John Moriarty & Associates of Florida, Inc Contract00600. CONTRACT:
CONTRACT
THIS IS A CONTRACT, by and between the City of Miami Beach, a political
subdivision of the State of Florida, hereinafter referred to as City, and John Moriarty &
Associates of Florida, Inc., hereinafter referred to as Contractor.
W I T N E S S E T H, that Contractor and City, for the considerations hereinafter
named, agree as follows:
ARTICLE 1
SCOPE OF WORK
Contractor hereby agrees to furnish all of the labor, materials, equipment
services and incidentals necessary to perform all of the work described in the Contract
Documents and related thereto for the Project.
ARTICLE 2
CONTRACT TIME
2.1 Contractor shall be instructed to commence the Work by written instructions in
the form of a Standing Order issued by the City's Procurement Director and a
Notice to Proceed issued by the Contract Administrator. Two (2) Notices to
Proceed will be issued for this Contract. Contractor shall commence scheduling
activities, permit applications and other preconstruction work within five (5)
calendar days after the Project Initiation Date, which shall be the same as the
date of the first Notice to Proceed. The first Notice to Proceed and Purchase
Order will not be issued until Contractor's submission to City of all required
documents (including but limited to: Payment and Performance Bonds, and
Insurance Certificate) and after execution of the Contract by both parties.
2.1.1. The receipt of all necessary permits by Contractor and acceptance of
the full progress schedule in accordance with technical specifications
section, submittal schedule and schedule of values is a condition
precedent to the issuance of a second Notice to Proceed to mobilize on
the Project site and commence with physical construction of the work.
The Contractor shall submit all necessary documents required by this
provision within twenty-one (21) calendar days of the issuance of the
first Notice to Proceed.
2.2 Time is of the essence throughout this Contract. This project shall be
substantially completed within three hundred and sixty-five (365) calendar
days from the issuance of the second Notice to Proceed, and completed and
ready for final payment in accordance with Article 5 within thirty (30) calendar
days from the date certified by Consultant as the date of Substantial Completion.
2.3 Upon failure of Contractor to substantially complete the Contract within the
specified period of time, plus approved time extensions, Contractor shall pay to
City the sum of one thousand dollars ($1,000) for each calendar day after the
time specified in Section 2.2 above, plus any approved time extensions, for
Substantial Completion. After Substantial Completion should Contractor fail to
complete the remaining work within the time specified in Section 2.2 above, plus
approved time extensions thereof, for completion and readiness for final
payment, Contractor shall pay to City the sum of one thousand dollars ($1,000)
for each calendar day after the time specified in Section 2.2 above, plus any
approved extensions, for completion and readiness for final payment. These
amounts are not penalties but are liquidated damages to City for its inability to
obtain full beneficial occupancy and/or use of the Project. Liquidated damages
are hereby fixed and agreed upon between the parties, recognizing the
impossibility of precisely ascertaining the amount of damages that will be
sustained by City as a consequence of such delay, and both parties desiring to
obviate any question of dispute concerning the amount of said damages and the
cost and effect of the failure of Contractor to complete the Contract on time.
The above-stated liquidated damages shall apply separately to each portion of
the Project for which a time for completion is given.
2.4 City is authorized to deduct liquidated damages from monies due to Contractor
for the Work under this Contract or as much thereof as City may, in its sole
discretion, deem just and reasonable.
2.5 Contractor shall be responsible for reimbursing City, in addition to liquidated
damages, for all costs incurred by Consultant in administering the construction of
the Project beyond the completion date specified above, plus approved time
extensions. Consultant construction administration costs shall be pursuant to the
contract between City and Consultant, a copy of which is available upon request
of the Contract Administrator. All such costs shall be deducted from the monies
due Contractor for performance of Work under this Contract by means of
unilateral credit change orders issued by City as costs are incurred by Consultant
and agreed to by City.
ARTICLE 3
THE CONTRACT SUM
n This is a Unit Price Contract:"
3.1 City shall pay to Contractor the amounts determined for the total number of each
of the units of work completed at the unit price stated in the schedule of prices
bid. The number of units contained in this schedule is an estimate only, and final
payment shall be made for the actual number of units incorporated in or made
necessary by the Work covered by the Contract Documents.
3.2 Payment shall be made at the unit prices applicable to each integral part of the
Work. These prices shall be full compensation for all costs, including overhead
and profit, associated with completion of all the Work in full conformity with the
requirements as stated or shown, or both, in the Contract Documents. The cost
of any item of work not covered by a definite Contract unit price shall be included
in the Contract unit price or lump sum price to which the item is most applicable.
[ X ] This is a Lump Sum Contract:*
3.1 City shall pay to Contractor for the performance of the Work described in the
Contract Documents, the total price stated as awarded.
3.2 Payment shall be at the lump sum price stated in the Contract. This price shall
be full compensation for all costs, including overhead and profit, associated with
completion of all the work in full conformity with the requirements as stated or
shown, or both, in the Contract Documents. The cost of any item of work not
covered by a definite Contract lump sum should be included in the lump sum
price to which the item is most applicable.
*Note: Some Projects include both unit prices and lump sums in which case both
sections shall apply to the Work identified for each type of Contract.
ARTICLE 4
PROGRESS PAYMENTS
4.1 Contractor may make Application for Payment for work completed during the
Project at intervals of not more than once a month. Contractor's application shall
show a complete breakdown of the Project components, the quantities completed
and the amount due, together with such supporting evidence as may be required
by Consultant. Contractor shall include, but same shall be limited to, at
Consultant's discretion, with each Application for Payment, an updated progress
schedule acceptable to Consultant as required by the Contract Documents and a
release of liens and consent of surety relative to the work which is the subject of
the Application. Each Application for Payment shall be submitted in triplicate to
Consultant for approval. City shall make payment to Contractor within thirty (30)
days after approval by Consultant of Contractor s Application for Payment and
submission of an acceptable updated progress schedule.
4.2 Ten percent (10%) of all monies earned by Contractor shall be retained by City
until Final Completion and acceptance by City in accordance with Article 5
hereof, except that after ninety percent (90%) of the Work has been completed,
the Contract Administrator may reduce the retainage to five percent (5%) of all
monies previously earned and all monies earned thereafter. Any reduction in
retainage shall be in the sole discretion of the Contract Administrator, shall be
recommended by Consultant and Contractor shall have no entitlement to a
reduction. Any interest earned on retainage shall accrue to the benefit of City.
All requests for retainage reduction shall be in writing in a separate stand alone
document.
4.3 City may withhold, in whole or in part, payment to such extent as may be
necessary to protect itself from loss on account of:
4.3.1 Defective work not remedied.
4.3.2 Claims filed or reasonable evidence indicating probable filing of claims
by other parties against Contractor or City because of Contractor's
performance.
4.3.3 Failure of Contractor to make payments properly to Subcontractors or
for material or labor.
4.3.4 Damage to another contractor not remedied.
4.3.5 Liquidated damages and costs incurred by Consultant for extended
construction administration.
4.3.6 Failure of Contractor to provide any and all documents required by the
Contract Documents.
When the above grounds are removed or resolved satisfactory to the Contract
Administrator, payment shall be made in whole or in part.
ARTICLE 5
ACCEPTANCE AND FINAL PAYMENT
5.1 Upon receipt of written notice from Contractor that the Work is ready for final
inspection and acceptance, Consultant shall, within ten (10) calendar days, make
an inspection thereof. If Consultant and Contract Administrator find the Work
acceptable, the requisite documents have been submitted and the requirements
of the Contract Documents fully satisfied, and all conditions of the permits and
regulatory agencies have been met, a Final Certificate of Payment (Form 00926)
shall be issued by Consultant, over its signature, stating that the requirements of
the Contract Documents have been performed and the Work is ready for
acceptance under the terms and conditions thereof.
5.2 Before issuance of the Final Certificate for Payment, Contractor shall deliver to
Consultant a complete release of all liens arising out of this Contract, receipts in
full in lieu thereof; an affidavit certifying that all suppliers and subcontractors have
been paid in full and that all other indebtedness connected with the Work has
been paid, and a consent of the surety to final payment; the final corrected as-
builtdrawings; and the final bill of materials, if required, and invoice.
5.3 If, after the Work has been substantially completed, full completion thereof is
materially delayed through no fault of Contractor ,and Consultant so certifies,
City shall, upon certificate of Consultant, and without terminating the Contract,
make payment of the balance due for that portion of the Work fully completed
and accepted. Such payment shall be made under the terms and conditions
governing final payment, except that it shall not constitute a waiver of claims.
5.4 Final payment shall be made only after the City Manager or his designee has
reviewed a written evaluation of the performance of Contractor prepared by the
Contract Administrator, and approved the final payment. The acceptance of final
payment shall constitute a waiver of all claims by Contractor, except those
previously made in strict accordance with the provisions of the General
Conditions and identified by Contractor as unsettled at the time of the application
for final payment.
ARTICLE 6
MISCELLANEOUS
6.1 This Contract is part of, and incorporated in, the Contract Documents as defined
herein. Accordingly, all of the documents incorporated by the Contract
Documents shall govern this Project.
6.2 Where there is a conflict between any provision set forth within the Contract
Documents and a more stringent state or federal provision which is applicable to
this Project, the more stringent state or federal provision shall prevail.
6.3 Public Entity Crimes
In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a
person or affiliate who is a contractor, consultant or other provider, who has been
placed on the convicted vendor list following a conviction for a public entity crime
may not submit a bid on a contract to provide any goods or services to the City,
may not submit a bid on a contract with the City for the construction or repair of a
public building or public work, may not submit bids on leases of real property to
the City, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with the City, and may not transact
any business with the City in excess of the threshold amount provided in Section
287.017, Florida Statutes, for category two purchases for a period of 36 months
from the date of being placed on the convicted vendor list. Violation of this
section by Contractor shall result in cancellation of the City purchase and may
result in Contractor debarment.
6.4 Independent Contractor
Contractor is an independent contractor under this Contract. Services provided
by Contractor pursuant to this Contract shall be subject to the supervision of
Contractor. In providing such services, neither Contractor nor its agents shall act
as officers, employees, or agents of the City. This Contract shall not constitute or
make the parties a partnership or joint venture.
6.5 Third Party Beneficiaries
Neither Contractor nor City intends to directly or substantially benefit a third party
by this Contract. Therefore, the parties agree that there are no third party
beneficiaries to this Contract and that no third party shall be entitled to assert a
claim against either of them based upon this Contract. The parties expressly
acknowledge that it is not their intent to create any rights or obligations in any
third person or entity under this Contract.
6.6 Notices
Whenever either party desires to give notice to the other, such notice must be in
writing, sent by certified United States Mail, postage prepaid, return receipt
requested, or by hand-delivery with a request for a written receipt of
acknowledgment of delivery, addressed to the party for whom it is intended at the
place last specified.
The place for giving notice shall remain the same as set forth herein until
changed in writing in the manner provided in this section. For the present, the
parties designate the following:
For Ci
Charles Carreno, CIP Director
Capital Improvements Projects (CIP) Office
777 17t Street, 3' Floor
Miami Beach Florida 33139
With copies to:
City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
For Contractor:
John Leete. Executive Vice President
John Moriarty & Associates of Florida, Inc.
1942 Tyler Street
Hollywood, Florida 33020
6.7 Assianment and Performance
Neither this Contract nor any interest herein shall be assigned, transferred, or
encumbered by either party. In addition, Contractor shall not subcontract any
portion of the work required by this Contract except as authorized by Section 27
of the General Conditions. Contractor represents that all persons delivering the
services required by this Contract have the knowledge and skills, either by
training, experience, education, or a combination thereof, to adequately and
competently perform the duties, obligations, and services set forth in the Scope
of Work and to provide and perform such services to City's satisfaction for the
agreed compensation.
Contractor shall perform its duties, obligations, and services under this Contract
in a skillful and respectable manner. The quality of Contractor 's performance
and all interim and final product(s) provided to or on behalf of City shall be
comparable to the best local and national standards.
6.8
6.9
6.10
6.11
Materiality and Waiver of Breach
City and Contractor agree that each requirement, duty, and obligation set forth in
these Contract Documents is substantial and important to the formation of this
Contract and, therefore, is a material term hereof.
City's failure to enforce any provision of this Contract shall not be deemed a
waiver of such provision or modification of this Contract. A waiver of any breach
of a provision of this Contract shall not be deemed a waiver of any subsequent
breach and shall not be construed to be a modification of the terms of this
Contract.
Severance
In the event a portion of this Contract is found by a court of competent jurisdiction
to be invalid, the remaining provisions shall continue to be effective unless City or
Contractor elects to terminate this Contract. An election to terminate this
Contract based upon this provision shall be made within seven (7) days after the
finding by the court becomes final.
Applicable Law and Venue
This Contract shall be enforceable in Miami-Dade County, Florida, and if legal
action is necessary by either party with respect to the enforcement of any or all of
the terms or conditions herein exclusive venue for the enforcement of same shall
lie in Miami-Dade County, Florida. By entering into this Contract, Contractor
and City hereby expressly waive any rights either party may have to a trial
by jury of any civil litigation related to, or arising out of the Project.
Contractor, shall specifically bind all subcontractors to the provisions of
this Contract.
Amendments
No modification, amendment, or
herein shall be effective unless
the same or similar formality as
Contractor.
6.12 Prior Agreements
alteration in the terms or conditions contained
contained in a written document prepared with
this Contract and executed by the Board and
This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters
contained herein and the parties agree that there are no commitments,
agreements or understandings concerning the subject matter of this Contract that
are not contained in this document. Accordingly, the parties agree that no
deviation from the terms hereof shall be predicated upon any prior
representations or agreements, whether oral or written. It is further agreed that
no modification, amendment or alteration in the terms or conditions contained
herein shall be effective unless set forth in writing in accordance with Section
6.11 above.
IN WITNESS WHEREOF, the parties have set #heir hands and seals the day and
year first above written.
ATTE T: THE CITY OF MIA BE CH
~~
City Clerk M or
Contractor MUST EXECUTE THI5 CONTRACT AS INDICATED BELOW. USE
CORPORATION OR NONCORPORATION FORMAT, AS APPLICABLE.
[If incorporated sign below.]
Contractor
ATTEST:
Ca~LJ~- L4. ~,~p~.~v~
(Secretary}
(Corporate Seal)
(If not Incorporated sign below.]
WITNESSES:
ay:
ontractor
(Name of Firm}
By:
(Signature)
(Print Name and Title)
day of , 20_
CITY REQUIRES FOUR (4) FULLY-EXECUTED CONTRACTS, FOR DISTRIBUTION.
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APPROVED AS TO
FORM & LANGUAGE
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00708. FORM CERTIFICATE OF INSURANCE
A form Certificate of Insurance will be attached here.
BID NO: 21-08/09 CITY OF MIAMI BEACH
DATE: April 6, 2009 79
DATE(MM/DD/YYYY)
A CORDrM CERTIFICATE OF LIA BILITY INSURANCE 06/10/2009
PROnucER
Aon Risk services, Inc. of Massachusetts THIS CER'ClF'ICATE [S ISSUED AS A MATTER OF INFORMATION ONLY
One Federal Street AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
Boston MA 02110 USA CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE
COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAIC #
PHONE- 866 283-7122 FAX- 847 953-5390
rnsuRED wsuRERn: Liberty Mutual Fire Ins Co 23035
John Moriarty & Associates, Inc. IxsuaER6: Liberty Insurance Corporation 42404
of Florida Inc
1942 Tyler St INSURER C: Everest National Insurance Co 10120
Holl
wood FL 33020 u5A
y INSUaERD: Allied world Assurance Company (us) Inc 19489
INSURER E-
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO "I'HE INSURED NAMED ABOVE, FOR THE POLICY PERIOD INDICATED. NO'LWI"FHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHIG H THIS CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN,'LHE INSURANCE AFFORDED BY THE POLICIES DESCRIBED H EREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANU CONDITIONS OF SUCH POLICIES.
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE AS REQUESTED
INSR
LTR ADD'
INS
TVPE OF INSURANCE
POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION
LIMITS
DATE(MM\DD\YY) D.4TE(MM\DD\YY)
A ENERAL LIABILITY 762611257933028 10/31/08 10/31/09 EACH OCCURRENCE $2,000,000
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $Z 50 , 000
PREMISES (Ea occurence)
CLAIMS MADE ~ OCCUR M Anv one person)
PERSONAL & ADV INJURY $ Z , 000 , 000
GENERAL AGGREGATE $4,000,000
GEN'L AGGREGATE LIMIT
PPLIES PER
A
:
PRODUC'TS -COMP/OP AGG
$4 , 000 , 000
^ POLICY ~ PRO- ^
X LOC'
JECT
A AUTOMOBILE LIABILITY g5Z611257933018 10/31/0$ 10/31/09
COMBINED SINGLE LIMIT
X ANY AUTO (Ea accident) $1, 000 , 000
ALL OWNED AUTOS
BODILY INJURY
SCHEDULED AUTOS ~ (Per person)
X
X HIRED AUTOS
NON OWNED AUTOS i
~
/f~
~
BODILY INJURY
(Per accident)
X Gomprehensi ve Ded. $500 ~ PROPERTY DAMAGE
X collision Deductible $500
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT
ANY"AUTO
e OTHER THAN EA AC'C
AUTO ONLY:
AGG
C EXCESS /UMBRELLA LIABILITY 7108000172081 10/31/0$ EACH OCCURRENCE , ,
OCCUR ^ C'LAIMS MADE AGGREGATE $10,000,000
DEDUCTIBLE
RETENTION
WORKERS COMPENSATION AND wq7 D 5
WC' STATU-
OTH-
EMPLOYERS' LIABILITY T RY LI ER
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1,000,000
OFFICERiMEMBER EXCLUDED? E. L. DISEASE-EA EMPLOYEE $1,000,000
If yes, describe under SPEC'[AL PROVISIONS E.L. DFSEASE-POLICY LIMIT $1, 000, 000
below
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHIC'LESiEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Project: Normandy Shores. City of Miami Beach is included as additional insured with respect to general liability
where required by written contract.
