.
BID NO: 86-98/99
DATE: 6/23/99
CITY OF MIAMI BEACH
15
0. All dOCU~lents shJ.ll be executed sJ.tisfactc;:!y to said City and until Bonds and Insurance
Certi fic3tes have been fi led and approved, this Contract Agreement shall not be effective.
10. Owner Sh31l P3Y Contractor for performance of the Work in accordance with the Contract
Documents in current funds at the lump sum or unit prices presented in the Bid Proposal,
attached to this Agreement. The parties expressly agree that the Contract Price is a stipulated
sum except with regard to the items in the Bid which are subject to unit prices.
Contract Price: $
II. The Contract Docwnents which comprise the entire Agreement between City and Contractor
are attached to this Agreement and made a part hereof.
The Contract Documents may only be amended, modified or supplemented as provided
in the General Conditions.
IN WITNESS WHEREOF the said City has caused this Agreement to be signed by the Mayor of
the City of Miami Beach. Florida and its corporate seal to be affixed, attested by the City Clerk of
the City of Miami Beach and the said Contractor has caused this Agreement to be signed it its name.
(SEAL)
CITY OF MIAMI BEACH
Contractor
By
(Authorized Corporate Officer)
By
Mayor
ATTEST:
Title
City Clerk
BID NO: 86-98/99
DA TE; 6/23/99
CITY OF MIAMI BEACH
16
PERFORMANCE BOND
(This bond meets and exceeds the requirements of Florida Statutes Section 255.05)
STATE OF FLORIDA
ss
COUNTY OF )
KNOW ALL MEN BY THESE PRESENTS that we,
as Principal, hereinafter called Contractor, and
as Surety, are firmly bound unto the City of Miami
Beach, Florida, as Obligee, hereinafter called the City, in the Penal sum of
Dollars ($ ), for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,
firmly by these presents.
WHEREAS, Contractor, on the _ day of , 19_, entered into a
certain contract 'With the City, hereto attached, for BID NO. 86-98/99, Entitled, "ADA
BUILDING MODIFICATIONS" which Contract is made a part hereof by reference thereto.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that,
if the Contractor shall well and truly perform and fulfill all the undertakings, covenants, terms,
conditions and agreements of said Contract, and all duly authorized modifications of said
Contract that may hereafter be made, notice of which modifications to the Surety being hereby
waived, then this obligation shall be void; otherwise to remain in full force and effect.
WHENEVER the Principal shall be and is declared by the City to be in default under the
Contract, or whenever the Contract has been terminated by default of the Contractor, the City
having performed the City's obligations thereunder, the Surety shall:
1. Complete the Contract in accordance with its terms and conditions, or at the City's
sole option.
2. Obtain a Bid or Bids for submission to the City for completing the Contract in
accordance with its terms and conditions, and upon determination by the City and
the Surety of the lowest responsible Bidder, arrange for a Contract between such
J:)lQder all(l the Cny, and make available as Work progresses (even though there
should be a default or a succession of defaults under the Contract or Contracts of
completion arranged under this paragraph) sufficient funds to pay the cost of
completion less the balance of the Contract price; but not exceeding, including
other costs and damages for which the Surety may be liable hereunder, the amount
set forth in the first paragraph hereof The term "balance of the Contract price" as
used in this paragraph, shall mean the total amount payable by the City to the
Contractor under the Contract and any amendments thereto, less the amount
properly paid by the City to the Contractor.
No right of action shall accrue on this Bond to or for the use of any person or corporation
BID NO: 86-98/99
DATE: 6/23199
CITY OF MlAl\-n BEACH
17
other than the Cay nJ.med herein or the successors or assignees thereof.
The Surety shJ.ll and does hereby agree to indemnify the City and hold it harmless of,
from and against J11Y J11d all liability, loss, cost, damage or ~xpense, including reasonable
attorneys fees, engineering J11d architectural fees or other professional services which the City
may incur or which may accrue or be imposed upon it by reason of any negligence, default, act
and/or omission on the part of the Contractor, any Subcontractor and Contractor's or
Subcontractors agents, servants and/or employees, in, about or on account of the Construction of
the work and perfonnance of said Contract by the Contractor.
This Bond shall remain in full force and effect for such period or periods of time after the
date of acceptance of the project by the City as are provided for in the Contract Documents, and
the Contractor hereby guarJ11tees to repair or replace for the said periods all work performed and
materials and equipment furnished, which were not performed or furnished according to the
terms of the Contract Documents. If no specific periods of warranty are stated in the Contract
Documents for any particular item of work, material or equipment, the Contractor hereby
guarantees the same for a minimum period of one (I) year from the date of final acceptance by
the City of the entire project.
Any suit on this bond must be instituted within such period or periods as may be provided
by law.
o~D ,..0: 00-90/99
CiTY OF NUA1Hl tlEACH
18
DATE: 6/23/99
IN \VITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their
appropriate officials of the day of , 19
WITNESS:
COUNTERSIGNED BY
RESIDENT FLORIDA
AGENT OF SURETY:
(Copy of Agent's current
License as issued by State
of Florida Insurance
Commissioner
BID NO: 86-98/99
DATE: 6/23/99
PRINCIP AL:
(If sole Proprietor or partnership)
(Finn Name)
BY
Title: (Sole Proprietor or Partner)
PRINCIPAL (If Corporation)
(Corporate Name)
BY
(President)
Attest:
(Secretary)
(CORPORATE SEAL)
SURETY:
By:
Attorney-in-fact
(power of Attorney must be attached)
CITY OF MIAMI BEACH
19
CERTIFICATES AS TO CORPORATE PRINCIPAL
I, , certify that [ am the Secretary of the Corporation named as
Principal in the foregoing bond; that who signed the said bond on behalf of
the Principal, \vas then of said Corporation; that I know his signature, and
hie: e:ig!1J.turc hceto is genuine; and that said bond was duly signed, sealed, and attested for and in
behalf of said Corporation by authority of its governing body.
Secretary
Corporate
Seal
STATE OF FLORIDA)
55
COUNTY OF )
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 is the Attorney-in-Fact, for the and that he has been
authorized by to execute the foregoing bond on behalf of the
Contractor named therein in favor of the City of Miami Beach, Florida.
Subscribed and sworn before me this day of , 19_ A.D.
(Attach Power of Attorney)
Notary Public
State of Florida-at-Large
My Commission Expires:
BID NO: 86-98/99
DATE: 6/23/99
CITY OF MIAMI BEACH
20
LABOR AND MATERIAL PAYMENT BOND
(SECTION 255.05, FLA. STAT.)
BY THIS BOND, W~.
, as Principal, and
as corporation, as Surety, are bound to the City of Miami Beach,
Florida, as obligee, herein called City, in the sum of $ for the
payment of which we bind ourselves, our heirs, personal representatives, successors and assigns,
jointly and severJ11y.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payments to all claimants, as defined in Section 255.05 (1), Fla. Stat.,
supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in
the prosecution of the work provided for in the contract; and
Pays City all losses, damages, expenses, costs, and attorney's fees, including appellate
proceedings, that the City sustains in enforcement of this bond.
Performs the guarantee of all labor and materials furnished under the contract for the time
specified in the contract, then this bond is void, otherwise it remains in full force.
Any changes in or. under the contract documents and compliance or noncompliance with any
formalities connected \\ith the contract or the changes does not affect Surety's obligation under
this bond.
The provisions of Section 255.05, Fla. Stat., are specifically adopted by reference and made a
part hereof for the purposes specified therein.
The contract dated
Bond by reference.
between the City and Principal is made a part of this
Claimants are advised that Section 255.05, Fla. Stat., contains notice and time limitation
provisions which must be strictly complied with.
BID NO: 86-98/99
DATE: 6/23/99
CITY OF MIAMI BEACH
21
IN WITNESS \VHEREOF, the above bounded parties have caused this Bond to be executed by their
aoorof'rinte offici:lls oftht> ri~;/ nf ,11)
WITNESS:
PRINCIPAL:
(If sole Proprietor or partnership)
(Finn Name)
BY
Title: (Sole Proprietor or Partner)
PRINCIP AL (If Corporation)
(Corporate Name)
BY
(President)
Attest:
(Secretary)
(CORPORATE SEAL)
COUNTERSIGNED BY
RESIDENT FLORIDA
AGENT OF SURETY:
SURETY:
(Copy of Agent's current
License as issued by State
of Florida Insurance
Commissioner
By:
Attorney-in-fact
(Power of Attorney must be attached)
BID NO: 86-98/99
DA TE: 6/:::.3/99
CITY OF MIAMI BEACH
22
CERTIFICATES AS TO CORPORATE PRINCIPAL
I, , certify that I am the Secretary of the Corporation named as
Principal in the foregoing bond; that who signed the said bond on behalf of the
Principal, was then of said Corporation; that I know his signature, and his
signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf
of said Corporation by authority of its governing body.
Secretary
Corporate
Seal
STATE OF FLORIDA)
ss
COUNTY OF )
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 is the Attorney in Fact, for the
and that he has been
authorized by
to execute the foregoing bond on behalf of the
Contractor named therein in favor of the City of Miami Beach, Florida.
Subscribed and sworn before me this
day of
,19_A.D.
(Attach Power of Attorney)
Notary Public
State of Florida-at-Large
My commission Expires:
BID NO: 86-98/99
DATE: 6/23/99
CITY OF MIAMI BEACH
23
INSURANCE REQUIREMENTS
See Insurance Check List for applicability to this contract.
a. llle -':lHllractor shall be responsible tor his work and every part thereoC and for all
materials, tools, appliances and property of every description, used in connection
with this particular project. He shall specifically and distinctly assume, and does so
assume, all risks of damage or injury to property or persons used or employed on or in
connection with the work and of all damage or inj ury to any person or property
wherever located, resulting from any action or operation under the contract or in
connection with the:' \vork. It is understood and agreed that at all times the contractor is
acting as an independent contractor.
b. The contractor, at all times during the full duration of work under this contract,
including extra work in connection with this project shall meet the following
requirements:
1.
11.
111.
IV.
v.
VI.
BID NO: 86-98/99
DATE: 6/23/99
Maintain Worker's Compensation and Employer's Liability Insurance to
meet the statutory requirements of the State of Florida.
Maintain Comprehensive General Liability Insurance in amounts
prescribed by the City (see checklist for limits) to protect the contractor in
the interest of the City against all risks of injury to persons (including
death) or damage to property wherever located resulting from any action
or operation under the contract or in connection with the work. This
policy is to provide coverage for premises/operations, independent
contractor, broad form property damage, products/completed operations
and contractual liability.
Maintain Automobile Liability Insurance including Property Damage
covering all owned, non-o\\JTIed or hired automobiles and equipment used
in connection with the work.
~faintain any additional coverages required by the Risk Manager as
indicated on the Insurance Check List.
Name the City of Miami Beach as an additional insured on all liability
policies required by this contract. When naming the City of Miami Beach
as an additional insured onto your policies, the insurance companies
hereby agree and will endorse the policies to state that the City will not be
liable for the payment of any premiums or assessments.
No change or cancellation in insurance shall be made without thirty (30)
days written notice to the City of Miami Beach Risk Manager.
CITY OF MIAMI BEACH
24
\ It. Alllnsuranc-.: pOllClt:S shail be ISSUL:J by companies authorized to do
business under the laws of the State of Florida and these companies must
h:1Ve a rating of at least B+: VI or better per Best's Key Rating Guide, latest
edition.
VIlt. Original signed Certiticates of Insurance, evidencing such coverages and
endorsements as required herein, shall be filed with and approved by the
City of Miami Beach Risk Manager before work is started. The certificate
must state Bid Number and Title. Upon expiration of the required
insurance, the contractor must submit updated certificates of insurance for
as long a period as any work is still in progress.
IX. It is understood and agreed that all policies of insurance provided by the
contractor are primary coverage to any insurance or self-insurance the City
of Miami Beach possesses that may apply to a loss resulting from the work
perfonned in this contract.
c. The liability insurance coverage shall extend to and include the following contractual
indemnity and hold harmless agreement:
liThe contractor hereby agrees to indemnify and hold harmless the City of Miami
Beach, a municipal corporation, its officers, agents, and employees from all claims for
bodily injuries to the public in and up to the amount of $1 ,000,000.00 for each
occurrence and for all damages to the property of others in and up to the amount of
$1,000,000.00 for each occurrence per the insurance requirement under the
specifications including costs of investigation, all expenses of litigation, including
reasonable attorney fees and the cost of appeals arising out of any such claims or suits
because of any and all acts of omission or commission of any by the contractor, his
agents, servants, or employees, or through the mere existence of the project under
contract. BlD NO. 86-98/99, "ADA BUILDING MODIFICATIONS". The foregoing
indemnity agre(,:ment shall apply to any and all claims and suits other than claims and
suits arising out of the sole and exclusive negligence of the City of Miami Beach, its
officers, agents, and employees, as determined by a court of competent jurisdiction.
1.
The contractor will notify his insurance agent without delay of the
existence of the Hold Harmless Agreement contained within this contract,
ana rUffilsh a copy of the Hold Harmless Agreement to the insurance agent
and carrier.
11.
The contractor will obtain and maintain contractual liability insurance in
adequate limits for the sole purpose of protecting the City of Miami Beach
under the Hold Harmless Agreement from any and all claims arising out of
this contractual operation.
BID NO: 86-98/99
DATE: 6/23/99
CITY OF MIAMI BEACH
25
d. All policies issued to cover tht:: insurance requirements herein shall provide full
cover::u:e from the first dollar of exnn<;llr'~ 1\In '_kcluctib!cs will be allowed in any
- ,
policies issued on this contract unless specific safeguards have been established to
assure an adequate fund for payment of deductibles by the insured and approved by
the City's Risk Manager.
e. The contractor will secure and maintain policies of subcontractors. All policies shall
be made available to the City upon demand. Compliance by the contractor and all
subcontractors with the foregoing requirements as to carrying insurance and furnishing
copies of the insurance policies shall not relieve the contractor and all subcontractors
of their liabilities and obligations under any Section or Provisions of this contract.
