F&L Construction Inc.
~~"'Y CLERK
INVITATION FOR BIDS
CONCRETE CURBING/SInEW ALK CONSTRUCTION, AND THE
PURCHASE OF ASPHALTIC CONCRETEIRELATED
MATERIALS, AND THE STRIPING OF CITY STREETS AND
PARKING LOTS
BID # 27-01102
BID OPENING: JULY 24, 2002 AT 3:00 P.M.
Gus Lopez, CPPO, Procurement Director
City of Miami Beach - Procurement Division
1700 Convention Center Drive
Miami Beach, FL 33139
BID NO: No. 27-01/02
DATE: 06114/02
CITY OF MIAMI BEACH
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CITY HALL 1700 CONVENTION CeNTER DRIVE MIAMll:lf.AC'1 'LURILJA .lJ'.l9
ww,^,cl,nllar11l.0each II uS
CITY OF MIAMI BEACH
To:
From:
Subject:
COMMISSION MEMORANDUM
Date: September 25. 2002
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez 1" '~"' f"
City Manager I rv. /)
! .~
REQUEST FOR APPROVAL TO AWARD CONTRACTS PURSUANT TO
BID NO. 27-01/02, AS FOLLOWS: GROUP I: F & L CONSTRUCTION,
INC., FOR AN ANNUAL NOT TO EXCEED AMOUNT OF $107,900.00 FOR
CONCRETE CURBING/SIDEWALK CONSTRUCTION; GROUP II: H & J
ASPHALT INC., FOR AN ANNUAL NOT TO EXCEED AMOUNT OF
$1,296,450.00 FOR ASPHALT CONCRETE/RELATED MATERIALS;
GROUP iliA H & J ASPHALT INC FOR AN ANNUAL NOT TO EXCEED
AMOUNT OF $50,295.00 FOR STRIPING OF CITY STREETS; AND
GROUP IIIB: MEF CONSTRUCTION, INC., FOR AN ANNUAL NOT TO
EXCEED AMOUNT OF $39,632.50 FOR STRIPING OF CITY PARKING
LOTS.
ADMINISTRATION RECOMMEDATION:
Approve the Award of contracts for the following:
FUN~ING:
Funds in the amount of $733.000.00 are availa ble from budgeted accounts of Public Works
and the Parking Department as follows:
$198.000.00
$ 70,000.00
$ 30.000.00
$385.000.00
$ 50.000.00
$733,000.00
Public Works Account Number 011-9407-000342
Public Works Account Number 425-041 0-000683
Public Works Account Number 427-0427-000684
Parking Dept Account Number 485-2153-069358
Parking Dept Account Number 485-2153-069358
Total (Estimated Annual Amount)
Any purchase request that exceeds the budgeted amounts listed above, will be subject to the
review and approval of OMB.
The initial Standing Order will be issued using the available funds listed above. Change
Orders increases for the additional work will be processed when additional funds become
available. and upon subsequent approval by OMB.
BID NO. 27-01/02
Page Two
September 25, 2002
ANALYSIS:
The purpose of this Bid is to establish contracts for Concrete Curbing/Sidewalk Repair and
Replacement, the purchase of Milling and Resurfacing of Asphalt Concrete/Related Materials,
and the Stiping of City Streets and Parking Lots City wide on an "as needed basis".
The work specified in this bid consists of fumishing all labor, machinery, tools, means of
transportation, supplies, equipment, materials, services necessary for Concrete/Curbingand
Sidewalk Construction and the Purchase of Asphaltic Concrete/Related Materials and the
Striping of City Streets and Parking Lots, in accordance with the bid documents.
The applicable portions of the Miami-Dade County Public Works Manual and the Standard
Specifications for Road and Bridge Construction of the Florida Department ofTransportation,
Edition of 1991, and its supplements, as amended, are a part of this Contract and shall be
further supplemented and amended by the General Specifications and Special Provisions
contained herein.
Wheelchair curb ramps shall be constructed to be in full compliance with all Americans with
Disabilities Act (ADA) Accessibility Guidelines standard and Florida Accessibility Code
standards, as well as any other required and relevant standards.
This contract shall commence the day after date of award by the City Commission, and
shall remain in effect for a period of one (1) year.
Providing the successful bidders will agree to maintain the same terms and conditions of
the current contract, this contract may be extended by the City Manager for an additional
two (2) years, on a year to year basis, if mutually agreed upon by both parties.
As Task Orders are identified, substantial completion times will be mutually agreed l4'On
between the successful contractor and the City. Liquidated damages of $25.00 per day will be
deducted from the contract sum for each calendar day elapsing beyond the specified time for
completion for each Task Order.
Invitation to Bid No. 27-01102 was issued on June 16,2002 with an opening date of August 9,
2002. Two-thousand sixty-four (2,064) bid notices were issued by DemandStar by Onvia
resulting in thirty-five (35) vendors requesting bid packages. Responsive bids were received
from H & J Asphalt Inc., MEF Construction, and F & L Inc., on August 9,2002.
Attached is the bid tabulated results. The lowest and best bidder are as follows:
BID NO. 27-01/02
Page Three
September 25, 2002
ANALYSIS (Continued)
Group I - Concrete/Curbing Sidewa Ik Construction
-F & L Construction, Inc. at an annual not to exceed amount of $1 07,900.00
Group II - Asphalt Concrete/Related Materials
H & J Asphalt, Inc., at an annual not to exceed amount of $1,296.450.00.
Group /II(A) - Striping of City Streets.
H & J Asphalt, Inc at an annual not to exceed amount of $50,295.00.
Group III(B) - Striping of City Parking Lots.
MEF Construction, Inc., at an annual not to exceed amount of $39,632.50.
References have been checked by Procurement staff and Dun and Bradstreet reports have
been seclXed for F & L Construction, Inc., H & J Asphalt Inc., and MEF Construction, Inc. The
results are as follows:
F & L Construction Inc. has been in business for twenty-eight (28) years under present
business name, and all references were more than satisfactory. The previous contract for
concrete Curbing/Sidewalk Construction, Repair and Replacement was awarded to F & L
Construction Inc. in the estimated amount of $90,000.00, Pursuant to Bid Number 3-98/99.
H & J Construction Inc. has been in business for fifteen (15) years under present business
name, and all references were more than satisfactory. The previous contract for Asphaltic
Concrete/Related Materials and the Striping of City Parking Lots, was awarded to H & J
Asphalt Inc. in the estimated amount of $466,840, Pursuant to Bid Number 87-99/00.
MEF Construction Inc. has been in business for ten (10) years under present business name,
and all references were more than satisfactory.
This Bid number 27-01/02 combines the Scope of Work contracts to provide services to
for the above mentioned contracts so the Public Works and Parking Departments.
CONCLUSION
Based on the analysis of the bids received, it is recommended that the contracts be awarded
to the lowest and best bid from the responsive, responsible bidders, as follows: Group I: F & L
Construction,lnc., for Conaete Curbing/Sidewalk Construction; Group II: H & J Asphalt Inc., for
Asphalt Concrete/Related Materials; Grol(> iliA H & J Asphalt Inc., for Striping of City Streets;
and Group IIIB: MEF Construction Inc., for Striping of City Parking Lots.
.
DATE: 9/13/02
QUOTATION WORKSHEET
CONCRETE CURBING/SIDEWALK CONSTRUCTION, AND THE PURCHASE OF ASPHALTIC CONCRET/RELATED MATERIALS, AND THE
STRIPING OF CITY STREETS AND PARKING LOTS. ITB # 27-01/02
GROUP I CONCRETE/CURBING/SIDEWALK CONSTRUCTION
VENDOR: VENDOR: VENDOR: VENDOR:
PREVIOUS F & L
H & J ASPHALT F&L MEF CONTRACT
, QTV. ... ...
... ...
... g ... ~ ~ ~
I: t-
Z t- O
z E' UNIT $ ~ UNIT $
:) t- :) ~
DESCRIPTION I UPGRADE
1A 1000 REMOVE & REPLACE 4' CONCRETE SIDEWALK $8.00 $8,000 $4.00 14,000.00 $8.00 $8,000 $3.60 $3,600
2A 2000 REMOVE & REPlACE 6' CONCRETE SIDEWALK $8.00 $16,000 $5.50 $11,000.00 $12.00 $24,000 $3.40 $6,800
3A 2SO REMOVE & REPLACE 24'-30' CURB & GUTTER $36.00 $9,000 $25.00 $6,250.00 $45.00 $11,250.00 $12.00 $3,000.00
2SO 36'-42' CURB & GUTTER $37.00 $9,250 $30.00 $7,500.00 $50.00 $12,500.00 $0.00 $0.00
4A 200 REMOVE & REPLACE 6'X 12' $29.00 $5,800 $20.00 14,000.00 $35.00 $7,000.00 $9.00 $1,800.00
18 SOO CONSTRUCT 4' CONCRETE SIDEWALK 56.00 $3,000 $4.50 $2,250.00 $8.00 14,000.00 $2.80 $1,400.00
28 2SO CONTRUCT 6' CONCRETE SIDEWALK $8.00 $2,000 56.00 $1,500.00 $12.00 $3,000.00 $3.40 $850.00
38 200 CONTRUCT18'/CURB & GUTTER $35.00 $7,000 $28.00 $5,600.00 $40.00 $8,000.00 $10.00 $2,000.00
200 24' CURB & GUTTER $25.00 $5,000 $30.00 $6,000.00 $50.00 $10,000.00 $11.00 $2,200.00
200 30' CURB & GUTTER $37.00 $7,400 $32.00 $6,400.00 $65.00 $13,000.00 '12.00 $2,400.00
48 200 CONSTRUCT 6' X12'/ CONCRETE CURB $26.00 $5,200 $22.00 14,400.00 $40.00 $8,000.00 $8.00 $1,600.00
58 8 CONTRUCT PEDESTRIAN! RAMP $3,475.00 $27,800 $600.00 14,800.00 $2,000.00 $16,000.00 $400.00 $3,200.00
1C SO EXTRA STRENGTH CONCRETE/4,ooo P.S.I. $58.00 $2,900 $20.00 $1,000.00 $50.00 $2,500.00 $45.00 $2,250.00
2C 4000 INTREGRAL COLOR CONCRET $158.00 $632,000 $10.00 S40,OOO.OO $50.00 $200,000.00 $0.60 $2,400.00
3C DUST-ONlDRY-SHAKE COLOR! HARDENED FINISH
SOO CONCRETE 4'-6' $18.00 $9,000 $2.00 $1,000.00 $10.00 $5,000.00 $0.20 $100.00
10 10 PAVEMENT RESTORATION 5-1 ASPHALT . $100.00 $1,000 $220.00 $2,200.00 $400.00 54,000.00 $1.00 $10.00
$3,788.00 $750,350 $827.00 $336,250 $31,100
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
hltp:\\ci.miami-beach,fl,us
~
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
INVITATION TO BID NO. 27-01102
ADDENDUM NO.3
August 6, 2002
CONCRETE CURBING/SIDEW ALK CONSTRUCTION, AND THE PURCHASE OF
ASPHAL TIC CONCRETE/RELA TED MATERIALS, AND THE STRIPING OF CITY
STREETS AND PARKING LOTS is amended as follows:
QUESTION:
I)Proposal Unit prices, item lC indicates that the estimated quantity per
year is SO L.F. of Extra strength concerete/4000 PSI. Is it SO C.Y.? Please
Clarify.
ANSWER:
Item lC, of Group I, Proposal Page 2 of 2 shall be change from SO L.F.,
to SO C.Y. as indicated below.
Bidder shall submit their bid for this Item on this Addendum #3 below and attach to their
Bid form Submittal.
ITEM #
DESCRIPTION
EST.OTY UNIT PRICE TOTAL
(YEARLY)
lC
Extra Strength Concrete/4000 (SO) C.Y.
$
C.Y. $
QUESTION 2)
Proposal Unit prices, item 1D indicates that we need to give a unit price
for Pavement restoration Sol Asphalt, but in the minimwn specifications,
scope of work, item number 09, page 25, indicates that the type of asphalt
is S-3. Please clarify.
ANSWER:
The City is requesting a bid price for S-I Asphalt; as specified in the
minimum specification on page 25.
QUESTION 3)
Item 04 of the technical specifications indicate that the construction of
pedestrian ramp shall be in accordance with the City of Miami Beach
Detail, Pedestrian Ramps Public Right-of-Way.
We need the details for the Sidewalk construction.
ANSWER:
City of Miami Beach Detail, Pedestrian ramps in Public Right-of-Way, is
the same as The Florida Department of Transportation requirements.
CITY OF MIAMI BEACH
,.?~:;.<~<,/~;:"~
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Gus Lopez, CPPO
Procurement Director
kp
,
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE. MIAMI BEACH. FLORIDA 33139
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
INVITATION TO BID NO. 27-01/02
ADDENDUM NO.2
August 1, 2002
CONCRETE CURBING/SIDEW ALK CONSTRUCTION, AND THE PURCHASE OF
ASPHALTIC CONCRETE/RELATED MATERIALS, AND THE STRIPING OF CITY
STREETS AND PARKING LOTS is amended as follows:
I. The Bid Opening date is changed from August 2,2002, to AUGUST 9, 2002 AT 3:00 P.M.
D. Subsequent addendum will follow with Clarification! Answers to received questions.
ill. ADD: ORDINANCE NO.2002-3363 LOBBYIST' FEES; FEE DISCLOSURE:
(Attaclunent 1)
THIS ADDENDUM IS FOR INFORMATIONAL PURPOSE ONLY.
CITY OF MIAMI BEACH
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Gus Lopez, CPPO
Procurement Director
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ORDINANCE NO. 2002-3363
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY
CODE CHAPTER 2, DIVISION 3, SECTION 2-485 THEREFORE
ENTITLED "LIST OF EXPENDITURES; FEE DISCLOSURE;
REPORTING REQUIREMENTS", BY REQUIRING DISCLOSURE OF
LOBBYIST' FEES; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Miami Beach City Code Chapter 2 entitled "Administration", Division 3
entitled "Lobbyist", Section 2-485 thereof is hereby amended to read as follows:
Sec. 2-485. List of expenditures; fee disclosure; reporting requirements.
a. On October 1 of each year, lobbyist subject to lobbyist registration
requirements shall submit to the city clerk a signed statement under oath as provided herein
listing all lobbying expenditures in the city for the preceding calendar year. A statement shall
be filed even if there have been no expenditures during the reporting period. The statement
shall list in detail each expenditure by category, including food and beverage, entertainment,
research, communication, media advertising, publications, travel, lodging and special events.
"'. If no com ensation has or will be aid concemin
statement shall nonetheless be filed reflectina as such.
Attachment 1 (Addendum 2)
(b} {Q} The city clerk shall notify any lobbyist (or orincioall who fails to timely file an the
expenditure or fee disclosure reports referenced in sections (a) and (b) above. In addition
to any other penalties which may be imposed as provided is section 2-485.1, a fine of $50.00
per day shall be assessed for reports filed after the due date.
{G} ~ The city clerk shall notify the Miami-Oade County Commission on Ethics and
Public Trust of the failure of a lobbyist (or orincioall to file a either of the reports referenced
above and or pay the assessed fines after notification.
{d}.en A lobbyist (or orincioal) may appeal a fine and may request a hearing before
the Miami-Oade Commission on Ethics and Public Trust. A request for a hearing on the fine
must be filed with the Miami-Dade Commission on Ethics and Public Trust within 15 calendar
days of receipt of the notification of the failure to file the required disclosure form. The Miami-
Dade Commission on Ethics and Public Trust shall have the authority to waive the fine. in
whole or in part, based on good cause shown.
SECTION 2.
REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
Attachment 1 (Addendum 2)
SECTION 3.
SEVERABILITY
If section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SECTION 4.
CODIFICATION
It is the intention of the Mayor and City Commission of the City of Miami Beach, and
it is hereby ordained that the provisions of this ordinance shall become and be made a part
of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be
renumbered or relettered to accomplish such intention, and the word "ordinance" may be
changed to "section", "article", or other appropriate word.
SECTION 5.
EFFECTIVE DATE
This Ordinance shall take effect 18th day of May, 2002.
PASSED and ADOPTED on Second Reading this 8th day of May, 2002.
A'lTEST:
~p~
CITY CLERK
(Requested by Commissioner Matti Bower and Co-sponsored by Commissioner Simon
Cruz, Jose Smith and Richard Steinberg)
Sbad$c:l1aoguage reflects changes between first and second reading.
JKOlkw
F:ATTOIOLIJlRE5-0RDI2-485.0RD.DOC
APPROVED /lIS 10
fORM&~
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CITY OF MIAMI BEACH
lQ
J700CONVENTION CENTER DRIVE. MIAMI BEACH. FLORIDA 33139
http:\\ci.miami-beach.n.us
PROCUREMENT DIVISION
Telephone (305) 67l- 7490
F..slmlle (30S) 673-7851
INVITATION TO BID NO. 27-01102
ADDENDUM NO.1
July 19, 2002
CONCRETE CURBING/SIDEW ALK CONSTRUCTION, AND THE PURCHASE OF
ASPHALTIC CONCRETEIRELATED MATERIALS, AND THE STRIPING OF CITY
STREETS AND PARKING LOTS is amended as follows:
1. CHANGE The BID Opening Date has change from July 24, 2002 to August 02, 2002 at 3:00
P.M.
2. CHANGE MIMINUM REQUIREMENTS
Prospective Bidders (General Contractor, Concrete Contractor, Asphalt Contractor,
Striping Concrete or any specialized Contractor that has the required licenses to perform
the required Scope(s) of work, and their subcontractors) must have 3 years experience in
providing the WOIk specified for Any/All of the three (3) different Groups (1-3) of work:
of which they may be submitting a bid Bidders shall provide references for a mininnnn of
4 separate construction projects, of fifty thousand dollars ($50,000) or higher for Groups
I and 2, and 4 separate construction projects of ten thousand dollars ($10,000) or higher
for Group 3.
3. CHANGE Bid Guaranty: This bid does not reauire a bid guaranty. however the successful bidder
will be reauired to provide Performance and Payment Bonds, each in the amount of 000-
hundred thousand ($100.000) dollars, for Groups 1 and 2. Performance and Payment
Bonds will not be required for the Group 3 work: for the first year of the contract however
the City may require Performance and Payment Bonds for the Optional renewal year(s) of
this contract. Should the City determine that Bonds will be required, (Group 3) the
Contractor will only be compensated for their cost of the required Bonds.
Page I d" 10
4. CHANGE BID, PERFORMANCE, AND BUDGET
Performance and Payment Bonds, each in the amount of one hundred thousand ($100,000)
dollars, for Groups 1 and 2. Perfonnance and Payment Bonds will not be required for the
Group 3 work for the first year of the contract however the City may require Perfonnance
and Payment Bonds for the Optional renewal year(s) of this contract. Should the City
determine that Bonds will be required, (Group 3) the Contractor will only be compensated
for their cost of the required Bonds.
5. CHANGE REFERENCES:
Bidders sha1l provide references for a minimum of 4 separate cons1nJction projects, of fifty
thousand dollars ($50,000) or Higher for Groups I and 2, and 4 separate construction
projects often thousand dollars ($10,000) or Higher for Group 3. References sha1l
include the name of the company, a contact person and the telephone number.
Page 2m 10
CONCRETE CURBING/SIDEW ALK CONSTRUCfION, AND THE PURCHASE OF
ASPHALTIC CONCRETE/RELATED MATERIALS, AND THE STRIPING OF CITY
STREETS AND PARKING LOTS
BID # 27-01/02
Proposal Page 1 of 2
We propose to furnish all labor, material, equipment, supetvision and transportation necessary to deliver
and install on an as-needed basis, Concrete CUIbinglSidewalk Constroction for the City of Miami Beach
in accordance with the Bid Specifications as follows:
NOTE: BIDDERS MAY BID ON A SINGLE, ANY COMBINATION, OR ALL GROUPS OF
WORK.
Group I
ITEM # DESCRIPTION EST.OTY !l!m. TOTAL
(YEARLY) PRICE
lA) Remove & Replace 4" 1,000 S.F. $ S.F. $
Concrete Sidewalk
2A) Remove & Replace 6" 2,000 S.F. $ S.F. $
Concrete Sidewalk
3A) Remove & Replace 24"-30" (250) L.F. $ L.F. $
Curb & Gutter
Remove & Replace 36"-42" (250) L.F. $ L.F. $
Curb & Gutter
4A) Remove & Replace 6"xI2" (200) L.F. $ L.F. $
Curb
IB) Construct 4" Concrete (500) S.F. $ S.F. $
Sidewalk
2B) Construct 6" Concrete (250) S.F. $ S.F. $
Sidewalk
AMENDED 07/19101
..... 3 of 10
CONCRETE CURBING/SIDEWALK CONSTRUCTION, AND THE PURCHASE OF
ASPHALTIC CONCRETElRELATED MATERIALS, AND THE STRIPING OF CITY
STREETS AND PARKING LOTS
BID # 27-01/02
Proposal Page 2 of 2
(Continued)
Group I
ITEM # DESCRIYTION EST.OTY !!!m. TOTAL
(YEARLY) PRICE
3B) Construct 18"/ Curb (200) L.F. $ L.F. $
& Gutter
24" Curb & Gutter (200) L.F. $ L.F. $
30" Curb & Gutter (200) L.F. $ L.F. $
4B) Construct 6" x 12"/ (200) L.F. $ L.F. $
Concrete Curb
5B) Construct Pedestrian! (8) EA. $ EA. $
Ramp
lC) Extra Strength Concretel4,OOO (50) L.F. $ L.F. $
P.S.I
2C) Integral color Concrete (4,000) C.Y. $ C.Y. $
4"-6"
3C) Dust-on/Dry-Shake Color/ (500) S.F. $ C.Y. $
Hardened Finish Concrete
4"-6"
10) Pavement Restoration Sol (10) Tn $ Tn $
Asphalt
Group I: Concrete Curbing/Sidewalk Construction: Total $
Written Amount
AMENDED 07/19102
Pap 4<i 10
CONCRETE CURBING/SIDE WALK CONSTRUCTION, AND THE PURCHASE OF
ASPHALTIC CONCRETElRELATED MATERIALS, AND THE STRIPING OF CITY
STREETS AND PARKING LOTS
BID # 27-01/02
PROPOSAL PAGE 1 of 2
We propose to furnish allIabor, material, equipment, supervision and transportation necessary to deliver
and install on an as-needed basis, Asphaltic ConcretelRelated Materials for the City of Miami Beach in
accordance with the Bid Specifications as follows:
Asphaltic Concrete! Related Material: Contractor will provide Asphaltic Concrete in place, conforming
with the requirements for Type S I Asphaltic Concrete Surface Course as specified in the 1986 Florida
Department of Transportation Standard Specifications for Road and Bridge Construction, as needed,
complete with Tack Coat, Hot Mix to be picked up by City, and Cold Mix to be delivered, at the following
unit prices in accordance with the bid specifications.
NOTE: BIDDERS MAY BID ON A SINGLE, ANY COMBINATION, OR ALL GROUPS OF
WORK.
Group 11- Asphaltic Concrete! Related Material:
TYPFJSIZE OF
PROJECT
EST. ANNUAL QTY:
OTY.
UNIT COST
TOTAL
I.
Roads - 0-200 Tons 3,000 Tons
$
frONS $
2.
Roads - 200+ Tons 5,000 Tons
$
frONS $
3.
Intersections - 0-200 Tons 500 Tons
$
frONS $
4.
Intersections - 200+ Tons 800 Tons
$
frONS $
5.
Hot Mix to be picked 200 Tons
up by City
$
frONS $
6.
Cold Mix to be delivered 600 Tons
to the city.
Asphaltic Concrete Patch 2,000 Tons
Worle Saw Cutting &
Patching
$
frONS $
frONS $
$
7.
AMENDED 07/18102
I'IF S oC 10
CONCRETE CURBING/SIDEW ALK CONSTRUCTION, AND THE PURCHASE OF
ASPHALTIC CONCRETElRELATED MATERIALS, AND THE STRIPING OF CITY
STREETS AND PARKING LOTS
BID # 27-01/02
PROPOSAL PAGE 2 of 2
(Continued)
TYPElSIZE OF EST. ANNUAL UNIT COST TOTAL
PROJECT OTY.
