2001-24653 RESO
RESOLUTION NO. 2001-24653
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AWARD OF A CONTRACT TO TDI
INTERNATIONAL, INC., IN THE AMOUNT OF $4,980,688.97, PURSUANT TO BID NO.
59-00/01 FOR THE RENOVATION OF THE BAYSHORE GOLF COURSE AND THE
LANDSCAPING OF CHASE AVENUE AND ALTON ROAD ON THE PERIMETER OF
THE GOLF COURSE, AND FOR THE APPROPRIATION OF FUNDING, IN THE
AMOUNT OF $7,039,928, FOR THE PROJECT, WHICH INCLUDES CONTINGENCY,
TESTING AND PERMITTING FOR THE IRRIGATION HORIZONTAL WELLS, THE
GROWING PERIOD, ENVIRONMENTAL REMEDIATION AND RENOVATION OF
THE TENNIS COURTS, AND AN AGREEMENT FOR THE DEMOLITION OF THE
EXISTING CLUBHOUSE, MAINTENANCE BUILDINGS, GOLF COURSE
BATHROOMS AND SHELTERS, AND TENNIS "PRO" OFFICE, IN THE AMOUNT OF
$180,000, TO BE AWARDED TO THE FIRM OF METCALF & EDDY.
WHEREAS, on October 8, 1997, the City Commission approved a professional service
Agreement with the firm of Arthur Hills/Steve Forrest and Associates (AH) for the design services,
construction and bidding documents, construction observation, project administration, scheduling and
cost estimating necessary for the renovation ofthe Bayshore Golf Course (the Project); and
WHEREAS, in 1998, Florida Power & Light (FPL) proposed the construction of an overhead
transmission line between their 40th Street Substation and their Venetian Substation in order to improve
service within the City and the City requested that FPL install the transmission line underground; and
WHEREAS, the City entered into an agreement with FPL to accomplish the utility
undergrounding; and
WHEREAS, in order to facilitate the restoration of the landscaping and irrigation systems along
Bayshore Golf Course impacted by FPL's activities, FPL agreed to provide additional financing to the
City in the amount of $333,778.00; and
WHEREAS, the City retained the firm of Savino & Miller Design Studio to serve as the
landscape design consultant for the FPL project along Alton Road and Chase Avenue; and
WHEREAS, on October 18, 2000, the Mayor and City Commission approved the appropriation
of $100,000, from the General Obligation Bond Fund, Series 2000, for additional landscaping along
Chase Avenue; and
WHEREAS, on July 18,2001, the Mayor and City Commission authorized the allocation of
$1,100,000, from the Undesignated Fund Balance for the construction of a horizontal wells system of
irrigation for the Renovation of the Bayshore Golf Course; and
WHEREAS, on September 14,2001, the Administration issued Invitation to Bid No. 59-00/01
for the Renovation of the Bayshore Golf Course including total renovation of the tees, green, fairways
and bunkers; new landscaping of the golf course and perimeter areas; expansion and reconfiguration of
the course's lakes; new drainage; a new irrigation system utilizing horizontal wells and a new pump
house; and the landscaping of the Alton Road and Chase A venue perimeters; and
WHEREAS, bids were received on October 5, 2001 and four contractors were determined to be
responsive and responsible and the Consultant, Arthur Hills and Associates, the Procurement Division,
the City's Program Manager and the Capital Improvement Projects Office have reviewed the bids and
have verified the bidders qualifications and reliability as well as their ability to complete the project on
time and in budget; and
WHEREAS, the Administration is also planning the demolition of all buildings within the
Bayshore Golf Course, which includes the existing clubhouse, the maintenance buildings, the golf course
bathrooms and shelters, and the tennis "pro" office; and
WHEREAS, this demolition contract, which includes asbestos abatement, will be awarded to the
firm of Metcalf & Eddy under a standing Agreement with the City for Specialty Services for projects not
exceeding $500,000 of construction costs; and
WHEREAS, this approach allows for the prompt demolition of the existing facilities in
preparation for the award of the Bayshore Golf Course Renovation Project as well as of the new
Clubhouse and Maintenance Facilities Project, which will be bid in November 2001 and awarded in
December 200 I; and
WHEREAS, the Metcalf & Eddy Agreement is for $169,700 with a contingency of$10,300; and
WHEREAS, based on the above mentioned analysis and review, the Administration
recommends that TDI International, Inc., be awarded a construction contract, in the amount of
$4,980,688.97, as the lowest responsive, responsible bidder, for the Renovation of the Bayshore Golf
Course; and
WHEREAS, the Administration requests appropriation of the overall funding for the Project and
for the demolition of the existing facilities at Bayshore Golf Course, in the amount of $7,039,928.
NOW THEREFORE, BE IT DULY RESOLVED BY mE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission herein approve award of a construction contract to TDI International, Inc., in the amount of
$4,980,688.97, pursuant to Invitation to Bid No. 59-00/01 for the Renovation of the Bayshore Golf Course
and the landscaping of Chase A venue and Alton Road on the perimeter of the golf course, and for the
appropriation of funding, in the amount of $7,039,928, for the Project, which includes contingency,
testing and permitting for the irrigation horizontal wells, the growing period, environmental
remediation and renovation of the tennis courts, and an Agreement for the demolition of the existing
clubhouse, maintenance buildings, golf course bathrooms and shelters, and tennis "pro" office, in the
amount of $180,000, to be awarded to the firm of Metcalf and Eddy.
PASSED and ADOPTED this 17th day of October 200 I.
~I
MAYOR
ATTEST:
~rr~
CITY CLERK
F:\ WORK\$ALL \chartrand\Bayshore Golf Course\constreso.doc
APPROVED NJ 10
FORM & LANGUAGE
& FOR EXECUTION
14..~ ~O~()f
URS
October 12, 2001
Mr. Jorge E. Chartrand
Public Works Department
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Fl. 33139
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Re:
ITB-59-00/01
Renovation of Bayshore Golf Course
Bid Evaluation
Bid Openings were held on 10/1 % 1 for the Renovation of the Bayshore golf course
project. The Bids are as Follows:
Bidder "A": TDI International
Bidder "B": Quality Grassing
Bidder "C": Ryan Golf
Bidder "D": The Redland Co.
$4,980,688
$5,324,955
$5,651,194
$8,076,641
Bidder "A" (TDI International), at this time is the apparent low bidder. For Evaluation
purposes we analyze the three- (3) lowest bids, (see attached spreadsheet). This included
Bidder "A", "B", and Bidder "C".
Our analysis brought up some questions that needed further clarifications from TDI
International (Bidder "A"). The contractor answered our questions to the team
satisfactions. (See attached letter). This analysis shows the bid is sound and just for the
scope of work.
We have also checked the references regarding TDI International. All comments were
positive and highly recommended for this type of work.
In conclusion, URS recommends Bidder "A"- TDI International for the renovation of the
Bayshore Golf course.
If you have any questions please call our office.
dd~A;;',~?~
~Gary D. Wallace
~
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Michael Nardone
URS Corporation
Eastern Financial Building, Suite 1000
700 South Royal Poinciana Boulevard
Miami Springs, Fl 33166
Tel: 305.884.8900
Fax: 305.884.2665
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Commission Memorandum
October 17,2001
Bayshore Golf Course
BAYSHORE GOLF COURSE - BID TABULATION - BID NO. 59-00/01
Item Description Contractor's Name
TDI Internationa Quality Grassing In Ryan Golf, Inc. The Redland Co.
Lump Sum Bid $ 4,980,688.97 $ 5,324,955.91 $ 5,651,194.00 $ 8,076,641.00
Bid Tender Form XX XX XX XX
Supplements XX XX xx XX
Certificate of Insurance XX XX XX XX
Bid Guaranty Form XX XX XX XX
Itemized Proposal Form XX XX XX XX
Addenda Acknowledgement XX XX XX XX
Reference List XX XX XX XX
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Metcalf & Eddy
57"..1.0 ht'cuti\\.' \\',1\
,\1ir<lI1l.H, FL .uil..!:;
September 5.2001
rl,1 '1:;4..4')1)-:-;-;-(1
FdX: '1::;4-45\)..310\1
Mr, Bruce Henderson
City of Miami Beach
Environmental Resource Management Division
4'" Floor
1700 Convention Center Drive
Miami Beach. FL 33139
\\\"\\.1l1-,'.( (l1l1
Subject:
Cost Proposal - Abatement & Demolition Bavshore Golf Course
Dear Mr. Henderson:
Metcalf & Eddy. Inc, is pleased to provide this scope of work and cost estimate for your
review and consideration. This work is proposed to be implemented in accordance with
the contractual terms and conditions of our agreement. dated 6/19/01 with the City of
Miami Beach for Professional Architectural or Engineering Services in Various Specialties
for Capitol Projects in which the Basic Construction Cost does not Exceed $ 500.000,00
per Project.
Scope of WOI"k
In order to begin to prepare the site for the up coming reconstruction of the adjaccnt golf
course the City has elected to proceed with the demolition of the lollowing site structures:
. Clubhouse
. Tennis '.Pro's" ofliee
. Driving range support shed
. Mid course bath room facility
. Maintenance lacility and 1()I"lller wooden oftice building
Asbestos Abatement:
Based upon an Asbestos Survey conducted at the ablwe facilities by ATC in the spring 01'
2000, it has been identilied that prior to the start of demolition activities it will be
necessary to conduct abatement activities in the Clubhouse structure to remove friable
Asbestos Containing Materials (ACI'vI) found in the boiler room. in ceiling plaster located
throughout the t~lcility and at various l"cati"ns nn the building water piping, I'urther
although not identitied as friable. AC\t was also found in a majority nt'the components
associated \yith the building's rooting SYSlc:'111.
\', ,\ I ( () 1<.\ (.( '~\I""-'
.'
According to A TC ACf'v1 was not reported to be present in any of the remaining ;H~~~'
structurcs to be includcd in this demolitiC1l1 project and as such no prc-dcmoliti,)l1
abatemcnt activitics will be rcquired,
In order to propcrly abatc the friable AC\ I l(lLlIld throughout the Clubhousc structurc and
~lS tabu btcd he Il lW, i\ 1& E \Ii II uti I i 7C the sel'\iccs l' fa S t,He Licensed .\shestl" Contractor
to pcrt()l'm the rcquired ACM abatcmcnt sCJ'\'iccs in accordance with applicahle Florida
Statutcs, Allmatcrials rcmoved will he manifested 1'01' disposal at appropriatclv
permitted facilities, It is assumed that thc Citv \lill bc listcd as gcneratl1r and \vill sign all
disposal manifests.
ltcm i Estimated Quantity I
,
I, Acoustical Plaster Ceiling , 12.795 square feet
,
,
2, Aircell Pipc Insulation 1.000 linear feet ,
i
3, Boilcr Room Componcnts. consisting of I -150 "' squarc fect of tank insulation and
tank and pipe insulation I 30- feet ol'pipe and fitting insulation ,
Allnon-friahle ACM matcrials as idcntilied in the A TC survcy report \lill bc removcd
during demolition operations utilizing "wet" demolition methods, All such matcrials will
also he disposcd of at appropriately liecnsed t~1cilities.
Prior to the start of abatement activities.M&E will tile with DERM the necessary IO-Day
notitieation and obtain any necessary City of Miami Beach Permits, It is assumed that as
this is a city project all city permit fecs will be waived,
During abatement activities M&E will provide thc scrviccs of a Liccnscd Ashestc,s
Consultant to monitor thc abatcment activitics and pcrf()rm required air sampling. Upon
completion of all abatement. a projcct "closc out" report \vill be prcparcd documcnting
the abatement process and providing copies of all disposalmanifcsts and sampling
rcsults,
Wc have assumed that all abatement activities \vill bc completed within liftcen (15)
working days Ii'om the expiration date ol'the DERM 10 day notitication and that the
"close out" report will be submitted within 30 days of project completion,
In orda to support abatement operations we ha\'e assumed that the City will provide at
no cost to M&E a source of potable water and a minimum of 3- 20 amp 120 volt power
outlets at a location somewhere within the existing buildings adjacent to the sitc, The
extension of these utilities to the work site will be provided by M&E or it's
subcontractors,
.
Demolition:
Upon completion of th<: abatement ot' the friabk AC\lmaterials from the Clubhouse
building, and rec<:ipt of appropriate clearance sampling results from the Project monitor,
lvI&E through it's subcontractor will demolish the Clubhous<: structure disp<)sing of all
debris at appropriately permitted facilities, As previously stated all non-friable ACi\1
rooting material will b<: removed during demolition utilizing "wet" remov~:li techniques.
All coolant will also be removed from air conditioning units and properly disposed of
prior to the start of demolition activities,
As the Clubhouse is located adjacent to the entrance utilized by the public for access to
the golf course. th<: work zone will be delineated with caution tape to restrict access
during working hours, Further to minimize dust during building demolition a watertruck
with hose connections will be provided for dust control services.
Prior to the start of demolition operations. it is assumed that the City will arrange to have
removed from around the building all plantings that they wish to preserve for re-use, In
the <:vent that it is not possible to remov<: the palm trees located on the east sid<: of the
structur<:. r<:asonable <:rforts will be made to demolish the structure while minimizing
damage to th<:se tre<:s. I t is furth<:r assumed that in the event that plantings other than the
palm trees previously mentioned will remain and require removal during demolition. no
tree removal permits or bonds will be required,
Upon completion of the demolition of the Clubhouse structure. as no abatement is known
to b<: required, the Tennis Pro's office. Driving Range support structure and Mid Course
hath rooms would then be demolished and resulting debris disposed of at a suitably
permitted facility, To minimize dust during demolition "wet" demolition techniques will
be used.
Following the completion of the demolition of the structures adjacent to the Clubhouse
demolition operations will be shifted to the maintenance facility site. As these structures
are assumed not to contain any Asbestos Containing Material (ACM), subject to
confirmation by a site survey scheduled to be performed by A TC directly for the City.
they will be demolished also utilizing "wet" demolition techniques in order to maintain
dust control and all debris disposed of as "demolition debris" at appropriately permitted
l~lCilities. It is further assumed that no contaminated materials will be encountered during
demolition activities that will require either special handling or disposal. It is also
assumed that the site will be reasonable free from debris remaining from the former site
operator.
In addition to the demolition of the maintenance facility structures, M&E will also
remove and relocate the existing above grade Gas Tanks to an adjacent offsite location
.
acceptable to the City, The tank support slab will be dcmolishcd as part of this project
although the City will be responsible for removing all product from the tanks prior to
their removal from the site, Further. the scope of work for demolition at this site will also
include the removal of the south section of the facility fence. including the embedded
tree. As IlI"e\iously stated. it is assumed that no tree reml1\'al permits or bonds will be
required tll accomplish this \york. All existing site pavement and perimeter t'encing, \\ ith
the exception of thc scction as indicated above, w'ill remain upon completion ot'
demolition as will all trees located around the site's perimeter.
Finally, although it is assumed that the maintenance facility is served by the municipal
sewer system the potential does exist that an abandoned on-sitc septic system mav be
present. [n the event it is contirmed that such a system is prcscnt and requires removal,
such work will bc considered as bcyond the scope of this project and will be treated as
extra work to be paid for at a price mutually agreeable to both the City and i\I&E.
Prior to the start of any demolition activities M&E will secure the required city
demolition permits although it is assumed that permit fees will be waived, Although it is
understood that the City will be responsible for all costs necessary to have utility services
disconnected from the structures to be demolished, M&E will assist the City in
scheduling and coordinating this work.
for thc purpose of this proposal demolition is understood to mean the removal and
subsequent disposal of all debris associated with the structure including slabs and t'ooters
and the site will be left free ot' demolition debris and be "rough" graded utilizing on-site
material.
We have assumed that all demolition work will be completed within 11 working days and
that all work can be performed on a continuous basis requiring only one mobilization to
the project site,
Pricing
We propose to complete the above scope of work for the abatement and demolition of the
six (6) structures as outlined above for the lump sum price of $ 169,700.00, A break
down of our proposed price is presented below:
Item I Price
\, ,\sbestos Abatement 1 $ 68.300,00
i 2, Project iVlonitoring during Abatement i $ 5,750,00
3. Building Demolition ! $ 83.950,00
4, M&E Project Administration & $ 1\,700.00
Construction Oversight
-re;fll-i.. II",? ;/)0. Po
-
. .
After you have had the opportunity to review our proposed scope of services and pricing
and should you have any questions or wish to discuss this project in greater detail, please
do not hesitate to contact either Rich Vlkus or myself at 954-450-5187,
Sincerely.
METCALF & EDDY, lNC,
?7 ~A- -F"~,
Mark Blanchard
Vice President and Florida Operations Manager
c: Richard Ulkus (M&E)
I&C/awd ~
~)I
Y7iL-
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM NO.
Mayor Neisen O. Kasdin and
City Commission
DATE: October 17, 2001
Jorge M. Gonzalez, .~
City Manager cJ U
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AWARD OF A CONTRACT TO
TDI INTERNATIONAL, INC., IN THE AMOUNT OF $4,980,688.97,
PURSUANT TO BID NO. 59-00/01 FOR THE RENOVATION OF THE
BA YSHORE GOLF COURSE AND THE LANDSCAPING OF CHASE
A VENUE AND ALTON ROAD ON THE PERIMETER OF THE GOLF
COURSE, AND APPROPRIATING THE FUNDING, IN THE AMOUNT OF
$7,039,928, FOR THE PROJECT, WHICH INCLUDES CONTINGENCY,
TESTING AND PERMITTING FOR THE IRRIGATION HORIZONTAL
WELLS, THE GROWING PERIOD, ENVIRONMENTAL REMEDIATION
AND RENOVATION OF THE TENNIS COURTS, AND AN AGREEMENT FOR
THE DEMOLITION OF THE EXISTING CLUBHOUSE, MAINTENANCE
BillLDINGS, GOLF COURSE BATHROOMS AND SHELTERS, AND TENNIS
"PRO" OFFICE, IN THE AMOUNT OF $180,000, TO BE AWARDED TO THE
FIRM OF METCALF & EDDY.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
FUNDING:
Funding is available from the Gulf Breeze Loan Pool, in the amount of $5,535,703; from the
Undesignated Fund Balance, in the amount of$I,100,000; from the 1999 General Obligation Bond
Fund, in the amount of $100,000; and from Florida Power & Light financing, in the amount of
$304,225.
ANALYSIS:
The overall Bayshore Golf Course Renovation Project scope includes the total reconstruction of the
golf course, new landscaping, new irrigation and the landscaping of the Alton Road/Chase Avenue
perimeters, as well as a new Clubhouse and Maintenance facilities which will be constructed under
a separate bid.
AGENDA ITEM J? 7J
DATE IO-;7-d I
Commission Memorandum
October 17,2001
Bayshore Golf Course
Page 2
On October 8, 1997, the City Commission approved a professional service Agreement with the firm
of Arthur Hills/Steve Forrest and Associates (AH) for the design services, construction and bidding
documents, construction observation, project administration, scheduling and cost estimating
necessary for the renovation of the Bayshore Golf Course.
In 1998, Florida Power & Light (FPL) proposed the construction of an overhead transmission line
between their 40th Street Substation and their Venetian Substation in order to improve service
within the City. The City requested that FPL install the transmission line underground. FPL agreed
to install the transmission line underground if the City would pay for the additional cost above and
beyond their normal cost of installing the transmission line overhead. In order to facilitate the
restoration of the landscaping and irrigation systems along Bayshore Golf Course impacted by FPL's
activities, FPL agreed to provide additional financing to the City, in the amount of $333,778. This
amount included construction costs as well as consultant fees.
The City retained the firm of Savino & Miller Design Studio to serve as the landscape design
consultant for this project. They prepared a planting plan within a 30' to 50' wide area along the
boundary of the Bayshore Golf Course, from 34th Street to North Michigan A venue along Chase
A venue and along Alton Road. The work included the installation of trees, shrubs, planting beds
and irrigation. This project is now incorporated in to the overall Bayshore Golf Course Project.
On October 18,2000, the Mayor and City Commission authorized the appropriation of $100,000
from the General Obligation Bond Fund, Series 2000, for additional landscaping along Chase
Avenue.
On July 18,2001, the Mayor and City Commission authorized the allocation of $1,100,000, from
the Undesignated Fund Balance, for the construction of a horizontal wells system of irrigation for
the renovation of the Bayshore Golf Course. The funding is to be reimbursed from grants and other
funding sources, as they become available.
On September 18, 2001, the Administration issued Invitation to Bid No. 59-00/01 for the Renovation
of the Bayshore Golf Course with a bid opening date of October 5, 2001. The bid scope included
total renovation of the tees, greens, fairways and bunkers; new landscaping of the golf course and
perimeter areas; expansion and reconfiguration of the course's lakes; new drainage; a new irrigation
system utilizing horizontal wells and a new pump house; and the landscaping of the Alton Road and
Chase A venue perimeters.
A pre-bid conference was held on September 21, 200 I. Due to questions received from prospective
bidders, the bid opening date was changed to October 10,2001. 1460 notifications and 37 bid
documents were issued resulting in four bids.
The bids were received on October 10, 2001 and four contractors were determined to be responsive
and responsible. The Consultant, Arthur Hills; the Procurement Division; the Program Manager,
URS, Inc,; and the Capital Improvement Projects Office have reviewed the bids and have verified
the bidders qualifications and reliability as well as their ability to complete the Project on time and
in budget (See Attached Tabulation).
Commission Memorandum
October 17,2001
Bayshore Golf Course
Page 3
The Administration is also planning the demolition of all buildings within the Bayshore Golf Course,
which includes the existing clubhouse, the maintenance buildings, the golf course bathrooms and
shelters, and the tennis "pro" office. This demolition contract, which includes asbestos abatement,
will be awarded to the firm of Metcalf & Eddy, under a standing Agreement with the City for
Specialty Services, for projects not exceeding $500,000 of construction costs. lbis approach allows
for the prompt demolition of the existing facilities in preparation for the award of the Bayshore Golf
Course Renovation Project as well as of the new Clubhouse and Maintenance Facilities Project,
which will be bid in November 2001 and awarded in December 2001. The Metcalf & Eddy
Agreement is for $169,700 with a contingency of$10,300 (See Attached Proposal).
Based on the above mentioned analysis and review, the Administration recommends that TDI
International be awarded a construction contract, in the amount of $4,980,688.97, as the lowest,
responsive, responsible bidder, for the Renovation of the Bayshore Golf Course and that funding for
the Project and the demolition of existing facilities, in the amount of $7,039,928, be appropriated.
r--
....
.
...
Change Order
PROJECT:
2000 Edition - Electronic Format
AlA Document G70l- 2000
CHANGE ORDER NUMBER:....!!!
OWNER D
- ARCHITECT 0
CONTRACTOR D
FIELD 0
OTHER 0
(Name /lnd /lddre.t.'l)
Renovation of Bavshore Golf Course
2301 Alton Road
Miami Beach. FL 33140
TO CONTRACTOR:
(Name Mnd address)
T.D.!.
395s5 Orchard Hill Place. Suite 600
Novi. Michiqan 48375
DATE: November 16. 2001
ARCHITECT'S PROJECT NUMBER:
Bid No. 59-00101
CONTRACT DATE:
CONTRACT FOR:
THE CONTRACT IS CHANGED AS FOllOWS:
(lndude. where applicable. any untluputed lImount attribuub/~ to preriously t!X<<ut.ed Construction CJung~ DiJw:tives.)
SEE ATTACHED
AUTHENTICA TION OF rH/S
ELECTRONICAU Y DRAFTED AlA
DOCUMENT MAYBE MADE BY USING
AlA DOCUMENT 0401,
lhe ongmal-(Contract Sum) (~lI'9.YMYB\Yt\W~) was $4, ~tsU, btsts. ~I
The net change by previously authorized Change Orders $ 0.00
The (Contract Sum) (~) prior to this Change Order was $ 4,980,688.97
The (Contract Sum) (~ will be ~ (d!:xItlUeJd) (unchanged)
by this Change Order in the amount of $ O. 00
The new (Contract Sum) (~lArJ!~) including this Change Order will be $ 4,980,688.97
The Contract TlIDe will be MijQimnatX~) (unchanged) by (0) days.
The date of Substantial Completion as ofthe date ofthi., Change Order therefore is to be determined
NOTE: Thi., change Order does not include changes in the Contract Sum, Contract Time or
Guaranteed Maximum Price which have been authorized by Construction Change Directive for
which the cost or time are in di.'pute as described in Subparagraph 7.3.8 of AlA Document MOl,
Not valid until sillned bv the Architect. Contractor and Owner.
BY
Geoff Corlett
DATE
November 16. 2001
G D.AAJ The American Institute of Architects. Reproduction at the material her~n or substantial quotatIon ot
il. provision. wilhoul wrllten permi.sion of tho AlA Ylolalo, the copyrighllaws of the United Slates and will
.ubjecllho viOlalor 10 legal prosecuHon. WARNING: Unlicensed pholocopying vlolales U.S. copyrighllaw. and
will subject the violator to legal prosecution. This document was electronically produced with permission of the
AlA and can be reproduced in accordance with your license without violation until the date of expiration as
noted below. expiration as noted below. User Document: tdi change order.aia - 11/1612001. AlA license
Number 1009989, which expires on 413<Y2002.
~\f_....1
~ ~'\" \ As.scc..
ARCHITEa (Typ<<ln.m.)
L~A.lJL
(Signature)
~A.~~
BY
~hu Z.-T. ZOOl
DATE
L.Q:h
~~.
..
,.,;..~
-
( ,
<Sl 2000 AIA~
IA DOCUMENT G701-2000
HANGE ORDER
The American Institute of
Architects
1735 New York Avenue, N.W.
Washinglon, D.C, 20006-5292
BY
Jf-~1~& /
DATE
.
ATTACHMENT TO CHANGE ORDER NO.1
Modify front-end documents as follows:
Section 1.26 (page 13):
Third line after the word "satisfied" add "resulting in the issuance of a Certificate of Substantial
Completion,". Delete second sentence.
Section 2.1.1 (page 40):
Add sentence at the end of paragraph that "Contractor shall submit all necessary documents
required by it pursuant to this provision within fourteen (14) days of issuance of First Notice to
Proceed."
Section 2.2 (page 40):
Delete "Project Initiation Date specified in the" and replace with "Second".
Section 2.3 (page 41):
Delete second paragraph.
Section 2.5 (page 41):
In the second line, after the word "all" insert the word "actual".
Section 2.6 (page'4I):
In the fifth line, after the words "in Paragraph 2.2" add "the City shall pay Contractor the sum".
Section 4.3 (page 44):
4.3.2 - add to the beginning of this section "In the absence of consent ofsurety,".
4.3.3 - add to the beginning of this section "In the absence of consent of surety,".
Section 5.2 (page 45):
Second line, delete "a complete release of all liens" and replace with "ail Consents of Surety".
Section 12.1 (page 70):
Line 12, at the end of the sentence ending in the words "twenty-one (21) calendar days", add
"from when either City or Contractor reasonably believe the matter cannot be resolved by mutual
agreement."
Section 12.2 (page 70):
Line 7 after the word "determination" add ", or if the extent of the claimed damages cannot be
determined, shall set forth the reason why the claimed amount is not final".
Line 11, at the end of the sentence ending with "by the parties" add ", and the cost of mediation
shall be borne equally between the City and the Contractor".
1
.
.
Section 15.1 (page 73):
In the fifth line from the bottom, delete the phrase", together with the cost of' and replace with
U. " '
m.
Section 29.2.3 (page 80):
Add to this Section: "However, anytime prior to issuance of a Certificate of Substantial
Completion, Consultant shall accept from Contractor blocks of at least three holes at a time to
Owner for maintenance. The holes shall be geographically related. The holes may be presented
to Consultant for acceptance when the grassing of greens, tees, fairways, roughs, and native areas
including sodding, mulching, and associated irrigation is complete. City is responsible for
maintenance and care once holes are accepted from Contractor."
Section 32 (page 81):
Delete in its entirety.
Section 40 (page 89):
Add to the end of the sentence that ends on the last line on page 89, ", or to the extent of any act
of God, act of war, or terrorist activity."
Section 41.Ha) (page 90):
Add to the end of the sentence that ends on the sixth line", or to the extent of any act of God, act
of war, or terrorist activity."
Section 41.Hb) (page 91):
Line three, delete "and is also" and replace with "or".
Modifications to Technical Soecifications
Section 01530-2 - Paragraph E, Line 3:
Delete "prior to excavation" and replace with "upon discovery".
Irril!:ation Soecifications
Section 2 - General Conditions (beginning on page 82 and ending on page 91):
Delete in its entirety.
2
CITY OF MIAMI BEAca FLORIDA
PROCUREMENT DMSION
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA j!H39
CONSTRUCTION CONTRACT DOCUMENTS
PROJECT MANUAL FOR THE FOLLOWING PROJECT(S):
RENOVATION OF
BA YSHORE GOLF COURSE
INVITATION TO BID NO.: 59-00/01
http: \\.-1 _.,....t. ~.~.. II as
E-mail: gaslop...AIll. I nd.._f.beada.fLas
BID NO: 59-00/01
DATE: 9/17/01
Telephone: 305.673.7490
F......-ile: 3OS.673.78S1
CITY CLERK
CITY OF MIAMI BEACH
1
NQTICE TO U$ING QepAR"tMENT(S) AND CONSUL TANTlii
Any deviations from City of Miami Beach Standard Form Construction Contract
Documents or any conflicts between the Technical Specifications. or the Supplementary
Conditions and these Documents must be submitted in writing to the City's Procurement
Director and to the Office of the City Attorney for approval prior to the public notice of
the Invitation for Bid. All deviations or conflicts with the standard fom must be listed by
paragraph number and page number.
() There are no deviations
() There are deviations and/or conflicts per the attached pages 01 through
(Using Department)
(Director)
(Consultant)
Changes approved by:
City Attorney
Procurement Director
Date
Date
BID NO: 59-00/01
DATE: 9117/01
CITY OF MIAMI BEACH
2
TABLE OF CONTENTS
~
NOTICE FOR BIDS...................................................................................................................... 7
PLANS & SPECIFICATIONS ORDER FORM ......................................................................... 9
00100.
00200.
00300.
00400.
00405.
00407.
00410.
00500.
BID NO: 59-00/01
DATE: 9/17/01
GENERAL INSTRUCTIONS TO BIDDERS................................................... 10
DEFINITIONS ..................................................................................................... 11
INSTRUCTIONS TO BIDDERS .......................................................................15
1. Examination of Contract Documents and Site ................................... 15
2. Pre-Bid Interpretations ........................................................................... 15
3. Submitting Bids.......................................................................................16
4. Printed Form of Bid ................................................................................16
5. Bid Guaranty............................................................................................16
6. Acceptance or Rejection of Bids.......................................................... 16
7. Determination of Award ......................................................................... 17
8. Evaluation................................................................................................ 17
9. Contract Price .........................................................................................17
10. Postponemert of Date for Presenting and Opening of Bids ........... 17
11. Qualifications of Bidders........................................................................ 17
12. Addenda and Modifications................................................................... 18
13. Prevailing Wage Rates .......................................................................... 18
14. Occupational Health and Safety........................................................... 18
15. Environmental Regulations ................................................................... 19
16. "Or Equal" Clause................................................................................... 19
17. Protested So.citation and Award ......................................................... 19
BIDITENDER FORM..........................................................................................21
CITY OF MIAMI BEACH LICENSES, PERMITS AND FEES .....................24
SCHEDULE OF PRICES BID ...........................................................................25
BID GUARANTY FORM
UNCONDITIONAL LETTER OF CREDIT.......................................................26
SUPPLEMENT TO BIDITENDER FORM
QUESTIONNAIRE..............................................................................................28
CITY OF MIAMI BEACH
3
00520.
00530.
00540.
00550.
00600.
00708.
00710.
00720.
00721.
00735.
00800.
TABLE OF CONTENTS
(ContInued)
SUPPLEMENT TO BIDITENDER FORM
NON-COLLUSION CERTIFICATE ..................................................................34
SUPPLEMENT TO BIDITENDER FORM
DRUG FREE WORKPLACE CERTIFICATION.............................................35
SUPPLEMENT TO BIDITENDER FORM
TRENCH SAFETY ACT ....................................................................................37
RECYCLED CONTENT INFORMATION........................................................39
CONTRACT.........................................................................................................40
FORM CERTIFICATE OF INSURANCE ........................................................ 50
FORM OF PERFORMANCE BOND ...............................................................51
FORM OF PAYMENT BOND ...........................................................................54
CERTIFICATE AS TO CORPORATE PRINCIPAL....................................... 57
PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL LETTER OF CREDIT....................................................... 58
GENERAL CONDITIONS .................................................................................60
1. Project Manual........................................................................................60
2. Intention of City ....................................................................................... 60
3. Preliminary Matters ................................................................................61
4. Performance Bond and Payment Bond ..............................................62
5. Qualification of Surety............................................................................63
6. Indemnification........................................................................................ 65
7. Insurance Requirements .......................................................................65
8. Labor and Materials................................................................................ 68
9. Royalties and Patents............................................................................69
1 O. Weather.................................................................................................... 69
11. Permits, Licenses and Impact Fees .................................................... 69
BID NO: 59-80/01 CITY OF MIAMI BEACH
DATE:~lVOl 4
TASLJ;.QF CONTENTS
(Continued)
12. Resolution of Disputes........................................................................... 70
13. Inspection of Work.................................................................................. 71
14. Superintendence and Supervislon....................................................... 71
15. City's Right to Tennlnate Contract....................................................... 73
16. Contractor's Right to Stop Work or
Tennlnate Contract................................................................................. 74
17. Assignment..............................................................................................74
18. Rights of Various Interests.................................................................... 75
19. Differing Site Conditions ........................................................................ 75
20. Plans and Working Drawings ............................................................... 76
21. Contractor to Check Plans.
Specifications. and Data........................................................................ 76
22. Contractor's Responsibility for
Damages and Accidents ....................................................................... 76
23. Warranty...................................................................................................76
24. Supplementary Drawings ...................................................................... 77
25. Defective Work........................................................................................ 77
26. Taxes........................................................................................................ 78
27. Subcontracts............................................................................................ 78
28. Separate Contracts ........................................................................,.......78
29. Use of Completed Portions ................................................................... 79
30. Lands for Work........................................................................................80
31. Legal Restrictions and Traffic Provisions ........................................... 80
32. Location and Damage to Existing
Facilities. Equipment or Utilities ...........................................................81
33. Value Engineering .................................................................................. 82
34. Continuing the Work............................................................................... 82
35. Changes in the Work or Terms
of Contract Documents .......................................................................... 82
36. Field Orders and Supplemental Instructions...................................... 83
37. Change Orders........................................................................................ 83
38. Value of Change Order Work ............................................................... 84
39. Notification and Claim for Change of
Contract Time or Contract Price ..........................................................89
40. No Damages for Delay.......................................................................... 89
41. Excusable Delay; Compensable;
Non-Compensable .................................................................-................ 90
42. Substantial Completion......................................................................... 91
43. No Interest ...............................................................................................91
44. Shop Drawings........................................................................................ 92
BID NO: 59-00/01 CITY OF MIAMI BEACH
DATE:~IVOI 5
00900.
00920.
00922.
00923.
00925.
00926.
00930.
00950.
01000.
02000.
03000.
04000.
05000.
BID NO: 59-00/01
DATE: 9/17/01
TABLE OF CONTENTS
(Continued)
45. AssIgnment..............................................................................................93
46. Safety and ProtectIon............................................................................. 94
47. Final Bill of Materials .............................................................................. 95
48. Payment by City for Tests ..................................................................... 95
49. Project Sign ............................................................................................. 95
50. Hurricane Precautions ........................................................................... 95
51. Cleaning Up; City's Right to Clean Up ................................................ 96
52. Removal of Equipment .......................................................................... 96
53. Nondiscrimination, Equal Employment Opportunity,
and Americans with Disabilities Act..................................................... 96
54. Project Records .~.................................................................................... 97
SUPPLEMENTARY CONDITIONS ................................................................. 98
ADDITIONAL ARTICLES .................................................................................. 99
1. Prevailing Wage Rate Ordinance......................................................... 99
2. Federal Grant Projects......................................... .................................. 99
STATEMENT OF COMPLIANCE
(PREVAILING WAGE RATE ORDINANCE NO. 83-72) ............................100
STATEMENT OF COMPLIANCE
(DAVIS BACON ACT)......................................................................................101
CERTIFICATE OF SUBSTANTIAL COMPLETION.................................... 102
FINAL CERTIFICATE OF PAYMENT ...........................................................104
FORM OF FINAL RECEiPT............................................................................105
DRAWINGS INDEX .........................................................................................107
ADDENDA AND MODIFICATIONS ...............................................................11 0
TECHNICAL SPECIFICATIONS....................................................................111
ITEMIZED PROPOSAL FORM ..........................................~........~..................112
ACKNOWLEDGEMENT OF ADDENDA...................................................... 122
CUSTOMER REFERENCE L1STING............................................................123
CITYOF MIAMI BEACH
6
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION C~ DRIVE MIAMI BEACH. F\.ORIDA 33139
TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM NO.
Mayor Neisen O. Kasdin and
City COllllDiniOD
DATE: October 17, 2001
Jorge M. Gonzalez\.......,r'
City Muager U u
A RESOLUl'ION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BF..ACH, FLORIDA, APPROVING AWARD OF A CONTRACI' TO
TOI INTERNATIONAL, INC., IN THE AMOUNT OF 54,980,688.97,
PURSUANT TO BID NO. 59-00/01 FOR THE RENOVATION OF THE
BAYSHORE GOLF COURSE AND THE LANDSCAPING OF CHASE
AVENUE AND ALTON ROAD ON THE PERIMETER OF THE GOLF
COURSE, AND APPROPRIATING THE FUNDING, IN THE AMOUNT OF
57,039,928, FOR THE PROJECT, WWCH INCLUDES CONTINGENCY,
TESTING AND PERMI1TING FOR THE IRRIGATION HORIZONTAL
WELLS, THE GROWING PERIOD, ENVIRONMENTAL REMEDIATION
AND RENOVATION OF THE TENNIS COURTS, AND AN AGREEMENT FOR
THE DEMOLmON OF TIlE EXISTING CLUBHOUSE, MAINTENANCE
BUILDINGS, GOLF COURSE BATHROOMS AND SHELTERS, AND TENNIS
"PRO" OFFICE, IN THE AMOUNT OF 5180,000, TO BE AWARDED TO THE
FIRM OF METCALF & EDDY.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
FUNDING:
Funding is available from the Gulf Breeze Loan Pool, in the amolDlt of $5,535,703; from the
Undesignated Fund Balance, in thc amount of $1 ,100,000; from the 1999 General Obligation Bond
Fund, in the amount of 5100,000; and from Florida Power & Light financing, in the amount of
$304,225.
ANALYSIS:
The overall Bayshore Golf Course Renovation Project scope includes the total reconstruction of the
golf course, new landscaping, new irrigation and the landscaping of the Alton Road/Chase Avenue
perimeters, lI.'I wellll.'l a new Clubhouse and Maintenance facilities which will be constructed under
a separate bid.
AGENDAITEM /?7.J'
DATE 10-/7-0/
Commission Memorandum
October 17.2001
Bay.thore GnlfCourse
Page 2
On October 8, 1997, the City Commission approved a professional service Agreement with the fiJm
of Arthur HillsISteve Forrest 8Dd Assodates (AH) for the design services, construction and bidding
documents, construction observation, project admini~tration, scheduling and cost estimating
necessary for the renovation of the Bayshore Golf Comse.
In 1998, Florida Power & Light (FPL) proposed the con.'IlTuction of an overhead transmission line
between their 40" Street Substation and their Venetian Substation in order to improve service
within the City. The City requested that FPL install the transmission line underground. FPL agreed
to install the tran"",k~ion line underground if the City would pay for the additional cost above and
beyond their normal cost of installing the transmission line overhead. In order to facilitate the
restoration of the landscaping and irrigation systems along Bayshore GolfComse impacted by FPL's
activities, FPL agreed to provide additional financing to the City, in the amount of $333,778. This
amount included construction costs as well as consultant fees.
The City retained the firm of Savino & Miller Design Studio to serve as the landscape design
consultant for this project. They prepared a planting plan within a 30' to 50' wide area along the
boundary of the Bayshore Golf Course, from 34" Street to North Michigan Avenue along Chase
Avenue and along Alton Road. The work included the installation of trees, shrubs. planting beds
and irrigation. Ibis project is now incorporated in to the overall Bayshore Golf Course Project.
On October 18, 2000, the Mayor and City Commission authorized the appropriation of $100,000
from the General Obligation Bond Fund, Series 2000, for additional landscaping along Chase
Avenue.
On July 18, 2001, the Mayor and City Commission authorized the allocation oU1 ,100,000, from
the Undesignated Fund Balance, for the constroction of a horizontal wells system of irrigation for
the renovation of the Bayshore Golf Course. The funding is to be reimbursed from grants and other
funding sources, as they become available.
On September 18,2001, the Administration issued Invitation to Bid No. 59-00101 for the Renovation
of the Bayshore GolfComse with a bid opening date of October 5, 2001. The bid scope included
total renovation of the tees, greens, fairways and bunkers; new landscaping of the golf course and
perimeter areas; expansion and reconfiguration of the comse's lakes; new drainage; a new irrigation
system utilizing horizontal wells and a new pump house; and the landscaping of the Alton Road and
(''base Avenue perimeters.
A pre-bid conference was held on September 21, 2001. Due to questions received from prospective
bidders, the bid opening date was changed to October 10, 2001. 1460 notifications and 37 bid
documents were issued resulting in four bids.
The bids were received on October 10, 200 1 and four contractors were detennined to be responsive
and responsible. The Consultant, Arthur Hills; the Procurement Division; the Program Manager,
URS, Inc.; and the Capital Improvement Projects Office have reviewed the bids and have verified
the bidders qualifications and reliability as well as their ability to complete the Project on time and
in budget (See Attached Tabulation).
Co1Pl1Pli#itm Memorandum
October 17, 2001
Bayshore Golf Course
Page 3
The Admirrilllration is also plmming the demolition of all bnil~ within the Bayshore Golf COurse,
which includes the existing clubhouse, the maintenance buildings, the golf course bathrooms and
shelters, IIiId the tennis "pro" office. This demolition contract, which includes asbestos abatement,
will be awarded to the firm of Metca1f & Eddy, under a standing Agreement with the City for
Spedalty Services, for projects not exceeding $500,000 of construction costs. This approach allows
for the prompt demolition of the existing facilities in preparation for the award of the Bayshore Golf
Course Renovation Project as well as of the new Clubhouse and Maintenance Facilities Project,
which will be bid in November.2001 and awarded in December 2001. The Metcalf & Eddy
Agreement is for $169,700 with a contingency ofSIO,300 (See Attached Proposal).
Based on the above mentioned analysis and review, the Administration recommends that IDI
International be awarded a construction contract, in the amount of $4,980,688.97, as the lowest,
responsive, responsible bidder, for the Renovation of the Bayshore Golf Course and that funding for
the Project and the demolition of existing facilities, in the amount of$7,039,928, be appropriated.
.
Commiuion Memorandum
October 17,2001
Bayshore GalfColll'se
BAYSHORE GOLF COURSE - BID TABULATION - BID NO. 59-00/01
Item Description Contractor's Name
TOI Internationa Quality Grassing In Ryan Golf, Inc. The Redland Co.
Lump Sum Bid $ 4,980,688.97 $ 5,324,955.91 $ 5,651,194.00 $ 8,076,641.00
Bid Tender Fonn XX XX XX XX
Supplements XX XX XX XX
Certificate of Insurance XX XX XX XX
Bid Guaranty Fonn XX XX XX XX
Itemized Proposal Form XX XX XX XX
Addenda Ac\cnowledgemcDt XX XX XX XX
Reference List XX XX XX XX
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE. MIAMI BEACH. flORIDA 33138
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INVITATION TO BID NO. 59-00/01
ADDENDUM NO.4
October 8, 2001
Renovation of Bayshore Golf Course is amended as follows:
I. Clarification:
- Soil Boring results will not be provided 1IIIti1 after contr.Ict award.
- The chain link teDlle aIoog bole five(S) is 1,650 liner feet.
- The mnoval of the existing shelters wiB not be made a part of this contract.
- Georgia Certified grasses, as well as Florida Certified grasses wlII be accepted.
- The square footage for the PU1TING GREEN is 8,120 (eight thousand one hllllllred
twenty square feet).
- The square foolage for the SHORT GAME AREAS GREEN is 4,425 (four thousand
four hundn:d twenty-five feet).
- Submittal of unit prices for the Savino & Miller landscaping materia1 is not required.
(See the Amended Bid Fonn)
U. The Planholden Ust and Sign-in Sheet are available, but must be requested in writing to the
Procurement Division at 30S.673.78S1.
III. Additional questions will not be answered, nor will subsequent Addendum(s) be issued.
IV Attachment: Amended Bid Fonn (Pages 112-115 of Bid Proposal)
Bidders are required to acknowledge this addendum on proposal page 122 "Acknowledgement of
Addenda", and sball submit a complete copy of this and !! addenda with their bid, or the bid may be
considered non-responsive.
CITY OF MlAMI BEACH
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Gus Lopez, CPPO
ProcW'ement Director
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03000. ITEMIZED PROPOSAL FORM
BID No. 59-00101
BID PROPOSAL FOR
Renovation of Bayshore Golf Course
(BID FORM)
The work to be performed under this Contract shall consist of fumishing all equipment
materials, supplies, and manufactured articles for fumishing all transportation and services,
including fuel, power, water and essential communications, and for the performance of all
labor, work, or other operations required for the fulfillment of the Contract in strict accordance
with the Contract Documents.
Note: Bid is on a lump sum basis. The itemized proposal fonn Is provides as an aid in
assembling the bid and as a means of establishing cost for additions and deletions.
!m4
Site Preoaratlon:
Mobilization
INSTALLED UNIT PRICE
ESTIMATED QUANTITY
TOTAL
Lump Sum (not to exceed 1-1/2% of total bid)
s
$
$
Layout and Staking Lump Sum
Erosion Control $
(Layout and Staking Plan)
LF
LF
Site Preparation Total $
Earthwork:
Topsoil $ Cy Cy $
Management
Excavation $ Cy Cy $
Artwork &
Contouring Lump Sum $
Laser Grading (T-) Lump Sum $
Earthwork Total $
Dralnaae:
Structure Type "A" $ LF LF S
Structure Type "B" S LF LF S
Structure Type "C" $ LF LF $
Headwall (Sand Cement)$ EA $
12" Plastic Pipe S LF LF $
15" Plastic Pipe $ LF LF S
18" Plastic Pipe $ LF LF S
24" Plastic Pipe $ EA EA $
24" Concrete Pipe $ EA EA S
BID NO: 59-00101 CITY OF MIAMI BEACH
DATE: 9/17101 (Ameaded 10/8/01) 111
ITEM INSTALL,P UNIT ~E E8nMATEQ.SlUANTITY TOTAL
-
Draln.a:
Clean Out S EA S S
24" Comlgated
Metal PIpe S EA EA S
12" Drain Inlet S EA EA S
18" Drain Inlet S EA EA S
Headwalls S EA EA S
DralN1g8 Totlll S
Green Construction:
Greens mix $ SF SF $
4" Gravel Layer $ SF SF $
4"Perf.PVC
(w/gravel backfill) $ IF IF S
4" Non-Perf. PVC $ IF IF $
Tracer Wire $ IF IF $
30 milliner $ IF IF $
Green Construction Totlll $
Bunker Construction:
Bunker Sand $ TN TN $
4" Perf. PVC
(w/gravel backfill) $ IF IF $
4" Non-Perf. PVC $ IF IF $
Bunker Construction Total $
Grasslna:
Note: All grassing to include clean up, fertlization & soil prep.
Round-Up
Applications $ EA 4 EA S
-
Greens $ SF SF $
Tees S SF SF S
Fairways $ AC AC $
Roughs . S AC AC $
Sod $ SY 90.000 SY S
Soil LUMP SUM 120.000.