Contractor shall be as fully responsible to the City for the acts and omissions of the
subcontractor and of persons employed by them as he is for acts and omissions of
persons directly employed by him.
f. Insurance coverage required in these specifications shall be in force throughout the
contract term. Should any awardee fail to provide acceptable evidence of current
insurance within seven days of receipt of written notice at any time during the contract
term, the City shall have the right to consider the contract breached and justifying the
termination thereof.
g. If bidder does not meet the insurance requirements of the specifications; alternate
insurance coverage, satisfactory to the Risk Manager, may be considered.
h. It is understood and agreed that the inclusion of more than one insured under these
policies shall not restrict the coverage provided by these policies for one insured
hereunder with respect to a liability claim or suit by another insured hereunder or an
employee of such other insured and that with respect to claims against any insured
hereunder, other insured hereunder shall be considered members of the public; but the
provisions of this Cross Liability clause shall apply only with respect to liability
arising out of the o'Wnership, maintenance, use, occupancy or repair of such portions of
the premises insured hereunder as are not reserved for the exclusive use of occupancy
of the insured against whom claim is made or suit is tiled.
BID NO: 86-98/99
DATE: 6/23/99
CITY OF MIAMI BEACH
26
INSURANCE CHECK LIST
xxx
l.
\Vorkers' Compensation and Employer's Liability per the Statutory limits
of the state of Florida.
xxx
2.
Comprehensive General Liability (occurrence form), limits of liability
SI.OOO.OOO.OO per occurrence for bodily injury property damage to include
Premises/ Operations; Products and Completed Operations; Independent
Contractors; Broad Form Property Damage Endorsement and Contractual
Indemnity (Hold harmless endorsement exactly as written in "insurance
requirements" of specifications).
xxx
.,
.).
Automobile Liability - $100,000.00/$300,000.00 - $50,000.00 each
occurr~nce - owned/non-o'M1ed/hired automobiles included.
4. Excess Liability - $1,000,000.00 per occurrence to follow the primary
coverages.
XXX 5. The City must be named as and additional insured on the liability policies;
and it must be stated on the certificate.
6. Other Insurance as indicated:
_ Builders Risk completed value $ .00
_ Liquor Liability $ .00
_ Fire Legal Liability $ .00
_ Protection and Indemnity $ .00
_ Employee Dishonesty Bond $ .00
Other $ .00
XXX 7. Thirty (30) days written cancellation notice required.
XXX 8. Best's guide rating B+: VI or better, latest edition.
XXX 9. The certificate must state the bid number and title
BIDDER At'\TD INSURANCE AGENT STATEMENT:
We understand the Insurance Requirements of these specifications and that evidence of this
insurance may by required within five (5) days after bid opening.
Bidder
Signature of Bidder
BID NO: 86-98/99
DATE: 6/23/99
CITY OF MIAMI BEACH
27
DIVISION 1
General Provisions
Section I
DEFINITION OF TERMS
1.1 DEFINITIONS: Whenever in the Specifications, Special Provisions, Proposals,
Contract, or Contract Bond the following terms or pronouns in place of them are used, the intent
and meaning shall be interpreted as follows:
1.2 "City" - The City of Miami Beach, Florida, as represented by its Mayor and City
Commission.
1.3 "Board" - The City Commission of the City of Miami Beach, Florida.
1.4 "City Clerk" - The City Clerk of the City of Miami Beach, Florida.
1.5 "City Manager" - Chief Administrator of the City Commission.
1.6 "Engineer" - The City Engineer of the City of Miami Beach, Florida, or his
authorized assistants.
1.7 "Inspector" - An authorized representative of the City Engineer assigned to make
all necessary inspection of the materials furnished and of the work performed by the Contractor.
1.8 "Bidder" - Any individual, firm or corporation submitting a Proposal for the work
contemplated, acting directly or through a duly authorized representative.
1.9 "Contractor" - The Party of the second part of the Contract, the person, firm or
corporation with whom a Contract has been made by the City.
1.10 "Superintendent" - Executive representative for the Contractor present on the
work at all times during progress, authorized to receive and fulfill instructions from the Engineer
and capable of superintending the work efficiently.
1.11 "Surety" - The corporate body or individual which is bound by the Performance
and Payment Bonds with and for the Contractor, who is primarily liable, and which engages to
be responsible for his acceptable performance of the work for which contract has been made and
for his payment of all debts pertaining thereto.
1.12 "Proposal" - The approved prepared form on which the Bidder is to or has
submitted his, their, or its Proposal for the work contemplated.
BID NO: 86-98/99
DATE: 6/23/99
CITY OF MIAMI BEACH
28
1.13 "Proposal Guaranty" - The security designated in tht: Proposal, to be furnished by
the Bidder as J gUJ.rJnty 0 f good fJith to enter into a Contract wi th the C i tv if the C':ontract is
awarded to him.
1.14 "Plans" - The official approved plans, profile. typical cross-section, general
cross-sections, working drawings. and supplemental drawings, or exact reproductions thereof,
which show the location. character, dimensions and details of the work to be done, and which are
to be considered as a part of the Contract supplementary to these Specifications.
1.15 "Procurement Director" - The purchasing officer for the City of Miami Beach.
1.16 "Specitications" - The directions, provisions and requirements contained herein,
together with all \vritten agreements made or to be made, setting out or relating to the method
and manner of performing the work, or to the quantities and qualities of materials and labor to be
furnished under the Contract.
1.17 "Special Provisions" Specific clauses additional to these Standard Specifications,
setting forth conditions peculiar to the project under consideration. In case of any discrepancy
between the Standard Specifications and the Special Provisions, the Special Provisions are to
govern.
1.18 "Supplemental Agreement" - A written agreement between the Contractor and the
City Engineer, covering alterations and unforeseen work incidental to the project.
1.19 "Contract" - The WTitten agreement covering the performance of the work and the
furnishing of labor and materials in the proposed construction. The contract shall include the
"Proposal," "Plan," "Specifications," "Special Provisions," Performance Bond," and "Labor and
Material Bond" also any and all "Supplemental Agreements" required to complete the work in a
substantial and acceptable manner.
1.20 "Contract Bond" - Performance Bond - The security furnished by the Contractor
and the Surety as a guaranty that the Contractor will execute the work in accordance with the
terms of the Contract.
1.21 "Payment Bond" - The security furnished by the contractor and the surety as to
guaranty that the contractor \vill pay a claimant. A claimant is defined as any person supplying
the Principal with labor, material and supplies, used directly or indirectly by the said Principal or
any subcontractor in the prosecution of the work provided for in said Contract, and is further
defined in Section 255.05(1) of the Florida Statutes.
1.22 "The Work" - All the work specified or mentioned herein or indicated on the Plans
or in the Proposal as contemplated improvement.
1.23 "Questionnaire" - The approved form upon which the Contractor must furnish the
information as to his ability to perform the work, his experience in similar work, and his
financial condition as related to his ability to finance the work.
BID NO: 86-98/99
DATE: 6/23/99
CITY OF MIAMI BEACH
29
Section 2
PROPOSAL REQUIREMENTS AND CONDlTIONS
2.1 Interpretation of Approximate Estimate - The Bidder's attention is called to the
fact that the estimate of quantities of all work to be done and materials to be furnished under the
Specifications as shown on the Plans and on the Proposal Form, is approximate and is given only
as a basis of ca1cul.1tion upon which the award of the Contract is to be made. The City does not
assume any responsibility that the tinal quantities shall remain in strict accordance with
estimated quantities. nor shall the Contractor plead misunderstanding or deception because of
such estimate of quantities or of the character, location of the work or other conditions pertaining
thereto.
2.2 Examination of Plans, Specifications, Special Provisions, and Site of Work - The
Bidder is required to examine carefully the site of, and the Proposal, Plans, Specifications, and
Contract for the "'lork contemplated. and it will be assumed that the Bidder has investigated and
is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of
work to be performed and materials to be furnished and as to the requirements of these
Specifications, Special Provisions, and Contract. It is mutually agreed that submission of a
Proposal shall be considered prima facie evidence that the Bidder has made examination.
2.3 Preparation of Proposals - Proposals shall be submitted on the form provided. All
blank specifications for which quantities are shown must be filled in ink, in both words and
figures with the unit price for the item for which the proposal is made. The bidder shall also state
the time in which he will complete the work bid upon, unless a certain time is stipulated. If the
proposal is made by an individual in his o\VTI proper person or under a trade or firm name, he
shall execute the same under his individual trade or firm name, he shall execute the same under
his individual signature and his post office address shall be shown. If made by a copartnership
the proposal shall be executed for the copartnership, by setting out in full the names of the
partners and the firm name of the partnership, if any, and signed by one or more of the partners,
and the post office address of each of the partners shall be shown. If made by a corporation, the
proposal shall be executed by setting out the corporate name in full, followed by a statement that
it is incorporated and existing under the laws of a named state, and, if it is a foreign corporation,
the fact that it is authorized and permitted to transact business in this State, and signed by its
President, or other authorized corporate officer, with its corporate seal affixed and attested by its
Secretary, and the address of its principal place of business shall be shown.
2.4 Rejection of Irregular Proposals - Proposals will be considered irregular and may
be rejected if they show serious omissions, alterations of form, additions not called for,
conditions, unauthorized alternate bids, or irregularities of any kind.
2.5 Guaranty to Accompany Proposals - No Proposal will be considered unless
accompanied by a "Proposal Guaranty" of the character and amount indicated in the Notice to
Contractors and the Proposal Form, made payable to the City of Miami Beach, Florida.
BID NO: 86-98/99
DATE: 6/23/99
CITY OF MIAMI BEACH
30
2.6 Delivery of Proposals - Each Proposal must be submitted in a scaled envelope
which shall he marked SO:1S !(:) ::-:2:,:::t-= ;;:; -=ontcnt anJ nJmc uluiJJcr clearly. If for.vJrdcd by
mail the above mentioned envelope shall be enclosed in another envelope addressed to the City
Purchasing Agent, Miami Beach, Florida, preferably by registered mail; ifforvvarded otherwise
than by mail. it shall be delivered at the Office of the City Purchasing Agent. Proposals will be
received until the date and hour stared in the "Notice to Contractors."
2.7 Withdrawal of Proposals - No Proposal can be withdrawn after it is filed unless the
Bidder makes his request in writing to the Board prior to the time set for the opening of bids, or
unless the Board fails to accept it within ninety (90) days after the date fixed for opening bids.
Withdrawal of proposals after bid opening will only be accepted with the collection of Bid
Surety by the City.
2.8 Opening of Proposals - Proposals wiIl be opened and read publicly at the time and
place indicated in the "Notice to Contractors." Bidders or their authorized agents are invited to be
present.
2.9 Disqualification of Bidders - Only one Proposal from an individual, firm,
partnership, or corporation, under the same or different names, will be considered. Should it
appear to the Board that any bidder is interested in more than one Proposal for the work
contemplated all Proposals in which such Bidder is interested will be rejected.
The right is reserved to reject the proposal from a bidder who has not paid or satisfactorily settled
all bills due for labor and material on former contracts with the City or contracts with the same in
force at the time of receiving bids.
.
2.10 Competency of Bidders - Bidders must be capable of performing the various items
of work bid upon. They shall furnish a statement covering experience on similar work, a list of
machinery, plant, and other equipment available for the proposed work, and shall Furnish
statements of their financial resources as requested in the Questionnaire. If the available evidence
of competency of any bidder is not satisfactory to the Engineer, the proposal of such Bidder may
be rejected.
2.11 Material Guaranty - Before any Contract is awarded, the Bidder may be required
to furnish a complete statement of the origin, composition, and manufacture of any and all
materials to be used in the work, together with samples, which samples may be subjected to the
tests provided for in these Specifications to determine their quality and fitness for the work.
Subsequent deliveries shall be equal in all respects to the samples submitted.
BID NO: 86-98/99
DA TE: 6/1.3/99
CITY OF MIAMI BEACH
31
Section 3
AWARD AND EXECUTION OF CONTRACT
3.1 Consideration of Bids - For the purpose of award, after the Proposals are opened
and read, the correct summation of the products of the approximate quantities shown in the
Proposal, by the unit bid prices, will be considered the bid. The amounts will then be compared
and the results of such comparison will be available to the public. Until the final award of the
Contract, however, the right will be reserved to reject any or all Proposals and to waive technical
errors as may be deemed best for the interests of the City.
3.2 Award of Contract - The award of the Contract, if it be awarded, will be the lowest
responsible Bidder whose Proposal shall comply with all the requirements necessary to render it
formal. The award, if made, \Vill be within ninety (90) days after the opening of the Proposals,
but in no case \Vill an award be made until all necessary investigations are made as to the
responsibility of the Bidder to whom it is proposed to award the Contract.
3.3 Return of Proposal Guaranties - All Proposal guaranties will be returned
immediately following the tabulation of Bids, except those of the three lowest Bidders. These
guaranties will be returned within ten (10) days following the award of Contract, except that of
the successful Bidder, which \ViII be returned after a satisfactory Bond has been furnished and the
Contract has been executed unless surety is forfeited because of bid withdrawal.
3.4 Contract Bond Required - The successful Bidder entering into a Contract for any
portion of the work will be required to give the City Surety in a sum equal to the amount of the
Contract awarded. The form of the Bond shall be as approved by the City, and the Surety shall
be acceptable to the City, and executed on the form furnished.
In case of default on the part of the Contractor, actions for all expenses incident to
ascertaining and collecring losses under the bond, including both Engineering and Legal services,
shall lie against the bond.
3.5 Execution of Contract and Payment Bond - Within ten (10) days after the Contract
has been awarded, the successful Bidder shall sign the necessary agreements. entering into a
Contract with the City, and return them to the City Engineer. No proposal will be considered
binding upon the City until the execution of this Contract.