8. Saw Cutting & patching 200,000 S.F. $ rrONS$
9. Milling Existing /Asphalt 12,000 S.Y $ rrONS $
Concrete
10. Milling Existing Asphalt 12,000 S.Y $ S.Y $
Concrete 1" cut
2"cut 12,000 S.Y $ S.Y $
3"cut 12,000 S.Y $ S.Y $
4"cut 12,000 S.Y $ EA $
11. Tack Oil, RS-l, 200 Gallon $ Gal $
Pick-Up by CMB
12. Adjust manhole and! 50/50 Each $ EA. $
or valve boxes
13. Replace traffic loops 10 Each $ EA $
(4,6, 8 loops)
Group D: Asphaltic Concrete/Related Material: Total $
Written Amount
AMENDED 07/18102
Paae 6cf 10
CONCRETE CURBING/SIDEW ALK CONSTRUCfION, AND mE PURCHASE OF
ASPHALTIC CONCRETElRELATED MATERIALS, AND THE STRIPING OF CITY
STREETS AND PARKING LOTS
BID # 27-01/02
PROPOSAL PAGE 1 of 4
We propose to finnish all labor, material, equipment, supervision and transportation necessary to deliver
and install on an as-needed basis, Striping of City Streets and Related Materials for the City of Miami
Beach in accordance with the Bid Specifications as follows:
Striping - City Streets: Contractor will meet Dade County and Florida Department ofTransportation
Specifications at the following unit prices in accordance with the bid specifications.
NOTE: BIDDERS MAY BID ON A SINGLE, ANY COMBINATION, OR ALL GROUPS
OF WORK.
Group m (A) -Striping - City Streets:
~ Description
1. Thennoplastic, 4'Y
Solid Yellow/White
Est. Annual Otv.
5,280 LF.
Unit Cost
$ L.F.
!!!!!!
$
2.
Thermoplastic, 4"/
Skip Yellow /White
5,280 LF.
$
$
L.F.
3.
Thermoplastic, 6"/
Solid Yellow/White
5,280 LF.
$
$
L.F.
4.
Thermoplastic, 6"/
Skip Yellow /White
5,280 LF.
$
$
L.F.
5.
Thermoplastic, 8"1
Solid Yellow /White
5,280 LF.
$
$
L.F.
6.
Thermoplastic, 12"/
Solid Yellow /White
5,280 LF.
$
L.F.
$
7.
Thermoplastic, 18"1
Solid Yellow /White
5,280 LF.
$
L.F.
$
8.
Thermoplastic, 24"/
Solid White
5,280 LF.
$
L.F.
$
AMENDED 07/18102
Pop 70( 10
CONCRETE CURBING/SIDEWALK CONSTRUCI10N, AND THE PURCHASE OF
ASPHALTIC CONCRETE/RELATED MATERIALS, AND THE STRIPING OF CITY
STREETS AND PARKING LOTS
BID # 27-01/02
PROPOSAL PAGE 2 of 4
(Continued)
!!!l!!!. Description
Est. Annual Otv.
Unit Cost
!2!!!
9. R P M's (Road Reflector) 500 Ea.
$
L.F.
$
10. Directional Arrows 50 Ea.
$
EA.
$
11. Handicap Logo & Blue 5 Ea.
Stripe (parking space)
$
EA.
$
12. Temponuy Striping 5,280 LF.
$
L.F.
$
13. Removal of Existing 200 LF.
ThennoStriping
$
L.F.
$
Group m (A): Striping of City Streets.
Total
$
Written Amount
AMENDED 07/18102
..... 8<< 10
CONCRETE CURBING/SIDEW ALK CONSTRUCTION, AND THE PURCHASE OF
ASPHALTIC CONCRETElRELATED MATERIALS, AND THE STRIPING OF CITY
STREETS AND PARKING LOTS
BID # 27-01/02
PROPOSAL PAGE 3 of 4
We propose to furnish all labor, material, equipment, supervision and transportation necessary to deliver
and install on an as-needed basis, Striping of City Parking Lots, and related materia1s for the City of Miami
Beach in accordance with the Bid Specifications as follows:
Striping - City Parking Lots (The City will provide a Survey and Lay-out for each Lot). 1re&xp:
ofWoIK will consist of approximately fifty (50) lots, Consisting of approximately 1,425 L.F. each. Colors
required are Yellow, White and Blue.
Con1ractor will provide the striping of City Parking Lots at the following unit prices in accordance with the
bid specifications.
NOTE: BIDDERS MAY BID ON ANY COMBINATION, OR ALL GROUPS.
Group m (B) -Striping - City Parking Lots
!W!!. Description Est. Annual Otv.
l. Striping City Parking Lots 71,250 L.F.
2. Stop Bars 150 Ea.
3. Arrows 50 Ea.
4. Cross Hatching 200 Ea.
5. Disable Logo 160 Ea.
6. Disable Cross Hatching 160 Ea.
7. Re-install Existing Concrete 2,000 Ea.
Car Stops
Group m (8): Striping of City Parking Lots: Total
$
Written Amount
AMENDED 07/1&'02
PIp 9 of10
CONCRETE CURBING/SIDEW ALK CONSTRUCTION, AND mE PURCHASE OF
ASPHALTIC CONCRETEIRELATED MATERIALS, AND THE STRIPING OF CITY
STREETS AND PARKING LOTS
BID # 27-01/02
SUMMARY PAGE:
NOTES:
The City reserves the right to make multiple awards, ifit is in the best interest of
the City. Recommendation of award may be made to the overall lowest and best
bidder (All Groups). The City may also have the option to recommend award to the
lowest and best bidder per Group. The City also reserves the right to recommend
awards to a Primary and Secondary Contractor to Any or All Groups of Work.
Bidders are NOT required to submit a Bid for ALL Groups of work to be
considered responsive.
Group I:
Concrete Curbing
Sidewalk Constnlction:
Total
$
Group ll:
Purchase of Asphaltic Concrete
Related Material: Total
$
Group m (A):
Striping of City Streets:
Total
$
Group m (B): Striping of City Parldng Lots:
Total
$
Grand Total $
Written Amount
BIDDERS ARE REQUIRED TO ACKNOWLEDGE TIllS ADDENDUM PROPOSAL PAGE,
"ACKNOWLEDGEMENT OF ADDENDA", OR THE BID MAY BE CONSIDERED NON-
RESPONSIVE.
CITY OF MIAMI BEACH
/;:.~?~:.~::;'
i
Gus Lopez, CPPO
Procmement Director
kp
Paso 10 of 10
CITY OF MIAMI BEACH
~
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139
www.ci.miami-beach.fl.us
Procurement Division
Telephone: 305.673.7490
Facsimile: 305.673.7851
PUBLIC NOTICE
INVITATION TO BID NO. 27-01/02
Sealed bids will be received by the City of Miami Beach Procurement Division, 3n1 Floor, 1700 Convention
Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on the 24TH Day of July, 2002, for:
CONCRETE CURBING/SIDEW ALK CONSTRUCTION, AND TIlE PURCHASE OF
ASPHALTIC CONCRETElRELATED MATERIALS, AND THE STRIPING OF CITY
STREETS AND PARKING LOTS
Scope of Work: The work specified in this bid consists of furnishing all labor, machinery, tools, means of
transportation, supplies, equipment, materials, services necessary for Concrete/Curbing and Sidewalk
Construction and the Purchase of Asphaltic ConcretelRelated Materials and the Striping of City Streets and
Parking Lots, in accordance with the bid documents.
MINIMUM REQUIREMENTS
Prospective Bidders (General Contractor and their subcontractors) must have 3 years experience in
providing the Work specified forth: three (3) different Groups (1- 3) of which they may be submitting a bid
Bidders shall provide references for a minimum of 4 separate construction projects, per Group that they will
be bidding, of one- hundred thousand dollars ($100,000) or higher in construction work.
Estimated budget for this project Is $750,000.
At time, date, and place above, bids will be publicly opened. 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 10:30 80m on the 11111 of July 2002 at the City of Miami
Beach City Hall, in the Mayor's Conference Room, located on the Fourth Floor at 1700
Convention Center Drive, Miami Beach Florida 33139.
Attendance at the Prebid Conference is highly encouraged and recommended as a source ofinfonnation
but is not mandatoI}'.
Bid Guaranty: This bid does not reauire a bid llU8IlIl1tv. however the successful bidder will be reauired
to Drovide Perfonnance and Payment Bonds. each in the amount of one-hundred thousand (100,000)
dollars.
BID NO: No. 27-01102
DATE: 06114/02
COY OF MIAMI BEACH
2
The City bas contracted with DemandStar by On via as our electronic procurement service for automatic
notification of bid opportunities and document fulfillment We encourage you to participate in this bid
notification system. To find out how you can receive automatic bid notifications or to obtain a copy
of this Bid, go to www.demandstar.com or call toU-free 1-800-711-1712, and request Document #
273. Subscribing to DemandStar by Onvia's bid notification system is not a requirement You will still be
able to find bid infonnation and download documents through the City's website (htto:/lci.miami- beach.fl.us.
From the City's home page, click on Procurement and follow the instructions. You will be charged an
administrative fee of $5.00 by DemandStar to download this document.
Any questions or clarifications concerning this Bid shall be submitted in writing by mail or facsimile to the
Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139, or 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 adderxlum.
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 infonnality in any proposal or bid. The City of Miami Beach may
reject any and all proposals or bids.
YOU ARE HEREBY ADVISED THAT THIS INVINTATION BID IS SUBJECT TO THE
"CONE OF SILENCE, "IN ACCORDANCE WITH ORDINANCE NO. 99-3164. ACOPYOF
ALL WRITTEN COMMUNICATION (S) REGARDING THIS BID MUST BE FILED WITH
THE CITY CLERK.
YOU ARE HEREBY ADVISED THAT TIllS INVITIAITON TO BID IS SUBJECT TO THE
"CODE OF BUSINESS ETHICS" ("CODE"), IN ACCORDDANCE WITH RESOLUTION
NO. 200-23879.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
CITY OF MIAMI BEACH DEBARMENT ORDINANCE NO. 2000-3234.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
BID SOLICITATION PROTEST ORDINANCE NO. 2002-3344.
,~~.~~..~~.F
( ./"'~_..-
l.
Gus Lopez, CPPO
Procurement Director
BID NO: No. 27-01102
DATE: 06114/02
CI1Y OF MIAMI BEACH
3
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.ll.us
PROCUREMENT DIVISION
Telephone (3051673-7490
Facsimile (305) 673.7851
I NOTICE TO PROSPECTIVE BIDDERS I
NO BID
If not submitting a bid at this time, please detach this sheet from the bid docwnents, complete
the infonnation requested, and return to the address listed above.
NO BID SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED:
_Our company does not handle this type of product/service.
_We cannot meet the specifications nor provide an alternate equal product.
Our company is simply not interested in bidding at this time.
_Due to prior commitments, I was unable to attend pre-proposal meeting.
_OTHER (please specify)
We do _ do not _ want to be retained on your mailing list for future bids for the type or
product and/or service.
Signature:
Title:
Company:
Note: Failure to respond, either by submitting a bid or this completed form, may result in your
company being removed from the City's bid list.
BID NO: No. 27-01/02
DATE: 06114/02
COY OF MIAMI BEACH
4
CONCRETE CURBING/SIDEW ALK CONSTRUCTION, AND THE PURCHASE OF
ASPHALTIC CONCRETFlRELATED MATERIALS, AND THE STRIPING OF CITY
STREETS AND PARKING LOTS
BID # 27-01/02
1.0 GENERAL CONDITIONS
t.I SEALED BIDS:
Original copy of Bid Form as well as any other pertinent docwnents must be returned in order for
the bid to be considered for award. All bids are subject to the conditions specified hereon and on
the attached Special Conditions, Specifications and Bid Fonn.
The completed bid must be submitted in a sealed envelope clearly marlced with the Bid Title to the
City of Miami Beach Procurement Division, T floor, 1700 Convention Center Drive, Miami
Beach, Florida 33139. Facsimile bids will not be accepted.
1.2 EXECUTION OF BID:
Bid must contain a manual signature of an authorized representative in the space provided on the
Bid Fonn. Failure to properly sign bid shall invalidate same and it sha11 NOT be considered for
award. All bids must be completed in pen and ink or typewritten. No erasures are permitted. If a
com:ction is necessary, draw a single line through the entered figure and enter the corrected figure
above it Corrections must be initialed by the person signing the bid Any illegible entries, pencil
bids or com:ctions not initialed will not be tabulated. The original bid conditions and specifications
CANNOT be changed or altered in any way. Altered bids will not be considered. Clarification of
bid submitted sba1l be in letter fonn, signed by bidders and attached to the bid
1.3 NO BID:
If not submitting a bid, respond by returning the enclosed bid fonn questionnaire, and explain the
reason. Repeated failure to bid without sufficient justification sha11 be cause for removal of a
supplier's name ftom the bid mailing list.
1.4 PRICES QUOTED:
Deduct trade discounts and quote finn net prices. Give both unit price and extended total, when
requested. Prices must be stated in units of quantity specified in the bidding specifications. In case
of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices
must be F.O.B. destination, freight prepaid (unless otherwise stated in special conditions).
Discounts for prompt payment. Award, if made, will be in accordance with tenns and conditions
stated herein. Each item must be bid separately and no attempt is to be made to tie any item or
items in with any other item or items. Cash or quantity discounts offered will not be a consideration
in detennination of award ofbid(s).
BID NO: No. 27-81/02
DATE: 06114/02
crrv OFMIAMl BEACH
5
1.5 TAXES:
The City of Miami Beach is exempt from all Federal Excise and State taxes. State Sales Tax and
Use Certificate Number is 04-00097-09-23.
1.6 MISTAKES:
Bidders are expected to examine the specifications, delivery schedules, bid prices and extensions
and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk.
1.7 CONDmON AND PACKAGING:
It is understood and agreed that any item offered or shipped as a result of this bid shall be the latest
new and current model offered (most current production model at the time of this bid). All
containers shall be suitable for storage or shipment, and all prices shall include standard commercial
packaging.
1.8 UNDERWRITERS'LABORATORlES:
Unl~ otherwise stipulated in the bid, an manufactured items and fabricated assemblies shall be
U.L.listed one-examination listing where such has been established by U.L. for the item(s) offered
and furnished
1.9 BIDDER'S CONDmONS:
The City Commission reserves the right to waive irregularities ortechnicalities in bids or to reject all
bids or any part of any bid they deem necessary for the best interest of the City of Miami Beach,
FL.
1.10 EQUIVALENTS:
If bidder offers makes of equipment or brands of supplies other than those specified it the
following, he must so indicate on his bid. Specific artic1e(s) of equipment/supplies shall confonn in
quality, design and construction with all published claims of the manufucturer.
Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational
guides as to a standard of acceptable product quality level only and should not be construed as an
endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall
fonnally substantiate and verifY that product(s) offered conform with or exceed quality as listed in
the specifications.
Bidder shall indicate on the bid form the manufacturer's name and number ifbidding other than the
specified brands, and shall indicate ANY deviation from the specificatbns as listed. Other than
specified items offered requires complete descriptive technica1litemture marlced to indicate detail(s)
confonnance with specifications and MUST BE INCLUDED WITH THE BID. NO BIDS WILL
BE CONSIDERED WITHOUT TIllS DATA.
Lacking any written indication of intent to quote an alternate brand or model number, the bid will be
considered as a bid in complete compliance with the specifications as listed on the attached fonn.
BID NO: No. 17-01101
DATE: 06114101
CllY OF MIAMI BEACH
6
1.11 (NOT USED)
1.12 (NOT USED)
1.13 NON-CONFORMANCE TO CONTRACT CONDmONS:
Items may be tested for compliance with specifications. Item delivered, not confonning to
specifications, may be rejected and returned at vendor's expense. These items and items not
delivered as per delivery date in bid and/or purchase order may be purchased on the open market.
Any increase in cost may be charged against the bidder. Any violation of these stipulations may
also result in:
A) Vendor's name being removed fiom the vendor list.
B) All departments being advised not to do business with vendor.
1.14 SAMPLES:
Samples of items, when required, must be furnished free of expense and, if not destroyed, will,
upon request, be returned at the bidder's expense. Bidders will be responsible for the removal of
all samples furnished within (30) days after bid opening. All samples will be disposed of after thirty
(30) days. Each individual sample must be labeled with bidder's name. Failure of bidder to either
deliver required samples or to clearly identifY samples may be reason for rejection of the bid
Unless otherwise indicated, samples should be delivered to the Procurement Division, 1700
Convention Center Drive, Miami Beach, FL 33139.
1.15 DELIVERY:
Unless actual date of delivery is specified (or if specified delivery cannot be met), sIDW number of
days (in calendar days) required to make delivery after receipt of purchase order, in space
provided. Delivery time may become a basis for making an award. Delivery shall be within the
nonnal working hours of the user, Monday through Friday, excluding holidays.
1.16 INTERPRETATIONS:
Unless othetwise stated in the bid, any questions concerning conditions and specifications should be
submitted in writing to the Procurement Director, 1700 Convention Center Drive, Miami Beach, FL
33139. Fax (305) 673-7851.
1.17 (NOT USED)
1.18 AWARDS:
In the best interest of the City of Miami Beach, the City Commision reserves the right to reject all
bids or any portion of any bid they deem necessary for the best interest of the City; to accept any
item or group of items unless qualified by the bidder; to acquire additional quantities at prices
quoted on the Bid Form unless additional quantities are not acceptable, in which case the Bid Fonn
must be noted "BID IS FOR SPECIFIED QUANTI1Y ONLY". All awards made as a result of
this bid shall confonn to applicable Florida Statutes NOT USED)
1.19 BID OPENING:
BID NO: No. 27.e1l02
DATE: 06114/02
COY OF MIAMI BEACH
7
Bids shal1 be opened and publicly read on the date, time and place specified on the Bid Fonn. All
bids received after the date, time, and place shall be returned, unopened.
1.20 INSPECTION, ACCEPTANCE & TITLE:
Inspection and acceptance will be at destination unless otherwise provided. Title tD/or risk ofloss
or damage to all items shall be the responsibility of the successful bidder until acceptance by the
buyer unless loss or damage result from negligence by the buyer. If the materials or services
supplied to the City are found to be defective or not confonn to specifications, the City reselVes the
right to cancel the order upon written notice to the seller and return product at bidder's expense.
1.21 PAYMENT:
Payment will be made by the City after the items awarded to a vendor have been received,
inspected, and found to comply with award specifications, free of damage or defect and properly
invoiced.
1.22 DISPUTES:
In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision
of the City shal1 be final and binding on both parties.
1.23 LEGAL REQUIREMENTS:
Federal, State, county and city laws, ordinances, rules and regulations that in any manner affect the
items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief
from responstbility.
1.24 (NOT USED)
1.25 (NOT USED)
1.26 PATENTS & ROYALTIES:
The bidder, without exception, shall indemnifY and save hannless the City of Miami Beach, Rorida
and its employees from liability of any nature or kind, including cost and expenses for, or on
account of, any copyrighted, patented, orunpatented invention, process, or article manufactured or
used in the perfonnance of the contmct, including its use by The City of Miami Beach, Rorida. If
the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually
understood and agreed, without exception, that the bid prices shal1 include all royalties or cost
arising from the use of such design, device, or materials in any way involved in the worle.
1.27 OSHA:
The bidder warrants that the product supplied to the City of Miami Beach, Florida shall confonn in
all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as
amended, and the failure to comply with this condition will be considered as a breach of contract
Any fines levied because of inadequacies to comply with these requirements shall be borne solely
by the bidder responsible for same.
1.28 SPECIAL CONDITIONS:
BID NO: No. 27-01102
DATE: 06114102
CITY OF MIAMI BEACH
8
Any and all Special Conditions that may vary from these General Conditions shall have precedence.
1.29 ANTI-DISCRIMINATION:
The bidder certifies that helshe is in compliance with the non-discrimination clause contained in
Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal
employment opportunity for all persons without regard to race, color, religion, sex or national origin.
1.30 AMERICAN WITH DISABILITIES ACf:
Call (305) 673. 749ONOlCE to request material in accessible fonnat; sign language interpleteIS
(five days in advance when possible), or infonnation on access for persons with disabilities. For
more infonnation on ADA compliance please call Heidi Johnson Wright, Public Works
Department, at 305.673.7080.
1.31 QUALITY:
All materials used for the manufacture or construction of any supplies. materials or equipment
covered by this bid shall be new. The items bid must be new, th: latest model, of the best quality,
and highest grade workmanship.
1.32 PROTEST PROCEDURES:
Bidders that are not selected may protest any recommendation for Contract award in accordance
with City of Miami Beach Ordinance No. 2002-3344, which establishes procedmes forresulting
protested bids and proposed awards. Protest not timely pursuant to the requirements of
Ordinance No. 2002-3344 shall be barred.
1.33 LIABILITY, INSURANCE, LICENSES AND PERMITS:
Where bidders are required to enter or go onto City of Miami Beach property to deliver materials
or perform wode or services as a result of a bid award, the successful bidder will assume the full
duty, obligation and expense of obtaining all necessary licenses, permits and insurance and assure all
wode complies with all applicable Dade Co\U1ty and City of Miami Beach building code
requirements and the South Florida Building Code. The bidder shall be liable for any damages or
loss to the City occasioned by negligence of the bidder (or agent) or any person the bidder has
designated in the completion of the contract as a result ofhis or her bid.
1.34 (NOT USED)
1.35 DEFAULT:
Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such
award is made, may result in forfeiture of that portion of any bid surety required equal to liquidated
damages incurred by the City thereby, or where surety is not required, failure to execute a contract
as descnbed above may be gro\U1ds for removing the bidder from the bidder's list
1.36 CANCELLATION:
In the event any of the provisions of this bid are violated by the contractor, the Procurement
BID NO: No. 17..01101
DATE: 06114/01
C1TV OF M1AM1 BEACH
9
",'
Director shall give written notice to the contractor stating the deficiencies and unless deficiencies are
corrected within ten (10) days, recommendation will be made to the City Commission for
immediate cancellation. The City Commission of Miami Beach, Florida reserves the right to
tenninate any contract resulting from this invitation at any time and for any reason, upon giving thirty
(30) days prior written notice to the other party.
1.37 BILLING INSTRUCTIONS:
Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted in
DUPLICATE to the City of Miami Beach, Accounts Payable Department, 1700 Convention
Center Drive, Miami Beach, Florida 33139.
1.38 (NOT USED)
1.39 (NOT USED)
1.40 NOTE TO VENDORS DELIVERING TO THE CITY OF MIAMI BEACH:
Receiving hours are Monday through Friday, excluding holidays, from 8:30 A.M. to 5:00 P.M.
1.41 SUBSTITUTIONS:
The City of Miami Beach, Florida Wll..L NOT accept substitute shipments of any kind Bidder(s)
is expected to furnish the brand quoted in their bid once awarded. Any substitute shipments will be
returned at the bidder's expense.
1.42 FACILITIES:
The City Commission reserves the right to inspect the bidder's fucilities at any time with prior notice.
1.43 BID TABULATIONS:
Bidders desiring a copy of the bid tabulation may request same by enclosing a self-addressed
stamped envelope with the bid
1.44 (NOT USED)
1.45 (NOT USED)
1.46 CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS:
If any person contemplating submitting a Bid under this Solicitation is in doubt as to the true
meaning of the specifications or other Bid documents or any part thereof, the Bidder must submit to
the City of Miami Beach Procurement Director at least ten (10) calendar days prior to scheduled
Bid opening. a request for clarification. All such requests for clarification must be made in writing
and the person submitting the request will be responsible for its timely delivery.
Any interpretation of the Bid, ifmade, will be made only by Addendum duly issued by the City of
Miami Beach Procurement Director. The City shall issue an Infonnational Addendum if clarification
or minimal changes are required. The Ciy shall issue a Formal Addendum if substantial changes
which impact the technical submission of Bids is required. A copy of such Addendum shall be sent
BID NO: No. 27-01/01
DATE: 06114101
CfIY OF MlAMl BEACH
10
~';
by mail or facsimile to each Bidder receiving the Solicitation. In the event of conflict with the
original Contract Documents, Addendum shall govern all other Contract Documents to the extent
specified. Subsequent addendum shall govern over prior addendum only to the extent specified.
The Bidder shall be required to acknowledge receipt of the Fonnal Addendum by signing in the
space provided on the Bid Proposal Form. Failure to acknowledge Addendum shall deem its Bid
non- responsive; provided, however, that the City may waive this requirement in its best interest.
The City will not be responsible for any other explanation or interpretation made verbally or in
writing by any other city representative.
1.47 DEMONSTRATION OF COMPETENCY:
I) Pre-award inspection of the Bidder's facility may be made prior to the award of contract. Bids
will only be considered fom firms which are regularly engaged in the business of providing the
goods and/or services as described in this Bid. Bidders must be able to demonstrate a good record
of performance for a reasonable period of time, and have
sufficient financial support, equipment and organization to insure that they can satisfactorily execute
the services if awarded a contract under the tenDs and conditions herein stated. The tenDs
"equipment and organization" as used herein shall be construed to mean a fully equipped and well
established company in line with the best business practices in the industry and as determined by the
City of Miami Beach.
2) The City may consider any evidence available regarding the financial, technical and other
qualifications and abilities c:i a Bidder, including past performance (experience) with the City in
making the award in the best interest of the City.