Granlng Total $
BID NO: 59-00/01
DATE: 9/17/01 (A..e.ded 10l8I01)
CITY OF MIAMI BEACH
113
~
11m
IrrtaatIon:
System
Pump Station
Pump house Structure
Utility Connections
Lump SIn $
Lump SIn $
Lump &m ($30,000 allowllnce) $
Lump &m $
IrrIptIon T<<*I $
L8ndsc8D41:
Savino & Miller
LUMP SUM
LUMP SUM
Bennello & Ajamil - 50 %
L8ndSC8p8 TotlIl
Cart Paths:
Concrete Cart Path
Removal $
New 8' Wide $
New 12'Wlde $
Curbing (Grassing Plan) $
LF
LF
LF
LF
LF
LF
LF
LF
Cart PlIth TotlIl
Mlsc:ellaneous Items:
Demolition of Pipe
Storage Area
Relocation of Range
Lighting
Fountain
Chain Link Fence
Lake Uner
Lump Sum
Lump Sum
Lump Sum
$
$
LF
SF
LF
SF
Miscellaneous Items TotlIl
UNIT PRICE EXTENSION
~ QUANTITY
Horizontal Wells:
Horizontal Well,
Complete 8 EA $
Pump w/ Can for:
We/I #1 1 EA $
Well #2 1 EA $
Well #3 1 EA $
Well #4 1 EA $
Well #5 1 EA $
Wt1Il#6 1 EA $
Well #7 1 EA $
Well #6 1 EA $
Well #6 1 EA $
Above Ground Piping at Well
3" Check Valve 8 EA $
EA$
EA$
EA$
EA$
EA$
EA$
EA$
EA$
EA$
EA$
EA$
BID NO: 59..00/01
DATE: 9/17/01 (Amellded 10J8101)
CITY OF MIAMI BEACH
114
l!Z!&
$
$
$
$
$
$
$
$
$
$
$
$
$
$
TOTAL
$
$
$
$
$
$
$
$
$
$
$
Allow Ground PIpIng at Well
:r Gate VaIw
wi Handwhut 8 EA S EA S S
Air Release
Valve 8 EA S EA S S
Meter 8 EA S EA S S
3- Ductile IfO(I Pipe
wi Filling 8 EA S EA S S
Pipe SuppotIs 16 EA S EA S S
Concrete Slab 8 EA S EA S $
Main., Including Fitting.
S- SDR 21
Class 200 PVC 1940 LF $ $ $
6- SDR 21
Class 200 PVC 280 LF $ $ $
4" SDR 21
Class 200 PVC 3560 LF $ $ $
Valv..
S- Gate Valve
wf Box 2 EA $ $ $
6" Gate Valve
wf Box 1 EA $ $ $
4" Gate Valve
wI Box 9 EA $ $ $
Miscellaneous
Rip Rap 1 LS $ $ $
Horizontal Well Total $
TOTAL LUMP SUM
Written Amount
BID NO: 59-00/01
DATE: "l7IOl (Ameaded 1018101)
CITY OF MIAMI BEACH
115
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE. MIAMIIlEACH. flORIDA 331.
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PROCUlIEIIENT DM8IOlI
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INVITATION TO BID NO. 59-00/01
ADDENDUM NO.3
October 5, 2001
Renovadon of Bayshore Golf Course il amended as foUows:
I. The Bid Opening date is changed fiom October 8, 2001 to October 10, 2001 at 3:00 P.M.
II. The Planholden Ust and Sign-in Sheet are available, but must be RqUeSted in writing to the
Procurement Division at 305.673.7851.
m. Additional addendum will be issued on Monday October 8,2001
Inasmuch as this change does not materiaI1y affect the bid document, bidders are not required to
acknowledge this addendum to be deemed responsive.
CITY OF MIAMI BEACH
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Gus Lopez, CPPO
Procurement Dim:tor
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CITY OF MIAMI BEACH
1700 CONVENTION CENTER DIWE, MIAMI BEACH, FLORID'- 33131
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PROCUREMENT DMIION
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INVITATION TO BID NO. 59-00101
ADDENDUM NO.2
October If, 2001
,
Renovation of Saysbore Golf Coune is amended as follows:
I. The Sid Opening date is cbanged from October 5, 2001 to October 8, 2001 at 3:00 P.M.
Inasmuch as this change does not materially affect the bid document, proposers are not required to
acknowledge this addendum to be deemed responsive.
CITY OF MIAMI BEACH
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Gus Lopez, CPPO
Procurement Director
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CITY OF MIAMI BEACH
1700 CON\/ENTION CENTER DRI\IE. _lEACH. FLORIDA 331.
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INVITATION TO BID NO. RFP-59-e0101
ADDENDUM NO.1
October 2, 2801
Renovation of Bayshore Golf Couse iI amended as follows:
Add: Re; Section 00800 - General Conditions, Para. 33, Value EIlgI-mg, Page 82. "Assume
Value Engineering efforts wiD involve no IIIOft: than 3 meetings, 4 Ixus in duration each. The
ConIractor will be expected to participate in ic:IentifYing potential cost reduction items during these
meetings, and assigning a potential cost saving for each identified iIl:m. Cost assignment wiD occur
outside of the 3 value engineering meetings."
Add: Prospective Bidders may contact Ken Williams of Arthur ~ Fomst @
kwi1Iiams@ardnucom for elevations.
I. Tbe foUowlng are answen to questions submitted by prospective bidden of dIis bid.
Question: Are aU the lakes to be lined or only the iIrigation lake?
Answer: The only lake to be lined wiD be the iIrigation lake, which is located southeast of
hole three and northwest of hole five. ConIractors sbaU assume that ground water
will be encountered during the jn<llll1~rion of the lake liner. The lake 1iner is to be
insta1Ied, tested, and accepted in accordance with the manu&ctures
recommendaIions. Refer to Additional Specifications includt'1l in this ,4MPrv!.un
Question: Are the Practice Range lights to be relocated? Where? Details?
Answer: The practice range lighting is to be relocated and inslaUed at the back of the
proposed driving range tee.
Question: Are the existing shelters to be mnoved? Will they be repIac~d?
Answer: The existing sbelters will be taIIOVed.
Question: Is the concrete pad at the pnK:tice range to be replaced?
Answer: The conc:mc pad at the practice range will DOt be replaced.
Question: There are 210 days to complete the project. What does substantial completion
mean?
Answer: See Section 00200 - Definitions, Para. 1.26, Substantial Completion, Pg. 13, of
the Bid Documents.
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BId No. 59 It 81
..2
Quadon: 1bcre is wrious chain link tiooo(;i,,& CIl the * tbIt is it cIeIpIir. WiD 1bis faIce be
mnoved md tbcn Iq)1ac:cd?
ADIWft': The ... ~~'5 dIlIin link iIIcing wiD be IaDIMd The cD}' ..~ dIlIin link inl:e
to be built is almg the rigbt side ofbole five.
Question: Are there any utilities on site that need to be relocated or II1<IWd?
Answer: The contractor will not be required to relocate on-sile utilities.
Question: For the concrete catch basins Type A, B & C - please speci1Y a grate inlet si2J: and
type.
Answer: Sl1'UClUre Type A & B - USF 3220 Ring & 5660 GJate
Sl1'UClUre Type C - USF 10S Ring and Type P Cover
Pipe Culverts - Could be any of these materials:
-Reinforced Concrete
-Corrugated Steel
-Coougated Aluminum
-High Density Plastic Pipe
Question: Is there a detail on the starter sign? If not how do we bid it
Answer: Bid the slartcr sign as an individual hole sign.
Question: Is project level only for the new lake area or also on the existing lake area?
Answer: The scope of the work includes all lake work.
Question: Are Sign Face & Entry Walls included in contract or not L3.1, L32?
Answer: Yes
Question: Are horizontal wells included in contract or not HS-1 & HS-2
Answer: Yes
Question: Is ~ and InigaIioo along Alton Road / 0Iase Avenue OIl contract or rd!
Answer: Yes
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BId No. 59-80-01
Page 3
QuestIon: On page 34 of Section 02900 Bunkas &: Tees the specs say topsoil. On the
delaiIs fioo1 AJ1bur Hills it ........w. Tee Mix. Wbat is Tee Mix?
Answer: ~diug lEE MIX -The tile mix to be U9Cd wiD be NA11VE SAND. A special
soil mixIIB'e (LC. 8I=IS mix) wiD NOT be ~ for the tile surfaces.
Quesdon: The issue of stockpiling and Iqllar:ing lllp soil was tli.... ~ in the pre-bid ~
and is II1aIIimed repeatedly tIm.JgOOut the specificatiom including the hmker, tLle,
and green coostruction sections. Please address this issue in the addendmn
Answer: Re8aldillg Top Soil- Green Complexes, Tee Complexes, and Bunker Complexes
are to have the topsoillitliw<<i and stoc1cpi1ed. The ranaining area of the golf
course is not to be .b;...~
Quesdon: The waste hmker detail 00 sheet SD6a specified"sand mix" is this sand 37M abo?
Answer: The "waste bunker" sand is to be the same sand specified for the "regular"
bunkers.
Question: A chocker layer is shown in the green CODSlIUction detail on sheet SD6a the
specifications say that this layer may be required. If the s.e..JI'.L.. and gmvd 1:Iidge
willo a chocker layer still be required?
Answer: The CHOKER LAYER wiD not be required.
Quesdon: There is no line item in the golf COlIISe bid ",upuooal Conn fur Finish Grading.
Answer: Include finiohM grading in ei1be1' the grassing or shaping oost.
Quesdon: I ~ sheet L-2.0 gives qollmriMj for the 419 RrnmwlA onMirlg and band
planting, but 110 lIllils are given fur 1bese quantities. Ale 1bese lIllils square feet or
square yards.
Answer: The lII1i1s in the ~ scope for sod are in square feet.
Quesdon: The I """""'IJ'ing bid Conn slateS that 50"/0 of the laM.w:apias is to be bid in the
base bid Is this case with the Bemmda sod and band planting shown on the
1andscaping drawings or wiD 100"10 of the sod and band planting be in the base
bid?
Answer: The base bid fur ~ IDlISt include 100"10 of the grassing.
,..........h..... I
BId No. 59 II 81
Pap 4
QaestloD: Does die 90,00 SY cpnIity of 419 sod giwD ill the bid ~0pulIId iadude IlIil
JeqUimlIO ring the tees, pens, IIIlI buokas? lfoot should the sod requiral tbr
dac tees, gm:ns md bunkas be i..,.II1,WI ill the !iDe iIan tbr CXIIIlIlructioo of each.
This cpnIity is very close 10 the IpIIIIity stated ill the I............ drawing. Are
they ODe ill the same? PIeasc clarifY Ibis issue
Answer: The sod ~ lislM in ~ plant list fir su.--. ."e. MainIaumce Facility
md Stash Site are for areas within the 1imits as dcfill.,d and indic:ated on Sheet L-
1.1.
QuestiOD: lflallonn fiill UIIder section SUFL2016A in the hAnMI.Jt!bat was provided at the
pre-bid meeting, please confum that these rates are up-to-date since they are
dated 01/26/1990.
ADswer: Yes, these rates have not been cbauged since 01/26190.
QuestloD: Afta- grassing will we be able to band the boles over to the City on a hole by bole
basis?
Answer: The contractor shaI1 release no less than a block of at least th= holes at a time to
owner. The boles shaI1 be geographically related. The holes shaI1 be considered
complete when the grassing of greens, tees, fairways, roughs, native areas, etc.,
iD:1uding <nMing and mulching is complete.
QUestiOD: Are there two office trailers to be furnished on this project?
Answer: No, one trailer would suffice, it wou1d accommodate the specified furniture and
equipment.
QUestloD: When: do we pick-up the power for the pump station?
Aos1\'er: The "",tiu.ut information has been added to HorizonIal WeD Sheet 1 (Revised
dated 10-1-2001) under NOTE 6.
QUestloD: Does the noise ordinance effect WllIking hours on the weekend?
Answer: Work hours are restricted by the noise ordinance to 7:30am. to 6:30 pm.
7 days a week.
AA.feDd.... 1
Btd No. 594-tl
PapS
QueIdoa: How do we bid the value ~;.. D'<<lli<Jiled at the pHid?
ADswer: See Section 00800 - Geueral C'novtitinm;, Pam. 33, Value P11gin.~;..g, Page 82,
and this AMo.nmnn (#1) of the bid documeIIIs. Bidden sbaIl bid this project in
accordance with the bid documenIs (spccifications). The Value Engineering
CIauselCondition becomes etfective after contract award. This does not apply to
the submitlal(s) of..AlIb..... Bid(s)", or "Qualifying ofBid(s)", which may deem
submitla1 of said bid as non-respooslve.
Question: On page 28, Section 00500 of the Construction Contract Documents it refers to
section 00510, Ibis section is missing, what section does it refer to?
ADswer: Page 28 has a typographical error, the section is 00405.
Question: Is the Tee Module shown 11> be used for all Tee boxes? Will each Tee Module be
39'long?
Answer: Yes, the tee module will be used fur all tee boxes. Yes they are 39' long and they
are similar
Question: Are there any details on CODSlIUCtion of the wetJand area? Is the sand/cement rip-
rap to go around the wetland area? Will topsoil be required on the bottom of the
wetland? Ifso bow deep?
Answer: There is a detail for the wetland. Refer to detail "Structure Type A". Topsoil will
not be required at the bottom of the wetland area. The sand/cement will
encompass the wetland area.
Question:. Please provide a specified procedure fur the round-up applicalion, including IlIte
of application and the time infaval between applications. Also, please specity if
tilling and watering is ~ between appJication;.
Answer: Schedule fur Round-Uu ADD1ic:ation
I. The pI and ~ is 11> have 100% of the existing 1Iern1wLIgrass turf
tolalIy dead weII befi:R any gmssing of the new golf course ~
2. Apply Roundup Pro Herbicide on all of the berm.""'........... sudiK:es with
a ptupgfy caIibraII:d ~ at the WlI";....JII1 .....JiMMn 1lIte.n.-t on
the label. bv fo11owinlz all label direLtitwt
3. Repeat step number 2. fourm1- (14) days Iatrz after the 1st Rcu1dup Pro
Herbicide app1icalion.
Ad&m-I_... 1
BId No. 59 .. .1
rap 6
4. Fa1iIi2le III of tile t-nw......1R8S with /I....... ..ill... Nitrate at a IIIIe of
one- (1) aclual NJtr6SCn per 1,000 square em 10- days after tile 2nd
R"'''''''1Jl Pro Habicide application and wala' in bcaviIy to wash tile
fer1iIiza' plllicles inlo tbe soi1. This tertiIizer applicalion wiD make any of
tbe e><ioIi'l8 bennudagnss grow vigorousIy so that it can be killed with
future Ron....lp Pro Herbicide Applications.
S. Repeat step nmnber 2. fourteen- (14) days later after the 2nd Roundup
Pro Herbicide application.
6. Repeat Slep number 4. ten- (10) days after the 3rd Roundup Pro
Herbicide Applicatioo.
7. Repeat step number 2. (page 5) F~ (14) days later after the 3rd
Roundup Pro Herbicide application.
8. Any of tile ..mrit,g bennuda grass that re-emerges after the four- (4)
Roundup Pro Herbicide applications must be continued to be killed on a
weeklv basis throughout the entire construction process until the entire
new golf course is grassed - by using Roundup Pro Herbicide each
week at tile maximum Iabellllle, by following all label directions.
Question: Where do we tap to City wateI'? What size is the pipe and what size is the meter
that we are tying into?
Answer: City WatJ:r Connection
Contractor shall be required to ins1all a city water m:barge system for tile
irrigatimlake (Lake 10). The equipment to be inslalled includes:
. 900 LF 8" Class 200 PVC Pipe
. 1 EA - 8" Gate Valve
. I EA - Clayton Solenoid Control Valve 136 Series (6'')
. SOO LF Control Wire (From Pmnp Station to Control Valve
. A-C Lake Level Control
The soun:e for city water recharge sball be a (1' city water meter to be
provided by the owner.
AdditioDal A-C level comroIs shall be installed as needed for proper
sequencing of reoccurrenc.e wells and city water recharge.
~zV JIIIU I
Bid No. 594-81
'.7
D. (.1arIfI ~flta:
. ADowuce for die p........_ II $38,000.
. A CD bas been sem to ~oep..aive bidders which includes I"~ grades, existing grades,
and feaIure outlines. There is 110 sub water levellupOpGjlhy.
. TO ALL CONTRACTORS: Add LASER GRADING of tees lJIIder the EARTHWORK
section of the Itemized Proposal Form. The grassing cost of tees is 1IIIder the GRASSING
section of the Itemized Proposal Form.
. For pipe extending from the greens and tees refer to architecls drawings.
. The pipe connections to bunkers and greens do have cleanouls. Bid the pipe ~ and lengths
per the architect's drawings. In addition, \Andl_,. to what was diSClJSSl"! in the pre-bid, there
are pipes specified at 12". However if a pipe is not labeled or the label is illegible assmne the
pipe to be IS".
. The green Ioca1ed between bole seventeen and bole fifteen is a short game green with a square
footage of4,425 square feet. The putting green bas a square footage of8,120 square feet.
. The greens mix is specified to be an 8MO mix. The contractor may submit an alternative
mixtun:, but the mix must pass USGA specifications 1m tested by one the specified labs.
. Only Georgia Certified grasses will be accepted.
. For the purpose of bidding all lakes will be lowered/dredged/excavated to the depths shown
on plans, even if the surface area is not being expanded.
. The clean-out detail specified on sheet C-9 is the desired detail.
. Refer to the horizonIaI well drawings for specificatioos.
. Testing will be conducted with a test pwnp capable of producing the capacities described in
the specifications.
. Existing lakes may be de-watered into existing lakes. Point of notice - all of the lakes are
connected.
. Include a line item for soil amendments ofS20,OOO.
. Plan 4a (Revised) - A copy of this plan will be mailed to each pIanholder who pun:hased
plans from T-Square. A copy is available to any biddec but must be mp~ in writing to the
Procurement Division @ (305) 673-7851.
m. Attachments: - SECTION 02800 "GEOSYNTHEllC MEMBRANE LINER SYSTEM"
- SOIL BORINGS
- BID FORM (AMENDED 10102/01, PAGES 112-115>
- BID PROPOSAL PAGE 28 (AMENDED)
- PREVAILING WAGE RATES
Bid Documents:
- "LOBBYIST" DMSION 3, SEC. 1-481, ORD. NO. 91-1777
- "CONE OF SILENCE" ORDL NO. 99-3164
- "DEBARMENT" ORD. NO.10G0-3134
- "PROHIBITED CAMPAIGN CONTRIBUTIONS BY
VENDORS" SEC. 311-6, ORD.NO.20G0-3144
,A..... L.... 1
BId No. 59 It .1
papa
Add: Based (]II die isoo- dIIe aod infiwnuoIioo1 ",..:.-4 in this "MoM... (#1), sbou1d
pl.Apedivc bidders dtkawiue lhat an extension to die current Bid Opening Dale of Octoba- S,
200 1 @ 3:00 p.m. be required, ddI request mllSt be IlIbmItted In ...1Cb,. to die Pt....... -. ~
Divisloa @(305)673-7851, NLT ('no later than") 3:00 p.m. on October 3, 2001.
Bidders arc mjIIired to acknowledge this addendwn on proposal pagel22 "Acknowledgement of
Addenda", and sball submit a complete copy of this and !!! addenda with their bid, or die bid may be
considered non-responsive.
CITY OF MIAMI BEACH
/:~
l.
Gus Lopez, CPPO
Procurement Director
Je
SECT10N 02800
GEOSYNTHETIC MEMBRANE UNER SYSTEM
1 GENERAL.
A The work covered by this section includes fumishing all labor. materials, and
equipment required to fumish and install the geosynthetic membrane liner
system in the treated effluent holding pond as shown on the drawings and/or
specified herein. The liner system shall consist of a well prepared (compacted)
subgrade free of rocks overlaid by a minimum six inch protective layer of
screened fill material free of rocks. sticks, and debris screened to % inch size
and compacted to 95 percent standard proctor density. An BO-lTdl high density
polyethylene (HOPE) geomembrane liner shall then be installed.
1.2 SUBMmALS
The Contractor shall provide the Engineer with written evidence in the form of
laboratory test results that the geosynthetic liner meets or exceeds the requirements
of the specifications herein.
1.3 SYSTEM SUPPLIER
The geosynthetic membrane liner system shall be manufactured. fumished and
installed by National Seal Company (NSC) or SL T North America.
1.4 WARRANTIES AND BONDS
A. The Contractor shall provide a warranty against defective or deficient materials
and workmanship in accordance with the requirements of the section entitlad
"Warranties and Bonds" of these specifications.
B. The liner manufacturer and installer shall provide a warranty against defective or
deficient workmanship and materials under normal use. operation and service.
The warranty shall end three (3) years from completion of the project. The
warranty shall be in printed form.
2 PRODUCTS
2.1 HOPE GEOMEMBRANE UNER
A The high density polyethylene (HOPE) geomembrane liner shaD be made from
polyethylene resins with a melt index of 0.1-1.19110 min. as per ASTM 0-1238
and a minimum specific gravity of 0.93 as determined by ASTM 0792 Method A
or ASTM 01505. The linar shall contain a maximum of 1 % by weight of any
additives, fillers. or extenders other than carbon black which shall comprise 2%
JSlGA0629OO11Q.02~1
02800 . 1
~tIc Membrane Liner
System
to 3% ofthewelghtfor\dbCil.1olet1ght ulIl1Bnoe 81 perASTM 04218. The Rner
shaD have an ebsoIute rnirlirrun thlckulI of 80 mil.
B. It sh8II have no striations, roughnea. pln.'lOI8I or bubbles on the surface end
shan be produced 80 88 to be free of holes, blisters, undlspersed raw meteri81s.
or any sign of contamination by foI'eIgn II18t1er. In edditlon the liner rolls shen
meet the following specIficetlon:
JS/GA062900l1ll-02'()1
02800 . 2
GeosynIhetic Membrane Liner
SY8lem
Ii
'I
II
Geomembnlne Properties
"ap..., Qu - UllI ". - .. TellMaIlWld
v-.
MecllanIcal "ap .....
1. Tensile Properties (each dIreclion)
a. Stress at Yield Minimum lb./il. 176 ASTM D638
b. Stress at Break Minimum lb.',". 30.. ASTM D638
c, Elongation at Yield Minimum P8ICent 13 ASTM D638
d. Elongation at Break Minimum P8ICent 700 ASTM D638
e. Modulus of Elasticity Minimum ksi BO ASTM D638
2. Tear Resistance Minimum lb. 59.2 ASTM 01 QO.4 Die C
3. Puncture Resistance Minimum lb. 10.. FTMS 101 B/2065
Inftonmenlal PnIp .....
1 . low Temperature Maximum OF -<10 ASTM 07..6 Procedure B
2. Carbon Black Dispersion N/A N/A CAT! ASTM 05596
3. Dimensional Stabnity (each Maximum P8ICent 1 ASTM 01204212.oF. 15
direction) Change min.
... Resistance to SoB Burial ASTM D3083 (as
modified in NSF
Appendix A)
a. Tensile Strength at Yield Maximum P8ICent 10
Change
b. Tensile Strength at Break Maximum Percent 10
Change
c. Elongation at Yield Maximum P8ICent 10
Change
d. Elongation at Breok Maximum Percent 10
Change
e. Modulus of Elosticity Maximum Percent 10
Change
5. Environmental Stress Crock Minimum Hours 1.500 ASTM 01693 (os
modified in NSF
Appendb, A condition C
at 100 "C)
Seam Properties
1. Gouge Minimum Mils BO
2. Shear Strength' (at yield point) MInimum lb./in 160 ASTM O<<37NSF
Width Modified
1 Also caI1ed "Bonded Seam Stnlnglh."
JSlGA06290011().()2.Q1
02800 - 3
Geosynthetic Membrane Liner
System
Pr.,1 ~
...
FrB2
and
Ib/ln
width
In addition, no rec:I8Imed polymer rney be added \0 the polyethylene resin cUIng
the manufacture of the actual Bner to be used in this project. The resin product
shaH also be tested for oxidation induction time per ASTM 0-3895.
.-
". - II
v-.
104
,..11111[-. ,
3. Peel Adhesion
MInImum
ASTM 040437NSF
ModfIed
c.
O. The origin and identification of the polyethylene resin including the resin
supplief's name, resin production plant, brand name and number shall be
provided. A copy of the Quality Control CertlliaItes issued by the resin supplier,
production dates of the resin, and reports on the tests conducted to verify the
quality of the resin used to manufacture the liner rolls shall be provided. Quality
Control Certificates documenting the liner roll production are required.
E. Conformance samples of one per lot or one per 100,000 fl2 of liner shipped to
the site, whichever is less, shall be sampled and tested by an independent
testing lab in accordance with density (ASTM 0-1505), thickness (ASTM
0-5199), tensila strength (ASTM D-638), and carbon black (ASTM 0-1603 or
ASTM D-4218).
F. Copies of all required written documentation and test results shall be given to
the Engineer for their approval and for their permanent records.
G. Liner rolls shipped to the site shall be labeled individually. The labels shall
identify:
1. Thickness of the material.
2. Length and width of the roll.
3. Manufacturer.
4. Directions to unroll the material.
5. Product ide. ,1IficatIon.
6. Lot number.
7. Roll number.
H. During shipment and storage, the Iner shaH be protected from excessive heat or
cold, puncture, cutting, or other damaging or deleterious conditions.
2F'1Im T_ Bonc!.
JSlGA0829OO11C1-Q2.o1
02800 -..
GeosynlhetIc Membrane Liner
SyIIem
ii
3 INSTALLATION
3.1 SUBGRADE
The subgrade she. be fnle of rocks, lIIIck8, end debrIlI and tIneIy graded prior to
illstallng the ....AD..IMlI8yw. The subgr8de sh8II be appIo_ by the engineer before
installation of the protecIive iayer begins.
3.2 PROTECTIVE LAYER
The protective layer shaH be 6 inches minimum of fill material free of rocks, sticks,
debris, and any other material that may puncture the synthetic Hner. All materials in
this protective layer shall be screened to ~ inch size or less. The protective layer
shall be compacted to 95 percent Standard Proctor density.
3.3 HOPE LiNER LAYOUT
A The HOPE Hner instaRer shaH certify in writing that the surface on which the liner
will be installed Is acceptable. This certification of acceptance shall be given by
the installer to the Engineer prior to commencement of liner installation in the
area under consideration.
B. A field panel is the unit area of liner which Is to be seamed in the field, Le., a
field panel is a roll or a fadory panel or a portion of roll or factory panel cut in the
field. Two cases can be considered:
1. If the liner Is fabricated into panels in a factory, a field panel Is a factory
panel or a portion of factory panel cut in the field.
2. If the liner Is not fabricated into factory panels, a field panel is a roil or a
portion of roil cut in the field.
C. Each field panel must be given an "Identification code" (number or letter-
number) consistent with the layout plan prepared by the supplier.
O. Field panels shall be installed as close as possible to the IoGation and positions
indicated in the layout drawings, as approved or modified. Instructions on the
boxes or wrapping containing the liner materials shall be followed to assure that
the roils and/or factory panels are unroilad and/or unfolded in the proper
direction for seaming.
E. Field panels may be installed using anyone of the foIowing schedules:
1. Severai field panels are placed prior to field seaming and seamed the
same day as placement (in order to protect the subgrade from erosion by
rain).
2. Field panels are placed one at a time and each field panel is seamed
immediately after its placement (in order to minimize the number of
unseamed field panels exposed to wind).
JSlGA0629OOI1G-02.o1
02800 . 5
G~nthetiG Membnlne Liner
~
I
3. Any combIn8IIan d the 8bcM.
F. Lm. placement Ih8II not be done during My prec:lpII8l1o... during periods d
extellded SUbf,~ternperaIunIa, In the pUBlnee duuulve moisture (e.g..
fog, clew). In an area d pOllded ....... or In the preunee rl excessive winds.
The insIaIIer .....1 ensure that:
1. No equipment used sh8II damage the liner by handing. trafIlcking.
leakage of hydrocarbons and other means.
2. No personnel working on the liner shall smoke. __ damaging shoes, or
engage in other activities which could damage the liner.
3. The method used to unroll the panels shall not cause scratches or aimps
in the liner and shall not damage the clay subbase.
4. The prepared surface underlying the liner shall not be allowed to
deteriorate after acceptance. and shall remain acceptable up to the time of
Bner placement
5. The method used to place the panels shall minimize wrinkles (especially
differential wrinkles between adjacent panels).
6. Adequate temporary loading and/or anchoring (e.g., sand bags, tires), not
likely to damage the geomembrane, is placed to prevent uplift by wind (in
case of high winds, continuous loading is recommended slang edges of
panels to minimize risk of wind flow under the panels); and,
7. Direct contact with the liner is minimized; i.e., the liner in excessively high
trafIlc areas is protected by geotextiles, extra liner, or other suitable
materials approved by the Geosynthetic Quality Assurance Consultant
3.4 SEAMING OF HOPE LINER
A Seaming of HOPE liner shall be done by qualified technicians in accordance
with the supplier's layout drawings. In general, seams shall be oriented parallel
to the line of maximum slope. i.e.. oriented along, not aaoss, the slope. In
comers and odd-shapecl geometric locations, the number of field seams shaH be
miMnized. No horizontal seam shaft be less than 5 feet from the toe of the
slope. No seams shall be Iocatec:I in areas of potential stress concentrations.
B. Approved processes for field semning are extrusion ~ and fusiof:1 wekflllQ.
C. The panels of HOPE &ner shal be overlapped a minimum of 3 inches for
extrusion welding and 5 inches ftlr fusion v.eldillQ. Prior 10 seaming, the seam
area shall be clean and free of moisture, dust, dirt, debris of any kind, and
foreign matarial. If seam overlap grinding is required, the process shall be
completed according to the manufacturer's inslnlctions within one hour of the
seaming operation and in a way that does not damage the mer. Seams shaI be
aligned with the fewest possible number of wrinkles and "lishmouths..
JSlGA0829OO11Q..02.Q1
02800 . 8
~ Membrane Liner
~
D. No 111IrnII1g lIheII be ~ lit arnbIenI fIImpel8lunll below 4O"F or abcMt
104"F. /II. anlblent _!pet... between 4O"F and 5O"F. 11..i'llllhell be
8IIowed If the .,.. p1ehlllted by eIIher 1UI or hat air device, and if there Is no
ex<: mtle ClCIOIIIIg from wind. AI. ambient I8mperatures above 5O"F, no
pnIh......'lIIlIhaII be requinId. In aU cases, the liner llhaI be dry and p1cteded
from wind damage.
E. The extrusion weldllg apparatus shan be equipped with Ill" IgIS giving the
temperature in the apparatus and at the nozzle. Equipment used for seaming
shall not damage the Hner, and the Hner shall be especialy ptotec;ted from
damage in heavily trafficked areas.
F. The extruder shall be purged prior to beginning a seam until all heat-degraded
extradite has been removed from the barrel. Whenever the extruder is stopped,
the barrel shall be purged of all heat degraded extradite. The electric generator
shall be placed on a smoolh base such that no damage occurs to the liner.
Similarly, a smooth insulating plate or fabric shall be placed beneath the hot
welding apparatus after usage.
G. The fusion-welding apparatus must be an automated device. The fusion-
welding apparatus shall be equipped with gauges giving applicable
temperatures and pressures.
H. For cross seams association with fusion welding, the edge of the cross seams
shall have a smooth indine (top and bottom) prior to welding. The electric
generator shall be placed on a smooth base such that no damage occurs to the
liner. Similarly, a smooth insulating plate or fabric shall be placed beneath the
hot welding apparatus after usage. A movable protective layer may be used
directly below each overlap of liner that is to be seamed to prevent buildup of
moisture between the sheets.
I. The general seaming procedure used by the installer shall be as follows:
1. For fusion welding, a movable protective layer of plastic may be placed
directly below each overlap of liner that is to be seamed. This is to
prevent any moisture build-up between the sheets to be welded.
2. Seaming shall extend to the outside edge of panels to be placed in the
anchor trench.
3. If required, a firm substrate shan be provided by using a flat board. a
conveyor belt, or similar hard surface directly under the seam overlap to
achieve proper support.
4. If seaming opelalions are carried out at night. adequate ilumination shall
be provided.
5. Fishmouths or wrinkles at the seam 0V8fIaps shall be cut along the ridge
of the wrinkle in order to achieve a /lat overlap. The cut fishmouths or
wrinkles shall be seamed and any portion where the over1ap is inadequate
JSlGA082900I10.02~1
02800 . 7
o-ynthetie Membrane u...
s~
shaH then be pelched wllhln ... CMII or round petd1 d the IMI8Iner
extending a minimum d 8 Inche8 beyond the cut In aI (1,.........
,
3.5 SAMPUNG AND TESTING OF HOPE UNER INSTAllATION
A Trial Seams
1. Trial seams shan be made on fragment pieces d liner to verify that
seaming conditions are adequate. Such trial seams shan be made at the
beginning of each seaming period, and at least once each four hours, for
each seaming apparatus used that day. Also, each seamer shall make at
least one trial seam each clay. Trial seams shan be made under the same
conditions as actual seams.
2. The trial seam sample shan be at least 3 feet long by 1 foot wide (after
seaming) with the seam centered lengthwise. Seam overlap shan be as
indicated previously.
3. Two adjoining specimens each 1.0 in. wide shan be cut from the trial seam
sample by the installer. The specimens shan be tested respectively in
shear and peel using a lIeld tensiometer, and shall not fail in the seam. If
a specimen fails, the entire operation shan be repeated. If the additional
specimen fails, the seaming apparatus or seamer shan not be accepted
and shan not be used for seaming until the deficiencies are corrected and
two consecutive successful trial welds are achieved.
B. Non-destructive Seam Continuity Testing
1. The instaner shan nondestructively test all field seams over their fun length
using a vacuum test unit for extrusion welding or air pressure for double
fusion seams only. Continuity testing shall be carried out as the seaming
work progresses, not at the completion of all field seaming. Vacuum
testing of double fusion welds win not be acceptable.
2. The following procedures shan apply to locations where seams cannot be
nondestructively tested:
a. All such seams shall be cap-stripped with the same liner.
b. If the seam is accessible to testing equipment prior to lInal
installation, the seam shaH be nondestructively tested prior to lInal
installation.
c. If the seam cannot be tested prior to final installation, the seaming
and cap-stripping operations shaH be observed by the instaDer for
uniformity and completeness.
d. Vacuum Testing for Extrusion Wekflng Only
The equipment shaI! be comprised of the following:
JSJGA0629OO110-02.o1
02800 . 8
~tic Membrane Liner
System
1) A vecuum box uumbly coml UIIQ of a rigid houIIng, a
.........It vIeMng window, alOft neopreIlell 11. attached
to the bottom. port hole or Y8Ive ~ 118mbly, end a vacuum
gauge.
2) A.... V8CUl.m IIInk and pump 81 1 ImbIy eqlipped with a
pi' III LJAt co. ,boler and pipe connections.
3) A rubber pressurelYacuum hose with fittings and connections.
4) A bucket and wide paint brush.
5) A soapy solution.
e. The following procedures shall be followed:
1) Energize the vacuum pump and reduce the tank pressure to
approximately 10 in of mercury, i.e., 5 psi gauge.
2) Wet a strip of liner approximately 12 inches by 48 inches with
the soapy solution.
3) Place the box over the wetted area.
4) Close the bleed valve and open the vacuum valve.
5) Ensure that a leak tight seal is created.
6) For a period of not less than 30 seconds. examine the liner
through the viewing window for the presence of soap bubbles.
7) If no bubble appears after 30 seconds. close the vacuum valve
and open the bleed valve. move the box over the next
adjoining area with a minimum 3 in. overlap. and repeat the
process.
8) All areas where soap bubbles appear shan be marked and
repaired es specified.
f. Air Pressure Testing for Double Fusion Seam Only
The following procedures are applicable to those processes which
produce a double seam with an endosed space.
The equipment shall be comprised of the following:
1) An air pump (manual or motor driven) equipped with a
pressure gauge cepable of generating and sustaining a
pressure between 25 and 30 psi and mounted on a cushion to
protect the &ner.
JSlGA0629OO11G-02.o1
02800 - 9
Geosynlhetk; Membrane Liner
Syslem
2) A rubber hoee wilt tIlIInga IfId 0Cll1illldlol..
3) A Ih8rp hoIow nl 1 lie, or oIher &ppIUYlld p1111"A f8ed
device.
g. The following p1ooed1n1l1ha1 be foIoMld:
1) Seal boIh ends of the seam to be tested.
2) Insert needle or other approved pressure feed device into the
tunnel created by the fusion weIcI.
3) Insert a ploteG1ive cushion between the air pump and the liner.
4) Energize the air pump to a pressure between 25 and 30 psi.
close valve. and allow 2 minutes for stabilization then sustain
pressure for approximately 5 minutes.
5) If loss of pressure exceeds 2 psi or 10 rom mercury or does
not stabilize. locate faulty area and repair as specified.
6) Remove needle or other approved pressure feed device and
seal.
3.6 DEFECTS AND REPAIRS
A All seams and non-seam areas of the liner will be examined by the Engineer for
identification of defects. holes. blisters. undispersed raw materials and any sign
of oontamination by foreign matter. The surface of the liner shall be clean at the
time of examination. The liner surface shall be broomed or washed by the
installer if the amount of dust or mud inhibits examination. The installer shall
ensure that this examination of the liner precedes any seaming of that section.
B. Each suspect location both in seam and non-seam areas shall be
nondestructively tested using the methods described previously as appropriate.
Each location which fails the nondestructive testing shall be marked by the
Engineer and repaired by the installer.
C. Any portion of the Hner exhibiting a 1Iaw. or failing or nondesIructive test. shall be
repaired by the installer. Several procedures may be aoceptabIe for the repair
of these areas. The final decision as to the appropriate repair procedure shall
be agreed upon between the Engineer. and the installer. The altemative
pnx:edures include:
1. Patching, used to repair large holes. tears. undispersed raw materials. and
contamination by foreign matter.
2. Grinding and rewekfmg. used to repair small sections of extruded seams.
3. Capping, used to repair large lengths of failed seams.
JSlGA0629OO110-02-01
02800 .10
GeosynlhelIc Membr8ne Uner
System
4. RemovIng bed .... end ..pedI1g wilt allrfp d new m:l.lilIfiII welded Into
pI8ce (UI8d wilt ... let IQItlI d fusion 18llI'IlI).
D. In addIIIon. the foIowilg provisions shaH be 18IIslIecI:
1. Surface& d the IMr which .. to be repaired 8h8I be abl8ded no more
than one hour prior to the repair.
2. All surfaces must be clean and dry at tha time of the repair.
3. All seaming equipment used in repairing procadures must be approved.
4. The repair procedIns, materials, and techniques shaH be approved In
advance of the spec;ific repair by the Engineer and installer.
5. Patches or caps shall extended at least 6 inches beyond the edge of the
defect, and all comers of patches shel be rounded with a radius of at least
3 Inches.
6. The liner below large caps should be appropriately cut to avoid water or
gas collection between the two sheets.
E. When seaming of the rmer is completed and prior to placing overlying materials,
the Engineer shall identify all excessive liner wrinkles appearing first thing In the
moming when the liner is in a fully contracted condition. The Installer shall cut
and reseam all wrinkles so identified. The seam thus produced shall be tested
like any other seam.
3. 7 CERTIFICATION
A manufacturer's representative that is qualilled in the installation of HOPE liners shall
fully inspect and certify the liner installation. Written certlficetion shall be provided that
states the liner is installed properly, meets all requirements of the plans and
specifications, and will be warranted as required by the specifications.
- END OF SECTION -
JSlGA062900/1ll-02-01
02800 -11
~1"fhetic; Membrane liner
$yalem
~. > ,: ""
03000.
BID No. . 0lI01
BID PROPOlW.. FOR
Renovation of Bayshore Golf Course
(BID FORM)
The work to be performed under this Contract shall consist of furnishing all equipment
materials, supplies, and manufactured articles for furnishing all transportation and services,
including fuel, power, water and essential communications, and for the performance of aI
labor, work, or other operations required for the fulfillment of the Contract in strict accordance
with the Contract Documents.
Note: Bid is on a lump sum basis. The itemized proposal form is provides as an aid in
assembling the bid and as a means of establishing cost for additions and deletions. .
Im\
~ P...ratIon:
Mobilization
INSTALLliD UNIT PRICE
EsnMATED QUANTITY
TOTAL
Lump Sum (not to exceed 1-1/2% of total bid)
s
Layout and Staking Lump Sum
Erosion Control $
(Le,out _ ~ Plan)
LF
LF
$
$
Site Preparation Total $
Earthwork:
Topsoil $ Cy Cy $
Management
Excavation $ Cy Cy $
ArtworX &
Contouring Lump Sum $
Laser Grading (Tees) Lump Sum $
E8rthwork Total $
Dralnaae:
Structwe Type "A" $ LF LF $
Structure Type "B" $ LF LF $
Structure Type "C" $ LF LF $
Headwall (Sand Cement)$ EA $
15. Plastic Pipe $ LF LF $
18" Plastic Pipe $ LF LF $
24" Plastic Pipe $ EA EA $
24" Concrete Pipe $ EA EA $
BID NO: 59-00"1 CITY OF MIAMI BEACH
DATE: '/17/01 (A_oded Itnlel) 111
!III!
RrIIDI8i
24" Cc:lrrug8I8d
MeI8I PIpe
1Z' 0rlIIn Inlet
18" Drain Inlet
HeadwaIs
~
mr&
s
s
s
s
EA
EA
EA
EA
EA S
EA S
EA S
EA S
Dl'8lnage Total S
9....n Conatructlon:
Greens mix $ SF SF $
4" Gravel Layer $ SF SF $
4" Perf. PVC
(w/gravel backfill) S LF LF $
4" Non-Perf. PVC $ LF LF $
Tracer Wire $ LF LF $
30 mil Uner $ LF LF $
G....n Construction Total $
Bunker Conatrvctlon:
Bunker Sand $ TN TN $
4" Perf. PVC
(w/gravel backfill) $ LF LF $
4" Non-Perf. PVC $ LF LF $
Bunker Construction lobll $
G.....lna:
Note: All grassing to include clean up, fertilization & soil prep.
Round-Up
Applications $ EA 4 EA $
-
Greens $ SF SF $
Tees S SF SF $
Fairways $ AC AC S
Roughs S AC AC $
Sod S SY 90.000 SY $
Soil LUMP SUM yo.GOO.
G......ng Total
BID NO: ~I
DATE: 9117/01 (A........ 1111111)
CITY OF MIAMI BEACH
113
mil ~ mr&
J!!IIItI2a:
SysIIm Lump &m $
Pump St8tIon Lump &m ($30.. .now.nc.) $
Pump house Struc:tan Lump &m .J I,....-' $
Utility ConnecIIons Lump &m $
Irrlptlo.1 TobIl $
Cart PlttJa:
Concrete Cart Path
Removal $ LF LF $
New 8' Wide $ LF LF $
New 12' Wide $ LF LF $
Curbing {GtauIng Plan} $ LF LF $
Cart PIth TotIl $
MlaceHaneoua Items:
Demolition of Pipe
Storage Area Lump Sum $
ReIoc:ation of Range
Lighting Lump Sum $
Fountain Lump Sum $
Chain Link Fence $ LF LF $
Lake Liner $ SF SF $
Mlacellaneoualtema Total $
.tmt -.aUANTlTY UNIT PRICE EXTENSION TOTAL
Horizontal Wells:
Horizontal Well,
Complete 8 EA $ EA $ $
Pump wi Can for:
Well #1 1 EA $ . EA $ $
Well #2 1 EA $ EA$ $
Well #3 1 EA $ EA$ $
Well #4 1 EA $ EA$ $
Well #5 1 EA $ EA_$ $,
Well #6 1 EA $ EA$ $
Well #7 1 EA $ EA$ $
Well #6 1 EA $ EA$ $
Well #6 1 EA $ EA$ $
Above Ground PIping. Well
3' Check Valve 8 EA$ EA$ $
BID NO: 59-08101
DATE: 9/17/01 (A8ead'" ItIZIll)
CITY OF MIAMI BEACH
114
Allow Ground Plr II'. at Well
3" Gate V..
wi Hal.."u' 8 EA $ EA $ $
Air ReIN..
Vallie 8 EA $ EA $ $
Meter 8 EA $ EA $ $
3" DuctIle IfOII ".
wi FillIng 8 EA $ EA $ $
". Suppotts 18 EA $ EA $ $
Concrete Slab 8 EA $ EA $ S
Mains. Including Fltilngs
8" SDR 21
Class 200 PVC 1940 LF S S $
6" SDR 21
Class 200 PVC 280 . LFS $ S
4" SDR 21
Class 200 PVC 3560 LF S $ $
Valve.
S" Gate Valve
wi Box 2 EA $ $ $
6" Gate Valve
wi Box 1 EA $ S $
4" Gate Valve
wi Box 9 EA $ $ $
MIsc:ellaneous
Rip Rap 1 LS $ $ $
Horizontal Well Total $
TOTAL LUMP SUM
Written Amount
BID NO: 59-410101
DATE: 9/17/01 (A_alled ItI2IIl)
CITY OF MIAMI BEACH
115
00500.
THIS COMPLETED FORM SHOULD BE SUBlllTTED WITH THE liD,
HOWEVER, AMY ADDmONAL INFORIIATlON NOT INCLUDED IN THE
SUBMITTED FORM AS DETERMINED IN THE SOLE DISCRETION OF
THE CITY, SHALL BE SUBMITTED WITHIN SEVEN (7) CALENDAR DAYS
OF THE CITY'S REQUEST.
Q!,IESTIQNNAIRE
The undersigned authorized representative of the Bidder certifies the truth and accuracy
of all statements and the answers contained herein.
1. How many years has your orgatization been in business while possessing one of
the licenses. certifications, or registrations specified in Section 00405?
LicenselCertification/Registration
# Years
1A. What business are you in?
2. What is the last project of this nature that you have completed?
3. Have you ever failed to complete any work awarded to you? If so, where and
why?
3A. Give owner names, addresses and telephone numbers, and surety and project
names, for all prQjects for which you have performed work, where your surety
has intervened to assist in completion of the project, whether or not a claim was
made.
BID NO: 59-00101
DATE: 9/17101 (A....... llIVel)
CITY OF MIAMI BEACH
18
WAlS n-._ RecrievaI
PI;
..
GBRBRAL DECISION rLOl0032 09/07/2001 PL32
Date: September 7, 2001
General Decision Huaber ~010032
Superseded General Decision NO. PL000032
State: Florida
Construction Type:
HEAVY
County(ies) :
BROWARD
COLLIER
DADE
LEE
MARTIN
PALM BEACH
ST LUCIE
HEAVY CONSTRUCTION PROJECTS (Excluding Sewer r. Water Lines)
Modification Number
o
1
2
3
4
5
Publication Date
03/02/2001
03/16/2001
OS/25/2001
06/01/2001
07/06/2001
09/07/2001
COUNTY (ies) :
BROWARD
COLLIER
DADE
LEE
MARTIN
PALM BEACH
ST LUCIE
CARP1026D 02/01/1998
PILEDRIVERMEN
Rates
17.75
Fringes
3.85
ELEC0323C 09/05/1993
Rates
MARTIN, PALM BEACH, AND ST LUCIE COUNTIES
Fringes
ELECTRICIANS
15.88
21. 5'
. ELEC0349B 09/01/2001
Rates
Fringes
DADE COUNTY
ELECTRICIANS:
Electrical contracts including
materials that are less than
$2,000,000
20.50
3.10+U
Electrical contracts including
materials that are $2,000,000
and over
22.96
3.10+U
ELEC0728A 09/01/2000
Rates
Pringes
http://frwebgate.access.gpo.gov/cgi-binlgetdoc.cgi?dbname=Davis-Bacon&docid=FL0100: 1010212001
W AlS J)nco- ReIrievaI
"2of4
BROWlUUl llRD COLLIa CuulrnBS
BLBCTRICIAIIS
22.96
3t+S.U
BLBC091SB 12/01/2000
LBB cotlIlTY
Rat..