BID NO: 86-98/99
DATE: 6/23/99
CITY OF MIAl\'U BEACH
32
3.6 Failure to Execute Contract - Failure to execute a Contract and file an acceptable
Bond as provided herein \vithin ten (10) days from date of award shall be just cause for the
annulment of the award and the forfeiture of the Proposal Guaranty to the City, not as a penalty,
but in liquidation of damages sustained. A ward may then be made to the next lowest responsible
Bidder or the work may be re-advertised or may be constructed by day labor, as the City may
decide.
3.7 Evidence of Authority - Before a Contract is executed the Bidder will be required to
furnish certified copies of:
Excerpts from the By-Laws;
Excerpts from the Minutes or Resolutions of the Governing Body;
Power of Attorney appointments,
and/or other satisfactory evidence of the authority of all persons signing Contracts or Bonds to
execute such docwnents. and of the companies bound thereby to do business in the State of
Florida.
BID NO: 86-98/99
DATE: 6/23/99
CITY OF MIAMI BEACH
33
Section 4
SCOPE OF THE \VORK
4.1 Intent of Plans and Specifications - The intent is to prescribe a complete work of
improvement \vhich the Contractor undertakes to do. The Contractor shall do all the work
indicated in the Proposal and on the Plans, and such additional. extra, and incidental work as may
h,: :"~'~'~(,"~:-:' , ,. ,~, ~ 1", ,I" "'MI.: t" th,~ ~~:'; C'h~r! 1; :'~s. ~r'!dcs. crnss-sections, :md dimensions
indicated, in a substantial and acceptable manners, and when completed, shall remove all surplus
and discarded material and equipment and leave the site of the Work in a neat, acceptable and
tinished condition. He shall furnish. unless otherwise provided in "Special Provisions," al
implements, machinery. equipment. transportation, tools, materials, supplies, labor, and other
things necessary to the prosecution and completion of the Work.
He shall maintain the tlnished Work until its formal acceptance by the City, as herein
provided, and turn it over to the City as a whole, complete, free from defects, and ready for use in
full compliance with the Plans. these Specifications, the Special Provisions, Proposal, and
Contract.
4.2 Special Work - Proposed construction or requirements not covered by these
Specifications \\-ill be covered by "Special Provisions" and performed or complied with by the
Contractor.
4.3 Alteration of Plans or of Character of Work - The right is reserved for the
Engineer to make from time to time such alterations in the Plans or in the character of the work
as may be considered necessary or desirable to complete fully and perfectly the proposed
construction and such alterations shall not be considered as a waiver of any conditions of the
contract, nor to invalidate any of the provisions thereof. Should such alterations in the Plans
result in an increase or decrease of the quantity of work to be performed, and should added or
eliminated work be of the same character as that sho\VIl on the original plans, the Contractor shall
accept payment in full at the Contract Unit Price for the actual quantities of the work done.
Should an alteration be a change in the character of the work. an equitable sum to be agreed
upon, in writing by the Contractor and the Engineer before such work is begun, shall be added to
or deducted from the Contract Price, as the case may be. No allowance will be made for
anticipated profits.
4.4 Extra \Vork - The Contractor shall perform unforeseen work, for which there is no
quantity and price included in the Contract, whenever it is deemed necessary or desirable to
complete fully the Work as contemplated, and such extra work shall be performed in accordance
with the Specifications and/or as directed; provided, however, that before any "Extra Work" is
started a "Supplemental Agreement shall be signed by both contracting parties, or a \Vritten order
from the Engineer to do the Work on a "Force Account" Basis given the Contractor.
Bm NO: 86-98/99
DATE: 6/23/99
CITY OF MIAMI BEACH
34
4.5 Removal and Disposal of Structure and Obstructions - The Contractor will
remove all obstructions that may come in the way of the contemplated improvements, such as
ravcments, sidew:llks. fences. buildings, trees, roots. ')tl!mr", l()gs, old foundations or piling, and
other obstructions encountered either above or below the surface of the ground and dispose of
them in such m:.mner as the Engineer may direct.
All work prescribed and involved under this heading shall be considered as incidental to
and included in the unit !"rice bid for the p:lrticubr Work in which it is in'/o!\'ed and no
additional payment \-viII be made therefore unless otherwise specifically provided in the Special
Provisions.
4.6 Rights in and Use of Materials Found on the \Vork - The Contractor, with the
approval 0 f the Engineer, may use in the proposed construction such sand or other material
suitable in the opinion of the Engineer, as may be found in the excavation and will be paid for the
excavation of such material at the corresponding contract unit price therefore, but he shall replace
at his own expense with other suitable material all of that portion of the material so removed and
used as was contemplated for use in embankments, back-fills, approaches, or otherwise. No
charge for materials so used \-vill be made against the Contrac;.tor.,except the replacement herein
provided for. The Contractor shall not excavate or remove any material which is not within the
excavation, as indicated, without written authorization from the Engineer. Materials in old
structures removed by the Contractor to allow the construction of new structures, and not needed
by the City" may be used by the Contractor during construction. Such materials are the property
of the City and shall not be cut or otherwise damaged during use or removal, and shall afterwards
be disposed of by the Contractor as directed by the Engineer.
BID NO: 86-98/99
DA TE: 6/23/99
CITY OF MIAMI BEACH
35
Section 5
CONTROL OF THE WORK
5.1 Engineer as Referee - To prevent all disputes and litigations, it is agreed by the
parties hereto that the said Engineer shall decide all questions. difficulties, and disputes. of
whatever nature, which may arise relative to the interpretation of the Plans, construction,
prosecution and fultillment of this Contract, and as to the character, quality, amount, and value of
any work done, and materials furnished, under or by reason of this Contract, and his estimates
and decisions upon all claims, questions, and disputes shall be final and conclusive upon the
parties thereto.
5.2 Plans - The approved Plans will be supplemented by such working drawings as are
necessary to adequately control the Work. It is mutually agreed that all authorized alterations
affecting the requirements and information given on the approved plans shall be in writing. No
changes shall be made of any plan or drawing after the same has been approved by the Engineer,
except by direction of the Engineer.
Working Drawings for any structure shall consist of such detailed plans as may be
required for the prosecution of the work and are not included in the Plans furnished by the
Engineer. They shall include shop details, erection plans, masonry layout diagrams and bending
diagrams for reinforcing steel, approval of which by the Engineer must be obtained before any
work involving these plans shall be performed. Plans for cribs, cofferdams, falsework, centering,
and form work may also be required, and in such cases shall be likewise subject to approval
unless approval be waived by the Engineer.
It is understood, however, that approval by the Engineer of the Contractor's working
drawings does not relieve the Contractor of any responsibility for accuracy of dimensions and
details, or of mutual agreement of dimensions and details. It is mutually agreed that the
Contractor shall be responsible for agreement and conformity of his working drawings with the
approved Plans and Specifications.
The Contract price shall include the cost of furnishing all working drawings and the
Contractor will be allowed no extra compensation for such drawings.
5.3 Conformity with Plans and Allowable Deviations - The finished work in all cases
shall conform with lines, grades, cross-sections, and dimensions sho\V1l on the approved Plans;
any such deviations from the approved Plans and working drawings as may be required by the
exigencies of construction will in all cases be determined by the Engineer and authorized in
WTiting.
5.4 Coordination of Plans, Specifications, and Special Provisions - These
Specifications, the Plans, Special Provisions, and all supplementary documents are essential parts
of the Contract and a requirement occurring in one is as binding as though occurring in all. They
are intended to be cooperative, to describe and provide for a complete Work. In case of
BID NO: 86-98/99
DATE: 6/23/99
CITY OF MIAMI BEACH
36
discrepancy, tigun:J Jlmensions shJ.ll govern over sCJ.led dimensions. Plans shall govern over
Specitications. Special Provisions shJ.11 govern over both Specifications and Plans.
5.5 Coopcr2tion of Contractor - The Contractor will be supplied with copies of the
Plans. Specitications, and Special Provisions. The Contractor shall have available on the Work
at all times, one copy each of said Plans and Specifications and Special Provisions; he shall give
the Work the constant attention necessary to facilitate the progress thereof and shall cooperate
with the Engineer and w'ith other contractors in every way possible. The Contractor :iil<.1ii dL ail
times have a competent English-speaking Superintendent, capable of reading and thoroughly
understanding the Plans and Specifications, as his agent on the Work, who shall receive
instructions from the Engineer or his authorized representatives. The Superintendent shall have
full authority to execute the orders or directions of the Engineer without delay and to promptly
supply such materials. tools, plant, equipment, and labor as may be required. Such
Superintendent shall be furnished irrespective of the amount of work sublet.
5.6 Inspectors - Inspectors employed by the Engineer shall be authorized to inspect all
work done and materials furnished. Such inspection may extend to all or any part of the Work
and to the preparation or manufacture of the materials to be used. An inspector may be stationed
on the Work to report to the Engineer as to the progress of the Work and the manner in which it
is being performed: also to report whenever it appears that the materials furnished and work
performed by the Contractor fail to fulfill the requirements of the Specifications and Contract,
and to call to the attention of the Contractor any such failure or other infringements. Such
inspection, however, shall not relieve the Contractor from any obligation to perform all the Work
strictly in accordance with the requirements of the Specifications. In case of any dispute arising
between the Contractor and the Inspector as to material furnished or the manner of performing
the Work, the Inspector shall have the authority to reject materials or suspend the Work until the
question at issue can be referred to and decided by the Engineer. The Inspector shall perform
such other duties as are assigned to him. He shall not be authorized to revoke, alter, enlarge,
relax, or release any requirements of these Specifications, not to approve or accept any portion of
work, nor to issue instructions contrary to the Plans and Specifications. The Inspector shall in no
case act as Foreman or perform other duties for the Contractor, nor interfere with the
management of the Work by the latter. Any advice which the Inspector may give the Contractor
shall in no way be construed as binding the Engineer in any way, nor releasing the Contractor
from fulfillment of the terms of the Contract. Ordinarily one Inspector will be employed by the
City for each section of the Work under Contract; but if, on account of any apparent disregard of
these Specifications, addition.11 Inspectors shall be required, they will be employed by the City at
the rate of $150.00 per diem each, and the cost of same charged to the Contractor and deducted
from the final payment. .
5.7 Inspection - The Contractor shall furnish the Engineer with every reasonable facility
for ascertaining \vhether or not the work performed and materials used are in accordance with the
requirements and intent of the Specifications and Contract. If the Engineer requests it, the
Contractor shall at any time before final acceptance of the Work remove or uncover such
portions of the finished Work as may be directed. After examination the Contractor shall restore
said portions of the Work to the standard required by the Specifications. Should the Work thus
exposed or examined prove acceptable, the uncovering or removing, and the replacing of the
BID NO: 86-98/99
DATE: 6/23/99
CITY OF MIAMI BEACH
37
covering or mJ..l,;ing good of the parts removed. shall be paiJ t'or as "Extra Work," but should the
work so exposed or eXJI11ined prove unacceptable, the uncovering or removing and the replacing
()t the coverIng or rnaJ...mg good of the parts removed, shall be at the Contractor's expense. No
work shall be done nor materials uscJ Without SUitable supervision or inspection by the Engineer
or his representative. Failure to reject any defective work or material shall not in any way
prevent later rejection "vhen such defect be discovered. or obligate the City to final acceptance.
5.8 Failure to Remove and Renew Defective Materials and Work - Should the
Contractor fail or refuse to remove and renew any defective materials used or work performed, or
to make any necessary repairs in an acceptable manner and in accordance with the requirements
of these Specitications within the time indicated in writing, the Engineer shall have the authority
to cause the unacceptable or defective materials or work to be removed and renewed, or such
repairs as may be necessary, to be made at the Contractor's expense. Any expense incurred by
the City in making these removals, renewals or repairs, which the Contractor has failed or
refused to make. shaIl be paid for out of any monies due or which may become due the
Contractor or may be charged against the "Contract Bond" deposited; and continued failure or
refusal on the pan of the Contractor to make any or all necessary repairs promptly, fully, and in
an acceptable manner shall be sufficient cause for the Board, at its option, may purchase
materials, tools. and equipment and employ labor or may contract with any other individual,
firm. or corporation to perform the Work. All costs and expenses incurred thereby shall be
charged against the defaulting Contractor and the amount thereof deducted from any monies due
or which may become due him. or shall be charged against the "Contract Bond" deposited. Any
work performed. as described in this paragraph, shall not relieve the Contractor in any way from
his responsibility for the work performed by him.
5.9 Final Inspection - Whenever the Work provided and contemplated by the Contractor
shall have been satisfactorily completed and the final cleaning up performed, the Engineer shall
within ten (10) days, unless otherwise provided, make the final inspection.
BID NO: 86-98/99
DATE: 6/23/99
CITY OF MIAMI BEACH
38
:)l:diOIl (,
CONTROL OF MA TERJALS
6.1 Source of Supply and Quality of Materials - At the option of the Engineer the
source of supply for eJch of the mJtaiJls shall be approved by the Engineer before the delivery
is started. Represent:ltive prelimin:lry samples of the character and quality described shall be
submitted by the Contr:lctor or producer for examination and tested in accordance with the
methods referred to under Samples and Tests, Paragraph 6.2. Only materials conforming to the
requirements of these Specifications and approved by the Engineer shall be used in the Work. All
materials proposed to be used may be inspected or tested at any time during their preparation and
use. It~ after trial. it is found that sources of supply which have been approved do not furnish a
uniform product. or if the product from any sources proves unacceptable at any time, the
Contractor shall furnish approved material from other approved sources. No material which after
approval has in any \vay become unfit for use shall be used in the Work.
6.2 Samples and Tests - For the purpose of assisting his judgment the Engineer may
require any or all materials to be subject to test by means of samples or otherwise as he may
determine. The Contr:J.ctor sh:J.1l afford such facilities as the Engineer may require for collecting
and forwarding samples and shall not make use of or incorporate in the Work any material
represented by the samples until the tests have been made and the materials found in accordance
with the requirements of the Specifications and are acceptable. The Contractor in all cases shall
furnish and deliver the required samples without charge. Samples shall be furnished sufficiently
in advance so that the results of the required tests may be secured prior to the incorporation of the
material in the Work.