3) The City may require Bidders to show proof that they have been designated as authorized
representatives of a manufacturer or supplier which is the actuaJ source of supply. In these
instances, the City may also require material infonnation from the source of supply regarding the
quality, packaging, and characteristics of the products to be supplies to the City through the
designated representative. Any conflicts between this material infonnation provided by the source
of supply and the infonnation contained in the Bidder's Proposal may render the Bid n0n-
responsive.
4) The City may, during the period that the Contract between the City and the successful Bidder is
in force, review the successful Bidder's record ofperfonnance to insure that the Bidder is continuing
to provide sufficient financial support, equipment and organization as prescnbed in this Solicitation.
Irrespective of tIE Bidder's performance on contracts awarded to it by the City, the City may place
said contracts on probationary status and implement termination procedures if the City determines
that the successful Bidder no longer possesses the financial support, equipm:nt and organization
which would have been necessary during the Bid evaluation period in order to comply with this
demonstration of competency section.
1.48 DETERMINATION OF AWARD
BID NO: No. 27-61102
DATE: 06114/02
COY OF MIAMI BEACH
11
The City Commission shall award the contract to the lowest and best bidder. In determining the
lowest and best bidder, in addition to price, there shall be considered the following:
a. The ability, capacity and skill of the bidder to perform the Contract.
b. Whether the bidder can perform the Contract within the time specified, without delay
or interference.
c. The character, integrity, reputation, judgement, experience and efficiency of the
bidder.
d. The quality of performance of previous contracts.
e. The previous and existing compliance by the bidder with laws and ordinances relating
to the Contract.
1.49 ASSIGNMENT:
The contractor shall not assign, transfer, convey, sublet or otherwise dispose of this contract,
including any or all of its right, title or interest therein, or his or its power to execute such contract to
any person, company or corporation without prior written consent of the City of Miami Beach.
1.50 LAWS, PERMITS AND REGULATIONS:
The bidder shall obtain and pay for all licenses, permits and inspection fees required for this project;
and shall comply with all laws, ordinances, regulations and building code requirements applicable to
the work contemplated herein.
1.51 OPTIONAL CONTRACf USAGE:
As provided in Section 287.042 (17), Florida Statutes, other State agencies may purchase from the
resulting contract, provided the DepartmeIt of Management Services, Division ofProcw'ement, has
certified its use to be cost effective and in the best interest of the State. Contractors have the option
of selling these commodities or services certified by the Division to the other State agencies at the
agencies option.
1.52 SPOT MARKET PURCHASES:
It is the intent of the City to purchase the items specifically listed in this bid from the awarded
vendor. However, items that are to be "Spot Market Purchased" may be purchased by other
methods, Le. Federal, State or local contracts.
1.53 ELIMINATION FROM CONSIDERATION:
This bid solicitation shall not be awarded to any person or firm which is in am:ar to the City upon
any dept, taxes or contracts which are defaulted as surety or otherwise upon any obligation to the
city
1.54 WAIVER OF INFORMALITIES
The City reserves the right to waive any informalities or irregularities in this bid solicitation.
1.55 ESTIMATED QUANTITIES
Estimated quaaities or estimated dollars, if provided, are for City guidance only. No guarantee is
expressed or implied as to quantities or dollars that will be used during the contract period. The
BID NO: No. 27-01102
DATE: 06114/02
crrY OF MIAMI BEAOI
12
City is not obligated to place any order for a given amount subsequent to the award of this bid
solicitation. Estimates are based upon the City's actual needs and/or usage during a previous
contract period. The City for purposes of determining the low bidder meeting specifications may
use said estimates.
1.56 COLLUSION
Bids from related parties. Where two (2) or more related parties each submit a bid or proposal
for any contract, such bids or proposals shall be presumed to be coUusive. The foregoing
presumption may be rebutted by presentation of evidence as to the extent of ownership, control and
management of such related parties in the preparation and submittal of such bids or proposals.
Related parties mean bidders or proposers or the principals thereof which have a direct or indirect
ownership interest in another bidder or proposer for the same contract or in which a parent
company or the principals thereof of one (1) bidder or proposer have a direct or indirect ownership
interest in another bidder or proposer for the same contract. Bids or proposals found to be
collusive shall be rejected.
Bidders or Proposers who have been found to have engaged in collusion may be considered non-
responsible, and may be suspended or debarred, and any contract resulting from collusive bidding
may be terminated for default
1.57 DISPUTES
In the event of a conflict between the documents, the order of priority of the documents shall be as
follows:
Any agreement resulting from the award of this Bid (if applicable); then
Addenda released for this Bid, with the latest Addendum taking precedence; then
The Bid; then
Awardee's Bid.
1.58 REASONABLE ACCOMMODATION
In accordance with the Title II of the Americans with Disabilities Act, any person requiring an
accommodation at the RFP opening because of a disability must contact Heidi Johnson Wright at
the Public Works Department at (305) 673-7080.
1.59 GRATUITIES
Proposers shall not offer any gratuities, favors, or anything of monetary value to any official,
employee, or agent of the City, for the purpose of influencing consideration of this proposal.
1.60 SIGNED BID CONSIDERED AN OFFER
The signed bid shall be considered an offer on the part of the bibber or contractor, which offer shall
be deemed accepted upon approval by the City Commission of the City of Miami Beach, Florida
and in case of default on the part of successful bidder or contractor, after such acceptance, the City
may procure the items or services from other sources and hold the bidder or contractor responsible
for any excess cost occasioned or incurred thereby. Additionally, the City may take such action.
1.61 BID CLARIFICATION:
BID NO: No. 27-01/02
DATE: 06114/02
crrY OF MIAMI BEAOI
13
Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing by mail
or facsimile to the Procurement Department, 1700 Convention Center Drive, Miami Beach, FL
33139 FAX: (305) 673- 7851. The bid titlelnmnber 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. NO QUESTIONS Wll..L BE RECEIVED VERBALLY OR AFTER SAID
DEADLINE.
1.62 TIE BIDS:
Please be advised that in accordance with Florida Statues Section 287.087, regarding identical tie
bids, preference will be given to vendors certifying that they have implemented a drug free work
place program. A certification form will be required at that time.
1.63 PUBLIC ENTITY CRIMES (pEC):
A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crimes may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair ofa
public building or public work, may not submit bids on leases of real property to public entity, may
not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a
contract with a public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of36 months
from the date of being placed on the convicted vendor list.
1.64 DETERMINATION OF RESPONSIVENESS:
Determination of responsiveness taken place at the time of bid opening and evaluation. In order to
be deemed a responsive bidder, your bid must conform in all material respects to the requirement
stated in the Bid.
1.65 DELIVERY TIME:
Vendors shall specifY on the attached Bid Form, the guaranteed delivery time (in calendar days) for
each item. It must be a firm delivery time, no ranges will be accepted, i.e.; 12-14 days.
1.66 INSURANCE AND INDEMNIFICATION:
(See Check List for applicability to this contract)
The contractor shall be responsible for his work and every part thereof, and for all materials, tools,
appliances and property of every description, used in connection with this particular project He
shall specifically and distinctly assume, and does so assume, all risks of damage or uyury to
property or persons used or employed on or in comection with the work and of all damage or
injury to any person or property wherever located, resulting from any action or operation under the
contract or in connection with the work. It is understood and agreed that at all times the contractor
is acting as an independent contractor.
BID NO: No. 27-01/02
DATE: 06114/02
crrY OF MIAMI BEAOI
14
The contractor, at all times during the full duration of work under this contract, including extra work
in connection with this project shall meet the following requirements.
Maintain Worker's Compensation and Employer's Liability Insurance to meet the statutory
requirements of the State of Florida.
Maintain Comprehensive General Liability Insurance in amounts prescribed by the City (see
checklist for limits) to protect the contractor in the interest of the City against all risks of injury to
persons (including death) or damage to property wherever located resulting from any action or
operation under the contract or in connection with the work. This policy is to provide coverage for
premises/operations, independent contractor, broad form property damage, products/completed
operations and contractua1liability.
Maintain Automobile Liability Insurance including Property Damage covering all owned,
non-owned or hired automobiles and equipment used in connection with the work.
Maintain any additional coverages required by the Risk Manager as indicated on the Insurance
Check List Name the City of Miami Beach as an additional insured on all liability policies required
by this contract. When naming the City of Miami Beach as an additional insured onto yoW' policies,
the insurance companies hereby agree and will endorse the policies to state that the City will not be
liable for the payment of any premiums or assessments. A copy of the endorsement(s) naming the
City of Miami Beach as an additional insured is required and must be submitted to the City's Risk
Manager.
No change or cancellation in insurance shall be made without thirty (30) days written notice to the
City of Miami Beach Risk Manager.
All insurance policies shall be issued by companies authorized to do business under the laws of the
State of Florida and these companies must have a rating of at least B+:V1 or better per Best's Key
Rating Guide, latest edition.
Original signed Certificates of Insurance, evidencing such coverages and endorsements as required
herein, shall be filed with and approved by the City of Miami Beach Risk Manager
before work is started.
The certificate must state Bid Number and Title. Upon expiration of the required insurance, the
contractor must submit updated certificates of insurance for as long a period as any work is still in
progress.
It is understood and agreed that all policies of insurance provided by the contractor are primary
coverage to any insurance or self- insurance the City ofMiami Beach possesses that may apply to a
loss resulting from the work performed in this contract.
All policies issued to cover the insurance requirements herein shall provide full coverage from the
BID NO: No. 27-01102
DATE: 06114/02
crrY OF MIAMI BEAOI
15
first dollar of exposure. No deduct1bles will be allowed in any policies issued on this contract unless
specific safeguards have been established to assure an adequate fund for payment of deductibles by
the insured and approved by the City's Risk Manager.
The liability insurance coverage shall extend to and include the following contractual indemnity and
hold harmless agreement:
"The contractor hereby agrees to indemnifY and hold harmless the City of Miami Beach, a municipal
corporation, its officers. agents, and employees from all claims for bodily injuries to the public in
and up to the amount of $1,000,000.00 for each occurrence and and for all damages to the
property of others in and up to the amount of $1,000,000.00 for each occurrence per the
insurance requirement under the specifications including costs of investigation, all expenses of
litigation, including reasonable attorney fees and the cost of appeals arising out of any such claims or
suits because of any and all acts of omission or commission of any by the contractor, his agents,
servants, or eI1l'loyees, or through the mere
existence of the project under contract".
The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and
suits arising out of the sole and exclusive negligence of the City of Miami Beach, its officers, agents,
and employees, as determined by a court of competent jurisdiction.
The contractor will notifY his insurance agent without delay of the existence of the Hold Harmless
Agreement contained within this contract, and furnish a copy of the Hold Harmless Agreement to
the insurance agent and carrier.
The contractor will obtain and maintain contractual liability insurance in adequate limits for the sole
purpose of protecting the City of Miami Beach under the Hold Harmless Agreement from any and
all claims arising out of this contractual operation.
The contractor will secure and maintain policies of subcontractors. All policies shall be made
available to the City upon demand. Compliance by the contractor and all subcontractors with the
forejping requirements as to canying insurance and furnishing copies of the insurance policies shall
not relieve the contractor and all subcontractors of their liabilities and obligations under any Section
or Provisions of this contract. Contractor shall be as fully responsible to the City for the acts and
omissions of the subcontractor and of persons employed by them as he is for acts and omissions of
persons directly employed by him.
Insurance coverage required in these specifications shall be in force throughout the contract term.
Should any awardee fail to provide acceptable evidence of current insurance within seven days of
receipt of written notice at any time during the contract term, the City shall have the right to consider
the contract breached and jmtifYing the termination thereof.
If bidder does not meet the insurance requirements of the specifications; alternate insurance
coverage, satisfactory to the Risk Manager, may be considered.
BID NO: No. 27-01/02
DATE: 06114/02
crrY OF M1AM1 BEAOI
16
It is understood and agreed that the inclusion of more than om insured under these policies shall not
restrict the coverage provided by these policies for one insured hereunder with respect to a liability
claim or suit by another insured hereunder or an employee of such other insured and that with
respect to claims against any insured hereunder, other insureds hereunder shall be considered
members of the public; but the provisions of this Cross Liability clause shall apply only with respect
to liability arising out of the ownership, maintenance, use, occupancy or repair of such portions of
the premises insured hereunder as are not resetved for the exclusive use of occupancy of the
insured against whom
BID NO: No. 27-01102
DATE: 06114/02
crrY OF MIAMI BEAOI
17
...
;.........;.
;.;.
;::.;.::::;::::::: ..
DATE (1IIMIDDIYY)
.......... ....
..................
.::::::t:;::::::;:::;:::;:;:;:::::::;:;:f;;::}:::
10/29/02
PRODUCER
305-591-0090
SEITLlN
2001 NW 107 AVE.. SUITE 200
MIAMI. FL 33172
COMPANIES AFFORDING COVERAGE
COMPANY
A
Amerisure Companies
INSURED
F&L Construction, Inc
8095 West 21 st Lane,Unit 23-C
Hialeah FL 33016
COMPANY
B Clarendon National Ins. CO.
COMPANY
C
COMPANY
D
TIDS IS TO CERTUY THAT THE POLICIES OF INSURANCE LISTED BELOW BA VE BEEN ISSUED TO THE INS\JRED NAMED ABOVE FOR TIIIl POLICY PERIOD
INDICATED, NOTWI'I'BSI'ANDING ANY REQlJIIlEMENI', TERM OR CONDmON OF ANY CONTRACT OR OI'IIER DOCUMENT WITII RESPECT TO wmCH THIS
CERTII'ICA TE MAY BE ISSUED OR MAY PERTAIN, THE INStlRANCE AFRlRDED BY THE POLICIES DESCRIBED HEREIN IS SVIIJECT TO AlL TIIIl TERMS,
EXCLllSIONS AND CONDrnONS OF SUOI POLICIES. LIMITS SHOWN MAY BA VE BEEN REDUCED BY PAID CLAIMS.
co
LTIl
TYPE OF INSURANCE
POLICY NUMIlEIl.
POLICYEFF.
DATE (MMJDDIYY)
POLICY EXP.
DATE (MMIDDJYY)
LIMITS
A
GENERAL LIABILITY
COMM. GENEIlAL LIABILITY
CLAIl\IS MADE 00ccva
OWNEll'S a CONTRACT'S PIlOT
GL1295031040
2/21/02
2/21/03
GENIlIlAL AGGIIEGATE
PR(lD.COMPIOP AGG.
PEII5. a ADV. INIURY
EACH 0CCIJRIIIlNCE
nIlE DAMAGE(Oae fin)
MEDEXI'(ADy_ ...-
COMBINIlD SINGLE
LIMIT
A
CA1295030030
2/21/02
2/21/03
1000000
BODILY INIURY
(Pw ...-
BODILY INIURY
(Pw_
PROI'ERTV DAMAGE
Al1fOONLY-EAACCIDENT
OTIIER THAN AurO ONLy,
EACH ACCIDENT
AGGIIEGATE
:!lJm~;~t{1tililtJltmm*
EACH 0CCVIlllENCE
AGGREGATE
770-018151
3/01/03
STATUTORY LIMITS
EACBACCDlENT
DISEASE.POLlCY LIMIT
DISEASE-EACB EMPL.
Mmtt~litJtMlflf :~:~:~
B
3/01/02
500000
500000
5 000
THE PROPRIETORJ
PAltTNEllSlEXECtJTIVE
omCERS AltEz
INCL
X EXCL
OI'IIER
IlESCIUPTION OF OPERATlONSILOCATlONSIVEIIICLESISI'IlCIAL ITEMS
RE: BID # 27-01/02 - CONCRETE CURBING/SIDEWALK CONSTRUCTION
CITY OF MIAMI BEACH IS ADDITIONAL INSURED WITH RESPECT TO GENERAL
LIABILITY .
CITY OF MIAMI BEACH
CITY HALL
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FL 33139
SHOULD ANY OF TIlE ABOVE DESCRIBED POLICIES BE CANCEU.ED BEFORE TIIIl
EXPIRATION DATE THEREOF, TIlE ISSVING COMPANY WILL ENDEA VOIl TO
MAIL 30 DAYS WJU1TEN NOTICE TO TIlE CERTIFICATE BOLDER NAMED TO TIlE
LEFT, Bur FAILURE TO MAIL SIJCB NOTICE SHALL IMl'OSE NO OBLIGATION OR
LIABILITY OF ANY KJND UPON TIlE COMPANY. ITS AGENTS OR IlE1'RESENTATIVES.
AI1I'IIORIZED IlE1'RESENT ATIVE
:~m~~t~i~ltilii~~~@ilNi~~~M)rl@j;tjlii~@i~~rm~m@~if"::'~...:.::::........;::...;::;
INSURANCE CHECK LIST
xxx 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of
Florida.
xxx 2. Comprehensive General Liability (occurrence form), limits of liability $ 1.000.000.00 per
occurrence for bodily injury property damage to include Premises! Operations; Products,
Completed Operations and Contractual Liability. Contractual Liability and Contractual
Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of
specifications).
xxx 3. Automobile Liability - $1,000,000 each occurrence - owned/non-ownedlhired automobiles
included.
_4.
Excess Liability - $
.00 per occurrence to follow the primary coverages.
xxx 5. The City must be named as additionally insured on the liability policies; and it must be stated
on the certificate.
_ 6. Other Insurance as indicated:
_ Builders Risk completed value
_ Liquor Liability
_ Fire Legal Liability
_ Protection and Indemnity
_ Employee Dishonesty Bond
_ Other
$
$
$
$
$
$
.00
.00
.00
.00
.00
.00
xxx 7. Thirty (30) days written cancellation notice required.
xxx 8. Best's guide rating B+: VI or better, latest edition.
xxx 9. The certificate must state the bid number and title
BIDDER AND INSURANCE AGENT STATEMENT:
We understand the Insurance Requirements of these specifications and that evidence of this insurance may
be required within five (5) days after bid opening.
Bidder
BID NO: No. 27-01/02
DATE: 06114/02
crrY OF MIAMI BEAOI
18
CONCRETE CURBING/SIDEWALK CONSTRUCTION, AND THE PURCHASE OF
ASPHALTIC CONCRETE/RELATED MATERIALS, AND THE STRIPING OF CITY
STREETS AND PARKING LOTS
BID # 27-01/02
2.0 SPECIAL CONDmONS
2.1 PURPOSE:
The purpose of this bid is to establish a contract, by means of sealed bids from a qualified
contractor(s), for CONCRETE CURBING/SIDEWALK CONSTRUCTION, THE
PURCHASE OF ASPHALTIC CONCRETElRELATED MATERIALS, AND THE
STRIPING OF CITY STREETS AND PARKING LOTS.
2.2 TERM OF CONTRACf:
This contract shall commence the day afterdate of award by the City Commission, unless alawise
stipulated in the Notice of Award Letter which is distributed by the Procurement Director. The
contract shall remain in effect for a period of one (1) year.
2.2.l Providing the successful bidder will agree to maintain the same terms and conditions of the current
contract, this contract could be extended for an additional two (2) years, on a year to year basis, if
mutually agreed upon by both parties.
2.2.2 Orders will be placed to vendors on an as-needed basis to meet City usage requirements.
2.3 PAYMENT:
Full payment will be made upon completion of each assigned Task Order.
Invoices will be subject to verification and approval by the Parlcing, or Public Worl<s Director, or
their designated representative(s).
2.4 METHOD OF AWARD:
The City reserves the right to make multiple awards for the three (3) different Groups of Work, ifit
is in the best interest of the City. If a multiple award is given, request for Task Order assignments
will be made on the basis of the unit prices submitted and the availability of the bidders work unit to
the schedule set by the City of Miami Beach.
2.5 ADDmONSlDELETIONS OF FACILITIES: N/A
2.6 PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACf:
If the bidder is awarded a contract under this bid solicitation, the prices quoted by the bidder on the
Bid form shall remain fixed and firm during the term of this contract; provided, however, that the
bidder may offer incentive discounts from this fixed price to the City at any time during the
contractual term.
BID NO: No. 27-01/02
DATE: 06114/02
COY OF MIAMI BEAOI
19
2.7 PRE-BID CONFERENCE/SITE INSPECTION:
A Pre-Bid Conference will be held at 10:30 a.m on the 11th of July 2002 at the City of Miami
Beach City Hall, Fourth Floor Mayor's Conference room located at 1700 Convention Center
Drive, Miami Beach Florida 33139.
2.8 (NOT USED)
2.9 VENDOR APPLICATION
The City has contracted with DemandStar by Onv;a 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 fmd out how you can receive automatic bid
notifications or to obtain a copy of this Bid, go to www.demandstar.com or call toU-free 1-
800-711-1712, and request Document #273. Subscribing to DemandStar by Onv;a's bid
notification system is not a requirement. You will still be able to find bid information and download
documents through the City's website (http://ci.miami-beach.fl.us.FromtheCity'sbomepage,click
on Procurement and follow the instructions. You will be charged an administrative fee of$5.oo by
DemandStar to download this document.
2.10 CONTACf PERSON:
For any additional information regarding the specifications and requirement of this bid, contact
Kenneth Patterson @ (305) 673-7000 ext. 6615 or facsimile (305) 673-7851 and email:
kenpatterson@ci.miami-beach.fl.us.
2.11 SAMPLES:
The bidder shall provide upon request, a complete and accurate sample of the product, which they
propose to furnish.
2.12 BID, PERFORMANCE, AND BUDGET
A Bid Bond will not be required, however the successful bidder will be required to furnish
Performance and Payment Bonds, each in the amount of one hundred thousand ($100,00.00)
dollars.
2.13 LIQUIDATED DAMAGES:
As Task Orders are identified substantial completion times will be mutually agreed upon between
the successful contractor and the City. Liquidated damages of $25.00 per day will be deducted
from the contract sum for each calendar day elapsing beyond the specified time for completion for
each Task Order.
2.14 DISCOUNTS (From pubHshed price lists): N/A
2.15 ESTIMATED QUANTITIES:
Quantities stated are for bidders' guidance only and no guarantee is given or implied as to quantities
that will be used during the contract period. Estimated quantities are based upon previous needs and
estimated usage for a one (I) year period. Said estimated quantities may be used by the City for the
purpose of evaluating the low bidder meeting specifications.
BID NO: No. 27-01/02 crrY OF MIAMI BEAOI
DATE: 06114/02 20
2.16 HOURLY RATE: N/A
2.17 WARRANTY:
The successful bidder will be required to warranty all work performed. Warranty shall be provided
in detail, upon request.
2.18 PRODUCT/CATALOG INFORMATION:
All bidders ~ submit product information upon written notification from the Procurement Division
on the product (s) they propose to furnish if awarded this contract. Any bid received not containing
this information may be rejected for that reason.
2.19 REFERENCES:
Each bid must be accompanied by a minimum of eight (8) references, of which four (4) separate
projects, per Group (1-3) that a puspective bidder will submit a bid for, must have been for
5100,00.00 or Higher. Reference shall include the name of the company, a contact person and the
telephone number. NO BID WILL BE CONSIDERED WITHOUT THIS LIST.
2.20 COMPLETE PROJECf REQUIRED:
These specifications descnbe the various items or classes of work required, enumerating or defining
the extent of same necessary, but failure to list any items or classes under scope of the several
sections shall not relieve the contractor from furnishing, installing or performing such work where
required by any part of these specifications, or necessary to the satisfactory completion of the
project.
Worlonanship will be inspected and approved by either the Public Works, or Parking Dept
Director, or designated Representative.
2.21.1 FACILITY LOCATION: N/A
2.22 BIDDER QUALIFICATIONS:
In order for bids to be considered, bidders must submit with their bid, evidence that they are
qualified to satisfactorily perform the specified work. Evidence shall include all inforlllab:>n
necessary to certifY that the bidder: maintains a permanent place of business; has technical
knowledge and practical experience in the type of work specified in the Scope of Work; has
available the organization and qualified manpower to do the work; has adequate financial status to
meet the financial obligations incident to the work; has not had just or proper claims pending
against him or his work; and has provided the Work materials and services as described in these
bid specifications. The evidence will consist oflisting of work that has been provided to public and
private sector clients, i.e. nature of WORK within at a minimum, the last three (3) years.
2.23 LATE BIDS:
At time, date, and place above, bids will be publicly opened. Any bids or proposals received after
time and date specified will be returned to the bidder unopened. The responsibility for submitting a
bid/proposal before the stated time and date is solely and strictly the responsibility of the
BID NO: No. 27-01102
DATE: 06114/02
crrY OF MIAMI BEAOI
21
bidder/proposer. The City is not responsible for delays caused by mail, courier service, including
U.S. Mail, or any other occurrence.
2.24 EXCEPTIONS TO SPECIFICATIONS:
Exceptions to the specifications shall be listed on the Bid Form and shall reference the section. Any
exceptions to the General or Special Conditions shall be cause for the bid to be considered non-
responsive.
2.25 COMPLETE INFORMATION REQUIRED ON BID FORM:
All bids must be submitted on the attached Bid Form and all blanks filled in. To be considered a
valid bid, the ORIGINAL AND ONE COPY of the Bid Form pages and all required submittal
information must be returned, properly completed, in a sealed envelope as outlined in the first
paragraph of General Conditions.