Fringe.
BLBCTRICIANS
20.09
27t+.25
ENGI0487B 04/01/2001
DADE COUNTY
Rates
Fringe.
POWER EQUIPMENT OPERATORS:
Backhoe., Bulldozers
Cranes
17.95
21.38
3.40
3.40
Oilers
15.80
3.40
ENGI0487C 07/01/2001
Rates Fringes
BROWARD, COLLIER, LEE, MARTIN, PALM BEACH, AND ST LUCIE COUJITIES
POWER EQUIPMENT OPERATRORS:
All Tower Cranes and all
Cranes with boom length
150 ft and over
21.64
5.50
Cranes with boom length less
than 150 ft, Backhoes, and
Bulldozers
20.92
5.50
Oilers
17.69
5.50
PLUM0630A 07/01/2001
Rates
LEE, MARTIN, PALM BEACH, AND ST LUCIE COUNTIES
Pringes
PIPEFITTERS
25.56
5.66
PLUM0725B 01/16/2001
Rates
Fringes
BROWARD AND DADE COUJITIES
PIPEFI'l"l'ERS
23.10
5.90
SUFL2016A 01/26/1990
CARPENTERS
Rates
12.71
Fringes
2.71
CEMENT MASONS
10.50
LABORERS
5.72
POWER EQUIPMENT OPERATORS:
Loaders
11.25
2.55
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"30f4
----------------------------------------------------------------
lIBLDBRS - Receive rate prescribed for craft perforlUng operation
to which welding 18 incidental.
---.............................................................
UDlisted classificationa needed for work DOt included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29 CPR 5.5(a) (1) Iv)).
In the listing above, the .SU. designation means that rates
listed under that identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
. an existing published wage determination
. a survey underlying a wage determination
. a Wage and Hour Division letter setting forth a
position on a wage determination matter
. a conformance (additional classification and rate)
ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the Branch
of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Div18ion
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CPR Part 1.8 and 29 CPR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage payment
data, project description, area practice material, etc.) that the
requestor considers relevant to the i.sue.
3.) If the decision of the Administrator is not favorable, an
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intere.teeS party _y appeal directly to the AdII1n1etraUve Review
Board (formerly the wage Appeal. Board). Write to:
Adain1etrative Review Board
lJ. S. Depart....t of Labor
200 COll8titution Avenue, If. ..
.a.hington. D. C. 20210
4.) All dec1eion. by the AdIa1n1etrati ve Review Board are final.
BIfD OF GIlIfBRAL DBCISIOIf
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=FL01oo32 10/02/2001
DIVISION 3. LOBBYISTS
See. 2....1. DefbdtIou.
The fullowiDg words, ImDS aad phrases, wIm 1IlIed in 1bis cIivisioa, Ib8Il haw die .........~~ asaibed to
than in this secIion, except wb= die <>..od~.l clearly indi. ...- a diftb...l mh..:'1S
Advisory pmoonel means die members of those city boards aad agenties whose sole or primmy
mlpOIISIbiIity is to R>>.....~1fj 1egisIation or give advice to die Citycommissioncrs.
Autonomous personnel includes but is not limitl:d to die n.....ot.em ofdle housing auduity, personnel boaRI,
pension boards, and such other autonomous or semi-autonomous aulhorities, boards and agencies as an:
entrusted with die day-to-day policy setting. operation and IIIlIIIlIgeIlIC of cerlain defint:d fimclions or areas
of mlpOIISIbility.
Cornmissioom means die IIIIl)'OI' aad IlleI1lbelS ofdle City COIJImi~
~1l..,,,.tJ personnel means die City 1IIlIII8ga-, aD ....,;- City ~ aD dr.pa.llu.aJl beads, 1be City
attorney, chief deputy City attorney and aD assistant City atlotaeys; however, aD dt."",cw..uIlll personnel
when acting in connection with adminislIative hearings sba11 not be included fur JllIIllOS('S of this division.
Lobbyist means aD persons employed or retained, whether paid or not, by a I"iu..ipal who seeks to
encourage the passage, defeat or modification of any ordinance, resolution, action or decision of any
commissioner; any action, decision, recommendation of any City board or committee; or any action,
decision or n>>.,.., "'" dation of any personnel defined in any maImer in this sectioo, c:h..wing 1be time period
of the entire decision-mAkir1g process on such action, decision or rel'...... ~ tbat K,.....,.,.,..mly will be
heard or reviewed by 1be City oommi...;on, or a City board or committee. The 1I:rm specifically includes
the principal as well as any agent, attorney, officer or employee of a principal, reganIless of whether such
10bbying activities fitll wilbin 1be IIOI1JIlI! scope of employment of such agent, attmley, oflicec or employee.
Quasi-judicial pasoonel means die memheq of the plannit1g boaRI, 1be board of adjll-....nt and such o1ber
boards aad agax:ies of the City that "",fUlw such quasi-judicial1inninn.'l The ..,;.........11..... "...1 boaRI,
special master hearings and administrative hearings sba11 not be included fur JIlIIIlOSeS of this division.
(Ord. No. 92-2777, ~ 1,2,3-4-92; Ord. No. 92-2785, ~ 1,2,6-17-92)
Cross refem1ce(s)--l)P.finitinn.c gaaal1y, f 1-2.
Sec. 2-482. ~atiuu.
(a) All \obbyisIs sbaD, befure ~ in any \obbyiDg activities, registI::c with 1be City clerk. Every
person ~ to ~ sba11 register on forms prepamI by the cieJk, pay a registration fee as
specified in appc:odix A aad state UDder oath:
(I) His name;
BID NO: 5f.4OIOl
DATE: UI12101
01Y OF MlAMllIEACII
1
,
I
(2) His h--'- .. addaaa;
(3) The _ and b1-- adIbss ~ each palIllII or aUy v.iIil:h bas eqJIoyed die ~._~
10 1obby;
(4) The """"";...iooer or pasoane1llJU1bt 10 be lobbied; IIId
(5) The specific issue III wbich be bas been a:npIoyed 10 lobby.
(b) Any ........... '-"'--...:- ....;..o-1Iu m-I 'rIiti. 1 City .. -.
..--10 any WI.~~.n.___.1_oranyAt....... ~.'."-""'or~
who an: also sought to be 10bbicd sbaD ~ 1bat die lobbyist file III IIII'lf!IV!nten 10 die
regislration fonns, although no additional fee sbaD be ~ for such _.dn...m The lobbyist
bas a continuing duty to supply infonnaIion and amend die forms fi1ed tIunolgtnJt die period for
which the lobbying OCCUJ'S.
(c) If the lobbyist ......~.JIl. a COtl""idioo. !'8ltn.rsbip or trust, die chief olliea-, partner or beneficiary
shall also be iMtrifirrl Wt1ho!Jt 1imiting die rUl~ die lobbyist sbaD also ideoIifY aD pmons
holding, directly or ~, a five pen:ent or more ownership inteRst in such corporation,
partneIShip, or trust
(d) Separate registration shaD be ~ for each I"w..ip.d .CjJI( 5( ..lied on each specific issue. Such
issue shall be described with as much detail as is pracIic:al, ;""hvlit1g but IIOt limited to a specific
descriplion whc:n: applicable of a pending ~ for a l"upuoaI, invi1aIion 10 bid, or public bearing
number. The City c1eIk shall ~ any regislration statenlenlllOt providing a description of die
specific issue on which such lobbyist bas been employed to lobby.
(e) Each person who withdraws as a lobbyist for a particular client shall file an """,,,,,.iate notice of
withdrawal.
(t) In addition to die regislr.dion fee n!qIIired in subsection (a) oftI:B section, r~.dion of aD 10bbyisls
sha1l be required prior to October I of every even-numbeml year; and die fee for biennia1
registration shall be as specified in appeOOix A
(g) In addition to the matters addressed above, every registrant sbaIl be ~ to state die extent of
any busintss, financial, fiuniliaJ or professional relationsbip, or olber relationsbip giving rise 10 an
appearance of an Uup."",iety, with any cmrent City commissioDa' or personnel who is sought to
be lobbied as identified on the lobbyist registration form filed.
(11) The registration fees required by subsections (a) and (t) of this section shall be deposited by die
clerk into a separate account and shaD be expended only to cover die costs incum:d in
administering the provisions of this division. There sbaIl be no fee n!qIIired for filing a notice of
witbdrawaI, and the City IIIlIIIlIlF sbaIl waive the n:gislraIilD fee upon a findiDg of finm.rial
hardship, based upon a sworn statenlenl of the applicant. Any person who only appealS as a
represenIative of a nooprofit COII"".diuu or entity (such as a dlouitlb1e organizalion, a
neighborhood or homeowner association, a local chamber of ~ or a trade association or
trade union), without specia1 ~ or reimbursement for the _.......... whether dim:t,
indirect or contingent, to """'_ support of or OJ)position to any item, sbaD IIOt be ~ 10
register with the clerk as n!qIIired by this 9CCtion Copies of l~cOIialn forms sbaD be ti...n..hM 10
each commissioner or olber personncllllll1ltJd on the forms.
(Ord. No. 92-2777. ~ 3,3-4-92; Ord. No. 92-2785. ~ 3. 6-17-92)
BID NO: ~l
DATE: 10lVGt
CI1Y OF M1AM11IEACH
2
See. 2-413. ~ ..... .11_" ......
<a) Arlypilli: oIIicer, -+P ClI' lI(JI.':'- ClI'IIl)' peIIlIIlCll'ady .o..... ...... pdYitywilh die Cily
who ClIIIy appears in biB ofIicial capecity sbllllIIIt be ~ to,." 88 a IobbyiIt.
(b) Arly peIIlIIl who ClIIIy _, in biB iDdivdJaI c:IpIcity lit a public h-;" bcfiR die city
oomno~ .........:... boInI, board of Iltil...,...~ ClI' olbrr bomI ClI' 00-.....-. bas 110 olbrr
lYWIIInB.i...Mn wiIh die P<"''' ...,.j defined .1eClioa 2481, fOr die JlUIJlCIII' of Idf..~ S .1..1~1II
widJouto.."I.~ ClI'reimbu>"""'lHl(. wbelbeI'dim:t, iDdireaCll'O.~:.....~.lID__lIUppClIt
of ClI' 0!lI- ...,;,.., to Ill)' item, sballllllt be ~ to ..... as a lobbyiIt, ....."'"'a 1U IIIIt limilai
to those who are """"Ms of bomcowner ClI' -igt.hodlood ...",.;..nn.., AD 'V"'....... sbaD,
however. sign up on forms available at die public Iariog. ,4ddili.rwolly, Ill)' perscIl requesled lID
appear before any city persoonel, board or commissioo, or any person <Y1I1IJl"1led to answer for
or appealing a code violation, a mn""""" at...lltll "'.. board bearing, a special masll:r beariDg or an
adminislraIive beariDg shaD DOt be ~ to ~, DOl' sbaIl any agent, attllIdeY, ot1ic:er or
employee of such person.
(Ord. No. 92-2777, M4, 5, 3-4-92; Ord. No. 92-2785, M4, 5, 6-17-92)
Sec. 2-484. SIgIHn lop.
In addition to the regislration R:qI.Ii.<au;;,dS addtessed above, all city dtt-~ iDcluding die offices of
the mayor and city mmmiRllinn.dIe offic:es ofdle city 1DlIIIlIga", and the offices ofdle city attorney, sbaIl
mainlain signed sign-in logs fir all noncity employees or persoonel fOr regislraDon wbr:n they meet with any
pmonnel as defined in section 2-481.
(Ord. No. 92-2785, ~ 6, 6-17-92)
Sec. 2-485. List of expenditures.
(a) On October 1 of each year, lobbyists sha11 submit to the city clerlc a sigocd ct~I"I.""...t under oath
listing aIl10bbying expenditures in the city fir tbe preIWling caL-br year. A ~u"ul shall be tiled
even if there have been no expenditures during tbe ,,,,,,,,bug period.
(b) The city clerlc shall publish logs on a qIllII1my and amwa1 basis refI-rioIg die lobbyist Iegislratioos
filed. All logs required by this section shall be 1"'''P''''ed in a IIIlIIIDeI' SUI:.,1H'~;"'11y simiJar to tbe logs
prepared for tbe state legislature pursuant to F.S. ~ 11.0045.
(c) All membcm oftbe city commission and all city pen;oonel shall be m1i8l"" to asca1a<n wbetber
peISOI1S required to register pursuant to this section have complied with die R:qI.Ii.....-b of this
division. ConDnissioocn or city personnel may DOt knowingly pennit themselves 10 be lobbied by
a person who is IIIIt registered pursuant to this section to 10bby the ea......:...in.- or the relevant
commitlec, botad or city personneL
(d) The city aItoIIIey sbaIl mv-i~ any persoos ""8lIr' in 10bbying activiIies who are 'opulltd to
be in vioIaIion of this divisim. The city lIIlmIey shall RIpOIt the resuIIs of the inY<,",~ to die city
commio.<ion. Any aIlegI:d violator sbaIl also m:eive the resuIIs of any ~ and sbaIl have
the opportunity to rdlut the ~ if neo "/, and submit any wriaeo IDlIIaiaI in dc:f....... to tbe
city commission. The city commission may Iqlrimand, I:aISIR, suspend ClI' prohibit such person
from 10bbying bcfiR the commission or any comm-. board or pasoIIIId ofdle city.
(Ord. No. 92-2777, ~ 6, 3-4-92; Ord. No. 92-2785, ~ 7, 6-17-92)
BID NO: 59-00101
DATE: 10I1f01
crrY OF MlAMllIEAOI
3
DIVISION of. PROCUUMENT
Sec. 1-486. CODe""ce.
(a) CuuIk-.bt for die provision of gooda, servic:es, aod COIIIlnJcIiaD projeclI adw:r da audit
contracts.
(1) ~"iti... "Cane of siIcDce" is brRby .te<F:.wllo mcan a lI'u...~.. IlII: (a) Ill)'
c:omm>~ I_~ a particuJar IeQlIl:lIt for paupwal ("RFP"). request for
quaIific:aIions ("RFQ"), request for 1eUc:Is of ~wt ("RFLI"), or bid between a pMWiA'
vendor. service provider, bidder, lobbyist, or COIISIIltam and die city's adminisaative Slatr
including, but IIllt limited to, die city IIIlIIIII&'fJ" and his or her SIaff, (b) Ill)' 00IDIIIIIIlicaI
reganting a particular RFP, RFQ, RFU, or bid between die mayor, city commissioDers,
or their I~.e stafIS, and any fIlf!Inbor ofdle city's ......i..w,.di.-e staffiocludiDg, butllllt
limited to, die city mlU1AF and his or her SIaff, (c) any commUllication Je8aldillg a
particular RFP, RFQ, RFU, or bid between a potential vendor, service provider, bidder,
lobbyist, or COIISlIltant and any member of a city evaluation and'or seleclion eouu.uittc..,
and (d) any commllllication Je8aldiug a particular RFP, RFQ, RFU or bid between die
Mayor, City Connnissi<mm or their respective sta1Ii; and any member of a city evaluation
and'or seleclion committee. NotwitIrl-..dir1g die foIegoidg, die cone of silence sballllllt
apply to I.oUIlJI'<'titive processes for die awanI ofCDBG, HOME, SlDP and SIII1ax FUIIds
adn1inislaed by die city office of conummity developmeut, and COIl1IIIIJIIica with die
city attomey and his or her staff.
(2) Procedure.
a. A cone of silence sbaIl be ;II~ upon each RFP, RFQ, Rill, and bid after die
advertisement of said RFP, RFQ, RFU, or bid. At die time of ~ition of die
cone of si1ence, die city manager or his or her designee sbaIl provide for public
ootice of die cone of silence. The city IIIlIII8ga" sbaI1 include in any public
solicitation for go<d; and services a otlott...,.m disclosing die IeqIai.<UJ<<ub of this
div&on.
b.
The cone of si1ence shaDlft'nrinaIe a) at die _ die city ....I'V"" makes his or her
written recommendation as to selection of a particuJar RFP, RFQ, RFU, or bid
to die city commission, and said RFP, RFQ, RFU, or bid is awanIed; provided,
however, that fol1owing die Maoager making his or her written I'C(lo ..... ....mtion,
die cone of si1ence shaD be IiflIld as relak:s to mmm"nit'A~ betw=1 die Mayor
and MembeIS of die Qwnmi...v.. and die City Manager; providing fiInIx2" if die
. . . --'-.... ga's ~. L....... oL..'
ciyIYW'l'l1'Tl1ccnnnl~JQ~ UEi' ms:mA m>-........,...kItJon....... to lUWaty~CI'
staff for fiInIx2" n:Yiew, die cone of siIcDce shaD lYftim.... 1IIIIi1 such _ as die
manager mabs a subsequeut wriuen rev .....~.isation, and die particuJar RFP,
RFQ, RFU, or bid is awanIed or b) in die event of .....&iIClS for less !ban $25,000
when die city manager executes the contract.
BID NO: 59-00/01
DATE: lon1111
an' OF MlAMlIIEACII
..
(3~ 1l>.. <t'~""- The fIUYisiooa ofilia ...1.._- If: lIbd IIIIt apply to: (a) cxaI mIIIIIII~ lit
pre-bid conferences; (b) cn1..~- .,d.ol.:.oa. befift evaluation c.._L....:II~; (c) ~..t
tfiro"'"" cbiDg lIII)' cmlyDDliced pJbIic lMl"i.l8. (d) pjIIic to- ...~- DIIIde eo 1bc city
.. A........ A..1v .......:......... _.wv. . l ~ .. _.:.&.'
~........~ -"'6l111)' -r ..- .-- ~"lg 'CJ ......-..ll... ....1llIlS WJUI city
slaff foI1owiDg 1bc award of 811 RFP. RFQ, RFLI, or bid by die city ...........~ or (I)
<nnm..,;....nons in wriIing lit III'f m with III'f city ~ree. official or .......1Ila of1bc city
<rnm'Ii~ un1css specifically JWbibited by die applicable RFP, RFQ, RFlJ, or bid
..- In\ . . . '.--Ie' ............. .
/l..':I~; 01' 'IJ city (^'......ftI(JIl ~I" ........ JeYIeW ~ v.4'WlOC4 IIJIj; CIty
IDlIIIlIger and 1bc mayor and individual city ...........i..an.-s wbcre such maItas are
scheduled for consideration at 1bc next Commission meeting. The bidder, proposer,
vendor, service provider, 1obbyist. or oonsul1ant sbaJI file a copy of any wriuen
COIIIIJIUIlicat with 1bc city cledt The city c1erlc sbaIl make copies avaiJable to any peISOI1
upon request.
(b) Audit conttacts.
(1) "Cone of silence" is hereby defined to mean a prohibition on: (a) any c:anmunicatioos
regarding a particular RFP, RFQ, RFLI, or bid between a potential vendor, service
provider, bidder, 1obbyist. or consultant and die mayor, city cnmmi..~OIICI'S or tbcir
l~tive staftS, and any membecof1bc city's a.b,,;,,;sIll4i~ slalfinchxling. but not limited
to 1bc city manager and his or her staff, (b) any oral communication regarding a particular
RFP. RFQ. RFLI. or bid between 1bc mayor, city commissioners or tbcir respective slaftS
and any member of die city's administrative slalf including, but not limited to, 1bc city
IDlIIIlIger and his or her staff, and (c) any communication Ie88ldiug a particular RFP, RFQ,
RFLI, or bid between a potential vendor. service provider, bidder, lobbyist, or consuhant
and any member of a city evaluation and/or selection committee; and (d) any
communication regarding a particular RFP, RFQ or bid between the Mayor, City
Conmrissioners or tbcir respective slaftS and any member of a city evaluation and/or
selection CODlIIIittee. NotwitI.:jl~...iing 1bc fua~iug. die cone of si1ence sbaIl not apply to
conmunications with the city attorney and his or her staff.
(2) Except as provided in subsections (b)(3) and (b)(4) hereof, a cone of silence sball be
imposed upon each RFP, RFQ, RFLI, or bid for audit services after the advertisement of
said RFP, RFQ. RFLI, or bid. At 1bc time of the ~tion of1bc cone of silence, 1bc city
manager or his oc her designee sbaIl povide fir 1bc pJbIic notice of1bc cone of silence. The
cone of silence sball temJinall: a) at the time the city manager makes his or her wriuen
recommendation as to selection of a particular RFP, RFQ, RFLI, or bid to the city
commission, and said RFP, RFQ, RFLI, or bid is awarded; provided, however, that
foI1owing the Manager making his oc her wrilIm ~.. .... ~dnion, the cone of silence sbaIl
be lifted as relates to commllllicatioos betwllal the Mayor and Members of the
Q,mmi!ltlriQn and the City ~ <--r; providing further if the city commimnn refi:rs the
manager's n:co.lll'~ back to the city .........r oc slaff fir further review, the cone
of silence sball continue UDIil such time as the manager makes a subsequent wriuen
recommendation, and the particular RFP, RFQ, RFLI, or bid is awarded oc b) in the event
of contracts for less than $25,000 when the city manager executes the contract.
Bm NO: 59-eOIOl
DATE: 10l1I01
crry OF MlAMlIIEAOI
5
(3) NclCbiaI ".....:.-4 blnin IIbIII pmbibit 8IlY bidder. .......-0. WDdor. service provider,
1obbyiIt, or .......,hnt (I) mm ~ pjlIic ~ .....:.00. at cldy DOliced pIHid
CClI'4c......... or befiR cldy DOliced ewIuIIIim 0(\0....... JDIle/i-.; (n) mm "'lpgi'lg in
.......1 .......;""" cbing 8IlY tiy DOliced pjlIic ~:'\8.. (iiI) mm ""'PIi"I in ....di:id
~..v- wilh city lIlaffilllowins the awmd ollD RFP. RFQ, RFLI, or bid fir audit by
...... . .. (i )"-- ..... _..:.0&. .~ ........:..,
us; czy ('" -. D..___ ~ ex' IV II\DllYWnTlllI'- .....'t5, Dl WIIII\1 WIllI aa;y city ,yec cr \aIAOIIII
for puIJlll8eS of se '-'''I cJarifiadion or additiaoaI Udi .......ion mm the city or respnndit1g
to the city's request for cLtrifi.:alion or ~ info... "'rim, subject to the provisions of
the applicable RFP, RFQ, RFLI, or bid """'''''''I1Is. The bidder or plopo6c;aetc. sbaI1 tile
a copy of any wri1Ien mrmmmial/im with the city cledc. The city c1erlc shaD make copies
available to the general public upon ~
(4) Nothing contained hemn shaD probibit any 1obbyist. bidder, proposer, vendor, service
provider, consullllDt, or other person or entity from publicly addressing the city
commissiooers during any duly DOliced public meeting l"l!l'ldiug action on any audit
contract. The city manager shaD include in any public soIici1alion for auditing seMces a
statealCJlt disclosing the req\1i.gugJb of Ibis division.
(c) Violationslpenalties and procedures. A violation oflbis section by a particular bidder, proposer,
vendor, service provilb', 1obbyist, or comu1tant shaD subject said bidder, pt~, vendor, service
providc2', 1obbyist, or consu1tant to the same proc:lllIures set 100h in, Division 5, entitled "Deh.uulWl
of Contractors from City Work; shall render any RFP award, RFQ award, RFLI award, or bid
award to said bidder, proposer, vendor, service provider, bidder. lobbyist, or consu1tant void; and
said bidder, proposer, vendor, service provider, 1obbyist, or consul1ant shaD not be considered for
any RFP, RFQ, RFLI or bid for a contract for the provision of goods or services for a period of
one year. Any person who violates a provision of Ibis division sbaI1 be probibited from serving on
a city evaluation and/or selection committee. In addition to any other penalty provided by law,
violation of any provision of Ibis division by a city employee sbaI1 subject said employee to
disciplinary action up to and including dismissal. Additional1y, any person who bas persona1
knowledge of a violation of Ibis division shaD report such violation to the city attomey's office or
state attomey's office and/or may file a complaint with the county etbics commission.
(Ord. No. 99-3164, I, 1-6-99)
~
BID NO: 59-00101
DATE: 1011/01
crry OF MIAMI BEACH
6
SECTION 2. CODInCA11ON.
It is the :.~h~~" of the Ma,or IDIl City 0 .....:Lnn of the City ofMisai Beedt, IDIl it is IwRby ..M.od
1bat the I'lUYisioas oflbis ...di>...nne lIbIIl1Jer...'" IIId be 1IIIdc.- of the Code of the City of Miami
Beach, Florida. The - to .... of Ibis .......q IIIIy be ,......1haM or I~..d to I(f'.'~ lIUCh
. . _....._-~. Ii . be '" d. .. .......:..L........_ '-~
VA::..'-~iII&IWE;WUIU W. .---~ may .~ to sectioD t ..... ,or~..,..~i8lleWUI\L
SECTION 3.ltEPEAI.U.
AD orrfiruant- IX' pllI1S of ....I>.-."CS in ",..A'ct baewith be IIId the _ are hereby repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, ...ute""'" clause, phrase IX' portion of this 0l.1O.-.:e is, for any reason, held
invalid IX' UIICOIIStituIio such portioo shall he deemed a ~cIIe, distinct and ~I provision and
such holding shall DOt af&a the validity or 00IISIituIi0naI of the JP.R1lIining portions of this ~
SECTION 5. EFFECDVE DATE.
This Ordinance shall take efI'ea 011. the
adoption.
day of
. 2001, which is 10 days after
PASSED and ADOPTED this
day of
. 200 1.
Mayor
ATfEST:
City Oerlt
Bm NO: 59-00101
DATE: 10l2I01
ClIY OF MIAMllIEACII
7
ORDINANCENO~
AN ORDINANCE OF THE MAYORAND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER. 2, ARTICLE VI,
ENTITLED "PROCUREMENT", BY CREATING DMSlON 5, ENTITLED
"DEBARMENI"', SECTIONS J..39'7 THROUGH 2-4e6 OF THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, PROVIDING FOR DEBARMENT OF
CONTRAcrORS FROM CITY WORK; PROVIDING FOR SEVERABll.JTY;
CODIFICATION; REPEALER; AND AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY TIlE MAYOR AND CITY COMMISSION OF TIlE
CITY OF MIAMI BEACH, FLORIDA:
SEmON 1. Miami Beach City Code, Chapter 2, entitled "Adminislration", Article VI, entitled
"Procurement", is hereby lIrI",...-lM by adding the toIIowiug Divisim 5, eDitIed - "JAi....-t ofUd.....tu.~
fiom City Work" reading as fullows:
Division S. OI:ha...~..t of \oUIJtl...1uul fiom City wodc.
Section 2-397. Purpose of debarment.
(a) The City shal1 solicit offm fiom, award contracts to, and consent to subcontractors with
responsible ........-..1oIs llIIiy: To effectuate this police, die deba.lUOUt of contractors fiom City worlc
may be IIIIdertaken.
(b) The serious nabft of dc:h......ul teqUires that this sandion be ;",.JSed only when it is in the public
interest for the City's I"otection. and not fur purposes ofpmi"""-t Debarment shall be ;..,.-JSCd
in accordance with the procedures CODIained in this ()J'dinance.
Section 2-398. Deftnitions.
(3) j!;ffiliOltP$ fb..m.... coooellls.Ull!I",,:...I~1IIl\ Iobbyisls ocodxrindiviWals are ..~ ofeachodlcr
if; directly oc iadirecdy. (I) either one controls or has the power to control the other, oc (Ii) a third
part controls or has the power to control bolh. Indicia of control include, but lIRi not limited to. a
fiducimy n:Iation which n:suIts fiom die IDlItIifeslatio of OOIlSau by one individua1 to lIIIOlher that
the other shal1 act on his behalf and subject to his contro~ and ocoseot by the other so to act;
iaA.lu...lUuts ,.... _ -,~II orlM....llbip; idemity ofiaA....lIIIDI8li1mi1y n.....hcn; sIaaI filNliIiPR
and ~ <YWnnVYl use of employees; or a h.""",",, adity orpni7wf by a debau.ai euIity,
individual, or al'IiliB toIIowiug dc:h......d of a ............... that has the same oc similar """"',....-.t,
ownership, or principal employees as die con1nlctor that was deballai or su.~ed
8m NO: 59-eIIOl
DATE: lOiVOl
OI'Y OFMlAMlIIEACII
.
(b) awi-'tv'-"melIIIa;-\v.-~ ar....cfac:iYilc&.cbylll)'cxutcf...., I .;.:.....,1..,
(c) Cu.Jb-.b melIIIlII)' iadiYiIbl ar odI:r Iepl cDiI.y dial:
(1) DiIecdy ar iudia...dy (e.g. tbnluah 1Il~). .ohnil!o otIn for is awarded,. ar
nil 0 .1lIhly may be Clllpeded to dmit otJio:n ar be awarded a City........A, in"'.._.. but
DOt Iimiled 10 vaJdcn, suppIien, JWViden, Bidden, P._s, CXlIISUItaJD, m'ar cIelIign
pcofessin-I-. or
(2) C~lCfS t,.,.m-. or reasonable man be expected 10 conduct business. wiIh the City as
III agent" ."...~dative or lIII1x:onIracto of anotbcr CODIraCtOr.
(<I) Conviction means ajudgement or amviction of a ...iwiu.d oft'eDse. be it a felony or m~,
by any court of ~ jurisdiction. wbetber enteIed upon a ventict or a plea. and includes a
conviction entered upon a plea of 11010 contendere.
(e) Dd>aau....t means action taken by the Debarment Committee to exclude a contractor (and. in
limited w.1x.. ell specified in this orrfinanN" a Biddec or Proposer fiom City contracting and City
approved subcontracting for a reasonable, specified period as provided in subsection (j) below: a
contractor so excluded is debaned.
(f) Debaaneut Committee means a group of seven (7) individual members, each appoinllld by the
Mayor and individual City CommissioneJs, to eva1uate and. if wammted. to impose debarment,
(g) Preponderance Greater weight of the evidence means proof by information that, compan:d with
that opposing it , leads to the conclusion that the fact at issue is more probably true than not
(h) Indictmenl means indiclment for a aiminaI offense. An inliwmAtitw> ar olber fiIiDg by ... ..opdbal
authority charging a criminal offense shall be given the same effect as an irvIirJmo!nt
(I) Legal procee4iing means any civil judicial proceeding to which the City is a party or any criminal
proceetIing The tenn includes appeals fiom such proceecli"W',
(j) List of .Jd>au..J conIractors means a list compi1ed, rnJlinbo~ and dislribuIM by the City's
Procurema1t Office. conmining the names of conIractors debaned IIIIder the procedures of this
orrIin"""'"
Section 1-399. List of debarred CODtrac:ton.
(a) The City's Procurema1t Office. is the agency cha.~ wiIh the ~.",,".':nn of this ....I:._.>e
shaD:
(I) Compile and 1IIlIinmin a cumD. COIISOIidated list (List) of all conIractors dt:b.u...d by City
dt.....,ll ,-, Such List shall be public mconl and shall be available for public inspection
and .... ..:. oArinn;
BID NO: 59-00101 COY OF M1AM11IEACII
DATE: 10l2I01 9
(2) Fa~ny JeYiIe IIId ~ die Lilt IDd iBIc IIn.l....d... if II<< T' to aD
~b-6. to die Oftille ofdle City ~Y' IIIll to die Ma)u IDd City 0-...' . -""".
IIIll
(3) 1Ivo.h..w in die Lilt lIbaD be die JBDe IDd tel,..,.....lUIDrofdle City oftidIl !I(~"""
filr ill ,,_:......_.~ IDd di8lriIUim.
(b) The Lilt lIbaD i....... -.
(1) The IIlI1DeS 8Dd addr~ sm of all conIJIctors deba.....L in AlphobeticaI Older,
(2) The IIlIIDe ofdle ~lwd that m:ommends initiatioo oftbc dcbannent aclioo;
(3) The cause for the debannent action, as is further descnbed bemn. or other statutory or
reguIatllry audoity;
(4) The effect of the dd:.a..uCut actim:
(5) The """"inmicx1 date filr each 1isting;
(6) The contractOI's certificate of competence or license 1IIIIIIber, when applicable;
(7) The person through whom the CODIIlICtOr is qualified, when applicable;
(8) The IIlIIDe 8Dd ll:lephone IIIID1ber of the point of contact in tbc .tu=<t 1IC().....qdng
the deh.u.wwn1 action.
(c) The City's Procuranent Office shaD:
(1) In accordance with internal retention procedures rnaitmoin records relating to each
debarment;
(2) Establish procedures to provide for the effective use of tbc List, including in1emal
disln'bution thereof to ensure that d..pa. tw.;.m. do not solicit offers from, award contracts
to, or consent to subconIracls with contractors on the List; and
(3) Respond to inquiries cooceming 1isted, contractors and wuodiud!t, such i~- wi1h tbc
department that recommended the action,
Seetion 2-400. Effect of debarment.
(a) 1A:b.u...J \A&...lt.u are e>'"h..w from receiving COIIIl'lIClS, anddtpaab.ur.a.dl. shaD not solicit offi:rs
fim1 awaro ..wh.....to to, QI' coosem to subconIracts with these ....-ub...ll:la& unless the City Manager
determines 1hat an emergency existsjustifying such action. and oblains approval from the Mayor
and City Commission, which approva1 shaD be given by 5fTtbs voce of the City Ownmi..aon at a
regularly scheduled City Commission meeting. Ikb"ll..J WUb-.b" are also excluded fim1
COl'do""'"'g business with the City as agents, representatives subcontractors QI' paalllers of other
conIJIctors.
(b) Ikb,,1l..J ~...."d are excIudrd from acting as individual SIRties.
BID NO: 59-00181
DATE: 10l2I01
COY OF MIAMI BEACH
10
SedIoa 2-411. c.da...... tl......... COIltl....
<a) C............ ;,. 0Il1be ddiYe cIIIe of this ...IIi._. e aD P' ..~ City ......... . well. Raps
for F.()pualds (RFP). Request for Q".li~ (RFO). Rcquesls b l.etleIs oflntaat (RFLI).
or bids issued be 1be City. IbaD ;.-..~ this ~ IIId speci1y tb8t .w......odIt may
constiuc grounds b IIorrnin!dinn oftbe ...did as wdl as disqn,"j~ &an OOM~"'''''' OIl
any RFP. RFO. RFLL or bid.
(b) The .Jd>a.n..ut sbaIl take effect in llCCOIda...... with tbe notice provided by tbe City Manager
pursuant to subsection 2-40S(h) below. except that if a City depaI1ment bas (;ul1llidlo or
subcontrads in cxisteoce at tbe time the contractor was debslled, the debaa~ period may
lXlIIIIIIeIICe ~ tbe COIICIusion of the C011tilk.-1. subject to approval of same be Sntbs vote of tbe
Mayor and City Cnmmi~ at a ~ l(",hedu1ed ~g
<c) City &paoli-tis may DOt renew or otherwise extend the duration of current contract or CODSeDt
to sub..uttllidlo with dt:ba....d ..wIlidors, un1ess tbe City Manager delennints tb8t an _~-y
exists ~ tbe renewal or extension or for an approved extemion due to delay or time
extension for reasons beyond the conIractor's control and such actiOll is approved by Sf7tbs vote
of the Mayor and City Commission at a ~ scheduled ..-;"g
<d) No further work sbaIl be awarded to a debamxI con1ractor in coonection with a CODIinuing .....dl....t
where the work is divided into separate discrete groups and tbe City's refusal or denial of further
work under the contract will DOt result in a breach of such contract.
Section Z-40Z. Restrictions on subcontracting.
<a) When a debarred contractor is proposed as a subcontractor for any subconlract subject to City
approval, the department shall DOt consent to subc:on1racts with such contractors un1ess the City
Manager detennines that an emergency exists justifying such consent and the Mayor and City
Commission approves such decision by Sf7tbs vote at a regularly sclwlnlM meeting.
(b) The City sbaIl DOt be ''''lpormible for any increases in project costs or Olbcr expeoses incunal by
a contractor as a result ofrejection ofproposed suIx:on1radors pursuant to subsection 2-402(a)
above, provided tbe subccJotractor was d.:b,,"..d prior to bid opening or opening of p.upuooaIs,
where the contract was awarded be the City pursuant to an RFP, RFO, RFLI, or bid.
-
SectIon Z-403. Debarment.
<a> The Ol:baa...... 0 ......:... may, in tbe pjlIic inIaat debar a ...d...b for any of the causes Iistal
in this o..l;.....-:e using the procedures oudined below. The c::xi.lltalllC of a cause for """"""ent
however. does DOt ne.:~"A..uy require that the contractor be debaned; the seriousness of the
COIItIlICtoI's acts or omissions and any mitipirlg factors sbould be CODSidmd in making any
debannent decision.
BID NO: 59-G01l11
DATE: 10l2I01
CllY OFMIAMIllEAOf
It
(b) 1).<1-......." --- dd-.....-.t of ell 0&..-, dir-b.. .......h..&......_ 0MIiII& or .........
twaJty-~ (2S) pe.~ ofdle lIIOCIr..-1bln, dMIiom or olbcr "r.j.-I~_...I ~..- oftbe
ddl.....d ......-.b. __ die dl:b.....d...... ..~-. is ~ by ill bmI to IpOCific cIivisiaos,
. . 1-" ,Go; ......... DU C" .a...... '-_L~'~_ . .
"'V-_..d-tXW ~---"'''CI'~_._.-- ... ~JKj .Ir..._.....",1f ..._.....~~I'!l-.--"Ift-..n......any~
.fli!" of tbe ............ if tbey 1ft: (I) 8I'"',&, .oily IIlIIned aud (a) gM:n wriIIm nolice of !be
P'~ cJ.h.....~d IIId III oppClI1UDity to lay-'" FuIure AffiG . I of!be ......-.Iuo Ift:.qea
to die Dd-......... O_m..illcc's decision.
(c) A COOII'aCtOI's dl:b....-l shaD be effective tbrntgMtt City GovemmaIt.
Seetioa 2-404.
Caues for debarmeat.
(a) The 1M>a...-l CommitIee sbaI1 debar a c:onIral:tllr for a c:onvidion orciviljudgment,
(1) For"""""Ktcinn of a fumd or a aiminal oft'ense in cal/lOClion with ol~-:..:.og _11_. ,~ III
oblain, """fi....;.o& or mAIm1g a claim upon a public conlJact or suboon1Jact or a ......-..1
or sub..uubid fimded in whole or in part with public fimds;
(2) For violation of fi:deral or State lIIIIitrust Slalutes relating III die submio.orinn of offers;
(3) For ,...."....;..,;,.,., of embezzlemeut, theft, forgery. bribeJy. &Isification or deslruction of
records, ""'m.g fiIIse statements, or receiving stolen I"vp<aty,
(4) Which ma1res !be City 1he pn:vailing pert)' in a legaI ~il1g and a CXlUrt ~...;.....1bat
1he lawsuit between 1he contractor and 1he City was frivolous or filed in bad fiIith.
(b) The Committee may debar a contractor, (and, limited instances set forth hereinbelow a Bidder or
Proposer) based upon a preponderance the greater weight of the evidence. for;
(1) VioIaam of!be tams of a City conlJact or subcontract or a c:onInct or suboon1Jact funded
in whole or in part by City fimds such as fiIilme III perform in accou....... with the tams
of one (1) or IDORi contracts as certified by the City &.p.uh....d administr:ring die .......-..1,
or the fiIilme III pgtU.w or l.....m~ perfoun in acw........ with the tIemJs of one (1)
or more CODlracls, as certified by an indepen<leI>t registered an:bitect ....g;-..r or gaaal
CODIIlICtOr;
(2) VioIaIion of a City ordinance or adrninisIraIive llI'CIer which Iisls dI:bcu&llRll as a pmonriAI
peuaIty;
(3) Any o1ber cause which affeds die respollsibility of a City coaIIal:tDr or subcontrador in
"""Ii....;.., City vrodc.
SeetiOD Z40S. Debarment procedures.
(a) Requesls for 1he det-. .~.t of \iUib-.luos may be initi-.f by a City Dct-tw..Jl or by a ciIi2m-at
large aud shaD be made in wriIing to die 0f1ic:e of!be City Manager. Upon RICeipt of a request for
deba.UIe<, 1he City Manager sbaI1lraasmit 1he request to 1he MaytJI" and City Commission at a
regularly schMlI1M ~ The Mayor and City Cormnission shaI1 h.......4 !be request to a pcIllOD
Bm NO: 59-OMI1
DATE: IOIVOI
crJY OF MlAMlII&\CH
11
or pa_ who IIbIII be .Jl..pd by tbe City C>---- - . .. with tbe cby of ..~1 my 'y:".
aod "'P';..g a wriaen ~.) COOCCUiia& tbe .......-I dd:-...~", iDcludiag tbe cause IDd
grouads fill' ddl......d uset bth in Ibis ....:.-. c
(b) Upon (>.''1.fdi.on oftbe .db....ww wriaen IqJOd, tbe City tt- Sri( IIbIII fiJrward said R:pCIIt to
tbe DeJ;.......nt C>.,....;~ The City's Proc:urc:maIt Office sb8I1 Kt U slaft"to tbe ~-......I
C......;aeclllld, with tbe ~.... oftbe City depa.huwt person or persons wbic:h1"'P'~ tbe
report JftSCIIl evidence aod argument to tbe Dcb.u.....u1 Committee
(c) Nolice of 1"0pwal to debar. Within ten workiug days of tbe Ddlaa.....u1 Committee having
received the IeQUest for debarment lIIId written IqXJrt, the City's Procurement Office, on bdJaIf
of the Debarment Committee sbaI1 issue a notice of 1'1~ deba.......u1 advising the COiltiodor
and any specifically named llffi~, by certified mail. retmn receipt requested, or personal service
cmaining the fuIlowing infu.uati...:
(1) That debal1n.:nt is being consicIemI:
(2) The R:8SOIIS aod causes fur the ..~ ddla.1UOI1t in temJs sufficient to put the ......&....a..
and any named llffiH_ on notice of the .....mJCt or ~s) upon which it is based;
(3) That a hearing sbaI1 be cnM....rM bcfure the DeOOl1....d Owmnittee on a date and time DOt
less than thirty (30) days after service of the notice. The DOCice sbaI1 also advise the
contractor that it may be represented by an attorney, may present documenla1y evidence
and vetbaI testimony, and may cross-examine evidence and testimony presented against
it
(4) The notice shall also descn'be the effect of the issuance of the notice of 1'1~
debannent, and of the potential etTect ofan actua1 dc:bm1ll<alt.
(d) No Ialer than seven (7) workiug days, prior to the $Checluled hearing date. the conIractor must
furnish the City's Procurement Office a list of the defenses the CODIraCtor intends to pn:sent at the
hearing. If the conIractor fuiJs to submit the list, in writing, at least seven (7) worlcing days prior to
the hearing or fuiJs to seek an extension of time within which to do so, the conlmctor sbaI1 have
waived the opportunity to be heard at the hearing. The Debaln.e.n C..... ,;lIb;; bas the right to gnmt
or deny an extension of time, and fill' good cause, may set aside the waiver to be beard at the
hearing, and its decision may only be ~ upon an abuse of discn:tion slaIIdard.
( e) Hemay evidence sbaIl be A<Imi....ble at the h.-iuts but shaD DOt filnn the sole basis fur inifiMir1g
a ddla......u1 procedure nor the sole basis of any dtlb...inmion of dct-..~1t The hearing shaD be
lIanscribed, llIped or ocberwise recorded by use of a comt I~lb, at the election CommitIr:e and
at the expense of the City. Cqlies of the hearing tape or ta........~ sbaIl be fillYlisMd at the e'l"""""
and request of the requesting party.
(f) 1).1_......... C>......;Ut,e.s decision In aclioos bescd upon a ccmviclion or.i"'Ie"-, or in which 1D:re
is 110 pmv. dispute OWI'maIaiaI fiIds, the Det-...~r1t Cuuw.iaec sbaIl make a decision 011. the
basis of all the .mrn"",Jled maIaiaI infunnation in the adminil4>aIi~ record, including any
BID NO: ~1
DATE: 10l2I01
crrY OF MlAMlIII!:ACH
13
lmdi~.IIod. n . ;..( ,,~-,:-l.cma made by the ......A.. WhrR...... lie baed on ~.,
evideoce, die Det-..-nt O......:c-IIIIII decide what wei&bt to IIIIIl::h to CYidaa ofJeCORl,
judge die aaIibiIity of ..a [1,_ t.e ill ~ ..... on die .....--- . .~ Jftll*:r weigbt oldie
evideDce SWldaad. The Ddl8.ilie4 ('-<-.....i- sbaII be die sole tria' ar &ct. The O......itllee's
~,.;..., sbaI1 be made wiIbin tal (10) WllIkiDs days after lYWI<"1o..n. ardle heariog. UIIIelI8 die
Ddla...-t ('. ......:I;b; ..-..d!: Ibis period ir good_.
(g) The O......;ub<'sdecision sbaI1 be in writing and sbIIl includcdle C.....;IIb,.li &ctua1~ die
l"i..cipa1 causes of det>om...m as "",.......1Ied in Ibis onIinaol:e,i<b4;ft, ....<<1 ofdle ....&-.b and
all DlIIIIed affiliate: affected by die decision, and die specific tam, including duration, of die
debarment inIpnoM
(h) Notice of Debennent Committee's decision.
(I) Iflbe Dtba.1UWl ~ ""<'i<ks to impose dd-........ die City MallatFsbaI1 give die
...o..Ilu.. and any DlIIIIed D~ involved wriam notice by cati1icd mail, mmn rc:ccipt
~ or hand delive1y, within ten (10) wodcing days ofdle decision, specifying die
I'elISOM fur <Jet,A,n""'lt and including a copy of1he Cnn.n.iftwo/s writlmdecision; Slaling lbe
period of dI:ba.....ul, including effi:dive dak:s; and advising 1bat die ddlm.....4 is effective
throughout the City departments.
(2) If deh....uent is not illljlOSed,tbe City Manager shall noti1Y tbe contIoICtOr and any named
affi6DlPl: invoIVIld )1y certified mail. raum rc:ccipt requested. or personal service, within tal
(10) working days of the decision.
(i) AD ~i1iofB oftbe I)P.hormrm Committee sbaIl be fiDaI and sbaIl be d&ictive on tbe dale tbe notice
is signed by tbe City Manager. Decisions oftbe Debarment eomm-- are subject to review by
tbe Appellate Division of the Cin:uit Comt. A deba......I .......dl-.b may seek a stay of tbe
debarment decision in accordance with the Florida Rules of Appellate Procedure.
Section 2-406. Period of debarment.
(a) The period of(lel-........" :..'1oCJSCd sbaIl bewitbin tbesolediewdi...oftbeDebe.IUWlOwmnilt-.
Deba..1llel1t sbaIl be for a period c...-....~1llIJIlIte with tbe scr:ir<-- of the causc(s), and where
applicable, within tbe g"~linP.s set furlh below, to in 110 IM:Ilt sbaIl exceed five (5) yars.
(b) The following guideliIa in tbe period of ~.....~ sbaI apply except wbere mitigllling or
aggravatiDg cUo1ft\.d.....--a justify deviation:
(I) ForClOllllDissionofan offense as described in~JbsecUon 2404(aXI): five (5) years.
(2) For <nmmiccioo of an offense as described in subsection 2404(a)(2): five (5) years.
(3) For commission of an offense as described in subsection 2404(aX3): five (5) years.
(4) ForlXlD1111ission ofan offense as described in subsection 2404(aXS4): two (2) to five (5)
years.
BWNO: 59-00181 aTYOFMlAMllIEACJI
DATE: 18f2101 14
(5) For (........oolNl ofanolfae _ deaibed ill tRlbeec'o.- 2404(bXl) or (2): two (2)10 lM
(5) years.