Cl ty Of Miami Beach
1700 Convention Center Drive SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE C'ANCELLEU BEFORE THE 4:XPIRATION
Ml dml Beach FL 33139 USA DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO M1IL
3U DAYS WRITTEN NOTICE TO THE CERTIFJC'ATE HOLDER NAMED TO THE LEFJ,
BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE ~~~«" °~~~a+~~'•~~ gG~AGaaeae/s~raalle-
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Attachment to ACORD Certificate for John Moriarty & Associates, Inc.
The terms, conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the coverage
afforded by the insurer(s). This attachment does not contain all terms, conditions, coverages or exclusions contained in the policy.
INSURED
John Moriarty & Associates, inc.
of Florida Inc
1942 Tyler st
Hollywood FL 33020 USA
INSURER
INSURER
INSURER
INSURER
INSURER
ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD
certificate form for policy limits.
INSR
LTR ADD'L
INSRD
TYPE OF INSURANCE POLICY NUMBER
POLICY DESCRIPTION POLICY
EFFECTIVE
DATE POLICY
EXPIRATION
DATE
LIMITS
EXCESS LIABILITY
p sT00815001 10/31/08 10/31/09 A99regate
815,000,000
Each
occurrence
X15,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHIC'LES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Certificate No : 570034929978
TO: Jeannette Sichtermann
Jeannette Sichtermannna,ars.aon.com
Vincent Ze ers(cr~ars.aon.com
Barbara~iscitelli(c~ars.aon.com
COMPANY: Aon Risk Services Central, Inc
Policy Number: 121 1 19544 001
Re:
FROM: Jim Norman
Jim.Norman(n~ace-ina.com
DATE SENT: 06/12/2009
PHONE: 312-775-7901
John Moriarty & Associates of Florida, [nc. Subs, and City of Miami
Thank you for submitting the captioned account. Please review this Binder carefully as the terms and conditions may
be different than requested.
This binder is valid for 60 days from the date send. Kindly contact me after that time and contact me with any questions
you may have.
Effective Date: 06/12/2009
Expiration Date: 06/12/2010
Company: ACE American Insurance Company -Admitted
Coverage: Builder's Risk
Coverage Form(s): ACE Builders Risk XTRA Coverage Form BB-SW60b (10-2005)
Covered Perils: Risks of direct physical loss or damage subject to the terms, conditions and exclusions in the polio
forms and as specified below excluding Earth Movement and Named Storm windstorm, but
including Flood.
Valuation: Replacement Cost
Coinsurance: None.
Job Site Location: 2401 Biarritz Drive, Miami Beach, FL 33141
foisted Masonry, 1 story building 6,416 sf, and an exterior covered terrace /entrance porch 1,685 sf,
exterior asphalt parking area with drainage and access driveways with sidewalks, ramps and entry
Construction: ways around the building.
Intended Occupancy: Club House
Page 1 of 4
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Limits of
Insurance: All covered causes of loss in any one occurrence: $2,200,000
Sublimity:
Covered Property at Scheduled Location:
Covered Property While in Transit:
Covered Property While at Temporary Location(s):
Debris Removal:
Pollutant Cleanup (Aggregate Limit):
Fire Department Service Charges:
Valuable Papers and Records:
Installed Trees and Shrubs per item:
Installed Trees and Shrubs per occurrence:
Water Damage, Other Liquids, Powder or
Molten Material Damage:
Sidewalks, Curbs, Gutters, Streets or Parking Lots:
Expediting Expense:
Soft Costs Coverage:
Loss of Rents Coverage:
Business Income Coverage:
Earth Movement in any One Occurrence:
Earth Movement Annual Aggregate:
Flood in any One Occurrence:
Flood Annual Aggregate:
$2,200,000
$250,000
$250,000
$ 25,000
$ 25,000
$ 25,000
$ 25,000
$ 250
$ 25,000
$ Included in Policy Limit
$ 25,000
$ 10 ,000
Not Covered
Not Covered
Not Covered
$Not Covered
$Not Covered
$ 2,200,000
$ 2,200,000
Sublimity of Insurance are part of and not in addition to the overall occurrence limit of insurance.
Page 2 of 4
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Deductibles:
Earth Movement: Not Covered
Flood: $500,000 per occurrence
Soft Costs: Not Covered
Business Income: Not Covered
Loss of Rents: Not Covered
All Other Covered Causes of Loss: $ 5,000
Extensions: If construction is not complete by the expiration date listed above and an extension is requested and
approved, we may change terms, conditions and rates.
Premium:: $20,000
TRIA Premium: rejected
Total Minimum Premium: $20,000
Any applicable taxes, surcharges or countersignature fees etc. are in addition to the above stated
premium.
Commission: 15%
Page 3 of 4
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Subject to our loss control inspection and insured's compliance with mandatory
Terms & recommendations, if any.
Conditions:
Mandatory All policy form exclusions including, but not limited to Pollution & Contamination,
Exclusions and Asbestos, Electronic Data/Cyber risk, Mold/Fungus, and Nuclear, Biological and
Amendments: Chemical exclusions.
Remarks: Attached please find a Disclosure Notice required by the Federal Terrorism Risk
Insurance Extension Act of 2007 ("Extension Act"). The premium charge for the
terrorism coverage is set forth on the Disclosure Notice. This forms part of the overall
premium stated above for the Company's participation.
Please be advised that we do not review Certificates of Insurance issued by you, or by any
party, relating to this policy of insurance either for content or accuracy. Accordingly, we
request that you do not provide copies of certificates to us for review or for our records.
Authority is granted to you for the limited purpose of issuing unmodified ACORD
Certificates (ACORD 25-5 for Casualty and ACORD 24 for Property and Inland
Marine) only. [t is your responsibility to see that any Certificate provides an accurate
representation of the coverage form and endorsements applicable to this policy at the time
the Certificate is issued. Any modification of the approved ACORD forms specifically
set forth above, or the issuance of anon-approved Certificate of Insurance ACORD
or other is prohibited. Certificates of Insurance may only be issued as a matter of
information. You have no authority by virtue of a Certificate or otherwise, to amend,
extend or otherwise alter coverage afforded under this policy. Certificates of Insurance
are never recognized as endorsements or policy change requests. You must submit a
separate written request if an endorsement or policy change (including but not limited to
adding additional insureds, loss payees and mortgagees and/or alteration of notice
requirements for cancellation) is requested. In the event a policy change is requested, the
underwriter will advise if the request is acceptable to the Company.
Page 4 of 4
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FRONT PAGE
CONTRACTOR'S PERFORMANCE AND PAYMENT BOND
(Public Work)
Bond No.: 012015393
Contractor Name: John Moriarty & Associates of FL., Inc.
Contractor Address: 1942 Tyler Street, Hollywood, FL 33020
Contractor Phone No.: (954) 920-8550
Surety Company: '' Liberty Mutual Insurance Company
Owner Name: City of Miami Beach
Owner Address: 1700 Convention Center Drive, Miami Beach, FL 33139
Owner Phone No.: 305-673-7610
(If different from property
Owner, or Dual Obligee)
Obligee Address: Same as above
Obligee Phone No.: Same as above
Bond Amount: $2,127,870.00
Contract No. (if applicable) #21-08/09
Description of Work: Contract #21-08/09 Construction Improvements for the City of
Normandy Shores Golf Course Club House, Miami Beach, FL
Project Location:
Legal Description: Various
This Bond has been furnished to comply with the requirements of F.S. 255.05. This bond is hereby amended such that
all provisions and limitations, including conditions, notice and time limitations of F.S. 255.05 are incorporated herein by
reference. Any provision of this bond which conflicts with or purports to grant broader or more expanded coverage in
excess of the minimum of the applicable statute shall be deemed deleted herefrom. This bond is a statutory bond, not a
common law bond.
This is the front page of the Performance/Payment Bond(s) regardless of preprinted numbers on other pages
issued in compliance with Florida Statufe 255.05.
n/share/bonds/frontpag
Bond No. 012015393
00710. FORM OF PERFOR~IJANCE BOND
BY THIS BOND, We John Moriarty & Associates of FL., Inc. as Principal,
hereinatiercalied Contractor ,and Liberty Mutual Insurance Company ~ ~ Surety, are bound
to the City of Miami Reach, Florida, as Obligee, heretnalter calved City, in the amount of
Two Million One Hundred Twenty Seven Thousand 2,127,$7.00
Eght Hundred Seventy and 001100 Dollars ($, __) for the payment whereof Contractor
and Surety bind themselves, their heirs, executors, admkllstrators, successors and assigns,
Jolntlyr and severally.
WHEREAS, Contractor has by wriften agreement entered Info a Contract, BidlContract
No.: 21-08/09 ,awarded the 13th day ~ MaY , 20 09 ,with Gity
which Contract Documents are by reference incorporated herein and made a part hereof, and
specifically include provision for liquidated damages, and other damages identified, and for the
purposes of this Bond are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that ff Contractor
1. Perfomu the Contract between Contractor and City for construction of
* the Contract being made a
part of this Bond by reference, at the times and in the manner prescribed in the Contract;
and * Construction Improvements for the City of Normandy Shores Golf Course Club House
2. Pays City all bsses, liquidated damages, expenses, costs and a#torney's fees indudtng
appe8ate proeeedklgs, that City sustains as a result of default by Contractor under the
Contract; and
3. Performs the guarantee of alt work and mater~ls famished under the Contract for the
time specified kt the Contract; then THIS BOND IS VOID, OTWERWISE IT REMAINS IN
FULL FORCE AND EFFECT.
Whenever Contractor shall be, and declared by City to be, in default under the Contract,
City having performed City obligations thereunder, the Surety may promptry remedy the
default, or shall promptly: .
3.9. Complete the Project in accordance with the terms and conditions of the
Contract Documents; or
3.2. Obtain a bid or bids for completing the Protect in accordance with the terms
and conditions of the Contract Documents, and upon determination by Surety
of the lowest responsible Bidder, or, if Cily elects, upon determination by City
and Surety jointly of the lowest responsible Bidder, arrange for a contract
between such Bidder and City, and make available as work progresses (even
though there should be a default or a succession of dafaulb under the Contras
FORM OF PERFQ(2MANCE BONA (Continued)
BtD No: 21-08109 CITY OF MIAMI BEACH
DATE: Apr118, 2009 B0
or Contracts of comptetiori arranged under this paragraph) sufficient funds to
pay the cost of oomptation less the balance of the •Cor~tract Prig; but not
exceeding, including other costs and damages for which the Surety may be
liable hereunder, the amount set forth (n the first paragraph hereof. The term
"balance of the Contract Price," as used in this paragraph, shell mean the total
amount payable by City to Contractor under the Contract and any
amendments thereto, less the amount properly paid by City to Contractor
Na r+ght of action shalt accrue on this bond to or for the use of any person or corporation
other than City named herein.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompiiancs with any formalities connected
with the Contract or the changes does not affect Surety's obligation underthis Bond.
Signed and sea~d this 9th day ~:~ June 20 09
ylliTNESSES: John Moriarty & Associates of FL. Inca
~~ (!Name of Corporation)
Secretary ~~- By:
(Signs
(CrJFtf'ORATE SEAt_)
(17rint Name and tie)
IN THE PRESi^I~Ci= OF: INSURANCE t',~?MPANY:
~~~~ ' CG4~.,~_ ~ Liberty Mutp~ Insurance company
+~ A
ay. Z
'
act •'auset; Lupsr<i
ent and Attorney -
~,,, ~ ~,)
~.ff~iQL~.-~k-~-1-~~4~~ Attorney-Ir.-~ act
Ave., Ste. 340
Address: 75 Second
)
Needham He~ghtrts~,tMA 02494
(CitylState/Zip Code}
781-449-0013
Telephone fdo.:
r
Countersigned By: --
Peter F. Jones, Licensed Resident ent for the State of Florida
BID N0: 21-08109 CITY OF MIAMI SEAGH
DATE: April 6, 2Q09 81
2446386
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to
the extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON, MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance
company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint
THOMAS BEAN, SUSAN LUPSKI, GERARD S. MACHOLZ, CAMILLE MAITLAND, ROBERT T. PEARSON,
RITA SAGISTANO, GEORGE O. BREWSTER, ALL OF THE CITY OF GARDEN CITY, STATE OF NEW YORK ...........
...............................................................................................................................................................................................
each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its
undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding
""""'"`**"'"" "'`'`**` DOLLARS ($ 250,000,000.00*"*"* )each, and the
:es and other surety obligations, in pursuance of these presents, shall be as binding upon the
Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following By-law and Authorization:
ARTICLE XIII -Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the
chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make,
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such
attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their
signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be
as binding as if signed by the president and attested by the secretary.
By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact:
Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby
authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and
deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of
Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 21st day of November ,
C y LIBERTY MUTUAL INSURANCE COMPANY
Qj O
c ~, By~ -~ i,/_ ~~
C ~ Garnet W. Elliott, Assistant Secretary
~ : COMMONWEALTH OF PENNSYLVANIA ss --
~ ~; COUNTY OF MONTGOMERY
By ~
David M. Carey, Assi . fit Secretary
4
~F~
t
,:.,
4: ~ _./
On this 21st day of November 2008 ,before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged
that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above
Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation.
~~~,"~-,
IN TESTIMONY WHF~3~~ 'V~ ~rsunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year
~ayCa=;x +'3 O ...
first above written ~ ~~' ~ °' ~
v~~;5 ~.~ ~ C~P~~sa~~T"i ?titJ~~YS.11Aiy4A
a° f°~ r'~1 . h a t~3'g ~.tt7sf7 B
~~~ ~~t~
r y ~, y
~~ ~ ~ ~ ~~~~ ~,~ ~ Ter sa Pastella, Notary Public
P` 4~v: ~~~, ~. a'+YvvVZ. C"6.~t;t'£=b SdPFYt # < s^ °~:Et:F3 .~ .1<^aP3?I~b
~.~~x~~~
CERTIFICATE ~.~ ~
I, the undersigned, Assista `secretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing
is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the
said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Articls
XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company.
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a
certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company
with the same force and effect as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this 9th day of
June , 20~_ . ~
ACKNOWLEDGEMENT OF PRINCIPAL - IF A CORPORATION
STATE OF :~~.Cic~C1.....1.} SS
COUNTY OF.~f.-t.1~..r,C:ISG.'l.}
On this... -J. !.~ ............... day of...~SJ,~ ........,off.. -~-~'I . before me personally appeared
•~~~1 ~ ..~ .~~ .................. to be known, who, being by me dul sworn, did de o`~e and y; that he/she
Fesides at ................................. that he/she is the Es:.t61.~.,. ~... ..
:... t1.3`.'I~.~~c~C :~~~~ ~=a=G?C. the corporation described in and which executed the within insurance
instrument; that lie/she knows the seal of said corporation; that the seal affixed to said instrument is such
corporate seal; that is was so affixed by the Board of Directors of said corporation; and that hefshe signed
his/her name thereao by like order.
~,CKNOWLEDGEMENT FOR PRINCIPAL, IF LIMITED LIABILITY COMPAIJY
STATE OF .........................} SS
COUNTY OF .......................}
On this ............................. day of .............................---...., ................ before me personally
appeared .......................................................................... to me known and known to me to be the
...........................................................of .............................................---..........................., a
Limited Liability Company, described in and who executed the foregoing insurance instrument and acknowledged to me
that he/she executed the foregoing insurance instrument and acknowledged to me that he/she executed the same as and for
the act and deed of said Limited Liability Company.
ACKNOWLEDGMENT OF SURETY COMPANY
STATE OF . , ,New York } SS
COUNTY OF ...Nassau , . ,
... }
June 9, 2009 Susan Lupski
On this ................................. before me personally came..................................................
to me known, who, being by me duly sworn, did depose and say; that he/she resides in
Nassau County ., State of ....New York .......at he/she is the Attorney-In-Fact
............................
of the ......4iberty Mutual Insurance Company .........................the corporation described in which executed the
above instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such
corporate seal; that is was so affixed by order of the Board of Directors of said corporation; and that he/she
signed his/her name thereto by like order; and the affiant did further depose and say that the Superintendent of
Insurance of the State of New York, has, pursuant to Section 1111 of the Insurance Law of the State of New
York, issued to ............ l.ihertX M.utual.lnsuranc~ company ..............................(Surety) his/her certificate of
qualification evidencing the qualification of said Company and its sufficienc any law of the State of
New York as surety and guarantor, and the propriety of acceptin ov' it as such; and that such
certificate has nog: been revoked.