2.26 MAINTENANCE AGREEMENT: N/A
2.27 EQUAL PRODUCf:
Manufacturer"s name, brand name and model number are used in these specifications for the
purpose of establishing minimum requirement of level of quality, standards of performance and
design required and is in no way intended to prohibit the bidding of other manufactm:r"s items of
equal material, unless otherwise indicated. Equal (substitution) may be bid, provided product so
bid is found to be equal in quality, standards of performance, design, etc. to item specified, unless
otherwise indicated. Where equal is proposed, bid must be accompanied by complete
factory information sheets (specifications, brochures, etc.) and test results of unit bid as
equaL
BID NO: No. 27-01102
DATE: 06114/02
crrY OF MIAMI BEAOI
22
CONCRETE CURBING/SIDEW ALK CONSTRUCTION, AND THE PURCHASE OF
ASPHALTIC CONCRETFJRELATED MATERIALS, AND THE STRIPING OF CITY
STREETS AND PARKING LOTS
BID # 27-01/02
3.0 MINIMUM SPECIFICATIONS
Group I-CONCRETE CURBING/SIDEW ALK CONSTUCTION
The applicable portions of the Dade CoWlty Public W orl<s Manual and the Standard Specifications
for Road and Bridge Construction of the Florida Department ofTransportation, Edition of 1991,
and its supplements, as amended, are a part of this Contract and shall be further supplemented and
amended by the General Specifications and Special Provisions contained herein.
Wheelchair. curb ramps shall be constructed to be in full compliance with all Americans with
Disabilities Act Accessibility Guidelines standards and Florida Accessibility Code standards, as well
as any other required and relevant standards.
3.1 SCOPE OF WORK
A. TECHNICAL SPECIFICATION
The Contractor shall provide all supervision, labor, materials (including forming) and equipment
required to complete the work, at a site or sites designated by the City.
01. Items lA-4A: Removal and replacement of existing curb and gutter and or sidewalks.
These items include removal of existing concrete and disposal of materials to legal sites
provided by the Contractor.
02. Concrete Sidewalk (4" thick).
03. Concrete Sidewalk or Driveway (6" thick): with WWF 6" x 6"x 10 lOG.
04. Construction of pedestrian ramps shall be in accordance with the City of Miami Beach
Detail, Pedestrian Ramps in Public Right-of- Way. Item 5B shall include the cost of
removal of existing sidewalk and the preparation of the base as described herein.
OS. Item Number lC EXTRA STRENGTH CONCRETE (4,000 p.s.i.)
All concrete items shall be constructed using Class I concrete having a minimum 28 day
compressive strength of3,000 psi, unless 4,000 psi concrete is specified in Work Order.
Item No. lC, EXTRA STRENGTH CONCRETE (4,000 psi), has been established to
compensate the Contractor for the difference in cost of utilizing this higher strength
concrete.
BID NO: No. 27-01102
DATE: 06114/02
crrY OF MIAMI BEAOI
23
When 4,000 psi concrete is specified, the Contractor shall be paid the Contract unit
price bid for sidewalk or curb and gutter, as appropriate, and shall also be paid the
contract unit price bid for 4,000 psi concrete. The quantity to be paid for shall be the
actual volume, in cubic yards, of 4,000 psi concrete in place and accepted.
06. COLORED CONCRETE SIDEWALKS AND RAMPS:
All concrete used in the replacement or constnJction of sidewalks and pedestrian ramps
shall be of Color Concrete mix as specified below unless directed otherwise by the Street
Superintendent or City Engineer. Where quantities of concrete to be used in one pour is
equal to or more than 3.0 (three) cu. yds., an integral colored concrete mix shall be used.
The dust-on/dry-shake coloring shall be allowed only when the total concrete quantity in
one work order is less than 3.0 cu. yds. or if directed by the City Engineer or his
representative:
Integral Color Concrete Mix Desim: Design mix to provide normal weight, regular or air-
entrained pump mix concrete with a minimum of 470 Ibs. of portland cement to achieve
3000 psi or more 28 day compressive strength. Mix one unit ofLambco Color pigment in
"Miami Beach Red" color, packaged in one yard increments in dispersible "Clean Color"
packaging as manufactured by Lambert Corporation; Orlando, FL. 800-432-4746 or L.
M. Scofield Co., Sunrise, FL. 800-800-9900.
Dust-onJDrv- Shake Color Hardened Finish: Apply a mixture of5 pounds of oxide or iron
in "Miami Beach Red" color, I bag of grey cement, and 1 bag (12 shovels) of clear mason
sand at a rate of35Ibs.l100 sq. ft.
07. Restoration and dressing of all replaced surface shall be accomplished by removal of all
forms of broken concrete, rock and other debris and backfilling all abutting areas to the
new concrete with proper soil and sod.
08. All areas of removal are to be dore in a careful manner so as not to cause damage to
abutting concrete surface. Saw cutting may be needed to prevent additional damage.
Contractor has to protect monuments, survey pipes metal castings. etc. encountered in the
replacement or new work area, and shall make any necessaI)' adjustments of these items so
as to conform to the finish grade ofhis work. Contractor shall be
responsible for restoring sidewalk anchors, flags, etc., which may be encountered, such as
hurricane shutter fasteners in commercial areas.
Contractor shall be responsible for protecting, in a satisfactory manner to the Street
Superintendent, any roof drainage pipe encountered in the area of removal and
replacement
Cold joint or a solid plate will be required every 40 L.F. to 60 L.F. of the work. Expansion
material may be called for as directed by the Engineer, to be placed at abutting Special
Conditions. All areas removed by the Contractor are to be replaced and stored within two
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days of removal and shall be properly barricaded by the Contractor in the interim time.
09. Item No. 1D - Pavement Restoration Abutting Restored Areas
Asphalt will be saw cut as directed by the Street Superintendent or authorized
representative. All cuts will be parallel to the curb line. Areas void oflimerock will be filled
with limerock and compacted to required density as directed by the Superintendent. A
minimum 1" hot mix asphalt (8-3 asphalt) to be used to complete restoration and will be
compacted by use of roller or vibratory plate. Finished surface to be free of ridges or
valleys and imperfections that may cause the surface to hold water or create a tripping
hazard. All work is to be inspected and accepted by the Street Superintendent or his
representative prior to payment
Upon receipt of a Work Order, the Contractor shall commence work upon the site(s)
within seven (7) calendar days, and continue such work in an expeditious manner to a
conclusion acceptable to the Engineer.
Upon receipt of a Work Order, the Contractor shall commence work upon the site(s)
within seven (7) calendar days, and continue such work in an expeditious manner to a
conclusion acceptable to the Engineer.
B. RESTORATION OF PROPERTY
All real property on public or private property, which is damaged due to construction or removed
for the convenience of the work, shall be repaired or replaced by the Contractor or at the
Contractor's expense in a manner acceptable to the Streets Superintendent, prior to the final
acceptance of the work.
c UTILITIES
It will be the Contractor's responsibility to exercise all caution in the vicinity of any utility. The City
will not be liable for any delay or added expense the Contractor experiences due to the actions of
others, nor shall the City be held responsible for any damages which may be incurred due to the
actions of the Contractor or his representatives. The Contractor shall call for underground utilities
locations - City and Private
D. COMPENSATION
All compensation for services called for in this Contract shall be computed from quantities based
upon the actual work performed and the contract unit price bid by the Contractor, as shown on the
Bid Form submitted by him. Such compensation shall be complete payment for all phases of the
operation. No additional payment shall be made for any reason whatsoever.
The quantities of all work performed within the same general area authorized under a single Work
Order shall be accumulative in determining the unit price paid for the work performed.
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CONCRETE CURBING/SIDEW ALK CONSlRUCfION, AND THE PURCHASE OF
ASPHALTIC CONCRETElRELATED MATERIALS, AND THE STRIPING OF CITY
STREETS AND PARKING LOTS
BID # 27-01/02
3.2 CONTROL OF THE WORK
A. Inspecton - Inspectors employed by the City shall be authorized to inspect all work done and
materials furnished. Such inspection may extend to all or any part of the Work and to the
preparation or manufacture of the materials to be used. An inspector may be stationed on the
Work to report to the engineer as to the progress of the Work and the manner in which it is
being performed; also to report whenever it appears that the materials furnished and work
performed by the Contractor fail to fulfill the requirements of the Specifications and Contract,
and to call to the attention of the Contractor any such failure or other infringements. Such
inspection, however, shall not relieve the Contractor from any obligation to perform all the
Work strictly in accordance with the requirements of the Specifications. In case of any dispute
arising between the Contractor and the Inspector as to material furnished or the manner of
performing the Work, the Inspector shall have the authority to reject materials or suspend the
Work until the question at issue can be referred to and decided by the engineer. The Inspector
shall perform such other duties as are assigned to him. He shall not be authorized to revoke,
alter, enlarge, relax, or release any requirements of these Specifications, not to approve or
accept any portion of work, nor to issue instructions contrary to the Plans and Specifications.
The Inspector shall in no case act as Foreman or perform other duties for the Contractor, nor
interfere with the management of the Work by the latter. Any advice which the Inspector may
give the Contractor shall in no way be construed as binding the engineer in any way, nor
releasing the Contractor from fulfillment of the terms of the Contract Ordinarily one Inspector
will be employed by the City for each section of the Work under Contract; but if, on accoWlt of
any apparent disregard of these Specifications, additional Inspectors shall be required, they will
be employed by the City at the rate of $150.00 per diem each, and the cost of same charged to
the Contractor and deducted from the final payment.
B. Inspection - The Contractor shall furnish the Engineer with every reasonable facility for
ascertaining whether or not the work performed and materials used are in accordance with the
requirements and intent of the Specifications and Contract.
If the engineer requests it, the Contractor shall at any time before final acceptance of the Work
remove or uncover such portions of the finished Work as may be directed.
After examination the Contractor shall restore said portions of the Work to the standard
required by the Specifications.
Should the Work thus exposed or examined prove acceptable, the uncovering or removing, and
the replacing of the covering or making good of the parts removed, shall be paid for as "Extra
Work," but should the work so exposed or examined prove unacceptable, the Wlcovering or
BID NO: No. 27-01/02
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removing and the replacing of the covering or making good of the parts removed, shall be at the
Contractors expense. No work shall be done nor materials used without suitable supervision or
inspection by the Engineer or his representative. Failure to reject any defective work or material
shall not in any way prevent later rejection when such defect be discovered, or obligate the City
to final acceptance.
C. Failure to Remove and Renew Defective Materials and Work - Should the Contractor fail
or refuse to remove and renew any defective materials used or work performed, or to make any
necessary repairs in an acceptable manner and in accordance with the requirements of these
Specifications within the time indicated in writing, the engineer shall have the authority to cause the
unacceptable or defective materials or work to be removed and renewed, or such repairs as may
be necessary, to be made at the Contractors expense. Any expense incurred by the City in making
these removals, renewals or repairs, which the Contractor has failed or refused to make, shall be
paid for out of any monies due or which may become due the Contractor or may be charged
against the "Contract Bond" deposited; and continued failure or refusal on the part of the
Contractor to make any or all necessary repairs promptly, fully, and in an acceptable manner shall
be sufficient cause for the Board, at its option, may purchase materials, tools, and equipment and
employ labor or may contract with any other individual, firm, or corporation to perform the Work.
All costs and expenses incurred thereby shall be charged against the defaulting Contractor and the
amount thereof deducted from any monies due or which may become due him, or shall be charged
against the "Contract Bond" deposited Any work performed, as described in this paragraph, shall
not relieve the Contractor in any way from his responsibility for the work performed by him.
D. Final Inspection - Whenever the Work provided and contemplated by the Contractor shall have
been satisfactorily completed and the final cleaning up performed, the engineer shall within ten (10)
days, unless otherwise provided, make the final inspection.
3.3 CONTROL OF MATERIAL
A. Source of Supply and QuaUty of Materials - At the option of the engineer the source of supply
for each of the materials shall be approved by the engineer before the delivery is started.
Representative preliminary samples of the character and quality described shall be submitted by the
Contractor or producer for examination and tested in accordance with the methods referred to
under Samples and Tests, Paragraph B, below. Only materials conforming to the requirements of
these Specifications and approved by the Engineer shall be used in the Work. All materials
proposed to be used may be inspected or tested at any time during their preparation and use.
If, after trial, it is found that sources of supply which have been approved do not finnish a uniform
product, or if the product from any sources proves unacceptable at any time, the Contractor shall
finnish approved material from other approved sources. No material which after approval has in
any way become unfit for use shall be used in the Work.
B. Samples and Tests - For the purpose of assisting hisjudgment th: Engineermayrequire anyocall
materials to be subject to test by means of samples or otherwise as he may determine. The
Contractor shall afford such facilities as the Engineer may require for collecting and forwarding
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samples and shall not make use of or incorporate in the Work any material represented by the
samples until the tests have been made and the materials found in accordance with the requirements
of the Specifications and are acceptable. The Contractor in all cases shall furnish and deliver the
required samples without charge. Samples shall be furnished sufficiently in advance so that the
results of the required tests may be secured prior to the incorporation of the material in the Work.
The manner of collecting and testing samples, as well as all apparatus and equipment used for this
purpose, shall conform to the A.S.T.M. Current Standards or Tentative Standards, as the case may
be, insofar as these are applicable-unless specifically stated otherwise.
C. Storage of Materials - Materials shall be stored so as to insure their preservation and quality and
fitness forthe work, and shall be so located as to facilitate prompt inspection. Materials improperly
stored may be rejected without testing.
D. Defective Materials - All materials not conforming to the requirements of these Specifications
shall be considered as defective and all such materials, whether in place or not, shall be rejected
and shall be removed immediately from the site of the Work, unless otherwise permitted by the
Engineer. No rejected material, the defects of which have been subsequently corrected, shall be
used until approval has been given. Upon failure on the part of the Contractor to comply with any
order of the Engineer made under the provisions of this article, the Engineer shall have authority to
remove and replace defective material and to deduct the cost of removal and replacement from any
monies due or to become due the Contractor.
3.4 LEGAL RELATIONS AND RESPONSIBILTY TO THE PUBLIC
A. Permits, Licenses, Occupational Licenses - The Contractor shall procure all permits and
licenses as required, however, there will be no charge for the construction permits issued by the
City of Miami Beach. The Contractor shall also give all notices necessary and incident to the due
and lawful prosecution of the Work.
B. Right of Way - In cases where the Work is done on private property the City guarantees the
Contractor the right-of-way for the construction of the Work, but the Contractor must take all
precautions not to inconvenience the tenant or property owner any more than necessary. The right
is reserved to omit any sections of the Work which depend upon a right-of-way grant in case such
right-of-way is denied the City.
The Contractor shall have no claims for damage due to delay by the City in furnishing necessaIY
right-of- way, but should any such delay occur the Contractor shall be entitled to such extension of
time for the completion ofhis Contract as may be determined by the City to be reasonable.
In case of damage to be work on account of work so done, the Engineer may direct the
Contractor to make the necessary repairs, and payment for such repairs will be made as provided
under "Extra Work." Should the Contractor refuse or neglect to make the said repairs within the
time specified, the Engineer shall have the authority to cause such repairs to be made, in which case
the Contractor shall not be relieved in any way from his responsIbility for the work performed by
him.
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DATE: 06114/02
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C. Restoration of Surfaces Opened by Permit - Any individual, finn, or corporation wishing to
make an opening in the street must secure a permit from, and will be required to deposit security
with, the Engineer, in a suitable amount to cover the cost of making the necessary repairs, and the
Contractor shall not allow any person or persons to make an opening unless a duly authorized
permit from the City is presented.
The right is reserved to lay in the street or to repair any sewer, drain, conduit, main, or service pipe
or their accessories at any time before the completion of the Work. The Contractor is to exercise
such supervision thereof as will protect him against defects in the finished Work.
In case of damage to the work on account of work so done, the Engineer may direct the
Contractor to make the necessary repairs, and payment for such repairs will be made as provided
under "Extra Work." Should the Contractor refuse or neglect to make the said repairs within the
time specified, the Engineer shall have the authority to cause such repairs to be made. in which case
the Contractor shall not be relieved in any way from his responsibility for the work performed by
him.
D. Sanitary Provisions - The Contractor shall provide and maintain at his own expense, in a sanitary
condition, such accommodations for tre use ofhis employees as is necessary to comply with the
requirements and regulations of State and County Boards of Health. He shall commit no public
nuisance.
E. Public Convenience and Safety - The Contractor shall conduct the Work so as to insure the
least obstruction to traffic practicable, and shall provide for the convenience of the general public
and of residents along and adjacent to the Work in a manner satisfactory to the Engineer. Materials
and equipment stored upon the Work shall be placed so as to cause as little obstruction to the
public as possible and shall be lighted and barricaded as hereinafter provided.
F. Closing Streets - Streets shall not be closed except when and where directed by the Engineer,
and whenever the street is not closed the Work must be so conducted that there shall at all times be
a safe passageway for traffic.
Whenever it is necessary to divert traffic from any part of the Work the Contractor shall provide
and maintain a passable driveway as directed by the Engineer.
Suitable barricades, dangerwamings, detour signs, etc., as hereinafterprovided, shall be IJ'IlIinmined
by the Contractor in all cases and the Engineers office and the Fire Department shall immediately be
notified by telephone or otherwise upon the closing and/or opening of each street or section thereof.
G. Barricades, Warnings, and Detour Signs - The Contractor shall provide, erect, and maintain, at
his own expense, barricades, danger warnings, and detour signs whenever they may be necessary.
He shall place sufficient lights on and/or near the Work and keep them burning from twilight to
sunrise; shall erect suitable barricades, railings, fences, and/or other protection about the Work;
provide all watchmen by day or night and take all other precautions that may be nece$""')'; shall
BID NO: No. 27-01102
DATE: 06114/02
crrY OF MIAMI BEAOI
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maintain proper guards and lights for the prevention of accidents upon materials, supplies, and
equipment, and take all other precautions that may be necessary for the proper protection of the
Work and public convenience and safety.
Streets closed to traffic shall be protected by effective barricades on which shall be placed
acceptable warning signs. The Contractor shall provide and maintain acceptable warning and
detour signs at all closures, intersections, and along the detour routes, directing the 1raftic around the
closed portion or portions of the Work, so that the temporary detour route or routes shall be
indicated clearly throughout its or their entire length.
H. Fire Hydrants, Gutters, Etc. - Fire hydrants on or adjacent to the Work shall be kept accessible
to the fire apparatus at all times and no material or obstructions shall be placed within ten (10) feet
of any such hydrant. Adjacent premises must be given access as far as practicable, and obstruction
of sewer inlets, gutters, and ditches will not be permitted.
I. Use of Explosives - Unless otherwise expressly stipulated herein, the use of explosives is not
contemplated in the prosecution of this Contract, and in no case will their use be permitted without
the written permission of the City Engineer and a permit issued by the Chief of the Fire Department
Where such permission for the use of explosives is obtained the Contractor shall use the utmost
care so as not to endanger life or property, and whenever directed the number and size of the
charges shall be reduced. All explosives shall be stored in a secure manner, and all such storage
places shall be 1lIlUked clearly, "DANGEROUS EXPLOSIVES," and shall be in the care of
competent watchmen.
J. Preservation of Property - The Contractor shall preserve from danger all property along the line
of Work, the removal or destruction of which is not called for by the Plans. This applies to public
utilities, trees, lawns, buildings, fences, bridges, pavements, and other stIUctII'eS. monmnents, pipe,
underground structures, etc., and wherever such property is damaged due to the activities of the
Contractor it shall be immediately restored to its original condition by the Contractor and at his own
expense.
The Contractor shall give due notice to any department or public service corporation controlling
manholes, valve jackets. meter boxes, street monuments. etc., prior to adjusting them to grade, and
shall be held strictly liable to the City if any such appliances are covered up duing the construction
of the Work.
In such case of failure on the part of the Contractor to restore any such property, or make good
any damage or injwy thereto, the Engineer may, upon forty-eight hours' notice, proceed to repair,
rebuild, or otherwise restore such property as may be deemed necessary and the cost thereof will
be deducted from any monies due or which may become due the Contractor under this Contract.
Nothing in this clause shall prevent the Contractor from receiving proper compensation for the
removal or replacement of any public or private property when same is made necessary by
alteration of grade or alignment, and such work is authorized by the Engineer, provided that such
property has not been damaged through fault of the Contractor, his employees, or agents.
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DATE: 06114102
crrY OF MIAM1 BEAOI
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K. Responsibility for Damage, Etc. - The Contractor shall indemnifY and save harmless the City,
the Board, and all of its officers, agents. and employees from all suits, actions, or claims of any
character, name, and description brought for, or on account of, any injuries or damages received or
sustained by any person, persons, or property by or from the said Contractor, or by, or in
consequence of, any neglect in safeguarding the Wode, orthrough the use of unacceptable materials
in the construction of the improvement, or by, or on account of any act of omission, neglect, or
misconduct of the said Contractor, or by, or on account of, any claims or amounts recovered for
any infringement of patent, trademark, or copyright, or from any claims or amounts arising or
recovered under the "Workmen's Compensation Law" or any other laws, by-laws, ordinance,
order or decree, and so much of the money due the said Contractor under and by virtue of his
Contract as shall be considered necessary by the Engineer may be retained for the use of the City,
or in case no money is due, his surety shall be held until such suit or suits, action or actions, claim or
claims, for injuries or damages, as aforesaid, shall have been settled and suitable evidence to that
effect furnished to the Engineer.
The Contractor guarantees the payment of all just claims for materials, supplies, tools, labor, and
other just claims against him or any subcontractor in connection with this Contract and his bonds
will not be released by final acceptance and payment by the City unless all such claims are paid or
released.
L. Contractor Responsibility for Work - Until acceptance of the Work by the Board it shall be
under the charge and care of the Contractor and he shall take every necessary precaution against
injury or damage to any part thereof by the action of the elements or from any other cause
whatsoever arising from the execution or from the non execution of the Worlc. The Contractor shall
rebuild, repair, restore, and make good, at his own expense, all injuries or damages to any portion
of the Work occasioned by any of the above causes before its
completion and acceptance except such ordinary wear and tear as may be due to use on sections
opened for service, as hereinafter provided.
M. Opening of Section of Work for Service. Whenever, in the opinion of the Engineer, any portion
of the Work is in acceptable condition for use it shall be opened for service as may be directed and
such opening shall not be held to be in any way an acceptance of the work or any part of it or as a
waiver of any provisions of these Specifications and Contract. Necessary repairs or renewals
made on any section of the Work due to its being opened for use under instructions from the
Engineer, to defective materials or wode, or to natural causes other than ordinary wear and tear,
pending completion and acceptance of the Wode, shall be performed at the expense of the
Contractor.
N. No Waiver of Legal Rights - The City reserves the right, should an error be discovered in the
partial or final estimates, or should conclusive proofs of defective work or materials used by or on
the part of the Contractor be discovered after the final payment has been made, to claim and
recover by process of law such sums as may be sufficient to correct the error or make good the
defects in the work and materials.
BID NO: No. 27-01/02
DATE: 06114/02
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O. Liabilities and Duties of Contractor Not Limited - The mention of any specific duty or liability
upon the Contractor in any part of the Specifications shall not be construed as a limitation or
restriction upon general liability or duty imposed upon the Contractor by the Specifications, said
reference to any specific duty or liability being for purposes of explanation only. No waiver of any
breach of the Contract shall constitute a waiver of any subsequent breach of any part thereof, nor of
the Contract.
3.5 PROSECUTON AND PROGRESS
A. Subletting or Assigning Contracts - The Contractorwill not be permitted to sublet, assign, sen.
transfer, or otherwise dispose ofth:: Contract or any portion thereof, or ofhis right, title, or interest
therein to any individual, firm, or corporation without the written consent of the Board. In case such
approval is given the Contractor must file with the Engineer copies of all sub-Contracts. No
sub-Contracts or transfer of Contract shall in any case release the Contractor ofhis liability under
this Contract and Bond.
B. Progress of Work - It is understood and agreed that the Contractor shall commence work not
later than the time imit for beginning as set forth in the attached Proposal, and shall provide an
adequate force of labor and equipment to prosecute the Work at as many different points as may
be deemed necessary by the Engineer so as to insure the completion of the same within th:: time
limit for completion as set forth in the attached Proposal or Contract, except that where the
Contractor has more than one uncompleted Contract with the City, he is not to commence another
Contract nor place materials on the streets thereof without the consent of the Engineer.
B. Limitations of Operations - The work is to be confined, at anyone time, to five squares, not to
exceed 1,500 feet in length; and while the work is actually going on, as much as half this length may
be barricaded to entirely exclude traffic, but not over half; nor will two consecutive street
intersections be allowed to be entirely closed to exclude traffic except by
written consent of the Engineer. Street traffic is not to be needlessly obstructed but no street is to
be opened to traffic until the Engineer gives his consent The Contractor may erect or maintain
along the lines of his work such tool boxes, sheds, storehouses, or other buildings as may be
necessary, provided such structures do not interfere with the reasonable use of the streets or
sidewalks. The size, location, and construction of these must be subject to the approval of the
Engineer.