(c) The Ddla...-l 0......;- may, in ill _ di..w...... m.:e the period of det-... ~ot. upon the
.....&....tuts wriuen request fiJr n:uons such u:
(1) Newly cIisc:oveml-' iaI evideDce;
(2) Reversal of the convidim or civi1 jlvIgInM upon which the dl:ba.went was based;
(3) Bona fide c:bange in 0WDerSbip or """"'IS' ........;
(4) Elimination of other causes for which the debauu=t was in1pn-l; or
(5) Other reasons the DcbaIment Committee deems .!pJllOp.<iate.
(<I) The debannent debarred contractor's written request sha11 CODIain the reasons for RqUCSting a
reduction in the debarment period, The City's Procurement Office, with the ...a~ of the
affi:ctcd deparUncnt sbaD have 1hirty (30) days fiom receipt of such request to submit written
n:sponse thereto. The decisioo of1he Ddla......ut Coounittee l"lS"'diug a ~ made UDder Ibis
subsection is finallllld non-appeaIable.
SECTION 2. SEVERABILITY.
If any section, subsection, clause or provision of Ibis ()r<Iinance is held invalid, 1he remainder sball not be
affected by such invalidity.
SECTION 3. CODIFICATION.
It is 1he uJbJtiu., of 1he Mayor lIIId City (',.."",;ll!Oitwt of the City of Miami Btacb, and it is hereby ",dlW.:d
that the provisions of this orrfinan<.., sball become lIIId be made a part of the Code of1he City of Miami
Beach, Florida. The sections of this ""IO,~~ may be IeIIIDI1bcred re1cucmi to accomplish such intention,
and the word "ordinance" may be changed to "section". "article," or other "I'I"UV,iate word.
SECTION 4. REPUT.lUt.
All ~ or pans of UI.IO._..- in cootlict ~ be and 1he same are hereby repealed.
SECTION 5. EFFECI'lVE DATE.
This ~ sball1ake eflect OIl the 3rd day of Mmi."b,2ooo.
PASSED and AOOPTED this~dayofFebruarv. 2000.
BmNO: ~I
DATE: 10l2I01
crt'Y OFMlAMlIIEAOI
15
See. 38-6. PROHIBITED CAMPAIGN CONTltlBUl'lONS BY VENDORS.
(a) <J<oor-I
(1) No paICIl who is a vaxIor to die city sbaD gM: a . -.,-ip c:ooIribuIillI1 diRlcdy, <ll'1brougb a
mftnherofdle pcnon's ;..........-. family, <ll'1brougba pnIiMoI actioD ........:ltet. <ll'lbrougb any
other pcrsoo, to a ~, orID die """1p'igl' ,.......i_ ofa candidaIIe, for lbc offices oflllll)'Ol'
or commissioocr. No ~, or """1"';gI' COIIII1liUIlc of a ~ for die offices oflllll)'Ol' or
commissiooer. sbaIl solicit or receive any campaign cmribulioo. from a person who is a vendor ID
die city, or through a """"...... of lbc person's inmvotfillt.. family, or through a politic:a1 aclioo.
committee, or through any other person on bebaIf of die person. This prohibition applies to natuml
persons and to persons who hold a controlling financial intaest in bnm- entities.
(2) A fine of up to $500.00 sbaIl be in1pn<M on every person who violales this proIubition. Each
act of solicilatioo, giving or receiving a conlribution in violation of this paragraph sbaIl constitule a
separate violation. All contributions m:eived by a ~ in violatioo. of this paragraph sbaIl be
forfeited to die city's genm1 revenue timd.
(3) A person who directly. or through a member ofdle person's ~ family. or through a
political action COIIIIIIitIal, or through any otber person makes a conlribulion to a candidate who is
elected to the office of mayor or commissioner shall be disqualified for a period of 12 IIlOIIIhs
following lbc swearing in of the subject eIecIed oflicialliom lIar""'"ri..g h,.;."."" wiIh the city. This
proIubition 011 transacting business wiIh die city may be waived only in the manner provided
hereinbelow in subsection (b).
(4) As used in this section:
a. A "vendor" is a person who lI1IIISaCtS bl...n..- wilh die city, or bas been approved by die city
commission to lIaDSlICt business wiIh the city, or is 1Rd 00. the city managel's approved vendor list.
b. A "CCJIIIribmion" is:
1 A gift, subscriplion, conveyance, deposit. loan, paymcm, or dislribuIioo. of IDllIIeY or anything of
va1ue, irlr.h1<lillg conlributions in kind having an aaribuIabIc ~ value.
2A ll.....tb of fimds between political commitIl:es, betwccn commitIees of COIIIinuous ex.i.........,
or between a political commitIee and a ......uuittee of t'11ntim>QUS exi~.
3.The paymmt, by any person other than a ......mm... or politic:a1 ~ of ooa.r--m for
die personal services of anodJer person which 1ft rendered to a ~ or politic:a1 commit1ee
without charge to the candidate or COIIIIIIitIal for such services.
BID NO: 5~1
DATE: 10l2I01
crry OF MIAMI BEACH
16
4.Tbe h.... offimds by a ..A..,.....llaIlnr or deputy ._",-lp treasurer bet..ccn a primary
dep<...;...f aad a~. illk.,*-b-;" acc:ouot orcatificale ofdeposit, and die lem1 iDc1udes
any iaA.... earned onlUCh lICClOlIIIl or certificaIe.
(b)~ tbr waiver of~oil;.,a The nlqIoi.~ of1bis secliOD may be waived tbr a
--0;....1- . by' . . -"- public hem' IModMft.........
..-_ b_oftllll'OlJD city (.._.....~ VOle aJ~ we upoIl ~ UL
(1) An operHo-aIl sealed OOlllpdW-'l: proposal bas been sub.uilled and 1be city ofticiaIIdone bas in
no way participated in 1be detenninalion of the bid specifications or bid award;
(2) The I"uymy or services to be involved in the proposed transaction are IDIique and the city
camot avail iIseJf of such I"~ or services withom eotr:ring into a transaction v;bicb would violale
1bis secliOD but for waiver of its requirements;
(3) The business entity involved in 1be proposed transaction is the sole source of supply within the
city; or
(4) An ~~ COIIIrlICt must be made in order to protect the health, safety or welfive of the
Mti........ of the city, III M_.,,;.lbj by a five-sevenths vole of1be city mmmi........ Any gr.mt ofwaiva'
by 1be city commission must be 5lIpp(Kted with a full disclosure of 1be subject """1p'igJl contribution.
(c) Applicability. This section shaI1 be applicable only to prospective Irllnsaclions, and the city
commission may in no case ratifY a transaction entered into in violation of this section.
(Ord. No. 2000-3244, ~ 1,5-10-(0)
8m NO: 59-GOI81
DATE: 11112101
ern' OF MIAM111EAC11
17
1m
II'I1INQ1CINAL
~.......~ of Golf
T.D.L 1ncc:mati0Dli. Inc.
3<J5SS Orchard Hill Place,
Suite 600
Nov;. Michipa 4837S
T d: (248) 471-6750
Fu: (800) '>>5981
Stuart, Florida:
(561) 286-6822
TOlOlIlO, Onario:
(Sl9) 700'130
I
;
w.."W.rdi._bnild...AOfooU mm
admia.Otdi-builclenofaolf.com
OcIObec 12. 2001
Mr. John Ellis
Procurement Division
City of Miami Beach
1700 Convention Center Drive
Third Floor
Miami Beach, PI- 33139
Ile: Invitation to bid No. 1lPP-59-OO/Ol
lleaovatiOD ofBayshOft Golf ColIne
ADswen to Bid Ouestlons
1. T.D.I. Intemational is aware of the extellSive survey work required for thi&
project. The $4,7S0.OO value in our bid covers the cost of rentals and
reproduction. 1be cost associated with the actual field survey work has been
included in the project overhead and subsequently spread over the IOtal cost of
the project_
2. There is a reversal error in our bid proposal. Topsoil managemem should read
S1.00/cu. yd. for 66,708 cu. yd. Much of this value covers the cost to snip the
existing Bermuda and organic mat and bury this material at suitable locations
throughout the site.
3. The 4" green oudet lines are minimal in length as they are 10 connect inlO a
c1eanout which then transports the water through a 12" or IS" line. The 4500
ft value for 4" solid pipe under bunker construction covers the total project
quantity for 4" solid piping.
4. T.D.I. lDtemational acknowledges that four applications of round up will be
applied. Further, as identified in response #2. most of the existing turf will be
stripPed and buri"ed along with the organic mat. This cost is included in
IOpsoil managemenL
5. Please refer 10 Itemized F.OyOSal Fenn Baysbore Golf Course Landscape
Architecture Component. Yes, our proposal includes S09& of plant material.
1009& of sod. hardscape and 'miscenaneous items'.
1m
1lI'I'IIlM411ONAL
9~..of9clf
Renovllioa of Bl.yme Golf Course
Answers to Bid Qaeftiooas
Page2of2
6. In order to produce our bid, it was assumed dlat consultants Arcadis Geraghty
&. Miller had electrical and hydrogeological information when developing the
design parameterS of the horizontal well system as no hydrogeological and
electrical information was provided to bidders. T.D.I. International put full
re1ianc:e that these design parameters have been modeled by the consultants to
I!I'ISUIe a system that meets the cUents requirements.
Working with these limitations. T.D.I. International endeavored to develop the
Ile("esnry conclusions required for a competitive bid. T.D.L International
secured pricing for the pipe instal1ation from Dewind Trenching and
Dewatering, a leader in horizontal weU installation. All other components
necessary for the installation of the wells (8) and its components have been
sourced through individual contractors. We found this provided a substantial
cost saving over the bids received for turn key installation.
7. Please refer to itemized Proposal Form Bayshore Golf Course T .JIntl~'Ipe
Architecture Component, tine item rip rap. Yes, this value includes rip rap as
shown in the documents.
Sincerely.
ATIONAL.INC.
'Ider
TD.!. ImeramOlll!, Inc. GC:dj
"555 Orchard HiIJ. PiKe.
Suiw600
Novi, ~k\o;p' 48375
Tel: (248) .71-4750
Fox: (800) 330-5981
Stuart, Florida:
(561) :!lit U22
Toronto. Onurio:
(519) 763-3130
WW'W.tdi....,;l~fltOlf.c:.am
admiIlOtdi-builclenofaolf.com
BAYSHORE GOLI' COURSE BID QUEmONS
1. Confirm the IlUIIIber for layout and _Irillg. There is exteosive work in this area
which requires significant surveying and layout. Is this survey work included in
other earthwork and site prep line items?
2. Confirm the quantity for top soil management. There is a discrepancy from the
estimated amount and other bidders' quantities.
3. There are two line items for non-perforated PVC pipe. One shows a zero qumtity
and the other shows 4500 linear feet. Other bidders and the estimate called for
two different line items, one for green construction, the other for bunker
construction. Is the bid including all non-perforated pipe, for bunkers and greens,
in one single line item?
4. The value for round-up applications is extremely low and not in line with the
estimate or other bidders. Please confirm that the required four applications for
the entire course can be made with the amount shown in the bid. Is some of the
round-up cost included in the different soil line items and treatment?
5. Confirm that the landscape lump sum includes all the furniture, signs and
markers, etc. as shown on the documents and not fifty percent only. The fifty
percent requirement was intended only for the trees and plantings.
6. The line item for horizontal wells, complete, is not in line with the estimate or the
other bidders. Please confirm that all horizontal wells (8) and its components,
fabrication and testing requirements are included in the bid as described in the
documents.
7. Please confirm that the line item value for rip-rap covers all the requirements
shown in the documents and as discussed during the bid period. It appears to be
too low and not in line with the project estimate.
i
I
CITY OF MIAM. BEACH
1700 CONVENTION CEHI'Ell DRIVE, MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.ft.lII
~
PROCUREMENT DIVISION
Tw..... (305) 673-7.
.......d...n. (305) 673-7151
INVITATION TO BID NO. 51 00101
NOnCE TO CONTRACTORS
Sealed bids will be received by the City of Miami Beach Procurement Director, 3rd
Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on
the 5th day of October, 2001 for:
Renovation of Bayshore Golf Course
Scope of Work: The WORK consists of renovating an existing eighteen hole golf
course, including but not limited to the following site work. The Work includes rebuilding
and building greens, tees, and sand traps, (bunkers) lake alterations; including
expansion, filling and dredging, installation of perforated and non-perforated drainage,
installation of irrigation and all accompanying utilities and materials, installation of
concrete cart paths, coordination and installation of landscape and accompanying
materials, relocation of elevated light fixtures, demolition, removal, or burial of materials
existing on site, and the installation of signage and paving, in accordance with the
Contract Documents. Project Location: 2301 Alton Road, Miami Beach, FL 33140.
Minimum Requirements: Prospective Bidder (General Contractor) must have
minimum of 5 years experience in providing similar type/size scope of work as indicated
in the Technical Specifications.
At time, date, and place above, bids will be publicly opened. Any bids or proposals
received after time and date specified wiD be returned to the bidder unopened. The
responsibility for submitting a bid/proposal before the stated time and date is solely and
strictly the responsibility of the bidder/proposer. The city is not responsible for delays
caused by mail, courier service, including U.S. Mail, or any other occurrence.
A Pre-Bid Conference will be held at 10:00 a.m. on September 21, 2001 at the
Bayshore Golf Course Clubhouse located at 2301 Alton Road, Miami Beach, FL
33140.
[ X ] Attendance at the Prebid Conference is highly encouraged and recommended
as a source of infonnation but is not mandatory.
A Bid Bond of five (5%) percent of the bid amount will be required. The successful
bidder will be required to fumish Perfonnance and PaYment Bonds, each in the amount
of one hundred (100%) percent of the Contract amount.
The City has contracted with DemandStlu by Onvla as our electronic procurement
service for automatic notification of bid opportunities and document fulfillment We
encourage you to participate in this bid notification system. To find out how you can
BID NO: 59-00101
DATE: 9/17/01
CITY OF MIAMI BEACH
7
receive auIIomdc bid ftOIIIIcdons or to obtain a copy cI this Bid, go to
www.demandsUr.com or call tot..,... 1-800-711-1712, and request Document
lJ5t3. Subealblng to DemandSW by a.m.'. bid noIitIc8lIon system Is not a
requirement. You will atII be able to find bid Information and download docunents
through the Clty's website (httD:lld.mlami-beach.t1.us. From the Clty's home page, dick
on Index. scroll down to Slds, RFPs, RFQs, etc., click on BId Information and BId
Status, double click on OrrJer (Actions Column), and double dick on Download
documents for a fee. You will be charged an administrative fee of $5.00 to download
this document. PIIIns are available for this bid but must be ordered through T-
Square Miami. The attached order form on page 9 of the Bid package must be
completed and retumed to T -Square Miami before prospective bidders will receive
requested plans and specifications.
Any questions or clarifications conceming this Invitation to Bid shall be submitted in
writing by mail or facsimile to the Procurement Department, 1700 Convention Center
Drive, Miami Beach, FL 33139 FAX: (305) 673-7851. The Bid title/number shall be
referenced on all correspondence. All questions must be received no later than ten (10)
calendar days prior to the scheduled Bid opening date. All responses to
questions/clarifications will be sent to all prospective bidders in the form of an
addendum.
The City of Miami Beach reserves the right to accept any proposal or bid deemed to be
in the best interest of the City of Miami Beach. or waive any informality in any proposal
or bid. The City of Miami Beach may reject any and all proposals or bids.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
"CONE OF SILENCE, .. IN ACCORDANCE WITH ORDINANCE NO. 99-3164. A
COPY OF ALL WRITTEN COMMUNICATlON(S) REGARDING THIS BID MUST BE
FILED WITH THE CITY CLERK.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO
THE "CODE OF BUSINESS ETHICS" ("CODE"), IN ACCORDANCE WITH
RESOLUTION NO. 2000-23879.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
CITY OF MIAMI BEACH DEBARMENT ORDINANCE NO. 2000-3234.
CITY OF IIIAIII BEACH
p~
(. ,::'
Gus Lopez, CPPO
Procurement Director
BID NO: 5t-001l11
DATE: 9/17/01
CITY OF MIAMI BEACH
8
C.O.D Order
T-8QUARE
ATnIsC&-DAV1LA
FAX- -. .....ft
PlIOUI III_12M IX. S20
CITY OF MIAMI BEACH
BID # 59-GO-Ol
AuIhorizIed by : Roma Martiaez Fu: 305.324.1040
~ One Docun....boIfront-End DocumenIa .8112- x 11-
PrIce per SQ.FI' $ .12ca" faU IizeI Ulhlze $ UO per lint copy ..45 seeoad copy Total
(MINIMUM ORDER FOR FREE DELIVERY $20.08 PER DELIVER)
COMPANYNAME: ORDER BY:
Bill to:
Credit Card #I
COD T-8qUllre AccdI 113204 Calh:_
V"':_ A.e'''_Master:_OtIIer:
EL date
In the name of:
Authorization signature
SIlip TO:
City
State
zip code
Pboae:_-_-_Fn:_ -_ -_ Contactna.e
Title
Received by:
Iblppecl by: UPS #I
Iblppecl by: UPS #I
FEDEX #I
Received by:
FEDEX #I
Nest clay air _ Nest day air laver _Gronnd _Second day air AM Secoed
air
Three day lelect HandU... cbarle $
Order received by T -Square: Title:
ANY QUESTION AT T -SQUARE PLEASE CALL 305-324-1234
ASK FOR: Ru8ty Jam.. . VP Production
Don Walker = Production Department
Jesus Luya = Production Dep.foll.,t
Veronica Lorza = Account Manager
Carmen Elena Davila = Sales Manager
= Ext. 202
= Ex!. 224
= Ex!. 224
= Ex!. 230
= Ex!. 320
H you already have account with T -Square please used your account
# to place order. -
Thank you for your business.
BID NO: 59-00/01
DATE: 9/17/01
CITY OF MIAMI BEACH
9
00100.
1. General The following Ins1ructIons and those set forth In SectIon 00300 herein
are given for the purpose of guiding BIdder8 In properly preparing their bids.
Such instructions have equal forte and weight wIIh OCher portions of the Cu.tbcd
Documents and strict compliance is required wIIh all the provisions contained In
the Instructions. Bidders shall nol8 that various paragraphs within these bid
documents have a [ ] box which may be checked. If the box Is checked. the
language is made a part of the bid documents and compliance therewith is
required of the Bidder; if the box is not checked, the language is not made a part
of the bid documents.
2. Scooe of Work: The WORK consists of ranovatlng an existing eighteen hole golf
course, Including but not limited to the foliowing site work. The Work includes
rebuilding and building greens, tees, and sand traps, (bunkers) lake alterations;
including expansion, fiiiing and dredging, instaliation of perforated and non-
perforated drainage, instaliation of Irrigation and all accompanying utilities and
materials, Installation of concrete cart paths, coordination and installation of
landscape and accompanying materials, relocation of elevated light fixtures,
demolition, removal, or burial of materials existing on site, and the instaliation of
signage and paving, in accordance with the Contract Documents.
3. Location ofWor1<: 2301 Alton Road, Miami Beach, FL 33140.
4. Abbreviations and Svmbols: The abbreviations used throughout the Contract
Documents are defined hereinafter in the Technical Specifications. The symbols
used in the Plans are defined therein.
BID NO: 59-4I0I01
DATE: 9/17/01
CITY OF MIAMI BEACH
10
00200. DEFINITIONS:
1.' DelllIlllon8: Whenever the foIowfng terms or pronouns In place rI them appeer
In the Project Manuel. the Intent and meaning shall be Interpleted 88 follows:
1.1. BIdder: Any Inclvlduaf. finn, or COlpolatlon 8UbmlttIng a bid for this
Project, acting d1recl1y or through a duly authorized representative.
1.2. Change Order: A w,lltleil doclnent ordering a change In the Contract
Price or Contract Time or a material change In the Work.
1.3. City: The City (or Owner) shall mean the City of Miami Beach, a Florida
municlpal corporation, having Its principal offices at 1700 Convention
Center Drive, Miami Beach, Florida 33139, which is a party hereto and
lor for which this Contract Is to be perfonned. In all respects hereunder,
City's perfonnance is pursuant to City's position as the owner of a
construction project. In the event City exercises Its regulatory authority
as a governmental body, the exercise of such regulatory authority and
the enforcement of any rules, regulations, laws and ordinances shall be
deemed to have occurred pursuant to City's regulatory authority as a
governmental body and shall not be attributable In any manner to City
as a party to this Contract.
1.4. City Commission: City Commission shall mean the governing and
legislative body of the City.
1.5. City Manager: City Manager shall mean the Chief Administrative Officer
of the City.
1.6. Consultant: Architect or Engineer who has contracted with City or who
Is an employee of City, to provide professional services for this Project.
iIlii:..--.:1-'~".'''''';;;>"~'''rit'''~'YL:l'k~'':-"!iS'1:=;.ir~ai'b8
"l~never",~. , . ,__,' ,_ ~1Ql!"_.i!\IUAI'!!I'1I"". ",II
~jJ:iieCttp~~"".' . '.::", :~:',:-~~the
~~on .f.Irojecl.,i.i! '. _ '., .,..'
1.7. Contract: The part or section of the Contract Documents addressing
some of the rights and duties of the parties hereto, Including but not
limited to contract time and liquidated damages.
1.8. Contract Documents Clarification: (Not Applicable)
1.9. Contract Administrator: The City's Contract Administrator shall mean
the Individual appointed by the City Manager who shall be the City's
authorized representative to coordinate, direct, and review on behalf of
the City, all matters related to the Project.
BID NO: 5!1-OO101 CITY OF MIAMI BEACH
DATE: 9/17/01 11
1.10. eu.....A DocunenIs: The Project MenualIndudIng 4_.JInga (plana)
and specItIc8IJona, the NoIlce for BIds, Addend8, I fIIf'/, to the Project
Manual, the BId Tender Form, the record of the awenI by the CIty
Convnlsslon, the Performance Bond and payment Bond, the NotIce of
Award, the NoIIce(s) to Proceed, the Purchase Order, Chenge Orders.
FIekI Orders, SUpplemental Instructions. and any ackIIllon8I cIocuments
the submission of which Is required by this Project Manual, are the
cIocuments which are coIIectIYely referred to as the Contract
Documents.
1.11. Contract Price: The original amount established in the bid submittal and
award by the City. as may be amended by Change Order.
1.12. Contract Time: The original time between commencement and
completion, including any milestone dates thereof, established in
Article 2 of the Contract, as may be amended by Charge Order.
1.13. Contractor: The person, finn, or corporation with whom the City has
contracted and who is responsible for the acceptable performance of
the Work and for the payment of all legal debts pertaining to the Work.
All references In the Contract Documents to third parties under contract
or control of Contractor shall be deemed to be a reference to
Contractor.
1.14. Field Order: A written order which orders minor changes in the Work but
which does not involve a change in the Contract Price or Contract Time.
1.15. Final Completion: The date certified by Consultant in the Final
Certificate of Payment upon which all conditions and requirements of
any pennits and regulatory agencies have been satisfied; any
documents required by the Contract Documents have been received by
Consultant; any other documents required to be provided by Contractor
have been received by Consultant; and to the best of Consultant's
knowledge, information and belief the Work defined herein has been
fully completed in accordance with the tenns and conditions of the
Contract Documents.
1.16. Inspector: An authorized representative of Consultant or City assigned
to make necessary inspections of materials fumished by Contractor and
of the work performed by Contractor.
1.17. Materials: Materials incorporated in this Project, or used or consumed
in the performance of the Work.
BID NO: 59-00101 CITY OF MIAMI BEACH
DATE:~IYOI 11
i
I
1.18. NoIIce(s) to Proclld: WrttlBn notice to Col.1n1dor auIhortzIng the
commencement d the activities identified In the notice or as d68c01bed
In the Contract Documents.
1.19. Plans and/or Draw:I1gs: The oftIcIal graphic represelltations of this
Project which are a pert of the Project Manual.
1.20. Program Manager: R
South Ponelana Boulevard. Miami Sprlnas. Florida 33186
1.21. Project: The construction project described in the Contract Documents,
including the Work described therein.
1.22. Project Initiation Date: The date upon which the Contract Time
commences.
1.23. Project Manual: The official documents setting forth bidding infonnatlon
and requirements; contract fonn, bonds, and certificates; General and
Supplementary Conditions of the Contract Documents; the
specifications; and the plans and drawings of the Project.
1.24. Resident Project Representative: An authorized representative of
Consultant or Program Manager assigned to represent Consultant or
Program Manager on the Project.
1.25. Subcontractor: A person, finn or corporation having a direct contract
with Contractor including one who fumishes material wori<ed to a
special design according to the Contract Documents, but does not
include one who merely fumishes Materials not so worked.
1.26. Substantial Completion: The date certified by Consultant when all
conditions and requirements of pennits and regulatory agencies have
been satisfied and the Work is sufficiently complete in accordance with
the Contract Documents so the Project is available for beneficial
occupancy by City. A Certificate of Occupancy or Certificate of
Completion must be issued for Substantial Completion to be achieved,
however. the issuance of a Certificate of Occupancy or Certificate of
Completion or the date thereof are not to be detenninative of the
achievement or date of Substantial Completion.
1.27. Surety: The surety company or Individual which is bound by the
perfonnance bond and payment bond with and for Contractor who is
primarily liable. and which surety company or individual is responsible
for Contractor's satisfactory perfonnance of the work under the contract
BID NO: 59-00101 CITY OF MIAMI BEACH
DATE: 9/17101 13
I
I
,I
end for the payment d ell debts perteInIng '*"to in eccordance with
SecIIon 255.05, FIortd8 Statutes.
1.28. Wortc The construcIIon end services requhd by the Contract
Ooa.Iments, whether completed or pertI8IIy completed, end Includes ell
other labor. meterlell, equipment end services provided or to be
provided by Contractor to fulfill Contractor'I obIlget1ons. The Wen may
constitute the whole or a part of the project.
BID NO: 59-410/01 CITY OF MIAMI BEACH
DATE:~I~OI 14
00300.
1. examination of ConIrac:t DocumenlB and ~Ite: It Is the responsibility of each
Bidder before submitting a BId. to:
1.1. ExamIne the Contract Documents thoroughly,
1.2. VIsit the site or structure to become familiar with conditions that may
affect costs. progress, performance or furnishing of the Work,
1.3. Take Into account federal, state and local (City and Miami-Dade
County) laws. regulations, ordinances that may affect costs, progress.
performance, furnishing of the Work. or award.
1.4. Study and carefully correlate Bidder's observations with the Contract
Documents. and
1.5. Carefully review the Contract Documents and notify Consultant of all
conflicts. errors or discrepancies In the Contract Documents of which
Bidder knows or reasonably should have known.
The submission of a Bid shall constitute an incontrovertible representation by
Bidder that Bidder has complied with the above requirements and that without
exception, the Bid is premised upon perfonning and furnishing the Work required
by the Contract Documents and that the Contract Documents are sufficient in
scope and detail to indicate and convey understanding of all tenns and
conditions for perfonnance and furnishing of the Work.
2. Pre-Bid Intemretations: Only questions answered by written Addenda will be
binding. Oral and other Interpretations or clarifications will be without legal effect.
All questions about the meaning or intent of the Contract Documents are to be
directed to the City's Procurement Director in writing. Interpretations or
clarifications considered necessary by the City's Procurement Director In
response to such questions will be issued by City by means of Addenda mailed
or delivered to all parties recorded by the City's Procurement Director as having
received the Bidding Documents. Written questions should be received no less
than ten (10) calendar days prior to the date of the opening of Bids. There shall
be no obligation on the part of City or the City's Procurement Director to respond
to questions received less than ten (10) calendar days prior to bid opening.
BID NO: 59-80/01
DATE: 9/17/01
CITY OF MIAMI BEACH
15
3. ~: All bId8 must be rec:eIved In the Procurement DMsIon, CIty of
Miami Beach, 1700 ConventIon Center DrIve, third Floor. Miami Beach. FIorlda
33139, bebe the time end defe apecIfted for bid opening, enclosed In 8 sealed
envelope,legIbIy marked on the oul8Ide:
BID FOR: RENOVATION OF BAYSHORE GOLF COURSE
BID/CONTRACT NO.: 59-00101
4. Printed Form of Bid: All bids must be made upon the blank BldlTender Form
included herein and must give the price in strict accordance with the instruclions
thereon. The bid must be signed and acknowledged by the Bidder in accordance
with the directions on the bid form.
5. Bid GuarantY. All bids shall be accompanied by either an original bid bond
executed by a surety company meeting the qualifications for surety companies
as specified in Section 5, General Conditions, or by cash, money order, certified
check, cashier's check, Bid Guaranty Form, Unconditional Letter of Credit (Form
00410), treasurer's check or bank draft of any national or state bank (United
States), in an amount equal to five percent (5%) of the total base bid amount,
payable to City of Miami Beach, Florida, and conditioned upon the successful
Bidder executing the Contract and providing the required Performance Bond and
Payment Bond and evidence of required insurance within fifteen (15) calendar
days after notification of award of the Contract. A PERSONAL CHECK OR A
COMPANY CHECK OF A BIDDER SHALL NOT BE DEEMED A VALID BID
SECURITY. Security of the successful Bidder shall be forfeited to the City of
Miami Beach as liquidated damages, not as a penalty, for the cost and expense
incurred should said Bidder fail to execute the Contract, provide the required
Performance Bond, Payment Bond and Certificate(s) of Insurance, -within fifteen
(15) calendar days after notification of the award of the Contract, or failure to
comply with any other requirements set forth herein. The time for execution of
the Contract and provision of the Performance Bond, Payment Bond and
Certificate(s) of Insurance may be extended by the City's Procurement Director
for good cause shown. Bid Securities of the unsuccessful Bidders will be
retumed after award of Contract.
6. AcceDtance or Reiectlon of Bids: The City reserves the right to reject any or all
biEls prior to award. Reasonable efforts will be made to either award the Contract
or reject all bids within ninety (90) calendar days after bid opening date. A Bidder
may not withdraw its bid unilaterally nor change the Contract Price before the
expiration of ninety (90) calendar days from the date of bid opening. A Bidder
may withdraw its bid after the expiration of ninety (90) calendar days from the
date of bid opening by delivering written notice of withdrawal to the Purchasing
Division prior to award of the Contract by the City Commission.
BID NO: 59-OO1l11
DATE: 9/17/01
CITY OF MIAMI BEACH
16
7. Det8nnlnatIon of Award; The CIly CommIulon Ih8II award the contI'8ct to the
lowest and belt bidder. In detennlnklg the lowest and belt bidder, In adcIIIon to
prIc::e, there 8h8II be coneIdered the following:
a. The ability, capacity and ski of the bidder to pedonn the Contract.
b. Whether the bidder can peIform the Contract wIIhln the time specified,
without delay or interference.
c. The character, integrity, reputation, judgement, experience and
efliciency of the bidder.
d. The quality of performance of previous contracts.
e. The previous and existing compliance by the bidder with laws and
ordinances relating to the Contract.
8. EvaluatlQIt An interim performance evaluation of the successful Contractor may
be submitted by the Contract Administrator during construcllon of the Project. A
final performance evaluation shall be submitted when the Request for Final
Payment to the construction contractor is forwarded for approval. In either
situation, the completed evaluatlon(s) shall be forwarded to the City's
Procurement Director who shall provide a copy to the successful
CONTRACTOR. Said evaluation(s) may be used by the City as a factor in
considering the responsibility of the successful CONTRACTOR for future bids
with the City.
9. Contract Price: The Contract Price is to include the fumishing of all labor.
materials, equipment including tools. services. permit fees, applicable taxes,
overhead and profit for the completion of the Work except as may b6 otherwise
expressly provided in the Contract Documents. The cost of any item(s) of Work
not covered by a specific Contract unit price or lump sum price shall be included
in the Contract unit price or lump sum price to which the item(s) is most
applicable.
10. PostDOnement of Date for Presentina and Ocenlna of B~: The City reserves
the right to postpone the date for receipt and opening of bids and will make a
reasonable effort to give at least seven (7) calendar days written notice of any
such postponement to each prospective Bidder.
11. Qualifications of ~idders: Bids shall be co~idered only from firms nannally
engaged in performing the type of work specified within the Contract Documents.
Bidder must have adequate organization. facilities. equipment, and personnel to
ensure prompt and efficient service to City. -
In determining a Bidder's responsibility and ability to perform the Contract, City
has the right to investigate and request information concerning the financial
condition. experience record. personnel. equipment. facilities. principal business
BID NO: 59-00/01
DATE:9ft7/'t
CITY OF MIAMI BEACH
17
location and organIzaIIon of the BIdder. the Bidder's I'8CClRI with environmental
regulations. and the d8Im8IIIIIgatIo history of the BIdder.
12. ~ and Moc;IftcatIons: The City aha. make I888Ol'l8bIe efforts to Issue
8ddenda within sewn (7) calend8r days prior to bid opering. All 8ddend8 and
other modifications made prior to the time and date of bid opening shall be
Issued as separate documents identlfled as changes to the Project Manual.
13. Prevalllna Waae Rates: City of Miami Beach Ordinance No, 94-2960 provides
that In all non-federally funded construction contracts In excess of one million
dollars to which the City of Miami Beach is a party, the rate of wages and fringe
benefits, or cash equivalent. for all laborers. mechanics and apprentices
employed by any contractor or subcontractor on the work covered by the
contract. shall not be less than the prevailing rate of wages and fringe benefit
payments or cash equivalence for similar skills or classifications of work, as
established by the Federal Register, in the City of Miami Beach, Florida. The
provisions of this Ordinance shall not apply to the following projects:
a. water, except water treatment facilities and lift stations;
b. sewer, except sewage treatment facilities and lift stations;
c. storm drainage;
d. road construction, except bridges or structures requiring pilings;
and
e. beautification projects, which may Include resurfacing new curbs,
gutters, pavers, sidewalks, landscaping, new lighting, bus shelters,
bus benches and slgnage.
14. Occuoational Health and Safetv: In compliance with Chapter 442. Florida
Statutes, any toxic substance listed In Section 38F-41.03 of the Florida
Administrative Code delivered as a result of this bid must be accompanied by a
Material Safety Data Sheet (MSDS) which may be obtained from the
manufacturer. The MSDS must include the following Information:
14.1. The chemical name and the common name of the toxic substance.
14.2. The hazards or other risks In the use of the toxic substance, Including:
14.2.1. The potential for fire. explosion, corrosion, and reaction;
14.2.2. The known acute am chronic health effects of risks from
exposure, including the medical conditions which are
generally recognized as being aggravated by exposure to
the toxic substance; and
14.2.3. The primary routes of entry and symptoms of overexposure.
BID NO: 59-00101 CITY OF MIAMI BEACH
DATE:~I~OI 18
,I
14.3. The proper precautions, handing praGtIces, necesl8l'Y pellClll8I
protec:tIve equipment, and oCher safety precaulIons In the use of or
exposure to the toxic substances, Including appropriate emergency
treatment In case of overexposure.
14.4. The emergency procedure for spills, fire, disposal, and first ald.
14.5. A description In lay terms of the known speclfic potential health risks
posed by the toxic substance Intended to alert any person reading this
information.
14.6. The year and month, if available, that the irlormatlon was complied and
the name, address, and emergency telephone number of the
manufacturer responsible for preparing the Information.
15. Environmental Reaulations: The CIty reserves the right to consider a Bidder's
history of citations and/or violations of environmental regulations in investigating
a Bidder's responsibility, and further reserves the right to declare a Bidder not
responsible if the history of violations warrant such determination in the opinion
of the City. Bidder shall submit with its Bid, a complete history of all citations
and/or violations, notices and dispositions thereof. The nonsubmission of any
such documentation shall be deemed to be an affirmation by the Bidder that
there are no citations or violations. Bidder shall notify the City immediately of
notice of any citation or violation which Bidder may receive after the Bid opening
date and during the time of performance of any contract awarded to it.
16. "Or Eaual" Clause: Whenever a material, article or piece of equipment is
identified in the Contract Documents including plans and specifications by
reference to manufacturers' or vendors' names, trade names, catalog numbers,
or otherwise, City, through Consultant, will have made its best efforts to name at
least three (3) such references. Any such reference is intended merely to
establish a standard; and, unless it is followed by the words "no substitution Is
permitted" because of form, fit, function and quality, any material, article, or
equipment of other manufacturers and vendors which will perform or serve the
requirements of the general design will be considered equally acceptable
provided the materials, article or equipment so proposed is, in the sole opinion of
Consultant, equal in substance, quality and function.
ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S
PROCUREMENT DIRECTOR, WHO SHALL FORWARD SAME TO
CONSULTANT.
17. Protested Solicitation and Award: Bidders that are not selected may protest any
recommendations for Contract award by sending a formal protest letter to the
BID NO: 59-00101
DATE: 9/17/01
CITY OF MIAMI BEACH
19
Procurement OIIedor, which Iett8r nut be received no Iat8r than tIve (5)
calendar days after award by the CIty Commission. The Procurement Director
wID notify the protester of the cost and time I18C88lary for a written reply, and an
costs accruing to an award challenge shan be assumed by the protester. Any
protests received after five (5) calendar days from ConIract award by the City
Commission win not be considered, and the basis or bases for said protest shall
be deemed to have been waived by the protester.
BID NO: 59-00/01
DATE: 9/17101
CITY OF MIAMI BEACH
20
..~
' l-vl
wn:RNA11ONAL
Bu'1der!; of Golf
TOL International, Inc,
39555-0rchard Hill Place,
Suite 600
Novi, Michigan 48375
TeH248) 471-6750
Fax, 18001 330,5981
Stuart, Florida,
56\) 286.6822
Toronto, Ontario:
519' 763.3130
admin@tdi.builde..ofgolf.com
VlVI"', tdi. builderwfgolf .com
October 9. 2001
Procurement ~ivision
City of Miami Beach
1700 Convention Center Drive
Third Floor
Miami Beach, FL 33139
Re: Invitation to bid No. RFP.S9.00/01
Renovation or Bavshore Golf Course
Please accept the attached proposal for the remodeling of Bayshore Golf
Course.
T.O.I. International, Inc. is considered by the industry to be the leading
remodeling contractor. We have completed over 500 remodeling
projects, specifically 25 projects designed by Arthur Hills/Steve Forrest
& Associates.
We have reviewed the site and bid documents in order to present a
detailed proposal. I trust that our proposal will be reviewed thoroughly
and favorably.
We are available to meet the City and its representatives at their
convenience.
Sincerely,
T.O.!. International Inc.
Certified Builder
Per
GC:jo
Enclosure
00400. ~:
SUbmIItIIcI:
October 9, 2001
c.ee
CIty of MIemI elich, FlorIda
1700 ConvenlIon Center DrIve
Miami Beach, Florida 33139
The undersigned, as Bidder, hereby decIants that the only persona Interested In this bid
as principal are named herein ancIthat no person other than herein mentioned has any
Interest In this bid or In the ContnIGt to be entered Into; that this bklls made without
connection with any other person, firm, or parties making a bid; and that it Is, in all
respects, made falrty and In good faith wlIhout collusion or fraud.
The Bidder further declares that It has examined the site of the Work and informed IIseIf
fully of aft conditions pertalnlng to the place where the Work Is to be done; that It has
examined the Contract Documents and all addenda thereto fumlshed before the
opening of the bids, as acknowledged below; and that It has satisfted Itself about the
Work to be performed; and that It has submitted the required Bid Guaranty; and all other
required Information with the bkl; and that this bid is submitted voluntarBy and willingly.
The Bidder agrees, if this bIcIls accepted, to contract with the City, a political subdivision
of the State of Fiorlda, pursuant to the terms and conditions of the Contract Documents
and to furnish aI necessary materials, equipment, machlnery, tools, apparatus, means
of transportation, and all labor n9Cestary to construct and complete within the time
limits specified the Work covered by the Contract Documents for the Project entitled:
The Bidder also agrees to fumlsh the required Performance Bond and Payment Bond or
alternative form of securtty, if permitted by the City, each for not less than the total bid
price plus alternates, If any, and to fumlsh the required Certlf/c:ate(s) of Insurance.
The undersigned further agrees that the bid guaranty accompanying the bid shal be
forfeited If Bidder falls to execute saki CoI.b eel, or falls to fwnI8h the required
Performance Bond and Payment Bond or falls to furnish the required Certlficate(s) of
Insurance within fifteen (15) caIencIar days after being notilIed of the award of the
Contract.
-
In the event of erIIhrnetIcaI errors, the BIdder 8gl als that Ihe8e errors are errors which
may be corrected by the CIty. In the event of . discrepancy between the prk:e bid In
figures and the price bid In words, the prk:e In words shall govern. BIdder agrees that
any unit price listed In the bid Is to be mulllpled by the stated quantity requirements In
order to arrive at the total.
BID NO, "...,.1
DATE' 'n7111
CITY OP MIAMI.UCH
2t
AcICnCMIllIgment II hII1Iby InIIde rA .. ""10 eddenda (u..aIIed by numIIer)
I'eCl8Ived Iince IlIlI&*'C>> rA Ihe Prvject MInuII:
Addenda 11'- Octob~r 2. 20D.! Add~nd~ .2 - nr~nh_r ~r 2nOl!
Add..nd. '1
- n,..~I"'i"..p Il\
.
?nnl.
.
Addenda '4
- O~t:obf!!r
8. 2001
Att8Ched is. Bid Bond [I), Cash ( ], Money Ofder [ ]. UncondlUonall.etter 01 Credt [ ].
Treasurer's Check [ ]. Bank Draft [ ]. Cashier's Check [ ]. or CertIfIed Check [ ]
~ ~oI ~
~e ~m ~ ~~
($
).
The Bidder shall acknowledge this bid by signing and completing the spaces provlded
below.
Name of Bidder:
T.D.I. International, Inc.
CIty/StatelZlp:
Novi, Michigan 48375
Telephone No.:
(248) 471-6750
SocIal Security
No. or Federal
I.D.No.:
38-3062491
Dun and
BradatreetNo.: 87-842-4308
[rt applicable)
If a pertnenhlp, names and addresses of pIIrtners:
BID NO:....I
DA'U:J117/11
CITY 0' MLUO BUCB
22
WITNESSES:
~an below If Incomarated)
ATTEST:
# ~;-~~~
Secretary
(CORPORATE SEAL)
(Type or PrInt Name of IkIder)
(Slgnebn)
(Type or Print Name SIgned Above)
T.D.I. International, Inc.
(Type or Print Name ofCorporatlon)
Geoff Corlett, President
(Type or Print Name Signed Above)
Incorporated uncIer the laws of the State of: Mi chi g a n
BID NO: .......1
DATI:: '117101
CITY QJr IIIIAMIBUCB
J3
.
-
.
BID BOND
KNOW ALl MEN BY THESE PRESENTS. lh8l_ T . D. r. rnternati...nal. roc.
.. p,~~, henIIl18flar called the PriolCipaf, and Liberty Mutual rosuraoc.. I"""lPany
a co.,.o..1k.n duly organized undar the Iaw8 of the Slal8 01 Massachua..tts
as Surely, herelnaIlar
called the Surety, are held and firmly bound unto City of Miami B..ach. Florida
as Obligee, hereinafter called the Obligee. in the sum of
5' of Amount Bid Dollars ($ 5' of Amount: Bid ),
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, joinUy and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for
Bay.hor.. Golf Cour.... Miami B..ach. Florida
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the OblIgee in
accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Dncuments with
good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in
the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the
Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such
larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this
obligation shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this
5th
day of
October
2001
(WItness)
(Seal)
(TItle) .
Corlett, Presirlent
Insurance Comcanv
(Surety) (Seal)
(TItle)
Attorn..y-in-pact:
PrtnlIdIn ~lIonwltll ""'_I_af_(AlA)by""'CNA_~Iies.
The ~ In this document ~,r...._ exaclIy to "'" ~ UMCI in AlA Doc::ument A310 - BId _ - Februafy 1970 Edition.
'"'" POWER OF ATTORNEY 18 NOT VAUD UNLESS rr 18 PRINTED ON lIED BACKGROUND.
651286
TIlle ~ of Altomey IlInIIa .. act of __ __IIeraIn, and .., '- 110 aulhartIy lit bind tha Con ~ Inr 8IlIllIpt In ..
____ and lD tha utIInt ........ ......
LIIIER1Y IIUTUAL INSURANCE COMPANY
BOSTON,IIA88M:HU8ErT8
POWER Of AnoRNEY
ICNOW AU. PERSONS BY THESE ~: lhat..I.I!WtJ........ ........~. (1he "Company"), a Massachusells
muluII InIuranoa company, pInlI8nt to .llrid.. by a~of" ~Iaw and AuIhorizaIIon 1MiNlr~-. set fortti, does henIby name,
co. I~" and appoint, DAVll) C. l..AMCH!, ALAN W.PETERSQN, ANGEl.O G..2ERVOS, ~E. ZERVos,
St EJlIIEN II. ZERVOS, JENNIFER II. LAzORISHCHAK, HOLLY NICHOLS, STEPHEN E. SCHURR, ALL OF THE CITY
OF' SOIJTHFIELD, STATE". OF 1ItCtIGAN....-..-...................-...._.....__...:....................._..._.....~..._......................._..._
......--...............................................................................................-......-..................................................................-.......-
...............-.............................-..........................-..................................................................................................................
.........--..........................................................................................................-...........................................................-..........
. eedI indMduaJly n there be more than one named. its true and lawlul. allomey-in-facllO mal<e. execute, ..... acf<nowIedge and detiYer. lor and on ita
_ as surely and as its act and _; any and aU undertakings, _, recognizances and other surely obIigatioo IS in the penal sum not .-ng
FIFTEEN M!Y.!QN AND OQ/1oo DOlLARS ($ 15.ClOO.ClOO.ocr-o ) each. and the execution 01 such bonde or
..-;nge. in pursuance of the88 presents, shall be as binding upon tile Company as W they had been duly signed by the president and _ by _
the secretary of the Company in _ own proper persons. :
i ThaI thos power is made and executed pursuant to and by authority of the IoIIowing By-law and Authorization: i
, ARTICLE XVI - Execution 01 Contracts: SaclIon 5. Surety Bonds and UnderIaJdngs. ii
~-',l' Iont oIIIcer or other oIIIciaJ 01 the company authorized lor the! purpoee in writing by the chainnan '" the president. and subject III such j
IImilations as tile chairman or the presidenl may presa ibe. shall appoint such attomeys-in-facl, as may be necessary to act in _ 01 the >-
I company to make, execute. seal. adcnowtedge and deliver as SUrety any and all undertaJdngs, bonde. recognizances and other surety c
.I! -
obligations. Such attorneys-in-fact. subject 10 1tle Nmitations set forth in their respecIive _ 01 attomey. shaJI have IutI power to bind the
; ! company by their signature and execution of any such inslruments and to attach lhereto the seal 01 the company. When so exec:uted such 'i...15
! aI inelruments shall be as binding as n signed by the president and attested by the secretary. <l
'.! ~
) _ By IIl8Io11owing instrument tile cIlainnan or the president has authorized the oIIicer or oilier oIIIciaJ named therein to appoint attomeys-in-facl: i! -;;:
- ~E
; :>0 Pursuant to Article XVI, Section 5 01 the By-taws, Assistant Secretary Gamet w. EIIiotI is hereby authorized to appoinl such attomeys-in-lael .2 Cl..
: ii as may be necessary 10 act in behaII 01 the company 10 make. execule, seal, acf<nowIedge and deliver as surely any and all under1aldngs, - 0 .
~ ::J bonde, recogniZances and other surety obligations. C <:!
l i ThaI the By-law and the Authorization -'e set Ior1h are true copies thereof and are now in lull force and eII...t 01 :;
I! C
: ~ IN WITNESS WHEREOF. this inslrumenl has been __ by its authorized oIIicer and the corporate seal 01 the said Liberty Mutual Insurance -
i ~ Company has been affixed ~~,~in Plymouth Meeting. Pennsylvania this 11th day of May . 2ClOO. ILl
~ :'.0" LIBERTY MUTUAl INSURANCE COMPANY i ~ .
fI....€-:~L~-t6 ilCl>:
: S COMMONWEAlTH OF PENNSYLVANIA as ::
! I! COUNTY OF MONTGOMERY !! 8 '
J:h tiD
: 5! On thos 11 th Mav ,A.D. 2000, before me, a Nolary Public. personally came the indIvicMI. known to t:'"
! Ii me to be 1he therein and oIIicer 01 Liberty MutualIn8!nnce Company Who e_ the pr8C8dil'll in8lrumen\, and he .,..,.",....,. eN
. l: god _ he executed the seal. affixed to the said prec:edII'g in8lrumen\ is... corporate - of said.compeny; and the! said corponlta 1 ~
: B ..... and his signatu duly affixed and subecribed 10 the said inSlnn1enI by authority and chcIIon 01 the said company. l;
. ..