The manner of collecting and testing samples, as well as all apparatus and equipment
used for this purpose, shall conform to the A.S.T.M. Current Standards or Tentative Standards,
as the case may be, insofar as these are applicable - unless specifically stated otherwise.
6.3 Storage of Materials - Materials shall be stored so as to insure their preservation and
quality and fitness for the work, and shall be so located as to facilitate prompt inspection.
Materials improperly stored may be rejected without testing.
6.4 Defective Materials - All materials not conforming to the requirements of these
Specitications shall be considered as defective and all such materials, whether in place or not,
sn8.!' be rejected :::r:d 51::::!! be ;err:o':ed irr:medi:::te!y from the site of the Work, unless otherwise
permitted by the Engineer. No rejected material, the defects of which have been subsequently
corrected, shall be used until approval has been given. Upon failure on the part of the Contractor
to comply with any order of the Engineer made under the provisions 0 f this article, the Engineer
shall have authority to remove and replace defective material and to deduct the cost of removal
and replacement from any monies due or to become due the Contractor.
BID NO: 86-98/99
DATE: 6/23/99
CITY OF MIAMI BEACH
39
Section 7
LEGAL REL\. nONS AND RESPONSIBILITY TO THE PUBLIC
7.1 Laws to be Observed - The Contractor must familiarize himself and comply with all
Federal, State, County, 3Jld City lav,:s, ordinances, or regulations, and govern himself accordance
with them. He shall indemnify and hold harmless the City, the Architects and all of its officers
::lgcnts, and sc;~, Jl:ts J.Slinst J.ny -.;!J.im::.; ur liability ariJing from, or based on, the violation of any
such laws, by-la\\is, ordinances, regulations, orders, or decrees, whether by himself or his
employees.
7.1.1
7.1.2
7.1.3
BID NO: 86-98/99
DATE: 6/23/99
The requirement of Chapter 31A, Section 27-31 Prevailing Wage is a
requirement of many construction contracts that exceed $1,000,000.00.
PUBLIC ENTITY CRlMES
A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crimes may not submit a bid on a
contract to provide any goods or services to a public entity, may not
submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases
of real property to public entity, may not be awarded or perform work as a
contractor, supplier, sub-contractor, or consultant under a contract with a
public entity, and may not transact business with any public entity in
excess of the threshold amount provided in Sec. 287.017, for CATEGORY
TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
VENDOR APPLICATION
Prospective bidders should register with the City of Miami Beach
Procurement Division; this will facilitate their receipt of future notices of
solicitations when they are issued. The successful bidder(s) must register
prior to av,:ard; failure to register will result in the rejection of their bid.
Potential bidders may contact the Procurement Division at (305) 673-7490
to request an application.
Registratiun requires that a ousiness entity cumplete a vendor application
and submit an annual administrative fee of $20.00. The following
documents are required:
1. Vendor registration form
2. Commodity code listing
3. Articles ofIncorporation - Copy of Certification page
4. Copy of Business or Occupational License
It is the responsibility of the bidder to inform the City concerning any
changes, such as new address. telephone number, or commodities.
CITY OF MIAMI BEACH
40
7.2 Permits, Licenses, Occupational Licenses - The Contractor shall procure all
pennits and licenses as required, ho\'.;ever, there will be no charge for the construction permits
issued by the City ot' Miami Beach. The Contractor shall also give all notices necessary and
incident to the due and b\',iul prosecution 0 f the Work.
7.3 Patented Devices, Materials, and Processes - It is mutually understood and agreed
lh<ll without exception contract prices are to include all royalties and costs arising from patents,
trademarks, and copyrights in any way involved in the Work. It is the intent that whenever the
Contractor is required or desires to use any design, device, material, or process covered by
letters, patent or copyright, the right for such use shall be provided for by suitable legal
agreement with the patentee or owner, and a copy of this agreement shall be filed with the
Engineer; however, whether or not such agreement is made or filed as noted, the Contractor and
the Surety in all cases shall indemnify and save harmless the City from any and all claims for
i.~fringement by reason of the use of any such patented design, device, material, or process, to be
performed under the Contract, and shall indemnify the said City for any costs, expenses, and
damages which it may be obliged to pay, by reason of any such infringement, at any time during
the prosecution or after completion of the Work.
7.4 Right 0 f Way - In cases where the Work is done on private property the City
guarantees the Contractor the right-of-way for the construction of the Work, but the Contractor
must take all precautions not to inconvenience the tenant or property owner any more than
necessary. The right is reserved to omit any sections of the Work which depend upon a
right-of-way grant in case such right-of-way is denied the City.
The Contractor shall have no claims for damage due to delay by the City in furnishing
necessary right-of-way, but should any such delay occur the Contractor shall be entitled to such
extension of time for the completion of his Contract as may be determined by the.City to be
reasonable.
In case of damage to the work on account of work so done, the Engineer may direct the
Contractor to make the necessary repairs, and payment for such repairs will be made as provided
under "Extra Work." Should the Contractor refuse or neglect to make the said repairs within the
time specified, the Engineer shall have the authority to cause such repairs to be made, in which
case the Contractor shall not be relieved in any way from his responsibility for the work
performed by him.
7.5 Restoration of Surfaces Opened by Permit - Any individual, firm, or corporation
wishing to make an opening in the street must secure a permit from, and will be required to
deposit security with, the Engineer, in a suitable amount to cover the cost of making the
necessary repairs, and the Contractor shall not allow any person or persons to make an opening
unless a duly authorized permit from the City is presented.
The right is reserved to lay in the street or to repair any sewer, drain, conduit, main, or
service pipe or their accessories at any time before the completion of the Work. The Contractor
is to exercise such supervision thereof as will protect him against defects in the finished Work.
BID NO: 86-98/99
DATE: 6/23/99
CITY OF MIAMI BEACH
41
In case of damage to the work on account of work so done, the Engineer may direct the
l.ufllrJ.l:lur tulll.l:......: UlI.: ik'-.:c~.).ir: l-.:p.UL), .HILl p<l;IIIClll lul jlklllqklll., \'0111 UC lllciLlC J.'s prvvlllC:ll
umkr "Extra \\'ud......' ShuulJ tht: COlltractur n.:fu'sl.: or llcgkclto make thl.: saiJ repairs within the
time specified, the Engineer shall hJve the authority to cause such repairs to be made, in which
case the Contractor shall not be relieved in any way from his responsibility for the work
performed by him.
7.6 Sanitary Provisions - The Contractor shall provide and maintain at his own expense,
in a sanitary condition. such accommodations for the use of his employees as is necessary to
comply with the requirements and regulations of State and County Boards of Health. He shall
commit no public nuisance.
7.7 Public Convenience and Safety - The Contractor shall conduct the Work so as to
insure the least obstruction to traffic practicabk, and shall provide for the convenience of the
general public and of residents along and adjacent to the Work in a manner satisfactory to the
Engineer. Materials and equipment stored upon the Work shall be placed so as to cause as little
obstruction to the public as possible and shall be lighted and barricaded as hereinafter provided.
7.8 Closing Streets - Streets shall not be closed except when and where directed by the
Engineer, and whenever the street is not closed the Work must be so conducted that there shall at
all times be a safe passageway for traffic. Whenever it is necessary to divert traffic from any part
of the Work the Contractor shall provide and maintain a passable driveway as directed by the
Engineer.
Suitable barricades, danger \-varnings, detour signs, etc., as hereinafter provided, shall be
maintained by the Contractor in all cases and the Engineers office and the Fire Department shall
immediately be notified by telephone or otherwise upon the closing and/or opening of each street
or section thereof.
7.9 Barricades, \Varnings, and Detour Signs - The Contractor shall provide, erect, and
maintain, at his O\Vn expense, barricades, danger warnings, and detour signs whenever they may
be necessary. He shall place sufficient lights on and/or near the Work and keep them burning
from twilight to sunrise; shall erect suitable barricades, railings, fences, and/or other protection
about the Work; provide all watchmen by day or night and take all other precautions that may be
necessary: shall maintain proper guards and lights for the prevention of accidents upon materials,
supplies, and equipment, and take all other precautions that may be necessary for the proper
protection of the \Vork and public convenience and safety.
Streets closed to traffic shall be protected by effective barricades on which shall be placed
acceptable warning signs. The Contractor shall provide and maintain acceptable warning and
detour signs at all closures, intersections, and along the detour routes, directing the traffic around
the closed portion or portions of the Work, so that the temporary detour route or routes shall be
indicated clearly throughout its or their entire length.
BID NO: 86-98/99
DATE: 6/23/99
CITY OF MIAMI BEACH
42
7.10 Fire Hydrants, Gutters, Etc. - Fire hydrants on or adjacent to the Work shall be
kept accessible to the tire apparatus at all times and no material or obstructions shall be placed
within ten (10) feet of any such hydrant. Adjacent premises must be given access as far as
practicable, and obstruction of sewer inlets, gutters, and ditches will not be permitted.
7.11 Use of Explosives - Unless otherwise expressly stipulated herein, the use of
explosives is not contemplated in the prosecution of this Contract, and in no case will their use
hp MPrt"'l1~ttprf "';rhl",,t th>-... ,,~;rt....,.., n'..........-v\;c.C';"..., "fth" Cl'tv C""'rY;""',.......... ""'"'d J. .....I.~~:.. :.....~u>d bv t1
"{_.....w___ ""'.--"- . ---',r-- . ..,.l.......... ./L.4..l.b.l.i..l.""'''-',"''''J.J. ,lJ"""LJ.1J.lt.J..'),:>t; J It:
Chief of the Fire Department.
Where such permission for the use of explosives is obtained the Contractor shall use the
utmost care so as not to endanger life or property, and whenever directed the number and size of
the charges shall be reduced. All explosives shall be stored in a secure manner, and all such
storage places shall be marked clearly, "DANGEROUS EXPLOSIVES," and shall be in the care
of competent watchmen.
7.12 Preservation of Property - The Contractor shall preserve from danger all property
along the line of \Vork. the removal or destruction of which is not called for by the Plans. This
applies to public utilities, trees, lawns, buildings, fences, bridges, pavements, and other
structures, monuments, pipe, underground structures, etc., and wherever such property is
damaged due to the activities of the Contractor it shall be immediately restored to its original
condition by the Contractor and at his own expense.
The Contractor shall give due notice to any department or public service corporation
controlling manholes, valve jackets, meter boxes, street monuments, etc., prior to adjusting them
to grade, and shall be held strictly liable to the City if any such appliances are covered up during
the construction of the Work.
In such case of failure on the part of the Contractor to restore any such property, or make
good any damage or injury thereto. the Engineer may, upon forty-eight hours' notice, proceed to
repair, rebuild, or otherwise restore such property as may be deemed necessary and the cost
thereof will be deducted from any monies due or which may become due the Contractor under
this Contract. Nothing in this clause shall prevent the Contractor from receiving proper
compensation for the removal or replacement of any public or private property when same is
made necessary by alteration of grade or alignment, and such work is authorized by the Engineer,
provided that such property has not been damaged through fault of the Contractor, his
employees, or agents.
7.13 Responsibility for Damage, Etc. - The Contractor shall indemnify and save
harmless the City, the Board, and all of its officers, agents, and employees from all suits, actions,
or claims of any character, name, and description brought for, or on account of, any injuries or
damages received or sustained by any person, persons, or property by or from the said
Contractor, or by, or in consequence of, any neglect in safeguarding the Work, or through the use
of unacceptable materials in the construction of the improvement, or by, or on account of any act
of omission, neglect, or misconduct of the said Contractor, or by, or on account of, any claims or
amounts recovered for any infringement of patent, trademark, or copyright, or from any claims or
BID NO: 86-98/99
DATE: 6/23/99
CITY OF MIAMI BEACH
43
amounts arising or recovered under the "Workmen's Compensation Law" or any other laws,
by-laws. ordinanc~. order or decree. ::md so much of the money due the said Contractor under and
by virtue of his Contract as shall be considered ;;~c:'::JJJ.ri by th..: engineer may be retained for the
use at'the City. or in c:1~(~ no money is due. his surety shall be held until such suit or suits, action
or actions, claim or claims, for injuries or damages, as aforesaid, shall have been settled and
suitable evidence to th:lt effect furnished to the Engineer.
The Contractor guarantees the payment of all just claims for materials, supplies, tools,
labor, and other just claims against him or any subcontractor in connection with this Contract and
his bonds will not be released by final acceptance and payment by the City unless all such claims
are paid or released.
7.l4 Contractor Responsibility for Work - Until acceptance of the Work by the Board
it shall be under the charge and care of the Contractor and he shall take every necessary
precaution against injury or damage to any part thereof by the action of the elements or from any
other cause whatsoever arising from the execution or from the non execution of the Work. The
Contractor shall rebuild, repair, restore, and make good, at his own expense, all injuries or
damages to any portion of the Work occasioned by any of the above causes before its completion
and acceptance except such ordinary wear and tear as may be due to use on sections opened for
service, as hereinafter provided.
7.15 Opening of Section of Work for Service - Whenever, in the opinion of the
Engineer, any portion of the Work is in acceptable condition for use it shall be opened for service
as may be directed and such opening shall not be held to be in any way an acceptance of the
work or any part of it or as a waiver of any provisions of these Specifications and Contract.
Necessary repairs or renewals made on any section of the Work due to its being opened for use
under instructions from the Engineer, to defective materials or work, or to natural causes other
than ordinary wear and tear, pending completion and acceptance of the Work, shall be performed
at the expense of the Contractor.
7.16 No Waiver of Legal Rights - The City reserves the right, should an error be
discovered in the partial or final estimates, or should conclusive proofs of defective work or
materials used by or on the part of the Contractor be discovered after the final payment has been
made, to claim and recover by process of law such sums as may be sufficient to correct the error
or make good the defects in the work and materials.