The Contractor hereby agrees to arrange his work and dispose his materials so as not to interfere
with the operations of other contractors engaged upon adjacent work and to join his work to that of
others in a proper manner in accordance with the spirit of the Plans and Specifications, and to
perform his work in the proper sequence in relation to that of other Contractors, all as may be
directed by the Engineer.
Each Contractor shall be held respoIlSlble for any damage done by him or his agents to the work
performed by another Contractor. Each Contractor shall so conduct his operations and maintain
BID NO: No. 27-01/02
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the Work in such condition that adequate drainage shall be in effect at all times.
D. Character of Workmen and Equipment - The Contractor shall employ such superintendents,
foremen, and workmen as are careful and competent. Whenever the Engineer shall determine that
any person employed by the Contractor is, in his opinion, incompetent, unfaithful, disorderly, or
insubordinate such person shall, upon notice, be discharged from the Work and shall not again be
employed on it except with written consent of the Engineer.
All workmen must have sufficient skill and experience to properly perform the work assigned them.
All workmen engaged on special work or skilled work, or in any trade, shall have had sufficient
experience in such work to properly and satisfactorily perform it and to operate the equipment
involved, and shall make due and proper effort to execute the Work in the manner prescnbed in
these Specifications. Otherwise the Engineer may take action as above prescribed.
Should the Contractor fail to remove such person or persons, or fail to finnish suitable or sufficient
machinery, equipment, or force for the proper prosecution of the Work, the Engineer may withhold
all estimates which are or may become due, or may suspend the Work until such orders are
complied with. The equipment used on any portion of the Work shall be such that no injury to the
roadway, adjacent property, or other highways will result from its use; and no item of machinery or
equipment, after once being place on the Work, shall be Jell10ved without the consent of the
Engineer.
E. Temporary Suspension of Work - The City or Engineer shall have the authority to suspend the
Work wholly or in part for such period or periods as may be deemed necessary due to unsuitable
weather or such other conditions as are considered unfavorable for the suitable prosecution of the
Work, or for such time as is necessary due to the failure on the part of the Contractor to carry out
orders given or perform any or all provisions of the Contract. If it should become necessary to stop
work for an indefinite period, the Contractor shall store all materials in such manner that they will
not obstruct or impede the traveling public unnecessarily, nor become damaged in any way, and he
shall take every reasonable precaltion to prevent damage or deterioration of the work performed;
provide suitable drainage of the roadway by opening ditches, shoulder drains, etc., and erect
temporary stmctures where directed. The Contractor shall not suspend the Work and shall not
remove any equipment, tools, lumber, or other materials without the written permission of the
Engineer.
No allowance of any kind will be made for such suspension ofwork except an equivalent extension
of time for completion of the Contract.
F. Computation of Contract Time for Completion of the Work - Contractor shall perfonn fully,
entirely, and in accordance with these Specifications the Work contracted forwithin specified time
stated in the attached Proposal. In adjusting the contract time for the completion of the Work, the
length of time expressed in days, during which the prosecution of the Work has been delayed in
consequence of any suspension of work ordered by the Engineer, or omission of the Board and not
by any fault of the Contractor, shall be added to the contract time as set forth in the attached
BID NO: No. 27-01102
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Proposal, all of which shall be determined by the Engineer, and whose determination shall be
binding and conclusive upon both parties to the Contract. If the satisfactory execution and
completion of th: Contract shall require work or material in greater value than set forth in the
Contract, then the contract time shall be increased in the same ratio as the additional value bears to
the original value contracted for. No allowance shall be made for delay or suspension of the
prosecution of the Work due to fault or negligence of the Contractor.
No claim for damages shall be made or allowed on account of delay or postponement
occasioned by the precedence of other contracts which may be either let or execlted before the
execution of the Contract, or on account of the streets or stJUctures adjacent to the Work not
being in the condition contemplated by the parties at the time of making the Contract, or on
account of delay in the removal of obstructions; but if the Contractor shall be delayed in the
performance of his work by reason of the streets or structures adjacent to the Work not being
inco~tioncontemplated,oronaccountmoo~intheremovalm~~orbyreason
of the Work or any part thereof being suspended on account of other contracts, or for any other
reason, such allowance of time will be made as the Engineer shall deem reasonable.
G. FaDure to Complete the Work on Time - The Work to be done under this Contract is to be
begun on or before the date set forth in the attached Proposal, and shall be prosecuted with proper
dispatch towards completion to the satisfaction of the Engineer, and is to be fully completed within
the time limit set forth in the attached Proposal, and it is understood and agreed that the time limit
for the completion of said Work is of the essence of the Contract, and should the Contractor fail to
complete the Work on or before the date specified it is agreed that for each calendar day that any
work shall remain uncompleted, after the time specified in the attached Proposal, with any extension
of time which may be allowed by the Engineer for the completion of the Work provided for in these
Plans, Specifications, Special Provisions, and Contract, the sum per day 3ven in the following
schedule shall be deducted from the monies due to the Contractor, not as a penalty but as
liquidated damages and added expense for supervision on each Contract:
The Contractor shall take into account all contingent work which has to be done by other parties,
arising from any cause whatsoever, and shall not plead his want of knowledge of said contingent
work as an excuse for delay in his work or for its non- performance.
Nothing in this clause shall be constJUed as limiting the right of the Board to declare the Contract
forfeited, to take over the Work, or to claim damages for the failure of the Contractor to abide by
each and every one of the terms of this Contract as set forth and provided for in the General
Provisions, Special Provisi~ and Specifications herein contained.
H. Annulment of Contract. lfthe Contractor fails to begin the Work under Contract within the time
specified, or fails to perform the Work with sufficient workmen and equipment or with sufficient
materials to insure the prompt completion of said Work, or shall perform the Work unsuitably, or
shall neglect or refuse to remove materials or perform anew such work as shall be rejected as
defective and unsuitable, or shall discontinue the prosecution of the Work, or if the Contractor shall
become insolvent or be declared bankrupt, or commit any act ofbankruptcy or insolvency, or allow
any final judgement to stand against him unsatisfied for a period of forty eight (48) hours, or shall
make an assigmnent for the benefit of creditors, or from any other cause whatsoever shall not carry
BID NO: No. 27-01102
DATE: 06114/02
crrY OF MIAMI BEAOI
34
on the Work in an acceptable manner, the Engineer may give notice in writing to the Contractor and
his Surety of such delay, neglect, or default., specifying the same, and if the Contractor, within a
period often (10) days after such notice shall not proceed in accordance therewith, then the Board
shall upon written certificate from the Engineer of the fact of such delay, neglect, or default and the
Contractor's failure to comply with such notice, have full power and authority, without violating the
Contract, to take the prosecution of the work out of the hands of said Contractor, to appropriate or
use any or all materials and equipment on the ground as may be suitable and acceptable and may
enter into an agreement for the completion of said Contract according to the terms and provisions
thereof, or use such other methods as in its opinion shall seem advisable for the completion of said
Contract in an acceptable manner.
All costs and charges incurred by the Board, together with the costs of completing the Work under
contract, shall be deducted from any monies due or which may become due said Contractor. In
case the expense shall exceed the swn which would have been payable under the Contract, then the
Contractor and the Surety shall be liable and shall pay to the City the amount of said excess.
I. Termination ofContrac:tor's Responsibility - This Contract will be considered complete when
all work has been completed, final inspection made, and the work accepted by the Board as
hereinafter provided. The Contractor will then be released from further obligation except as set
forth in his bond, and except as provided in Article 7.16.
3.6 MEASUREMENT AND PAYMENT
Acceptance and Final Payment - Whenever the improvement provided for under this Contract
shall have been completely performed on the part of the Contractor, and all parts of the Work have
been approved by the engineer according to the Contract, and all trash, debris, equipment, and
other things used in the construction removed from the site of the constroction and from the
adjoining land, the engineer, after final inspection as provided herein, shall certifY such fact to the
board in writing, recommending the acceptance of the Work.
Upon acceptance of the Work by the board, a Final Estimate showing the value of the Work will
be prepared by the engineer as soon as the necessary measurements and computations can be
made all prior certificates or estimates upon which payments have been made being approximate
only and subject to correction in the Final Estimate.
The amount of the Final Estimate, less any sums that may have been deducted or retained under the
provisions of this Contract, will be paid to the Contractor within thirty (30) days after the Final
Estimate has been approved by the board, provided that the Contractor has furnished to the Board
a swom affidavit to the effect that all bills are paid and no suits are pending in connection with the
Work done under this Contract. Upon this final payment the City is to be released from all liability
whatever growing out of this Contract.
BID NO: No. 27-01/02
DATE: 06114/02
crrY OF MIAMI BEAOI
35
3.7 SPECIAL PROVISIONS
A. PROTECfION TO PUBLIC: The Contractor shall erect and maintain barricades and
warning signs to protect the public during the course of the work. The Contractor shall take
every precaution to protect the abutting properties and minimize the possibility of damage to
same. Contractor shall be liable for restoration of all property including City property.
A. PERMITS: The Contractor shall procure all permits and licenses as required, however, there will
be no charge for the construction permits issued by the City of Miami Beach.
B. CONFLICf BETWEEN SPECIAL PROVISIONS AND GENERAL PROVISIONS: fu
case of conflict between the requirements of Special Provisions and General Provisions, the
requirements of the Special Provisions will prevail.
C. LIMITATIONS OF OPERATIONS:
No work shall be accomplished on Saturdays and Sundays. No work shall take place between the
hours of 6:00 p.m. and 7:00 a.m., however contractor may take necessary precautions to protect
work already accomplished. Any work that the contractor finds necessary to provide during the
above days and times, must obtain written permission by either the Public Works or Parlcing Dept
Director, or designated Representative.
BID NO: No. 27-01102
DATE: 06114/02
crrY OF MIAMI BEAOI
36
CONCRETE CURBINGlSIDEW ALK CONSTRUCTION, AND THE PURCHASE OF
ASPHALTIC CONCRETElRELATED MATERIALS, AND THE STRIPING OF CITY
STREETS AND PARKING LOTS
BID # 27-01/02
4.0 MINIMUM SPECmCATIONS
Group (II)-PURCHASE OF ASPHALTIC CONCRETElRELATED MATERIALS
4.1 SCOPE OF WORK
A. Preparing Surface:
Prior to the application of the surface course, all loose material, dust, dirt and all foreign material
which might prevent proper bond with the existing surface shall be removed to the full width of the
treatment by means of revolving brooms or approved mechanical sweeper, supplemented by hand
sweeping if required.
B. Tack Coat:
Tack coat shall be Grade RS-2 in accordance with the 1986 Specifications of the Florida
Department ofTransportation and shall be heated to such consistency that it can be pumped. It
shall then be applied to the cleaned, patched and dry surface from an approved pressure
distributor, by means of a hand hose. The tack coat shall be applied in a cobweb design in an
amount sufficient to properly insure adhesion and obviate slipping. Precaution shall be taken to
prevent an excess of tack coat which might form pools.
C. Asphaltic Wearing Surface:
The material used shall conform with the requirements for Type S 1 Asphaltic Concrete Surface
Course as specified in the 1986 Florida Department ofTransportation Standard Specifications for
Road and Bridge Construction.
D. Placing Mixture:
The mixture shall be laid only where the surface to be covered is dry and only when weather
conditions, have been determined to be acceptable by the assigned City of Miami Beach Engineer.
1.) Upon arrival, the mixture shall be dumped into the approved mechanical spreader, nd
immediately spread and struck off to the full width required, and to such appropriate
loose depth that when the work is completed the weight of mixture or thickness
required per square yard will be secured.
When waived by the Special Provisions, the mechanical equipment may be omitted and
spreading accomplistm by hand as hereinafter provided. The mixture shall be laid in
strips such manner as to provide for passage of traffic.
2.) Before any rolling is started, the finished surface struck by the machine shall be
checked, any inequalities adjusted, all "drippings", (i.e. fat sandy accumu1ations from
the screed, and all fat spots from any source, shall be removed and replaced with
satisfactoJ)' material).
3.) When machine finishing is used, an excess amount of mixture shall be canied ahead of
the screed at all times. Hand raking shall be done behind the machine as required and
straight edging and back patching shall be done after initial compression has been
obtained and while the material is still hot.
4.) When hand spreading is permitted or when, in the opinion of the Engineer because of
any project conditioning it becomes necessary to spread by hand, it shall then be
immediately distributed into place by means of suitable shovels and other tools and
spread with rakes in a uniformly loose layer of such depth as will result in a completed
course of thickness required. The loose materials shall then be compacted with rollers
or tamps. Hand work will be paid for at the unit price per ton as indicated in the
Proposal.
5.) Under no consideration shall mixture be laid wet, when rain is falling or when there is
water on the base. The City of Miami Beach Engineer will determine if the mixture is
acceptable, and if the base is suitable.
6.) No skin patching shall be done, and when a depression is to be corrected while the
mixture is hot, the surface shall be well scarified before the addition offresh mixture. If
irregularities occur greater than the limits herein specified, and are not corrected while
the mixture is still hot, the irregularities shall be cut out the full depth of the pavement
and replace with fresh mixture.
E. Compacting Mixture:
1.) After spreading as specified, the mixture shall be compacted with rollers as
hereinbefore specified. The rolling shall be done in the following sequence with
equipment as shown.
2.) Seal rolling, using tandem steel rollers weighing 5 to 12 tons, and following as close
behind the spreader as is possible without pick- up, undue displacement or blistering of
the material.
3.) Rolling with self-propelled pneumatic-tired rollers, following as close behind the seal
rolling as the mix will permit The roller shall cover every portion of the
surface with at least six (6) passes. (Note: This rolling is not required for
asphaltic concrete binder courses).
4.) Final rolling with the 8 to 12 ton tandem steel roller to be done after the seal rolling and
BID NO: No. 27-01/02
DATE: 06114/02
CITY OF MIAMI BEAOI
38
pneumatic- tired rolling are complete, but before the pavement temperature has
dropped below 140? F. This rolling shall be continued until all roller marl<s and tire
marks have been eliminated.
F. ManholesIValve Boxes:
Alljust manholes and/or valve boxes by raising castings method. Final grade will be supplied by
City surveyor.
G. Traffic Loops: Replace 4, 6, and 8 loops, as required.
H. Asphaltic Concrete Patch Work:
1.) Areas to be patched will be a minimum of 100 sq. ft. and will be ready for tack coat and
surface course.
2.) Saw Cutting and Patching: Areas to be patched must be saw cut and squared off as
directedby City representative (minimum of 100 sq. ft.). Asphalt to be removed down to
lime rock base; base to be recompacted either by roller or vibratory tamper. Area will then
be tack coated and surface course applied and compacted.
L Milling of Existing Asphalt Pavement:
1.) Description:
The work specified in this Section consists of removing existing asphaltic concrete pavement
by milling to improve the rideability of the finished pavement, to lower the finisb::d grade
adjacent to existing curb prior to resurfacing, or to completely remove existing pavement
2.) When milling to improve rideability, an average depth of cut will be specified in
the plans.
3.) Unless otherwise specified, the disposal of the milled material becomes the property
of the Contractor.
J. Equipment
1.) The milling machine shall be capable of maintaining a depth of cut and cross slope that will
achieve the results specified in the plans and specifications. The overall length of the machine
(out to out measurement excluding the conveyor) shall be a minimum of 18 feet The minimum
cutting width shall be six feet
2.) The milling machine shall be equipped with a built-in automatic grade control system
that can control the transverse slope and he longitudinal profile to produce the specified
results.
3.) Any commercially manufactt.n'ed milling machine meeting the above requirements will be
BID NO: No. 27-01/02
DATE: 06114/02
crrY OF MIAMI BEAOI
39
approved to start the project. If it becomes evident after milling has started that the milling
machine cannot consistently produce the specified results, the milling machine will be rejected
for further use.
4.) When milling to lower the grade acljacent to existing curb or other areas where it is
impractical to use the above descnbed equipment, the use of a smaller milling machine will be
permitted.
5.) The milling machine shall be equipped with means to effectively limit the amount of
dust escaping the removal operation.
6.) For complete pavement removal, the use of alternate removal and crushing equipment, in lieu
of the equipment specified above, may be approved by the Engineer.
L Construction:
I.) When milling to improve rideability, the existing pavement shall be removed to the average
depth specified in the plans, in a manner that will restore the pavement surface to a uniform
cross section and longitudinal profile. The Engineer may require the use of a stringIine to
ensure maintaining the proper alignment.
2.) The longitudinal profile of the milled surface shall be established on the side of the cut nearest
the centerline of the road. The cross slope of the milled surface shall be established by a
second sensing device near the outside edge of the cut or by an automatic cross slope control
mechanism. The plans may waive the requirement for automatic grade or cross slope cootroIs
where the situation warrants such action.
3.) The Contractor may elect to make multiple cuts to achieve the required pavement
configuration or depth of cut.
4.) The milling machine shall be operated to be effectively rniniInm: the amount of dust being
emitted from the machine. Prewetting of the pavement may be required.
5.) lftraffic is to be maintained on the milled surface prior to the placement of the new asphaltic
concrete, the pattern of striations shall be such as to produce an acceptable riding surface.
The Engineer will control the traveling speed of the milling machine to produce a texture that
will provide an acceptable riding surface.
6.) Prior to opening an area which has been milled to traffic, the pavement shall be
thoroughly swept with a power broom or other approved equipment to remove to the
greatest extent practicable, fine material which will dust under traffic. This operation shall be
conducted in a manner so as to rniniInm: the potential for creation of a traffic hazard and to
~ air pollution.
BID NO: No. 27-01102
DATE: 06114/02
crrY OF MIAM1 BEAOI
40
7.) Sweeping of the milled surface with a power broom will be required prior to placing asphaltic
concrete.
8.) In urban and other sensitive areas where dust would cause a serious problem, the Contractor
shall use a street sweeper (using water) or dher equipment capable of removing and
controlling dust. Approval of the use of such equipment is contingent upon its demonstrated
ability to do the work.
9.) To prevent, to the greatest extent practicable, the infiltration of milled material into the storm
sewer system when the milling operation is within the limits of, and adjacent to a municipal
curb and gutter or a closed drainage system, the sweeping operation shall be performed
immediately after the milling operations or as directed by the Engineer.
10.) This operation shall also include the thorough removal of all milled material from the gutter in
such a manner as to protect the curb from damage and to prevent the material being swept
into the inlet openings or inlet grates._ The equipment and methods utilized to sweep the gutter
shall be approved prior to beginning and may be changed or revised to achieve the desired
results as directed by the Engineer.
L Milled Surface:
1.) The milled surface shall have a reasonably uniform texture and shall be within 1/4 inch of a true
profile grade and shall have no deviation in excess of 1/4 inch from a straightedge applied to
the pavement perpendicular to the centerline. The variation of the longitudinal joint between
multiple cut areas shall not exceed 1/4 inch. Areas varying from a true surface in excess of
the above stated tolerance may be accepted without com:ction if the City's Engineer
determines that they were caused by a pre-existing condition which could not have reasonably
been corrected by the milling operations. Any unsuitable texture or profile, as determined by
the City's Engineer, shall be corrected by the Contractor at no additional compensation.
2.) The City's Engineer may require remilling of any areas where a surface lamination causes a
non-unifonn texture to occur.
M. Method of Payment:
The quantity to be paid for shall be the area in square yards over which milling is acceptably
completed, as designated and noted in the plans, which will be supplied to the Contractor by
the City. Measurement shall be the final dimensions measured along the surface of the
completed work within the neat lines shown on the plans or designated by the Engineer.
N. Basis of Payment:
I.) The quantity, determined as provided above, shall be paid for at the contract unit price for
Milling Existing Asphalt Pavement.
BID NO: No. 27-01102
DATE: 06114/02
crrY OF MIAMI BEAOI
41
2.) The price and payment for Milling Existing AsphaltPavement shall be full compensation for all
WOlf< specified in this Section, including hauling off and stockpiling or otherwise disposing of
the milled material.
O. Maintenance of Traffic:
1.) Work shall be conducted in such a manner that all streets shall be open to traffic at night
Approved and sufficient barricades, signs and lighting shall be maintained at all times for the
safety of the public and traffic, and to insure that no traffic will pass over the placed material
for at least one (1) hour after it is spread.
2.) Areas to be paved must be barricaded by the Contractor 24 hours prior to commencement
of the work.
3.) It will be the resoonsibilitv of the contractor to provide all barricades. silZllS. and li2htin2 in
accordance with the above stated reauirements. The Contractor shall be responsible for
providing an off-duty police officer, if necessary to complete job.
BID NO: No. 27-01/02
DATE: 06114/02
crrY OF MIAMI BEAOI
42
CONCRETE CURBING/SIDEW ALK CONSTRUCTION, AND THE PURCHASE OF
ASPHALTIC CONCRETElRELATED MATERIALS, AND THE STRIPING OF CITY
STREETS AND PARKING LOTS
BID # 27-01/02
5.0 MINIMUM SPECIFICATIONS
THE STRIPING OF CITY STREETS AND PARKING LOTS (Group Ill)
Must meet Miami Dade County (M.D. C.) and Florida Department of Transportation (p.D.D.T)
specifications. The Contractor must provide a copy of the current M.D.C and F.D.O.T.
striping specifications upon request from the City's Procurement Division.
5.1 SCOPE OF WORK
I STRIPING DESCRIPTION
A. Thermoplastic, 4" Solid Yellow /White
B. Thermoplastic, 4" Skip Yellow /White
C. Thermoplastic, 6" Solid Yellow /White
D. Thermoplastic, 6" Skip Yellow /White
F. Thermoplastic, 8" Solid Yellow /White
G. Thermoplastic, 12" Solid Yellow /White
H. Thermoplastic, 18" Solid Yellow /White
I. Thermoplastic, 24" Solid White
J. R P M's
K. Directional Arrows
M. Handicap Logo & Blue Stripe (parking space)
N. Temporary Striping
O. Removal of Existing Thermo Striping
BID NO: No. 27-01102
DATE: 06114/02
crrY OF MIAMI BEAOI
43
CONCRETE CURBING/SIDEW ALK CONSTRUCTION, AND THE PURCHASE OF
ASPHALTIC CONCRETFJRELATED MATERIALS, AND THE STRIPING OF CITY
STREETS AND PARKING LOTS
BID # 27-01/02
n Striping City Parking Lots:
A. Total Lots: 50 each. Average Lot Size: 1,425 L.F.
B. Colors: Yellow/White
C. The City will provide a SUlVey and Lay-out for each Lot.
D. Stop Bars
E. Arrows
F. Cross Hatching
G. Disable Logo
H. Re- install Existing Concrete Car Stops
L Disable Cross Hatching
BID NO: No. 27-01102
DATE: 06114/02
crrY OF MIAMI BEAOI
44
CONCRETE CURBING/SIDEWALK CONSTRUCTION, AND THE PURCHASE OF
ASPHALTIC CONCRETE/RELATED MATERIALS, AND THE STRIPING OF CITY
STREETS AND PARKING LOTS
BID # 27-01/02
Proposal Page 1 of 2
We propose to furnish all labor, material, equipment, supelVision and transportation necessary to deliver
and install on an as-needed basis, Concrete Curbing/Sidewalk Construction for the City of Miami Beach in
accordance with the Bid Specifications as follows:
Group I
ITEM # DESCRIPTION EST.OlY !lM! TOTAL
(YEARL Y) PRICE
lA) Remove & Replace 4" 1,000 S.F. $ 4IJcJ S.F. ~ t/ COO CO
I
Concrete Sidewalk
2A) Remove & Replace 6" 2,000 S.F. $~0S.F. ~ / /1 tJa?p(J
Concrete Sidewalk
3A) Remove & Replace 24'!..30" (250) LF. ;2 '-co ~ G )-<-SZ1tJ V
$ 5. L.F. I
Curb & Gutter
36"-42" Curb & Gutter (250) LF. $ 30 LF. ~ 7 5C~cV
/1
4A) Remove & Replace 6"x12" (200) LF. $)atCLF. ~ d. cr>O$~
I'
Curb
IB) Construct 4" Concrete (500) S.F. $ 4SOS.F. ~ :2, )..,[64iJ
Sidewalk
,--
2B) Construct 6" Concrete (250) S.F. $ h.CO S.F. ~ ~ .SQ?tZ/
Sidewalk
BID NO: No. 27-01/02
DATE: 06/14/02
CITY OF MIAMI BEACH
45
CONCRETE CURBING/SIDEW ALK CONSTRUCTION, AND THE PURCHASE OF
ASPHALTIC CONCRETE/RELATED MATERIALS, AND THE STRIPING OF CITY
STREETS AND P ARKlNG LOTS
EST.QTY ~
(YEARLY) PRICE
(200) L.F. $.28a? L.F. ~ ~ 000' ,0 0
BID # 27-01102
Proposal Page 2 of 2
(Continued)
Group I
ITEM #
TOTAL
DESCRIPTION
3B)
Construct 18"1 Curb
& Gutter
24" Curb & Gutter
30" Curb & Gutter
(200) L.F. $~OOL.F. ~
.