IN TESTIMO sat,my hand ~.~ _;oIIiciaI~ at PiymcI.f MeeIIrIcJ, ~ theA'Y '!"l year first above _. {!.! .
* * '; ?;:."~~i.~:SH~E'~~S.:'~~,.2r. :>,_;~;'c:_ t ". ifl,nvN~- 7" y1./1 ,/1,1
~ ~ - : ---....,-:"_~.~.-,l;::' -"2"'~Or-I'''''i ':"'l..,n.",_,' NiOtiiyPublic.
~~L~~~_' t .,~.->-~'~.i~_~~ou~Z~~~~tE:__ _ . -
I. the undo' . 01 LilerIy _ InillilanCeCompany, do h8feby c:ertiIy the! lie orIQI!lliIpower 01 attomey 01_ the
foregoing is a lull. true copy, Ie in fuIllon:e and ellectOllIlw date cf thos certillceIe, and f do __ c:edIIy the! the olIIcer who exec:uted the
said power 01 attorney was one 01 the olIIcelS specially authorized by \118 chainnan '" the ~ d to appolnt any attomey In-facl as poovlded in Mic:le
XVI. SaclIon 5 01 the By-taws of L-.y Mutuallneurance Company.
TNe certIIIcate may be signed by facsimile under and by authority 01 the -.g _ 01 the _ 01 direclors of lJlerly Mutual insunnce
~ at a _ng duly caUed and held on the 12th day 01 Man:h. 1980.
VOTED the! the facsimile '" mechanIcaIy reproduced signaIur& 01 any _ IllCI'8lary 01 the company __ -""" upon a C8f1IIIed
copy of any power 01 atlomey _ by \118 company, shaH be valid and binding upon the company wIIh the same Ion:e and efIacl as
though manually afIlxed.
IN TESTIMONY WHEREOF, I have hereunto ~ my name and _ the corpond8 seal 01 the said company. this 5th day 01
Oct:ober 2001 . /i(}~\":. ()/ ,..",,/
'~~; ~~--
1MS _ OF A'lTOlINft MAY NOT" useD TO EXEctm!ANY IIOND wmt AII_.,(),l DATE AFTER IIav 11 ,10 02
T.D.L INTERNATIONAL, INC.
BUILDERS OF GOlf
00405. ITY F M N FE:
Pursuant to the Public Bid Disclosure Act, each license, permit or fee a Contractor will
have to pay the Cily before or during construction or the percentage method or unit
method of all licenses, permits and fees REQUIRED BY THE CITY AND PAYABLE TO
THE CITY by virtue of this construction as part of the Contrad is as follows:
[NOTE: List all City of Miami Beach licenses, permits and fees, and
the amount or percentage method of the licenses. permits and f..s.]
Plumbing: Irrigatlon system & underground sprinkler system, etc. $ 40.00
For all wells $ 320.00
Dade County Code Compliance Fee $ 690.00
Mechanical: Annuallnspections $ 200.00
Dade County Code Compliance Fee $ 18.00
Electrical: Rough Wiring Outlets $ 24.00
Subfeeds $ 72.00
Electrical outlets for motors $ 540.00
Dade County Code Compliance Fee $ 33.60
LICENSES, PERMITS AND FEES WHICH MAY BE REQUIRED BY
MIAMI-DADE COUNTY THE STATE OF FLORIDA, OR OTHER
GOVERNMENTAL ENTITIES ARE NOT INCLUDED IN THE ABOVE
LIST.
1.
Occupational licenses from City of Miami Beach finns will be required to
be submitted within fifteen (15) days of notification of intent to award.
Occupational licenses will be required pursuant to Chapter 205.065
Florida Statutes.
2.
NOTE: a) If the contractor Is a State of Florida Certified Contractor the
followlna will be reauired:
1) Copy of State Contractors Certification
2) Place of Business Occupational License
3) Liability and Property Damage Insurance Certificate made to City
of Miami Beach
4) Workers compensation or the exemption
b} If a Dade County Licensed Contractor:
I) Dade Certificate of Competency In tbe Discipline Licensed
2) Municipal Contractors Occupational License
3) Liability and Property damage Insurance
4) Workers Compensation or the exemption
BID NO: 59-00101
DATE: 9/17101
CITY OF MIAMI BEACH
24
I
COMPLETE ONLY ONE OF THE FOLLOWING:
4. (For amendments adopted by unanImous consent of Incorporators before the first meeting of the board of
dIrectors or trust_.)
The Ionlgoing amendment to the Articles of IIlCOIpOnIlion were duly adopted on the day of
. In accordance wlth the provi8lon8 of the Act by the unanimous consent of
the incorporator(s) before the first meeIIng of the Board of Directors or Trust_.
Signed this day of ,
(Signature) (SIgnature)
(Type or Print Name) (Type Of Prtnl Name)
(SIgnature) (Signature)
(Type Of Print Name) (Type Of Print Neme)
5. (For profit and nonprofit corporations whose Articles state the corporation Is organized on a stock or on a
membership basis.)
The foregoing amendment to the Articles of Incorporation were duly adopted on the day of
by the shareholders if a profit corporation, or by the shareholders or
members if a nonprofit corporation (check one of the following)
Oat a meeting the necessary votes were cast in favor of the amendment.
o by written consent of the shareholders or members having not less than the minimum number of votes required by
statute in accordance w~h Section 407(1) and (2) of the Act ij a nonprofit corporation, or Section 407(1) of the Act ij a profit
corporation. Written notice to shareholders or members who have not consented in writing has been given. (Note: W rillen
consent by less than all of the shareholders or members is permitted only if such provision appears in the Articles of
Incorporation.)
IBJby written consent of all the shareholders or members enti1Jed to vote in accordance w~h section 407(3) of the
Act ij a nonprofit corporation, or Section 407(2) of the Act if a profil corporation.
Dby the board of a profit corporation pursuant to section 611 (2).
Profil Corporations
Nonprofit Corporations
Signed this 20th
. 2000
Signed this
day of
By
By
office, or agent)
(SIgna.... 01 _~ V1co-P_~ Cbolrperoon or V1co-C/lalrperoon)
(Type or PrirlI Name)
(TYtM or Print rlll_)
T.D.I. INTERNAnONAL,INC.
BUIlDERS OF GOlF
00407. SCHEDUI.E OF PRICE~ ~D:
Consideration for Indemnification of CITY
ZQQ
[Xl Cost for compliance to all Federal and State requirements
of the Trench Safety Act*
[NOTE: If the brackets are checked or marked, the Bidder must fill out the
Trench Safety Act sheet, Page 59, Section 00540, to be considered
responsive,]
BID NO: 59-00101
DATE: 9/17101
CITY OF MIAMI BEACH
25
00410. ,BID GUARANTY-EQBM
YNCONI2ITIONAl.J&TTER OF CRED\!:
Benef!!aarv:
City of Miami Baach
1700 Convention Center Drive
Miami Beach. Florida 33139
Date of Issue
Issuing Bank's No.
ADoIIcant:
Amount:
in United States Funds
Expiring:
(Date)
Bid/Contract Number
We hereby authorize you to draw on
at
(Bank, Issuer name)
by order of and for the account
(branch address)
of
(contractor, applicant, customer)
up to an aggregate amount, in United States Funds, of
available by your drafts at sight, accompanied by:
1. A signed statement from the City Manager of the City of Miami Beach, or his
authorized representative, that the drawing is due to default in perfonnance of
obligations on the part of
agreed upon by and
(contractor, applicant, customer)
between City of Miami Beach, Florida and
(contractor, applicant, customer)
pursuant to the Bid/Contract No. for
(name of project)
Drafts -must be drawn and negotiated not later than
(expiration date)
Drafts must bear the clause: "Drawn under letter of Credit No.
of dated
(Bank name)
BID NO: 59-00/01
DATE: 9/17/01
CITY OF MIAMI BEACH
26
ThIs Letter 01 Credit sets forth in fuI terms of our undertaking, and such undertaking
shall not in any way be modified, amended, or amplified by reference to any docwnents,
Instrument, or agreement referred to herein or to which this Letter of Credit is referred or
~is Letter of Credit relates, and any such reference shall not be deemed to incorporate
herein by reference any document, instrument, or agreement.
We hereby agree with ~e drawers, endorsers, and bona tide holders of all drafts drawn
under and In compliance with the terms of this Letter of Credit that such drafts wit be
duly honored upon presentation to the drawee.
The execution of the Contract and the submission of the required Performance and
Payment Guaranty and Insurance Certificate by the
(contractor, applicant, customer)
shall be a release of all obligations.
This Letter of Credit is subject to the .Uniform Customs and Practice for Documentary
Credits,. International Chamber of Commerce (1993 revision). Publication No. 500 and
to the provisions of Florida law. If a conflict between the Uniform Customs and Practice
for Documentary Credits and Florida law should arise, Florida law shall prevail. If a
conflict between the law of another state or country and Florida law should arise, Florida
law shall prevail.
Authorized Signature
BID NO: 59-08101
DATE: 9/17/01
CITY OF MIAMI BEACH
17
T.D.I. INTERNATIONAL. INC.
BUILDERS OF GOLF
00500. SUPPLEMENT TO BII2lIEt!PER FORM:
THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE BID,
HOWEVER, ANY ADDITIONAL INFORMATION NOT INCLUDED IN THE
SUBMITTED FORM AS DETERMINED IN THE SOLE DISCRETION OF
THE CITY, SHALL BE SUBMITTED WITHIN SEVEN (7) CALENDAR DAYS
OF THE CITY'S REQUEST.
Q!)ESTIONNAIRE
The undersigned authorized representative of the Bidder certifies the truth and accuracy
of all statements and the answers contained herein.
1 . How many years has your organization been in business while possessing one of
the licenses, certifications, or registrations specified in Section 00405?
License/CertificationIRegistration
State of Florida - Underground Utility &
Excavation Contractor.
Palm Beach County - Irrigation Sprinkler
# Years
since January 2001
since April 2000
1A. 'MIat business are you in?
Golf course remodeling and new construction.
2. What is the last project of this nature that you have completed?
High Ridge Country Club, Lake Worth, Florida
Superintendent Steve Kuhn (561) 586-3334
3. Have you ever failed to complete any work awarded to you? If so, where and
why?
No
3A. Give owner names, addresses and telephone numbers, and surety and project
names. for all projects for which you have performed work, where your surety
has intervened to assist in completion of the project, whether or not a claim was
made.
None
BID NO: 59-00101
DATE: 9/17101 (Amended 10/2/01)
CITY OF MIAMI BEACH
28
T.D.I.INTERNATIONAL, 1Me.
BUILDERS OF GOLF
4. Give names, addr..s.. and telephone numbers of th,.. individuals, corpo,,"liu.lS,
agencies, or institutions for which you have performed work:
4.1. 08Idand.. Coul*y Club (SIeve Cook)
(name)
3851 W. MIpIe RoIld, IlIoomo1eId .... MI CI01
(address)
248 614 2500
(phone #)
4.2. _WoodICaur*yCUllJollnft - ~'.I
(name)
10471 Boca Woods Land, Boca ~ R. 33428
(address)
561-483-4811
(phone #)
4.3. _GoI&CoInryCUl(Joll_
(name)
3251 Aberdeen Drive. Boynton _. R. 33437
(address)
561-738-4903
(phone #)
5. List the following information concerning all contracts in progress as of the date of
submission of this bid. (in case of co-venture, list the information for all
co-venturers.)
TOTAL DATE OF % OF
NAME OF OWNER& CONTRACT COMPLETION COMPLETION
PROJECT PHONE # VALUE PER CONTRACT TO DATE
The Ivanhoe Club; Pete Leuzinger (847) 566-2050; $2,200,000; (Phase I) Oct. 31, 2001; 80%
Copper Creek Golf Course; Dave Smith (705) 645-1537; $4,000,000; Oct. 31 2001; 80%
Oakland Hills Country Club; Steve Cook (248) 433-0679; $550,000; Nov. 30, 2001; 60%
(Continue list on insert sheet, if necessary.)
6. Has a representative of the Bidder completely inspected the proposed project and
does the Bidder have a complete plan for its performance?
Yes.
7. Will you subcontract any part of this work? If so, give details including a list of
each subcontractor(s) that will perform work in excess of ten percent (10"A.) of the
contract amount, the approximate percentage, and the work that will be performed
by each such subcontractor(s). Include the name of the subcontractor(s) and the
approximate percentage of work.
Horizontal Wells - Dewind Trenching & Dewatering
Irrigation - A&F South
BID NO: 59-00101
DATE: 9/17101
CITY OF MIAMI BEACH
29
T.D.I. INTERNATIONAL, INC.
BUILDERS Of GOlF
The foregoing 1st of subcontractor(s) may not be amended after award d the
Contract without the prior written approval of the Contract Administrator, whose
approval shall not be unreasonably withheld.
8. VVhat equipment do you own that is available for the work?
5 . D3C Caterpillar Dozers, 1 . 04C Caterpillar Dozer, 2 - 06R XL Caterpillar
Dozers, 1 -oeM LGP, 330 Caterpillar Excavator, John Deere 7810 & John
Deere 6410 4WD tractors with flotation dump trailers, finishing tractors,
laser equipment and survey equipment.
9. VVhat equipment will you purchase for the proposed work?
None.
10. What equipment will you rent for the proposed work?
Well point system.
11. State the name of your proposed project manager and superintendent and give
details of his or her qualifications and experience in managing similar work.
Project Manager: Steven Tate (see attached resume)
Superintendent: Mark Hughes (see attached resume>
Administrator: Bill Jackson - 10 years as a golf course superintendent, accountant
BID NO: 59-00101
DATE: 9117101
CITY OF MIAMI BEACH
30
T.D.I. INTERNATIONAL, INC.
BUILDERS OF GOlF
12. State the true, exact. correct and complete name of the partnership, corporation
or trade name under which you do business and the address of the place of
business. (If a corporation, state the name of the president and seaetary. If a
partnership, state the names of an partners. If a trade name, state the names of
the individuals who do business under the trade name).
12.1 The correct name of the Bidder is r.D.I. International, Inc.
12.2 The business is a (Sole Proprietorship) (Partnership) (Corporation).
Corporation
12.3 The address of principal place of business is
39555 Orchard Hill Place, Suite 600, Novi, Michigan 48375
12.4 The names of the corporate officers, or partners, or individuals doing
business under a trade name, are as follows:
Geeff Corlett, President
Susan Corlett, Vice President
Paul McCaig, Vice-President
David Lick, Secretary
12.5 List all organizations which were predecessors to Bidder or in which the
principals or officers of the Bidder were principals or officers,
See attached Certificate of Amendment to the Articles of
Incorporation; previous name Turf Drain, Inc. amended name is
r.o.1. International, Inc. All principals and officers have not changed.
BID NO: 59-00101
DATE: 9117101
CITY OF MIAMI BEACH
31
T.D.L INTERNAOONAL.INC.
BUILDERS OF GOLF
12.6. List and describe all bankruptcy petitions (voluntary or involuntary) which
have been filed by or against the Bidder, its parent or subsidiaries or
predecMsor organizations during the past five (5) years. Include in the
description the disposition of each such petition.
None.
12.7. List and describe all successful Perfonnance or Payment Bond daims
made to your surety(ies) during the last five (5) years. The list and
descriptions should include claims against the bond of the Bidder and its
predecessor organization(s).
None.
12.8 List all claims, arbitrations, administrative hearings and lawsuits brought
by or against the Bidder or its predecessor organization(s) during the last
five (5) years. The list shall include all case names; case, arbitration or
hearing identification numbers; the name of the project over which the
dispute arose; a description of the subject matter of the dispute; and the
final outcome of the claim.
None.
BID NO: 59-00101
DATE: 9/17101
CITY OF MIAMI BEACH
32
T.D.I. INTERNATIONAl., INC.
BUILDERS OF GOlF
12.9. List and describe all criminal proceec:llng$ or hearings concerning
business related offenses in which the Bidder, its principals or officers or
predecessor organization(s) were defendants.
None.
12.10. Has the Bidder, its principals. officers or predecessor organlzation(s)
been debarred or suspended from bidding by any government during the
last five (5) years? If yes, provide details.
None.
12.11. Under what conditions does the Bidder request Change Orders.
When a change in the quantity or character of the scope of work
is equitably determined by the Contractor, Architect and program
manager.
BID NO: 59-00101
DATE: 9/17101
CITY OF MIAMI BEACH
33
T .0.1. INTERNATIONAL. INC.
BUILDERS OF Ga..F
00520.
C
NON-COUUSION CERTIFICATE
THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO
BE DEEMED RESPONSIBLE.
Submitted this 9th day of October
,2001.
The undersigned, as Bidder, declares that the only persons Interested in this Bid are
named herein; that no other person has any interest in this Bid or in the Contract to
which this Bid pertains; that this Bid is made without connection or arrangement with any
other person; and that this Bid is in every respect fair and made in good faith, without
collusion or fraud.
The Bidder agrees if this Bid is accepted, to execute an appropriate City of Miami Beach
document for the purpose of establishing a formal contractual relationship between the
Bidder and the City of Miami Beach, Florida, for the performance of all requirements to
which the Bid pertains.
The Bidder states t t this Bid is based upon the documents identified by the following
number: Bid No. :.00/01
eoft Corlett
PRINTED NAME
President
TITLE (IF CORPORATION)
BID NO: 59-00101
DATE: 9/17101
CITY OF MIAMI BEACH
34
00530.
THIS FORM MUST BE IU8IIITTED PRIOR TO AWMD FOR BIDDER TO
BE DEEMED RESPONSIBLE.
The undersigned BIdder hereby certIlIed that It wII proylde a drug-frM workpiece
prog. o1lm by:
(1) Publishing a statement notifying Its employees th8t the unlawful menuf8cture,
distribution, c1spensing, possession. or use of a controlled substance is prohlbited In
the offeror's workplace, and specifying the actions that will be taken against
employees for violations of ~ch prohtitlon;
(2) Esteblishlng a continuing drug-free awareness program to inform its employees
about:
(i) The dangers of drug abuse In the workplace;
(Ii) The Bidder's policy of maintaining a drug-frea workplace;
(iii) Any available drug counseling, rehabilitation, and employee assistance
programs; and
(Iv) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
(3) Giving all employees engaged In performance of the Contract a copy of the
stetement required by subparagraph (1);
(4) Notifying all employees, in writing, of the stetement required by subparagraph (1),
that as a condition of employment on a covered Contract, the employee shall:
(i) Abide by the terms of ~e statement; and
(II) Notlfy the employer In writing of the employee's conviction under a criminal
drug statute for a violation occurring In the workplace no later than five (5)
calendar days after such conviction;
(5) Notifying the City In wrlting within ten (10) calendar days after receiving notice under
subdivision (4) (II) above, from an employee or otherwise rec:eIvIng lIctu8I notice of
such conviction. The notice shalllnducle the position title of the employee;
BID NO: 5f.IIIIl
DATI:.J117/11
CITY 01' MIAMI BUCH
35
(8) WIthIn thirty (30) OIkncllr dayI ... raceMng nolIce under ........ (4) 01 a
corwIclIan, taIdng one 01 h toIowIng acIIonI with ....peat to an erI1lIayee who Ie
convIctied oIa drug ... violation 0CCUTIng In Ihe wo(~:
(I) Taking approprIete persomeI IIdIon agelnet such ~, up so and
including termination; or
(II) Requiring such employee to participate S8U.~ In a dNg abuM ...lIlBnce
or rehabilitation program appro'ied for such purpoees by a federal, state, or
Ioc8I health, law enforcement, or other appropriate agency; and
(7) Making a good faith effort to maintain a dnJg-free workpiece program through
.._oI_')_h(8). ~ (IJ!!)
(Bidder SIgnature)
(k,~ .
Ia:rJIrT'ij'OF ~ '<9
COUNTY OF u.h.,..vGz 7b~
The ...foregoing instrument was acknowledged before me this 5ff.. day of
Cc~.e. ,2~, by Susan Corlett as
(name of ~n whose signature Is being notarized)
(title) of Vice-President ,
(name 01 corporation/company)
known to me to be the person described hereln,(Gr '.1ItlQ ~uc:ed 86
. nd who dkfdill R8Itake an oath.
T.D.I. International, Inc.
(Print Vendor Name)
~
My commlselon expires:
.04.
I
BID NO: 5t-IOI81
DA'U: J117/11
CITY 0.. MIAMIBUCB
36
T.D.I. INTERNATIONAL. INC.
BUIlDERS OF GOlF
00540.
THIS FORM MUST BE SUBMmeD WITH BID FOR BID TO BE DEEMED
RESPONSIVE.
On October 1, 1990 House Bill 3181, known as the Trench Safety Act became law. This
incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety
standards, citation 29 CFR.S. 1926.650, as Florida's own standards.
The Bidder, by virtue of the signature below, affirms that the Bidder is aware of this Ad, and will
comply with all applicable trench safety standards. Such assurance shall be legally binding on
all persons employed by the Bidder and subcontractors.
The Bidder is also obligated to identify the anticipated method and cost of compliance with the
applicable trench safety standards.
BIDDER ACKNO\l\ll.EDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PROPOSAl
AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA
TRENCH SAFETY ACT. THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS
INVOLVING TRENCHING AND Will NOT BE PAID SEPARATELY. THEY ARE NOT TO BE
CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED
ADDITIONAL VVORK.
The Bidder further identified the costs and methods summarized below:
Quantity Unit
Description Unit Price Price Extended Method
12' smooth wall pipe lineal feet 4462 $ 2.80 $12,493.60 1 112:1 side slope- 6" depIh
15' smooth wall pipe lineal feet 2687 $ 2.80 $ 7,523.60 1 112:1 side slope- 6" depth
24' smooth wall pipe lineal feet 1380 $ 2.80 $ 3,864.00 1 112: 1 side slope- 6" depIh
Horizontal wells each 4200 $ 5.00 $21,000.00 trench less
18' smooth wall pipe lineal feet 512 $ 2.80 $ 1433.60 1 112:1 side slope- 6" doPh
Total $ 46,314.80
BID NO: 59-00101
DATE: 9/17101
CITY OF MIAMI BEACH
37
T.D.I. INTERNATIONAL. INC.
BUILDERS OF GOlF
IN ORDER TO BE C9.umE.BIP RESPON,IVE, THE BIWllR MUST CO,PLETE.
THIS FORM. SIGN AND SUBMIT IT WITH IlSJ~!.D DOCUM~
· COMPLETION RE UIRES FILLING IN TH PROPRIATE DETAILS UNDER THE
HEADINGS I.e. DESCRIPTION UNI UANTITY PRICE UNIT PRICE
~){TENDED. AN,D METHOD.
of T.D.I. International
BID NO: 59-00101
DATE: 9/17101
CITY OF MIAMI BEACH
38
T.D.I. INTERNATIONAL.INC.
BUILDERS Of GOlF
00550.
In support of the florida Waste Management Law, Bidders are encoc.nged to SUJlPIY
with their bid, any information available regarding recycled material content in the
products bid. The City is particularty interested in the type of recycled material used
(such as paper, plastic, glass, metal, etc.); and the percentage of recycled material
contained in the product. The City also requests information regarding any known or
potential material content in the product that may be extracted and recycled after the
product has served its intended purpose.
. Recycled asphalt removed from site.
o Recycled concrete stone will be used in our concrete preparation.
- Milorganic fertilizer and other organic fertilizers are recycled sewage waste.
o The plastic drainage pipe 10 be used consists of 5% regrind/recycled plastic.
BID NO: 59-00101
DATE: 9/17101
CITY OF MIAMI BEACH
39
00600. ~
~
THIS IS A CONTRACT, by and between ~ CIty of Miami Beach, a po/ItIclll
subdivision of ~ Stale of FIorld8, hereinafter referred to as CITY, and
--.::rD.I. -r;.. +....rnA -H On A \) :r;; c . , hereinafter referred to as
CONTRACTOR.
WIT N E SSE T H, that CONTRACTOR and CITY, for the conslcleratlons
hereinafter named, agree as follows:
ARTICLE 1
SCOPE OF WO~
CONTRACTOR hereby agrees to fumlsh all of the labor, materials, equipment
services and Incidentals necessary to perform all ~ the work desaibed In the Contract
Documents and related thereto for the Project.
ARTICLE 2
CONTRACT TIME
2.1 CONTRACTOR shall be instructed to commence the Wort( by written instructions
in the form of a Standing Order Issued by the City's Procurement Director and a
Notice to Proceed issued by the Contract Administrator. Two (2) Notices to
Proceed will be issued for this Contract. CONTRACTOR shall commence
scheduling activities, permit applications and other preconstruction wort( within
five (5) calendar days after the Project Initiation Date which shall be the same as
the date of the first Notice to Proceed. The Notice to Proceed and Purchase
Order will not be issued until CONTRACTOR's submission to CITY of all required
documents and after execution of the Contract by both parties.
2.1.1. The receipt of all necessary permits by CONTRACTOR and acceptance
of the full progress schedule in accordance with technical specifications
section, submittal schedule and schedule of values is a condition
precedent to the issuance of a second Notice to Proceed to mobilize on
the Project site and commence with physical construction work.
2.2 Time is of the essence throughout this Contract. The Work shall be substantially
completed within Two-Hundred Ten (210) calendar days from the Project
Initiation Date specified in the Notice to Proceed, and completed and ready for
BID NO: 59-00101
DATE: '/17/01
CITY OF MIAMl BEACH
40
final payment In accordance with ArtIcle 5 within Sixty (10) calendar days from
~ date certified by CONSULTANT 88 ~e date of Substantial Completion.
2.3 Upon faHure of CONTRACTOR to substantlally complete ~ Contract within ~
specified perlod of time, plus approved time extensions CONTRACTOR shall
pay to CITY ~ sum of One-Thousand Dollars (iiiiiiii for each calendar
day after the time specified In SectIon 2.2 above. plus any approved time
extensions, for Substantial Completion. After Substantial Completion should
CONTRACTOR fail to complete ~e remaining work within the time specified in
Section 2.2 above, plus approved time extensions thereof, for completion and
readiness for final payment, CONTRACTOR shall pay to CITY the sum of One-
Thousand Dollars (_ for each calendar day after the time specified in
Section 2.2 above, plus any approved extensions, for completion and readiness
for final payment. These amounts are not penalties but are liquidated damages
to CITY for its inability to obtain full beneficial occupancy and/or use of the
Project. Liquidated damages are hereby fixed and agreed upon between the
parties, recognizing the impossibility of precisely ascertaining the amount of
damages that will be sustained by CITY as a consequence of such delay, and
both parties desiring to obviate any question of dispute concerning the amount of
said damages and the cost and effect of the failure of CONTRACTOR to
complete the Contract on time.
The above-stated liquidated damages shall apply separately to each portion of
the Project for which a time for completion is given.
2.4 CITY is authorized to deduct liquidated damages from monies due to
CONTRACTOR for the Work under this Contract or as much thereof as CITY
may, in its sole discretion, deem just and reasonable.
2.5 CONTRACTOR shall be responsible for reimbursing CITY, in addition to
liquidated damages, for all costs incurred by CONSULTANT in administering the
construction of the Project beyond the completion date specified above, plus
approved time extensions. CONSULTANT construction administration costs
shall be pursuant to the contract between CITY and CONSULTANT, a copy of
which is available upon request ~ the Contract Administrator. All such costs
shall be deducted from the monies due CONTRACTOR for performance of Work
under this Contract by means of unilateral credit change orders issued by CITY
as costs are incurred by CONSULTANT and agreed to by CITY.
2".6 SAVINGS - City and Contractor recognize that both parties will benefit financially
should the Project be completed prior to the contract time specified in Paragraph
2.2 of the Contract (Agreement). Accordingly, for each calendar day that the
contract work is accepted by the City prior to the contract time specified for
Substantial Completion in Paragraph 2.2 of the Five-Hundred ($500.00) Dollars
a day up to a maximum of 15 days ($7,500.00 max). Such payment will be made
BID NO: 5t-00101
DATE: 9/17/01
CITY OF MIAMI BEACH
41
after tlnal acceptance In 8CCOl'dance with SectIon Article 5. The liquidated
savings payment amount representa a reasonable estimate of the City's savings
for Inspection, engineering services and administrative costs reaHzed from early
completion.
BID NO: 59-G0/Ol
DATE: 9/17/01
CITY OF MIAMI BEACH
42
~
THE CONTRACT SUt,1
[X] ThIll. a Unit Price Con1ract:*
3.1 CITY shaH pay b CONTRACTOR ~e amounts determined for the total number
of each of ~ units of work completed at ~e unit price stated in the schedule of
prices bid. The number of units contained in this schedule is an estimate only,
and final payment shall be made for the actual number of units incorporated in or
made necessary by the WorX covered by ~ Contract Documents.
3.2 Payment shall be made at the unit prices applicable to each integral part of the
Work. These prices shall be full compensation for all costs. including ovemeaQ
and profit, associated with completion of all the WorX in full conformity with the
requirements as stated or shown, or both, in the Contract Documents. The cost
of any item of worX not covered by a definite Contract unit price shall be included
in the Contract unit price or lump sum price to which the item is most applicable.
[X] This is a LumD Sum Contract:.
3.1 CITY shall pay to CONTRACTOR for the perfonnance of the WorX described in
the Contract Documents, the total price stated as awarded.
3.2 Payment shall be at the lump sum price stated in the Contract. This price shall
be fuli compensation for all costs, including overhead and profit, associated with
completion of all the worX in full conformity with the requirements as stated or
shown, or both, in the Contract Documents. The cost of any item of worX not
covered by a definite Contract lump sum should be included in the lump sum
price to which the item is most applicable.
.Note: Some Projects include both unit prices and lump sums in which case both
sections shall apply to the WorX identified for each type ~ Contract.
ARTICLE 4
PROGRESS PAYMENTS
4.1 CONTRACTOR may make Application for Payment for work completed during
the Project at intervals of not more than once a month. CONTRACTOR's
application shall show a complete breakdown of the Project components, the
quantities completed and the amount due. together with such supporting
evidence as may be required by CONSULTANT. CONTRACTOR shall include,
but same shall be limited to. at Consultant's discretion, with each Application for
Payment, an updated progress schedule acceptable to CONSULTANT as
BID NO: 59-00101
DATE: "17101
CITY OF MIAMI BEACH
43
required by the Contract Oocumet.ts and a release d liens and consent of ~rety
relative to the work which Is the ~bject of the Application. Each Application for
Payment shall be ~bmItted In triplicate to CONSULTANT for approval. CITY
shall make payment to CONTRACTOR within thirty (30) days eftar approval by
CONSULTANT of CONTRACTOR's Application for Payment and submission of
an acceptable updated progress schedule.
4.2 Ten percent (10%) of all monies earned by CONTRACTOR shall be retained by
CITY until Final Completion and acceptance by CITY in accordance with Article 5
hereof, except that after ninety percent (90%) of the Work has been completed,
the Contract Administrator may reduce the retainage to five percent (5%) of all
monies previously earned and all monies earned ~ereafter. Any reduction in
retainage shall be in the sole discretion of the Contract Administrator, shall be
recommended by CONSULTANT and CONTRACTOR shall have no entitlement
to a reduction. Any interest earned on retainage shall accrue to the benefit of
CITY. All requests for retainage reduction shall be in writing in a separate stand
alone document.
4.3 CITY may withhold, in whole or in part, payment to such extent as may be
necessary to protect itself from loss on account of:
4.3.1 Defective work not remedied.
4.3.2 Claims filed or reasonable evidence indicating probable filing of claims
by other parties against CONTRACTOR or CITY because of
CONTRACTOR's performance.
4.3.3 Failure of CONTRACTOR to make payments properly to Subcontractors
or for material or labor.
4.3.4 Damage to another contractor not remedied.
4.3.5 Liquidated damages and costs incurred by CONSULTANT for extended
construction administration.
4.3.6 Failure of CONTRACTOR to provide any and all documents required by
the Contract Documents.
When the above grounds are removed or resolved satisfactory to the Contract
Administrator, payment shall be_made in whole or in part.
BID NO: 5~101
DATE: 9/17/01
CITY OF MIAMI BEACH
44
c.M<i!,
~
ACCEPTANCE AND FINAL PAYMENT.
5.1 Upon receipt of written noIIce from CONTRACTOR that the Work Is ready for
final Inspection and acceptance, CONSULTANT shall, within tan (10) calendar
days, make an Inspection thereof. If CONSULTANT and Corlbact Administrator
find the Work acceptable, the requisite documents have been submitted and the
requirements of ~e Contract Documents fully satisfied. and all conditions of the
permits and regulatory agencies have been met, a Final Certificate of Payment
(Form 00926) shall be issued by CONSULTANT, over its signature, stating that
the requirements of the Contract Documents have been performed and the Work
is ready for acceptance under the terms and conditions thereof.
5.2 Before issuance of the Final Certificate for Payment, CONTRACTOR shall
deliver to CONSULTANT a complete release of all liens arising out of this
Contract, receipts in full in lieu the~; an affidavit certifying that all suppliers and
subcontractors have been paid in full and that all other indebtedness connected
with the Work has been paid, and a consent of the surety to final payment; the
final corrected as-built drawings: and the final bill of materials, if required, and
invoice.
5.3 If, after the Work has been substantially completed, full completion thereof is
materially delayed through no fault of CONTRACTOR, and CONSULTANT so
certifies, CITY shall, upon certificate of CONSULTANT, and without terminating
the Contract, make payment of the balance due for that portion of the Work fully
completed and accepted. Such payment shall be made under the terms and
conditions governing final payment, except that it shall not constitute a waiver of
claims.
5.4 Final payment shall be made only after the City Manager or his designee has
reviewed a written evaluation of the performance of CONTRACTOR prepared by
the Contract Administrator, and approved the final payment. The acceptance of
final payment shall constitute a waiver of all claims by CONTRACTOR, except
those previously made in strict accordance with the provisions of the General
Conditions and identified by CONTRACTOR as unsettled at the time of the
application for final payment.
ARTICLE 6
MISCELLANEOUS
6.1 This Contract is part of, and incorporated in, the Contract Documents as defined
herein. Accordingly, all of the documents incorporated by the Contract
Documents shall govern this Project.
BID NO: 5t-OOI01
DATE: "17101
CITY OF MIAMI BEACH
45
6.2 Where there Is a contIIct bet\veen any provision set foI1h within the Contract
Documents and a more slrl'-1g8nt state or federal provision which Is applicable to
~Is Project, the more stringent state or federal provision shall prevail.
6.3 Publlsi j:ntltv Crimes
In accordance with the Public Crimes Act, SectIon 287.133, Florida Statutes, a
person or affiliate who Is a contractor, consultant or other provider, who has been
placed on the convicted vendor list following a conviction for a public entity crime
may not submit a bid on a contract to provide any goods or services to the CITY,
may not submit a bid on a contract with the CITY for the construction or repair of
a public building or public work, may not submit bids on leases of real property to
the CITY, may not be awarded or perfonn work as a contractor, supplier,
subcontractor, or consultant under a contract with the CITY, and may not
transact any business with the CITY in excess of the threshold amount provided
in Section 287.017, Florida Statutes, for category two purchases for a period of
36 months from the date of being placed on the convicted vendor list. Violation
of this section by Contractor shall result in cancellation of the CITY purchase and
may result in Contractor debannent.
6.4 Indeoendent Contractor
CONTRACTOR is an independent contractor under this Contract. Services
provided by CONTRACTOR pursuant to this Contract shall be subject to the
supervision of CONTRACTOR. In providing such services, neither
CONTRACTOR nor its agents shail act as officers, employees, or agents of the
CITY. This Contract shall not constitute or make the parties a partnership or joint
venture.
6.5 Third Party Beneficiaries
Neither CONTRACTOR nor CITY intend to directly or substantially benefit a third
party by this Contract. Therefore, the parties agree that there are no third party
beneficiaries to this Contract and that no third party shall be entitled to assert a
claim against either of them based upon this Contract. The parties expressly
acknowledge that it is not their intent to create any rights or obligations in any
third person or entity under this Contract.
6.6 Notices
Whenever ei~er party desires to give notice to the other, such notice must be in
writing, sent by certified United States Mail, postage prepaid, retum receipt
requested, or by hand-delivery with a request for a written receipt of
acknowledgment of delivery, addressed to the party for whom it is intended at the
place last specified. The place for giving notice shall remain the same as set
am NO: 5t-GO/01
DATE: 9117/01
CITY OF MIAMI BEACH
46
forth herein until changed In writing In the manner provided In this section, For
the present, the parties designata the following:
For CITY:
With copies to:
City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
For Contractor:
6.7 Assianment and Performance
Neither this Contract nor any interest herein shall be assigned, transferred, or
encumbered by either party. In addition, CONTRACTOR shall not subcontract
any portion of the work required by this Contract except as authorized by Section
27 of the General Conditions. CONTRACTOR represents that all persons
delivering the services required by this Contract have the knowledge and skills,
either by training, experience, education, or a combination ~ereof. to adequately
and competently perform the duties, obligations, and services set forth in the
Scope of Work and to provide and perform such services to CITY's satisfaction
for the agreed compensation.
CONTRACTOR shall perform its duties, obligations. and services under this
Contract in a skillful and respectable manner. The quality of CONTRACTOR's
performance and all interim and final product(s) provided to or on behalf of CITY
shall be comparable to ~e best local and national standards.
BID NO: 59-00/01
DATE: 9/17/01
CITY OF MIAMI BEACH
47
6.8 Materia. end Waiver of Breach
CITY and CONTRACTOR agree ~at each requirement, duty, and obligation set
forth In these Contract Documents is substantial and Important to the formation of
this Contract and, th"refore, is a material tenn hereof.
CITY's failure to enforce any provision of ~is Contract shall not be deemed a
waiver of such provision or modification of this Contract. A waiver of any breach
of a provision of this Contract shall not be deemed a waiver of any subsequent
breach and shall not be construed to be a modification of the terms of this
Contract.
6.9 Severance
In the event a portion of this Contract is found by a court of competent jurisdiction
to be invalid, the remaining provisions shall continue to be effective unless CITY
or CONTRACTOR elects to terminate ~is Contract. An election to terminate this
Contract based upon this provision shall be made within seven (7) days after the
finding by the court becomes final.
6.10 Aoolicable Law and Venue
This Contract shall be enforceable in Miami-Dade County, Florida, and if legal
action is necessary by either party with respect to the enforcement of any or all of
the terms or conditions herein exclusive venue for the enforcement of same shall
lie in Miami-Dade County, Florida. By entering Into this Contract,
CONTRACTOR and CITY hereby expressly waive any rights either party
may have to a trial by Jury of any civil litigation related to, or arising out of
the Project. CONTRACTOR, shall specifically bind all subcontractors to the
provisions of this Contract.
6.11 Amendments
No modification, amendment, or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document prepared with
the same or similar formality as this Contract and executed by the Board and
CONTRACTOR.
6.12 Prior AGreements
-
This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to ~ matters
contained herein and ~ parties agree that there are no commitments,
agreements or understandings concerning ~ subject matter of this Contract that
are not contained in this document. Accordingly, ~ parties agree that no
deviation from the terms hereof shall be predicated upon any prlor
BID NO: 59-80101
DATE: 9/17101
CITY OF MIAMI BEACH
41
.......-.c.._
CONSENT RESOLUTION OF THE
BOARD OF DIRECTORS OF T.D.I. INTERNATIONAL, INC.
d/b/a T.D.I. INTERNATIONAL. BUILDERS OF GOLF
WHEREAS, the undersigned, being the sole Director ofT.D.I. International,
Inc. d/b/a T.D.I. International, Builders of Golf, (the "Corporation") desires that the
actions expressed in the resolution set forth hereinbelow be taken.
NOW, THEREFORE, the undersigned hereby declares that the action
expressed in the following resolution be and the same hereby is taken by the
Corporation, to be effective as of the date and year set forth below.
RESOLVED, Geoffrey Corlett, as President of the Corporation, has full
authority to execute on behalf of the Corporation any and all bid documents,
contracts, bonds and related documents in connection with the City of Miami Beach
Bayshore Golf Course Project.
IN WITNESS WHEREOF, the undersigned has executed this instrument to be
effective as of the 1st day of November, 2001.
~tf'~~
Secretary
representations or agreements, whe~r oral or written. It Is further agreed that
no modlftcatlon, amendment or alteretion in ~ terms or conditions contained
herein shell be effective unless set forth in writing In accordance with Section
6.11 above.
IN WITNESS WHEREOF. the
year first above written.
ATTEST:
'fAAMt f~
~rt Parcher, City Clerk
their hands and seals the day and
ermer, Mayor
CONTRACTOR MUST EXECUTE S CONTRACT AS INDICATED BELOW. USE
CORPORATION OR NONCORPORA TION FORMAT, AS APPLICABLE.
(If incorporated sign below.]
ATTEST:
CONTRACTOR
T.D.I. Internationa~,,'J1ic.
(Name of
~=,' ~=.
By:
(Secretary)
Geoff C
President
(Corporate Seal)
(Print Name and Title)
31 stday of October
,20~.
(If not incorporated sign below.]
CONTRACTOR
By:
(Name of Firm)
(Signature)
(Print Name and Title)
_ day of
,20_.
CITY REQUIRES FIVE (5) FULL V-EXECUTED CONTRACTS, FOR DI""U""UTO
FORM & LANGUAGI
Bm NO: 59-00/01 CITY OF MIAMI BEACH I. FOR EXECUTION
DATE: 9/17/01 49
representations or agreements, whether oral or written, It Is further agreed that
no modification, amendment or alteration In the terms or conditions contained
herein shall be effective unless set forth In writing In accordance with Section
6.11 above. This Agreement may be signed in one or more counter-
~8~StHgdc~H~Fa8t~ the counterparts are put together they w~ll
IN WITNESS WHEREOF, the parties have set their hands and seals the day and
year first above written.
ATTEST:
THE CITY OF MIAMI BEACH
Robert Parcher, City Clerk
CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE
CORPORATION OR NONCORPORATION FORMAT, AS APPLICABLE.
[If incorporated sign below.]
CONTBACTOR
ATTEST:
~~ -AIIII/IY~",
/. (~~~
David M. Li.ck
(Name of Corporation)
By:
(Signature)
(Corporate Seal) .
(Print Name and Title)
_ day of
,20_.
[If not Incorporated sign below.]
-
CQNTRACTOR
WITNESSES:
By:
(Name of Firm)
(Signature)
(Print Nam!il and Title)
_ day of
,20_.
CITY REQUIRES FIVE (5) FULLY-EXECUTED CONTRAC TION.
FOR & LANGUAGE
BID NO: S!)"OO/Ol CITY OF MIAMI BEACH & FO EXEcunoN
DATE: 9/17/01 49 .
00708. FORM CERTIFICATE OF INSURANC~
A form Certificate of Insurance will be attached here.
BID NO: 59-00/01
DATE: 9/17/01
CITY OF MIAMI BEACH
50
Clientl!: 2778 TDIINT
ACDBD.. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDlYY)
10/25/01
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ZERVOS GROUP, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
24724 Farmbrook (248) 355-4411 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. Box 2067
Southfield, MI 48037-2067 INSURERS AFFOROING COVERAGE
INSURED INSURER A: CNA Insurance Companies
T.D.I.INTERNATIONAL,INC. INSURER B: AIG
39555 Orchard HIlI Place INSURER c:
Suite 600 INSURER D:
Novl, MI 48375 INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
~~: TYPE OF INSURANCE POLICY NUMBER P8k'feY !:B~~~ P~~fJ/t~~~ LIMITS
A ~NERAL LIABILITY C2022794424 03/31/01 03/31/02 EACH OCCURRENCE $I 000 000
X COM M ERCIAL GENERAl LIAB ILITY FIRE DAMAGE (Anyone fire) slOO 000
I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) s5,000
X CONTRACTUAL PERSONAl & ADV INJURY sl 000 000
X X,C,&U GENERAL AGGREGATE s2 000 000
~'~ AGGR,EnE UMIT APPlSPER: PRODUCTS . COMPIOP AGG s2, 000,000
POLICY ~~g. LOG
A ~TOMOBILE LIABILITY C2022794469 03/31/01 03/31/02 COMBINED SINGLE LIMIT Sl,OOO,OOO
~ ANY AUTO (Ea accident)
f-- ALL OWNED AUTOS BODILY INJURY
(Per person) S
SCHEDULED AUTOS
X HIRED AUTOS BOOIL Y INJURY
X (Per accident) S
=- NON-OWNED AUTOS
PROPERTY DAMAGE S
(Per accident)
R":,OE LIABIUTY AUTO ONLY - EA ACCIDENT S
ANY AUTO OTHER THAN EA ACC S
AUTO ONLY: AGG S
B EXCESS LIABILITY BE8711137 03/31/01 03/31/02 EACH OCCURRENCE s20 000 00
t~rOCCUR D CLAIMS MADE AGGREGATE s20 000 00
s
~ ~EDUCTIBLE S
X RETENTION sl 0 0 0 0 s
A WORKERS COMPENSATION AND WC222794567 03/30/01 03/30/02 IT~~IfJUs I IO~. -
EMPLOYERS' LIABILITY E.l. EACH ACCIDENT s500,000
E.l. DISEASE. EA EMPLOYEE s500 000
E.L. DISEASE - POliCY LIMIT s500 000
OTHER
DESCRIPTION OF OPERATlONSlLOCATlONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Bayshore Golf Course - Bid No. 59-00/01 - The City of Miami Beach is
named Additional Insured with respect to liability arising out of
operations performed for the city by or on behalf of contractor or acts or
omissions of contractor in connection with general supervision of such
operation.
CERTIFICATE HOLDER I I ADDmONALINSURED'INSURERLETIER: CANCELLATION
SHOULD ANYOFTH E ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE TH E EXARAilON
City of Miami Beach DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL3..D.....-DAYSWRlTTEN
City Hall NOTlCETOTHE CERTIFICATE HOLDERNAMEDTOTHELEFT, BUT FAILURE TODOSOSHALL
1 700 Convention Center Drive IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITSAGENTSOR
Miami Beach, FL 33139 REPRESENTAilVES.
AUTHORIZED REPRESENTATl1~. ~.-rn. 1J A ~
I
ACORD 2S-S (7/97) I of 2 #S38040/M38039 RMG CORD CORPORATION 1988
Client#: 2778 TDIINT
ACfl.BD, CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDlYY)
10/25/01
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ZERVOS GROUP, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
24724 Farmbrook (248) 355-4411 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. Box 2067
Southfield, MI 48037-2067 INSURERS AFFORDING COVERAGE
INSURED INSURER A: CNA Insurance Companies
T.D.I.INTERNATIONAL,INC. , INSURER B: AIG
39555 Orchard Hill Place INSURER c:
Suite 600 INSURER D:
Novl, MI 4B375 INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY F'ERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NSR TYPE OF INSURANCE POLICY NUMBER Pg~!fe"/5~m~~ p~~~: 1~~rJI~ LIMITS
LTR
A ~NERAL L1ABIUTY C2022794424 03/31/01 03/31/02 EACH OCCURRENCE S1 000 000
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) $100 000
I CLAIMS MADE [X] OCCUR MED EXP (Anyone person) $5,000
X CONTRACTUAL PERSONAL & ADV INJURY $1 000 000
XX,C,&U GENERAL AGGREGATE $2 000 000
~'L AGGR,En LIMIT APrlSPER: PRODUCTS - COMPIOP AGG $2,000,000
POLICY ~~R;. LOC
A ~TOMOBILE LIABILITY C2022794469 03/31/01 03/31/02 COMBINED SINGLE LIMIT
X ANY AUTO (Ea accident) S1, 000,000
- ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Per ~rson)
X HIRED AUTOS BODILY INJURY
= $
X NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
(Per aecldeot)
~~GE UABILITY AUTO ONLY' EA ACCIDENT $
ANY AUTO OTHER THAN EAACC $
AUTO ONLY: AGG $
B ~~SS LIABILITY BE8711137 03/31/01 03/31/02 EACH OCCURRENCE $20 000 OOC
X OCCUR D CLAIMS MADE AGGREGATE $20 000 OOC
$
~ ~EDUCTIBLE $
X RETENTION $10000 $
A WORKERS COMPENSATION AND WC222794567 03/30/01 03/30/02 IT1.~~If'.I,~s I IOr.l-
EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $500,000
E.L. DISEASE - EA EMPLOYEE $500,000
E.L. DISEASE. POLICY LIMIT $500 000
OTHER
DESCRIPTION OF OPERATlONSlLOCATlONSlVEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Bayshore Golf Course - Bid No. 59-00/01 - The City of Miami Beach is
named Additional Insured with respect to liability arising out of
operations performed for the city by or on behalf of contractor or acts or
omissions of contractor in connection with general supervision of such
operation.