GRACE ACKERSON Notary 11C
Notary Public, State of New York
No. OlAC6111590
NY acknowledgment Qualified in Nassau County
Commission Expires June 14, 2012
a~,r„I Tema-I t~, uw roar sae ~ ~r~ uw~ u~wm I,,.wan« c>~wnt
LIABILITIES, SURPLUS AND OTHER rrUNDS
- ---- -- - --- --- -~ - --I -
- _ ____ _
-~_- _~rrenl Year Prrar Year
I. tL55C] (?:n Z5, Lare 7;, Ctumn 6
- -~ -~ -
2. Re~mwaxe Dayeda rn Dad lwas arw bsn adjuwnm, n.psnaa 12,661 675J5E 12591.762757
J. lava utMenl
a amenaea (Pen iA. lin<75. Calamn 9 '2046125 106,915131
a. Commvcm
^+ Daf-nMt, anongrnl mmm'mran end olM enter dter0<s 2488 4]5556
2.SR,655,tr6
i Cktr ezpmea (vd,gFy :ivea, kxnae aM fersl 96 0976N3 134 988,81 d
fi Sa+e z. 9mxet arM leee (e~cLn9 redera' ana loagn nrs~ne aQa 790,527.655
at1,N6.B91
7.1 CummkOerd and bre
qn raceme larss (N~ry S 0 on reap r~mlN gam (IDUef 11 t5E.823,74a
36
150.630.676
.1 lae~ otmrred laarowar .105.175
6' Fwraw.aJ mmeyl 490 file eM :m ~.at e~.~emf 145]1 ~
9. UneamM prem:~ma (Par11A L'na 7!. Cdlmn 5) (efler eoMcOng tayemae pramiiana br cedeC 5(75212 1,515.126
.....
reu~suanm olf 7,178.736,515 ane ~tlWtag uamnly rasami dS q
lo. Ptlvarax Draetirm -. 3320,719.e]7 7
,679E~,193
t I. f>h4k Ja CMarM aM pnpatl:
11
1 SlotlUtdder e0,012,65f I
J9596,JB0
.
a
111 PvlicyNCbetp .. ......
12. Ceeee muaranu per;pvnb wYeme (rat a<t lrg mnmubnt. t,196A56
.... 12
.. ~Z661
+J. P,,,da~
M m^R~am7 tndr tei~muan¢ Oaeoas IOmedWe F, Pon 3. Cdumn t 91 e5a,nas,>rs
... este7s,ua
.. .
11. nmwna wnnat! nr rnarce W maoenv~ acmes r Dmem .... t,eo7z71,oe1
.. I,e7e.lei76p
.. -
ts. RememneeeaM M1ertm na abtalea ..... - .. Iss,703129 ...63243111E
t0. Awsu ba,tietaarcz fSCheNeF. van 7) _..~. ... _. __ _ _ _.. ~.
...... ..
17. Ntl .... ...... ...
aepnunems n assets aN lmbdiies olaa b kro
ryn aadun9e rams 73$87,&71 119,583561
.... ... ..
IS OrAn DUatandng .... ...... ...... ... .. ...
... .... . .....
' "' -
I9. FHame b DaretA. aubreanes and eINWIM ...... ... - 292,965,747
....... -
..
.... 296,358
_ _.
A. S`aNat br tewr~tiea ..... ................. .. 72 TS 12
A. A
e/a~1,~Ee.
.
_ _.... _.._
_.
n. uaamrbrarno-.rm n.b we« rn«euroa p.m . _. .... _. IsIS7 2
.97.
. ..
?LEe3,e9s
zz cw'al waa f ... o rod oeeren Unrtepn s .. .. ... _ _ ....
o ...
_. ..
._
71 Aggregam mllartefv liaa9ties ~ - ... .. ... . ... .. ... .. .....
..._......_...........
71. iaW ...... ..................
Moel94s edWylg promUed Deq IamYBea (Llros I IMVUpn 231 a959363b
,
769,a3
25. vratmta a9laDWlea . .... ... .. .... ..
....... ... ..?;215,055.769 ... _??A05,901.61E
........ ...
26. iwl fnb184t (UnN ll arq 251 .... .. .. ... .......... '
n. - . .......
. ..... ..... ..... ...
~94roWm ntlla+aa br SDeG*al tuTlua firaada ......... . 22 15ASe 768
h 9a 19
2a. comn,aacwn,lsbac ss~,uiS~L 91e.e7s4o2
... _.._."_........
29. vMbnO caD1a1 tlpef _ ........... . ,t0,000A00
"_
10.000.000
...........
70. M9te0~aaasins kr o9Hr Wnep«ial axvSs M1aaa .... .. ... ...
.
31. 9u0M noes . .................. ...... . ....... .. ........ . ..?750.000 ..... .........1250.000
.
3L G6ass ..~.........
paN In avq coNrblaled aorta _ .. - ... _ .....
.............
.. _ ...682,071.090
.
.
....
.......69!596,161
33. ~+alipbaLM3pRrglm) ...................................... ........ . ...... <,?2s,?r?.?e5 .... !.6!a..9sl.in
K. lea .. ........ .......
.... .... ..
Veanry tmdl, BI WK ............... ..
. ... 2,13,9r2E>,174
. .
....
..... 0.612.252,216
34.1 ... ... O, anamt tOnfitln (S'aYl btlOdldb Unl75 f
...... .........
sae
_ .... nape t++ta ialsaaaa In l;m 1A s
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35
59r{'ut az aa4arhWllliKSnb93,ku34)(Paya 1.LM ..
~
H. iaak (Pgaz 1n: 26.Ctl. 31
.. • ...... .. .. ... ••... .. 10 732179 11523299.95/
DF'fNL9 OF Y/RITE4N LINE9
_
2301. Otlw9ah01iGe .
7307. FNroaclM rtinsuvrct nudvn .................... ....... .. .. ......... . ... ... .. ..... ...4249/7876 .. ... .379,171,978
2703. 1nnuNa load urNx uannx+e ..
.. ..... !~?. .. f153?,574,740) ....
..... ......... ....__ 1 731 709 036
I
(•
.... ....
2190. 6umelaryaromaYlip.laain br lire 239an ovanlar pe8e
..... 591.997.189
... 566100 7
........
.....
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257229359
2101_ sQ,D,I
. ... ,!a.ptu imi. nlr?.dr. rt,Mu~anu 7esw
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........
.....
....__ _.
................
3001. Gnpa9116Rd. 907921571 919 9101
............ .
3002. ...._........-.. _ ........ ..... ..... 1250.
..... ..............
.. , .649 ............ J,?6?A9o
3003. ..... .. ...
.... ..... ...........
.....................
..
3099. Oamq ..................
. ........ ......... ..... .. .......
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1
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bgt0ao- aalt refaad earr5 abW1a 0rcpartyd9u W0 RPo'Sep erMt, heeanerLarkom eery fam atla4ro Mann aaaplaalwd•taad. anQ9rtl 0ea rttlrlsy
~__.._ .. 9F and taBSataGon aMMrnmm~N. arnmedo M.~..aw a, ta._..._+..__.... .._ ._...
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1. Qanba anMf
Cbi«andMa eneN PrnManla GEO ~ 7' 7.
mal vn. ~.d>r4`1 s~ IRriw vice 9rtaken. a Tro,etaer
ae(
- SufaWgane remobebro me Na - [4~•
- hd data ,z101 3(' ~ ~ ~!Ey ''•:,. a.mlhla an aylnd 8'm97 (%IYet I INo _.
p e. n m: t. wm me.ewnan.n wnar
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Annual Statement fa the year 20v8 of ~^~P Liberty Mutual Insurance Company
ASSETS
~,rrarl vo_, - -7--
I
Assets 2
Nona dmine~
1>SS2LS 3 ~, v,4,a
Ne: AnmiJe~;
Assets wet ~LdmiUea
(Cols. l • 21 Ass¢{s
1. Bonds(SU+edtile0)
2. Stocks tSchedtde D): 77,057,669.507
t 7,057,669,501
75,335.083.671
2.1 Pre7erred stocks
2.2 Commonslocks 757,319,706
757,379,706
322,986839
3. Mortgage loans rN real estate (Schedule 8): 7,879,613,320 309.742.0)0 7,570477.320 7,377.050.947
i_1 c~Kl l~e;5
3.2 Other than first liens 548,091,252 548.091.252 A29.255,70t
4. Real estate (Schedule A):
4.1 IhoperlleS occupied by the company (lass $ 0 encumbrances) 425
989
666
4.2 Propenles held for the producilon of Inoome (less $ 0 encumbrances) ,
,
7
039
982 425,989.166 418,561,083
4.3 Propedie5 held Sor sale (less $ 0 encrmbrancs) ,
, 1,039.982 1,069,882
5. ~~ (3 175,663,037, SchedWe E .Pan 11, cash equivalents {3 123,333,313,
Schedule E -Part 2), and stwn•{erm investments ($ 1,050,309,166, Schedule DA; 1
349
305
516
6. Contract loans (including 5 0 premium rsolas) ,
,
, 7.349,305.516 828,119,827
7. 01her invested assets (Schedule 13A)
8. Receivables fOr seariGes 5,132,261,123 971910 5,131,343213 4,642,652,171
9. Aggregate wrile•ir7s for Invested assets 2,9.056 2,859,056 13,535,760
10. Subtotals, rash and invested assets (Lines 1 l0 9)
11. TiOa entsiess S
p ... 0 charged off (tor T'4Se insurers only) 27.154,154,622
~ 310,085,910
...... T6,844,p88,712
.. 29,368,315,281
12. investment income due and accrued
13. Wremiums and consideratlons~ 140,188,757
.
.... 1x0,188.757 175,281,336
13,1 Urwnleeted premiums and agents' balances In the course of coderdio
n
13.2 DaSened emiums,
fx agents balances and inslal4nents booked bvt deterred
1,087,061,486
15,162262
~ ~ ~
1,077,899,224
928,137,397
and not yetdue (including $ ... .. 0 earned but unbilled premiums) 5
594
927J50
13.3 Acau77d reVOSpedlve premiums _ _
,
, 1,594,927,150 1,638,534,970
14. Rai7surance: 404,104,551 40410,454
., 363,694,D97 38?,689,632
14.1 Amounts recoverable Irom reinsurers
..
'
142 Funds f7eld by pr deposited vvN7 reinsured companies ~ 300,803
... ..... ...
560,300.803
685,885,885
14.3 Olheramountsreceivableunderrelnwranceconirecis 17,294,633 17,294,633 28,022,871
15. Amounts receivade relating to uninsured plans
16.1 Curtenl lederet and foreign income lax recoverable and interest thereon
~ 177,917
2802
1?5,315
159.994
161 Net deferred lax asset 118948 060
'
17. Guargnly forces receivable w on deposit ~ 1469501,048. 622,710,792 848,790,258 630,160,137
.....
18. Elaolronic data pl»eessing equipment end software 3Z 559 328
' •
32 559,328 ..
29 552,d5B
19. Funllure end a
gtdpment, lnduding he9lth care delivery assets ($ ~) 289 ~ d47 239,393,443 50 291,004 ~ 49 406,529
.
20. Nel adjustment in assets and Ilabilities due b forel~n exchange rates 82645 678 82,845.678
21. Receivabes from parent, subsidiaries and aNtlieles
(
22. lieadh care 5 0}and other amaunls receivable .355,899,160 3,740,554 312,158,606 238,286,862
23. Aggregate write-ins far other then Invested assets
.....,.. .
24. Iota! assets exdudng Separate Aarounls,
Se9re9aled Accounts and . 767441418 52,021 117 715,420 301 550 843,268
Protected Ce! Accounts (lines 1010 23}
25. From S ass .
e4ar Aticounls, 5eglegated P,oeouMs and Protected Cet4 Accourhs 33,915,940,998 _1,356,152,812. , • 32 549,768,586 34,829,204,572
26. Tvta! ir7es 24 and 25
33 915,940 998 1,366,152.812 32 549 788,186 34,829.204.57?
OF WWTE•IN ONES
0902. .... ...... ....... ..
..
.............
0903.. . .
..
.
.............
........
...................................
0998. Surt7maryoln;mainingwrik-In;iortb7e981romaref4owpage
. .. ..
0999. Totals Ines 0901 Ihr h 0903 sus 0998 Lira 09 above
2301. gtlterassess
...
..
02. Cash surtender value life irtturanoa
. 206,481.848 40,884,448 185,597,198
2303. EQui4es and deposits in pools and assaia0ons 348,631,523
..
~
48 631,523
•
04 685,583
2396. Summary of remaining write-ins for Late 231rom overflow pa
e 36.042,093 ... ... 36,042,093 32,235.326
g
2399. Totals n mac nn1 rw.,,Mti 4orY, ..._ ~•,~o, „ ~ 176285,156 11,136;668 165 too ear .,a ,ate ~r-.
FRONT PAGE
CONTRACTOR'S PERFORMANCE AND PAYMENT BOND
(Public Work)
Bond No.: 012015393
Contractor Name: John Moriarty & Associates of FL., Inc.
Contractor Address: 1942 Tyler Street, Hollywood, FL 33020
Contractor Phone No.: (954) 920-8550
Surety Company: Liberty Mutual Insurance Company
Owner Name: City of Miami Beach
Owner Address: 1700 Convention Center Drive, Miami Beach, FL 33139
Owner Phone No.: 305-673-7610
(If different from property
Owner, or Dual Obligee)
Obligee Address: Same as above
Obligee Phone No.: '' Same as above
Bond Amount: $2,127,870.00
Contract No. (if applicable) #21-08/09
Description of Work: Contract #21-08/09 Construction Improvements for the City of
Normandy Shores Golf Course Club House, Miami Beach, FL
Project Location:
Legal Description: Various
This Bond has been furnished to comply with the requirements of F.S. 255.05. This bond is hereby amended such that
all provisions and limitations, including conditions, notice and time limitations of F.S. 255.05 are incorporated herein by
reference. Any provision of this bond which conflicts with or purports to grant broader or more expanded coverage in
excess of the minimum of the applicable statute shall be deemed deleted herefrom. This bond is a statutory bond, not a
common law bond.
This is the front page of the Performance/Payment Bond(s) regardless of preprinted numbers on other pages
issued in compliance wifh Florida Statute 255.05.
n/share/bonds/frontpag
Bond No. 012015393
00720. FORM OF PAYMENT BOND
BY THIS BOND, We John Moriarty & Associates of FL., Inc. as Prlndpal,
hereinafter called Contractor .and Liberty Mutual Insurance Company ~ as Surety, are bound
to the City of Miami Beach, Florida, as Obligee, hereinafter tailed City, In the amount of
Two Million One Hundred Twenty Seven Thousand /_ @ aII,~
Eight Hundred Seventy and 00/100 Dollars ($ 2,127,870'00 ~ faC U1e payment whereof
Contractor and Surety bind themselves, their heirs, executors, admtnistra#ors, successors and
assigns, jointly and severally.
WHEREAS, Contrador has by written agreement entered into a Contract, Bid/Contract
No.: 21-08/09 .awarded the 13th day of . May , 20 09 , with City
which Contract Documents are by reference Incorporated herein and made a part hereof, and
specifically include provision for Iiquldated damages, and other damages identified, and for the
purposes of this Bond are hereafter referred to as the "Contract"; Construction Improvements for the City
of Normandy Shores Golf Course Club House
THE CONDITION OF THIS BOND is that ifi Contractor
1. Pays City all losses, liquida#ed damages, expenses, costs and attorney's fees including
appellate proceedings, that Clty sustains because of default by Contractor under the
Contract; and
2. Promptly makes payments to all claimants as defined by Florida Statute 2.ri5.05(1) for all
labor, materials and supplies used directly or indirectly by Contractor in the performance
of the Contract;
THEN Contractor 'S OBLIGATION ShiALL 8E VOID; OTHERWISE, !T SHALL REMAIN
IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING
CONDITIONS:
2.1. A claimant, except a Faborer, who is no# in privity with Contractor and who has
not received payment for its tabor, materials, or supplies shall, within forty-five
(45) days after beginning to furnish labor, materials, or supplies for the
prosecution of the work, fumish to Contractor a notice that he intends to took
th the bond for protection.
22. A claimant who is not in privity with Contractor end who has not received
payment for its labor, materials, or supplies shall, within ninety (90) days after
performance of the labor or after complete delivery of the materials or supplies,
deliver to Contractor and to the Surety, written notice of the performance of the
labor or delivery of the materiaRs or supplies and of the nonpayment.
2.3. No action for the labor, materials, or supplies may be instituted against
Contractor or the Surety unless the notices stated under the preceding
conditions (2.1) and (2.2) have been given.
BID N0: 21-OBfOB C11Y OF MIAMI BEACH
L1ATE: April 8, 2009 B2
2.4. Any action under this Bond must be instituted in accordance with the Notice
and Time Limitations provlslons prescalbed in Section 285.05{2), Fiorlda
Statutes.
The Surety hereby waives notice of and agrees that any changes In or under the
Contract Docurnentg and compllanoe or noncompliance with any formalities connected
with the Contract or the changes does not aflaa the Surety's obligation under tl-is Bond.