(200) L.F. $ '3 ).t'q,.F. ~
(200) L.F. $ :ntICL.F. ~
(8) EA. ~(X-EA. ~
4B)
Construct 6" x 12"1
Concrete Curb
5B)
Construct Pedestrian!
Ramp
lC)
Extra Strength Concrete/4,000 (50) L.F.
P.S.I
$2rJ ,(JOL.F. ~
....
2C)
Integral color Concrete
4"-6"
IO,etJ @.,
(4,000) c.Y. s....:;2. dfc.Y. ~
3C)
Dust-onIDry- Shake Colorl
Hardened Finish Concrete
4"-6"
(500) S.F. $:200 c.Y. ~
lD)
Pavement Restoration S-l
Asphalt
(l0) Tn
$2)oC!1n ~
{;/ OOO.tJtT
U/ V@.co
Li UOO tJtJ
I
~ 80t'.'0(/
~~oO~Cl7 /lD
AA~$ ~
tI(),,~{)O
t otXI. ocJ
..:j !:z.CP~ CJ
Group I: Concrete Curbing/Sidewalk Construction: Total
$ ItJJy:o,OCJ
Written Amount
BID NO: No. 27-01/02
DATE: 06/14/02
CITY OF MIAMI BEACH
46
CONCRETE CURBING/SIDEWALK CONSTRUCTION, AND THE PURCHASE OF
ASPHALTIC CONCRETE!RELA TED MATERIALS, AND TIlE STRIPING OF CITY
STREETS AND PARKING LOTS
BID # 27-01/02
SUMMARY PAGE:
Group I: Concrete Curbing
Sidewalk Construction:
Total
$
Ie "7IJCt).t/ 0
~ ~
Group II: Purchase of Asphaltic Concrete
Related Material:
Total
$
(} -
Group III (A): Striping of City Streets:
Total
$
Group III (B): Striping of City Parking Lots: Total
$
-0
Grand Total $ I 0 "7, tal. tJ tJ
(
Written Amount
Bidders ~ acknowledge receipt of addendum (if applicable).
Addendum No.1: 1 /1 ~ J 01- Addendum No.2:
~
Addendum No.3: </:1 f,/tJ Y Addendum No.4:
Insert Date Insert Date
PAYMENT TERMS: NET 30. If other, specify here
ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION TO BE
CONSIDEREDPARTOFTHETU. STBESUBM'rr>'D IN DUPL IC~T.E. i/7 .
NAME! TITLE (Print): ( , 9 . L C tJ A/ 5 / If i/ C I I tJ i/ (LAiC
\ 1
. .~ tJ 'S- 7!/ - ,!.;J J ~Zi. l~ ~,C(?
-~. ~ ) ZIP
'7oj-:- 3 6 ,)..'- 7) 7 ,'7
~tl..s - '5h). ,- 3 V 1-./
ADDRESS:
CITY 1ST A TE:
TELEPHONE NO:
FACSIMILE NO:
BID NO: No. 27-01/02
DATE: 06/14/02
CITY OF MIAMI BEACH
53
CONCRETE CURBINGlSIDEW ALK CONSTRUCTION, AND THE PURCHASE OF
ASPHALTIC CONCRETFJRELATED MATERIALS, AND THE STRIPING OF CITY
STREETS AND PARKING LOTS
BID # 27-01/02
BID CHECK LIST
To ensure that your bid is submitted in conformance with the Contract Documents, please verifY that the
followiIut items have been completed and submitted as
X Original and one copy of bid (including aU submittal information)
General Conditions Section 1.1
Special Conditions Section 2.25
X Execution of Bid
General Conditions Section 1.2
X EquivalentslEqual Product
General Condition Section 1.10
Special Conditions Section 2.27
Insurance and Indemnification (including Insurance Checklist)
X General Condition Section 1.33/1.66
BidlPerformance Bond
X pecial Conditions Section 2.12
X Warranty
Special Conditions Section 2.17 "
X Product/Catalog Information
Special Conditions Section 2.18
X References
Special Conditions Section 2.19/ (Pages 54-55)
X Bidder Qualifications
Special Conditions Section 2.22
X Exceptions to Specifications
Special Conditions Section 2.24
X Contractor's Questionnaire
(Pages 56-57)
BID NO: No. 27-01/02
DATE: 06114/02
crrY OF MIAMI BEAOI
54
CONCRETE CURBING/SIDEWALK CONSTRUCTION, AND THE PURCHASE OF
ASPHALTIC CONCRETE/RELATED MATERIALS, AND THE STRIPING OF CITY
STREETS AND PARKING LOTS
BID # 27-01102
CUSTOMER REFERENCE LISTING
Bidder's shall furnish the names, addresses, and telephone numbers of a minimum of eight (8) firms or
government organizations for which the Contractor has provided Work in accordance with the Scope of
Work/Specifications indicated in these bid documents.
(See Minimum Requirements, Page 2)
I) Company Name P/t!trl/~ll.bllljE >7/YOt:?.!- f}-;;o;4/!.P.
Address Ii/SO NE- 21'Y'~ Ihte- ft/;r}~/I- 33/3).,-
Contact Person/Contract Amount!1tC. fJE ~/?. .() i?: L~ lJoi!fI:= / I H I,!L/t:1.
2)
Telephone Number 3tJ T,- -?cj b- if C Cj {;,
afT;' ~.~ & OI'-f-JL!j/'1~iE "5
,
Address "2g~ HR/laC'N /lve-(j0a~ 3~/3
f;~.---, I .
Contact Person/Contract AmOUllV U L m /11311?~1 H /I ,y. - 30e; (J6t?OO
Telephone Number 3 oS- - if ,.6 0 .- 50 ry'
ComponyN"", CZII d P .cf;"'T It ClI)C~i)l/tf
Address ~ ){} Ala 7/1 '4//) S . 7. ".c/~ ,./4 "3 33w
Contact Person/Contract Amount af 12 '5 6 p~ /!;/'JR/f #-Yv~ 7~,a:zz.
Telephone Number / eys-r/- ~<SL 8 - 57 3iI
Company Name c'1 Tf cJ F fLI/ 19 ~/ I 1:;: iY/citl \
IZtJ -, t!#.//M.PcC~.
lv ~E ~ I ~a:od)
,3 CJ.5-~ a 7 ~ ?o g-d
CITY OF MIAMI BEACH
55
Company Name
3)
4)
Telephone Number
BID NO: No. 27-01/02
DATE: 06/14/02
R .'1 riM, ))t4DK.. (;,0t17)"
Address /1/ /JIyV'-/sr 5;i(>erV./t'I/I9#/ -3~/5g
Contact Person/Contract Amount ~) 6 er} ~ If U 610:- c2 /fiLt
Telephone Number ~ 0 S-....... "]?7~--:217'.:2..
(J flY ty F (2/t/;f},1.11 :s/~/ TVG
/
Address dC7 / -7t~",,-d j)~Y7'e -f11n1H / --~
Contact P"",""Contrnc, Amount t2A -i'R L e s G N AR ~HIW- ~ /ve;az;q;;
3oS-- f(o ~ -SilO
C:jTY tJr- ah/I9~J/'
.
Address UJ-/L/ S--lV - -:! IVO th~. -fft a~
. -.. -;-. I M/~~//
Contact Person/Contract Amouft\: /? /I /tI IJV,7e",e' 5r5 /tJ 3-t?qL'J..J~ 3 3 BO
- '-0 -tJ (J
Telephone Number 3 d'S:- ~/6 / -9Ct?
-'
C?j /)< of 171/~ !y1T!}/?I/
. \
Address 90/ C;;-rl/ - h 2 .v J ?~. -JlJ~/Y//1~
-:--- /] I R-/1 ~33/vV
Contact Person/Contract Amount l_ /t-/1 /lJ /{'::::d".4 / V 0 000. '(')0
/ /
30 s- "::26 C; _. / I ) )..-
5)
Company Name
6)
Company Name
Telephone Number
7)
Company Name
8)
Company Name
Telephone Number
BID NO: No_ 27..eI/02
DATE: 06/14/02
CITY OF MIAMI BEACH
56
CONTRACTOR'S QUESTIONNAIRE
NOTE:
Information supplied in response to this questionnaire is subject to verification.
Inaccurate or incomplete answers may be grounds for disqualification from award
ofthis bid.
Submitted to The May'
By
2
." J
, .... Q.'--'E~'
Principal Office
?S tJ C)f:;- "}' 1/ - ~2 /7i ,Lfl/ - 1// F},( cfi 1-/- /i '. ~'?L/t'
How many years has your organization been in bl,lsiness as a General Contractor under your present
business name? o::2..g -y. ~ C.l f'- <-../
Does your organization have current occupational licenses entitling it to do the work contemplated in this
Contract? ~
State ofFlo~ occupational license - state type and number: e b C -- 00/ q9 v!' $ G
,
Dade County certificate of competency - state type and number: G 54,"50- L ;/
City of Miami Beach occupational license - state type and number:
Include copies of above licenses and certificates with proposal.
How many years experience in similar work has your organization h~? ~ ./
(A) As a General Contractor '5'$ ~.t!----tL7 ~7'
(B) As a Sub-Contractor /.. '-/ ~~I
.
(C) What contracts has your organization completed?
Contract Amt Class of Work When Completed Name/Address of Owner X_
~::>... ~ ~c: 6dx,?w.u/C -i-"C~~1U1l:/.) <<=3ck~ - !-I/";H/ Qr)OC
/~ '7 4'...7 // / /V ')[/'~ /~- .4// N/Io-"/;- '3 3 I 3- tf
Have you ever had a contract terminated (as prime contractor or sub-contractor, under existing company
name or another company name) due to failure to comply with contractual
specifications? /'fLCL
If so, where and why?
Has any officer or partner of your organization ever failed to complete a construction contract handled in his
own name?
BID NO: No. 27-01/02
DATE: 06/14/02
CITY OF MIAMI BEACH
57
DMSION 3. LOBBYISTS
Sec. 2-481. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Advisory personnel means the members of those city boards and agencies whose sole or primary
responsibility is to recommend legislation or give advice to the City commissioners.
Autonomous personnel includes but is not limited to the members of the housing authority, personnel board,
pension boards, and such other autonomous or semi-autonomous authorities, boards and agencies as are
entrusted with the day- to-day policy setting, operation and management of certain defined functions or areas
of responstbility.
Commissioners means the mayor and members of the City commission.
Departmental personnel means the City manager, all assistant City managers, all department heads, the City
attorney, chief deputy City attomey and all assistant City attomeys; however, all departmental personnel
when acting in connection with administrative hearings shall not be included for purposes of this division.
Lobbyist means all persons employed or retained, whether paid or not, by a principal who seeks to
encourage be passage, defeat or modification of any ordinance, resolution, action or decision of any
commissioner; any action, decision, recommendation of any City board or committee; or any action,
decision or recommendation of any personnel defined in any manner in this section, during the time period of
the entire decision-making process on such action, decision or recommendation that foreseeably will be
heard or reviewed by the City commission, or a City board or committee. The term specifically includes the
principal as well as any agent, attomey, officer or employee of a principal, regardless of whether such
lobbying activities fall within the normal scope of employment of such agent, attomey, officer or employee.
Quasi-judicial personnel means the members of the planning board, the board of adjustment and such other
boards and agencies of the City that perform such quasi-judicial functions. The nuisance abatement board,
special master hearings and administrative hearings shall not be included for purposes of this division.
(Ord. No. 92-2777, ow 1,2,3-4-92; Ord. No. 92-2785,.. 1,2,6-17-92)
Cross reference(s)--Definitions generally,. 1-2.
Sec. 2-482. Registration.
(a) All lobbyists shall, before engaging in any lobbying activities, register with the City clerk. Every
person required to register shall register on forms prepared by the clerlc, pay a registration fee as
specified in appendix A and state under oath:
BID NO: No. 27-01/02
DATE: 06114/02
crrv OF MIAMI BEAOI
59
(1) His name;
(2) His business address;
(3) The name and business address of each person or entity which has employed the registrant
to lobby;
(4) The commissioner or personnel sought to be lobbied; and
(5) The specific issue on which he has been employed to lobby.
(b) Any change to any information originally filed, or any additional City commissioner or personnel
who are also sought to be lobbied shall require that the lobbyist file an amendment to the
registration forms, although no additional fee shall be required for such amendment The lobbyist
has a continuing duty to supply information and amend the forms filed throughout the period for
which the lobbying occurs.
(c) If the lobbyist represents a corporation, partnership or trust, the chief officer, partner or beneficiary
shall also be identified. Without limiting the foregoing, the lobbyist shall also identify all persons
holding, directly or indirectly, a five percent or more ownership interest in such corporation,
partnership,ortrust
(d) Separate registration shall be required for each principal represented on each specific issue. Such
issue shall be described with as much detail as is practical, including but not limited to a specific
description where applicable of a pending request for a proposal, invitation to bid, or public hearing
number. The City clerk shall reject any registration statement not providing a description of the
specific issue on which such lobbyist has been employed to lobby.
(e) Each person who withdraws as a lobbyist for a particular client shall file an appropriate notice of
withdrawal.
(t) In addition to the registration fee required in subsection (a) of tIis section, registration of all
lobbyists shall be required prior to October 1 of every even-nwnbered year; and the fee for biennial
registration shall be as specified in appendix A.
(g) In addition to the matters addressed above, every registrant shall be required to state the extent of
any business, financial, familial or professional relationship, or other relationship giving rise to an
appearance of an impropriety, with any cum:nt City commissioner or personnel who is sought to be
lobbied as identified on the lobbyist registration form filed.
(h) The registration fees required by subsections (a) and (t) of this section shall be deposited by the
clerk into a separate account and shall be expended only to cover the costs incum:d in
administering the provisions of this division. There shall be no fee required for filing a notice of
withdrawal, and the City manager shall waive the registration fee upon a finding of financial
hardship, based upon a swom statement of the applicant Any person who only appears as a
representative of a nonprofit corporation or entity (such as a charitable organization, a
neighborhood or homeowner association, a local chamber of commerce or a trade association or
trade union), without special compensation or reimbursement for the appearance, whether direct,
indirect or contingent, to express support of or opposition to any item, shall not be required to
register with the clerk as required by this section. Copies of registration forms shall be furnished to
each commissioner or other personnel named on the forms.
(Ord. No. 92-2777,.3,3-4-92; Ord. No. 92-2785,.3,6-17-92)
BID NO: No. 27-01/02
DATE: 06114/02
crrY OF MIAM1 BEAOI
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If so, state name of individual, name of owner, and reason thereof
IJ~ In
In what other lines of business are you financially interested or engaged? ~ C'Y)!/y~
GiV~ ref""""", " to 'l!:"eoce, """ity, om! financial ""'<ting 1'1 fr-' 2>>--1/ '" ,~" """" ~
1_ Ct4.eb - !;;7;: R b I:~ .I g ?~ 0 I? II - _ : tJ - ~ 5' i../ 'if 7C
What Bank or Banks have you arran ed to do business with during the course of the Contract should it be
awarded to you? ,V /0 /1/ . ~ Rj(,liC f2 ~ . It/-.t) . I' J3;,Yl.I2.- 6fll1/ --: IM\
Please list the names and addresses of the subcontractors to be used for the portions of the work listed
below.
(/'JI tJ IV ~_
BY CERTIFY that the above answers are true and correct.
!/., /,,-J, -f
(.A..A 'U - ~...L'_-(./ -'L -
~ '.C'
/",1::'_
(SEAL)
How were you notified of this Invitation to Bid?
. (SEAL)
~ {)b~;:=- l..::.7 C Pl~ kT
BID NO: No. 27-01102
DATE: 06/14/02
CITY OF MIAMI BEACH
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Sec. 2-483. Exceptions to registration.
(a) Any public officer, employee or appointee or any person or entity in contractual privity with the City
who only appears in his official capacity shall not be required to register as a lobbyist
(b) Any person who only appears in his individual capacity at a public hearing before the city
commission, planning board, board of adjustment, or other board or committee and has no other
communication with the personnel defined in section 2-481, for the purpose of self-representation
without compensation or reimbursement, whether direct, indirect or contingent, to express support
of or opposition to any item, shall not be required to register as a lobbyist, including but not limited
to those who are members of homeowner or neighborhood associations. All speakers shall,
however, sign up on forms available at the public hearing. Additionally, any person requested to
appear before any city persomel, board or commission, or any person compelled to answer for or
appealing a code violation, a nuisance abatement board hearing, a special master hearing or an
administrative hearing shall not be required to register, nor shall any agent, attomey, officer or
employee of such person.
(Oni. No. 92-2777, .. 4,5,3-4-92; Ord. No. 92-2785, .. 4,5,6-17-92)
Sec. 2-484. Sign-in logs.
In addition to the registration requirements addressed above, all city departments, including the offices of the
mayor and city commission, the offices of the city manager, and the offices of the city attorney, shall maintain
signed sign- in logs for all noncity employees or personnel for registration when they meet with any personnel
as defined in section 2-481.
(Ord. No. 92-2785, . 6, 6-17-92)
Sec. 2-485. Ust of expenditures.
(a) On October 1 of each year, lobbyists shall submit to the city clerk a signed statement under oath
listing all lobbying expenditures in the city for the preceding calendar year. A statement shall be filed
even if there have been no expenditures during the reporting period.
(b) The city clerk shall publish logs on a quarterly and annual basis reflecting the lobbyist registrations
filed. All logs required by this section shall be prepared in a manner substantially similar to the logs
prepared for the state legislature pursuant to F.S.. 11.0045.
(c) All members of the city commission and all city personnel shall be diligent to ascertain whether
persons required to register pursuant to this section have complied with the requirements of this
division. Commissioners or city personnel may not knowingly permit themselves to be lobbied by a
person who is not registered pursuant to this section to lobby the commissioner or the relevant
committee, board or city persomel.
(d) The city attorney shall investigate any persons engaged in lobbying activities who are reported to be
in violation of this division. The city attorney shall report the results of the investigation to the city
commission Any alleged violator shall also receive the results of any investigation and shall have the
opportunity to rebut the findings, if necessary, and submit any written material in defense to the city
commission. The city commission may reprimand, censure, suspend or prolnbit such person from
lobbying before the commission or any committee, board or personnel of the city.
(Oni. No. 92-2777,.6,3-4-92; Ord. No. 92-2785,.7,6-]7-92)
BID NO: No. 27-01102
DATE: 06114/02
COY OF MIAMI BEAOI
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DMSION 4. PROCUREMENT
Sec. 2-486. Cone of silence.
(a) Contracts for the provision of goods, services, and construction projects other than audit contracts.
(1) Definition. "Cone of silence" is hereby defined to mean a prolubition on: (a) any communication
regarding a particular request for proposal ("RFP"), request for qualifications ("RFQ"), request for letters of
interest ("RFLI"), or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and
the city's administrative staff including, but not limited to, the city manager and his or her staff, (b) any
communication regarding a particular RFP, RFQ, RFLI, or bid between the mayor, city commissioners, or
their respective staffs, and any member of the city's administrative staffincluding, but not limited to, the city
manager and his or her staff; (c) any communication regarding a particular RFP, RFQ, RFLI, or bid
between a potential vendor, service provider, bidder, lobbyist, or oonsultant and any member of a city
evaluation and/or selection committee; and (d) any communication regarding a particular RFP, RFQ, RFLI
or bid between the mayor, city commissioners or their respective staffs and any member of a city evaluation
and/or selection committee. Notwithstanding the foregoing, the cone of silence shall not apply to competitive
processes for the award of CDBG, HOME, SlllP and Surtax Funds administered by the city office of
community development, and communications with the city attorney and his or her staff.
(2) Procedure.
a. A cone of silence shall be imposed upon each RFP, RFQ, RFLI, and bid after the advertisement of
said RFP, RFQ, RFLI, or bid At the time of imposition of the cone of silence, the city manager or his or
her designee shall provide for public notice of the cone of silence. The city manager shall include in any
public solicitation for goods and services a statement disclosing the requirements of this division.
b. The cone of silence shall terminate (i) at the time the city manager makes his or her written
recommendation as to selection of a particular RFP, RFQ, RFU, or bid to the city commission, and said
RFP, RFQ, RFLI, or bid is awarded; provided, however, that following the manager making his or her
written recommendation, the cone of silence shall be lifted as relates to communications between the mayor
and members of the commission and the city manager; providing further if the city commission refers the
manager's recommendation back to the city manager or staff for further review, the cone of silence shall
continue until such time as the manager makes a subsequent written recommendation, and the particular
RFP, RFQ, RFLI, or bid is awarded or (ii) in the event of contracts for less than $25,000.00 when the city
manager executes the contract.
(3) Exceptions. The provisions of this section shall not apply to: (a) oral communications at pre-bid
conferences; (b) oral presentations before evaluation committees; (c) contract discussions during any duly
noticed pllblic meeting; (d) public presentations made to the city commissioners during any duly noticed
public meeting; (e) contract negotiations with city staff following the award of an RFP, RFQ, RFLI, or bid
by the city commission; or (f) communications in writing It any time with any city employee, otIicial or
member of the city commission, unless specifically prolubited by the applicable RFP, RFQ, RFLI, or bid
documents; or (g) city commission meeting agenda review
BID NO: No. 27-01102
DATE: 06114/02
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..
meetings between the city manager and the mayor and individual city commissioners where such matters are
scheduled for consideration at the next commission meeting. The bidder, proposer, vendor, service
provider, lobbyist, or consultant shall file a copy of any written communications with the city cle1k The city
cleric shall make copies available to any person upon request
(b) Audit contracts.
(I) "Cone of silence" is hereby defined to mean a prolnbition on: (a) any communications regarding a
particular RFP, RFQ, RFLI, or bid between a potential vendor, service provider, bidder, lobbyist, or
consultant and the mayor, city commissioners or their respective staffs, and any member of the city's
administrative staff including, but not limited to the city manager and his or her staff, (b) any oral
communication regarding a particular RFP, RFQ, RFU, or bid between the mayor, city commissioners or
their respective staffs and any member of the city's administrative staff including, but not limited to, the city
manager and his or her staff; and (c) any communication regarding a particular RFP, RFQ, RFLI, or bid
between a potential vendor, service provider, bidder, lobbyist, or consultant and any member of a city
evaluation and/or selection committee; and (d) any communication regarding a particular RFP, RFQ or bid
between the mayor, city commissioners or their respective staffs and any member of a city evaluation and/or
selection committee. Notwithstanding the foregoing, the cone of silence shall not apply to communications
with the city attorney and his or her staff.
(2) Except as provided in subsections (bX3) and (b X4) hereof, a cone of silence shall be imposed upon
each RFP, RFQ, RFLI, or bid for audit services after the advertisement of said RFP, RFQ, RFLI, or bid
At the time of the imposition of the cone of silence, the city manager or his or her designee shall provide for
the public notice of the cone of silence. The cone of silence shall terminate (a) at the time the city manager
makes his or her written recommendation as to selection of a particular RFP, RFQ, RFLl, or bid to the city
commission, and said RFP, RFQ, RFLl, or bid is awarded; provided, however, that following the manager
making his or her written recommendation, the cone of silence shall be lifted as relates to communications
between the mayor and members of the commission and the city manager; providing further if the city
commission refers the manager's recommendation back to the city manager or staff for further review, the
cone of silence shall continue until such time as the manager makes a subsequent written recommendation,
and the particular RFP, RFQ, RFLI, or bid is awarded or (b) in the event of contracts for less than
$25,000.00 when the city manager executes the contract.
(3) Nothing contained herein shall prohibit any bidder, proposer, vendor, service provider, lobbyist, or
consultant (a) from making public presentations at duly noticed pre- bid conferences or before duly noticed
evaluation committee meetings; (b) from engaging in contract discussions during any duly noticed public
meeting; (c) from engaging in contract negotiations with city staff following the award of an RFP, RFQ,
RFLI, or bid for audit by the city commission; or (d) from communicating in writing with any city employee
or official for purposes of seeking clarification or additional information from the city or responding to the
city's request for clarification or additional information, subject to the provisions of the applicable RFP,
RFQ, RFLt, or bid documents. The bidder or proposer etc. shall fIle a copy of any written communication
with the city cle1k The city cleric shall make copies available to the general public upon request
BID NO: No. 27-01102
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\
(4) Nothing contained herein shall prohibit any lobbyist, bidder, proposer, vendor, service provider,
consultant, or other person or entity from publicly addressing the city commissioners during any duly noticed
public meeting regarding action on any audit contract. The city manager shall include in any public
solicitation for auditing services a statement disclosing the requirements of this division.