CERTIFICATE HOLDER I I ADDmONALINSURED'INSUAERLETTER: CANCELLATION
SHOULD ANYOFTHEABOVE DESCRIBED POLICIESBECANCELLED BEFORE THE EXPIRATION
City of Miami Beach DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL3..0.-0AYSWAlTTEN
City Hall NOTICETOTHE CERTIFICATE HOlDERNAMED TOTHE LEFT. BUT FAILURE TODOSOSHALL
1700 Convention Center Drive 1M POSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE INSURER,ITSAGENTS OR
Miami Beach, FL 33139 REPRESENTATIVES,
AUTHORIZEDREPRESENTA~. ..-rYJ.
i....~_ . ~ -
I
ACORD 25-S (7/97) 1 of 2 #S38040/M38039 RMG CORD CORPORATION 1988
Client#: 2778 TDIINT
ACDBD, CERTIFICATE OF LIABILITY INSURANCE I DATE (MMJDDIYY)
10/25/01
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ZERVOS GROUP, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
24724 Farmbrook (248) 355-4411 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. Box 2067
Southfield, MI 48037-2067 INSURERS AFFORDING COVERAGE
INSURED INSURER A: CNA Insurance Companies
T.D.I.INTERNATIONAL,INC. INSURER B: AIG
39555 Orchard Hili Place INSUREA c:
Suite 600 INSURER D:
, Navi, MI 48375 INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEAMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~~: TYPE OF INSURANCE POLICY NUMBER POLlCr~~9aTl~~ !POLlCrrtX:I~T1~ LIMITS
DATE MI D/VY . DATE DDIYV
A ~NERAL LIABILITY C2022794424 03/31/01 03/31/02 EACH OCCURRENCE $1 000 000
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) $100 000
I CLAIMS MADE [X] OCCUR MED EXP (Anyone person) $S 000
-X CONTRACTUAL PERSONAL & ADV INJURY $1 000 000
-XX,C,&U GENERAL AGGREGATE $2 000 000
~'LAGGR,EnE LIMIT APMS ~ER: PRODUC"S -COMPIOP AGG $2 000,000
POLICY :.rRT LOC
A ~TOMOBILE LIABILITY C2022794469 03/31/01 03/31/02 COMBINED SINGLE LIMIT $1,000,000
-X ANY AUTO (Ea accident)
- ALL OWNED AUTOS BODilY INJURY
$
SCHEDULED AUTOS (Per person)
-
~ HIRED AUTOS BODilY INJURY
$
II NON-OWNED AUTOS (Per accident)
- PROPERTY DAMAGE $
(Per accident)
==rAGE UABILITY AUTO ONLY. EA ACCIDENT $
ANY AUTO OTHER THAN EAACC $
AUTO ONLY: AGG $
B EXCESS L1ABILllY BE8711137 03/31/01 03/31/02 EACH OCCURRENCE $20 000 00
~'~rOCCUR D ClAIMS MADE AGGREGATE $20 000 00
$
~ DEDUCTIBLE $
X RETENTION $10000 $
A WORKERS COMPENSATION AND WC222794567 03/30/01 03/30/02 IT~~~I~.JNs I IOr.l"
EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $500,000
E.l. DISEASE - EA EMPLOYEE $500,000
E.l. DISEASE. POLICY LIMIT $500 000
OTHER
DESCRIPTION OF OPERATlONS/lOCATlONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
Bayshore Golf Course - Bid No. 59-00/01 - The City of Miami Beach is
named Additional Insured with respect to liability arising out of
operations performed for the city by or on behalf of contractor or acts or
omissions of contractor in connection with general supervision of such
operation.
CERTIFICATE HOLDER I I PDOmONALINSURED;INSURERLETTER: CANCELLATION
SHOULD ANYOFTHE ABOVE DESCRIBED POLICIESBE CANCELLED BEFORETHE EXPIRATION
City of Miami Beach DATE "HEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL3-.0.-....DAYSWRlTTEN
City Hall NOTICETOTHE CERTIFICATE HOLDERNAMEDTOTHELEFT, BUTFAlLURE TODOSOSHAlL
1 700 Convention Center Drive IMPOSE NO OBLIGATION OR LIABILITY OF ANYKlND UPON THE INSURER,lTS AGENTS QR
Miami Beach, FL 33139 REPRESENTATIVES.
AUTHO~EDREPRESENTATlj;~ . # 7' J. ?.. _.A -
ACORD 25-S (7/97) 1 of 2 #S38040/M38039 RMG ~CORDCORPORATION1~
.
0071C. FORM OF FEHFGRMANC::: 8CND
Bond N.o. 13-002-468
-v
c,
THlS
BOND, We
hereinafter
T~ D. T. Internaticnal~ Inc.
as
Principal,
called
.CONTRACTCR,
and
Lf~erty Mutual Insurance Company
as Surety, are bound to the CIty of Miami
Besch, Fionds, as Obligee, hereinafter called CITY, in the amount of
~~~ra1'.lii~Ha~nRhHlt!t~Edal'i~gj:P;;tl !itlousand Dollars ($4,980,688. 9Y for the payment whereof
CONTRACTOR and Surety bind thel'T'.seives, theIr heirs. executors, administrators.
succsssors and assigns, Jointly and severally.
WHERE.A.S, CONTRACTOR has by written agreement entered into a Contract,
Bid/Contract No.; 59-00101 swarded the day of
,20_. with CITY which Contract Documents are by reference
Incorporated herein and made a part. hereof, and specifically Include provision for
liquidated damages, and other damages identified,and for the purposes of this Bond
are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND Is that if CONTRACTOR.:
1. Performs the Contract between CONTRACTOR and CiTY for construction of
Bayshore Golf Course , the Contract beIng
mads a part of this Bond by referenca, at the tJmes and in the manner prescribed
in the Contract; and
:t.. Pays CITY ail iossas, liquidstsd damages. expanses, costs and artomey.s fees
inductinc sooellats prcceedincs, that CiTY sustains as a result af default bv
- .. , - .
. CONTRACTOR under the Contree'.; and .
SID NO: ~9-aO/Ol
DATE: 9/17/01
. CITY OF MIAM.I BEAC"'d
51
FCR.~;t CF ?E~FCRM.A_NCE 8CND
(Continued)
Feriorms the auarantee of ail wen< and materials furnished under the Centract for
the lime specified In the Contrad; then THIS SOND IS VOID. OTHERWISE IT
REMAiNS IN FULL FORCE AND EFFECT.
3.
Whenever CONTRACTOR shall be. and declared by CITY to be, in default under
the Contract, CITY having performed CITY obligations thereunder, the Surety
may promptly remedy the default, or shall promptly:
3.1.
3.2.
Comolete the Project in accordance with the terms and conditions of the
. .
Contract Documents; or
Obtain a bid or bids for. campleU ng the Project In accordance with the
terms and conditions of the Contract Documents, and upon
determination by Surety of the lowest responsible Bidder, or, 1f CITY
slects, upon determination by CITY and Surety jointly at the lowest
responsible Bidder, arrange for a contract between such Bidder and
CITY, and make available as work progresses (even though there
should be a defauit or a succession of defaults under the Contract or
Contracts of complation arranged under this paragraph) sufficient funds
to pay the cost of compietion less ~he balanca of the Contract Prics; but
not exceeding. including other cos'".s and damages for which the Surety
may be liable hereunder. the amount set forth in the tirst paragraph
hereof. The term "balance of the Contract Price," as used in this
paragraph. shall mean the total amount payable by CITY to
CONTRACTOR under the Contract and any amendments thereto, less
the amount properly paid by CITY to CONTRACTOR.
No right of action shall accrue on this bond to or fer the usa of any person or
corporation other than CIT': named herein.
The Surety hereby waives notice of and agrees that any changes in or under the
Centract Documents and compliance or noncompliance with any formalities
connected with the CDntract or the changes does not affect Surety's obllgation
under lI1is 80nd.
,20 01
Signed and sealed this 31st dayot_ October
BID NO; 39...')0/01
DATE: 9/17JlIl
CITY OF MlAl\1I BEACH
52
FOFM OF PER.FCRr-iANCE 20ND
(Continued)
~ An""
~~%~~
_ _" :-..,.Bcre.aty
""" D"avTdLi.ck
(CORPOKATESEAL)
IN THE PRESENCE OF:
&dAct ~
- ~ ~~
-k
"",,,,,,,,11)'" ! Lv/
By: t12~L "IJ.J ""
William L. Parker, Flor" a Licensed
Resident Agent
Ey:
Geoff Corlett, President
(Print Name and Title)
INSURANCE COMP,.\NY:
LIBERTY MUTUAL INSI!RAJ."\[CE COMPANY
6< "".n', a ~~F'd "".to
Address: 2472 Farmbrook Road
(Street)
Southfield, MI 48034
(City/Slate/Zip Code)
G. Zervos
Telephone No.: (748) "31'5-4411
BID NO: 59-~0/Ol
DA7X: 9117/01
CITY OF MIAMI ]lEACH
53
odno. fORM OF PAYMENT SOND
Bond No. 13-002-468
8Y
"'i'l....iIC
Ilil.....
BOND.
We
T. D. I.
International,
Inc.
., as
Principal,
hereinafter
calise
CONiRACiOR,
and
Liberty Mutual Insurance Comoanv
, as Surety, are bound to the Cily of Miami
Beach, Flerida, as Obligee, herelnatler
Four Million Nine Hundred Eighty Thousand Six
Hundred Eigh..!:Y..j;ight and 97/ rOo **********'f<* Dollars
called
CJTY,
in
the amotJnt
of
($<,980,688.97 )
for the paymam
heirs, exectJtors,
whereof CONTRACTOR and Surely bind themselves, their
administrators, successors and assigns, jointly and severally.
WHEREAS, CONTRACTOR has by written agreement entered into a Contract,
Bid/Contract No.: 59-00/01 awarded the day of
,20_. with CITY which Contract Documents are by reference
incorporated herein and made a part hereof, and specltlcafly include provision for
licuidatsd damages. and ether damages identified. and for the purposes of this Bond
are hereafter referred to as the "Contract";
THE CONDITiON OF THIS BOND is that If COf\fTRACTOR:
1, Pays CITY all losses, llquidated damages, expenses. costs and attorney's fees
inciuding appellate proceedings, that CITY sustains because of default by
CONTRACTOR under the Contract: end
2, Promptly makes payments to all claimants as defined by Florida Statute
255:05(1) for all labor, materials and supplies used directly or indirectly by
CONTR.A.CTOR in the performance of the Contract;
THEN CONTRACTOR'S OELlGATiON SHALL BE VOID; OTHERWISE, IT
SHALL REMAIN iN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO
THE FOLLOWING CONDiTiONS:
2.1. A claimant, except a laborer, who is not In privily with CONTRACTOR
and who has not received payment far Its iaber, materials. or supplles
shail, within forty-five (45) days after beginning to furnish laber,
materlais, or supplies fer the prosecution of the work, furnish to
CONTRACTOR a notica !tiet he intends to look to the bond for
protection.
BID NO: 59,,;)0/01 CITY OFML\M1.9RAClJ
DA TZ':' 9/17/01 54
FOR!\'1 OF P.a..YMENT SOND
(Continued)
22. A claimant who is not in privity with CONTRACTOR and who has not
rscaived payment for its laber, materials, ar supplies shall, within ninety
(90) days after perlarmanca of the labor or after completa deliverv of the
materials or supplies, deilver to CONTRACTOR and to the 'Surety,
written notice of the performancs of the labor or delivery of the materials
or supplies and of the nonpayment.
2.3. No action for the !abar, materials, or supplies may be instituted against
CONTR.A.CTOR or the Surety unless the notlces stated under the
preceding conditions (2.1) and (2.2) have been given,
2.4. Any actian under this Bond must be instituted In accordance with the
Notice and Time Limitations provisions prescribed in Section 255.05(2),
Florida Statutes.
The Surety hereby waives notice of 13M agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any fcrma/iiles
connected with the Contract or the changes does not affect the Sursty's
obligation under this 80nd.
Signed and sealed this31 s:..._ day of Oc t 0 b e r
,20..QL
CONTRACTOR
~~.c
By:
INC.
ATTEST:
Dayid Lit;:,k/
Geoff Corlett, President
(Print Name and Tlt1e)
"
(Corpe~am $~al5~ '. .....
~ "- ---- ~-=: ~ --'
j.
~~~ay of Oc t~
,2001 ,
. -....'....-
BID NO: 59...'lOIOt
, V.ATE; 9117JO:l
ClTY OF lI1L\.MI B%AGf .
S5
.'
'1,1 T' ';:: ;:::cc~'-"\jC""
I "l _ 1:_, " -. - r.c.
. _....._. .1o....;.".iJ,
'--
~~
:;J:Jl:;fp~/
William L. Parker, Florida Licensed
Resident Agent
iNSLJ""AINC~ '~rMF 'NY'
lV"'., _1..".\,..1 ;..., ,:
LIBERTY MUTUAL INSURAi\TCE COf1Fp')l'l
By:
G. Zervo::
Address: 24724 ,a rook Road
(Streer)
Southfield, MI 48b34
(City/Slate/Zip Code)
Telephone No.: (248) 355-4411
5ID NO: 59-00/01'
DATE: 9/17/01
CITY OF Mr.~lll'EAC3
. ".
_0
1'HfS PpWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
()S1299
"thIs Power of AJlorney limits the acl of those named hel'eln, and they have no authority to bind the Company except In the
manner l\nd to the extent herein Slated.
" ",- ' , "
KNOW ALL PERSONS BY THESE PRESENTS: Thai Liberty Mutua' Insurance ComPllny (the 'Company"), a Massachusetts
mutual insurance company, pursuant 10 and by authority 01 the By-law and 'AulhOrilalion hereinSlter set lorth, does hereby name,
constitute and appoint, DAVID C. LANGE. ALA1\I W. PETERSPN, AN~ELO G. ZERVoS, GUS E. ZERVOS,
STEPHEN M. ZERVOS, JJ:NNIFERM. LAZORlSHCHAK, HOLLY NICHOLS, STEPHEN E. SCHURR, ALL OF THE CITY
OF SOUTHFIELD, STATE OF MICHIGAN .....................................................,..........................:..........................................
UBERTY MUTUAL INSURANCE COMPANY
BOSTON, MASSACHUSETTS
POWER OF ATTORNEY
>.
..
-g
..
I
.~
..
.!
>-
a
=5
11l...
>,111
GlW
Ee
OQ.
~~
-"
o~
11
~8
.. .-
CIl
01
II
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00
u..
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......:.
ss
" ',' ' , '
May ,A.D. 2000, before me, a. Notary Public, personally came the Individual, known to
'dual and offioer of Liberty Mutual Insuranoe Company who executed the Pf<<8ding Instrument, and he ael<nowled-
the 5ea.l-_~ixed to lti~:l:iaid- pre~d~9,_ I~strum$Ot_-i$---the cprpc:l_rate:-~.&t of Sald__company; and that said 'corporate
as dUly affixed and subsortbedto the said instrument by auttjortty and direction at the said oompany,
REOF, I set my hand and affix my offloial seal at Plymo~ Meeting. y, th,.~ay a~ year first above written.
* OF--'.:.':.:,_:..: *_'. :. {)QN"i'~::t~1t.~L~s~~~;ary.PIJQI!;::.--__,. '".:~:~:":.:::.~-;/Zj)" ',' ,
~ ,,',,~~.,.__. '''-- pjym{)ytt'j.-Iwp."Mon!~mefYCOtlnW_'..:,.--. N~~:'Public_ .__.'.--.,----.:... _' ,:.,..:..".'.,
~ \'l-'~ ..__.... M COfT1I11!SS}'OnEXl.Jlr,es 00.2 200g" .. .. .' -..
~ \: .:.s,. . E .
I, the undersign , relaty of Liberty M~i~a! InsUrance company, do ~ c~rtiiy ,1I1at thi>'<>Tigi"," power of attorney of which the
foregoing is a full, true and copy, Is in full force and effed on the date of this certificate; andl do Iurther.oertity that the offioer who,exeOtJtedthe
said' power Of attorney was O~ of.the officers sp~tty aOthCirized-by'fhe cha.innan or the president to app:otnt any att(~mey-In-fact as prOVIded in Article
XVI, Section 5 of the By-laws of Liberty Mutuallnsuranoe Company.
This oertlflcate may be signed by facsimile under and by authority of the following vola of the board of directors of Uberty Mutual Insuranoe
Company at a meeting duly oalled and held on the t2th day of March, 1980.
VOTED that the facsimile or meohenlcaliy reproduced signature of any assistant secretary of the company wherever appeartng upon a certified
oopy of any power of attorney issued by the company, shall be valid and binding upon the company with the same force and effect as
though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscnbed my name and aff~ OQrPO~;'~Zpany, this
~ ~rstary_:".,
THIS POWER OF AlTORNEY MAY NOT BE USED to EXECUTE ANY eoNO WItH AN INCr!PnON DATE AFTER ' Mav 11
day of
.2002
00721. CERTIFICATE AS TO CORPORATE PRIN!;IPA!.
I, David Lick , certify that I am the
Secretary of the corporation named as Principal in the foregoing Performance and
Payment Bond (Performance Bond and Payment Bond); that
Gpoff Cor' pH ,who signed the Bond(s) on behalf of the Principal, was
then president of said corporation; that I know hisJher signature; and hisJher
signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and
attested to on be If of said corporation by authority of its goveming body.
(SEAL)
Inc. .
STATE OF FLORIDA )
) SS
COUNTY OF MIAMI-DADE )
Before m~ NO~ Public duly commissioned, qualified and acting personally,
appeared '(f?L)?F' r70,.. (e;tf- to me well known, who
being by me first duly sworn upon oath says that he/she has been authorized to execute
the foregoing Performance and Payment Bond (Performance Bond and Payment Bond)
on behalf of CONTRACTOR named therein in favor of CITY.
.t Subscribed and Sworn
l'i" 1/ et'YI.Joer , 20Q1..
to
before
me
this
I~
day
of
My commission expires:
Aa-l-t./L ~ ~t' ~
Notary Public, tate of .
MY COMMISSION ., CC 889lI22
b EXPIRES: Sop eo 2003
1-aao.S.NOTAAY FIa. Natwy CI
Bonded
BID NO: 59-GO/01
DATE: 9/17101
CITY OF MIAMI BEACH
57
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00735. PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDt11QNAL LETTER OF CREDIT:
Date of Issue
Issuing Bank's No.
Beneficiarv:
AoDlicant:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Amount:
in United States Funds
Expiry:
(Date)
Bid/Contract Number
We hereby authorize you to draw on
(Bank, Issuer name)
at
by order
(branch address)
of and for the account of
(contractor, applicant, customer)
up to an aggregate amount, in United States Funds. of
by your drafts at sight, accompanied by:
1. A signed statement from the City Manager or his authorized designee, that the
drawing is due to default in performance of certain obligations on the part
(contractor, applicant, customer) agreed upon by and
between the City of Miami Beach. Florida and (contractor).
pursuant to the (applicant, customer) Bid/Contract No.
for (name of project) and Section 255.05, Florida
Statutes.
available
Drafts must be drawn and negotiated not later than
(expiration date)
BID NO: 59-00/01
DATE: 9/17101
CITY OF MIAMI BEACH
58
Drafts must bear the clause: wDrawn under Letter of Credit No.
(Number), of (Bank name) dated
This Letter of Credit shall be renewed for successive periods of one (1) year each
unless we provide the City of Miami Beach with written notice of our intent to terminate
~e credit herein extended, which notice must be provided at least ~irty (30) days prior
to the expiration date of the original term hereof or any renewed one (1) year term.
Notification to the CITY that this Letter of Credit will expire prior to performance of the
contractor's obligations will be deemed a default.
This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking
shall not in any way be modified, or amplified by reference to any documents,
instrument, or agreement referred to herein or to which this Letter of Credit is referred or
this Letter of Credit relates, and any such reference shall not be deemed to incorporate
herein by reference any document, instrument, or agreement.
We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn
under and in compliance with the terms of this credit that such drafts will be duly
honored upon presentation to the drawee.
Obligations under this Letter of Credit shall be released one (1) year after the Final
Completion of the Project by the
(contractor, applicant, customer)
This Credit is subject to the .Uniform Customs and Practice for Documentary Credits,"
International Chamber of Commerce (1993 revision), Publication No. 500 and to the
provisions of Florida law. If a conflict between the Uniform Customs and Practice for
Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict
between the law of another state or country and Florida law should arise, Florida law
shall prevail.
Authorized Signature
BID NO: 59-GO/Ol
DATE: 9/17/01
CITY OF MIAMI BEACH
5'
00800. GENERAl CO~.oITIONS:
1. Proiect Manuat
1.1. The Project Manual includes any general or special Contract conditions or
specifications attached hereto.
1.2. The Project Manual, along with all documents that make up and constitute
the Contract Documents, shall be followed in strict accordance as to work,
performance, material, and dimensions except when CONSULTANT may
authorize, in writing, an exception.
1.3. Dimensions given in figures are to hold preference over scaled
measurements from the drawings; however, all discrepancies shall be
resolved by CONSULTANT. CONTRACTOR shall not proceed when in
doubt as to any dimension or measurement, but shall seek clarification
from CONSULTANT.
1.4. CONTRACTOR shall be furnished three (3) copies, free of charge, of the
Project Manual; two of which shall be preserved and always kept
accessible to CONSULTANT and CONSULT ANrs authorized
representatives. Additional copies of the Project Manual may be obtained
from CITY at the cost of reproduction.
2. Intention of CITY:
It is the intent of CITY to describe in the Contract Documents a functionally
complete Project (or part thereof) to be constructed in accordance with the
Contract Documents and in accordance with all codes and regulations governing
construction of the Project. Any work, materials or equipment that may
reasonably be inferred from the Contract Documents as being required to
produce the intended result shall be supplied by CONTRACTOR whether or not
specifically called for. When words which have a well-known technical or trade
meaning are used to describe work, materials or equipment, such words shall be
interpreted in accordance with that meaning. Reference to standard
specifications, manuals, or codes of any technical society, organization or
association, or to the laws or regulations of any governmental authority, whether
such reference be specific or by implication, shall mean the latest standard
specifICation, manual, code or laws or regulations in effect at the time of opening
of bids and CONTRACTOR shall comply therewith. CITY shall have no duties
other than those duties and obligations expressly set forth within the Contract
Documents.
BID NO: 59-00/01
DATE: 9/17101
CITY OF MIAMI BEACH
60
3. Preliminary Majters:
3.1. Within five (5) calendar days prior to the pre-constructlon meeting
described in Section 3.2, CONTRACTOR shall submit to CONSULTANT
for CONSULTANTs review and acceptance:
3.1.1. A progress schedule in the indicated form:
( ] Bar Chart
( ] Modified CPM
(] CPM
(X] Computerized CPM
(CPM shall be interpreted to be generally as outlined in the
Association of General Contractors (AGC) publication, "The Use of
CPM in Construction.")
The progress schedule shall indicate the start and completion dates
of the various stages of the Work and shall show an activity
network for the planning and execution of the Work. Included with
the progress schedule shall be a narrative description of the
progress schedule. The progress schedule must be updated
monthly by CONTRACTOR, submitted as part of each Application
for Payment and shall be acceptable to CONSULTANT.
3.1.2. A preliminary schedule of Shop Drawing submissions; and
3.1.3. In a lump sum contract or in a contract which includes lump sum
bid items of Work, a preliminary schedule of values for all of the
Work which will include quantities and prices of items aggregating
the Contract Price and will subdivide the Work into component
parts in sufficient detail to serve as the basis for progress payments
during construction. Such prices will include an appropriate amount
of overhead and profit applicable to each item of work which will be
confirmed in writing by CONTRACTOR at the time of submission.
[X] Such prices shall be broken down to show labor, equipment, materials
and overhead and profit.
3.1.4. After award but prior to the submission of the progress schedule,
CONSULTANT, Contract Administrator and CONTRACTOR shall
meet with all utility owners and secure from them a schedule of
BID NO: 59-00101
DATE: 9/17/01
CITY OF MIAMI BEACH
61
utility relocation, provided, however, neither CONSULTANT nor
CITY shall be responsible for the nonperfonnance by the utility
owners.
3.2. At a time specified by CONSULTANT but before CONTRACTOR starts
the work at ~e Project site. a conference attended by CONTRACTOR,
CONSULTANT and others as deemed appropriate by Contract
Administrator, will be held to discuss the schedules referred to in Section
3.1, to discuss procedures for handling Shop Drawings and other
submittals and for processing Applications for Payment, and to establish a
working understanding among the parties as to the Work.
3.3. Within thirty-five (35) days from the Project Initiation Date set forth in the
Notice to Proceed, a conference attended by CONTRACTOR,
CONSULTANT and others, as appropriate, will be held to finalize the
schedules submitted in accordance with Section 3.1. Within forty-five (45)
days after the Project Initiation Date set forth in the Notice to Proceed, the
CONTRACTOR shall revise the original schedule submittal to address all
review comments from the CPM review conference and resubmit for
CONSULTANT review. The finalized progress schedule will be accepted
by CONSULTANT only as providing an orderly progression of the Work to
completion within the Contract Time, but such acceptance shall not
constitute acceptance by CITY or CONSULTANT of the means or
methods of construction or of the sequencing or scheduling of the Work,
and such acceptance will neither impose on CONSULTANT or CITY
responsibility for the progress or scheduling of the Work nor relieve
CONTRACTOR from full responsibility therefor. The finalized schedule of
Shop Drawing submissions must be acceptable to CONSULTANT as
providing a workable arrangement for processing the submissions. The
finalized schedule of values pursuant to Section 3.1.3 above must be
acceptable to CONSULTANT as to fonn and substance.
4. Perfonnance Bond and Pavment Bond:
Within fifteen (15) calendar days of being notified of the award. CONTRACTOR
shall furnish a Perfonnance Bond and a Payment Bond containing all the
provisions of the Perfonnance Bond and Payment Bond attached hereto as
fonns 00710 and 00720.
BID NO: 59-00/01
DATE: 9/17101
CITY OF MIAMI BEACH
61
4.1. Each Bond shall be In the amount of one hundred percent (100%) of the
Contract Price guaranteeing to CiTY the completion and perfonnance of
the work covered In such Contract as well as fun payment of all ~pprl8rs,
laborers, or subcontractors employed pursuant to this Project. Each Bond
shall be with a surety company which is qualified pursuant to ArtIcle 5.
4.2. Each Bond shall continue In effect for one year after Final Completion and
acceptance of the work with liability equal to one hundred percent (100%)
of the Contract sum, or an additional bond shall be conditioned that
CONTRACTOR will, upon notification by CITY, correct any defective or
faulty work or materials which appear within one year after Final
Completion of the Contract.
4.3. Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as
may be amended from time to time, CONTRACTOR shall ensure that the
bond(s) referenced above shall be recorded in the public records of
Miami-Dade County and provide CITY with evidence of such recording.
4.4. Alternate Form of Securitv.
In lieu of a Performance Bond and a Payment Bond, CONTRACTOR may
furnish alternate forms of security which may be in the form of cash,
money order, certified check, cashier's check or unconditional letter of
credit in the form attached hereto as Form 00735. Such alternate forms of
security shall be subject to the prior approval of CITY and for same
purpose and shall be subject to the same conditions as those applicable
above and shall be held by CITY for one year after completion and
acceptance of the Work.
5. Qualification of Suretv.
5.1. Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred
Thousand Dollars ($500,000.00):
5.1.1. Each bond must be executed by a surety company of recognized
star.ding, authorized to do business in the State of Florida as
surety, having a resident agent in the State of Florida and having
been in business with a record of successful continuous operation
for at least five (5) years.
5.1.2. The surety company shall hold a current certificate ~ authority as
acceptabie surety on federal bonds in accordance with United
States Department of Treasury Circular 570, Current Revisions. If
the amount of the Bond exceeds the underwriting limitation set forth
in the circular, in order to qualify, the net retention of the surety
BID NO: 59-00/01
DATE: 9/17/01
CITY OF MIAMI BEACH
63
company shall not exceed the underwriting limitation In the circular,
and the excess risks must be protected by coinsurance,
reinsurance, or other methods in accordance with Treasury Circular
297, revised September 1, 1978 (31 DFR SectIon 223.10, Section
223.111). Further, the surety company shall provide CITY with
evidence satisfactory to CITY, that such excess risk has been
protected in an acceptable manner.
5.1.3. The CITY will accept a surety bond from a company with a rating of
B+ or better for bonds up to $2 million, provided, however, that if
any surety company appears on the watch list that is published
quarterly by Intercom of the Office of the Florida Insurance
Commissioner, the CITY shall review and either accept or reject the
surety company based on the financial infonnation available to the
CITY. A surety company that is rejected by the CITY may be
substituted by the Bidder or proposer with a surety company
acceptable to the CITY, only if the bid amount does not increase.
The following sets forth, in general, the acceptable parameters for
bonds:
PoIicy- Financial
holder's Size
Amount of Bond Ratinas Cateaorv
500,001 to 1,000,000 B+ Class I
1,000,001 to 2,000,000 B+ Class II
2,000,001 to 5,000,000 A Class III
5,000,001 to 10,000,000 A Class IV
10,000,001 to 25,000,000 A Class V
25,000,001 to 50,000,000 A Class VI
50,000,001 or more A Class VII
5.2. For projects of $500,000.00 or less, CITY may accept a Bid Bond,
Perfonnance Bond and Payment Bond from a surety company which has
twice the minimum surplus and capital required by the Florida Insurance
Code at the time the invitation to bid is issued, if the surety company is
otherwise in compliance with the provisions of the Florida Insurance Code,
and if the surety company holds a currently valid certificate of authority
issued by the United States Department of the Treasury under Section
9304 to 9308 of Title 31 of the United States Code,.as may be amended
from time to time. The Certificate and Affidavit so certifying (Fonn 00722)
should be submitted with the Bid Bond and also with the Perfonnance
Bond and Payment Bond.
BID NO: 59-00101
DATE: 9/17/01
CITY OF MIAMI BEACH
64
5.3. More stringent requirements of any grantor agency are set forth within the
Supplemental Conditions. If there are no more stringent requirements, the
provisions of this section shall apply.
6. Indemnification
6.1 CONTRACTOR shall indemnify and hold harmless CITY, Its officers,
agents, directors, and employees, from liabilities, damages, losses, and
costs, including, but not limited to reasonable attomey's fees, to the extent
caused by the negligence, recklessness or intentional wrongful
misconduct of CONTRACTOR and persons employed or utilized by
CONTRACTOR in the performance of this Agreement. Except as
specifically provided herein, this Agreement does not require
CONTRACTOR to indemnify CITY, its employees, officers, directors, or
agents from any liability, damage, loss, claim, action, or proceeding.
These indemnifications shall survive the term of this Agreement. In the
event that any action or proceeding is brought against CITY by reason of
any such claim or demand, CONTRACTOR shall, upon written notice from
CITY, resist and defend such action or proceeding by counsel satisfactory
to CITY.
6.2 The indemnification provided above shall obligate CONTRACTOR to
defend at its own expense to and through appellate, supplemental or
bankruptcy proceeding, or to provide for such defense, at CITY's option,
any and all claims of liability and all suits and actions of every name and
description covered by Section 6.1 above which may be brought against
CITY whether performed by CONTRACTOR or persons employed or
utilized by CONTRACTOR.
7. Insurance Reauirements:
7.1. Without limiting any of the other obligations or liabilities of
CONTRACTOR, CONTRACTOR shall provide, pay for, and maintain in
force until all of its work to be performed under this Contract has been
completed and accepted by CITY (or for such duration as is otherwise
specified hereinafter), the insurance coverages set forth herein.
7.1.1. Workers' Compensation insurance to apply for all employees in
compliance with the "Workers' Compensation Law" of the State of
Florida and all applicable federal laws. In addition, the policy(ies)
must include:
BID NO: 59-00/01
DATE: 9/17/01
CITY OF MIAMI BEACH
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7.1.1.1. Employers' liability with a limit of
~ each accident.
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7.1.1.2. If any operations are to be undertaken on or about
navigable waters, coverage must be Induded for the U.S.
Longshoremen & Harbor Workers AJ;t, and Jones Ad..
7.1.2. Comprehensive General Liability with minimum limits of _
MllOon Dollars ($1,OOO,OOO.~) per occurrence, combined single
limit for Bodily Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more restrictive than the
latest edition of the Comprehensive General Liability policy, without
restrictive endorsements, as filed by the Insurance Services Office,
and must Include:
[ X] 7.1.2.1. Premises and/or Operations.
[X] 7.1.2.2. Independent Contractors.
[X] 7.1.2.3. Products and/or Completed Operations for contracts
over Fifty Thousand Dollars ($50,000.00)
CONTRACTOR shall maintain in force until at least
three years after completion ~ all work required under
the Contract, coverage for Products and Completed
Operations, including Broad Form Property Damage.
[X] 7.1.2.4. Explosion, Collapse and Underground Coverages.
[X] 7.1.2.5. Broad Form Property Damage.
[ X] 7.1.2.6. Broad Form Contractual Coverage applicable to this
specific Contract, induding any hold harmless and/or
indemnification agreement.
[ ] 7.1.2.7. Personal Injury Coverage with Employee and
Contractual Exclusions removed, with minimum limits of
coverage equal to those required for Bodily Injury
Liability and Property Damage Liability.
[X] 7.1.2.8. CITY is to be expressly Included as an Additional
Insured with respect to liability arising out of operations
performed for CITY by or on behalf of CONTRACTOR
or acts or omissions of CONTRACTOR in connection
with general supervision of such operation.
BID NO: 5,../01
DATE: 9/17/01
CITY OF MIAMI BEACH
66
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7.1.3. Business Automobile Liability with minimum limits of
per ocoorrence, combined single limit for
Bodily Injury liability and Property Damage Liability. Coverage
must be afforded on a fonn no more restrictive than the latest
edition of the Business Automobile liability policy, without
restrictive endorsements, as filed by the Insurance Services OffIce,
and must include:
7.1.3.1.
Owned Vehicles.
7.1.3.2.
7.1.3.3.
Hired and Non-Owned Vehicles.
Employers' Non-Ownership. (Not Applicable to this bid)
[] 7.1.4. Builder's Risk insurance for the construction of and/or addition to
aboveground buildings or structures isJis not required. The
coverage shall be "All Risk" coverage for 100 percent of the
completed value, covering CITY as a named insured, with a
deductible of not more than Five Thousand Dollars ($5,000.00)
each claim.
7.1.4.1. Waiver of Occupancy Clause or Warranty-Policy must
be specifically endorsed to eliminate any "Occupancy
Clause" or similar warranty or representation that the
building(s), addition(s) or structure(s) in the course of
construction shall not be occupied without specific
endorsement of the policy. The Policy must be
endorsed to provide that the Builder's Risk coverage
will continue to apply until final acceptance of the
building(s), addition(s) or structure(s) by CITY.
[ ] 7.1.4.2. Flood Insurance-When the buildings or structures are
located within an identified special flood hazard area,
flood insurance must be afforded for the lesser of the
total insurable value of such buildings or structures, or,
the maximum amount of flood insurance coverage
available under the National Flood Program.
[ ] 7.1.5. Installation Floater for the installation of machinery and/or
equipment into an existing structure isflS not required. The
coverage shall be "All Risk" coverage including installation and
transit for 100 percent of the "installed replacement cost value,"
covering CITY as a named insured, with a deductible of not more
than Five Thousand Dollars ($5,000.00) each claim.
BID NO: 5'-00101
DATE: 9/17/01
CITY OF MIAMI BEACH
67
Cessation of Insurance-Coverage Is not to cease and
Is to remain In force (subject to cancellation notice) until
final acceptance by CITY.
Flood Insurance-When the machinery or equipment is
located within an identified special flood hazard area,
flood insurance must be afforded for the lesser of the
total insurable value of such buildings or structure, or,
the maximum amount of flood insurance coverage
available under the National Flood Program.
7.2. If the initial insurance expires prior to the completion of the work, renewal
copies of policies shall be furnished at least thirty (30) days prior to the
date of their expiration.
7.1.5.1.
7.1.5.2.
7.3. Notice of Cancellation and/or Restriction-The policy(ies) must be
endorsed to provide CITY with at least thirty (30) days notice of
cancellation and/or restriction.
7.4. CONTRACTOR shall furnish to the City's Risk Manager Certificates of
Insurance or endorsements evidencing the insurance coverage specified
above within fifteen (15) calendar days lJfter notification of award of the
Contract. The required Certificates of Insurance shall name the types of
policies provided, refer specifically to this Contract, and state that such
insurance is as required by this Contract. The Certificate of Insurance
shall be in form similar to and contain the information set forth in Form
00708.
7.5. The official title of the Owner is the City of Miami Beach, Florida. This
official title shall be used in all insurance documentation.
8. Labor and Materials:
8.1. Unless otherwise provided herein, CONTRACTOR shall provide and pay
for all materials, labor, water, tools, equipment, light, power, transportation
and other facilities and services necessary for the proper execution and
completion of the Work, whether temporary or permanent and whether or
not incorporated or to be incorporated in the Work.
8.2. CONTRACTOR shall at all times enforce strict discipline and good order
among its employees and subcontractors at the project site and shall not
employ on the Project any unfit person or anyone not skilled in the work to
which they are assigned.
BID NO: 59-00/01
DATE: 9/17/01
CITY OF MIAMI BEACH
6.
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9. Roveltles and Patents:
All fees, royalties, and claims for any Invention, or pretended inventions, or
patent of any article, material, arrangement, appliance, or method that may be
used upon or in any manner be connected with the construction of the Work or
appurtenances, are hereby included in the prices stipulated in this Contract for
said work.
10. Weather:
Extensions to the Contract Time for delays caused by the effects of inclement
weather shall be submitted as a request for a change in the Contract Time
pursuant to ArtIcle 40. These time extensions are justified only when rains or
other inclement weather conditions or related adverse soil conditions prevent
CONTRACTOR from productively performing controlling items of work identified
on the accepted schedule or updates resulting in:
(1) CONTRACTOR being unable to work at least fifty percent (50%) of the
normal workday on controlling items of work identified on the accepted
schedule or updates due to adverse weather conditions; or
(2) CONTRACTOR must make major repairs to the Work damaged by
weather. Providing the damage was not attributable to a failure to perform
or neglect by CONTRACTOR, and providing that CONTRACTOR was
unable to work at least fifty percent (50%) of the normal workday on
controlling items of work identified on the accepted schedule or updates.
11. Permits. Licenses and Imoact Fees:
11.1. Except as otherwise provided within the Supplemental Conditions, all
permits and licenses required by federal, state or local laws, rules and
regulations necessary for the prosecution of the Work undertaken by
CONTRACTOR pursuant to this Contract shall be secured and paid for by
CONTRACTOR. It is CONTRACTOR's responsibility to have and maintain
appropriate Certificate(s) of Competency, valid for the Work to be
performed and valid for the jurisdiction in which the Work is to be
performed for all persons working on the Project for whom a Certificate of
Competency is required.
11.2. Impact fees levied by the City and/or Miami-Dade County shall be paid by
CONTRACTOR. CONTRACTOR shall be reimbursed only for the actual
amount of the impact fee levied by the municipality as evidenced by an
invoice or other acceptable documentation issued by the municipality.
Reimbursement to CONTRACTOR in no event shall include profit or
overhead of CONTRACTOR.
BID NO: 5'..../01
DATE: 9/17/01
CITY OF MIAMI BEACH
69
12. Resolution of Disoutes:
12.1 To prevent all disputes and litigation, lt Is agreed by the parties hereto that
CONSULTANT shall decide all questions, claims. difticulties and disputes
of whatever nature which may arise relative to the technical interpretation
of the Contract Documents and fulfillment of this Contract as to the
character, quality, amount and value of any work done and materials
furnished, or proposed to be done or furnished under or, by reason of, the
Contract Documents and CONSUL TANrs estimates and decisions upon
all claims, questions, difficulties and disputes shall be final and binding to
the extent provided in Section 12.2. Any claim, question, difficulty or
dispute which cannot be resolved by mutual agreement of CITY and
CONTRACTOR shall be submitted to CONSULTANT in writing within
twenty-one (21) calendar days. Unless a different period of time is set
forth herein, CONSULTANT shall notify CITY and CONTRACTOR in
writing of CONSULT ANrs decision within twenty-one (21) calendar days
from the date of the submission of the claim, question, difficulty or dispute,
unless CONSULTANT requires additional time to gather information or
allow the parties to provide additional information. All nontechnical
administrative disputes shall be determined by the Contract Administrator
pursuant to the time periods provided herein. During the pendency of any
dispute and after a determination thereof, CONTRACTOR, CONSULTANT
and CITY shall act in good faith to mitigate any potential damages
including utilization of construction schedule changes and alternate means
of construction.
12.2 In the event the determination of a dispute under this Article is
unacceptable to either party hereto, the party objecting to the
determination must notify the other party in writing within ten (10) days of
receipt of the written determination. The notice must state the basis of the
objection and must be accompanied by a statement that any Contract
Price adjustment claimed is the entire adjustment to which the objecting
party has reason to believe lt is entitled to as a result of the determination.
Within sixty (60) days after Final Completion of the Work, the parties shall
participate in mediation to address all objections to any determinations
hereunder and to attempt to prevent litigation. The mediator shall be
mutually agreed upon by the parties. Should any objection not be
resolved in mediation, the parties retain all their legal rights and remedies
provided under State law. A party objecting to a determination specifically
waives all of its rights provided hereunder, including its rights and
remedies under State law, if said party fails to comply in strict accordance
with the requirements of this Article.
BID NO: 59-00101
DATE: 9117101
CITY OF MIAMI BEACH
70
13. Insoectlon of Work:
13.1. CONSULTANT and CITY shan at all times have access to ~e Work, and
CONTRACTOR shall provide proper facilities for such access and for
inspecting, measuring and testing.
13.1.1. Should the Contract Documents, CONSULTANT's instructions,
any laws, ordinances, or any public authority require any of the
Work to be specially tested or approved. CONTRACTOR shall
give CONSULTANT timely notice of readiness of the Work for
testing. If the testing or approval is to be made by an authority
other than CITY, timely notice shall be given of the date fixed
for such testing. Testing shall be made promptly, and, where
practicable, at the source of supply. If any of the Work should
be covered up without approval or consent of CONSULTANT, it
must, if required by CONSULTANT, be uncovered for
examination and properly restored at CONTRACTOR's
expense.
13.1.2. Reexamination of any of the Work may be ordered by
CONSULTANT with prior written approval by the Contract
Administrator, and if so ordered, the Work must be uncovered
by CONTRACTOR. If such Work is found to be in accordance
with the Contract Documents, CITY shall pay the cost of
reexamination and replacement by means of a Change Order.
If such Work is not in accordance with the Contract Documents,
CONTRACTOR shall pay such cost.
13.2. Inspectors shall have no authority to pennit deviations tom, nor to relax
any of the provisions of, the Contract Documents nor to delay the Contract
by failure to inspect the materials and work with reasonable promptness
without the written pennission or instruction of CONSULTANT.
13.3. The payment of any compensation, whatever may be its character or fonn,
or the giving of any gratuity or the granting of any favor by CONTRACTOR
to any inspector, directly or indirectly, is strictly prohibited, and any such
act on the part of CONTRACTOR will constitute a breach of this Contract.
14. Suoerintendence and Suoervision:
14.1. The orders of CITY are to be given through CONSULTANT, which
instructions are to be strictly and promptly followed In every case.
CONTRACTOR shall keep on the Project during its progress, a full-time
competent English speaking superintendent and any necessary
assistants, all satisfactory to CONSULTANT. The superintendent shall not
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DATE: 9/17/01
CITY OF MIAMI BEACH
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be changed except with the written consent of CONSULTANT, unless the
superintendent proves to be unsatisfactory to CONTRACTOR and ceases
to be in Its employ. The superintendent shall represent CONTRACTOR
and all directions given to ~e superintendent shall be as binding as if
given to CONTRACTOR and will be confirmed in writing by
CONSULTANT upon the written request of CONTRACTOR.
CONTRACTOR shall give efficient supervision to the Wort<, using Its best
skill and attention.
14.2. Daily, CONTRACTOR's superintendent shall record, at a minimum, the
following information in a bound log: the day; date; weather conditions
and how any wea~er condition affected progress of the Work; time of
commencement of work for the day; the work being performed; materials,
labor, personnel, equipment and subcontractors at the Project site; visitors
to the Project site, including representatives of , CONSULTANT,
regulatory representatives; any special or unusual conditions or
occurrences encountered; and the time of termination of wort< for the day.
All information shall be recorded in the daily log in ink. The daily log shall
be kept on the Project site and shall be available at all times for inspection
and copying by CITY and CONSULTANT.
14.3. The Contract Administrator, CONTRACTOR and CONSULTANT shall
meet at least weekly or as determined by the Contract Administrator,
during the course of the Wort< to review and agree upon the wort<
performed to date and to establish the controlling items of wort< for the
next two weeks. The CONSULTANT shall publish, keep, and distribute
minutes and any comments thereto of each such meeting.
14.4. If CONTRACTOR, in the course of prosecuting the Wort<, finds any
discrepancy between the Contract Documents and the physical conditions
of the locality, or any errors, omissions, or discrepancies in the Project
Manual, it shall be CONTRACTOR's duty to immediately inform
CONSULTANT, in writing, and CONSULTANT will promptly review the
same. Any work done after such discovery, until authorized, will be done
at CONTRACTOR's sole risk. .
14.5. CONTRACTOR shall supervise and direct the Work competently and
efficiently, devoting such attention thereto and applying such skills and
expertise as may be necessary to perform the Work in accordance with
the Contract Documents. CONTRACTOR shall be solely responsible for
the means, methods, techniques, sequences and procedures of
construction.
aiD NO: 59-00101
DATE: '/17101
CITY OF MIAMI BEACH
7Z
15. !;(1TY's Rlaht to Terminate Contract
15.1. If CONTRACTOR fails to begin the Work within fifteen (15) calendar days
after the Project Initiation Date, or fails to perform the Work with suflicient
workers and equipment or with sufficient materials to insure the prompt
completion of the Work, or shall perform the Work unsuitably, or cause it
to be rejected as defective and unsuitable, or shall discontinue the
prosecution of the Work pursuant to the accepted schedule or if
CONTRACTOR shall fail to perform any material term set forth in the
Contract Documents or if CONTRACTOR shall become insolvent or be
declared bankrupt, or commit any act of bankruptcy or insolvency, or shall
make an assignment for the benefit of creditors, or from any other cause
whatsoever shall not carry on the Work in an acceptable manner, Contract
Administrator may give notice in writing to CONTRACTOR and its Surety
of such delay, neglect or default, specifying the same. If CONTRACTOR,
within a period of five (5) calendar days after such notice, shall not
proceed in accordance therewith, then CiTY may upon written certificate
from CONSULTANT of the fact of such delay, neglect or default and
CONTRACTOR's failure to comply with such notice, terminate the
services of CONTRACTOR, exdude CONTRACTOR from the Project site
and take the prosecution of the Work out of the hands of CONTRACTOR,
and appropriate or use any or all materials and equipment on the Project
site as may be suitable and acceptable. In such case, CONTRACTOR
shall not be entitled to receive any further payment until the Project is
completed. in addition CITY may enter into an agreement for the
completion of the Project according to the terms and provisions of the
Contract Documents, or use such other methods as in CITY's sole opinion
shall be required for the completion of the Project according to the terms
and provisions of the Contract Documents, or use such other methods as
in CiTY's soie opinion shall be required for the completion of the Project in
an acceptable manner. All damages, costs and charges incurred by CITY,
together with the costs of compieting the Project, shall be deducted from
any monies due or which may become due to CONTRACTOR. In case
the damages and expenses so incurred by CITY shall exceed the unpaid
balance, then CONTRACTOR shall be liable and shall pay to CITY the
amount of said excess.