Signed and sealed this 9th day of,_ June 20 09
o r or
ATTEST: John Moriarty & Associates of FL., Inc.
{Name o C oration)
(51~cretary) {Sig ure)
~~1 f l L~~ , ~X ~C . V \C~ 'P~t~'~ .
(Carporate Seal) (Print Name and Till )
r~
IN THE PRE5EN O INSURANCIr C(yMPANY:
/~ ~ Liberty Mutuail,Xnsuranc~'Gomp~any
(~ ~ By. / ~
ent end A me In a~ r`Susan Lupski
~~ ~~~ Attorrey_In-Fact
Address: 75 Second Ave., Ste. 340
(Street) _.__
Needham Heights, MA 02494
{City/StatefZip Code)
Telephone No.: 781-449-0013 nn
Countersigned By: j ~ ~ ~, (.~- ,
Peter F. Jones, Licensed Resident Agerif for the State of Florida
$Ip ~; ~.~~ CITY OF MIAMI BEACH
DATE: Apd! 6, 2009 ~
2446389
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to
the extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON, MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance
company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint
THOMAS BEAN, SUSAN LUPSKI, GERARD S. MACHOLZ, CAMILLE MAITLAND, ROBERT T. PEARSON,
RITA SAGISTANO, GEORGE O. BREWSTER, ALL OF THE CITY OF GARDEN CITY, STATE OF NEW YORK ...........
...............................................................................................................................................................................................
each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its
behalf as surety and as its act and deed, anyy and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding
TWO HUNDRED FIFTY MILLION AND 00/100************* ****** DOLLARS ($ 250,000,000.00***** )each, and the
execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the
Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following By-law and Authorization:
ARTICLE XIII -Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the
chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make,
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such
y attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their
p signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be
Q- as binding as if signed by the president and attested by the secretary.
.Q
~ ~ By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact:
.~ ~ Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby
L authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and
~ ~ deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
L
3 That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect.
~ j IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of
~ - Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 21st day of November ,
~ ~ 2008
_~
~ LIBERTY MUTUAL INSURANCE COMPANY
L ~/
c'~0 ~~<~ Garnet W. Elliott, Assistant Secretary
.,., COMMONWEALTH OF PENNSYLVANIA ss -
d COUNTY OF MONTGOMERY
On this 21st day of November 2008 ,before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged
•- that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above
ai Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation.
L ~ 'G,
A IN TESTIMONY WH~1~E~3~,~ ~~ve fl~reunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year
~ first above written ~`~°'
~~
~ ~.i K~ s~ ~' ~7~~~s,~~§$LUi°'ttHy d.M '`r'em ~ y
~ ~ .;~~ ~ ~~;~ ~ ~ ~ ~~ ~~ ~ Ter sa Pastella, Notary Public
CERTIFICATE ~",~~~ ~,~:~ ~~ ~''`"~~'~_~~~ m ~~~~~r=ta.~ ~ r,,;.r gart~nc~s
I, the undersigned, Assistant ecretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing
is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the
said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article
XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company.
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a
certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company
with the same force and effect as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this 9th day of
June ,2009
rn
VJ
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7
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:, y
~'~;;/ David M. Carey, Ass' fit Secretary
ACKNOWLEDGEMENT OF PRINCIPAL - IF A CORPORATION
STATE OF .~` D.C' l.C1tC~.... } SS
COUNTY OFC'~'~f~~~••}
. , ... , , , _ . • • . , ... before me personally appeared
,. On this.......~~~~ .... day of...:,~.~A~V1: ...., .4:~C~~
... ~ ~?~C! fl ...~~.,~2..:~ .............. to be known, who, being by me duly sworn, did depo` ~e and ay; that. he/she
resides at .................................. that , he/she is the .~ u.-~.l :d'f:.. u .1.C~:' ..~:a, l.~fi~ of
~hR .~~f:l~~C~\-~:y: ~. ~~,~.C~.. • the corporation described in and which executed the within insurance
instrument; that lie/she knows the seal of said corporation; that the seal affixed to said instrument is such
corporate seal; that is was so affixed by the Board of Directors of said corporation; and that he,~she signed
his/her name thereto by like order.
ACKNOWLEDGEMENT FOR PRINCIPAL, IF LIMITED LIABILITY COMPANY
STATE OF .........................} SS
COUNTY OF .......................}
On this ............................. day of ......---..........................., ................ before me personally
appeared .......................................................................... to me known and known to me to be the
...........................................................of ..........................................................................., a
Limited Liability Company, described in and who executed the foregoing insurance instrument and acknowledged to me
that he/she execute~~ the foregoing insurance instrument and acknowledged to me that he/she executed the same as and for
the act and deed of said Limited Liability Company.
ACKNOWLEDGMENT OF SURETY COMPANY
STATE OF .,.New York } SS
COUNTY OF ...Nassau,,,,,,}
June 9, 2009 Susan Lupski
On this ................................. before me personally came..................................................
to me known, who, being by me duly sworn, did depose and say; that he/she resides in
Nassau County ,,......~ State of ....New York ....,.at he/she is the Attorney-In-Fact
........
of the ......Liberty Mutual Insurance Company ..........................the corporation described in which executed the
above instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such
corporate seal; that is was so affixed by order of the Board of Directors of said corporation; and that he/she
signed his/her name thereto by like order; and the affiant did further depose and say that the Superintendent of
Insurance of the State of New York, has, pursuant to Section 1111 of the Insurance Law of the State of New
York, issued to ............l.ilzertXM.utual.lnsuranca Gom~any ..............................(Surety) his/her certificate of
qualification evidencing the qualification of said Company and its sufficiency under any law of the State of
New York as surety and guarantor, and the propriety of accept' an ~ g it as such; and that such
certificate has not been revoked.
~RAC~ Aacer:soN Not Pub c
~Y ~~k, State of New yrp*
No. p1AC6111590
NY acknowledgment ~~' En Nassau county
xPires June 14, 2012
w.rrai Sbierreei 1v uw yau:CGe cl r.< UDerty 4uluN irounore C7npany
LIABILITIES, SURPLUS AND OTHER ,~UNDS
I. In <a (?an 1l.,Lm 75,Cmunn 8l _ 7_6G.615)SE -~-!2534 ie275f
2. R<~~nwa.-n (ayede m vatl lw as arW bsn ~ejuslmmt nrpene. 'i.01E ~ZS IpB 9151.71
7. lou aqulc,yme.penttl(Pa12A. fi1x 75. Crz;,mn 91 to%p75,555 7.572655 t+E
a. Gwnnvcs:ons prYa Me, py,cngcnl mmmmiav end doer sa.~lar de~g<s 35.057 p27 111 9F5 BI3
i ~~~~I"~~`'~~'~"`81 vA 1ttsl 79~92).SSS 11 e,1e6 B91
fi. lees. licase5 and kes (eN~Sng lade?' and loge r)n ~c~ns<Uasl 25:.42) 111 250.6:V.915
7.1 CuivM k0erd and (oregn'rmme larsz (h Cudinp ] 0 an reaWed uylal qmn IlCyse411 ]F,105,IJ5
T1 Mel oehrred ki bG/ryy
o. donoueJ money ] 190 8JB aM i,nr.y Plarem f IQ 5~<
~ 505 212 I
I t .15
726
9. Uneamtl prtnlacu (P-an 1A Lhe ]e. CoUrrvl 5) taller daMcfing wvemad p.wruune br cedee .
n:n[uand o<] I,17B.7?B.515 an0 ~n0u0ug vramnly rnservar di _. % 3720,179.871 7,ctlBA9,49J
10. Adrerrt lxev~:z: 80017.651 )9.996;.470
n. oMUVIw dDaarea aro unpan:
17.7 axxrwan,~a
_..
tt) Pvr,<)+,adtra ..
_._. _ _ _. C1?5656 7zD126u
,2 cae,am;nz,ray,dpran,e~+awreua(nalor<rmry,p,,,m~<abnal
f ismp, AW q' mlryurry Inds ni~m.irarm Ira+Cai 19v+AAa f
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(;damn r9
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,
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f/. Tmounb alhAell ar rNain,d bl mnveoy CX etmWDl amws 1,B0717a,roa I,e 78,182.260
..
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15. Remtlr,nde a1W n,m, not abcale0 155,7071z9 672AJI710
..
7tl Novsion fa wriurarcr
(Sdwgle F, Pan 7) ..
..
17. Nd a,AlnVnerYS h assek aro Ibbdi6q duo b bnipn euNnpa 2kt .. 73,981,601 113,SBO,BN
..
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16 Grab oJat'nd'ng ... .... ..
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.... ......... .. _
19. PryaDb b Dam ruteinaAes mA enLaea 192 965.747
- . lB6,iE` ,848
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70. 74wm.kr[ewts, ne75,e12
ei3i7,,3e
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n 22 t5A55 T68 23 904 t6
. M91ePab,ni7eil,rwapxal]uTlwiwm
7/. common <gdlm a7edl ..". 957,977s77
.. .." 51e,ns,Im
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annual5talemenl ly me year 2,hi8 of ire l.icerty Mutual Insuranrr Company
ASSETS
n1 Ye~~
2
Pnor Year
d
Ne; kd.1>dJe:; j
Assets Nonadmided
Asszts Assets wet +~m~ueo
1 Bonds (SU,edule O) (Ools, 1 • 2) pub
2. Stocks (Schedule DJ: 11.057,669.501 11,057,669.501 15,735,083
671
2.1 Pr6lerred alOt*a ,
- -
2.2 Common stocks 757,319,706 757,319,706
322
986
839
3. Mortgage loans on real estate (Schedule 8): 7,879,613,320 309,1x2,000 7,570471.320 ,
.
7,377
050
947
3 1 r~Kr mere .
.
3.2 Olherthanfirslliens 548,091,252 548,09L252 429
255
101
4. Real estate (Schedule A): ,
,
4.1 PropeNes occupied by the company (HSS $ 0 encumbrances
)
4
4 2 Prvpenks held for the praductlon o` Income (kss $
0 encumbrances) 25,989.166
1 425,989.166 a 18,561,083
4.3 Pmpedies held for sale (less S 0 enwmbrances
) ,039,982
1,039,962
1
069
882
5. ~~ (S 175,(;63,037, Schedule E • Pan 1), aash equivalents {$ 123
x33
313 ,
,
,
,
,
Schedule E -Part 2J, a nd Stton•lerm investments ($ 1,050,309,166, Schedule DA)
1
6. Contract loans (including b 0 premium notes) ,349,305,516
1,349,305.516
628
119
827
7. Other invested assets (Schedule OA) ,
,
8. ReaivaWes br sewriGes 5,132,267,123 923,910 5,131,343,213 4,642,652
171
9. Aggregate wrile•irls 1dr Invested assets .. .....?,859,056
....
~ _
...2.859,056 ,
13
535
76p
10. Subtotals, cash and invested assets (Lines 1 l0 9) ,
,
11. TiUa pants less $ 0 charged olt (tor T'~1Se 4nsmers only) 27,154,154,622 310,065,910 26,fiax,pg8,712 29,368.315
281
12. Irnestment income due and accrued ,
13. Premiums and consideratbns: 140,188,757 140 188.751
,
175
261
336
13.1 Urwrolected premiums and agents' balances In the course otcodection ... ,
,
13.2 Oetened premiums,
agents' balances and InraalYnenls booked but deferred 1.087,061,486 15,162.262
. 1 071,899,224 928,137,391
and ^~ yet due (including $ _ 0 earned but unbryled premiums)
13.3 Acaued retrospective premiums 1,59x,921,150
1 594
927
150
14, ReclSUrance:
404,104,551
40,410,454 ,
,
363,694.097 1,638,534,970
387,689,632
14.1 Amounts recoverable Irom reinsurers
..
14.2 Funds held b r de ''''
y o posited with reinsured companies 560,300,803
~ 560,300,803 685
885
885
14.3 Otheramoun~sreceivableundarreNsurartcemntrecls 17294,633 17,294,633 ,
,
26
022
871
15. Amounts receivade relaling to unirlgured plans .. .
. ,
,
16.1 Cunenl kdaral end for ' n income
e19 tax recoverable and Interest Thereon
177,911
2,802 ..
175,315
159
994
16.2 Net deferred lax asset .
17. Guaranty (uMS receivable w an dapwil f 469 501,048 ..
6'22,710,192 ....
846,790,258
118948,060
630160
137
18, Electronic data protessin9 equipment and software 32 559,328
. 32 559,328 ,
29 552 458
19. Fumilure erxl equipment, Induding heatfh care delivery assets ($ p
) 289 ~ 447 219,393443 50 291,004 49
4t>G
629
20. Nel adjustment in as~ets,uld Ilabilitks due to lore)§n exchange rates .82,645,618 82,845,678 ,
,
21. Receivadas from parent, sutisidiarles and affiiate
s
22. Healthcare (b 0) and other amounts receivable
315899,160
,.
3,740554
...
312,158,606
238
286
862
23. Aggregate lrr8e-ins for other then Invested assets ,
,
24. Totat assets exdud .....
ng Separate Accounts, Segregated Accowls and 767441418
52,021 117
715,420 301
550,843
266
Protected CeN Actaunts (tines 10 to 23) ,
25. From S rate ' ' ' ' ' • •-
epa Accounts, Segregated P,ceauMs and ProleUed Ce11 Accou,rts . . x,915,940,998
. . 1,366,152,812.
..........
' 32,549,788,186
.....
29
204
572
x
26, Total {Lines 24 and 251 • • • ... ....... . ,
,
,
.
OETAIt,S OF WPoTI?-IN LINES
0902. .. ... ..... ..... .
--~
0803. .. ... .. ...... ..... _. -.................. ... ....
..
......................
0998. Summa otremaini .. .
h ng wsik-,ns for lhle U9 hom we ... ...... .
rAowpega..... ............. ......... ...
............
0999, Gals (Lines 0901 Ilttouah 0903 nxrc naoa, n :.. nn .~_. _. -
ztut. Omer assets
......x
2302, Cash surrender value life insurance ' ' ' ' ' ' '
2303. Equities and deposits in pools.and associaUcns .. .
2399. Summa of remainin wrileins tar Lhe 23 from overflow .... .. 3
ry 9 page . .. 17
1399. Totals (L'mes 2301 Uxeueh 2303 n~,~ nn~, n ;..,..,•, _,._. _,
... ...... 348,631,523 204,675,583
36 042 093
.... •:; :;,:..:.: ~. , .~... .....32.235.326
00721. CERTIFICATE AS TO CORPORATE PRINCIPAL
I Ca -~b ` C . ~ta~ ~ ~,tir~ ,certify that I am the Secretary of
the corporation named as Principal in the foregoing Performance and Payment Bond
(Performance Bond and Payment Bond}; that ~ (~ ~ D ,who signed the
Bonds} on behalf of the Principal, was then _ of said corporation; that I know
his/her signature; and his/her signature thereto is genuine; and that said Bond(s) was (were)
duty signed, sealed and attested to on behalf of said corporation by authority of its governing
body.
Secretary (on behalf of)
~~ ~~ M o et o~-~ ¢j P~sso
Corporation
(SEAL}
STATE OF FLORIDA )
SS
COUNTY OF MIAMI-DARE }
Before me, a Notary Public duly commissioned, qualified and acting personally,
appeared C'~~~ QO to me well known, who being by me
first duly sworn upon oath says that he/she has been authorized to execute the foregoing
Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of
Contractor named therein in favor of City.
Subscribed and Sworn to before me this ay of
2oQ~.
My commission expires:
/^ ` I ~~ 1 ~> Nota ublic, ate of Florida at Large
Bonded by ` „~~
9-.
,~.
•r a. •ss.. era. seeoow~-~
. w"""fc. '~ b.: ~ Few
(~.4't?'f11/ DD052d10i
Expires 3/1!2010
.......~ :;.: f::: ~:o:.:..f
BID NO: 24-08109 CITY OF MIAMI BEACH
DATE: April 6, 2009 84
00800. GENERAL CONDITIONS:
Project Manual:
1.1. The Project Manual includes any general or special Contract conditions or
specifications attached hereto.
1.2. The Project Manual, along with all documents that make up and constitute the
Contract Documents, shall be followed in strict accordance as to work,
performance, material, and dimensions except when Consultant may authorize,
in writing, an exception.
1.3. Dimensions given in figures are to hold preference over scaled measurements
from the drawings; however, all discrepancies shall be resolved by Consultant.
Contractor shall not proceed when in doubt as to any dimension or
measurement, but shall seek clarification from Consultant.
1.4. Contractor shall be furnished three (3) copies, free of charge, of the Project
Manual; two of which shall be preserved and always kept accessible to
Consultant and Consultant's authorized representatives. Additional copies of the
Project Manual may be obtained from City at the cost of reproduction.
2. Intention of City:
It is the intent of City to describe in the Contract Documents a functionally complete
Project (or part thereof) to be constructed in accordance with the Contract Documents
and in accordance with all codes and regulations governing construction of the Project.
Any work, materials or equipment that may reasonably be inferred from the Contract
Documents as being required to produce the intended result shall be supplied by
Contractor whether or not specifically called for. When words which have swell-known
technical or trade meaning are used to describe work, materials or equipment, such
words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals, or codes of any technical society, organization or association, or
to the laws or regulations of any governmental authority, whether such reference be
specific or by implication, shall mean the latest standard specification, manual, code or
laws or regulations in effect at the time of opening of bids and Contractor shall comply
therewith. City shall have no duties other than those duties and obligations expressly
set forth within the Contract Documents.