7.17 Liabilities and Duties of Contractor Not Limited - The mention of any specific
duty or liability upon the Contractor in any part of the Specifications shall not be construed as a
limitation or restriction upon general liability or duty imposed upon the Contractor by the
Specifications, said reference to any specific duty or liability being for purposes of explanation
only. No waiver of any breach of the Contract shall constitute a waiver of any subsequent breach
of any part thereof, nor of the Contract.
BID NO: 86-98/99
DATE: 6/23/99
CITY OF MIAMI BEACH
44
Section 8
PROSECUTION AND PROGRESS
8.1 Sublettino- or Assio-ning Contracts - The Contractor will not be permitted to sublet
'" " ,
assign, sell, transfer, or otherwise dispose of the Contract or any portion thereof, or of his right,
title, or interest therein to any individual, finn, or corporation without the written consent of the
Board. In case such approval is given the Contractor must file with the Engineer copies of all
sub-Contracts. No sub-Contracts or transfer of Contract shall in any case release the Contractor
of his liability under this Contract and Bond.
8.2 Progress of Work - It is understood and agreed that the Contractor shall commence
work not later than the time limit for beginning as set forth in the attached Proposal, and shall
provide an adequate force of labor and equipment to prosecute the Work at as many different
points as may be deemed necessary by the Engineer so as to insure the completion of the same
within the time limit for completion as set forth in the attached Proposal or Contract, except that
where the Contractor has more than one uncompleted Contract with the City, he is not to
commence another Contract nor place materials on the streets thereof 'Hithout the consent of the
Engineer.
8.3 Limitations of Operations - The work is to be confined, at anyone time, to five
squares, not to exceed 1.500 feet in length; and while the work is actually going on, as much as
half this length may be barricaded to entirely exclude traffic, but not over half; nor 'Hill two
consecutive street intersections be allowed to be entirely closed to exclude traffic except by
written consent of the Engineer. Street traffic is not to be needlessly obstructed but no street is to
be opened to traffic until the Engineer gives his consent. The Contractor may erect or maintain
along the lines of his work such tool boxes, sheds, storehouses, or other buildings as may be
necessary, provided such structures do not interfere with the reasonable use of the streets or
sidewalks. The size, location, and construction of these must be subject to the approval of the
Engineer.
The Contractor ht:reby agrees to arrange his work and dispose his materials so as not to
interfere with the operations of other contractors engaged upon adjacent work and to join his
work to that of others in a proper manner in accordance with the spirit of the Plans and
Specifications, and to perform his work in the proper sequence in relation to that of other
Contractors, all as may be directed by the Engineer.
Each Contractor shall be held responsible for any damage done by him or his agents to
the work performed by another Contractor. Each Contractor shall so conduct his operations and
maintain the Work in such condition that adequate drainage shall be in effect at all times.
8.4 Character of\Vorkmen and Equipment - The Contractor shall employ such
superintendents, foremen, and workmen as are careful and competent. Whenever the Engineer
shall determine that any person employed by the Contractor is, in his opinion, incompetent,
unfaithful, disorderly, or insubordinate such person shall, upon notice, be discharged from the
Work and shall not again be employed on it except with wntten cons~nt of the Engineer.
BID NO: 86-98/99
DATE: 6/23/99
CITY OF MIAl\-ll BEACH
45
All workm~n must have sufficient skill and experience to properly perform the \vork
assigned them. .-\!I workmen ~ngaged on speciJ.1 work or skilled work. or in J.ny trJ.de, shall have
had sufficient experience in such work to properly and satisfactorily perform it and to operate the
equipment involved. and shall make Jue Lilld proper effort tu L:XL:CUtL: thL: \Vork in the mJ.IlI1er
prescribed in these Specifications. Otherwise the Engineer may take actior: as above prescribed.
Should the Contractor fJil to remove such person or persons, or fail to furnish suitable or
sufficient mJ.chine~y. equipment, C'~ fl~rcc f(~r the prOrt?r rro~ccutintl nt'the '.'lurk, the Engineer
may withhold all estimates which are or may become due, or may suspend the Work until such
orders J.re complied with. The equipment used on ::my portion of the Work shall be such that no
injury to the roadway, adjacent property, or other highways will result from its use; and no item
of machinery or equipment. J.ttc:r once being place on the Work, shall be removed without the
consent of the Engineer.
8.5 Temporary Suspension of Work - The City or Engineer shall have the authority to
suspend the Work \vholly or in part for such period or periods as may be deemed necessary due
to unsuitable weather or such other conditions as are considered unfavorable for the suitable
prosecution of the Work, or for such time as is necessary due to the failure on the part of the
Contractor to carry out orders given or perform any or all provisions of the Contract. Ifit should
become necessary to stop work for an indefinite period, the Contractor shall store all materials in
such manner that they \\ill not obstruct or impede the traveling public unnecessarily, nor become
damaged in any way, and he shall take every reasonable precaution to prevent damage or
deterioration of the work performed; provide suitable drainage of the roadway by opening
ditches, shoulder drains. etc.. and erect temporary structures where directed. The Contractor
shall not suspend the \Vork and shall not remove any equipment, tools, lumber, or other materials
without the written permission of the Engineer.
No allowance of any kind will be made for such suspension of work except an equivalent
extension of time for completion of the Contract.
8.6 Computation of Contract Time for Completion of the \Vork - Contractor shall
perform fully, entirely, and in accordance with these Specifications the Work contracted for
within specified time stated in the attached Proposal. In adjusting the contract time for the
completion of the Work, the length of time expressed in days, during which the prosecution of
the Work has been delayed in consequence of any suspension of work ordered by the Engineer,
or omission of the Board and not by any fault of the Contractor, shall be added to the contract
time as set forth in the attached Proposal, all of which shall be determined by the Engineer, and
whose determination shall be binding and conclusive upon both parties to the Contract. lfthe
satisfactory execution and completion of the Contract shall require work or material in greater
value than set forth in the Contract, then the contract time shall be increased in the same ratio as
the additional value bears to the original value contracted for. No allowance shall be made for
delay or suspension of the prosecution of the Wark due to fault or negligence of the Contractor.
No claim for damages shall be made or allowed on account of delay or postponement occasioned
by the precedence of other contracts which mav be either let or executed before the execution of
the Contract, or on account of the streets.or structures adjacent to the Work not being in the
BID NO: 86-98/99
DATE: 6/23/99
CITY OF LVUAi\-II BEACH
46
condition contempbt-:d by the parties at the time of making the Contract, or on account of delay
in tilt.: rt.:muvai uf ubstru-:tiull.:>; but if the Contractor shall be ddayed in the perfonnance of his
work by reJson of the: streets or structures Jdjaccnt to the Work not being in condition
contcmplat-:d, or un account of deby in the remov~1 of obstructions, or by reason of the Work or
any part thereof being suspended on account of other contracts, or for any other reason, such
allowance of time will be made as the Engineer shall deem reasonable.
8.7 Failure to Complete the Work on Time - The Work to be done under this Contract
is to be begun on or before the date set forth in the attached Proposal, and shall be prosecuted
with proper dispatch towards completion to the satisfaction of the Engineer, and is to be fully
completed wiljlin the time limit set furth in the attaciH:d Proposal, and it is understood and agreed
that the time limit for the completion of said Work is of the essence of the Contract, and should
the Contractor fail to complete the Work on or before the date specified it is agreed that for each
calendar day that any work shall remain uncompleted, after the time specified in the attached
Proposal, with any extension of time which may be allowed by the Engineer for the completion
of the Work provided for in these Plans, Specifications, Special Provisions, and Contract, the
sum per day given in the following schedule shall be deducted from the monies due to the
Contractor, not as a penalty but as liquidated damages and added expense for supervision on each
Contract:
Amount of Liquidated Damages and Estimated Cost of Supervision Per Day See Paragraph 3.2
of Agreement
The Contractor shall take into account all contingent work which has to be done by other
parties, arising from any cause whatsoever, and shall not plead his want of knowledge of said
contingent work as an excuse for delay in his work or for its non- performance.
Nothing in this clause shall be construed as limiting the right of the Board to declare the
Contract forfeited, to take over the Work, or to claim damages for the failure of the Contractor to
abide by each and every one of the terms of this Contract as set forth and provided for in the
General Provisions, Special Provisions, and Specifications herein contained.
8.8 Annulment of Contract - If the Contractor fails to begin the Work under Contract
within the time specified, or fails to perform the Work with sufficient workmen and equipment or
with sufficient materials to insure the prompt completion of said Work, or shall perform the
Work unsuitably, or shall neglect or refuse to remove materials or perform anew such work as
shall be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work, or
if the Contractor shall become insolvent or be declared bankrupt, or commit any act of
bankruptcy or insolvency, or allow any final judgement to stand against him unsatisfied for a
period of forty eight (48) hours, 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, the Engineer
may give notice in 'Nriting to the Contractor and his Surety of such delay, neglect, or default,
specifying the same, and if the Contractor, within a period of ten (10) days after such notice shall
not proceed in accordance therewith, then the Board shall upon written certificate from the
Engineer of the fact of such delay, neglect, or defau!! and the Contractor's failure to comply with
such notice, have full power and authority, without violating the Contract, to take the prosecution
BID NO: 86-98/99
DATE: 6/23/99
CITY OF MIAMI BEACH
47
of the work out of the hands of said Contractor. to appropriate or use any or all materials and
equipment on the ground as may be suitable and acceptable and may enter into an agreement for
the completion of said Contract according to the terms and provisions thereof, or use such other
methods as in its opinion shall seem advisable for the completion of said Contract in an
acceptable manner. All costs and charges incurred by the Board, together with the costs of
completing the Work under contract, shall be deducted from any monies due or which may
become due said Contractor. fn case the expense so incurred by the Board shall be less than the
sum which would have been payable under the Contract if it had been completed by said
Contractor, then the said Contractor shall be entitled to receive the difference, and in case such
expense shall exceed the sum which would have been payable under the Contract, then the
Contractor and the Surety shall be liable and shall pay to the City the amount of said excess.
8.9 Termination of Contractor's Responsibility - This Contract will be considered
complete when all work has been completed, final inspection made, and the work accepted by the
Board as hereinafter provided. The Contractor will then be released from further obligation
except as set forch in his bond. and except as provided in Article 7.16 of these Specifications.
BID NO: 86-98/99
D ATE: 6/23/99
CITY OF MIAl\iU BEACH
48
Scdion <<)
iHt:ASUREMENT AND PAYMENT
9.1 Measurement of Quantities - All work completed under this Contract shall be
measured by the Engineer, according to United States Standard Measures. All measurements
shall be taken horizontal or vertical. except for paving surfaces, which will be taken along the
actual surface of the po.\"ement. No clllowance shall be made for surfaces laid over a greater area
than authorized or for material moved from outside of slope-stakes and lines shown on the Plans
,
except where such work is done upon vvritten instructions of the Engineer.
9.2 Scope of Payments - It is understood and agreed that the Contractor shall receive
and accept the prices and rates, as herein specified, in full payment for furnishing all materials,
labor, equipment. and tools. and for performing all the Work contemplated and embraced in the
attached Specifications and Proposal. also for all loss or damage arising out of the nature of the
Work aforesaid. or from the action of the elements or for any unforeseen difficulties or
obstructions which may arise or be encountered in the prosecution of the Work, until its final
acceptance as hereinafter provided for, and also for all risks of every description and all expenses
incurred by or in consequence of the suspension or discontinuance of the Work as herein
provided for, or for any infringement of patent, trademark, or copyright, and for the completion
of the Work in accordance with the Plans, Specifications, and Contract.
9.3 Payment and Compensation for Altered Quantities -When Alterations in Plans or
quantities of work not requiring Supplemental Agreements as hereinbefore provided for are
ordered and performed, the Contractor shall accept payment in full at the Contract unit price for
the actual quantities of work done; no allowance will be made for anticipated profits; increased
or decreased work involving Supplemental Agreements shall be paid for as stipulated in such
agreement.
9.4 Force Account Work - All Extra Work done on a "Force Account" basis shall be
performed by such labor. teams, tools. and equipment as may be specified by the Engineer, and
will be paid for in the following manner:
(a) For all labor, teams, and foremen in direct charge of the specified operations, the
Contractor shall receive the current local rate of wages, to be agreed upon in writing before
stanIng sucn WorK. tor eve~' hour tnat sClId labor, teJ.ITlS, and roremen are actually engaged tn
such work, to which shall be added an amount equal to 15 percent of the swn thereof which shall
be considered as full compensation for general supervision and the furnishing and repairing of
small tools and ordinary equipment used on the contract such as picks, hand shovels, plows, etc.
In addition to the above, the Contractor shall receive the actual cost for Social Security Taxes,
Unemployment Insurance, and Workmen's Compensation Insurance involved in such force
account work, based on the actual wages paid the said labor and foremen. No percentage will be
added to the cost of such taxes or insurance.
BID NO: 86-98/99
DATE: 6/23/99
CITY OF MIAMI BEACH
49
(b) For al [ materials used the Contractor shall rccei ve the actual cost 0 f such materials,
delivered at the site. as shov..-n by the original receipted bills. but no percentage shall he allowed
on the cost of such materials.
(c) For any special equipment or machinery, such as power driven rollers, tractors, trucks,
shovels, drills. concrete mixers, pumps, and hoists, also industrial railway equipment, crushers,
etc., required for the economical performance of the work, the Engineer shall allow the
Contractor a reasonable rental price to be agreed upon in Miting before such work is begun, for
each and every hour that said special equipment is in use on the work, to which sum no
percentage shall be added.
The compensation as herein provided shall be received by the Contractor as payment in
full for Extra \Vork done on a force account basis.
The Contractor's representative and the Inspector shall compare records of extra work
done on a force account basis at the end of each day. Copies of these records shall be made in
duplicate upon a form provided for this purpose by the Inspector and signed by both the
Inspector and the Contractor's representative, one copy being forvvarded, respectively, to the
Engineer of his authorized representative, and to the Contractor. All claims for extra work done
on a force account basis shall be submitted as hereinbefore provided by the Contractor upon
certified statements, to which shall be attached original receipted bills covering the costs of and
the freight charges and hauling on all materials used in such work, and such statements shall be
submitted to the Engineer on the current estimate of the month in which work was actually done.