15.2. if after notice of termination of CONTRACTOR's right to proceed, it is
determined for any reason that CONTRACTOR was not in default, the
rights and obligations of CITY and CON'rRACTOR shall be the same as if
the notice of termination had been issued pursuant to the Termination for
Convenience clause as set forth in Section 15.3 below.
BID NO: 59-80/01
DATE: 9/17/01
CITY OF M1AM1 BEACH
73
15.3. This Contract may be terminated for convenience In writing by CITY upon
ten (10) days written notice to CONTRACTOR (delivered by certified mail,
return receipt requested) ~ intent to terminate and the date on which such
termination becomes effective. In such case, CONTRACTOR shall be
paid for all work executed and expenses Incurred prior to termination in
addition to termination settlement costs reasonably Incurred by
CONTRACTOR relating to commitments which had become firm prior to
the termination. Payment shall include reasonable profit for worI<Jservices
satisfactorily performed. No payment shall be made for profit for
work/services which have !!Q! been performed.
15.4. Upon receipt of Notice of Termination pursuant to Sections 15.1 or 15.3
above, CONTRACTOR shall promptly discontinue all affected work unless
the Notice of Termination directs otherwise and deliver or otherwise make
available to CITY all data, drawings, specifications, reports, estimates,
summaries and such other information as may have been required by the
Contract Documents whether completed or in process.
16. CONTRACTOR's Riaht to StoD WorK or Terminate Contract:
Should CONSULTANT fail to review and approve or state in writing reasons for
nonapproval of any Application for Payment within twenty (20) days after it is
presented, or if CITY fails either to pay CONTRACTOR within thirty (30) days
after presentation by CONSULTANT of any sum certified by CONSULTANT, or
to notify CONTRACTOR and CONSULTANT in writing of any objection to the
Application for Payment, then CONTRACTOR may, give written notice to CITY
and CONSULTANT of such delay, neglect or default, specifying the same. If
CITY or CONSULTANT (where applicable), within a period of ten (10) calendar
days after such notice shall not remedy the delay, neglect, or default upon which
the notice is based, then CONTRACTOR may stop work or terminate this
Contract and recover from CITY payment for all worK executed and reasonable
expenses sustained therein plus reasonable termination expenses. Any
objection made by CITY to an Application for Payment shall be submitted to
CONSULTANT in accordance with the provisions ~ Article 12 hereof.
17. Assianment
Neither party hereto shall assign the Contract or any subcontract in whole or in
part without the written consent of the other, nor shall CONTRACTOR assign any
monies due or to become due to It hereunder, without the previous written
consent of the Mayor and City Commission.
BID NO: 59-00101
DATE: 9/17/01
CITY OF MIAMI BEACH
74
18. Rklhts of Various Interests:
Whenever work being done by CITY's forces or by other contractors Is
contigoous to or within the limits of work covered by this Contract, the respectlv8
rights of the various interests involved shall be established by the Contract
Administrator to secure the completion of the various portions of the work In
general harmony.
19. Differina Site Conditions:
In the event that during the course of the Work CONTRACTOR encounters
subsurface or concealed conditions at the Project site which differ materially from
those shown on the Contract Documents and from those ordinarily encountered
and generally recognized as inherent in work of the character called for in the
Contract Documents; or unknown physical conditions of the Project site, of an
unusual nature, which differ materially from that ordinarily encountered and
generally recognized as inherent in work of the character called for in the
Contract Documents, CONTRACTOR, without disturbing the conditions and
before performing any work affected by such conditions, shall, within twenty-four
(24) hours of their discovery, notify CITY and CONSULTANT in writing of the
existence of the aforesaid conditions. CONSULTANT and CITY shall, within two
(2) business days after receipt of CONTRACTOR's written notice, investigate the
site conditions identified by CONTRACTOR. If, in the sole opinion of
CONSULTANT, the conditions do materially so differ and cause an increase or
decrease in CONTRACTOR's cost of, or the time required for, the performance
of any part of the Work, whether or not charged as a result of the conditions,
CONSULTANT shall recommend an equitable adjustment to the Contract Price,
or the Contract Time, or both. If CITY and CONTRACTOR cannot agree on an
adjustment in the Contract Price or Contract Time, the adjustment shall be
referred to CONSULTANT for determination in accordance with the provisions of
Article 12. Should CONSULTANT determine that the conditions of the Project
site are not so materially different to justify a change in the terms of the Contract,
CONSULTANT shall so notify CITY and CONTRACTOR in writing, stating the
reasons, and such determination shall be final and binding upon the parties
hereto.
No request by CONTRACTOR for an equitable adjustment to the Contract under
this provision shall be allowed unless CONTRACTOR has given written notice in
strict accordance with the provisions of this Article. No request for an equitable
adjusiment or change to the Contract Price or Contract Time for differing site
conditions shall be allowed if made after the date certified by CONSULTANT as
the date of substantial completion.
BID NO: 59-00101
DATE: 9/17/01
CITY OF ML\MI BEACH
75
20. Plans and Wortdna Drawlnas:
CITY, ~rough CONSULTANT, shall have the right to modify the details of the
plans and specifications, to supplement the plans and specifications with
additional plans, drawings or additional information as ~e Work proceeds, all of
which shall be considered as part of the project Manual. In case of
disagreement between the written and graphic portions of the Project Manual,
the written portion shall govern.
21. CONTRACTOR to Check Plans. Sceciflcations and Data:
CONTRACTOR shall verify all dimensions, quantities and details shown on the
plans, specifications or other data received from CONSULTANT, and shail notify
CONSULTANT of all errors, omissions and discrepancies found therein within
three (3) calendar days of discovery. CONTRACTOR will not be allowed to take
advantage of any error, omission or discrepancy, as full instructions will be
furnished by CONSULTANT. CONTRACTOR shall not be liable for damages
resulting from errors, omissions or discrepancies in the Contract Documents
unless CONTRACTOR recognized such error, omission or discrepancy and
knowingly failed to report it to CONSULTANT.
22. CONTRACTOR's Resoonsibilitv for Damaoes and Accidents:
22.1. CONTRACTOR shall accept full responsibility for the Work against all loss
or damage of whatsoever nature sustained until final acceptance by CITY,
and shall promptly repair any damage done from any cause whatsoever,
except as provided in Article 29.
222. CONTRACTOR shall be responsible for all materials, equipment and
supplies pertaining to the Project. In the event any such materials,
equipment and supplies are lost, stolen, damaged or destroyed prior to
final acceptance by CITY, CONTRACTOR shall replace same without cost
to CITY, except as provided in Article 29.
23. Warrantv.
CONTRACTOR warrants to CITY that all materials and equipment furnished
under this Contract will be new unless otherwise specified and that all of the
Work will be of good quality, free from faults and defects and in conformance with
the Contract Documents. All work not conforming to these requirements,
including substitutions not properly approved and authorized, may be considered
defective. If required by CONSULTANT, CONTRACTOR shan furnish
satisfactory evidence as to the kind and quality of materials and equipment. This
warranty Is not limited by the provisions of Article 25 herein.
BID NO: st-llOlOl
DATE: J117101
CITY OF MIAMI BEACH
76
24. SUDDlementarv Drawlnaa:
24.1. When, in the opinion of CONSULTANT, it becomes necessary to explain
the Work to be done more fully, or to illustrate the Work further, or to show
any changes which may be required, supplementary drawings, with
specifications pertaining thereto, will be prepared by CONSULTANT.
24.2. The supplementary drawings shall be binding upon CONTRACTOR with
the same force as the Project Manual. Where such supplementary
drawings require either less or more than the original quantities of work,
appropriate adjustments shall be made by Change Order.
25. Defective Work:
25.1. CONSULTANT shall have the authority to reject or disapprove work which
CONSULTANT finds to be defective. If required by CONSULTANT,
CONTRACTOR shall promptly either correct all defective work or remove
such defective work and replace it with nondefective work.
CONTRACTOR shall bear all direct, indirect and consequential costs of
such removal or corrections including cost of testing laboratories and
personnel.
25.2. Should CONTRACTOR fail or refuse to remove or correct any defective
work or to make any necessary repairs in accordance with the
requirements of the Contract Documents within the time indicated in
writing by CONSULTANT, CITY shall have the authority to cause the
defective work to be removed or corrected, or make such repairs as may
be necessary at CONTRACTOR's expense. Any expense incurred by
CITY in making such removals, corrections or repairs, shall be paid for out
of any monies due or which may become due to CONTRACTOR, or may
be charged against the Performance Bond. In the event of failure of
CONTRACTOR to make all necessary repairs promptly and fully, CITY
may declare CONTRACTOR in default.
25.3. If, within one (1) year after the date of substantial completion or such
longer period of time as may be prescribed by the terms of any applicable
special warranty required by the Contract Documents, or by any specific
provision of the Contract Documents, any of the Work is found to be
defective or not in accordance wi~ the Contract Documents,
CONTRACTOR, after receipt ~ written notice from CITY, shall promptly
correct such defective or nonconforming Work within the time specified by
CITY without cost to CITY, to do so. Nothing contained herein shall be
construed to establish a period of limitation with respect to any other
obligation which CONTRACTOR might have under the Contract
Documents including but not limited to, ArtIcle 23 hereof and any claim
regarding latent defects.
BID NO: 59-80101
DATE: "17/01
CITY OF M1AM1BEACB
77
25A. Failure to reject any defective work or material shaH not In any way
prevent later rejection when such defect Is discovered, or obligate CITY to
final acceptance.
26. Taxes:
CONTRACTOR shall pay all applicable sales, consumer, use and other taxes
required by law. CONTRACTOR is responsible for reviewing the pertinent state
statutes involving state taxes and complying with all requirements.
27. Subcontracts:
27.1. CONTRACTOR shall not e~loy any subcontractor against whom CITY or
CONSULTANT may have a reasonable objection. CONTRACTOR shall
not be required to employ any subcontractor against whom
CONTRACTOR has a reasonable objection.
27.2. CONTRACTOR shall be fully responsible for all acts and omissions of its
subcontractors and of persons directly or indirectly employed by its
subcontractors and of persons for whose acts any of them may be liable to
the same extent that CONTRACTOR is responsible for the acts and
omissions of persons directly employed by it. Nothing in the Contrac;t
Documents shall create any contractual relationship between any
subcontractor and CITY or any obligation on the part of CITY to payor to
see the payment of any monies due any subcontractor. CITY or
CONSULTANT may furnish to any subcontractor evidence of amounts
paid to CONTRACTOR on account of specific work performed.
27.3. CONTRACTOR agrees to bind specifically every subcontractor to the
applicable terms and conditions of the Contract Documents for the benefit
of CITY.
[X] 27.4. CONTRACTOR shall perform the Work with its own organization,
amounting to not less than tten~ m percent of the Contract Price.
28. Seoarate Contracts:
28.1. CITY reserves the right to let other contracts in connection with this
Project. CONTRACTOR shall afford other persons reasonable opporfunity
for the introduction and storage of their materials and the execution of
their work and shall properly connect and coordinate this Work with theirs.
28.2. If any part of CONTRACTOR's Work depends for proper execution or
results upon the work of any other persons, CONTRACTOR shall inspect
BID NO: 59-00/01
DATE: 9/17/01
CITY OF MIAMI BEACH
71
and promptly report to CONSULTANT any cIefects in such work that
render it unsuitable for such proper execution and results.
CONTRACTOR's failure to so inspect and report shall constitute an
acceptance of the other person's work as fit and proper for the reception of
CONTRACTOR's Wort<, except as to defects which may develop in other
contractor's work after the execution of CONTRACTOR's.
28.3. CONTRACTOR shall conduct its operations and take all reasonable steps
to coordinate the prosecution of the Work so as to create no interference
or impact on any other contractor on the site. Should such interference or
impact occur, CONTRACTOR shall be liable to the affected contractor for
the cost of such interference or impact.
28.4. To insure the proper execution of subsequent work, CONTRACTOR shall
inspect the work already in place and shall at once report to
CONSULTANT any discrepancy between the executed work and the
requirements of the Contract Documents.
29. Use of ComDleted Portions:
29.1. CITY shall have the right at its sole option to take posseSSion of and use
any completed or partially completed portions of the Project. Such
possession and use shall not be deemed an acceptance of any of the
Work not completed in accordance with the Contract Documents. If such
possession and use increases the cost of or delays the Work,
CONTRACTOR shall be entitled to reasonable extra compensation, or
reasonable extension of time or both, as recommended by CONSULTANT
and approved by CITY.
29.2. In the event CITY takes possession of any completed or partially
completed portions of the Project, the following shall occur:
292.1. CITY shall give notice to CONTRACTOR in writing at least
thirty (30) calendar days prior to CITY's intended occupancy of
a designated area.
292.2. CONTRACTOR shall complete to the point of Substantial
Completion the designated area and request inspection and
issuance of a Certificate of Substantial Completion in the form
attached hereto as 00925 from CONSULTANT.
BID NO: 5'-GOIOl
DATE: "17/G1
CITY OF MIAMI BEACH
7'
29.2.3. Upon CONSULTANT's issuance of a CertIlIcate of Substantial
Completion, CITY will assume fuI responsibility for
maintenance, utilities, subsequent damages of CITY and
public, adjustment of insurance coverages and start of warranty
for the occupied area.
29.2.4. CONTRACTOR shan complete all items noted on the
Certificate of Substantial Completion within the time specified
by CONSULTANT on the Certificate of Substantial Completion,
as soon as possible and request final inspection and final
acceptance of ~e portion of the Work occupied. Upon
completion of final inspection and receipt of an application for
final payment, CONSULTANT shall issue a Final Certificate of
Payment relative to the occupied area.
29.2.5. If CITY finds it necessary to occupy or use a portion or portions
of the Work prior to Substantial Completion thereof, such
occupancy or use shall not commence prior to a time mutually
agreed upon by CITY and CONTRACTOR and to which the
insurance company or companies providing the property
insurance have consented by endorsement to the policy or
policies. Insurance on the unoccupied or unused portion or
portions shall not be canceled or lapsed on account of such
partial occupancy or use. Consent of CONTRACTOR and of
the insurance company or companies to such occupancy or
use shall not be unreasonably withheld.
30. Lands for Work:
30.1. CITY shall provide, as may be indicated in the Contract Documents, the
lands upon which the Work is to be performed, rights-of-way and
easements for access thereto and such other lands as are designated by
CITY or the use of CONTRACTOR.
30.2. CONTRACTOR shall provide, at CONTRACTOR's own expense and
without liability to CITY. any additional land and access thereto that may
be required for temporary construction facilities, or for storage of
materials. CONTRACTOR shall furnish to CITY copies of written
pennisslon obtained by CONTRACTOR from the owners of such facilities.
31. Leaal Restrictions and Traflic Provisions:
CONTRACTOR shall conform to and obey an applicable laws, regulations, or
ordinances with regard to labor employed, hours of work and CONTRACTOR's
general operations. CONTRACTOR shall coroduct its operations so as not to
Bm NO: 59-00101
DATE: 9/17101
CITY OF MIAMI BEACH
I'
cIo8e any thoroughfare, nor Interfere In any way with traIIIc on railway, highways,
or water, without the prior written consent of the proper authorities.
32. Location and Oamaae to Exlstina Facilities. EaulDment or UtIItIes:
32.1. As far as possible, all existing utility lines In the Project area have been
shown on the plans. However, CITY does not guarantee that all lines are
shown, or that the ones Indicated are In their true location. It shall be the
CONTRACTOR S responsibility to identify and locate all underground
and overhead utility lines or equipment affecting or affected by ~e Project.
No additional payment will be made to ~e CONTRACTOR because of
discrepancies in actual and plan location of utilities, and damages suffered
as a result thereof.
32.2. The CONTRACTOR shall notify each utility company involved at least ten
(10) days prior to the start of construction to arrange for positive
underground location, relocation or support of Its utility where that utility
may be in conflict with or endangered by the proposed construction.
Relocation of water mains or other utilities for the convenience of the
CONTRACTOR shall be paid by the CONTRACTOR. All charges by utility
companies for temporary support of its utilities shall be paid for by the
CONTRACTOR. All costs of permanent utility relocation to avoid conflict
shall be the responsibility of the utility company involved. No additional
payment will be made to the CONTRACTOR for utility relocations,
whether or not said relocation is necessary to avoid conflict with other
lines.
32.3. The CONTRACTOR shall schedule the work in such a manner that the
work is not delayed by the utility providers relocating or supporting their
utilities. The CONTRACTOR shall coordinate Its activities with any and all
public and private utility providers occupying the right-of-way. No
compensation will be paid to the CONTRACTOR for any loss of time or
delay.
32.4. All overhead, surface or underground structures and utilities encountered
are to be carefully protected from IrljUry or displacement. All damage to
such structures is to be completely repaired within a reasonable time;
needless delay will not be tolerated. The CITY reserves the right to
remedy such damage by ordering outside parties to make such repairs at
the expense of the CONTRACTOR. All such repairs made by the
CONTRACTOR are to be made to the satisfaction of the utility owner. All
damaged utilities must be replaced or fully repaired. All repairs are to be
inspected by the utility owner prior to backfilling.
BID NO: 59-00/01
DATE: J117/01
CITY OF MIAMI BUCB
81
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33. Value EnalneertQg:
CONTRACTOR may request ~b8tItUtlOn of meterl811, articles, pieces of
equipment or any changes that reduce tha Contred PrIce by maldng such
request to CONSULTANT in writing. CONSULTANT wiI be the sole judge of
acceptability, and no substitute win be ordered, Installed, used or Initiated without
CONSULTANT's prior written acceptance which win be evidenced by either a
Change Order or an approved Shop Drawing. However, any substitution
accepted by CONSULTANT shall not result in any increase in the Contract Price
or Contract Time. By making a request for substitution, CONTRACTOR agrees
to pay directly to CONSULTANT all CONSULTANT's fees and charges related to
CONSULTANT's review of the request for substitution, whether or not the
request for substitution is accepted by CONSULTANT. Any substitution
submitted by CONTRACTOR must meet the form, fit, function and life cycle
criteria of the item proposed to be replaced and there must be a net dollar
savings including CONSULTANT review fees and charges. If a substitution is
approved, the net dollar savings shall be shared equally between
CONTRACTOR and CITY and shall be processed as a deductive Change Order.
CITY may require CONTRACTOR to furnish at CONTRACTOR's expense a
special performance guarantee or other surety with respect to any substitute
approved after award of the Contract.
34. Continuino the Work:
CONTRACTOR shall carry on the Work and adhere to the progress schedule
during all disputes or disagreements with CITY, including disputes or
disagreements concerning a request for a Change Order, a request for a change
in the Contract Price or Contract Time. The Work shall not be delayed or
postponed pending resolution of any disputes or disagreements.
35. Chanoes in the Work or Terms of Contract Documents:
35.1. Without invalidating the Contract and without notice to any surety CITY
reserves and shall have the right, from time to time to make such
increases, decreases or other changes in the character or quantity of the
Work as may be considered necessary or desirable to complete fully and
acceptably the proposed construction in a satisfactory manner. Any extra
or additional work within the scope of this Project rnust be accomplished
by means of appropriate Field Orders and Supplemental Instructions or
Change Orders.
35.2. Any changes to the terms of the Contract Documents must be contained
in a written document, executecl by the parties hereto, with the same
formality and of equal dignity prior to the Initiation of any work reflecting
BID NO: 5f.II/Ol
DATE: 9117111
CITY OF MIAMI BEACH
8Z
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such change. This section shall not prohibit the Issuance of Change
Orders executed only by CITY IS hereinafter provided.
36. FltJd Orders and SuDOlementallnstructions:
36.1. The Contract Administrator, through CONSULTANT, shall have the right
to approve and issue Field Orders setting forth written Interpretations of
the intent of the Contract Documents and ordering minor changes In Work
execution, providing ~e Field Order involves no change in the Contract
Price or the Contract Time.
362. CONSULTANT shall have the right to approve and issue Supplemental
Instructions setting forth written orders, instructions, or interpretations
concerning the Contract Documents or its perfonnance, provided such
Supplementallnstructlons involve no change in the Contract Price or the
Contract Time.
37. Chanae Orders:
37.1. Changes in the quantity or character of the Work within the scope of the
Project which are not property the subject of Field Orders or Supplemental
Instructions, including all changes resulting in changes in the Contract
Price, or the Contract Time, shall be authorized only by Change Orders
approved in advance and issued in accordance with the provisions of the
CITY.
372. All changes to construction contracts must be approved in advance in
accordance with the value of the Change Order or the calculated value of
the time extension. All Change Orders with a value of $25,000 ore more
shall be approved in advance by the Mayor and City Commission. All
Change Orders with a value of less than $25,000 shall be approved in
advance by the City Manager or his designee.
37.3. In the event satisfactory adjustment cannot be reached for any item
requiring a change in the Contract Price or Contract Time, and a Change
Order has not been Issued, CITY reserves the right at its sole option to
either tenninate the Contract as it applies to the items in question and
make such arrangements as may be deemed necessary to complete the
disputed work; or submit the matter in dispute to CONSULTANT as set
forth in Article 12 hereof. During the pendency of the dispute, and upon
receipt of a Change Order approved by CITY, CONTRACTOR shall
promptly proceed with the change in the Work involved and advise the
CONSULTANT and Contract Administrator In writing within seven (7)
calendar days of CONTRACTOR's agreement or disagreement with the
BID NO: 59-G0101
DATE: J117181
CITY OF MIAMI BEACH
13
m~, If any, provided In h Change Order for detennlnlng h
proposed adjustment In ~ Contract PrIce or Contract Time.
37.4. On approval of any Contract change Increaalng h Contract PrIce,
CONTRACTOR shall ensure that the performance bond and payment
bond are increased so that each reflects h total Contract Price as
increased.
37.5. Under circumstances determined necessary by CITY, Change Orders may
be issued unilaterally by CITY.
38. Value of Chanae Order Work:
38.1. The value of any work covered by a Change Order or of any claim for an
increase or decrease in the Contract Price shall be determined in one of
the following ways:
38.1.1. Where the work involved is covered by unit prices contained in
the Contract Documents, by application of unit prices to the
quantities of items involved, subject to the provisions of Section
38.7.
38.1.2. By mutual acceptance of a lump sum which CONTRACTOR
and CITY acknowledge contains a component for overhead and
profit.
38.1.3. On the basis of the .cost of work,. determined as provided in
Sections 38.2 and 38.3, plus a CONTRACTOR's fee for
overhead and profit which is determined as provided in Section
38.4.
382. The term .cost of work. means the sum of all direct costs necessarily
incurred and paid by CONTRACTOR in the proper performance of the
Work described in the Change Order. Except as otherwise may be
agreed to in writing by CITY, such costs shall be in amounts no higher
than those prevailing in the locality of the Project, shall include only the
following items and shall not include any of the costs itemized in Section
38.3.
38.2.1. Payroll costs for employees in the direct employ of
CONTRACTOR in the performance of the work desaibed in the
Change Order under schedules of job classifications agreed
upon by CITY and CONTRACTOR. Payroll costs for employees
not employed full time on the work covered by the Change
Order shall be apportioned on the basis of their time spent on
BID NO: 59-G0101 CITY OF MIAMI BEACH
DATE: 9/17/t1 ...
the work. Payroll costs shall Include, but not be Dmlted to,
salaries and wages plus ~e cost of fringe benefits which shan
Include social security contributions, unemployment, excise and
peyroll taxes, workers' or workmen's compensation, health and
retirement benefits, bonuses, sick leave, vacation and holiday
pay application ~ereto. Such employsss shall include
superintendents and foremen at the site. The expenses of
performing the work after regular working hours, on Sunday or
legal holidays, shall be included in the above to the extent
authorized by CITY.
38.2.2. Cost of all materials and equipment furnished and Incorporated
in the work, including costs of transportation and storage
thereof, and manufacturers' field services required in connection
therewith. All cash discounts shall accrue to CONTRACTOR
unless CITY deposits funds with CONTRACTOR with which to
make payments, in which case the cash discounts shall accrue
to CITY. All trade discounts, rebates and refunds, and all
retums from sale of surplus materials and equipment shall
accrue to CITY and CONTRACTOR shall make provisions so
that they may be obtained. Rentals of all construction
equipment and machinery and the parts thereof whether rented
from CONTRACTOR or others in accordance with rental
agreements approved by CITY with the advice of
CONSULTANT and the costs of transportation, loading,
unloading, installation. dismantling and removal thereof, all in
accordance with the terms of said agreements. The rental of
any such equipment. machinery or parts shall cease when the
use thereof is no longer necessary for the work.
38.2.3. Payments made by CONTRACTOR to Subcontractors for work
performed by Subcontractors. If required by CITY,
CONTRACTOR shall obtain competitive bids from
Subcontractors acceptable to CONTRACTOR and shall deliver
such bids to CITY who will ~en determine, with the advice of
CONSULTANT. which bids will be accepted. If the Subcontract
provides that the Subcontractor is to be paid on the basis of cost
of the work plus a fee, the Subcontractor's cost of the work shall
be determined in the same manner as CONTRACTOR'S cost ~ _
the work. All Subcontractors shall be subject to the other
provisions of the Contract Documents insofar as applicable.
38.2.4. Cost of special consultants, including, but not limited to.
engineers, architects. testing laboratories, and surveyors
BID NO: 5'-00/01 CITY OF MIAMI BEACH
DA TK: 9/17/01 85
employecl for services speclfk:ally related to the performance cI
~e wort< described in the Change Order.
382.5. SUpplemental costs incluclng the following:
382.5.1. The propor1Ion cI necessary transportation, travel
and subsistence expenses of CONTRACTOR's
employees incurred in discharge of duties connected
with the work except for local travel to and from the
site of the work.
382.5.2. Cost, induding transportation and maintenance, cI al
materials, supplies, equipment, machinery,
appliances, office and temporary facilities at the site
and hand tools not owned by the workmen, which
are consumed in the performance of the work, and
cost less market value of such items used but not
consumed which remains the property of
CONTRACTOR.
382.5.3. Sales, use, or similar taxes related to the work, and
for which CONTRACTOR is liable, imposed by any
governmental authority.
382.5.4. Deposits lost for causes other than. CONTRACTOR's
negligence; royalty payments and fees for pennits
and licenses.
382.5.5. The cost of utilities, fuel and senitary facilities at the
site.
382.5.6. Receipted minor expenses such as telegrams, Iorlg
distance telephone calls, telephone service at the
site, expressage and similar petty cash items in
connection with the work.
382.5.7. Cost of premiums for additional bonds arel insurance
required because of changes in ~e work.
38.3. The term "cost of the work" shall not include any of ~e following:
38.3.1. Payroll costs and other compensation of CONTRACTOR's
ofIIcers, executives, principals (of partnership and soia
proprietorships), general managers, engineers, architects,
estimators, lawyers, auditors, accountants, purchasing and
BID NO: 59-88101 CITY OF M1AMI BEACH
DATE: 9/17/01 I'
contrac:lIng agents, expediters, timekeepers, clerks and other
personnel employed by CONTRACTOR whether at ~ site or In
Its principal or a branch otIice for general administration of ~
work and not specifically Included In the agreed-upon schedule
of job classifications referred to in SectIon 38.2.1., all of which
are to be considered administrative costs covered by
CONTRACTOR's fee.
38.3.2. Expenses of CONTRACTOR's principal and branch offices
other than CONTRACTOR's office at the site.
38.3.3. Any part of CONTRACTOR's capital expenses, Including
interest on CONTRACTOR's capital employed for the work and
charges against CONTRACTOR for delinquent payments.
38.3.4. Cost of premiums for all Bonds and for all insurance whether or
not CONTRACTOR is required by the Contract Documents to
purchase and maintain the same, except for additional bonds
and insurance required because of changes in the work.
38.3.5. Costs due to the negligence or neglect of CONTRACTOR, any
Subcontractors, or anyone directly or indirectly employed by any
of them or for \~Ihose acts any of them may be liable. including
but not limited to, the correction of defective work, disposal of
materials or equipment wrongly supplied and making good any
damage to property.
38.3.6. Other overhead or general expense costs of any kind and the
cost of any item not specifically and expressly included in'
Section 38.2.
38.4. CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit
shall be determined as follows:
38.4.1. A mutually acceptable fixed fee or if none can be agreed upon,
38.4.2. A fee based on the following percentages of the various portions
of the cost of the work:
38.4.2.1. FOr costs incurred under SectIons 38.2.1 and
38.2.2, CONTRACTOR's fee shall not exceed ten
percent (10%).
38.4.2.2. For costs Incurred under Section 38.2.3,
CONTRACTOR's fee shall not exceed seven and
BID NO: 59-08101 CITY OF MIAMI BEACH
DATE: J117/01 17
one half percent (7.5"); and . a auboontract Is an
~e basis of cost of h work plus a fee, the
maximum aIowable to h Subcontractor 88 a fee
for overhead and profit shan not exceed ten
percent (10"); and
No fee shall be payable on the basis of costs
itemized under SectIons 38.2.4 and 38.2.5,
(except Section 38.2.5.3), and Section 38.3.
38.5. The amount of credit to be allowed by CONTRACTOR to CITY for any
such change which results in a net decrease in cost, will be the amount of
the actual net decrease. When both additions and credits are involved in
anyone change, the combined overhead and profit shall be figured on the
basis of the net increase, if any, however, CONTRACTOR shall not be
entitled to claim lost profits for any Work not performed.
38.4.2.3.
38.6. Whenever the cost of any work is to be determined pursuant to Sections
38.2 and 38.3, CONTRACTOR will submit in a form acceptable to
CONSULTANT an itemized cost breakdown together with the supporting
data.
38.7. Where the quantity of any item of the Work that is covered by a unit price
is increased or decreased by more than twenty percent (20%) from the
quantity of such work indicated in the Contract Documents, an appropriate
Change Order shall be issued to adjust the unit price, if warranted.
38.8. Whenever a change in the Work is to be based on mutual acceptance of a
lump sum, whether the amount is an addition, credit or no change-In-cost,
CONTRACTOR shall submit an initial cost estimate acceptable to
CONSULTANT and Contract Administrator.
38.8.1. Breakdown shall list the quantities and unit prices for materlals,
labor, equipment and other items of cost
38.8.2. Whenever a change involves CONTRACTOR and one or more
Subcontractors and the change is an increase in the Contract
Price, overhead and profit percentage for CONTRACTOR and
each Subcontractor shall be itemized separately.
38.9. Each Change Order must state within the body of the Change Order
whether it is based upon unit price, negotiated lump sum, or .cost of the
work..
BID NO: 59.00101
DATE: 9/17/01
CITY OF MIAMI BEACB
II
,
i
!
il
39. NotIfication and Claim for Chanae 01 Contract:[!me or Contract p.g:
39.1. Any claim for a change In the Contract TIme or COhll...A Price shaI be
made by written notice by CONTRACTOR to the Contract Administrator
and to CONSULTANT w1~in five (5) calendar days of the commencement
of the event giving rise to the claim and stating the general Mture and
cause of the claim. Thereafter, within twenty (20) calendar clays of the
termination of the event giving rise to ~e claim, written notice of the extent
of the claim with supporting infonnation and documentation shall be
provided unless CONSULTANT allows an additional period of time to
ascertain more accurate data in support of the claim and such notice shan
be accompanied by CONTRACTOR's written notarized statement that the
adjustment claimed Is the entire adjustment to which the CONTRACTOR
has reason to believe it is entitled as a result of the occurrence of said
event. All claims for changes in the Contract Tme or Contract Price shall
be determined by CONSULTANT in accordance with Article 12 hereof, if
CITY and CONTRACTOR cannot o~erwise agree. IT IS EXPRESSLY
AND SPECIFICALLY AGREED THAT ANY AND ALL CLAIMS FOR
CHANGES TO THE CONTRACT TIME OR CONTRACT PRICE SHALL
BE WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH
THE REQUIREMENTS OF THIS SECnON.
392. The Contract Time will be extended in an amount equal b time lost on
critical Work items due to delays beyond the control of and through no
fault or negligence of CONTRACTOR if a claim is made therefor as
provided in Section 39.1. Such delays shall include, but not be limited to,
acts or neglect by any separate contractor employed by CITY, fires,
floods, labor disputes, epidemics, abnormal weather conditions or acts of
God.
40. No Damaoes for Delay.
No claim for damages or any claim, other than for an extension of time, shall be
made or asserted against CITY by reason of any delays except as provided
herein. CONTRACTOR shall not be entitled to an increase in the Contract Price
or payment or compensation of any kind from CITY for direct, indirect,
consequential, impact or other costs, expenses or damages, including but not
limited to costs of acceleration or inefficiency, arising because of delay,
disruption, interference or hindrance from any cause whatsoever, whether such
delay, disruption, interference or hindrance be reasonable or unreasonable,
foreseeable or unforeseeable, or avoidable or unavoidable; provlded, however,
~at this provision shall not preclude recovery of damages by CONTRACTOR for
actual delays due solely to fraud, bad faith or active interference on the part of
CITY or its CONSULTANT. Otherwise, CONTRACTOR shaU be entitled only to
BID NO: 5t-oOIOI
DA Tit: J117/01
CITY OF MIAMI BUCH
"
extensions of the Contract Time as the sole and excIlallve remedy for such
resulting delay, In accordance with and to the extent spedIIcaIIy provkled above.
41. Excusable Delav: Com"""..........: Non-e:arno............:
41.1 Excusable Delay. Delay which exl8nds the completion of the Work and
which is caused by circumstances beyond the ,..."bul of CONTRACTOR
or its subcontractors, suppliers or vendors is Excusable Delay.
CONTRACTOR is entlUed to a time extension of ~e Contract TIme for
each day the Work is delayed due to Excusable Delay. CONTRACTOR
shall document its claim for any time extension as provided in Article 39
hereof.
Failure of CONTRACTOR to comply with Article 39 hereof as to any
particular event of delay shall be deemed conclusively to constitute a
waiver, abandonment or relinquishment of any and all claims resulting
from that particular event of delay.
Excusable Delay may be compensable or non-compensable:
(a) Compensable Excusable Delay. Excusable Delay is compensable
when (i) the delay extends the Contract Time, (Ii) is caused by
circumstances beyond the control of the CONTRACTOR or its
subcontractors, suppliers or vendors, and (Iii) is caused solely by
fraud, bad faith or active interference on the part of CITY or its
agents. In no event shall CONTRACTOR be compensated for
interim delays which do not extend the Contract Time.
CONTRACTOR shall be entitled to direct and indirect costs for
Compensable Excusable Delay. Direct costs recoverable by
CONTRACTOR shall be limited to the actual additional costs allowed
pursuant to Article 38 hereof.
CITY and CONTRACTOR recognize and agree ~at the amount of
CONTRACTOR's precise actual indirect costs for delay in the
perfonnance and completion of the Work is impossible to detennine as of
the date of execution of the Contract Documents. and that proof of the
precise amount will be difficult. Therefore, indirect costs recoverable by
the CONTRACTOR shall be liquidated on a dally basis for each day the
Contract Time is delayed due to a Compensable Excusable Delay. These
liquidated indirect costs shan be paid to compensate CONTRACTOR for
all indirect costs caused by a Compensable Excusable Delay and shall
include, but not be limited to, all profit on indirect costs, home office
overhead, acceleration, loss of earnings, loss of productivity, loss of
BID NO: 5t-e0181
DATE: 9/17101
CITY 0' MIAMI BEACH
,.
bonding capacity, loss of opportunity and aI alher .dred costs Incurred
by CONTRACTOR. The amount of liquidated Indlnld costs recaverable
shall be (one-hundred) ~ per day for each calendar day the
Contract is delayed due to a Compensable Excusable Delay.
(b) Non-Compensable Excusable Delay. When Excusable Delay is
(I) caused by circumstances beyond the control of CONTRACTOR,
Its subcontractors. suppliers and vendors, and is also caused by
circumstances beyond the control of the CITY or CONSULTANT, or
(lI) is caused joinUy or concurrenUy by CONTRACTOR or Its
subcontractors. suppliers or vendors and by the CITY or
CONSULTANT, then CONTRACTOR shall be entitled only to a time
extension and no further compensation for the delay.
42. Substantial ComDletiort
When CONTRACTOR considers that the Work, or a portion thereof designated
by CITY pursuant to Article 29 hereof, has reached Substantial Completion,
CONTRACTOR shall so notify CITY and CONSULTANT in writing.
CONSULTANT and CITY shall then promptly inspect the Work. When
CONSULTANT, on the basis of such an inspection, detennines that the Work or
designated portion thereof is substantially complete. it will then prepare a
Certificate of Substantial Completion in the fonn attached hereto as Fonn 00925
which shall establish the Date of Substantial Completion; shall state the
responsibilities of CITY and CONTRACTOR for security, maintenance, heat,
utilities, damage to the Work, and insurance; and shall list all Work yet to be
completed to satisfy the requirements of ~e Contract Documents for Final
Completion. The failure to include any items of corrective work on such list does
not alter the responsibility of CONTRACTOR to complete all of the Work in
accordance with the Contract Documents. Warranties required by the Contract
Documents shall commence on the date of Substantial Completion of the Work
or designated portion thereof unless otherwise provided in the Certificate of
Substantial Completion. The Certificate of Substantial Completion shall be
submitted to CITY through the Contract Administrator and CONTRACTOR for
their written acceptance of the responsibilities assigned to them in such
Certificate.
43. No Interest:
Any monies not paid by CITY when claimed to be due to CONTRACTOR under
this Agreement, including, but not limited to, any and aI claims for contract
damages of any type, shall not be subject to interest lncIudng, but not limited to
prejudgment interest. However, the provisions of CITY's prompt payment
ordinance. as such relates to timeliness of payment, and the provisions of
BID NO: "./01
DATE: "17101
CITY 0' MIAMI BUCB
'1
SectIon 218.74(4), FIorlda Statutes (1989) 88 such relates to the payment of
interest, shall apply to valid and proper Invoices.
44. ShoD Drawlnaa:
44.1. CONTRACTOR shan submit Shop DrawIngs 88 raquinld by the Technical
Specifications. The purpose of the Shop Drawings Is to show the
suitability, efficiency, technique of manufacture, installation requirements.
details of the item and evidence of its compliance or noncompliance with
the Contract Documents.
44.2. Within ~irty (30) calendar days after the Project Initiation Date specified
in the Notice to Proceed, CONTRACTOR shall submit to CONSULTANT
a complete list of preliminary data on items for which Shop Drawings are
to be submitted and shall identify the critical items. Approval of this list by
CONSULTANT shall in no way relieve CONTRACTOR from submitting
complete Shop Drawings and providing materials, equipment, etc., fully in
accordance with the Contract Documents. This procedure is required in
order to expedite final approval of Shop Drawings.
44.3. After the approval of the list of Items required in Section 44.2 above,
CONTRACTOR shall promptly request Shop Drawings from the various
manufacturers, fabricators, and suppliers. CONTRACTOR shall include
all shop drawings and other submittals in its certification.
44.4. CONTRACTOR shall thoroughly review and check the Shop Drawings
and each and every copy shall show this approval thereon.
44.5. If the Shop Drawings show or indicate departures from the Contract
requirements, CONTRACTOR shall make specific mention thereof in its
letter of transmittal. Failure to point out such departures shall not relieve
CONTRACTOR from its responsibility to comply with the Contract
Documents.
44.6. CONSULTANT shall review and approve Shop Drawings within fifteen
(15) calendar days from the date received, unless said DrawIngs are
rejected by CONSULTANT for material reasons. CONSULTANT's
approval of Shop Drawings will be general and shall not relieve
CONTRACTOR of responsibirlty for the accuracy ~ such Drawings, nor
for the proper fitting and construction of the work. nor for the furnishing of
materials or work required by the Contract Documents and not indlcatad
on the Drawings. No work called for by Shop DrawIngs shall be
performed until the said Drawings have been approved by
CONSULTANT. Approval shall not relieve CONTRACTOR from
responsibility for errors or omissions of any sort on the Shop Drawings.
BID NO: 9-00101 CITY OF MIAMI BEACH
DATE: "17101 92
44.7. No approval will be given to partial submittals of Shop DrawIngs for Items
which Interconnect and/or are interdependent where necessary to
properly evaluate the design. It is CONTRACTOR's responsibility to
assemble ~e Shop Drawings for all such interconnecting and/or
Interdependent Items, check them and then make one submittal to
CONSULTANT along with Its comments as to compHance,
noncompliance, or features requiring special attention.
44.8. If catalog sheets or prints of manufacturers' standard drawings are
submitted as Shop Drawings, any additional information or changes on
such drawings shall be typewritten or lettered in ink.
44.9. CONTRACTOR shall submit the number of copies required by
CONSULTANT. Resubmlssions of Shop Drawings shall be made in the
same quantity until final approval is obtained.
44.10. CONTRACTOR shall keep one set of Shop Drawings marked with
CONSUL TANrs approval at the job site at all times.
45. Field Lavout of ~e Work and Record Drawinas:
45.1. The entire responsibility for establishing and maintaining line and grade in
the field lies with CONTRACTOR. CONTRACTOR shall maintain an
accurate and precise record of the location and elevation of all pipe lines,
conduits, structures, maintenance access structures, handholes, fittings
and the like and shall prepare record or "as-built" drawings of the same
which are sealed by a Professional Surveyor. CONTRACTOR shall
deliver these records in good order to CONSULTANT as the Work is
completed. The cost of all such field layout and recording work is
included in the prices bid for the appropriate items. All record drawings
shall be made on reproducible paper and shan be delivered to
CONSULTANT prior to, and as a condition of, final payment.
45.2. CONTRACTOR shall maintain In a safe place at the Project site one
record copy ~ all Drawings, Plans, Specifications. Addenda, written
amendments, Change Orders, Field Orders and written interpretations
and clarifications in good order and annotated to show all changes made
during construction. These record documents together with all approved-
samples and a counterpart of all approved Shop Drawings shaH be
available at all times to CONSULTANT for reference. Upon Final
Completion of the Project and prior to Final Payment, these record
documents, samples and Shop Drawings shall be delivered to the
Contract Administrator.
Bm NO: 5t-OO/OI CITY OF MIAMI BEACH
DATE: 9/17/01 93
45.3. Prior to, and as a condlllon precedent to FInal Payment, CONTRACTOR
shall submit to CITY, CONTRACTOR's record drawings or as-built
drawings acceptable to CONSULTANT.
46. SafelY and Protection:
46.1. CONTRACTOR shall be solely responslble for initiating, maintaining and
supervising all safety precautions and programs in connection with the
Project. CONTRACTOR shall take all necessary precautions for the
safety of, and shall provide the necessary protection to prevent damage.
injury or loss to:
46.1.1. All employees on the work site and other persons who may be
affected thereby;
46.1.2. All the work and all materials or equipment to be incorporated
therein, whether in storage on or off the Project site; and
46.1.3. Other property at the Project site or adjacent thereto. including
trees. shrubs, lawns. walks, pavements, roadways, structures
and utilities not designated for removal, relocation or
replacement in the course of construction.
46.2. CONTRACTOR shall comply with all applicable laws, ordinances, rules,
regulations and orders of any public body having jurisdiction for the safety
of persons or property or to protect them from damage, injury or loss; and
shall erect and maintain all necessary safeguards for such safety and
protection. CONTRACTOR shall notify owners of adjacent property and
utilities when prosecution of the work may affect them. All damage. injury
or loss to any property referred to in Sections 46.1.2 and 46.1.3 above,
caused directly or indirectly, in whole or in part, by CONTRACTOR, any
Subcontractor or anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable. shall be remedied by
CONTRACTOR. CONTRACTOR's duties and responsibilities for the
safety and protection of the work shall continue until such time as all the
Work is completed and CONSULTANT has issued a notice to CITY and
CONTRACTOR thet the Work is acceptable except as otherwise provided
in Article 29 hereof.
46.3. CONTRACTOR shall designate a responslble member of its organlzatlon
at the Work site whose duty shall be the prevention of accidents. This
person shall be CONTRACTOR'S superintendent unless otherwise
designated in writing by CONTRACTOR to CITY.
BID NO: 59-00181 CITY OF MIAMI.UCH
DATE: J117101 ,..
[X]47.
fIDII.ll!I of Matef1111 :
CONTRACTOR shall be required to submit to CITY and CONSULTANT a final
bill of materials with unit costs for each bid item for supply of materials In place.
This shall be an itemized list of all materials with a unit cost for each material and
~e total shall agree with unit costs established for each Contract Item. A Final
Certificate for Payment cannot be issued by CONSULTANT until CONTRACTOR
submits the final bill of materials and CONSULTANT verifies the accuracy of the
units of Work.
48. PaYment bv CITY for Tests:
Except when otherwise specified In the Contract Documents, the expense of all
tests requested by CONSULTANT shall be borne by CITY and performed by a
testing finn chosen by CONSULTANT. For road construction projects the
procedure for making tests required by CONSULTANT will be in conformance
with the most recent edition of the State of Florida, Department of Transportation
Standard Specifications for Road and Bridge Construction. The cost of any
required test which CONTRACTOR falls shall be paid for by CONTRACTOR.
49. Proiect Sian:
Any requirements for a project sign shall be as set forth within the Technical
Specifications section.
50. Hurricane Precautions:
50.1. During such periods of time as are designated by the United States
Weather Bureau as being a hurricane warning or alert, the
CONTRACTOR, at no cost to the CITY, shall take all precautions
necessary to secure the Project site in response to all threatened stonn
events, regardless of whether the CITY or CONSULTANT has given
notice of same.
50.2. Compliance with any specific hurricane warning or alert precautions will
not constitute additional work.
50.3. Additional work relating to hurricane warning or alert at the Project site
will be addressed by a Change Order in accordance with Section 37.
General Conditions.
50.4. Suspension of the Work caused by a threatened or actual storm event,
regardless of whether the CITY has directed such suspension, will entitle
BID NO: 59-00101
DATE: 9/17101
CITY OF MlAMI BEACH
95
the CONTRACTOR to addtIonaI COllllact Tine as ~,
excusable delay, and shall not give rise to a claim for compensable delay.
51. Cleanina lJD: CITY s Right to Clean UD:
CONTRACTOR shall at all times keep the premises free from accumulation 01
waste materials or rubbish caused by its opeIetIons. AI the completion of the
Project, CONTRACTOR shall remove all its waste materials and rubbish from
and about the Project as well as its tools, construction equipment, machinery and
surplus materials. If CONTRACTOR fails to clean up during the prosecution of
the Work or at the completion of the Work, CITY may do so and the cost thereof
shall be charged to CONTRACTOR. If a dispute arises between CONTRACTOR
and separate contractors as to their responsibility for cleaning up, CITY may
clean up and charge the cost thereof to the contractors responsible therefor as
CONSULTANT shall detennine to be just.
52. Removal of EauiDment
In case of tennination of this Contract before completion for any cause whatever,
CONTRACTOR, if notified to do so by CITY, shall promptly remove any part or
all of CONTRACTOR's equipment and supplies from the property of CITY, failing
which CITY shall have the right to remove such equipment and supplies at the
expense of CONTRACTOR.