Preliminary Matters:
3.1. Within five (5) calendar days prior to the pre-construction meeting described in
Section 3.2, Contractor shall submit to Consultant for Consultant's review and
acceptance:
3.1.1. A progress schedule in the indicated form:
[ ]Bar Chart
[ ]Modified CPM
[ ]CPM
BID NO: 21-08/09 CITY OF MIAMI BEACH
DATE: April 6, 2009 87
[X] Computerized CPM
(CPM shall be interpreted to be generally as outlined in the Association of
General Contractors (AGC) publication, "The Use of CPM in
Construction.")
The progress schedule shall indicate the start and completion dates of the
various stages of the Work and shall show an activity network for the
planning and execution of the Work. Included with the progress schedule
shall be a narrative description of the progress schedule. The progress
schedule must be updated monthly by Contractor ,submitted as part of
each Application for Payment and shall be acceptable to Consultant.
3.1.2. A preliminary schedule of Shop Drawing submissions; and
3.1.3. In a lump sum contract or in a contract which includes lump sum bid items
of Work, a preliminary schedule of values for all of the Work which will
include quantities and prices of items aggregating the Contract Price and
will subdivide the Work into component parts in sufficient detail to serve
as the basis for progress payments during construction. Such prices will
include an appropriate amount of overhead and profit applicable to each
item of work which will be confirmed in writing by Contractor at the time
of submission.
[ ]Such prices shall be broken down to show labor, equipment, materials and
overhead and profit.
3.1.4. After award but prior to the submission of the progress schedule,
Consultant, Contract Administrator and Contractor shall meet with all
utility owners and secure from them a schedule of utility relocation,
provided, however, neither Consultant nor City shall be responsible for
the nonperformance by the utility owners.
3.2. At a time specified by Consultant but before Contractor starts the work at the
Project site, a conference attended by Contractor ,Consultant and others as
deemed appropriate by Contract Administrator, will be held to discuss the
schedules referred to in Section 3.1, to discuss procedures for handling Shop
Drawings and other submittals and for processing Applications for Payment, and
to establish a working understanding among the parties as to the Work.
3.3. Within thirty-five (35) days from the Project Initiation Date set forth in the Notice
to Proceed, a conference attended by Contractor ,Consultant and others, as
appropriate, will be held to finalize the schedules submitted in accordance with
Section 3.1. Within forty-five (45) days after the Project Initiation Date set forth in
the Notice to Proceed, the Contractor shall revise the original schedule submittal
to address all review comments from the CPM review conference and resubmit
for Consultant review. The finalized progress schedule will be accepted by
Consultant only as providing an orderly progression of the Work to completion
within the Contract Time, but such acceptance shall not constitute acceptance by
BID NO: 21-08/09 CITY OF MIAMI BEACH
DATE: April 6, 2009 88
City or Consultant of the means or methods of construction or of the sequencing
or scheduling of the Work, and such acceptance will neither impose on
Consultant or City responsibility for the progress or scheduling of the Work nor
relieve Contractor from full responsibility therefore. The finalized schedule of
Shop Drawing submissions must be acceptable to Consultant as providing a
workable arrangement for processing the submissions. The finalized schedule of
values pursuant to Section 3.1.3 above must be acceptable to Consultant as to
form and substance.
4. Performance Bond and Payment Bond:
Within fifteen (15) calendar days of being notified of the award, Contractor shall furnish
a Performance Bond and a Payment Bond containing all the provisions of the
Performance Bond and Payment Bond attached hereto as forms 00710 and 00720.
4.1. Each Bond shall be in the amount of one hundred percent (100%) of the Contract
Price guaranteeing to City the completion and performance of the work covered
in such Contract as well as full payment of all suppliers, laborers, or
subcontractors employed pursuant to this Project. Each Bond shall be with a
surety company which is qualified pursuant to Article 5.
4.2. Each Bond shall continue in effect for one year after Final Completion and
acceptance of the work with liability equal to one hundred percent (100%) of the
Contract sum, or an additional bond shall be conditioned that Contractor will,
upon notification by City, correct any defective or faulty work or materials which
appear within one year after Final Completion of the Contract.
4.3. Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as may
be amended from time to time, Contractor shall ensure that the bond(s)
referenced above shall be recorded in the public records of Miami-Dade County
and provide City with evidence of such recording.
4.4. Alternate Form of Security:
In lieu of a Performance Bond and a Payment Bond, Contractor may furnish
alternate forms of security which may be in the form of cash, money order,
certified check, cashier's check or unconditional letter of credit in the form
attached hereto as Form 00735. Such alternate forms of security shall be
subject to the prior approval of City and for same purpose and shall be subject to
the same conditions as those applicable above and shall be held by City for one
year after completion and acceptance of the Work.
5. Qualification of Surety
5.1. Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred
Thousand Dollars ($500,000.00):
5.1.1. Each bond must be executed by a surety company of recognized
standing, authorized to do business in the State of Florida as surety,
having a resident agent in the State of Florida and having been in
BID NO: 21-08/09 CITY OF MIAMI BEACH
DATE: April 6, 2009 89
business with a record of successful continuous operation for at least five
(5) years.
5.1.2. The surety company shall hold a current certificate of authority as
acceptable surety on federal bonds in accordance with United States
Department of Treasury Circular 570, Current Revisions. If the amount of
the Bond exceeds the underwriting limitation set forth in the circular, in
order to qualify, the net retention of the surety company shall not exceed
the underwriting limitation in the circular, and the excess risks must be
protected by coinsurance, reinsurance, or other methods in accordance
with Treasury Circular 297, revised September 1, 1978 (31 DFR Section
223.10, Section 223.111). Further, the surety company shall provide City
with evidence satisfactory to City, that such excess risk has been
protected in an acceptable manner.
5.1.3. The City will accept a surety bond from a company with a rating of B+ or
better for bonds up to $2 million, provided, however, that if any surety
company appears on the watch list that is published quarterly by Intercom
of the Office of the Florida Insurance Commissioner, the City shall review
and either accept or reject the surety company based on the financial
information available to the City. A surety company that is rejected by the
City may be substituted by the Bidder or proposer with a surety company
acceptable to the City, only if the bid amount does not increase. The
following sets forth, in general, the acceptable parameters for bonds:
Policy- Financial
holder's Size
Amount of Bond Ratings Category
500,001 to 1,000,000 B+ Class I
1,000,001 to 2,000,000 B+ Class II
2,000,001 to 5,000,000 A Class III
5,000,001 to 10,000,000 A Class IV
10,000,001 to 25,000,000 A Class V
25,000,001 to 50,000,000 A Class VI
50,000,001 or more A Class VII
5.2. For projects of $500,000.00 or less, City may accept a Bid Bond, Performance
Bond and Payment Bond from a surety company which has twice the minimum
surplus and capital required by the Florida Insurance Code at the time the
invitation to bid is issued, if the surety company is otherwise in compliance with
the provisions of the Florida Insurance Code, and if the surety company holds a
currently valid certificate of authority issued by the United States Department of
the Treasury under Section 9304 to 9308 of Title 31 of the United States Code,
as may be amended from time to time. The Certificate and Affidavit so certifying
(Form 00722) should be submitted with the Bid Bond and also with the
Performance Bond and Payment Bond.
5.3. More stringent requirements of any grantor agency are set forth within the
Supplemental Conditions. If there are no more stringent requirements, the
provisions of this section shall apply.
BID NO: 21-08109 CITY OF MIAMI BEACH
DATE: April 6, 2009 90
6. Indemnification
6.1 Contractor shall indemnify and hold harmless City, its officers, agents, directors,
and employees, from liabilities, damages, losses, and costs, including, but not
limited to reasonable attorney's fees, to the extent caused by the negligence,
recklessness or intentional wrongful misconduct of Contractor and persons
employed or utilized by Contractor in the performance of this Agreement. Except
as specifically provided herein, this Agreement does not require Contractor to
indemnify City, its employees, officers, directors, or agents from any liability,
damage, loss, claim, action, or proceeding. These indemnifications shall survive
the term of this Agreement. In the event that any action or proceeding is brought
against City by reason of any such claim or demand, Contractor shall, upon
written notice from City, resist and defend such action or proceeding by counsel
satisfactory to City.
6.2 The indemnification provided above shall obligate Contractor to defend at its
own expense to and through appellate, supplemental or bankruptcy proceeding,
or to provide for such defense, at City's option, any and all claims of liability and
all suits and actions of every name and description covered by Section 6.1 above
which may be brought against City whether performed by Contractor , or persons
employed or utilized by Contractor .
7. Insurance Reauirements:
7.1. Without limiting any of the other obligations or liabilities of Contractor ,Contractor
shall provide, pay for, and maintain in force until all of its work to be performed
under this Contract has been completed and accepted by City (or for such
duration as is otherwise specified hereinafter), the insurance coverages set forth
herein.
7.1.1. Workers' Compensation insurance to apply for all employees in
compliance with the "Workers' Compensation Law" of the State of Florida
and all applicable federal laws. In addition, the policy(ies) must include:
7.1.1.1. Employers' Liability with a limit of One Million Dollars
($1,000,000.00) Dollars ($) each accident.
7.1.1.2. If any operations are to be undertaken on or about navigable
waters, coverage must be included for the U.S. Longshoremen
& Harbor Workers Act and Jones Act.
7.1.2. Comprehensive General Liability with minimum limits of One Million
Dollars ($1,000,000.00) per occurrence, combined single limit for Bodily
Injury Liability and Property Damage Liability. Coverage must be afforded
on a form no more restrictive than the latest edition of the Comprehensive
General Liability policy, without restrictive endorsements, as filed by the
Insurance Services Office, and must include:
[ X ] 7.1.2.1. Premises and/or Operations.
BID NO: 21-08/09 CITY OF MIAMI BEACH
DATE: April 6, 2009 91
[ X ] 7.1.2.2.Independent Contractors.
[ X ] 7.1.2.3. Products and/or Completed Operations for contracts over
Fifty Thousand Dollars ($50,000.00) Contractor shall
maintain in force until at least three years after completion of
all work required under the Contract, coverage for Products
and Completed Operations, including Broad Form Property
Damage.
[ X ] 7.1.2.4.Explosion, Collapse and Underground Coverages.
(X ] 7.1.2.5. Broad Form Property Damage.
[ X ] 7.1.2.6. Broad Form Contractual Coverage applicable to this specific
Contract, including any hold harmless and/or indemnification
agreement.
[ ] 7.1.2.7. Personal Injury Coverage with Employee and Contractual
Exclusions removed, with minimum limits of coverage equal
to those required for Bodily Injury Liability and Property
Damage Liability.
[ X ] 7.1.2.8.City is to be expressly included as an Additional Insured with
respect to liability arising out of operations performed for City
by or on behalf of Contractor or acts or omissions of
Contractor in connection with general supervision of such
operation.
7.1.3. Business Automobile Liability with minimum limits of One Million Dollars
($1,000,000.00) per occurrence, combined single limit for Bodily Injury
Liability and Property Damage Liability. Coverage must be afforded on a
form no more restrictive than the latest edition of the Business Automobile
Liability policy, without restrictive endorsements, as filed by the Insurance
Services Office, and must include:
7.1.3.1. Owned Vehicles.
7.1.3.2. Hired and Non-Owned Vehicles.
7.1.3.3. Employers' Non-Ownership. (Not Applicable to this bid)
[ X ] 7.1.4. Builder's Risk insurance for the construction of and/or addition to
aboveground buildings or structures is/is not required. The coverage
shall be "All Risk" coverage for 100 percent of the completed value,
covering City as a named insured, with a deductible of not more than Five
Thousand Dollars ($5,000.00) each claim.
7.1.4.1. Waiver of Occupancy Clause or Warranty--Policy must be
specifically endorsed to eliminate any "Occupancy Clause"
BID NO: 21-08/09 CITY OF MIAMI BEACH
DATE: April 6, 2009 92
or similar warranty or representation that the building(s),
addition(s) or structure(s) in the course of construction shall
not be occupied without specific endorsement of the policy.
The Policy must be endorsed to provide that the Builder's
Risk coverage will continue to apply until final acceptance of
the building(s), addition(s) or structure(s) by City.
[ ] 7.1.4.2. Flood Insurance--When the buildings or structures are
located within an identified special flood hazard area, flood
insurance must be afforded for the lesser of the total
insurable value of such buildings or structures, or, the
maximum amount of flood insurance coverage available
under the National Flood Program.
[ ] 7.1.5. Installation Floater for the installation of machinery and/or equipment into
an existing structure is/is not required. The coverage shall be "All Risk"
coverage including installation and transit for 100 percent of the "installed
replacement cost value," covering City as a named insured, with a
deductible of not more than Five Thousand Dollars ($5,000.00) each
claim.
7.1.5.1. Cessation of Insurance--Coverage is not to cease and is to
remain in force (subject to cancellation notice) until final
acceptance by City.
7.1.5.2. Flood Insurance--When the machinery or equipment is
located within an identified special flood hazard area, flood
insurance must be afforded for the lesser of the total
insurable value of such buildings or structure, or, the
maximum amount of flood insurance coverage available
under the National Flood Program.
7.2. If the initial insurance expires prior to the completion of the work, renewal copies
of policies shall be furnished at least thirty (30) days prior to the date of their
expiration.
7.3. Notice of Cancellation and/or Restriction--The policy(ies) must be endorsed to
provide City with at least thirty (30) days notice of cancellation and/or restriction.
7.4. Contractor shall furnish to the City's Risk Manager Certificates of Insurance or
endorsements evidencing the insurance coverage specified above within fifteen
(15) calendar days after notification of award of the Contract. The required
Certificates of Insurance shall name the types of policies provided, refer
specifically to this Contract, and state that such insurance is as required by this
Contract. The Certificate of Insurance shall be in form similar to and contain the
information set forth in Form 00708.
7.5. The official title of the Owner is the City of Miami Beach, Florida. This official title
shall be used in all insurance documentation.
BID NO: 21-08109 CITY OF MIAMI BEACH
DATE: April 6, 2009 93
8. Labor and Materials:
8.1. Unless otherwise provided herein, Contractor shall provide and pay for all
materials, labor, water, tools, equipment, light, power, transportation and other
facilities and services necessary for the proper execution and completion of the
Work, whether temporary or permanent and whether or not incorporated or to be
incorporated in the Work.
8.2. Contractor shall at all times enforce strict discipline and good order among its
employees and subcontractors at the Project site and shall not employ on the
Project any unfit person or anyone not skilled in the work to which they are
assigned.
9. Royalties and Patents:
All fees, royalties, and claims for any invention, or pretended inventions, or patent of any
article, material, arrangement, appliance, or method that may be used upon or in any
manner be connected with the construction of the Work or appurtenances, are hereby
included in the prices stipulated in this Contract for said work.
10. Weather:
Extensions to the Contract Time for delays caused by the effects of inclement weather
shall be submitted as a request for a change in the Contract Time pursuant to Article 40.
These time extensions are justified only when rains or other inclement weather
conditions or related adverse soil conditions prevent Contractor from productively
performing controlling items of work identified on the accepted schedule or updates
resulting in:
(1) Contractor being unable to work at least fifty percent (50%) of the normal
workday on controlling items of work identified on the accepted schedule or
updates due to adverse weather conditions; or
(2) Contractor must make major repairs to the Work damaged by weather.
Providing the damage was not attributable to a failure to perform or neglect by
Contractor ,and providing that Contractor was unable to work at least fifty
percent (50%) of the normal workday on controlling items of work identified on
the accepted schedule or updates.
11. Permits. Licenses and Impact Fees:
11.1. Except as otherwise provided within the Supplemental Conditions, all permits
and licenses required by federal, state or local laws, rules and regulations
necessary for the prosecution of the Work undertaken by Contractor pursuant to
this Contract shall be secured and paid for by Contractor . It is Contractor 's
responsibility to have and maintain appropriate Certificate(s) of Competency,
valid for the Work to be performed and valid for the jurisdiction in which the Work
is to be performed for all persons working on the Project for whom a Certificate of
Competency is required.
BID NO: 21-08/09 CITY OF MIAMI BEACH
DATE: April 6, 2009 94
11.2. Impact fees levied by the City and/or Miami-Dade County shall be paid by
Contractor . Contractor shall be reimbursed only for the actual amount of the
impact fee levied by the municipality as evidenced by an invoice or other
acceptable documentation issued by the municipality. Reimbursement to
Contractor in no event shall include profit or overhead of Contractor .