9.5 Omitted Items - The City shall have the right to cancel the portions of the Contract
relating to the construction of any items therein by the payment to the Contractor of a fair and
equitable amount covering all items incurred prior to the date of cancellation or suspension of the
work by order of the Engineer.
9.6 Partial Payments - If the Work progresses according to Contract, the Contractor will
be paid monthly ninety (90) percent of the value of the work completed, and materials furnished
by the Contractor under these Specifications, when such materials have been delivered,
inspected, and payments satisfactorily vouched for to the Engineer, provided the materials, in the
judgment of the Engineer, are such as will probably be incorporated in the Work within thirty
(30) days; ten (10) per cent of the amount due being reserved until a final settlement after the
completion of the Work.
It is understood and agreed that the City may also deduct from any estimate, either partial
or final, the amount of any unsatisfied claim against the Contractor for labor, materials, teams,
equipment and/or other things as elsewhere provided herein.
Should any defective work or material be discovered previous to the final acceptance, or
should a reasonable doubt arise orevious to the final acceptance as to the integrity of anv part of
... ... -....
the completed Work, the estimate and payment for such defective or questioned work shall not
be allowed until the defect has been remedied and causes for doubt removed. The monthly
payments shall be approximate only, and all partial estimates and payments shall be subject to
BID NO: 86-98/99
DATE: 6/23/99
CITY OF ML"-lVU BEACH
50
curn.:uiUll illll1C l~ilJ.~ -'::>~;iijd~'- diiJ pJymcnt. ffthe total amount of the retained percentage of the
Contract is greatly in excess of the uncompleted portion of the Contract the Engineer may allow
the Contractor a portion of the suspended payment, provided that the City shall at all times retain
an amount suftic:ent to enJbk it to complete the uncompleted work in the Contract and liquidate
unsatisfied claims.
9.7 Acceptance and Final Payment - Whenever the improvement provided for under
this Contract shall have been completely performed on the part of the Contractor, and all parts of
the Work have been approved by the Engineer according to the Contract, and all trash, debris,
equipment, and other things used in the construction removed from the site of the construction
and from the adjoining land. the Engineer, after final inspection as provided herein, shall certify
such fact to the Board in \vriting, recommending the acceptance of the Work.
Upon acceptance of the Work by the Board. a Final Estimate showing the value of the
Work will be prepared by the Engineer as soon as the necessary measurements and computations
can be made all prior certificates or estimates upon which payments have been made being
approximate only and subject to correction in the Final Estimate.
The amount of the Final Estimate, less any sums that may have been deducted or retained
under the provisions of this Contract, will be paid to the Contractor within thirty(30) days after
the Final Estimate has been approved by the Board, provided that the Contractor has furnished to
the Board a sworn affidavit to the effect that all bills are paid and no suits are pending in
connection with the Work done under this Contract. Upon this final payment the City is to be
released from all liability whatever growing out of this Contract.
BID NO: 86-98/99
DATE: 6/23/99
CITY OF MIAMI BEACH
51
Section 1.,
SPECIAL PROVISIONS
10.1 WORKi"IEN'S COMPENSATION: Before starting work the Contractor shall
furnish satisfactory evidence that he has complied with the Workmen's Compensation
.-\ct of the St:ltc of FloriJ~, GIlJ any J.nicnJmcr.t::; thereto, J.r.J all bws pertaining to tIlt::
protection of his employees.
10.2 BONDS: Bid and Contract Bonds will be required. A cashier's check, treasurer's
check. bank draft of any National or State bank, or Bid Bond payable to the order of
the City of Miami Beach executed by the bidder in the amount of not less than five
(5%) percent of the total bid shall accompany each proposal. The Performance and
Payment Bonds shall each be in the amount of one hundred (100%) percent of the
contract price, submitted by the successful bidder and placed through a Miami Beach
agency where practicable.
10.3 PROTECTION TO PUBLIC: The Contractor shall erect and maintain barricades
and warning signs to protect the public during the course of the work.
The Contractor shall take every precaution to protect the abutting properties and
minimize the possibility of damage to same. Contractor shall be liable for restoration
of all property including City property.
lOA LEGAL LIABILITY: All suits, actions, or claims of whatever nature which, may
arise occasioned either directly or indirectly by the work provided for under the
Specifications herein, shall be assumed by the Contractor and the City Commission
and all its officers, agents, employees shall be indemnified and saved harmless
therefrom.
1 0.5 FAMILIARIZATION: The Contractor shall visit the site of proposed work in order
to become familiar with existing conditions at the site.
10.6 PERMITS: The Contractor shall procure all permits and licenses as required,
however, there will be no charge for the construction permits issued by the City of
Miami Beach.
10.7 CONFLICT BETWEEN SPECIAL PROVISIONS AND GENERAL
PROVISIONS: In case of conflict between the requirements of Special Provisions
and General Provisic:ns, the requirements of the Special Provisions will prevail.
BID NO: 86-98/99
DA TE: 6/23/99
CITY OF MIAMI BEACH
52
DIVISION II
Technical Specifications
1. Plans prepared by M.C. Harry & Associates.
A. Municipal Office Building, 555 17th Street, Miami Beach, FL 33139
(A-l - A-4, and S-I)
B. 10th Street Community Center, 10th & Ocean Drive, Miami Beach, FL 33139
(A-l - A-4, and 5-1)
BID NO: 86-98/99 CITY OF MIAMI BEACH
DATE: 6/23/99 53
BID NO: 86-98/99
DATE: 6/23/99
.r.r"'f,r " e;:f)r.rf17fr, .fANe;:
A. "-''-''.......A.'-.............. '-'<L A-J"""". .._.............,..'...~
FOR
ADA BUILDING MODIFICATIONS
APRIL 29, 1999
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
PREPARED BY:
MC HARRY ASSOCIATES
ARCHITECTURE/ENGINEERING/PLANNING
2780 S. W. DOUGLAS ROAD, SUITE 302
MIAMI, FLORIDA 33133
PHONE: (305) 445-3765 FAX: (305) 446-9805
CITY OF MIAMI BEACH
54
ADA BUILDING MODIFICATIONS
APRIL 29, 1999
TABLE OF CONTENTS
SECTION
TITLE
PAGES
Section 05220 Stainless Steel Handrails and Railings 56 thru 58
Section 05221 Aluminum Handrails and Railings 59 thru 60
Section 05720 Ornamental Nylon Railings 61 thru 62
Section 09220 Portland Cement Plaster 63
Section 09900 Paints and Coatings 64 thru 66
BID NO: 86-98/99
DATE: 6/23/99
CITY OF MIAMI BEACH
55
SECTION 05520
STAI;\ILFSS STFFI. HANORAII.S ANO RAffINr."
PART I GENER.-\L
1.01 SECTION INCLUDES
A. Steel pipe handrails, balusters, and fittings.
1.02 REFERENCES
A. ASTM A 53 -Standard SpecificJtion for Pipe, Steel. Black and Hot-Dipped, Zinc-Coated, Welded and
Seamless; 1997.
8. ASTM A 500 -Standard Specification for Cold-Formed Welded and Seamless Carbon Steel Structural
Tubing in Rounds and Shapes; 1996.
C. ASThl E 935 -Standard Test Methods for Performance of Permanent Metal Railing Systems and Rails for
Buildings; 1993.
D. ASThl E 985 -Standard Specification for Permanent Metal Railing Systems and Rails for Buildings; 1996.
1.03 DESIGN REQUIREMENTS
A. Design railing assembly, wall rails, and attachments to resist lateral force of 75 Ibs (333 N) at any point
without damage or permanent set. Test in accordance with ASTM E 935.
8. Fabricate railing assembly, wall rails, and attachments in accordance with ASTM E 985.
1.04 SUBMITTALS
A. Shop Drawings: Indicate profiles, sizes, connection attachments, anchorage, size and type of fasteners, and
accessories.
PART 2 PRODUCTS
2.01 MANUFACTURERS
A. Handrails and Railings:
1. Poma Corp.; Product Lateral Rail System, Style 1-406, Stainless Steel.
2. Sterling Fabricated Systems, Inc.; Product Stainless Steel, Fully Welded, Pipe System for ramps.
3. R & B Wagner, Inc.: Product standard pipe, flush weld, type "d" end caps, snap-on cover flange &
base. All for 1.5" stainless steel pipe.
2.02 STEEL RAILING SYSTEM
A. Steel Tubing: ASTM A 500, Grade 8.
B. Pipe: ASTM A 53, Grade B Schedule 40, black fmish.
C. Rails: I.5 inch (38 mm) diameter steel tubing; welded joints.
BID NO: 86-98/99
DATE: 6/23/99
CITY OF MlAl\-li BEACH
56
D.
Posts: 1.5 inch (3S mm) diamt:tt:r stt:d tubing; welded joints.
r
t:';H:......,~ r7lt"",,",, T,.l.~.......... "'1!I h"'1"I.,...t,. ~H'("'~rht'nn,' r:1~t c:t(,f' I
. .....'.;:J , '" -'.....r...'1 "" ""'w"__ , -
2.03 F ABRICA ;'ION
A. Fit and shup ass.:mble components in largest practical sizes for delivery to site.
B. Fabricate components with joints tightly fitted and secured. Provide spigots and sleeves to accommodate
site assembly and installation.
C. ProvIde anchors and plates requIred for connecting railings to structure.
D. Exposed Mech:mical Fastenings: Provide flush countersunk screws or bolts; unobtrusively located;
consistent with design of component, except where specifically noted otherwise.
E. Supply components required for anchorage of fabrications. Fabricate anchors and related components of
same material and finish as fabrication, except where specifically noted otherwise.
F. Exterior Components: Continuously seal joined pieces by intermittent welds and plastic filler. Drill
condensate drainage holes at bottom of members at locations that will not encourage water intrusion.
G. Grind exposed joints flush and smooth with adjacent fmish surface. Make exposed joints butt tight, flush,
and hairline. Ease exposed edges to small uniform radius.
H. Accurately form components to suit specific project conditions and for proper connection to building
structure.
1. Accommodate for expansion and contraction of members and building movement without damage to
connections or members.
PART 3 EXECUTION
3.01 EXAMINATION
A. Verify that field conditions are acceptable and are ready to receive work.
3.02 PREPARATION
A. Clean and strip primed steel items to bare metal where site welding is required.
B. Supply items required to be cast into concrete or embedded in masonry with setting templates, for
installation as work of other sections.
BID NO: 86-98/99
DATE: 6/23/99
CITY OF MIAMI BEACH
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3.03 INSTALL' nON
A. Install in accordance with manufacturer's Illstructions.
B. Install components plumb and level, accurately fitted, free from distortion or defects.
C. Anchor railings securely to structure.
D. Field weld anchors as indicated on drawings. Touch-up welds with primer. Grind welds smooth.
E. Conceal bolts and screws whenever possible. Where not concealed. use !lush countersunk fastenings.
F. Assemble with spigots and sleeves to accommodate tight joints and secure installation.
3.04 ERECTION TOLERANCES
A. Maximum Variation From Plumb: 1/4 inch (6 mm) per floor level, non-cumulative.
8. Maximum Offset From True Alignment: 1/4 inch (6 mm).
END OF SECTION
BID NO: 86-98/99
DATE: 6/23/99
CITY OF MIAMI BEACH
S8
SECTION 05521
ALUMINUM HANDRAILS AND RAILINGS
PART I GENERAL
1.01 REFERENCES
A. AA DAF-45 - Designation System for Aluminum Finishes; The Aluminum Association, Inc.; 1997,
Eighth Edition.
B. AAMA 611 - Voluntary SpecificJtion for Anodized ArchitecturJI Aluminum; American Architectural
Manufacturers Association; 1998.
C. ASTM B 211 - Standard Specification for Aluminum and Aluminum-Alloy Bar, Rod, and Wire; 1995a.
D. ASTM B 211 M - Standard Specification for Aluminum and Aluminum-Alloy Bar, Rod, and Wire
(Metric); 1995a.
E. ASTM B 221 - Standard Specification for Aluminum and Aluminum-Alloy Extruded Bars, Rods, Wire,
Profiles, and Tubes; 1996.
F. ASTM B 221M - Standard Specification for Aluminum and Aluminum-Alloy Extruded Bars, Rods,
Wire, Profiles, and Tubes (Metric); 1996.
PART 2 PRODUCTS
2.01 ALUMINUM RAILING SYSTEM
A. Rails; 1-1/2 inch (38 mm) diameter, extruded tubing conforming to ASTM B 221 (ASTM B 221M).
B. Posts: 2 x 2-1/2 inch (50 x 60 mm) size, extruded tubing conforming to ASTM B 221 (ASTM B221M).
C. Solid Bars and Flats: ASTM B 211 (ASTM B 211 M).
D. Fittings: Elbows. T-shapes, wall brackets, escutcheons; cast aluminum.
E. Mounting: Adjustable Brackets and flanges, with aluminum inserts for casting in concrete. Prepare
backing plate for mounting in CMU wall construction.
F. Splice Connectors: Concealed spigot; cast aluminum.
2.02 F ABRICA nON
A. Fit and shop assemble components in largest practical sizes for delivery to site.
B. Fabricate components with joints tightly fitted and secured. Provide spigots and sleeves to accommodate
site assembly and installation.
C. Provide anchors and plates required for connecting railings to structure.
D. Exposed Mechanical Fastenings: Provide flush countersunk screws or bolts; unobtrusively located;
consistent with design of component, except where specifically noted otherwise.
,
BID NO: 86-98/99
DATE: 6/23/99
CITY OF MIAMI BEACH
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E. Supply componenlS required for anchorage of fabrications. Fabricate anchors and related components of
same material and finish as fabrication. except where specifically noted otherwise.
F. Exterior Components: Continuously seal joined pieces by intermittent welds and plastic filler. Drill
condensate drainage holes at bottom of members at locations that will not encourage water intrusion.