53. Nondiscrimination. Eaual EmDlovment ODoortunitv. and Americans with
Disabilities Act:
CONTRACTOR shall not unlawfully discriminate against any person in its
operations and activities or in its use or expenditure of funds in fulfilling its
obligations under this Agreement. CONTRACTOR shall affinnatively comply with
all applicable provisions of the Americans with Disabilities Act (ADA) in the
course of providing any services funded by CITY, including Titles I and II of the
ADA (regarding nondiscrimination on the basis of disability), and all applicable
regulations, guidelines, and standards. In addition, CONTRACTOR shall take
affinnative steps to ensure nondiscrimination in employment against disabled
persons.
CONTRACTOR's decisions regarding the delivery of services under this
Agreement shall be -made without regard to or consideration of race, age,
religion, color, gender, sexual orientation, national origin, marital status, physical
or mental disability, political affiliation, or any other factor which cannot be
lawfully used as a basis for service delivery.
BID NO: 5t-OOI01
DATE: 9/17/01
CITY OF MIAMI BEACH
"
CONTRACTOR shall not engage In or commit any cIscrImInetory practice In
violation d City of MIami Beach Ordinance No 92.2824 In perfonnlng any
services ~nt to this Agreement.
54. Proied Records:
CITY shall have ~ right to Inspect and copy, at CITY's expense, ~e books and
records and accounts of CONTRACTOR which relate in any way to the Project,
and to any claim for additional compensation made by CONTRACTOR, and to
conduct an audit of the financial and accounting records of CONTRACTOR
which relate to the Project and to any claim for additional compensation made by
CONTRACTOR. CONTRACTOR shall retain and make available to CITY all
such books and records and accounts, financial or otherwise, which relate to the
Project and to any claim for a period of three (3) years following Final Completion
of the Project. During the Project and the three (3) year period following Final
Completion of the Project, CONTRACTOR shall provide CITY access to its
books and records upon seventy-two (72) hours written notice.
BID NO: 59-00II1
DATE: 9/17101
ctTY OF MIAMI BEACH
t7
00900. SUPPLEMENTARY CONDITIONS:
Bm NO: 59-G0101
DATE: 9/17/01
CITY OF MIAMI BEACH
,.
00920. ~PITIQNAL ARTICLES:
[ X ] 1. Prevaillna Waoe Rate OrdInance.
This Project is not federally funded. City of Miami Beach Ordinance No,
94-2960 provides that in all non-federally funded construction contracts in
excess of one minion dollars to which the City of Miami Beach is a party,
~e rate of wages and fringe benefits, or cash equivalent, for all laborers.
mechanics and apprentices employed by any contractor or subcontractor
on the work covered by the contract, shall not be less than the prevailing
rate of wages and fringe benefit payments or cash equivalence for similar
skills or classifications of work, as established by the Federal Register, in
the City of Miami Beach, Florida. The provisions ~ this Ordinance shall
not apply to the following projects:
a. water, except water treatment facilities and lift stations;
b. sewer, except sewage treatment facilities and lift stations;
c. stom drainage;
d. road construction, except bridges or structures requiring
pilings; and
e. beautification projects, which may include resurfacing new
curbs, gutters, pavers, sidewalks, landscaping, new lighting,
bus shelters, bus benches and signage.
["NOTE: INSERT IF APPLICABLE]
[] 2.
Federal Grant Proiects:
2.1. By virtue of the fact that the funding of this Project will be delivered
in full or in part from the United States government through
, federal assurances must
follow ~e grant application in addition to any and all supervening
assurances set forth in Rules and Regulations published in Federal
Register or CFR.
22. Clauses, terms or conditions required by federal grantor agenct are
hereby attached and made a part of this Project Manual.
BID NO: 59-00101 CITY OF MIAMI BEACH
DATE: 9/17/01 99
00922. STATEM!;~ O~MP!.~
te.!!EVAlLlNG WAGE RATE ORDINANCE NO. 94-~}
No.
project TItle
Contract No.
The undersigned CONTRACTOR hereby swears under penalty of perjury that, during
the period covered by the application for payment to which this statement is attached,
all mechanics, laborers, and apprentices, employed or working on the site of the
Project, have been paid at wage rates, and that the wage rates of payments,
contributions, or costs for fringe benefits have not been less than those required by City
of Miami Beach Ordinance No. 94-2960 and the applicable conditions of the Contract.
Dated ,20_
(Contractor)
By:
(Signature)
By:
(Print Name and Title)
STATE OF }
) SS
COUNTY OF )
The foregoing instrument was acknowledged before me this
, 20_, by
personally known to me or who has produced
identification and who did/did not take an oath.
day of
who is
as
WITNESS my hand and official seal, this
day of
,20_.
(NOTARY SEAL)
(Signature of person taking acknowledgment)
(Name of officer taking acknowledgment)
(typed, printed or stamped)
(Title or rank)
(Serial number, if any)
My commission expires:
BID NO: 59-00101
DATE: 9/17/01
CITY OF MIAMI BEACB
100
00923. ~ OF COMPLIANCE
(DAVIS BACON ACn
No.
Contract No.
ProjectTitle
The undersigned CONTRACTOR hereby swears under penalty of perjury that, during
the period covered by the application for payment to which this statement is attached,
all mechanics, laborers, and apprentices, employed or working on the site of the
Project. have been paid at wage rates, and that the wage rates of payments,
contributions, or costs for fringe benefits have not been less than those required by the
Davis Bacon Act and the applicable conditions of the Contract.
Dated
,20_
Contractor
By:
By:
(Signature)
STATE OF
COUNTY OF
(Print Name and Title)
)
) SS
)
The foregoing instrument was acknowledged before me this
, 20_, by
personally known to me or who has produced
identification and who did/did not take an oath.
WITNESS my hand and official seal, this day of
day of
who is
as
,20_.
(NOTARY SEAL)
(Signature of person taking acknowledgment)
(Name of officer taking acknowledgment)
(typed, printed or stamped)
(Title or rank)
(Serial number, if any)
My commission expires:
BID NO: 5''''181
DA TK: 9/17/01
CITY OF MIAMI BEACH
101
00925. CERTIFICATE OF SUBSTANTIAL COMPLETION:
PROJECT:
(name, address)
CONSULTANT:
TO (CITY):
BID/CONTRACT NUMBER:
CONTRACTOR:
CONTRACT FOR:
NOTICE TO PROCEED DATE:
DATE OF ISSUANCE:
PROJECT OR DESIGNATED PORTION SHALL INCLUDE:
The Work performed under this Contract has been reviewed and found to be
substantially complete and all documents required to be submitted by CONTRACTOR
under the Contract Documents have been received and accepted. The Date of
Substantial Completion of the Project or portion thereof designated above is hereby
established as
which is also the date of commencement of applicable warranties required by the
Contract Documents, except as stated below.
DEFINITION OF DATE OF SUBSTANTIAL COMPLETION
The Date of Substantial Completion of the Work or portion
thereof designated by CITY is the date certified by
CONSULTANT when all conditions and requirements of
permits and regulatory agencies have been satisfied and the
Work, is sufficiently complete in accordance with the
Contract Documents, so the Project is available for beneficial
occupancy by CITY. A Certificate of Occupancy must be
issued for Substantial Completion to be achieved, however,
the issuance of a Certificate of Occupancy or the date
thereof are not to be determinative of the achievement or
date of Substantial Completion.
\
BID NO: 59-00101
DATE: 9/17/01
CITY OF MIAMI BEACH
102
f
\
A list of items to be completed or corrected, prepared by CONSULTANT and approved
by CITY, is attached hereto. The failure to include any items on such list does not alter
the responsibility of CONTRACTOR to complete all work in accordance with the
Contract Documents. The date of commencement of warranties for items on the
attached list will be the date of final payment unless otherwise agreed in writing.
CONSULTANT
BY
DATE
In accordance with Section 2.2 of the Contract, CONTRACTOR will complete or correct
the work on the list of items attached hereto within from the
above Date of Substantial Completion.
DATE
CONSULTANT
BY
CITY, through the Contract Administrator, accepts the Work or portion thereof
designated by CITY as substantially complete and will assume full possession thereof at
(time) on (date).
City of Miami Beach, Florida
By Contract Administrator Date
The responsibilities of CITY and CONTRACTOR for security, maintenance, heat,
utilities, damage to the work and insurance shall be as follows:
BID NO: 59-00/01
DATE: 9/17/01
CITY OF MIAMI BEACH
103
00926. FINAL CERTIFICATE OF PAYMENT:
PROJECT:
(name, address)
CONSULTANT:
BIDICONTRACT NUMBER:
TO (CITY):
CONTRACTOR:
CONTRACT FOR:
NOTICE TO PROCEED DATE:
DATE OF ISSUANCE:
All conditions or requirements of any permits or regulatory agencies have been
satisfied. The documents required by Section 5.2 of the Contract, and the final bill of
materials, if required, have been received and accepted. The Work required by the
Contract Documents has been reviewed and the undersigned certifies that the Work,
including minor corrective work, has been completed in accordance with the provision of
the Contract Documents and is accepted under the terms and conditions thereof.
CONSULTANT
BY
DATE
CITY, through the Contract Administrator, accepts the work as fully complete and will
assume full possession thereof at
(time)
(date).
City of Miami Beach, Florida
By Contract Administrator Date
BID NO: S9-G01tl
DATE: 9/17/01
CITY OF MIAMI BEACH
IH
00930. FORM QF FINAL RECEleI:
[The following form will be used to show receipt of final payment for this Connel]
FINAL RECEIPT FOR CONTRACT NO.
Received this day of , 20 , from City
of Miami Beach, Florida, the sum of Dollars
($ ) as full and final payment to CONTRACTOR for all wor\( and materials
for the Project described as:
This sum indudes full and final payment for all extra wor\( and material and all
incidentals.
CONTRACTOR hereby indemnifies and releases CITY from all liens and daims
whatsoever arising out of the Contract and Project.
CONTRACTOR hereby certifies that all persons doing work upon or fumishing
materials or supplies for the Project have been paid in full. In lieu of this certification
regarding payment for wor\(, materials and supplies, CONTRACTOR may submit a
consent of surety to final payment in a form satisfactory to CITY.
CONTRACTOR further certifies that all taxes imposed by Chapter 212, Florida
Statutes (Sales and Use Tax Act), as amended, have been paid and discharged.
[If incorporated sign below.]
CONTRACTOR
ATTEST:
(Name ~ Corporation)
By:
(Signature)
(Secretary)
(Corporate Seal)
(Print Name and Title)
_ day of
,20_.
F:IATTOIAGURIAGREEMNl\Iroo...._",.I'rIIlnd.fnI.doc
aiD NO: 59-00/01
DATE: 9/17101
CITY OF MIAMI BEACH
105
[If not incorporated sign below.]
WITNESSES:
F:\ATTOIAGURlAGREEMN1Vrontend\std._.InI.doc
BID NO: 59-80101
DATE: 9/1710.
CONTRACTOR
By.
(Name of Firm)
(Signature)
(Print Name and Title)
_ day of
,20_.
CITY OF MIAMI BEACH
106
[X] 00950. DRAWINGS IND~:
*DrawlngsIPlans for the Renovation of Bayshore Golf Course
* NOTE:
Plans ara available for this bid but must be ordered through T-
Square Miami. The attached order form on page 9 of this Bid
package must be completed and returned to T -Square Miami
before prospective bidders will receive requested plans and
specifications.
List of Drawlnas for Bavshore Golf Course
Golf Course:
Drawlna Title
Existing Information
Layout and Staking
Grading
Drainage
Grassing
Details
9:!!!
Legend and Key Plan
Plan "A"
Plan "B"
Plan "CO
Plan "D"
Plans "E" & "F"
Plan "G"
Plan "H"
Details
LandscaDe
Index and Key Plan
Existing Tree Disposition Partial Plan "A"
Existing Tree Disposition Partial Plan "B"
Existing Tree Disposition Partial Plan "C"
Existing Tree Disposition Partial plan "D"
Existing Tree Disposition Partial Plans "E&P
Existing Tree Disposition Partial Plan "G"
Existing Tree Disposition Partial Plan "H"
Existing Tree Disposition List
Planting Partial Plan "A"
Planting Partial Plan "B"
Sheet No.
1a and 1b
2a and 2b
3a and 3b
4a and 4b
Sa and 5b
6
C-1
C-2
C-3
C-4
C-5
C-6
C-7
C-8
C-9
L-1.1
L-1.2
L-1.3
L-1.4
L-1.5
L-1.6
L-1.7
L-1.8
L-1.9
L-2.1
L-2.2
BID NO: 59-80101
DATE: 9/17101
CITY OF MIAMI BEACH
107
Drawlna TIt!!
Planting Partial Plan "C"
Planting Partial Plan "D"
Planting Partial Plans "E&P
Planting Partial Plan "G"
Planting Partial Plan "H"
Sod Plan
Plant list & Tree Disposition
Planting Details
Planting Notes
Alton Road Wall HardscapeJPlanting and Lighting Plan
Meridian Ave. Wan HardscapeJPlanting and lighting Plan
Tee-Module Hardscape and Paving Layout Plan
Tee-Module Furniture Layout Plan and Details
Tee-Module Furniture Layout Plan and Details
Layout Partial Plan "A"
Layout Partial Plan "B"
Layout Partial Plan "C"
Layout Partial Plan "0"
Layout Partial PlanS "E&F"
Layout Partial Plan "G"
Layout Partial Plan "H"
Irrlaatlon
Irrigation Partial Plan "A"
Irrigation Partial Plan "S"
Irrigation Partial Plan "C"
Irrigation Partial Plans "E&F"
Irrigation Partial Plan "G"
Irrigation Partial Plan "H"
Irrigation Details
Irrigation Notes
Horizontal Wells
Plan
Details
~
L-2.3
L-2.4
L-2.5
L-2.6
L-2.7
L-2.8
L-2.9
L-2.10
L-2.11
L-3.1
L-3.2
L-3.3
L-3.4
L-3.5
L-4.1
L-4.2
L-4.3
L-4.4
L-4.5
L-4.6
L-4.7
1-1.1
1-1.2
1-1.3
1-1.5
1-1.6
1-1.7
1-1.8
1-1.9
HS-1
HS-2
Green Construction
Plan of Green #1
Plan of Green #2
Plan of Green #3
Plan of Green #4
Plan of Green #5
GS-1
GS-2
GS-3
GS-4
GS-5
BID NO: 59-00101
DATE: 9/17101
CITY OF MIAMI BEACH
108
Drawlna 1JI!!
~
Plan of Green #6
Plan of Green #7
Plan of Green #6
Plan of Green #9
Plan of Green #10
Plan of Green #11
Plan of Green #12
Plan of Green #13
Plan of Green #14
Plan of Green #15
Plan of Green #16
Plan of Green #17
Plan of Green #18
!!!!!1!!2:
GS-6
GS-7
GS-8
GS-9
GS-10
GS-11
GS-12
GS-13
GS-14
GS-15
GS-16
GS-17
GS-18
Landscape and IrriGation Plans
Planting Plan - Chase Avenue South Side 1
Planting Plan - Alton Road North Section 2
Planting Plan - Alton Road Mid-Section 3
Planting Plan - Alton Road South Section, Plan List & Details 4
Irrigation Plan - Chase Avenue, South Side 5
Irrigation Plan - Alton Road, North Section 6
Irrigation Plan - Alton Road, Mid-Section 7
Irrigation Plan - South Section 8
Layout Plan - Chase Avenue, South Side 9
Layout Plan - Alton Road, North Section 10
Layout Plan - Alton Road, Mid-Section 11
Layout Plan - Alton Road, South Section 12
BID NO: 59-80101
DATE: 9117101
CITY OF MIAMI BEACH
109
01000. ADDENDAANQ..MQPJFICATION~:
All addenda and other modifications made prior to the time and date of bid
opening shall be issued as separate documents identified as changes to the
Contract Documents.
BID NO: 59-00101
DATE: 9/17/01
CITY OF MIAMI BEACH
110
02000. ~CHNlCAL SPECIFICATIONS:
I. Plans and speciflcatlons prepared by Arthur HlllslSteve Forrest and
AssocIates
* NOTE: Plans are avanable for this bid but must be ordered through T.
Square Miami. The attached order fom on page 9 of this Bid package must be
completed and returned to T -Square Miami before prospective bidders will
receive requested plans and specifications.
DIVISION I DOCUMENTS
SPECIFICATIONS
BID NO: 59-00/01
DATE: 9/17/01
CITY OF MIAMI BEACH
III
03000.
T.D.I. INTERNATIONAL. INC.
BUILDERS OF GOlF
BID No. 59-00101
BID PROPOSAL FOR
Renovation of Sayaho... Golf Course
(BID FORM)
The work to be performed under this Contrad shall consist of furnishing all equipment
materials, supplies, and manufactured articles for furnishing all transportation and services,
including fuel, power, water and essential communications, and for the performance of all
labor, work, or other operations required for the fulfillment of the Contract in strict accordance
with the Contract Documents.
Note: Bid is on a lump sum basis. The itemized proposal form is provides as an aid in
assembling the bid and as a means of establishing cost for additions and deletions.
INSTALLED UNIT PRICE
ITEM
Site PreDaratlon:
Mobilization
~
TOTAL
LF
13,500
s 67,500.00
S 4,750.00
S 13,905.00
Lump Sum (not to exceed 1-112% of total bid)
Layout and Staking Lump Sum
Erosion Control S 1.03
(Layout and Slaking Plan)
Earthwork:
$ 66,708.00
$ 133,437
Topsoil
Management
Excavation
Artwork &
Contouring
Laser Grading (Tees)
Dralnaae
Structure Type "A" $ 2,376.06
Structure Type "'8" I 2,339.ts::>
Structure Type "C" 2,IH1.tlU
Headwall (Sand CementlS l,679.tlU
12" Plastic Pipe '$ 9.//j
15" Plastic Pipe $ 12.42
18" Plastic Pipe $ 12./j1
24" Plastic Pipe $ 17.69
24" Concrete Pipe $ U.OO
BID NO: 59-00101
DATE: 9117101 (Amended 10l8I01)
Lf
Site Preparation Total S 88,155.00
CY 1 CY $ 66,708.00
CY 2.74 CY $365,617.38
Lump Sum $ 168,544.80
Lump Sum $ 48,568.32
Earthwork Total $ 849,438.50
LF 13 LF $ 30,888.78
LF ::so LF $ IU, 1 ~.l:lU
LF' tl- Lf $ 2O,b 12./jU
EA 43 I 12,222./jU
II 4,402 11= 4;:1, tj;j/j.;jti
2,t)/j 1 LF S 33,372.54
LF b12 LF S ti,bbtl. 12
EA 1,380 EA $ 24,412.20
EA U EA $ 0.00
CITY OF MIAMI REACH
112
Gr..n Construction:
Greens mix $ 1.70 SF 113,695 SF $ 193,281.50
4" Gravel Layer $ U.49 SF l1;:1,ti9b SF $ bb,(lU.bb
4" Perf. PVC
~W/gravel backfill) S 4.71 LF 8,475 Lf $ 39,917.25
4" on-Perf. PVC $ U.UU LF U Lf $ U.OO
Tracer Wire $ 0.16 LF 6,500 Lf $ 1,040.00
30 mil Liner $ 1.46 LF 6,500 LF $ 9,490.00
Green Construction Total S 299,439.30
Bunker Construction:
Bunker Sand $ 50.69 TN 2,780 TN $ 140,918.20
4" Perf. PVC
~w/g~11~~II) $ 4.42 LF 6,580 LF $ 29,083.60
4" on- e . $ 4.Uts LF 4,OUU LF $ 1 ts.;:5W.UU
Bunker Construction Total $ 188,381.80
Grassina
1!9.
~
Clean Out $ 298.86 EA
24" CorrugaIed 0.00
MeIaI ~ $ EA
12" Draillnlet $ U.OO EA
18" Draillnlet $ 0.00 EA
HeadwalIs $ ~,m:s ( .tiU EA
T.D.I. INTERNATIONAL. INC.
BUILDERS OF GOLF
~ !mI.
52 EA S 15,540.72
o EA $ 0.00
U EA $ U.oo
o EA $ 0.00
1 tS EA $ ;:I;:I,4U1.tlU
Dralnag. Total $ 350,804.02
EA
SF
SF
AC
AC
SY
Note: All grassing to include clean up, fertilization & soil prep.
Round-Up
Applications $ 2,380.68
Greens $ 0.34
Tees $ U.14
Fairways $ 1,682.66
Roughs $ l,~.b2
Sod $ - ;:I.2U
Soil
~ EA $ 9,522.72
113,695 SF $ 38,656.30
1btl,bUU SF $ 22,191.1.00
38.bU AC $ 64,782.41
31.65 AC $ l:lU,181.fl
90.000 SY $ 2/j/j,UUU.oo
LUMP SUM $ 20,000.00
Grassing Total $ 493,333.14
BID NO: 59-00101 CITY OF MIAMI BEACH
DATE: 9117101 (Amended 10l8I01) 113
T.D.L INTERNATIONAL. INC.
BUIUlEnS OF GOlF
ESTIMA TEO...Q\lANnTY I2!&
$ 752.,700.88
$ 129,231.90
S ;:!U,UUU.W
$ lU.auu.W
S ~12..78
S 317,504.16
$. 725,884.20
S 1,043,388.36
Horizontal Wells:
Horizontal Well, EA $ 23,550.18
Complete 8 EA$ n1a $ 188,401.44
Pump wI Can for. 12,850.00 n1a 12,850.00
Well It 1 EA$ EA$ $
Well 12 EA$ 12,/jl:lU.oo EA$ nta $ 12,/jbU.W
Well 13 EA$ 1 ;:S,ts::>U.OO EA$ nta $ 1 ;:S,/jbU.UO
Wellt4 1 EA$ 1 J,8l:lU.00 EA$ nta $ 1 J,/jbU.UO
well #5 1 EA$ 14,Jl:lU.oo EA$ nta $ 14,;:sl:lU.UO
Well 16 1 EA$ 14.;'OU.uO EA$ nta $ 14,;:JOU.UU
Well.7 - 1 EA$ 14,ts::>U.oo EA$ nta $ 14,/jbU.00
well #8 1 EA$ 14,ts::>U.00 EA$ nta $ 14,/jbU.oo
well #8 EA$ n/a EA$ nta $ nta
Above Ground Piping at Well
3" Check Valve ~ EA$ 425.00 EA$ n1a $ 3,400.00
BID NO: 59-00101 CI1'Y OF MIAMI BEACH
DATE: 9117101 (Amended 10l8I01) 114
1m!
lu!IIlI2!!i.
~:;nStation
pumn house Structure
UtiiitY Connections
Lump Sum
Lump Sum
Lump Sum ($30.000 ..Iowence)
Lump Sum
Irrigation Total
J.and.caD.:
Savino & Miller
Bermello & Ajamil - 50 %
LUMP SUM
LUMP SUM
Landscape Total
Cart Paths:
Concrete Cart Path
Removal $.
New 8' Wide $
New 12' Wide $
Curbing (Grassing Plan) $
2.00
14.2b
23.53
2.04
28,633
2b,2l:lU
1,640
11,199
LF
LF
LF
LF
LF
LF
LF
LF
Cart Path Total
Miscellan,olls it.ms:
Demolition of Pipe
Storage Area Lump Sum
Relocation of Range
Lighting
Fountain
Chain Link Fence
Lake Liner
Lump Sum
Lump Sym
$ 6.80
$ 1.20
1,650
62,000
LF
SF
Miscellaneous items Total
ITEM
QUANTITY
UNIT PRICE
EXTENSION
$ 57,266.00
$ ;:sb9,812.5O
$ 38,btl9.2O
$ 22,Ij4b.96
$ 478,513.88
LF
SF
$ 2,436.03
$ 4,654.46
$ U.OO
$ 11,220.00
$ 74,400.00
$ 92,710.49
TOTAL
T.DoL IfTERNATIONAI."INC.
Abov. Ground Plpl.g at W.II BUILDERS OF GOlF
3" Gate VaMt
wlH $ 525.00 EA$ n1a $ 4,200.00
Ai6 Release
Valve A EA$ 500.00 EA$ n1a $ 4,000.00
MeIer 8 EA $ l,tJbU.oo EA$ nta $ 12,400.00
3" Ductile iron Pipe
wI Fitting R I=~$ 825.00 EA$ n1a $ 6,600.00
Pipe Supports 18 !:A $ ttU.w EA$ nta $ tlUU.OO
Concrete Slab 8 EA$ 301.;:11 EA$ nta $ 2,410.48
Maln~ Including Fittings
8" SD 21
Class 200 PVC 1940 LF$ 8.75 $ n1a $ 16,975.00
6" SDR 21
Class 200 PVC 280 LF$ 5.75 $ n1a $ 1,610.00
4"SDR 21
Class 200 PVC 3560 LF$ 4.75 $ n/a $ 16,910.00
Valves
8" Gate Valve
wi Box 2 EA$ 810.00 $ n/a $ 1,620.00
6 "Gate Valve
w/Box EA $ 625.00 $ n/a $ 625.00
4" Gate Valve
w/Box 9 EA$ 390.00 $ nla $ 3,510.00
Miscellaneous
Rip Rap LS $ 850.00 $ nla $ 850.00
Horizontal Well Total $ 378,111.92
TOTAL LUMP SUM
$4,980,888.97
Four million, nine hundred. eighty thousand six hundred. eighty-eight dollars and ninety-seven cents
Written Amount
BID NO: 59-00101 CITY OF MIAMI BEACH
DATE: 9117101 (Amended 10l8I01) 115
T.D.I.INTERNAT1ONAL.INC.
BUILDERS OF GOlF
TOIO EQUIPMENT
ITIM QUANTITY UNIT PRlCI DTlNSION
A. Sprblkler Bead.
(JDc1udiDg Swing JoiDt)
754 Series S24 ea. 200.04 104,8Z0.96
78S Series 33S ea. 247.39 82,875.65
S200 I Series 68ea. 83.27 5,662.36
B. Qliek COlplers
(Including Swing Joint)
470-00 Valve 4Oea. S 120.82 S 4,832.80
466-01 Key 13ea. S 74.53 S 968.89
C. CeDtral CODtrol System
(complete)
Site Pro Central for LTC plus lea. S 30,234.75 S 30,234.75
Weather Station lea. S 11,539.50 S 11,539.50
T Weather Software lea. S 1,050.00 S 1.050.00
Network Hand Held lea. S 12,600.00 S 12,600.00
D. Satellite CODtrollcrs
L TCP24P6MO 2ea. S 2,639.57 S 5,279.14
L TCP32P6MO 2ea. S 3,114.09 S 6.228.18
LTCP40P6MO toea. S 3,588.62 S 35,886.20
L TCP48P6MO 4ea. $ 4,063.16 $ 16,252.64
E. Alto.atie Valve
220 SerieslPressure Regulation
14 ea. S 316.37
S 4,429.18
T ota1:
$322."'.25
Note: Contractor sba1I include in his bid prices all equipment, accessories, etc., 1f'1'.n"'..-vIed by Toro to ins1aIl a
s1ate-of-the-art radio controlled centra1-satellite system. Contractor sba1I submit this list of equipment and a list of
options recommended by Toro, which sba1I enhance 1he operation of this irrigation system. Contractor sba1I be
required to verify 1he quantities 1isted above which me provided for a comparison only.
City of Miami Beach
116
T.D.I. INTERNATIONAL. INC.
BUILDERS OF GOLF
RAINBIRD EQUIPMENT
ITEM QUANTITY UNIT PRICI EXTENSION
A. SpriDIder Heads
(Inc1udiug SwiDg Joiuls)
Eagle 900 Series 528 ea. $ 221.70 $117,057.60
Eag1e 950 Series 335 ea. $ 248.15 $ 83,130.25
Falcon Series 68ea. $ 86.05 $ 5,851.40
B. Quick Couplers
(Including Swing Joints)
#7 Valve 4Oea. $139.66 $ 5,586.40
#7K Key 13ea. $ 74.56 $ 969.28
C. Central Control System
Stratus Central lea. S29,505.oo $ 29,505.00
Weather Station lea. $14,191.80 $ 14,191.80
Freedom System lea. $11.333.70 $ 11.333.70
D. Satellite ControlIers
PAR+- TW-PP (24 Sta) 2ea. S2.883.20 $ 5,766.40
PAR+-TW-PP(32 Sta) 2ea. $3,245.76 $ 6,491.52
PAR+-TW-PP(40 Sta) 10 ea. $4.030.30 $ 40,303.00
PAR+-TW-PP(49Sta) 4ea. $ 4,264.18 $ 17,056.72
E. Automatic Valves
PEB SerieslPressure Regulation 14 ea. S 265.72 $ 3,720.08
Total:
$340,963.15
Note: Contractor sba11 include in his bid prices all equipment, accessories, etc~ recommended by Rain
Bird to install a state-of-the-art MAXI central-satellite electric control system. Contractor shall submit this
list of equipment and a list of options recommended by Rain Bird which shall enhance operation.
Contractor shall be required to verify the quantities listed above which me provided for a comparison only.
City of Miami Beach
117
T.D.L IN1'IRNATIOfW."IIC.
BUILDERS OF GOLF
GENERAL EQUIPMENT
ITEM QUANTITY UNIT PRICE EXTENSION
A. Piping
(Including Filling)
16" Dogleg. 1 ea. $2,887.50 $ 2,887.50
16' SDR 21, Class 200 PVC 40 If. $ 74.68 $ 2,987.20
12" SDR 21, Class 200 PVC 260 If. $ 21.71 $ 5,644.60
1 r:t SOR 21 Class 200 PVC 240 If. $ 15.44 $ 3,705.60
8' SDR 21, Class 200 PVC 2,500 If. $ 9.92 $ 24,800.00
6' SOR 21, Class 200 PVC 4,30011. $ 5.87 $ 25,241.00
4' SOR 21, Class 200 PVC 14,300 II. $ 2.71 $ 38,753.00
3' SOR 21, Class 200 PVC 5,800 If. $ 1.62 $ 9,396.00
2 112" SOR 21, Class 200 PVC 52,000 II. $ 1.11 $ 57,720.00
3' SOR 21, Class 200 PVC laIeraI 420 U. $ 1.54 $ 646.80
2 112' SDR 21 Class 200 PVC Lateral l,800U. $ 1.06 $ 1,908.00
2" SDR 21, Class 200 PVC Lateral 1,20011. $ 0.72 $ 864.00
1 1/2' SDR 21, Class 200 PVC Lateral 1,200 If. $ 0.46 $ 552.00
l' SCH40 Wire Conduit 1,20011. $ 1.05 $ 1,260.00
a Gale Valves
(Including Valve Box)
8" Main Une 2 ea. $ 887.34 $1,n4.68
6" Main Une 3 ea. $ 552.98 $ 1,658.94
4' Main Une.'Green 37 ea. $ 360.08 $13,322.96
3' Main Une 42 ea. $ 259.78 $10,910.76
2 112" Lake Drain 9ea. $ 226.34 $ 2,037.06
C. U.F. Wire
.1211 (Sprinkler ea"mon) 100,000 II. S 0.11 $11 ,000.00
.1411 (~il oIdeI ConIroIl 600,000 II. $ 0.06 $36,000.00
16 AWG WI*' (:>~ IIilB Power) 1,00011. $ 0.84 $ 840.00
16 AWG Black (Sr' IhB Power) 1,00011. $ 0.84 $ 840.00
I6AWG~(~' 1Ill1 Power) 1,000 II. $ 0.84 $ 840.00
118 AWG While (SaIelbe Power) 11,000 II. S 0.32 $ 3,520.00
118 AWG Black (Sr' Iile Power) 11,00011. S 0.32 $ 3,520.00
City of Miami Beach
118
ill A WO Oreen {SIleIIite Pmwr)
CommUDiCltion Cable
11,000 I!
12,000 I!
$ 0.32
$ 0.56
T.D.L INTERNATIONAL, INC.
BUILDERS OF GOU=
S 3,520.00
"16, 720.00
D. Mi-I........
Line Cooditionen 2ea. $4,961.25 $ 9,922.50
Air Re1iet7Vaive Box lea. -$ 218.63 -$ 218.63
0r01ll1ding Location 14 ea. -$ 157.50 -$ 2,205.00
Stub-Out 4ea. $ 105.00 S 420.00
Sleeving ~l,lSW.UU S 1,890.00
Secondary SlII'ge Protection:
AC Line Protector 18ea. $ 157.50 $ 2,835.00
Data Line Protector lea. $ 262.50 $ 262.50
24 V Protector 87 ea. $ 105.00 $ 9,135.00
E. Pmnp Station Complete
2000 GMP @ 254 IT HD
Stack
Intake Flume
Intake Screw
Power Supply
I ea. $94,444.35
lea. $ 9.187.50
lea. $12,622.05
I ea. $ 3,580.05
lea. $10,447.50
$94,444.35
"$ 9,187.50
$12,622.05
$ 3,580.50
$10,447.50
Toca1 (Toro):
$752.700.88
Toca1 (Rainbird):
$771.003.78
Note: Above prices shall include all labor, materials, fittings etc., required to ins1a1l a completely automatic
irrigation system.
City of Miami Beach
119
II ---PROPOIALPOM
M'IIItOIlE GOLI' CCIUIlII
VJIII8CN'E AIICHI1BmlRI! collr llIlENl'
I ITDI I lIIZB .....-..., , v,.... """'"
LANII8CAPB PLANT MATIlUAL
JI.- '- 11'.2<4' 3 pi " S 7.23 S G6.57
- ... ... 11'.14' 3 S ZI...OI S 64Z.03
... ~.. SF ,,", S 0.34 S 32.62300
... "-~ SF - S 0.12 S 41.664.14
- " - 10'.11' I S 343.43 S 343.43
..... ... A I Go! 597 S 3.92 $ Z.34O.Z4
L.... II I Go! ZIJ4 S 3.92 S 7!T13.1J&
-'purpIe' 2<4'-36' 3 031 Z38 S 8.92 S 2.1zz.96
dwarf 'piDkt 2<4'.36' 3 Go! 189 S 8.92 S 97Z.za
" ~.WI" 2<4'.36' 3 Go! 116 S 8.9Z $ 1.034.7Z
-- 14'.16' 1 $ 149.68 S 2<49.68
a---_ 14'-16' 101 S 149.68 S 25.ZI7.68
Iopbora 7p1 81 $ 55.43 S 4.8ZZ.41
~- )2'-14' 14 $ 334.99 $ 4.689.86
~~ 11'.14' 10 $ 334.99 S 3,349.90
C".1 1L IL. Icaco 2<4'-36' 3 ... 956 S 9.5Z S 9.101.lZ
C..... 4'~'7." 63 S 60.25 S 3.795.75
a.oIa .- 12'-14' 39 S 321.74 S 12.547.86
("u I "t. ....... 14'.16' za $ 249.68 S 6.991.04
C..... __'GreeD M81ay.... 18'-22' 102 S 501.58 $ 51.161.16
("Ol1J ~.rpclIf endU 6'-8' 7... Z58 $ 33.44 S 8.627.52
-.... 14'-16' 5 S 249.68 S I.Z4I.40
E...- asiIIaris 7... 7 S 55.73 S 390.11
E_ f_ 7... 6 S 55.73 $ 334.38
-- 14'.16' 2 S 265.za $ 530.56
H__ 4'~'7.aJ 96 S 44.59 $ 4,280.64
H, Hi ladfolia I." Z868 S 8.92 $ 25.582.56
bera "Nora G....... 24" . 36" 3... 60 $ 7.83 $ 0169.80
J___ 14'-16' 9 S 2J1I).77 S 2.526.93
J--' _.oIubiIe 18".2<4' 3... 60 $ 7.83 S 469.80
J...~a ......... I Go! 262<4 $ 3-92 S 10.216.01
K -.Lil L.18 . 1 Go! 954 S 7.71 S 7.355.34
~.. ~ lW' 11"- IZ'.18'lpI 459 S 3.37 S 1.546.83
r.a- ........ .--. IO'.IZ' 2 S 267.51 S 535.02
-w._ BR 1089 S 2.77 S 3.016.53
...... -- " . TRANSPLANT S - S -
...... . - -- TRANSPLA/Io'T S - S -
r II L .-. cDIpde-.... )2'-14' 7 S 271.13 S 1,897.91
.- 2<4".36' 3 pi 69 S 1z.29 S 1148.01
- Z8'-JO' -n S 891.70 S 41.909.90
.....
- 10'-14' w/booa 10 S 144.60 S 11,568.00
".10' 9 S Z22.93 S Z,006.37
1 3p1 151 S 10.06 S 1.509.00
I." - S 3.49 S 19.85I.IZ
)2'-14' 3 S 3Z1.74 S 965.22
s..-_-I- 3... Zl2 S ZO.06 S 4,653.92
S_" . 14'-16' IZ S 280.77 S Zl,OZl.14
T___ 12'.14' II S 267.51 S 2.675.10
T_ ,ua 11'-14' 17 S 2<41.00 S 4,097.00
24'.36" 3 pi 114 S 14.46 S 1,503.84
W .- 14'.16' , S 296.00 S 1,776.01
TOTAL LANDSCAPE PLANT MATERIAL PRICE S .,.....
II --PROP08ALFORM
M'nHOIlE GOU' COUfIIE
LAlllleeAPE An......_'TUIlI co.-a'Err
srn .....uAl1ON
i~_."""II'-2A' 51 S 157.41 S 9.13U6
1MB _...... (JomovoI a.....) -. 51 S 113.07 S 5.7a.57
_1-....... .1_""" (JomovoI a.-...o - " S 5US S 5.035.2ID
... CY - S z.6Z S 5.2<<1.00
3" 111_....... CY "" S 1.05 S 5,775.00
TOI'AL SI11l PUlP.uAl1ON PRICE S 3U5I.U
ILUDllCAPE
Tee__ina SF - S 4.67 S .l2,O.l6.2O
- EA 18 S 1.405.19 S 25.J06.02
T.... Reccpcocle ..... BI\I ......... EA .8 S 601.42 S 10.125.56
Tee_ EA 11 S 1.Z6Z.J2 S u,nl.76
_sian EA I S 2.155.21 S 2.155.21
Coone DiIKlionlJs EA Z3 S 366.09 S 1,420.07
Up Lillldn& lor c..... SiSN EA 2 S 3.144.00 S 6,288.00
c..... AIumi1lum Siln FlCe wilh Fiber Optic Li&Juing EA 2 S 31.472.49 S 62.944.98
r~' III concrete ...11 0 comer oip EA 3 S 15.471.zo S 46.4\3.60
TOTAL HAIlDSCAPE PRICE S 217,111."
MISCELLANEOVS
W_ DispenJer EA 5 S 1.076.63 S 5,383.15
~.Dd-<'TV . tup.1lop Enco........... WdI_ lin.ft. 7407 S 10.11 S 74......77
TOTAL MISCELLANEOUS S lIO,Z67.92
TOTAL LANDSCAPE ARCHITECTURE LUMP SUM S n'.....zo
NOTE: Landscape architecture component of the construction contract is based on a lump sum. Scope of the new
landscape plants in the base bid shall be 50% of the quantities shown in the drawings and plant lists. Contractor is
responsible for provide installed unit price for all items. Contractor is responsible for notifying the Landscape
Architect of any discrepancy between the plans and the proposal form. In all cases the plans supercede the proposal
form and plant lists.
CiIy of Miami Beach
121
T.D.I. INTERNA11ONAL, INC.
BUILDERS OF GOlF
04000. ACKNOIIIIl...I;DGEMENT OF AQDENQA
Invitation for Bid No, 19.00101
Directions: Complete Part I or Part II, whichever applies.
Part 1: Listed below are the dates of issue for each Addendum received in connection
with this Bid:
Addendum No.1, Dated October 2, 2001
Addendum No.2, Dated October 3, 2001
Addendum No.3, Dated October 5, 2001
Addendum No.4, Dated October 8, 2001
Addendum No.5, Dated
Part II:
No addendum was received in connection with this Bid.
Verified with Procurement staff
Date
Name of Staff
Geoff Corlett, President of T.O.I. Intemational, Inc
B' rs- Name
October9,2001
Date
BID NO: 59-00101
DATE: 9117101
CITY OF MIAMI BEACH
122
T.D.L INTERNATIONAL, INC,
BUILDERS OF GOlF
RENOVATION OF BAYSHORE GOLF COURSE,
CUSTOMER REFERENCE LISTING
Contractor's shall fumish the names, addresses, and telephone numbers of a minimum
of eight (8) firms or government organizations for which the Contrador is currently
furnishing or has furnished, similar services. Prospective Bidder (General Contractor)
must have minimum of 5 years experience in providing similar type/size scope of work as
indicated in the Technical Specifications.
1) Company Name The Ivanhoe Club
Address
28846 N. Thomgate Drive, Ivanhoe, IL 60060
Contact Person/Contract Amount Pete Leuzinger - $2,200,000.
Telephone Number (847) 566-2050
./ 2) Company Name The City of Harrisonburg Golf Course
Address
680 Garbers Church Road, Harrisonburg. VA 22801
Contact Person/Contract Amount Roger Baker $3,300,000.
Telephone Number (540) 434-6776
3)
Company Name
Address
High Ridge Country Club
2400 Hypoluxo Road, Lake Worth, FL 33462
Contact Person/Contract Amount Steve Kuhn $1 ,600,000.
Telephone Number (561) 586-3334
,
4) Company Name The Golf Club at Brlckshire
Address
2255 Cumberland Parkway, Bldg 200, Suite A, AlIanta, GA 30339
Contact Person/Contract Amount Tom Powers $3,700,000.
Telephone Number (770) 437-8007
BID NO: 59-00101
DATE: 9117101
CITY OF MIAMI BEACH
123
T.D.I. INTERNAnoNAL,INC.
BUILDERS OF GOLF
CUSTOMER REFERENCE LISTING
Contractor's shal fumish the names, addresses, and telephone numbers of a minimum
of eight (8) firms or government organizations for which the Contrador is currently
fumishing or has furnished, sirnilar services. ProspecINe Bidder (General Co,.Il....u)
must have mininum of 5 years experience in providing similar typeIsize scope of work as
indicated in the Technical Specifications.
5) Company Name Oakland Hills Country Club
Address
3895 W. Maple Road, Bioomfield Hills, MI 48301
Contact Person/Contract Amount Steve Cook $550,000.
Telephone Number
(248) 433-0679
6) Company Name City of Little Rock
Address
City Hall-Room 108 500 West Markham, Little Rock, AR 72201
Contact Person/Contract Amount Mark Webre $2,000,000.
Telephone Number
(501) 371-6853
7) Company Name City of Portsmouth
Address
P.O. Box 820, Portsmouth, VA, 23705
Contact Person/Contract Amount Luke McCoy $3,700,000.
Telephone Number
(757) 393-8592
<1> ~~\
8)
Company Name
Naval Air Station
Address 22445 Peary Road, Patuxent River, Maryland 20670
Contact Person/Contract Amount Butch Butler $2,000,000.
Telephone Number (301) 342-3597
BID NO: 59-00101 CITY OF MIAMI BEACH
DATE: 9117101 124
Ii-DI
INTERNAllONAl
Builders of Golf
STEVEN TATE
CONSTRUCTION MANAGER
EDUCATION
Graduate, University of Guelph, B.Sc. Agriculture, Honours
Horticulture Major - Turf.
Steven eamed his degree at the University of Guelph. Graduating
with a Bachelor of Science in Agriculture, he majored in Horticulture
and Turfgrass Science.
Steven has been with T.O.1. Intemational for 8 years as the
Construction Manager. Before joining T.O.1. Internationai, Steven
gained extensive management experience in the turf industry acting
as the Assistant Superintendent at York Downs Golf and Country
Club for four years, prior to which he was the Assistant
Superintendent at IBM Country Club.
Steven is a highly qualified Turf Manager, which is particularly
valuable during large-scale construction projects.
PROFESSIONAL AFFILIATIONS
Member - Michigan Turfgrass Foundation
- Golf Course Superintendents Association of America
RECENTLY COMPLETED PROJECTS
Copper Creek Golf Course
Pheasant Run Golf Club
The Golf Club at Brickshire
Stonebridge Golf Course
Talbot Country Club
Cedar Point Golf Course
Kleinburg, ON
Canton Township, MI
Williamsburg, VA
Nepean, ON
Eastern Shore, MO
Naval Air Station, MD
2001
2000
1999
1999
,1998
1998
lIDI
INTERNA110NAL
BuildQr~ of Golf
MARK HUGHES
SUPERINTENDENT
EDUCATION
Graduate, University of Guelph, Associate Diploma in Agriculture
Horticulture Major
Mark is a supervisor in our Remodeling Division. His work ethic and
intuitive ability to interpret project drawings, consistently provides
T.D.I. International with a project completed on time and also with a
very satisfied client.
PROFESSIONAL AFFILIATIONS
Canadian Golf Superintendents Association
RECENTLY COMPLETED PROJECTS
The Weston Golf Club
High Ridge Country Club
Boca Woods Country Club
Aberdeen Golf & Country Club
Big Creek Golf & Country Club
Weston, MA
Lake Worth, FL
Boca Raton. FL
Boynton Beach, FL
Mountain Home, AR
2001
2001
2000
2000
1999
ACI 0009205 STATE OF FLORIDA
DBPARTMBNT OF BUSINESS AND PROFESSIONAL REGULATION
CONST INDUSTRY LICBNSING BOARD SEe>> 0103190006~
~LICBNSE NBR
~OB -0017176
The BUSINESS ORGANIZATION
Named below IS QUALIFIED
Under the provisions of Chapter 489 FS,
Expiration date: AUG 31, 2001
('l'IIIS IS NOT A LICBNSE TO PERFORM WOJUt, THIS ALLOWS THE
COMPANY TO DO BUSINESS ONLY IF IT BAS A QUALIFIER,)
TtJRJ' DRAm mc
39555 ORCHARD BILL PLACE STE 600
HOVI MI 48375
JBB BUSH
GOVERNOR
DISPLAY AS REQUIRED BY LAW
KIM BIHKLBY-SBYBR
SECRETARY
ACI 0009169 STATE OF FLORIDA
DBPARTMBNT OF BUSINESS AND PROFBSSIONAL REGULATION i
CONST INDUSTRY LICBNSING BOARD SEe>>010319000~6i
~LICBNSE NBR 1'1,'
103/19/2001100024257 leu -C057351
The UIlDBRGROtJND UTILITY " UCAVATION CONTltACTOR I
N_d below 18 CBRTIFIBD I
UDder the provisions of Chapter 489 PS,
EXpiration date: AUG 31, 2002
TAft, STBVDf MA',n;A15"
TtJRJ' DRAIN mc
39555 ORCHARD RILL PL 8TE 600
NOVZ HI 48375
.:nIB BUD
GOVERNOR
DISPLAY AS REQUIRED BY LAW
KIM BIRKLBY-SBYBR
SECRETARY
"
,......'1.
MICHIGAN DEPARTMENT OF CONSUMER. INDUSTRY SERVICES
BUREAU OF COMMERCIAL SERVICES
0.... FleceIved (FOR BUREAU USE ONI. Y)
TIIIo_II_lon"_-, _1"__-
___DOdaya___II_m"
-.
........
David M. Uck, loomis, Ewert, Parsley, Davis & Goffing, P.C.
Addr8es
232 S. Capitol Ave.. Suite 1000
City State ZIp Code
Lansino MI 48933 EFFECTl\IE
DATE:
Docu....nt will be returned to lIllt name Ind Icldr_ you entor _
If 11ft blink docu....nt will be _lied to thl rog_ om...
CERTIFICATE OF AMENDMENT TO THE ARTICLES OF INCORPORATION
For use by Dom..tlc Profit and Non-Profit Corporations
(Please read information and instructions on the last page)
Pursuant 10 the provisions of Act 284, Public Acts of 1972 (profd corporations). or Act 162, Public Acts of 1982
(nonprofit corporations), the undersigned corporalion executes Ihe following Certificate:
1. The present name of the corporation is:
Turf Drain, Inc.
2. The identification number assigned by the Bureau is:
443-856
3. Article
of the Articles of Incorporation is hereby amended to read as follows:
The name of the corporation is: T.O.1. International, Inc.
.\ ./
,~~,-