(c) Violations/penalties and procedures. A violation of this section by a particular bidder, proposer,
vendor, service provider, lobbyist, or consultant shall subject said bidder, proposer, vendor, service
provider, lobbyist, or consultm to the same procedures set forth in Division 5, entitled "Debarment of
Contractors from City Work" shall render any RFP award, RFQ award, RFLl award, or bid award to said
bidder, proposer, vendor, service provider, bidder, lobbyist, or consultant void; and said bidder, proposer,
vendor, service provider, lobbyist, or consultant shall not be considered for any RFP, RFQ, RFU or bid for
a contract for the provision of goods or services for a period of one year. Any person who violates a
provision of this division shall be prohibited from serving on a city evaluation and/or selection committee. In
addition to any other penalty provided by law, violation of any provision of this division by a city employee
shall subject said employee to disciplinary action up to and including dismissal. Additionally, any person who
has personal knowledge of a violation of this division shall report such violation to the city attorney's office
or state
attorney's office and/or may file a complaint with the county ethics commissi:m.
(Ord. No. 99-3164, ~ 1,1-6-99; Ord. No. 2001-3295, ~ 1,3-14-01)
BID NO: No. 27-01102
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ORDINANCE NO 2000-3234
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI,
ENTITLED "PROCUREMENT", BY CREATING DMSION 5, ENTITLED
"DEBARMENT", SECfIONS 2-397 THROUGH 2-406 OF TIlE CODE OF TIlE
CITY OF MIAMI BEACH, FLORIDA, PROVIDING FOR DEBARMENT OF
CONTRACTORS FROM CITY WORK; PROVIDING FOR SEVERABILITY;
CODillCATION; REPEALER; AND AN EFFECfIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Miami Beach City Code, Chapter 2, entitled "Administration", Article VI, entitled
"Procurement", is hereby amended by adding the following Division 5, entitled - "Debarment of Contractors
from City Work" reading as follows:
Division 5. Debarment of contractors from City work.
Section 2-397. Purpose of debarment.
(a) The City shall solicit offers from, award contracts to, and consent to subcontractors with
responsible contractors only: To effectuate this police, the debarment of contractors from City work
may be undertaken.
(b) The serious natw"e of debarment requires that this sanction be imposed only when it is in the public
interest for the City's protection. and not for purposes of punishment Debarment shall be imposed
in accordance with the procedures contained in this ordinance.
Section 2-398. Definitions.
(a) Affiliates. Business concems. organizations, lobbyists or other individuals are affiliates of each aIu
if, directly or indirectly. (1) either one controls or has the power to control the other, or (ii) a third
part controls or has the power to control both. Indicia of control include, but are not limited to. a
fiduciary relation which results from the manifestation of consent by one individual to another that
the other shall act on his behalf and subject to his control, and consent by the other so to act;
interlocking management or ownership; identity ofinterests among family members; shared facilities
and equipment; common use of employees; or a business entity organized by a debarred entity,
individual, or affiliate following debarment of a contractor that has the same or similar management,
ownership, or principal employees as the contractor that was debarred or suspended.
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(b) Civiljudgment means ajudgment or finding of a civil offense by any cowt of competent jurisdiction.
(c) Contractor means any individual or other legal entity that:
(1) Directly or indirectly (e.g. through an affiliate). S1i>mits offers for is awarded" or
reasonably may be expected to submit offers or be awarded a City contract, including, but
not limited to vendors, suppliers, providers, Bidders, Proposers, consultants, and/or design
professionals, or
(2) Conducts business or reasonable man be expected to conduct business. with the City as an
agent" representative or subcontractor of another contractor.
(d) Conviction means a judgement or conviction of a criminal offense. be it a felony or misdemeanor,
by any court of conp:tent jurisdiction. whether entered upon a verdict or a plea. and includes a
conviction entered upon a plea of nolo contendere.
(e) Debarment means action taken by the Debarment Committee to exclude a contractor (and. in
limited instances specified in tlis ordinance. a Bidder or Proposer from City contracting and City
approved subcontracting for a reasonable, specified period as provided in subsection (j) below: a
contractor so excluded is debarred.
(f) Debarment Committee means a group of seven (7) individual members, each appointed by the
Mayor and individual City Commissioners, to evaluate and. if warranted. to impose debarment,
(g) Preponderance Greater weight of the evidence means proofby information that, compared with
that opposing it , leads to the conclusion that the fact at issue is more probably true than not.
(h) Indictment means indictment for a criminal offense. An information or other filing by compelent
authority charging a criminal offense shall be given the same effect as an indictment.
(1) Legal proceeding means any civil judicial proceeding to which the City is a party or any criminal
proceeding. The term includes appeals from such proc-ni11g'l,
(j) List of debarred contractors means a list compiled, maintained and distributed by the City"s
Procurement Office. containing the names of contractors debarred under the procedures of this
ordinance.
Section 2-399. Ust of debarred contracton.
(a) The City's Procurement Office. is the agency charged with the implementation of this ordinance
shall:
(I) Compile and maintain a current. consolidated list (List) of all contractors debarred by City
departments, Such List shall be public record and shall be available for public inspection
and dissemination;
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(2) Periodically revise and distribute the List and issue supplements, if necessary, to all
departments. to the Office of the City Manager and to the Mayor and City Commissioners:
and
(3) Included in the List shall be the name and telephone nwnberofthe City official responsible
for its maintenance and distnbution.
(b) The List shall indicate:
(1) The names and addresses of all contractors debarred in alphabetical order;
(2) The name of the department that recommends initiation of the debarment action;
(3) The cause for the debarment action, ~ is further described herein. or other statutory or
regulatory authority;
(4) The effect of the debarment action;
(5) The termination date for each listing;
(6) The contractor's certificate of competence or license number, when applicable;
(7) The person through whom the contractor is qualified, when applicable;
(8) The name and telephone number of the point of contact in the department recommending
the debarment action.
(c) The City's Procurement Office shall:
(1) In accordance with internal retention procedures maintain records relating to each
debarment;
(2) Establish procedures to provide for the effective use of the List, including internal
distribution thereof to ensure that departments do not solicit offers from, award contracts
to, or consent to subcontracts with contractors on the List; and
(3) Respond to inquiries concerning listed, contractors and coordinate such responses with the
department that recommended the action,
Section 2-400. Effect of debarment.
(a) Debarred contractors are excluded from receiving contracts, and departments shall not solicit offers
from award contracts to, or consent to subcontracts with these contractors unless the City Manager
determines that an emergency exists justifying such action. and obtains approval from the Mayor
and City Commission, which approval shall be given by 5nths vote of the City Commission at a
regularly scheduled City Commission meeting. Debarred contractors are also excluded from
conducting business with the City as agents, representatives, subcontractors or partners of other
contractors.
(b) Debarred contractors are excluded from acting as individual sureties.
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Section 2-401. Continuation of current contracts.
(a) Commencing on the effective date of this ordinance. all proposed City contracts. as well as Request
for Proposals (RFP). Request for Qualifications (RFO). Requests for Letters of Interest (RFLI). or
bids issued be the City. shall incorporate this ordinance and specifY that debarment may constitute
grounds for termination of the cortract as well as disqualification from consideration on any RFP,
RFO. RFLI. or bid.
(b) The debarment shall take effect in accordance with the notice provided by the City Manager
pursuant to subsection 2-40S(h) below. except that if a City department has contracts or
subcontracts in existence at the time the contractor was debarred. the debarment period may
commence upon the conclusion of the contract. subject to approval of same be Snths vote of the
Mayor and City Commission at a regularly scheduled meeting.
(c) City departments may not renew or otherwise extend the duration of current contract or consent to
subcontracts with debarred contractors, unless the City Manager determines that an emergency
exists justifYing the renewal or extension or for an approved extension due to delay or time
extension for reasons beyond the contractor's control and such action is approved by Snths vote of
the Mayor and City Commission at a regularly scheduled meeting.
(d) No further work shall be awarded to a debarred contractor in connection with a continuing contract
where the work is divided into separate discrete groups and the City's refusal or denial offurther
work under the contract will not result in a breach of such contract.
Section 2-402. Restrictions on subcontracting.
(a) When a debarred contractor is proposed as a subcontractor for any subcontract subject to City
approval, the department shall not consent to subcontracts with such contractors unless the City
Manager determines that an emergency exists justifying such consent and the Mayor and City
Commission approves such decision by Snths vote at a regularly scheduled meeting.
(b) The City shall not be responsible for any increases in project costs or other expenses incurred by a
contractor as a result of rejection of proposed subcontractors pursuant to subsection 2-402(a)
above, provided the subcontractor was debarred prior to bid opening or opening of proposals,
where the contract was awarded be the City pursuant to an RFP, RFO, RFLI, or bid.
Section 2-403. Debarment.
(a) The Debarment Committee may, in the public interest debar a contractor for any of the causes
listed in this ordinance using the procedw'es outlined below. The existence of a cause for debarment
however, does not necessarily require that the contractor be debarred; the seriousness of the
contractor's acts or omissions and any mitigating factors should be considered in making any
debarment decision.
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(b) Debarment constitutes debarment of all officers, directors, shareholders owning or controlling
twenty. five (25) percent of the stock, par1ners, divisions or other organizational elements of the
debarred contractor, unless the debarred decision is limited by its terms to specific divisions,
organizational elements or commodities. The Debarment Committee's decision includes any existing
affiliates of the contractor if they are (1) specifically named and (ii) given written notice of the
proposed debarment and an opportunity to respond. Future affiliates of the contractor are subject
to the Debarment Committee's decision.
(c) A contractor's debarment shall be effective throughout City Government.
Section 2-404.
Causes for debarment.
(a) The Debarment Committee shall debar a contractor for a conviction or civil judgment,
(I) For commission of a fraud or a criminal offense in connection with obtaining attempting to
obtain, performing, or making a claim upon a public contract or subcontract or a contract
or subcontract fimded in whole or in part with public funds;
(2) For violation of federal or State antitrust statutes relating to the submission of offers;
(3) For commission of embezzlement, theft, forgeI)', bnbery, falsification or destruction of
records, making false statements, or receiving stolen property;
(4) Which makes the City the prevailing party in a legal proceeding and a court determines that
the lawsuit between the contractor and the City was frivolous or filed in bad faith.
(b) The Committee may debar a contractor, (and, limited instances set forth hereinbelow a Bidder or
Proposer) based upon a preponderance the greater weight of the evidence, for;
(1) Violation of the terms of a City contract or subcontract or a contract or subcontract funded
in whole or in part by City funds such as failure to perform in accordance with the terms of
one (1) or more contracts as certified by the City department administering the contract; or
the failure to perform or unsatisfactorily perform in accordance with the terms of one (I) or
more contracts, as certified by an independent registered architect engineer or general
contractor;
(2) Violation of a City ordinance or administrative order which lists debarment as a potential
penalty;
(3) Any other cause which affects the responsibility of a City contractor or subcontractor in
performing City worlc.
Section 2-405. Debarment procedures.
(a) Requests for the debarment of contractors may be initiated by a City Department or by a citizen-at
large and shall be made in writing to the Office of the City Manager. Upon receipt of a request for
debarment, the City Manager shall transmit the request to the Mayor and City Commission at a
regularly scheduled meeting. The Mayor and City Commission shall transmit the request to a person
BID NO: No. 27-01/02 crrY OF MIAMI BEAOI
DATE: 06114/02 69
or persons who shall be charged by the City Commission with the duty of promptly investigating
and preparing a written report(s) concerning the proposed debarment, including the cause and
grounds for debarment as set forth in this ordinance.
(b) Upon completion of the aforestated written report, the City Manager shall forward said report to
the Debarment Committee. The City's Procurement Office shall act as staff to the Debarment
Committee and, with the assistance of the City department person or persons which prepared the
report present evidence and argument to the Debarment Conmittee
( c) Notice of proposal to debar. Within ten working days of the Debarment Committee having
received the request for debarment and written report, the City's Procurement Office, on behalf of
the Debarment Committee shall issue a notice of proposed debarment advising the contractor and
any specifically named affiliates, by certified mail. return receipt requested, or personal service
containing the following information:
(1) That debarment is being considered:
(2) The reasons and causes for the proposed debarment in terms sufficient to put the
contractor and any named affiliates on notice of the conduct or transaction(s) upon which it
is based;
(3) That a hearing shall be conducted before the Debarment Committee on a date and time not
less than thirty (30) days after service of the notice. The notice shall also advise the
contractor that it may be represented by an attomey, may present documentary evidence
and verbal testimony, and may cross-examine evidence and testimony presented against it.
(4) The notice shall also describe the effect of the issuance of the notice of proposed
debarment, and of the potential effect of an actual debarment.
(d) No later than seven (7) working days, prior to the scheduled hearing date, the contractor must
finnish the City's Procurement Office a list of the defenses the contractor intends to present at the
hearing. If the contractor fails to submit the list, in writing, at least seven (7) working days prior to
the hearing or fails to seek an extension of time within which to do so, the contractor shall have
waived the opportwrity to be heard at the hearing. The Debarment Committee has the right to grant
or deny an extension of time, and for good cause, may set aside the waiver to be heard at the
hearing, and its decision may only be reviewed upon an abuse of discretion standard.
(e) Hearsay evidence shall be admissIble at the bearing but shall not form the sole basis for initiating a
debarment procedure nor the sole basis of any determination of debarment. The hearing shall be
transcribed, taped or otherwise recorded by use of a court reporter, at the election Committee and
at the expense of the City. Copies of the hearing tape or transcript shall be furnished at the expense
and request of the requesting party.
BID NO: No. 27-01102
DATE: 06114/02
COY OF MIAMI BEAOI
70
(f) Debarment Committee's decision. In actions based upon a conviction or judgment, or in which
there is no genuine dispute over material facts, the Debarment Committee shall make a decision on
the basis of all the Wldisputed material information in the administrative record, including any
undisputed, material submissions made by the contractor. Where actions are based on disputed
evidence, the Debarment Committee shall decide what weight to attach to evidence of record,
judge the credibility of witnesses, and base its decision on the prepondenance greater weight of the
evidence standard. The Debarment Committee shall be the sole trier of fact. The Committee's
decision shall be made within ten (10) working days after conclusion of the hearing, unless the
Debarment Committee extends this period for good cause.
(g) The Committee's decision shall be in writing and shall include the Committee's factual findings, the
principal causes of debarment as enmnerated in this ordinance, identification of the contractor and
all named affiliate: affected by the decision, and the specific term, including duration, of the
debarment imposed
(h) Notice of Debarment Committee's decision.
(1) If the Debarment Committee decides to impose debarment, the City Manager shall give tm
contractor and any named affiliates involved written notice by certified mail, return receipt
requested, or hand delivery, within ten (10) working days of the decision, specifYing the
reasons for debarment and including a copy of the Committee's written decision; stating the
period of debarment, including effective dates; and advising that the debarment is effective
throughout the City departments.
(2) If debarment is not imposed,the City Manager shall notifY the contractor and any named
affiliates involved ,by certified mail. return receipt requested. or personal service, within ten (10) working days of the decision.
(i) All decisions of the Debarment Committee shall be final and shall be effective on the date the notice
is signed by the City Manager. Decisions of the Debarment Committee are subject to review by the
Appellate Division of the Circuit Court. A debarred contractor may seek a stay of the debarment
decision in accordance with the Florida Rules of Appellate Procedure.
Section 2-406. Period of debarment.
(a) The period of debarment imposed shall be within the sole discretion of the Debarment Committee.
Debarment shall be for a period commensurate with the seriousness of the cause(s), and where
applicable, within the guidelines set forth below, but in no event shall exceed five (5) years.
(b) The following guidelines in the period of debarment shall apply except where mitigating or
aggravating circumstances justify deviation:
(I) For commission ofan offense as described in subsection 2404(aXI): five (5) years.
(2) For commission of an offense as described in subsection 2404(aX2): five (5) years.
(3) For commission of an offense as described in subsection 2404(aX3): five (5) years.
(4) For commission ofan offense as descnbed in subsection 2404(aX54): two (2) to five (5)
BID NO: No. 27-01102
DATE: 06114/02
crIY OF MIAMI BEAOI
71
years.
(5) For commission of an offense as described in subsections 2404(b Xl) or (2): two (2) to five
(5) years.
( c) The Debannent Committee may, in its sole discretion, reduce the period of debannent, upon the
contractor's written request for reasons such as:
(I) Newly discovered material evidence;
(2) Reversal of the conviction or civil judgment upon which the debannent was based;
(3) Bona fide change in ownership or management;
(4) Elimination of other causes for which the debannent was imposed; or
(5) Other reasons the Debannent Committee deems appropriate.
(d) The debannent debarred contractor's written request shall contain the reasons for requesting a
reduction in the debannent period, The City's Procurement Office, with the assistance of the
affected department shall have thirty (30) days from receipt of such request to submit written
response thereto. The decision of the Debannent Committee regarding a request made under this
subsection is final and non-appealable.
SECTION 2. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be
affected by such invalidity.
SECTION 3. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained
that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami
Beach, Florida. The sections of this ordinance may be renumbered relettered to accomplish such intention,
and the word "ordinance" may be changed to "section", "article," or other appropriate word.
SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION S. EFFECTIVE DATE.
This Ordinance shall take effect on the 3rd day of March.2oo0.
PASSED and ADOPTED this 23rd day of Februarv. 2000.
BID NO: No. 17-01/01
DATE: 06114/01
COY OF MIAM1 BEACH
72
ORDINANCE NO. 2002-3344
AN ORDINANCE OF TIlE MAYOR AND CITY COMMISSION OF TIlE CITY OF
MIAMI BEACH, FWRIDA, ESTABLISHING PROCEDURES FOR RESOLVING
BIDS (BIDS), REQUEST FOR PROPOSALS (RFP'S). REQUEST FOR
QUALIFICATIONS (RFQ'S), REQUEST FOR LETTERS OF INTEREST (RFU'S),
AND PURCHASE ORDERS BASED ON WRITTEN OR ORAL QUOTATIONS, BY
AMENDING CHAPTER 2 OF TIlE CODE OF THE CITY OF MIAMI BEACH
ENTI1LED "ADMINISTRATION"; BY AMENDING ARTICLE VI TIlEREOF
ENTITLED "PROCUREMENT'; BY CREATING SECTION 1-371 ENTITLED
"AUTHORITY TO RESOLVE PROTESTED BIDS AND PROPOSED AWARDS";
PROVIDING FOR SEVERABIUTY; PROVIDING FOR CODIFICATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, from time to time the City procures goods and services through Invitation for
Bids, Requests for Proposals, Requests for Qualifications, Requests for Letters of Interest. and
purchase orders based on written or oral quotations, in accordance with the public bidding
procedures set forth in Florida law and the Code of the City of Miami Beach (the "City Code");
and
WHEREAS, such process may lead to protested bids and proposed awards; and
WHEREAS, it is the intent of the Mayor and City Commission that procedural and technical
issues related to Invitations for Bids, Requests for Proposals, Requests for Qualifications,
Requests for Letters of Interest, and purchase orders based on written or oral quotations, be
decided by the City Manager and the City Attorney, and that their determinations with respect to
said procedural and technical issues shall be deemed final; and
WHEREAS, it is in the best interests of the City and all respondents to Invitations for Bids,
Requests for Proposals, Requests for Qualifications, Requests for Letters of Interest, and
purchase orders based on written or oral quotations, to have a clear and unequivocal procedure
for resolving such protests in a timely and expeditious manner.
NOW, mEREFORE, BE IT ORDAINED BY mE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows:
Section 1. There is hereby added to Article VI of Chapter 2 of the City Code a new
Section 2-371, which shall read as follows:
Section 2-371. Authority to Resolve Protested Bids and Proposed Awards.
(a) Right to Protest Any actual bidder, qualified proposer, or interested parties
(hereinafter collectively referred to as the "bidder") who has a substantial interest in,
and is aggrieved in connection with the solicitation or proposed award of, a request for
proposals ("RFP"), request for qualifications ("RFQ"),
request for letters of interest ("RFLI') or invitation for bid for goods and/or services
BID NO: No. 17-01/02
DATE: 06114101
COY OFMIAM1 BEACH
73
("hereinafter, collectively referred to as the bid") may protest to the City Manager or
his or her designee. Protests arising from the decisions and votes of any evaluation or
selection committee shall be limited to protests based upon alleged deviation(s) from
established purchasing procedures set forth in this Code, any written guidelines of the
Procurement Department, and the specifications, requirements and/or terms set forth
in any bid
(I) Any protest concerning the bid specifications, requirements, and/or tenDS
must be made within three (3) business days (for the purposes of this
ordinance, "business day" means a day other than Saturday, Sunday or a
national holiday), from the time the facts becorne known and, in any case, at
least two (2) business days prior to the opening of the. Such protest must be
made in writing to the City Mamger or his or her designee, and such protest
shall state the particular grounds on which it is based and shall include all
pertinent documents and evidence. No bid protest shall be accepted unless it
complies with the requirements of this section. Failure to timely protest bid
specifications, requirements and/or terms is a waiver of the ability to protest
the specifications, requirements and/or terms.
(2) Any protest after the bid opening, including challenges to actions of any
evaluation or selection COImlittee as provided in subsection (a) above, shall
be submitted in writing to the City Manager, or his or her designee. The City
will allow such bid protest to be submitted anytime until two (2) business days
following the release of the City Manager's written recommendation to the
City Commission, as same is set forth and released in the City Commission
agenda packet, for award of the bid in question. Such protest shall state the
particular grounds on which it is based and shall include all pertinent grounds
on which it is based, and shall include all pertinent documents and evidence.
No bid protest shall be accepted unless it complies with the requirements of
this section. All actual bidders shall be notified in writing (which may be
transmitted by electronic cormnunication, such as fucsimile transmission and/or
e-mail), following the release of the City Manager's written recommendation
to the City Commission.
(b) Any bidder who is aggrieved in connection with the solicitation or proposed
award of a purchase order based on an oral or written quotation may protest to the
City Manager or his or her designee anytime during the procurement process, up to
the time of the award of the purchase order, but not after such time. Such protest sha1l
be made in writing lI1d state the particular grounds on which it is based and shall
include all pertinent documents and evidence. No bid protest shall be accepted unless
it complies with the requirements of this section.
(c) The City may request reasonable reimbUrsement for expenses incurred in processillg
any protest hereunder, which expenses shall include, but not be limited to, staff time,
legal fees and expenses (including expert witness fees), reproduction of documents
BID NO: No. 27-01/01
DATE: 8&'14It1
COY OF MIAM1 BEACH
74
and other out-of-pocket expenses.
(d) Authority to Resolve Protests. The City Manager or his or her designee
shall have the authority to settle and resolve a protest concerning the solicitation or
award of a bid.
(e) Responsiveness. Prior to any decision being rendered under this Ordinance with
respect to a bid protest, the City Manager and the City Attorney, or their respective
designees, shall certifY whether the submission of the bidder to the bid in question is
responsive. The parties to the protest shall be bound by the determination of the City
Manager and the City Attorney with regard to the issue of responsiveness. +he
8etenninatieB efthe C~' Manager lIflti the City f.~' .,vi1h f8gani te all. pRlssliHral
lIflti teehRieal Rl8tters sRalI. h8 fiRal.
(f) Decision and Appeal Procedures. If the bid protest i; not resolved by mutual
agreement, the City Manager and the City Attorney, or their respective designees,
shall promptly issue a decision in writing. The decision shall specifically state the
reasons for the action taken and inform the protestor of his or her right to challenge the
decision. Any person aggrieved by any action or decision of the City Manager, the
City Attorney, or their respective designees, with regard to any decision rendered
under this section may appeal said decision by filing an original action in the Circuit
Court of the Eleventh Judicial Cin:uit in and for Miami-Dade County, Florida, in
accordance with the applicable court rules. Any action not brought in good faith shall
be subject to sanctions including damages suffered by the City and attorney's fees
incurred by the City in defense of such wrongful action.
(g) Distribution. A copy of each decision by the City Manager and the City Attorney
shall be mailed or otherwise furnished immediately to the protestor.
(h) Stay of Procuremeds During Protests. In the event of a timely protest under this
section, the City shall not proceed further with the solicitation or with the award
pursuant to such bid unless a written determination is made by the City Manager, that
the award pursuant to such bid must be made without delay in order to protect a
substantial interest of the City.
(i) The institution and filing of a protest under this Code is an adrninislrative remedy that
shall be employed prior to the institution and filing of any civil action against the City
concerning the subject matter of the protest.
(j) Protests not timely made under this section shaD be barred. Arrj basis or ground
for a protest not set forth in the letter of protest required under this section shall be
deemed waived.
(k) At the time the City Manager's written recommendation for award of a bid is
presented at a meeting of the Mayor and City Commission, the City Attorney, or his
BID NO: No. 17-01/02
DATE: 06114/01
COY OF MIAM1 BEACH
75
or her designee, shall present a report to inform the Mayor and City Commission of
any legal issues relative to any bid protest filed in connection with the bid in question.