12. Resolution of Disputes:
12.1 To prevent all disputes and litigation, it is agreed by the parties hereto that
Consultant shall decide all questions, claims, difficulties and disputes of whatever
nature which may arise relative to the technical interpretation of the Contract
Documents and fulfillment of this Contract as to the character, quality, amount
and value of any work done and materials furnished, or proposed to be done or
furnished under or, by reason of, the Contract Documents and Consultant's
estimates and decisions upon all claims, questions, difficulties and disputes shall
be final and binding to the extent provided in Section 12.2. Any claim, question,
difficulty or dispute which cannot be resolved by mutual agreement of City and
Contractor shall be submitted to Consultant in writing within twenty-one (21)
calendar days. Unless a different period of time is set forth herein, Consultant
shall notify City and Contractor in writing of Consultant's decision within twenty-
one (21) calendar days from the date of the submission of the claim, question,
difficulty or dispute, unless Consultant requires additional time to gather
information or allow the parties to provide additional information. All nontechnical
administrative disputes shall be determined by the Contract Administrator
pursuant to the time periods provided herein. During the pendency of any
dispute and after a determination thereof, Contractor ,Consultant and City shall
act in good faith to mitigate any potential damages including utilization of
construction schedule changes and alternate means of construction.
12.2 In the event the determination of a dispute under this Article is unacceptable to
either party hereto, the party objecting to the determination must notify the other
party in writing within ten (10) days of receipt of the written determination. The
notice must state the basis of the objection and must be accompanied by a
statement that any Contract Price adjustment claimed is the entire adjustment to
which the objecting party has reason to believe it is entitled to as a result of the
determination. Within sixty (60) days after Final Completion of the Work, the
parties shall participate in mediation to address all objections to any
determinations hereunder and to attempt to prevent litigation. The mediator shall
be mutually agreed upon by the parties. Should any objection not be resolved in
mediation, the parties retain all their legal rights and remedies provided under
State law. A party objecting to a determination specifically waives all of its rights
provided hereunder, including its rights and remedies under State law, if said
party fails to comply in strict accordance with the requirements of this Article.
13. Inspection of Work:
13.1. Consultant and City shall at all times have access to the Work, and Contractor
shall provide proper facilities for such access and for inspecting, measuring and
testing.
BID NO: 21-08/09 CITY OF MIAMI BEACH
DATE: April 6, 2009 95
13.1.1. Should the Contract Documents, Consultant's instructions, any laws,
ordinances, or any public authority require any of the Work to be specially
tested or approved, Contractor shall give Consultant timely notice of
readiness of the Work for testing. If the testing or approval is to be made
by an authority other than City, timely notice shall be given of the date
fixed for such testing. Testing shall be made promptly, and, where
practicable, at the source of supply. If any of the Work should be covered
up without approval or consent of Consultant, it must, if required by
Consultant, be uncovered for examination and properly restored at
Contractor 's expense.
13.1.2. Reexamination of any of the Work may be ordered by Consultant with
prior written approval by the Contract Administrator, and if so ordered, the
Work must be uncovered by Contractor . If such Work is found to be in
accordance with the Contract Documents, City shall pay the cost of
reexamination and replacement by means of a Change Order. If such
Work is not in accordance with the Contract Documents, Contractor shall
pay such cost.
13.2. Inspectors shall have no authority to permit deviations from, nor to relax any of
the provisions of, the Contract Documents nor to delay the Contract by failure to
inspect the materials and work with reasonable promptness without the written
permission or instruction of Consultant.
13.3. The payment of any compensation, whatever may be its character or form, or the
giving of any gratuity or the granting of any favor by Contractor to any inspector,
directly or indirectly, is strictly prohibited, and any such act on the part of
Contractor will constitute a breach of this Contract.
14. Superintendence and Supervision:
14.1. The orders of City are to be given through Consultant, which instructions are to
be strictly and promptly followed in every case. Contractor shall keep on the
Project during its progress, a full-time competent English speaking
superintendent and any necessary assistants, all satisfactory to Consultant. The
superintendent shall not be changed except with the written consent of
Consultant, unless the superintendent proves to be unsatisfactory to Contractor
and ceases to be in its employ. The superintendent shall represent Contractor
and all directions given to the superintendent shall be as binding as if given to
Contractor and will be confirmed in writing by Consultant upon the written
request of Contractor . Contractor shall give efficient supervision to the Work,
using its best skill and attention.
14.2. Daily, Contractor 's superintendent shall record, at a minimum, the following
information in a bound log: the day; date; weather conditions and how any
weather condition affected progress of the Work; time of commencement of work
for the day; the work being performed; materials, labor, personnel, equipment
and subcontractors at the Project site; visitors to the Project site, including
representatives of Consultant, regulatory representatives; any special or
unusual conditions or occurrences encountered; and the time of termination of
BID NO: 21-08/09 CITY OF MIAMI BEACH
DATE: April 6, 2009 96
work for the day. All information shall be recorded in the daily log in ink. The
daily log shall be kept on the Project site and shall be available at all times for
inspection and copying by City and Consultant.
14.3. The Contract Administrator, Contractor and Consultant shall meet at least
weekly or as determined by the Contract Administrator, during the course of the
Work to review and agree upon the work performed to date and to establish the
controlling items of work for the next two weeks. The Consultant shall publish,
keep, and distribute minutes and any comments thereto of each such meeting.
14.4. If Contractor in the course of prosecuting the Work, finds any discrepancy
between the Contract Documents and the physical conditions of the locality, or
any errors, omissions, or discrepancies in the Project Manual, it shall be
Contractor 's duty to immediately inform Consultant, in writing, and Consultant
will promptly review the same. Any work done after such discovery, until
authorized, will be done at Contractor 's sole risk.
14.5. Contractor shall supervise and direct the Work competently and efficiently,
devoting such attention thereto and applying such skills and expertise as may be
necessary to perform the Work in accordance with the Contract Documents.
Contractor shall be solely responsible for the means, methods, techniques,
sequences and procedures of construction.
15. City's Right to Terminate Contract:
15.1. If Contractor fails to begin the Work within fifteen (15) calendar days after the
Project Initiation Date, or fails to perform the Work with sufficient workers and
equipment or with sufficient materials to insure the prompt completion of the
Work, or shall perform the Work unsuitably, or cause it to be rejected as
defective and unsuitable, or shall discontinue the prosecution of the Work
pursuant to the accepted schedule or if Contractor shall fail to perform any
material term set forth in the Contract Documents or if Contractor shall become
insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency,
or shall make an assignment for the benefit of creditors, or from any other cause
whatsoever shall not carry on the Work in an acceptable manner, Contract
Administrator may give notice in writing to Contractor and its Surety of such
delay, neglect or default, specifying the same. If Contractor , within a period of
five (5) calendar days after such notice, shall not proceed in accordance
therewith, then City may upon written certificate from Consultant of the fact of
such delay, neglect or default and Contractor 's failure to comply with such
notice, terminate the services of Contractor ,exclude Contractor from the Project
site and take the prosecution of the Work out of the hands of Contractor ,and
appropriate or use any or all materials and equipment on the Project site as may
be suitable and acceptable. In such case, Contractor shall not be entitled to
receive any further payment until the Project is completed. In addition City may
enter into an agreement for the completion of the Project according to the terms
and provisions of the Contract Documents, or use such other methods as in
City's sole opinion shall be required for the completion of the Project according to
the terms and provisions of the Contract Documents, or use such other methods
as in City's sole opinion shall be required for the completion of the Project in an
BID NO: 21-08/09 CITY OF MIAMI BEACH
DATE: April 6, 2009 97
acceptable manner. All damages, costs and charges incurred by City„ together
with the costs of completing the Project, shall be deducted from any monies due
or which may become due to Contractor . In case the damages and expenses so
incurred by City shall exceed the unpaid balance, then Contractor shall be liable
and shall pay to City the amount of said excess.
15.2. If after notice of termination of Contractor 's right to proceed, it is determined for
any reason that Contractor was not in default, the rights and obligations of City
and Contractor shall be the same as if the notice of termination had been issued
pursuant to the Termination for Convenience clause as set forth in Section 15.3
below.
15.3. This Contract may be terminated for convenience in writing by City upon ten (10)
days written notice to Contractor (delivered by certified mail, return receipt
requested) of intent to terminate and the date on which such termination
becomes effective. In such case, Contractor shall be paid for all work executed
and expenses incurred prior to termination in addition to termination settlement
costs reasonably incurred by Contractor relating to commitments which had
become firm prior to the termination. Payment shall include reasonable profit for
work/services satisfactorily performed. No payment shall be made for profit for
work/services which have not been performed.
15.4. Upon receipt of Notice of Termination pursuant to Sections 15.1 or 15.3 above,
Contractor shall promptly discontinue all affected work unless the Notice of
Termination directs otherwise and deliver or otherwise make available to City all
data, drawings, specifications, reports, estimates, summaries and such other
information as may have been required by the Contract Documents whether
completed or in process.
16. Contractor's Riaht to Stop Work or Terminate Contract:
Should Consultant fail to review and approve or state in writing reasons for nonapproval
of any Application for Payment within twenty (20) days after it is presented, or if City fails
either to pay Contractor within thirty (30) days after presentation by Consultant of any
sum certified by Consultant, or to notify Contractor and Consultant in writing of any
objection to the Application for Payment, then Contractor may, give written notice to City
and Consultant of such delay, neglect or default, specifying the same. If City or
Consultant (where applicable), within a period of ten (10) calendar days after such notice
shall not remedy the delay, neglect, or default upon which the notice is based, then
Contractor may stop work or terminate this Contract and recover from City payment for
all work executed and reasonable expenses sustained therein plus reasonable
termination expenses. Any objection made by City to an Application for Payment shall
be submitted to Consultant in accordance with the provisions of Article 12 hereof.
17. Assianment:
Neither party hereto shall assign the Contract or any subcontract in whole or in part
without the written consent of the other, nor shall Contractor assign any monies due or
to become due to it hereunder, without the previous written consent of the Mayor and
City Commission.
BID NO: 21-08/09 CITY OF MIAMI BEACH
DATE: April 6, 2009 98
18. Rights of Various Interests:
Whenever work being done by City's forces or by other contractors is contiguous to or
within the limits of work covered by this Contract, the respective rights of the various
interests involved shall be established by the Contract Administrator to secure the
completion of the various portions of the work in general harmony.
19. Differing Site Conditions:
In the event that during the course of the Work Contractor encounters subsurface or
concealed conditions at the Project site which differ materially from those shown on the
Contract Documents and from those ordinarily encountered and generally recognized as
inherent in work of the character called for in the Contract Documents; or unknown
physical conditions of the Project site, of an unusual nature, which differ materially from
that ordinarily encountered and generally recognized as inherent in work of the character
called for in the Contract Documents, Contractor ,without disturbing the conditions and
before performing any work affected by such conditions, shall, within twenty-four (24)
hours of their discovery, notify City and Consultant in writing of the existence of the
aforesaid conditions. Consultant and City shall, within two (2) business days after
receipt of Contractor 's written notice, investigate the site conditions identified by
Contractor . If, in the sole opinion of Consultant, the conditions do materially so differ
and cause an increase or decrease in Contractor 's cost of, or the time required for, the
performance of any part of the Work, whether or not charged as a result of the
conditions, Consultant shall recommend an equitable adjustment to the Contract Price,
or the Contract Time, or both. If City and Contractor cannot agree on an adjustment in
the Contract Price or Contract Time, the adjustment shall be referred to Consultant for
determination in accordance with the provisions of Article 12. Should Consultant
determine that the conditions of the Project site are not so materially different to justify a
change in the terms of the Contract, Consultant shall so notify City and Contractor in
writing, stating the reasons, and such determination shall be final and binding upon the
parties hereto.
No request by Contractor for an equitable adjustment to the Contract under this
provision shall be allowed unless Contractor has given written notice in strict
accordance with the provisions of this Article. No request for an equitable adjustment or
change to the Contract Price or Contract Time for differing site conditions shall be
allowed if made after the date certified by Consultant as the date of substantial
completion.
20. Plans and Working Drawings:
City, through Consultant, shall have the right to modify the details of the plans and
specifications, to supplement the plans and specifications with additional plans, drawings
or additional information as the Work proceeds, all of which shall be considered as part
of the Project Manual. In case of disagreement between the written and graphic portions
of the Project Manual, the written portion shall govern.
BID NO: 21-08109 CITY OF MIAMI BEACH
DATE: Apri16, 2009 99
21. Contractor to Check Plans. Specifications and Data:
Contractor shall verify all dimensions, quantities and details shown on the plans,
specifications or other data received from Consultant, and shall notify Consultant of all
errors, omissions and discrepancies found therein within three (3) calendar days of
discovery. Contractor will not be allowed to take advantage of any error, omission or
discrepancy, as full instructions will be furnished by Consultant. Contractor shall not be
liable for damages resulting from errors, omissions or discrepancies in the Contract
Documents unless Contractor recognized such error, omission or discrepancy and
knowingly failed to report it to Consultant.
22. Contractor 's Responsibility for Damages and Accidents:
22.1. Contractor shall accept full responsibility for the Work against all loss or damage
of whatsoever nature sustained until final acceptance by City, and shall promptly
repair any damage done from any cause whatsoever, except as provided in
Article 29.
22.2. Contractor shall be responsible for all materials, equipment and supplies
pertaining to the Project. In the event any such materials, equipment and
supplies are lost, stolen, damaged or destroyed prior to final acceptance by City,
Contractor shall replace same without cost to City, except as provided in Article
29.
23. Warranty:
Contractor warrants to City that all materials and equipment furnished under this
Contract will be new unless otherwise specified and that all of the Work will be of good
quality, free from faults and defects and in conformance with the Contract Documents.
All work not conforming to these requirements, including substitutions not properly
approved and authorized, may be considered defective. If required by Consultant,
Contractor shall furnish satisfactory evidence as to the kind and quality of materials and
equipment. This warranty is not limited by the provisions of Article 25 herein.
24. Supplementary Drawinas:
24.1. When, in the opinion of Consultant, it becomes necessary to explain the Work to
be done more fully, or to illustrate the Work further, or to show any changes
which may be required, supplementary drawings, with specifications pertaining
thereto, will be prepared by Consultant.
24.2. The supplementary drawings shall be binding upon Contractor with the same
force as the Project Manual. Where such supplementary drawings require either
less or more than the original quantities of work, appropriate adjustments shall be
made by Change Order.
25. Defective Work:
25.1. Consultant shall have the authority to reject or disapprove work which Consultant
finds to be defective. If required by Consultant, Contractor shall promptly either
BID NO: 21-08/09 CITY OF MIAMI BEACH
DATE: April 6, 2009 100
correct all defective work or remove such defective work and replace it with
nondefective work. Contractor shall bear all direct, indirect and consequential
costs of such removal or corrections including cost of testing laboratories and
personnel.
25.2. Should Contractor fail or refuse to remove or correct any defective work or to
make any necessary repairs in accordance with the requirements of the Contract
Documents within the time indicated in writing by Consultant, City shall have the
authority to cause the defective work to be removed or corrected, or make such
repairs as may be necessary at Contractor 's expense. Any expense incurred by
City in making such removals, corrections or repairs, shall be paid for out of any
monies due or which may become due to Contractor , or may be charged against
the Performance Bond. In the event of failure of Contractor to make all
necessary repairs promptly and fully, City may declare Contractor in default.
25.3. If, within one (1) year after the date of substantial completion or such longer
period of time as may be prescribed by the terms of any applicable special
warranty required by the Contract Documents, or by any specific provision of the
Contract Documents, any of the Work is found to be defective or not in
accordance with the Contract Documents, Contractor ,after receipt of written
notice from City, shall promptly correct such defective or nonconforming Work
within the time specified by City without cost to City, to do so. Nothing contained
herein shall be construed to establish a period of limitation with respect to any
other obligation which Contractor might have under the Contract Documents
including but not limited to, Article 23 hereof and any claim regarding latent
defects.
25.4. Failure to reject any defective work or material shall not in any way prevent later
rejection when such defect is discovered, or obligate City to final acceptance.
26. Taxes
Contractor shall pay all applicable sales, consumer, use and other taxes required by law.
Contractor is responsible for reviewing the pertinent state statutes involving state taxes
and complying with all requirements.
27. Subcontracts:
27.1. Contractor shall not employ any subcontractor against whom City or Consultant
may have a reasonable objection. Contractor shall not be required to employ
any subcontractor against whom Contractor has a reasonable objection.
27.2. Contractor shall be fully responsible for all acts and omissions of its
subcontractors and of persons directly or indirectly employed by its
subcontractors and of persons for whose acts any of them may be liable to the
same extent that Contractor is responsible for the acts and omissions of persons
directly employed by it. Nothing in the Contract Documents shall create any
contractual relationship between any subcontractor and City or any obligation on
the part of City to pay or to see the payment of any monies due any
BID NO: 21-08/09 CITY OF MIAMI BEACH
DATE: April 6, 2009 101
subcontractor. City or Consultant may furnish to any subcontractor evidence of
amounts paid to Contractor on account of specific work performed.
27.3. Contractor agrees to bind specifically every subcontractor to the applicable terms
and conditions of the Contract Documents for the benefit of City.
[ ] 27.4. Contractor shall perform the Work with its own organization, amounting to not
less than 15% percent of the Contract Price.
28. Separate Contracts:
28.1. City reserves the right to let other contracts in connection with this Project.
Contractor shall afford other persons reasonable opportunity for the introduction
and storage of their materials and the execution of their work and shall properly
connect and coordinate this Work with theirs.
28.2. If any part of Contractor's Work depends for proper execution or results upon the
work of any other persons, Contractor shall inspect and promptly report to
Consultant any defects in such work that render it unsuitable for such proper
execution and results. Contractor 's failure to so inspect and report shalt
constitute an acceptance of the other person's work as fit and proper for the
reception of Contractor 's Work, except as to defects which may develop in other
contractor's work after the execution of Contractor 's.