G. Grind exposed joints flush and smooth with adjacent finish surface. Make exposed joints butt tight,
flush. and hairline. Ease exposed edges to small uniform radius.
H. Accurately form components to suit specific project conditions and for proper connection to building
structure.
l. Accommodate for expansion and contraction of members and building movement without damage to
connections or members.
2.03 ALUMINUM FINISHES
A. Comply with AA DAF-45 for aluminum finishes required.
B. Class r Natural Anodized Finish: AAMA 61 I AA-M12C22A41 Clear anodic coating not less than 0.7
mils (0.018 mm) thick.
PART 3 EXECUTION
3.01 EXAMINATION
A. Verify that field conditions are acceptable and are ready to receive work.
3.02 PREPARATION
A. Supply items required to be cast into concrete or embedded in masonry with setting templates, for
installation as work of other sections.
3.03 INST ALLA nON
A. Install in accordance with manufacturer's instructions.
B. Install components plumb and level, accurately fitted, free from distortion or defects.
C. Anchor railings securely to structure.
D. Field weld anchors as indicated on drawings. Touch-up welds with primer. Grind welds smooth.
E. Conceal bolts and screws whenever possible. Where not concealed, use flush countersunk fastenings.
F. Assemble with spigots and sleeves to accommodate tight joints and secure installation.
3.04 ERECTION TOLERANCES
A. Maximum Variation From Plumb: 1/4 inch (6 mm) per floor level, non-cumulative.
B. Maximum Offset From True Alignment: 1/4 inch (6 rom).
END OF SECTION
BID NO: 86-98/99
DATE: 6/23/99
CITY OF MIAMI BEACH
60
SECTION 05720
ORNAMENTAL NYLON RAILINGS
PART 1 GENERAL
1.01 RELATED DOCUMENTS
L\ Tlw r.,.n,.r~1 rM,.,.~('t Pr'W;<;M< ~nr1 '''ctions of Division 5720 apply to Work of this Section.
1.02 WORK SUMMARY
A. Provide all materials, labor, equipment and appliances necessary to furnish and install all nylon covered
steel ornamental railing systems, complete with all fittings and glass infill panels where shown or as
necessary for a complete installation.
1.03 QUALITY ASSURANCE
A. Work shall be furnished and erected by a single fum to assure undivided responsibility.
B. N/A.
C. Performance Requirements:
I. All glass infills shall be heat soaked to eliminate spontaneous breakage due to nickel sulfide.
2. All internal members shall be zinc galvanized.
3. Railings shall comply with ADA and all state and local building codes.
4. Railings shall comply with ASTM 0-635 and UL 94.
1.04 SUBMITTALS
A. Submit complete shop drawings showing all system components, dimensions, fastening types, blocking
required and infill types.
B. Submit 7" rail sample and color chart with manufacture's 16 standard colors.
PART 2 PRODUCT
1.01 M..\:'lL'F A CTt'RE ~
A. NT Nonnhau Railings Systems by W&W as rr.anufactured by NT "Normbau and represented by W&W
Sales Ltd., 300 Airport Executive Park, Suite 302, Nanut, NY 10954.
(P) 1-800-452-7925; (in New York, 914-425-4000); (F) 914-425-6156. (or EQUAL)
B. NT Normbau Rail shall be I 9/16" in diameter. Material shall be lead and cadmium free nylon. Nylon
shall be colored throughout.
C. Rail shall have continuous steel cores, including all elbows and supports. Elbows without steel
reinforcing will not be permitted. Steel cores shall be zinc galvanized. Inner tubed shall be galvanized
steel grade ST52.
BID NO: 86-98/99
DATE: 6/23/99
CITY OF MIAMI BEACH
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D. At all locations where there is a change in angle of 45 or less, and no turn within 6", rails must have
continuous. uninterrupted steel and nylon. No joints in the steel or nylon, or additional posts will be
perm itted.
E. Where handicapped exter.sions are required at the top or bottom of stair or ramp balustrades, double
posts shall not be used to return ends of rail to floor. Rail shall return to origin post to form a closed D"
condition at end of rail.
F. All top rails shall be removable without damage to balance of system or finishes.
G. Color shall be manufacturer's standard color chart (White, NCS 030 I G8Y)
PART 3 - EXECUTION
3.01
INSTALLA TION
A.
Install railings at locations shown on Drawings in accordance with manufactures instructions for plumb,
level, flush and rigid installation.
PART 4 - WARR\NTY
4.01 All materials shall be structurally sound and free from defects in materials and workmanship under normal
use and service for a period of two years after the date of delivery of the product.
4.02 All heat soaked glass wiII be replaced for a period of two years if spontaneous breakage occurs and is
determined to be caused by nickel sulfide.
END OF SECTION
BID NO: 86-98/99
DATE: 6/23/99
CITY OF MIAMI BEACH
62
SECTION 09220
t'uKfLAi'W CEMEi'iT PLASTER
PART I GENERAL
1.01 REFERENCES
A. ASTM C 926 - Standard Specification for Application of Portland Cement-Based Plaster; 1995a.
B. ITS (D1R) - Directory of Listed Products; Intertek Testing Services NA, Inc.; current edition.
1.02 QUALITY ASSURA..'KE
A. Perform Work in accordance with ASTM C 926.
1.03 ENVIRONMENTAL REQUIREMENTS
A. Do not apply plaster when substrate or ambient air temperature is under 50 degrees F (10 degrees C) or
over 80 degrees F (27 degrees C).
PART 2 PRODUCTS
2.01 PLASTER ~nxES
A. Over Solid Bases: Two-coat application, mixed and proportioned in accordance with manufacturer's
instructions.
.
B. Premixed Plaster Materials: Mix in accordance with manufacturer's instructions.
C. Mix only as much plaster as can be used prior to initial set.
D. Mix materials dry, to uniform color and consistency, before adding water.
E. Protect mixtures from freezing, frost, contamination, and excessive evaporation.
F. Do not retemper mLxes after initial set has occurred.
PART 3 EXECUTION
3.01 PLASTERING
A. Moist cure base coats.
B. Apply second coat immediately following initial set of fIrst coat.
C. After curing, dampen previous coat prior to applying fmish coat.
D. A void excessive working of surface. Delay trawling as long as possible to avoid drawing excess fmes to
surface.
E. Moist cure fmish coat for minimum period of 48 hours.
END OF SECTION
BID NO: 86-98/99
DATE: 6/23/99
CITY OF MIAMI BEACH
63
SECTION 09900
PAINTS AND COATINGS
PART I GENERAL
l.01 REFERENCES
A. ASTM D 16 - Standard Terminology Relating to Paint, Varnish, Lacquer, and Related Products; 1996a.
B. ASTM D 4442. Standard Test Methods for Direct Moisture Content Measurement of Wood and Wood-Base
Materials; 1992 (Reapproved 1997).
C. NACE ll~IP) - Industrial Maintenance Painting; NACE International; Edition date unknown.
D. SSPC (PMI) - Steel Structures Painting Manual, Vol. I, Good Painting Practice; Society for Protective
Coatings; 1993, Third Edition.
1.02 QUALITY ASSURAi'lfCE
1.03 DELIVERY, STORAGE, Al'l(D PROTECTION
A. Deliver products to site in sealed and labeled containers; inspect to verify acceptability.
B. Container Label: Include manufacturer's name, type of paint, brand name, lot nwnber, brand code, coverage,
surface preparation, drying time, cleanup requirements, color designation, and instructions for mixing and
reducing.
C. Paint Materials: Store at minimum ambient temperature of 45 degrees F (7 degrees C) and a maximwn of
90 degrees F (32 degrees C), in ventilated area, and as required by manufacturer's instructions.
1.04 ENVIRONMENTAL REQUIREMENTS
A. Do not apply materials when surface and ambient temperatures are outside the temperature ranges required
by the paint product manufacturer.
B. Do not apply exterior coatings during rain or snow, or when relative hwnidity is outside the hwnidity ranges
required by the paint product manufacturer.
C. Provide lighting level of 80 ft candles (860 Ix) measured mid-height at substrate surface.
PART 2 PRODUCTS
2.01 MANUFACTURERS
A. Substitutions: See Section 01600 - Product Requirements.
2.02 PAINTS AND COATINGS - GENERAL
A. Paints and Coatings: Ready mixed, except field-catalyzed coatings. Prepare pigments:
1. To a soft paste consistency, capable of being readily and uniformly dispersed to a homogeneous
coating.
2. For good flow and brushing properties.
3. Capable of drying or curing free of streaks or sags.
BID NO: 86-98/99
DATE: 6/23/99
CITY OF MIAMI BEACH
64
2.03 PAINT SYSTEMS - EXTERIOR
A. Paint GE-OP-3L - Gvosum Board and Plaster. Opaque. Latex. 3 Coat:
I. One coat of latex primer sealer.
2. Flat: Two coats of latex.
2.04 ACCESSORY MATERIALS
A. Accessory Materials: Linseed oil, shellac, turpentine, paint thinners and other materials not specifically
indicated but required to achieve the finishes specified; commercial quality.
8. Patching Material: Latex filler.
C. Fastener Head Cover Material: Latex filler.
PART 3 EXECUTION
3.01 EXAMINATION
A. Verify that surfaces are ready to receive Work as instructed by the product manufacturer.
B. Examine surfaces scheduled to be fmished prior to commencement of work. Report any condition that may
potentially affect proper application.
C. Test shop-applied primer for compatibility with subsequent cover materials.
D. Measure moisture content of surfaces using an electronic moisture meter. Do not apply fmishes unless
moisture content of surfaces are below the following maximums:
1. Plaster and Gypsum Wallboard: 12 percent.
2. Interior Wood: 15 percent, measured in accordance with ASTM 0 4442.
3.02 PREPARATION
A. Surface Appurtena...lces: Remove or mask electrical plates, hardware, light fixture trim, escutcheons, and
fittings prior to preparing surfaces or fmishing.
8. Surfaces: Correct defects and clean surfaces which affect work of this section. Remove or repair existing
coatings that exhibit surface defects.
C. Marks: Seal with shellac those which may bleed through surface fmishes.
D. Impervious Surfaces: Remove mildew by 5crubbing with solution of tetra-sodium phosphate and bleach.
Rinse with clean water and allow surface to dry.
3.03 APPLICATION
A. Apply products in accordance with manufacturer's instructions.
B. Do not apply fmishes to surfaces that are not dry. Allow applied coats to dry before next coat is applied.
BID NO: 86-98/99
DATE: 6/23/99
CITY OF MIAMI BEACH
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L. ApplY ~ach coat to uniform appearance. Apply each coat of paint slightly darker than preceding coat unless
otherwise approved.
D. Vacuum c1t:an surfaces of loose particles. Use tack cloth to remove dust and particles just prior to applying
next coat.
3.04 FIELD QUALITY CONTROL
A. See S~ction 0 I 400 - Quality Requirements, for general requirements for field inspection.
B. Owner will provide field inspection.
3.05 SCHEDULE - SURFACES TO BE FINISHED
A. Do Not Paint or Finish the Following Items:
I. Items fully factory-finished unless specifically noted.
2. Fire rating labels, equipment serial number and capacity labels.
B. Paint the surfaces described below under Schedule - Paint Systems.
C. Mechanical and Electrical: Use paint systems defined for the substrates to be finished.
I. Paint all insulated and exposed pipes occurring in fmished areas to match background surfaces, unless
otherwise indicated.
2. Paint shop-primed items occurring in finished areas.
3. Paint interior surfaces of air ducts and convector and baseboard heating cabinets that are visible through
grilles and louvers with one coat of flat black paint to visible surfaces.
4. Paint dampers exposed behind louvers, grilles, and convector and baseboard cabinets to match face
panels.
3.06 SCHEDULE - PAINT SYSTEMS
A. Gypsum Board: Finish all surfaces exposed to view.
B. Wood: Finish all surfaces exposed to view.
1. Exterior trim and frames: WE-OP-3A.
C. Wood Doors: WI-TR-VS.
D. Steel Doors and Frames: Finish all surfaces exposed to view; MI-OP-3A, gloss.
END OF SECTION
BID NO: 86-98/99
DATE: 6/23/99
CITY OF MIAMI BEACH
66
ORDrN.--\:"iCE NO. 99-J l6~
\\," (/Rui>".\.'1CE OF THE ;"1.-\ YOR A,'"u CITY
COMMISSION OF THE CITY Of MIAMI
BE.--\CH, FLORlDA ESTABLISHING A "CONE
OF SILENCE" FOR CITY COlylPETITIVE
SWOINC PROCESSES, BY AMENDING
CH...\.PTER 2 OF THE CODE OF THE CITY OF
MfAMI BEACH ENTITLED
".--\DMINISTR<\.TION," BY Al"IENDING
ARTICLE VII THEREOf ENTITLED
"ST..\SDARDS OF CONDUCT," BY CREATING
DlvlSrON 4 ENTITLED "PROCURElYIENT,"
BY CREATING SECTION 2-486 ENTITLED
"CONE OF SILENCE" BY PROVIDING FOR A
DEFI2'{ITION, PROCEDURES, AND
PE~.AL TIES; PROVIDP'-G FOR REPEALER,
SEVER-\BILITY, INCLUSION IN THE CITY
CODE, Ai''-D AN EFFECTIVE DATE.
\VHEREAS. th~ Mayor and City Commission of the City of Miami Beach are desirous of
adOpting a "Con~ of Silence" procedure to procect the professional integrity of the City's
competitive bidding process by shielding the City's professional staff; and
\VHEREAS, the policy proposed herein recognizes the importance of requiring persons or
businesses who are part of the City's competitive processes to disclose all communications \Vith the
City's professional staff: and
\"'REREAS, corr...."7lUf'.ic:lrions bet\veen elected officials and the Ciry's appoimed staff during
a competitive bidding process should be in \vritinsr so that it becomes a part of the public record: and
\VHEREAS, the proposed policy protects rhe rights of individuals to petition their
government and their elected officials; and
\VHEREAS, the policy proposed herein enhances the spirit of Florida's Goverrunent in the"
Sunshine Law.
l'-lOW, THEREFORE. BE IT ORDAl:'fED BY THE M.-\ YOR A:\D CITY
COiVCMISSro",' OF THE ClTY OF ML-\.lvlI BEACH:
SECTTO''-i I. S.;:ctlon >+:0. of Divlsion 4 ot' Artick vrr ot' Chaptc:r ~ ot' the Miami BC:J,ch City
Code: is he:reJ: ..:r.;:;:.c.;:d to r:::J.C: JS tollol,.lo's:
.-\rrid~ qr. SC:lnd:lrds of Conduct
i'
."