(1) The determination of the City Manager and the City Attomev with regard to all
orocedural and technical matters shall be final.
Section 2. All ordinances, resolutions or parts thereof in conflict herewith be and the
same are hereby repealed.
Section 3. If any section, sentence, clause or phrase of this Ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then san holding shall in no way affect the
validity of the remaining portions of this Ordinance. It is the intention of the Mayor and City
Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this
Ordinance shall become and be made part of the Code of the City of Miami Beach, Florida, The
sections of this Ordinance may be renumbered or relettered to accomplish such intention, and the
word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 4. This Ordinance shall take effect ten (10) days after its adoption on the 19th day
of Januarv. 2002.
PASSED on First Reading this 19th day of December ,2001.
PASSED and ADOPTED on Second Reading this 9th day of Januarv . 2002.
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vaI1C11ty ot the remammg pomons ot tb1S untmance. it IS the mtentlOn
F lA'lTlMQlIll\RIlI()fIIlII)PIU.oOIZ ...
BID NO: No. 17-01/02
DATE: 06114101
COY OF MIAM1 BEACH
76
t .
AGREEMENT
THIS AGREEMENT rnade this 25th day of Septernber 2002, A.D. between the CITY OF
MIAMI BEACH, a Florida rnunicipal corporation, hereinafter called the City, which
term shall include its successors and assigns, party ofthe one part, and
F & L Construction Inc.
8095 West 21 It Lane.
Hialeah. Florida 33016
hereinafter called the Contractor, which term shall include its heirs, successors and assigns, party
of the other part.
WITNESSETH that the said Contractor for the consideration and cornpensation herein agreed to
be paid and the said City in consideration of the construction ofirnprovernents to be done by said
Contractor and designated "MIAMI BEACH CONVENTION CENTER BLEACHER
GUARD RAILING IMPROVEMENTS" by said City, do hereby rnutually agree as follows:
I. This Agreernent shall extend to and be obligatory upon said City, its successors and
assigns, and upon said Contractor and its heirs, successors and assigns. Neither this
Agreement nor any part thereof nor any part of the Work herein conternplated, shall be
assigned or sublet, nor shall any sums ofrnoney provided to be paid to said Contractor be
assigned by said Contractor to anyone without the consent of the City Commission of
said City evidenced by its resolution.
2. The foregoing pages of this booklet, including the Notice to Contractors, the Proposal,
and the Contract Docurnents and such alterations as rnay be rnade in said Plans and
Specifications as therein provided for, are hereby referred to and rnade a part of this
Agreernent and the terms and conditions set forth therein, except when in direct conflict
with this written Contract, are as rnuch a part hereof as if copied herein. If conflicts exist
between thern and this written instrument, only that part of the rnatter in direct conflict
herewith shall not be construed to be a part hereof.
3. The Contractor shall cornrnence work within seven (7) days of the Notice to Proceed and
shall construct and cornplete in a good and workmanlike manner the rnaterials herein
referred to, strictly in accord herewith the following:
3.1
3.2
Agreement
The Contractor shall be Substantially Completed with the Work within forty
five (45) calendar days after the date of the Notice to Proceed, and cornpleted
and ready for final payment within sixty (60) calendar days after the date of
the Notice to Proceed.
Damages - City and Contractor recognize that the City will suffer direct financial
loss if Work is not cornpleted within the Contract tirnes specified in paragraph 3.1
above (or alternate bid itern No. I, if awarded by City) plus any extensions thereof
allowed in accordance with Article 12 of the General Conditions. They also
recognize the delays, expense and difficulties involved in proving in a legal or
arbitration proceeding the actual loss suffered by Owner if the Work is not
cornpleted on tirne, and therefore tirne is of the essence. Accordingly, instead of
requiring any such proof Contractor agrees to forfeit and pay Owner as liquidated
damages for delay (but not as a penalty) the amount of Two Hundred Dollars
Paget of to
($200.00) for each calendar day that expires after the Contract Time
specified in paragraph 3.1 for Substantial Cornpletion until the Work is
substantially complete. After Substantial Cornpletion if Contractor shall neglect,
refuse, or fail to cornplete the rernaining Work within the Contract Tirne,
Contractor shall pay Owner Two Hundred Dollars ($200.00) for each calendar
day that expires after the time specified in Paragraph 3.1 for cornpletion and
readiness for final payment. These amounts represent a reasonable estirnate of
Owner=s expenses for extended delays and for inspection, engineering services
and administrative costs associated with such delay.
4. In such construction said Contractor shall furnish all implernents, rnachinery, equiprnent,
transportation, tools, materials, supplies labor, and other things necessary to the execution
and cornpletion of the Work, nothing being required of the City except that it rnay, at its
expense, supervise such construction and enter upon and inspect the same at all
reasonable tirnes.
5. If any dispute arises between the City and said Contractor with reference to the rneaning
or requirernents of any part of this Contract and they cannot agree, the rnore stringent
requirernents shall govern as determined by the City.
6. If the Contractor shall cornplete the construction herein contemplated in a good and
workmanlike rnanner within the tirne herein specified and in accord herewith, the said
City shall pay to the Contractor the contract sum in accordance with the Conditions of the
Contract. The City, by allowing Contractor to continue with said construction after the
tirne for its completion hereinbefore stated shall not deprive City of the right to exercise
any option in this Agreernent contained nor shall it operate to alter any other term of this
Agreernent.
7. The Contractor shall file with the Procurernent Director of said City of Miami Beach a
Performance and Labor and Material Payment Bond, each in the amount of 100 percent
of Contract Amount, in the form as set forth herein or as otherwise approved by the City
of Miami Beach City Attorney and shall be executed by said Contractor and Surety Agent
authorized to do business in the State of Florida.
8. The Contractor shall file Insurance Certificates, as required, and they rnust be signed by a
Registered Insurance Agent licensed in the State of Florida and approved by the City of
Miami Beach Risk Manager.
9. All docurnents shall be executed satisfactorily to said City and until Bonds and Insurance
Certificates have been filed and approved, this Contract Agreernent shall not be effective.
10. Owner shall pay Contractor for performance of the Work in accordance with the Contract
Documents in current funds at the lurnp sum or unit prices presented in the Bid Proposal,
attached to this Agreernent. The parties expressly agree that the Contract Price is a
stipulated surn except with regard to the iterns in the Bid which are subject to unit prices.
Contract Price:
$107.900.00
Agreement
Pale 2 oft 0
II.' The Contract Docurnents which cornprise the entire Agreernent between City and
Contractor are attached to this Agreement and rnade a part hereof.
The Contract Documents rnay only be amended, rnodified or supplernented as provided
in the General Conditions.
IN WITNESS WHEREOF the said City has caused this Agreernent to be signed by the Mayor
of the City of Miami Beach, Florida and its corporate seal to be affixed, attested by the City
Clerk of the City of Miami Beach and the said Contractor has caused this Agreement to be
signed it its name.
~tl1:t fcwL
City Clerk
F MIAMI BEACH
CONTRACTOR MUST EXECUTE TH ONTRACT AS INDICATED BELOW. USE
CORPORATION OR NONCORPORATION FORMAT, AS APPLICABLE.
[If incorporated sign below.]
(Corporate Seal)
[If not incorporated sign below.]
WITNESSES:
APPROVEOASTO
FORM & LANGUAGE
& FOR EXECUTION
~::CTOR
.; ,::-/ ap<j;r/2.~a;/f7AJ /;v~.
~(Name of CorporatIon)
By: ~~ B~,.,4/^--,
Signature)
~ l.. Ie; (9: /!;A 7J ~;- Iff..
(Print Name and Title)
-
~ day of AI r?J , 20 0 ';:a.---'
CONTRACTOR
(Name of Firm)
By:
(Signature)
(Print Name and Title)
_ day of
,20_.
Pale 3 oft 0
. ,
PERFORMANCE BOND
(This bond rneets and exceeds the requirernents of Florida Statutes Section 255.05)
Bond No. 5437857
STATE OF FLORIDA)
ss
COUNTY OF )
KNOW ALL MEN BY THESE PRESENTS that we, F & L Construction, Inc.
as Principal, hereinafter called Contractor, and
Great American Insurance Company as Surety, are firmly bound unto the City of Miami
Beach, Florida, as Obligee, hereinafter called the City, in the Penal sum of One Hundred Thousand
Dollars ($ 100,000.00 ), for the payment of which surn well and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,
firmly by these presents.
WHEREAS, Contractor, on the 25th day of September , 20~, entered into a
certain contract with the City, hereto attached, for BID#27-01/02, Entitled, "CONCRETE
CURBING/SIDEWALK CONSTRUCTION, AND THE PURCHASE OF ASPHALTIC
CONCRETEIRELATED MATERIALS, AND THE STRIPING OF CITY STREETS AND
PARKING LOTS" which Contract is rnade a part hereofby reference thereto.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that,
if the Contractor shall well and truly perform and fulfill all the undertakings, covenants, terms,
conditions and agreernents of said Contract, and all duly authorized rnodifications of said
Contract that may hereafter be rnade, notice of which rnodifications to the Surety being hereby
waived, then this obligation shall be void; otherwise to remain in full force and effect.
WHENEVER the Principal shall be and is declared by the City to be in default under the
Contract, or whenever the Contract has been terminated by default of the Contractor, the City
having performed the City's obligations thereunder, the Surety shall:
Agreement
1.
Cornplete the Contract in accordance with its terms and conditions, or at the City's
sole option.
2.
Obtain a Bid or Bids for submission to the City for cornpleting the Contract in
accordance with its terms and conditions, and upon determination by the City and
the Surety of the lowest responsible Bidder, arrange for a Contract between such
Bidder and the City, and make available as Work progresses (even though there
should be a default or a succession of defaults under the Contract or Contracts of
cornpletion arranged under this paragraph) sufficient funds to pay the cost of
cornpletion less the balance of the Contract price; but not exceeding, including
other costs and damages for which the Surety rnay be liable hereunder, the
amount set forth in the first paragraph hereof. The term "balance of the Contract
price" as used in this paragraph, shall mean the total amount payable by the City
to the Contractor under the Contract and any amendrnents thereto, less the amount
properly paid by the City to the Contractor.
PaRe 4 oft 0
No right of action shall accrue on this Bond to or for the use of any person or corporation
other than the City named herein or the successors or assignees thereof.
The Surety shall and does hereby agree to indemnify the City and hold it harmless of,
frorn and against any and all liability, loss, cost, damage or expense, including reasonable
attorneys fees, engineering and architectural fees or other professional services which the City
may incur or which may accrue or be irnposed upon it by reason of any negligence, default, act
and/or omission on the part of the Contractor, any Subcontractor and Contractor's or
Subcontractors agents, servants and/or employees, in, about or on account of the Construction of
the work and performance of said Contract by the Contractor.
This Bond shall rernain in full force and effect for such period or periods of time after the
date of acceptance of the project by the City as are provided for in the Contract Documents, and
the Contractor hereby guarantees to repair or replace for the said periods all work performed and
rnaterials and equiprnent furnished, which were not performed or furnished according to the
terms of the Contract Docurnents. If no specific periods of warranty are stated in the Contract
Documents for any particular itern of work, rnaterial or equiprnent, the Contractor hereby
guarantees the same for a rninirnum period of one (I) year frorn the date of final acceptance by
the City of the entire project.
Any suit on this bond rnust be instituted within such period or periods as rnay be provided
by law.
Agreement
PaleS oflO
IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their
appropriate officials of the 5th day of November ,2002
WITNESS:
PRINCIPAL:
(If sole Proprietor or partnership)
(Firm Name)
BY
Title: (Sole Proprietor or Partner)
~PAL (IfCorporatJDo)
r ~ L CAl$TR(/a7/dA/~.
(Corpora e) .
~~~L'u/~
(CORPORATE SEAL)
SURETY:
(Copy f Agent's current
License as issued by State
of Florida Insurance
Commissioner
By:
Michael Bonet
(Power of Attorney must be attached)
CERTIFICATES AS TO CORPORATE PRINCIPAL
Agreement
Page6oflO
---
, d()t.../I/ C4T/:571f ' certify that I am the Secretary of the Corporation named as
:;;;---
Principal in the foregoing bond; th~ ~ut1 (;13A71 ~7A who signed the said bond on behalf of
the Principal, was then p.e i: 5/ i) P: ~ of said Corporation; that I know his signature, and
his signature hereto is genuine; and that said bo duly si ed, sealed, and attested for and in
behalf of said Corporation by authority of its vemi g bod .
Corporate
Seal
STATE OF FLORIDA)
55
COUNTY OF )
Miami-Dade
Before rne, a Notary Public, duly cornrnissioned, qualified and acting, personally appeared
Michael Bonet to rne well known, who being by rne first duly sworn upon oath, says
that he is the Attorney-in-Fact, for the Great American Insurance Compal8Jld that he has been
authorized by Power of Attornev to execute the foregoing bond on behalf of the
Contractor named therein in favor of the City of Miami Beach, Florida.
Subscribed and sworn before rne this 5th day of November , 20~ A;D.
(Attach Power of Attorney) II <8-A, ~ 1 ~ "~
NOtary ~blic
State of Florida-at-Large
My Commission Expires:
........" Dole A. Tysinger-Bells
tJiJ;~ MY COMMISSION' CC782180 exPIRES
~ : . November 17, 2002
'<it1'''';' IlONllEOlHRUl1lOYfAIIIINSURANCf, \NC.
',RI'",tO
Agreement
Pale 7 or 10
A DEPARTMENT OF lNSURANCE
. I ..:;....-~;:'~1liQ,..:!,-':,,~.>:...,.-:-
'KI :.liirtd<< lOET
.' '/- ~\"..: ,::..:c. t.;o. A-0956=9\
;W'!SlJ:T TH(
.SSESOF INS.URA~r;E:
'~f:t#'. & Cas. 1,-,;.)
- ~fi"'-": 0,0"1"'"
iSSi6:i\'a3/1SB.z
745459
-EFFECTIVE 4-1-9'. IN.. 'RANCE COMPANIES
NO LONGER liCENSE REPRESENTATIVE AGENTS
THERE IS NO liCENSE DISTRIBUTED THAT MAV
eE COPIED. INTERESTED PERSONS MAV CAlL
THE DEPARTMENT Of tHSURNfCE AT:
,'~ (90~) 4eO-:S9G3
"
.
.
.
GREAT AMERICAN INSURANCE COMPANY
Administrative Office: 580 WALNUT STREET. CINCINNATI, OHIO 45202 . 513-369-5000 . FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than
No.a
17581
THREE
KNOW ALL MEN BYTHESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing
under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and
lawful attorney-in-fact. for it and in its name. place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings
and contracts of suretyship, or other written obligations in the nature thereof; for all obligees including any and all consents required by the
Department of Transportation, State of Florida. incident to the release of retained percentages and/or final estimates; provided that the liability of
the said Company on any such bond. undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
POWER OF ATTORNEY
Name
MIrnAEL BONET
KAREN LYNN DEBARDAS
DALE A. BELIS
Address
ALL OF
MIAMI, FIDRIDA
Limit of Power
ALL
UNLIMITED
This Power of Attorney revokes all previous powers issued in behalf of the attomey(s)-in-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its
appropriate officers and its corporate seal hereunto affixed this 11th day of July ,2002
Attest GREAT AMERICAN INSURANCE COMPANY
(['71
----.
/ j /",1
j,
"
/
---, -
:r-------
\ \ II 'I"U! ~i' I{ '(,'1',
I ) I ~ i \ II .11, ,i \ <. 1'1, II \ I, I' I' i ~ ' \ !ill' 1/ .I
DOUGLAS R. BOWEN (513-369-3811)
STATE OF OHIO, COUNTY OF HAMILTON - ss:
On this 11th day of July, 2002 . before me personally appeared DOUGLAS R. BOWEN, to me
known, being duly swom. deposes and says that he resides in Cincinnati, Ohio. that he is the Divisional Senior Vice President of the Bond Division
of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said
Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By-Laws of
said Company. and that he signed his name thereto by like authority.
MAUREEN DOUGHERTY
NOTARY PUBLIC, STATE OF OHIO
MY COMMISSION EXPIRES 08-12-06
~~~~~
This Power of Attomey is granted by authority of the following resolutions adopted by the Board of Directors of GreatAmerican Insurance
Company by unanimous written consent dated March 1, 1993.
RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or anyone of them, be
and hereby is authorized, from time to time, to appoint one or more Attomeys-in-Factto execute on behalf of the Company. as surety, any and all
bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the
respective limits of their authority; and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant
Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond.
undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted
by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the
same force and effect as though manually affixed.
CERTIFICATION
I. RONALD C. HAYES, Assistant Secretary of Great American Insurance C6mpany;db hereby certify that the foregoing Power of
Attorney and the Resolutions of the Board of Directors of March 1. 1993 have not been revoked and are now in full force and effect.
S&- day of No'le.,vn bel
Signed and sealed this
cW~
--.,
.i\\'/I'III/1I Sc'<.n'i(UI
S 1157E (03/01)
Assistant Secretary
BOND NO.:
CONTRACTOR NAME:
CONTRACTOR ADDRESS:
CONTRACTOR PHONE NO.:
SURETY COMPANY:
SURETY ADDRESS:
SURETY PHONE NO.:
OWNER 1 NAME:
OWNER 1 ADDRESS:
OWNER 1 PHONE NO.:
OWNER 2 NAME:
OWNER 2 ADDRESS:
OWNER 2 PHONE NO.:
BOND AMOUNT:
CONTRACT NO. (if applicable)
DESCRIPTION OF WORK:
PROJECT LOCATION:
LEGAL DESCRIPTION:
Pavment BOND
(Public Work)
The provisions and limitations of Florida Statute 255.05
are incorporated herein by reference
5437857
F & L Construction, Inc.
8095 NW 2151 Lane
Hialeah, FL 33016
305-362-7277
Great American Insurance Company
2701 Maitland Center Parkway, Suite 125
Maitland, FL 32751
407-667-0022
City of Miami Beach, FL
City Hall 1700 Convention Center Drive
Miami Beach, FL 33139
305-673-7495
$100,000.00
Bid No. 27-01102
Concrete Curbing/Sidewalk Construciton and the purchase of
Ashpaltic concrete/related rnaterials and the striping of city
Streets and parking lots
Various Locations within the City of Miami Beach
Miami Dade County, FL
None Available
FRONT PAGE
All other Bond page(s) are deerned subsequent to this page regardless of any page nurnber(s) that rnay be
pre-printed thereon.
LABOR AND MATERIAL PAYMENT BOND
(SECTION 2SS.0S, FLA. STAT.)
BY THIS BOND, We, F & L Construction, Inc. , as Principal, and
Great American Insurance Comp~corporation, as Surety, are bound to the City of Miami Beach,
Florida, as obligee, herein called City, in the sum of $ 100,000.00
for the
payment of which we bind ourselves, our heirs, personal representatives, successors and assigns,
jointly and severally.
THE CONDITION OF THIS BOND is that if Principal:
Promptly rnakes payments to all clairnants, as defined in Section 255.05 (I), Fla. Stat.,
supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in
the prosecution of the work provided for in the contract; and
Pays City all losses, damages, expenses, costs, and attorney's fees, including appellate
proceedings, that the City sustains in enforcernent of this bond.
Performs the guarantee of all labor and rnaterials furnished under the contract for the time
specified in the contract, then this bond is void, otherwise it remains in full force.
Any changes in or under the contract documents and cornpliance or noncornpliance with any
formalities connected with the contract or the changes does not affect Surety's obligation under
this bond.
The provisions of Section 255.05, Fla. Stat., are specifically adopted by reference and made a
part hereof for the purposes specified therein.
The contract dated 9/25/02
Bond by reference.
between the City and Principal is made a part of this
Clairnants are advised that Section 255.05, Fla. Stat., contains notice and tirne lirnitation
provisions which rnust be strictly cornplied with.
Agreement
Page 8 oflO
IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be
executed by their appropriate officials of the 'it- h day of
November , 2002
WITNESS:
(Copy f Agent's current
License s issued by State
of Florida Insurance By:
Commissioner
Agreement
PRINCIPAL:
(If sole Proprietor or partnership)
(Firm Name)
BY
Title: (Sole Proprietor or Partner)
PRINCIPAL (If Corporation)
7teV(!!. 7/ FA) / N'C, .
SURETY:
(Power of Attorney must be attached)
Page 9 DflO
CERTIFICATES AS TO CORPORATE PRINCIPAL
~Io ,/C) C1!Mr.-s7fJ, certify that I am the Secretary of the Corporation
named as Principal in the foregoing bond; t~v..vt:> Gb~;.IS'~ho signed the said
bond on behalf of the Principal, was then .fJR'3~/~ ';;llJlor said Corporation;
that I know his signature, and his signature hereto is genuine; and that said bond was duly
signed, sealed, and attested for and in behalf of said Corporation by authority of its
ss
Corporate
Seal
governing body.
STATE OF FLORIDA)
COUNTY OF )
Before me, a Notary Public, duly commissioned, qualified and acting, personally
appeared Michael Bonet
to rne well known, who being by rne first duly
sworn upon oath, says that he is the Attorney in Fact, for the Great American Insurance Company
and that he has been authorized by
Power of Attornev
to execute the
foregoing bond on behalf of the Contractor named therein in favor of the City of Miami
Beach, Florida.
Subscribed and sworn before rne this 5th
day of November
,20~
A.D.
(Attach Power of Attorney)
J~)~~ .
~_~~4~
Not Public
State of Florida- at-Large
Dale A. Tysinger-Belis
. . ': MY COMMISSION # CC782180 EXPIRES
My commIssIon Ex : j November 17.2002
- ..?';;""'-'. BONDED THRU TROY FAIN INSURANCf.INC.
''fI..,.''
Agreement
Pale 10 oftO
,OF INSURANCE
i:t,,:_'>~::_->">
'~'.' ,eqET.~ "^"~
'. h-;c. ~, /'tUOUV'-" I
'WHSACT m
'-. "OF UlS,URA~r;E:
. ,'M1P. & Cas. Irs.)
.-",-
EFFECT IVE 4-1-91, IN._ 'RANCE COMPANIES
NO LONGER LICENSE REPRESENT ATlVE AGENTS
THERE IS NO LICENSE DISTRIBUTED THAT MAY
eE COPIED. INTERESTED PERSONS MAY CALL
THE DEPARTMENT Of INSURANCE AT:
(90.)400-3903
:",
.
.
.
GREAT AMERICAN INSURANCE COMPANY
Administrative Office: 580 WALNUT STREET. CINCINNATI, OHIO 45202 . 513-369-5000 . FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than
THREE
POWER OF ATTORNEY
No.O 17581
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing
under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and
lawful attorney-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings
and contracts of suretyship, or other written obligations in the nature thereof; for all obligees including any and all consents required by the
Department of Transportation, State of Florida, incident to the release of retained percentages and/or final estimates; provided that the liability of
the said Company on any such bond. undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name
MIOfAEL BONET
KAREN LYNN DEBARDAS
DALE A. BELlS
Address
ALL OF
MIAMI, FIDRlDA
Limit of Power
ALL
UNIJMITED
This Power of Attomey revokes all previous powers issued in behalf of the attomey(s)-in-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its
appropriate officers and its corporate seal hereunto affixed this 11th day of Jul V ,2002.
Attest GREAT AMERICAN INSURANCE COMPANY
((;;J
------.
/), rJ
/
)~
\,\!'....,,'IiI')(I;(!;..,
f )/1 i \ I, "/"! \, Iii r Ii ~ II I j' I ( \!i /I'!II
DOUGLAS R. BOWEN (513-369-3811)
STATE OF OHIO, COUNTY OF HAMILTON - ss:
On this llth day of July, 2002 , before me personally appeared DOUGLAS R. BOWEN, to me
known, being duly swom, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division
of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said
Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By-Laws of
said Company, and that he signed his name thereto by like authority.
."".
(~l
,~,..;::.,.....'
MAUREEN DOUGHERTY
NOTARY PUBLIC. STATE OF OHIO
MY COMMISSION EXPIRES 08-12-06
~-~~~
This Power of Attomey is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance
Company by unanimous written consent dated March 1, 1993.
RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or anyone of them, be
and hereby is authorized, from time to time, to appoint one or more Attorneys-in-Fact to execute on behalf of the Company, as surety. any and all
bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the
respective limits of their authority; and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant
Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond,
undertaking. contract or suretyship. or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted
by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the
same force and effect as though manually affixed.
CERTIRCATlON
I, RONALD C. HAYES, Assistant Secretary of Great Ameriea'rt-Insurance Company, do hereby certify that the foregoing Power of
Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect.
Signed and sealed this 5~ day of ~6\.(.e..tY\ber
(O)~
---.,
\\'i(q<lIIl.\I'It"c,'un
S 1157E (0310"
Assistant Secretary