28.3. Contractor shall conduct its operations and take all reasonable steps to
coordinate the prosecution of the Work so as to create no interference or impact
on any other contractor on the site. Should such interference or impact occur,
Contractor shall be liable to the affected contractor for the cost of such
interference or impact.
28.4. To insure the proper execution of subsequent work, Contractor shall inspect the
work already in place and shall at once report to Consultant any discrepancy
between the executed work and the requirements of the Contract Documents.
29. Use of Completed Portions:
29.1. City shall have the right at its sole option to take possession of and use any
completed or partially completed portions of the Project. Such possession and
use shall not be deemed an acceptance of any of the Work not completed in
accordance with the Contract Documents. If such possession and use increases
the cost of or delays the Work, Contractor shall be entitled to reasonable extra
compensation, or reasonable extension of time or both, as recommended by
Consultant and approved by City.
29.2. In the event City takes possession of any completed or partially completed
portions of the Project, the following shall occur:
29.2.1. City shall give notice to Contractor in writing at least thirty (30)
calendar days prior to City's intended occupancy of a designated
area.
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DATE: April 6, 2009 102
29.2.2. Contractor shall complete to the point of Substantial Completion the
designated area and request inspection and issuance of a
Certificate of Substantial Completion in the form attached hereto as
00925 from Consultant.
29.2.3. Upon Consultant's issuance of a Certificate of Substantial
Completion, City will assume full responsibility for maintenance,
utilities, subsequent damages of City and public, adjustment of
insurance coverage's and start of warranty for the occupied area.
29.2.4. Contractor shall complete all items noted on the Certificate of
Substantial Completion within the time specified by Consultant on
the Certificate of Substantial Completion, as soon as possible and
request final inspection and final acceptance of the portion of the
Work occupied. Upon completion of final inspection and receipt of
an application for final payment, Consultant shall issue a Final
Certificate of Payment relative to the occupied area.
29.2.5. If City finds it necessary to occupy or use a portion or portions of the
Work prior to Substantial Completion thereof, such occupancy or use
shall not commence prior to a time mutually agreed upon by City and
Contractor and to which the insurance company or companies
providing the property insurance have consented by endorsement to
the policy or policies. Insurance on the unoccupied or unused
portion or portions shall not be canceled or lapsed on account of
such partial occupancy or use. Consent of Contractor and of the
insurance company or companies to such occupancy or use shall not
be unreasonably withheld.
30. Lands for Work:
30.1. City shall provide, as may be indicated in the Contract Documents, the lands
upon which the Work is to be performed, rights-of-way and easements for access
thereto and such other lands as are designated by City or the use of Contractor .
30.2. Contractor shall provide, at Contractor 's own expense and without liability to
City, any additional land and access thereto that may be required for temporary
construction facilities, or for storage of materials. Contractor shall furnish to City
copies of written permission obtained by Contractor from the owners of such
facilities.
31. Legal Restrictions and Traffic Provisions:
Contractor shall conform to and obey all applicable laws, regulations, or ordinances with
regard to labor employed, hours of work and Contractor 's general operations.
Contractor shall conduct its operations so as not to close any thoroughfare, nor interfere
in any way with traffic on railway, highways, or water, without the prior written consent of
the proper authorities.
BID NO: 21-08109 CITY OF MIAMI BEACH
DATE: April 6, 2009 103
32. Location and Damage to Existing Facilities Equipment or Utilities:
32.1. As far as possible, all existing utility lines in the Project area have been shown
on the plans. However, City does not guarantee that all lines are shown, or that
the ones indicated are in their true location. It shall be the Contractor '. 'S
responsibility to identify and locate all underground and overhead utility lines or
equipment affecting or affected by the Project. No additional payment will be
made to the Contractor because of discrepancies in actual and plan location of
utilities, and damages suffered as a result thereof.
32.2. The Contractor shall notify each utility company involved at least ten (10) days
prior to the start of construction to arrange for positive underground location,
relocation or support of its utility where that utility may be in conflict with or
endangered by the proposed construction. Relocation of water mains or other
utilities for the convenience of the Contractor shall be paid by the Contractor .
All charges by utility companies for temporary support of its utilities shall be paid
for by the Contractor . All costs of permanent utility relocation to avoid conflict
shall be the responsibility of the utility company involved. No additional payment
will be made to the Contractor for utility relocations, whether or not said
relocation is necessary to avoid conflict with other lines.
32.3. The Contractor shall schedule the work in such a manner that the work is not
delayed by the utility providers relocating or supporting their utilities. The
Contractor shall coordinate its activities with any and all public and private utility
providers occupying the right-of-way. No compensation will be paid to the
Contractor for any loss of time or delay.
32.4. All overhead, surface or underground structures and utilities encountered are to
be carefully protected from injury or displacement. All damage to such structures
is to be completely repaired within a reasonable time; needless delay will not be
tolerated. The City reserves the right to remedy such damage by ordering
outside parties to make such repairs at the expense of the Contractor . All such
repairs made by the Contractor are to be made to the satisfaction of the utility
owner. All damaged utilities must be replaced or fully repaired. All repairs are to
be inspected by the utility owner prior to backfilling.
33. Value Engineering:
Contractor may request substitution of materials, articles, pieces of equipment or any
changes that reduce the Contract Price by making such request to Consultant in writing.
Consultant will be the sole judge of acceptability, and no substitute will be ordered,
installed, used or initiated without Consultant's prior written acceptance which will be
evidenced by either a Change Order or an approved Shop Drawing. However, any
substitution accepted by Consultant shall not result in any increase in the Contract Price
or Contract Time. By making a request for substitution, Contractor agrees to pay
directly to Consultant all Consultant's fees and charges related to Consultant's review of
the request for substitution, whether or not the request for substitution is accepted by
Consultant. Any substitution submitted by Contractor must meet the form, fit, function
and life cycle criteria of the item proposed to be replaced and there must be a net dollar
savings including Consultant review fees and charges. If a substitution is approved, the
BID NO: 21-08!09 CITY OF MIAMI BEACH
DATE: April 6, 2009 104
net dollar savings shall be shared equally between Contractor and City and shall be
processed as a deductive Change Order. City may require Contractor to furnish at
Contractor 's expense a special performance guarantee or other surety with respect to
any substitute approved after award of the Contract.
34. Continuing the Work:
Contractor shall carry on the Work and adhere to the progress schedule during all
disputes or disagreements with City, including disputes or disagreements concerning a
request for a Change Order, a request for a change in the Contract Price or Contract
Time. The Work shall not be delayed or postponed pending resolution of any disputes
or disagreements.
35. Chanaes in the Work or Terms of Contract Documents:
35.1. Without invalidating the Contract and without notice to any surety City reserves
and shall have the right, from time to time to make such increases, decreases or
other changes in the character or quantity of the Work as may be considered
necessary or desirable to complete fully and acceptably the proposed
construction in a satisfactory manner. Any extra or additional work within the
scope of this Project must be accomplished by means of appropriate Field
Orders and Supplemental Instructions or Change Orders.
35.2. Any changes to the terms of the Contract Documents must be contained in a
written document, executed by the parties hereto, with the same formality and of
equal dignity prior to the initiation of any work reflecting such change. This
section shall not prohibit the issuance of Change Orders executed only by City as
hereinafter provided.
36. Field Orders and Supplemental Instructions:
36.1. The Contract Administrator, through Consultant, shall have the right to approve
and issue Field Orders setting forth written interpretations of the intent of the
Contract Documents and ordering minor changes in Work execution, providing
the Field Order involves no change in the Contract Price or the Contract Time.
36.2. Consultant shall have the right to approve and issue Supplemental Instructions
setting forth written orders, instructions, or interpretations concerning the
Contract Documents or its performance, provided such Supplemental
Instructions involve no change in the Contract Price or the Contract Time.
37. Change Orders:
37.1. Changes in the quantity or character of the Work within the scope of the Project
which are not properly the subject of Field Orders or Supplemental Instructions,
including all changes resulting in changes in the Contract Price, or the Contract
Time, shall be authorized only by Change Orders approved in advance and
issued in accordance with the provisions of the City.
BID NO: 21-08/09 CITY OF MIAMI BEACH
DATE: April 6, 2009 105
37.2. All changes to construction contracts must be approved in advance in
accordance with the value of the Change Order or the calculated value of the
time extension. All Change Orders with a value of $25,000 or more shall be
approved in advance by the Mayor and City Commission. All Change Orders
with a value of less than $25,000 shall be approved in advance by the City
Manager or his designee.
37.3. In the event satisfactory adjustment cannot be reached for any item requiring a
change in the Contract Price or Contract Time, and a Change Order has not
been issued, City reserves the right at its sole option to either terminate the
Contract as it applies to the items in question and make such arrangements as
may be deemed necessary to complete the disputed work; or submit the matter
in dispute to Consultant as set forth in Article 12 hereof. During the pendency of
the dispute, and upon receipt of a Change Order approved by City, Contractor
shall promptly proceed with the change in the Work involved and advise the
Consultant and Contract Administrator in writing within seven (7) calendar days
of Contractor 's agreement or disagreement with the method, if any, provided in
the Change Order for determining the proposed adjustment in the Contract Price
or Contract Time.
37.4. On approval of any Contract change increasing the Contract Price, Contractor
shall ensure that the performance bond and payment bond are increased so that
each reflects the total Contract Price as increased.
37.5. Under circumstances determined necessary by City, Change Orders may be
issued unilaterally by City.
38. Value of Change Order Work:
38.1. The value of any work covered by a Change Order or of any claim for an
increase or decrease in the Contract Price shall be determined in one of the
following ways:
38.1.1. Where the work involved is covered by unit prices contained in the
Contract Documents, by application of unit prices to the quantities of
items involved, subject to the provisions of Section 38.7.
38.1.2. By mutual acceptance of a lump sum which Contractor and City
acknowledge contains a component for overhead and profit.
38.1.3. On the basis of the "cost of work," determined as provided in Sections
38.2 and 38.3, plus a Contractor 's fee for overhead and profit which
is determined as provided in Section 38.4.
38.2. The term "cost of work" means the sum of all direct costs necessarily incurred
and paid by Contractor in the proper performance of the Work described in the
Change Order. Except as otherwise may be agreed to in writing by City, such
costs shall be in amounts no higher than those prevailing in the locality of the
Project, shall include only the following items and shall not include any of the
costs itemized in Section 38.3.
BID NO: 21-08109 CITY OF MIAMI BEACH
DATE: April 6, 2009 106
38.2.1. Payroll costs for employees in the direct employ of Contractor in the
performance of the work described in the Change Order under
schedules of job classifications agreed upon by City and Contractor .
Payroll costs for employees not employed full time on the work
covered by the Change Order shall be apportioned on the basis of
their time spent on the work. Payroll costs shall include, but not be
limited to, salaries and wages plus the cost of fringe benefits which
shall include social security contributions, unemployment, excise and
payroll taxes, workers' or workmen's compensation, health and
retirement benefits, bonuses, sick leave, vacation and holiday pay
application thereto. Such employees shall include superintendents
and foremen at the site. The expenses of performing the work after
regular working hours, on Sunday or legal holidays, shall be included
in the above to the extent authorized by City.
38.2.2. Cost of all materials and equipment furnished and incorporated in the
work, including costs of transportation and storage thereof, and
manufacturers' field services required in connection therewith. All
cash discounts shall accrue to Contractor unless City deposits funds
with Contractor with which to make payments, in which case the cash
discounts shall accrue to City. All trade discounts, rebates and
refunds, and all returns from sale of surplus materials and equipment
shall accrue to City and Contractor shall make provisions so that they
may be obtained. Rentals of all construction equipment and
machinery and the parts thereof whether rented from Contractor or
others in accordance with rental agreements approved by City with
the advice of Consultant and the costs of transportation, loading,
unloading, installation, dismantling and removal thereof, all in
accordance with the terms of said agreements. The rental of any
such equipment, machinery or parts shall cease when the use thereof
is no longer necessary for the work.
38.2.3. Payments made by Contractor to Subcontractors for work performed
by Subcontractors. If required by City, Contractor shall obtain
competitive bids from Subcontractors acceptable to Contractor and
shall deliver such bids to City who will then determine, with the advice
of Consultant, which bids will be accepted. If the Subcontract
provides that the Subcontractor is to be paid on the basis of cost of
the work plus a fee, the Subcontractor's cost of the work shall be
determined in the same manner as Contractor 'S cost of the work. All
Subcontractors shall be subject to the other provisions of the Contract
Documents insofar as applicable.
38.2.4. Cost of special consultants, including, but not limited to, engineers,
architects, testing laboratories, and surveyors employed for services
specifically related to the performance of the work described in the
Change Order.
38.2.5. Supplemental costs including the following:
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DATE: April 6, 2009 107
38.2.5.1. The proportion of necessary transportation, travel and
subsistence expenses of Contractor 's employees
incurred in discharge of duties connected with the work
except for local travel to and from the site of the work.
38.2.5.2. Cost, including transportation and maintenance, of all
materials, supplies, equipment, machinery, appliances,
office and temporary facilities at the site and hand tools
not owned by the workmen, which are consumed in the
performance of the work, and cost less market value of
such items used but not consumed which remains the
property of Contractor .
38.2.5.3. Sales, use, or similar taxes related to the work, and for
which Contractor is liable, imposed by any governmental
authority.
38.2.5.4. Deposits lost for causes other than Contractor 's
negligence; royalty payments and fees for permits and
licenses.
38.2.5.5. The cost of utilities, fuel and sanitary facilities at the site.
38.2.5.6. Receipted minor expenses such as telegrams, long
distance telephone calls, telephone service at the site,
expressage and similar petty cash items in connection
with the work.
38.2.5.7. Cost of premiums for additional bonds and insurance
required because of changes in the work.
38.3. The term "cost of the work" shall not include any of the following:
38.3.1. Payroll costs and other compensation of Contractor 's officers,
executives, principals (of partnership and sole proprietorships),
general managers, engineers, architects, estimators, lawyers,
auditors, accountants, purchasing and contracting agents, expediters,
timekeepers, clerks and other personnel employed by Contractor
whether at the site or in its principal or a branch office for general
administration of the work and not specifically included in the agreed-
upon schedule of job classifications referred to in Section 38.2.1., all
of which are to be considered administrative costs covered by
Contractor 's fee.
38.3.2. Expenses of Contractor 's principal and branch offices other than
Contractor 's office at the site.
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DATE: April 6, 2009 108
38.3.3. Any part of Contractor 's capital expenses, including interest on
Contractor 's capital employed for the work and charges against
Contractor for delinquent payments.
38.3.4. Cost of premiums for all Bonds and for all insurance whether or not
Contractor is required by the Contract Documents to purchase and
maintain the same, except for additional bonds and insurance
required because of changes in the work.
38.3.5. Costs due to the negligence or neglect of Contractor, any
Subcontractors, or anyone directly or indirectly employed by any of
them or for whose acts any of them may be liable, including but not
limited to, the correction of defective work, disposal of materials or
equipment wrongly supplied and making good any damage to
property.
38.3.6. Other overhead or general expense costs of any kind and the cost of
any item not specifically and expressly included in Section 38.2.
38.4. Contractor's fee allowed to Contractor for overhead and profit shall be
determined as follows:
38.4.1. A mutually acceptable fixed fee or if none can be agreed upon,
38.4.2. A fee based on the following percentages of the various portions of the
cost of the work:
38.4.2.1. For costs incurred under Sections 38.2.1 and 38.2.2,
Contractor's fee shall not exceed ten percent (10%).
38.4.2.2. For costs incurred under Section 38.2.3, Contractor 's
fee shall not exceed seven and one half percent
(7.5%); and if a subcontract is on the basis of cost of
the work plus a fee, the maximum allowable to the
Subcontractor as a fee for overhead and profit shall not
exceed ten percent (10%); and
38.4.2.3. No fee shall be payable on the basis of costs itemized
under Sections 38.2.4 and 38.2.5, (except Section
38.2.5.3), and Section 38.3.
38.5. The amount of credit to be allowed by Contractor to City for any such change
which results in a net decrease in cost, will be the amount of the actual net
decrease. When both additions and credits are involved in
any one change, the combined overhead and profit shall be figured on the basis
of the net increase, if any, however, Contractor shall not be entitled to claim lost
profits for any Work not performed.
BID NO: 21-08/09 CITY OF MIAMI BEACH
DATE: April 6, 2009 109
38.6. Whenever the cost of any work is to be determined pursuant to Sections 38.2
and 38.3, Contractor will submit in a form acceptable to Consultant an itemized
cost breakdown together with the supporting data.
38.7. Where the quantity of any item of the Work that is covered by a unit price is
increased or decreased by more than twenty percent (20%) from the quantity of
such work indicated in the Contract Documents, an appropriate Change Order
shall be issued to adjust the unit price, if warranted.
38.8. Whenever a change in the Work is to be based on mutual acceptance of a lump
sum, whether the amount is an addition, credit or no change-in-cost, Contractor
shall submit an initial cost estimate acceptable to Consultant and Contract
Administrator.
38.8.1. Breakdown shall list the quantities and unit prices for materials, labor,
equipment and other items of cost.