Oivision..!. P-,)crr::::71em
Sec. 2-4,%. Cone of Silence
.L
C 0ntr3.CcS r~)r the orovision of ' mods and se:-vices other than audit an.-: ~..:_~-:"C.:..E
r< ..::,; ~';-:'-n :"":;:-_:vr C,;..-:,~I,rYr:;rC) concracts.
(2' "Cone of Silence" is herebv defined to mean a Drohibition on: (a) anv
communic:1tion regardinQ' a panicular Request for Proposal ("RFP"). Reauest
for Oualifications ("RFO"), Request for lerrers of [merest ("RFU"). or bid
berween J Dmential vendor. service orovider. bidder. !obbvisr. or consultant
and the Cirv's orot~ssional stJ,ff including. but not limited to. the Citv
\-f::.naQ'e:- and his or her staff: and (b) anv communication re~arding a
oarricular RFP. RFO. RFLf. or bid benveen the Mavor. City Commissioners.
or their reSDective staffs. and anv member of the Citv's professional staff
inc[udin~. but not limited to. the Cirv Manager and his or her staff.
0iot",\lithstandina the forea-oina- the Cone of Silence shall not a 6-:,G
competitive Drocesses for the a\.vard of CDBG. HOME. SHIP and Surtax
Funds administered bv the i'vfiaini Beach Office of Community Develoomenr.
2nd comr.:unications "\lith the Cirlf Arcornev and his or her staff
(b) Procedure
(ii .J.. Cone or Silence shan be imoosed uoon e"'ch RFP. RFO. RFU. and
b;..; afre:- rhe advertisement of said RFP. RFO. RFU. or bid. At the
ti~e of imoosition or-the Cone ofSiIence. the Cirv Manager or his or
he:- desig:nee shall Drovide for DubUc notice of the Cone of Silence.
The Citv Manager shal[ include in an\." oublic solicitation for goods
2.rd ser/ices a statemerH disclosina the reauirements of this
ordinance.
@ The Cone of Siler1ce shall tel7:"![r12.re a) 2.t the rime the Crtv ~rana~er
makes his or her wTirren recommendation as to selection of a .
/
i':lrtl,:::i:tr R FP. RFn RFU. or hid ill i~~; (~[I'. (~,Hnr7li ;;i"I1: "rn'liCed
=.1
1111W~'.cr riur 1[' iht:: (~ii', Cnmmis-:;inn rd~rs the '\lJn;}~er"s
....'(..(1~,-,~,.,d,:ri(.H., h,.,(~,.. :"1"\ ~r..,-" (-;r. \.':-'''''''f1,..U'' ,"\1'" '~r"'~ ~~-.,,... ~,~t.,_~... _'~..::~.:;.
(he (Ilne nr" Silence sh:.lll ht:: r:~lmfJosed !Inri I such rime JS rhe
\f:tnJ';cr m:1kc:'; :1 s!lhS,~rll :~::r \\ r1fl'~:1 rl~cnmme:1d;.Hi(}n. or hi in the
_\I.....Jo~r "...I'",...,r_.,{....~ I-~,... [,)",,--:- ..i.-...,..... ,\In rl/ln nn .~.h..:u... ..1-,,, r:h., (...._... _,,_
. -~ .. ,
~\cClltcS rhe contr:.lcr..
r .\
F\c~~ril~ns
T'1~ i'rn'iISlons or' rhis Ilrdin::tnce sh;}!I not Jo[)I,' to onl
~,'''mL:nic.:lti"r:s at :-)r~-rid cllnr'cr~;;c~s. on! ':'rescnt:.lrions be~i)r~ ~~:.2':::",~
~'."1!~_:;~~>~r. (:~'1~:71:~~~'~. ,::)r~:-,~c: ~'-7 _ ~,,~=, ,,: disc~lSsi()ns ciur7n~ J~\ de!\."
n,'[<:~~ :nlhlic ~e:e[inc:. ollhlic iJresenr:.ltinns m:.lde to [he (itv Commissione:-s
ciur;n~ :In': dUI': nnricd Duhlic m~~[i!1C;. con17:J.ct n~2'oriations '..\lith Cirv snIT
,;)ilowir.'! the 1'.'..,Jrd oran RFP. RFO. RFU. or bid b\l the Cit'! Commission.
I'r c()~i7:unicacil)ns in \vritin~ at an" time ''lith :.In\l (itv emolo\lee, official or
~e:rr:re~ 'Jr" "he (ir" Comr::issio!1. unless sl'Jecific::ll!\I crnhibit~d ;"\1 the:
l::,ciicabie RF? RFn RFLL or bid documents The bidde: or omcose:~ sr:.:l[!
l~ie :l CII[1V or"1nv vvTirren communic:.ltions with the Citv Cle:-!-:. The Cit';
(k:-!-: shail make cooies ,wai!able CO anv c~rson uoon requeSL.
..,
.-\~:ci:: ..:"...: ~:'S~C Com:Jcrs
l:ll "Cine "t' Sile;'lce" is he:-ebv defined ro me:m a crohibition on: (:>.1 an\"
C2>r"!'rTH:ilIC:.lrior1s re'!Jrdin,? :.l c2.rriculJ.r RFP. RFCl. RFU. or hid retv,:ee" :1
C'otemi:l! vendor. service orovider. bidde:-. 1000\lis1:. or consultant and the
\ fa\lor. (irv Commissioners or their resDective staffs. and anv member of the
C:[";'s Drnt'cssional staff includin~. but not [imired to the Cirv Manager and
his or he:- sLaff. and (b') anY" orJ.i communic::uion regardin~ a particular RFP.
RFn. RfU. or bid b~[\vee:1 rhe MaY"or. Cirv Commissioners or their
respective staffs 1nd an\" member orthe Cit,,') Droressiona! staffinc!udin9:.
cur nac limited w. the Citv \fanager J.r.c his or he:- sLJ.ff. ~0[\"ith5;:andin~ rhe
t~jrqoin9:. rhe C,ne or Silence shal1 ilot aDol\" co communic:lLions wien Lhe
ele",,' A.L7I,}t7.~'f; and his or h~r st2ff.
(01 Ex:ceor as afovided in subsections ?JC1 and 2(d') hereof a Cone of Sile;"lce
~~2[~ ~;~ ~~~r~~-: !~:::>~:: =2C~. R,?? ?~?(~, ?,fLr. :~:-- ::i,-J ~"'-:l J.t:'::~ 2:.: ~~~.,~
see-,ices If:e: [he Jdve~ise;T1,er:c ,:f said R.FP. RFO. RFU. or bici.;),.r [he :i:-:-:e
l)~" [he: im:l)siti,')n ,Jr' rile Cone OT"' Siie;1ce. rhe (ie" Mana,?e:- or his or he:-
~es>lnee si12.il or(wide lor [he ol..!.8iic notIce orehe Cone of Silence. T::e (or:e
oi"Silence sha!I te:min:lee ':.h,:,~ :~:,: c:-. ',~2,,':'':':;" ,:::.:::...:.:.:; .l ~.:.:::c.j.:.. .:....:.:::
.:. ~~src ~:,,:.1'::::11 aL the rime :he Cic'''' Manage:- makes his or her wrirre~'"
c-eCOrTllT'e;1CJ.C!On as co the se!ecrion of]. oarricular RFP. RFO, RFU. or bid
:Ij [he CiL': Commission: orG',i..:ed. ho",:ever. th:.lt if the Crt,," Commission
refers the \-rana~ei's recommenaJ.tion back to rhe Citv Manaq:er or scaff for.
J
:1!::'e~ ~,~\:e'.\" rn~ Cnne nt-C:;ir~n(:~ "n.lll he r~im >n",~rlllnril ,)llch ti:-ne i1S rh~
"':.~::,;~-,~ :-::.l.l..:C::'j ,) SUhselJUent wnrren recommencL!tion. or 01 nr irtlb_e__eli~:1r
'-." '(;.111 ),'I\II,(j '1\1. ",nen me (,It v I.'vl;jna~erexecures the
(,1n(,JCc.
,~ \'",1,;::,: ,~'ncJi"d her::" Sh:lll r1mhihi( In''' hidde, (,r rmiOnser: li1 trom
,'71J;,::'1C:-;I:hiic rJreSentJ.tinns .Jt duh nl)(iced ore-hid ,~nn r~,'~nce<; J1r hr'rnre
J,::. ~"':~:~:~~:.\n ev,1iuatlon ,:ommmee meeelnrzs: Ill) t'rom e'1'ZJ!!in~ in
~~"'-n.:' -:, ::...:::".~ ,ii')cl!:-;<('~': ~'::n-;1n'; dull,,' noticed Dublic meerin!!: (iii')
'7-:'r' e:-:<.:l<!;l1.:; in concr1c ne(")'0tlJtrons with (itv ')tarr Glilol"ving (he award 0f
-,~~.::'") ::<:::\-, RFU. or hid ror Judie ~''- rhe Cre',- Commission:or (iv1 r'm,.,.,
':,'-:-:n'_:~:C:J::,.,'Z in \\iriein~ \virh .:lr:',- Cle\' emoinvee or OrriCl:l1 rllr OUiDoses of
see:,:",.: ci:yir'ic:leion or o.ddicinr::1! int;)rmation from the Ciev or responding
:" 'he C;r,'" ~e8L:eSt r(')r c1J.rifiC::Hinn or :1ddieional inr(lrma[ion, subiec~ co the
::,;,J\:Si,'r'S I)(rhc 1001ic:101e RFP. RFn. RFU. or hid documents. The bidder
,1r ::,r;)['I'se; 5ho.!i tile :l coov or' an"" wrirren cnmmunicarion with the Cirv
Cic,'( T~c C>:": Clerk 'iha!! make COGies :w.J.liabie to ,he 'Zenera! Quolic upon
:-~c~,..:~s~.
(~\ ""oehic;~ c0ntJined herein shall orohibi[ anv lobbvisi:. bidder, TJroooser, or
{'rhe; :;:::;3(1n ,"lr e:1ci[v from !':'ubiiclv addressing the Cirv Commissioners
durin,? o.n\' au/v noticed oubiic meerin,? regarding action on anI,' audit ~
P5S-:{'re;-Jc~, The Cie'! '''[J,r1:J.,;er shall inc!ude in .:J.nv public solicitation for
l!..:ciicin'?~r ~;':~G services a srJ,temenc disclosing the requirements of this
ordinance.
~
,
'i/iofations/Per:a!ries ar.d Procedures. :.-. ~":'::::~r. :,; :;:,: ~.;::.::.Ic:':Jcl6'>i-=c.::.. Sc.:::cn.
~ A..r1 ll1e'Fi 'i;O[o.[:on of chis Secr:on ~ bv a oarricular bidder or oroooser
511111 sue-iecr S2.!C bidder or oroooser m the same procedures set forth in Sections
-:- -l57(JI and (3 \. shan render anv RF? al'varc. RFO award. RFU a\,vard. or bid award
[,; said bidder or r:'r0':'ose, void~. and said bidder or oroposer shall not be
c~r:siciere:: ror ::'-"'- RF? R..tcn. RFU or bid 6)[ a concr:lcr ror the provision of goods
or services for::. c-erioci of one vear.-l,nv Derson \'vho violates a orovision or this
orciinance shan t;e oronioiced from se:-:in~ or. :l (itV' ,:,:".;c:::>:.: ~.::.:,:::c~ evaluation
corr;mirree. rr::.cciiri0n ro 3.nv othe:- ~e:"12.h' C'LOviced bv !2.',v. viol:lr:on of anv
Dr-OV!Slon rJr~ [:~;3 ()rdir:2.rce bv a C;:"T~. ~;(.:;1ovce sh2..1I subl~C:[ SJ.id C:7:ulovee co
disc:oiinar'- acriar !10 co andincludin<; dismissaI.'-\dditional[v, any oerson ,"no has
[:::r50"2.i :>:..-.owic:::z~ or::. 'Iioration of~his ordinance shilll reoon: such viol2.~ion co the
Scare .'-\ rra me'.' l":CiJr rr;o.': t"ile :l cO'-.:'[3.in~ \,,\'i~h the 0-fiami-Dade Coum': Erhics
Cr;mmissron.
Si\(~Tf(j~~ 2. REPEALER.
Th:lC.1l! Ordin.JJ1c~s or pms of Ordinances in conflict herewith be and the same are hereby
repe:lld.
SECTION 3. SEVERABrUTY.
[r::.ny SC::::0f1. subs.:c,ion. clJuse or provision of chis Ordinance is held invalid. the remainder
shall nor b~ :lffc:::.:ci by such invalidity.
SECTIOi''- 4. CODIFTCA. TION.
Ir is me intention ofche ~vfJ.yor and City Commission of the City of Miami Beach, and
it is hereby ordained chat the provisions of this ordinance shall become and be made a pan: 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 othe:- appropriate word.
SECTION 5. EFFECTrVE DATE.
This Ordinance shall take effect on the 16 ch day of January
, 1999.
PASSED and .WOPTED this 6th day of January
, 1999.
~J- feu&--
1ft
/It:
MAYOR
.,J. TT'C' c: T .
CITY CLER.:<
~. "~"~"I:o. ,~Ut"'.,.\;(...:"..~ _.' ,_,
APPROVED A5 TO
FORM & LAI'lGUAGE
& FOR EXECUTION
1st reading L2/16/98
2nd reading L/6/99
J
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Coy A4iorn..-"
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