38.8.2. Whenever a change involves Contractor and one or more
Subcontractors and the change is an increase in the Contract Price,
overhead and profit percentage for Contractor and each
Subcontractor shall be itemized separately.
38.9. Each Change Order must state within the body of the Change Order whether it is
based upon unit price, negotiated lump sum, or "cost of the work."
39. Notification and Claim for Change of Contract Time or Contract Price:
39.1. Any claim for a change in the Contract Time or Contract Price shall be made by
written notice by Contractor to the Contract Administrator and to Consultant
within five (5) calendar days of the commencement of the event giving rise to the
claim and stating the general nature and cause of the claim. Thereafter, within
twenty (20) calendar days of the termination of the event giving rise to the claim,
written notice of the extent of the claim with supporting information and
documentation shall be provided unless Consultant allows an additional period of
time to ascertain more accurate data in support of the claim and such notice shall
be accompanied by Contractor's written notarized statement that the adjustment
claimed is the entire adjustment to which the Contractor has reason to believe it
is entitled as a result of the occurrence of said event. All claims for changes in
the Contract Time or Contract Price shall be determined by Consultant in
accordance with Article 12 hereof, if City and Contractor cannot otherwise agree.
IT IS EXPRESSLY AND SPECIFICALLY AGREED THAT ANY AND ALL
CLAIMS FOR CHANGES TO THE CONTRACT TIME OR CONTRACT PRICE
SHALL BE WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH
THE REQUIREMENTS OF THIS SECTION.
39.2. The Contract Time will be extended in an amount equal to time lost on critical
Work items due to delays beyond the control of and through no fault or
negligence of Contractor if a claim is made therefor as provided in Section 39.1.
Such delays shall include, but not be limited to, acts or neglect by any separate
contractor employed by City, fires, floods, labor disputes, epidemics, abnormal
weather conditions or acts of God.
BID NO: 21-08/09 CITY OF MIAMI BEACH
DATE: April 6, 2009 110
40. No Damages for Delay:
No claim for damages or any claim, other than for an extension of time, shall be made or
asserted against City by reason of any delays except as provided herein. Contractor
shall not be entitled to an increase in the Contract Price or payment or compensation of
any kind from City for direct, indirect, consequential, impact or other costs, expenses or
damages, including but not limited to costs of acceleration or inefficiency, arising
because of delay, disruption, interference or hindrance from any cause whatsoever,
whether such delay, disruption, interference or hindrance be reasonable or
unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided,
however, that this provision shall not preclude recovery of damages by Contractor for
actual delays due solely to fraud, bad faith or active interference on the part of City or its
Consultant. Otherwise, Contractor shall be entitled only to extensions of the Contract
Time as the sole and exclusive remedy for such resulting delay, in accordance with and
to the extent specifically provided above.
41. Excusable Delay; Comoensable~ Non-compensable:
41.1 Excusable Delay. Delay which extends the completion of the Work and which is
caused by circumstances beyond the control of Contractor or its subcontractors,
suppliers or vendors is Excusable Delay.
Contractor is entitled to a time extension of the Contract Time for each day the
Work is delayed due to Excusable Delay. Contractor shall document its claim for
any time extension as provided in Article 39 hereof.
Failure of Contractor to comply with Article 39 hereof as to any particular event
of delay shall be deemed conclusively to constitute a waiver, abandonment or
relinquishment of any and all claims resulting from that particular event of delay.
Excusable Delay may be compensable or non-compensable:
(a) compensable Excusable Delay. Excusable Delay is compensable when (i)
the delay extends the Contract Time, (ii) is caused by circumstances
beyond the control of the Contractor or its subcontractors, suppliers or
vendors, and (iii) is caused solely by fraud, bad faith or active interference
on the part of City or its agents. In no event shall Contractor be
compensated for interim delays which do not extend the Contract Time.
Contractor shall be entitled to direct and indirect costs for compensable
Excusable Delay. Direct costs recoverable by Contractor shall be limited to the
actual additional costs allowed pursuant to Article 38 hereof.
City and Contractor recognize and agree that the amount of Contractor 's
precise actual indirect costs for delay in the performance and completion of the
Work is impossible to determine as of the date of execution of the Contract
Documents, and that proof of the precise amount will be difficult. Therefore,
indirect costs recoverable by the Contractor shall be liquidated on a daily basis
for each day the Contract Time is delayed due to a compensable Excusable
BID NO: 21-08/09 CITY OF MIAMI BEACH
DATE: April 6, 2009 111
Delay. These liquidated indirect costs shall be paid to compensate Contractor
for all indirect costs caused by a Compensable Excusable Delay and shall
include, but not be limited to, all profit on indirect costs, home office overhead,
acceleration, loss of earnings, loss of productivity, loss of bonding capacity, loss
of opportunity and all other indirect costs incurred by Contractor . The amount of
liquidated indirect costs recoverable shall be four hundred dollars ($400) per day
for each calendar day the Contract is delayed due to a Compensable Excusable
Delay.
(b) Non-Compensable Excusable Delay. When Excusable Delay is (i) caused
by circumstances beyond the control of Contractor, its subcontractors,
suppliers and vendors, and is also caused by circumstances beyond the
control of the City or Consultant, or (ii) is caused jointly or concurrently by
Contractor or its subcontractors, suppliers or vendors and by the City or
Consultant, then Contractor shall be entitled only to a time extension and
no further compensation for the delay.
42. Substantial Completion:
When Contractor considers that the Work, or a portion thereof designated by City
pursuant to Article 29 hereof, has reached Substantial Completion, Contractor shall so
notify City and Consultant in writing. Consultant and City shall then promptly inspect the
Work. When Consultant, on the basis of such an inspection, determines that the Work
or designated portion thereof is substantially complete, it will then prepare a Certificate
of Substantial Completion in the form attached hereto as Form 00925 which shall
establish the Date of Substantial Completion; shall state the responsibilities of City and
Contractor for security, maintenance, heat, utilities, damage to the Work, and insurance;
and shall list all Work yet to be completed to satisfy the requirements of the Contract
Documents for Final Completion. The failure to include any items of corrective work on
such list does not alter the responsibility of Contractor to complete all of the Work in
accordance with the Contract Documents. Warranties required by the Contract
Documents shall commence on the date of Substantial Completion of the Work or
designated portion thereof unless otherwise provided in the Certificate of Substantial
Completion. The Certificate of Substantial Completion shall be submitted to City through
the Contract Administrator and Contractor for their written acceptance of the
responsibilities assigned to them in such Certificate.
43. No Interest:
Any monies not paid by City when claimed to be due to Contractor under this
Agreement, including, but not limited to, any and all claims for contract damages of any
type, shall not be subject to interest including, but not limited to prejudgment interest.
However, the provisions of City's prompt payment ordinance, as such relates to
timeliness of payment, and the provisions of Section 218.74(4), Florida Statutes (1989)
as such relates to the payment of interest, shall apply to valid and proper invoices.
44. Shop Drawings:
44.1. Contractor shall submit Shop Drawings as required by the Technical
Specifications. The purpose of the Shop Drawings is to show the suitability,
BID NO: 21-08/09 CITY OF MIAMI BEACH
DATE: April 6, 2009 112
efficiency, technique of manufacture, installation requirements, details of the
item and evidence of its compliance or noncompliance with the Contract
Documents.
44.2. Within thirty (30) calendar days after the Project Initiation Date specified in the
Notice to Proceed, Contractor shall submit to Consultant a complete list of
preliminary data on items for which Shop Drawings are to be submitted and
shall identify the critical items. Approval of this list by Consultant shall in no way
relieve Contractor from submitting complete Shop Drawings and providing
materials, equipment, etc., fully in accordance with the Contract Documents.
This procedure is required in order to expedite final approval of Shop Drawings.
44.3. After the approval of the list of items required in Section 44.2 above, Contractor
shall promptly request Shop Drawings from the various manufacturers,
fabricators, and suppliers. Contractor shall include all shop drawings and other
submittals in its certification.
44.4. Contractor shall thoroughly review and check the Shop Drawings and each and
every copy shall show this approval thereon.
44.5. If the Shop Drawings show or indicate departures from the Contract
requirements, Contractor shall make specific mention thereof in its letter of
transmittal. Failure to point out such departures shall not relieve Contractor
from its responsibility to comply with the Contract Documents.
44.6. Consultant shall review and approve Shop Drawings within twenty-one (21)
calendar days from the date received, unless said Drawings are rejected by
Consultant for material reasons. Consultant's approval of Shop Drawings will be
general and shall not relieve Contractor of responsibility for the accuracy of
such Drawings, nor for the proper fitting and construction of the work, nor for the
furnishing of materials or work required by the Contract Documents and not
indicated on the Drawings. No work called for by Shop Drawings shall be
performed until the said Drawings have been approved by Consultant. Approval
shall not relieve Contractor from responsibility for errors or omissions of any
sort on the Shop Drawings.
44.7. No approval will be given to partial submittals of Shop Drawings for items which
interconnect and/or are interdependent where necessary to properly evaluate
the design. It is Contractor 's responsibility to assemble the Shop Drawings for
all such interconnecting and/or interdependent items, check them and then
make one submittal to Consultant along with its comments as to compliance,
noncompliance, or features requiring special attention.
44.8. If catalog sheets or prints of manufacturers' standard drawings are submitted as
Shop Drawings, any additional information or changes on such drawings shall
be typewritten or lettered in ink.
44.9. Contractor shall submit the number of copies required by Consultant.
Resubmissions of Shop Drawings shall be made in the same quantity until final
approval is obtained.
BID NO: 21-08/09 CITY OF MIAMI BEACH
DATE: April 6, 2009 113
44.10. Contractor shall keep one set of Shop Drawings marked with Consultant's
approval at the job site at all times.
45. Field Layout of the Work and Record Drawings:
45.1. The entire responsibility for establishing and maintaining line and grade in the
field lies with Contractor . Contractor shall maintain an accurate and precise
record of the location and elevation of all pipe lines, conduits, structures,
maintenance access structures, handholes, fittings and the like and shall
prepare record or "as-built" drawings of the same which are sealed by a
Professional Surveyor. Contractor shall deliver these records in good order to
Consultant as the Work is completed. The cost of all such field layout and
recording work is included in the prices bid for the appropriate items. All record
drawings shall be made on reproducible paper and shall be delivered to
Consultant prior to, and as a condition of, final payment.
45.2. Contractor shall maintain in a safe place at the Project site one record copy of
all Drawings, Plans, Specifications, Addenda, written amendments, Change
Orders, Field Orders and written interpretations and clarifications in good order
and annotated to show all changes made during construction. These record
documents together with all approved samples and a counterpart of all approved
Shop Drawings shall be available at all times to Consultant for reference. Upon
Final Completion of the Project and prior to Final Payment, these record
documents, samples and Shop Drawings shall be delivered to the Contract
Administrator.
45.3. Prior to, and as a condition precedent to Final Payment, Contractor shall
submit to City, Contractor 's record drawings or as-built drawings acceptable to
Consultant.
46. Safetv and Protection:
46.1. Contractor shall be solely responsible for initiating, maintaining and supervising
all safety precautions and programs in connection with the Project. Contractor
shall take all necessary precautions for the safety of, and shall provide the
necessary protection to prevent damage, injury or loss to:
46.1.1. All employees on the work site and other persons who may be
affected thereby;
46.1.2. All the work and all materials or equipment to be incorporated therein,
whether in storage on or off the Project site; and
46.1.3. Other property at the Project site or adjacent thereto, including trees,
shrubs, lawns, walks, pavements, roadways, structures and utilities
not designated for removal, relocation or replacement in the course of
construction.
BID NO: 21-08/09 CITY OF MIAMI BEACH
DATE: April 6, 2009 114
46.2. Contractor shall comply with all applicable laws, ordinances, rules, regulations
and orders of any public body having jurisdiction for the safety of persons or
property or to protect them from damage, injury or loss; and shall erect and
maintain all necessary safeguards for such safety and protection. Contractor
shall notify owners of adjacent property and utilities when prosecution of the
work may affect them. All damage, injury or loss to any property referred to in
Sections 46.1.2 and 46.1.3 above, caused directly or indirectly, in whole or in
part, by Contractor ,any Subcontractor or anyone directly or indirectly employed
by any of them or anyone for whose acts any of them may be liable, shall be
remedied by Contractor . Contractor 's duties and responsibilities for the safety
and protection of the work shall continue until such time as all the Work is
completed and Consultant has issued a notice to City and Contractor that the
Work is acceptable except as otherwise provided in Article 29 hereof.
46.3. Contractor shall designate a responsible member of its organization at the Work
site whose duty shall be the prevention of accidents. This person shall be
Contractor's superintendent unless otherwise designated in writing by
Contractor to City.
[ X ] 47.Final Bill of Materials:
Contractor shall be required to submit to City and Consultant a final bill of materials with
unit costs for each bid item for supply of materials in place. This shall be an itemized list
of all materials with a unit cost for each material and the total shall agree with unit costs
established for each Contract item. A Final Certificate for Payment cannot be issued by
Consultant until Contractor submits the final bill of materials and Consultant verifies the
accuracy of the units of Work.
48. Payment by City for Tests:
Except when otherwise specified in the Contract Documents, the expense of all tests
requested by Consultant shall be borne by City and performed by a testing firm chosen
by Consultant. For road construction projects the procedure for making tests required by
Consultant will be in conformance with the most recent edition of the State of Florida,
Department of Transportation Standard Specifications for Road and Bridge Construction.
The cost of any required test which Contractor fails shall be paid for by Contractor .
49. Project Sign:
Any requirements for a project sign shall be as set forth within the Technical
Specifications section.
50. Hurricane Precautions:
50.1. During such periods of time as are designated by the United States Weather
Bureau as being a hurricane warning or alert, the Contractor, at no cost to the
City, shall take all precautions necessary to secure the Project site in response
to all threatened storm events, regardless of whether the City or Consultant has
given notice of same.
BID NO: 21-08/09 CITY OF MIAMI BEACH
DATE: April 6, 2009 115
50.2. Compliance with any specific hurricane warning or alert precautions will not
constitute additional work.
50.3. Additional work relating to hurricane warning or alert at the Project site will be
addressed by a Change Order in accordance with Section 37, General
Conditions.
50.4. Suspension of the Work caused by a threatened or actual storm event,
regardless of whether the City has directed such suspension, will entitle the
Contractor to additional Contract Time as noncompensable, excusable delay,
and shall not give rise to a claim for compensable delay.
51. Cleaning Up; City's Right to Clean Up:
Contractor shall at all times keep the premises free from accumulation of waste
materials or rubbish caused by its operations. At the completion of the Project,
Contractor shall remove all its waste materials and rubbish from and about the Project
as well as its tools, construction equipment, machinery and surplus materials. If
Contractor fails to clean up during the prosecution of the Work or at the completion of
the Work, City may do so and the cost thereof shall be charged to Contractor . If a
dispute arises between Contractor and separate contractors as to their responsibility for
cleaning up, City may clean up and charge the cost thereof to the contractors
responsible therefore as Consultant shall determine to be just.
52. Removal of Eauioment:
In case of termination of this Contract before completion for any cause whatever,
Contractor if notified to do so by City, shall promptly remove any part or all of
Contractor 's equipment and supplies from the property of City, failing which City shall
have the right to remove such equipment and supplies at the expense of Contractor .
53. Nondiscrimination. Eaual Employment Opportunity and Americans with Disabilities Act:
Contractor shall not unlawfully discriminate against any person in its operations and
activities or in its use or expenditure of funds in fulfilling its obligations under this
Agreement. Contractor shall affirmatively comply with all applicable provisions of the
Americans with Disabilities Act (ADA) in the course of providing any services funded by
City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of
disability), and all applicable regulations, guidelines, and standards. In addition,
Contractor shall take affirmative steps to ensure nondiscrimination in employment
against disabled persons.
Contractor 's decisions regarding the delivery of services under this Agreement shall be
made without regard to or consideration of race, age, religion, color, gender, sexual
orientation, national origin, marital status, physical or mental disability, political affiliation,
or any other factor which cannot be lawfully used as a basis for service delivery.
Contractor shall not engage in or commit any discriminatory practice in violation of City
of Miami Beach Ordinance No 92.2824 in performing any services pursuant to this
Agreement.
BID NO: 21-08109 CITY OF MIAMI BEACH
DATE: April 6, 2009 116
54. Project Records:
City shall have the right to inspect and copy, at City's expense, the books and records
and accounts of Contractor which relate in any way to the Project, and to any claim for
additional compensation made by Contractor ,and to conduct an audit of the financial
and accounting records of Contractor which relate to the Project and to any claim for
additional compensation made by Contractor Contractor shall retain and make
available to City all such books and records and accounts, financial or otherwise, which
relate to the Project and to any claim for a period of three (3) years following Final
Completion of the Project. During the Project and the three (3) year period following
Final Completion of the Project, Contractor shall provide City access to its books and
records upon seventy-two (72) hours written notice.
BID NO: 21-08/09 CITY OF MIAMI BEACH
DATE: April 6, 2009 117
00900. SUPPLEMENTARY SPECIFICATIONS
(Not Applicable)
BID NO: 21-08/09 CITY OF MIAMI BEACH
DATE: April 6, 2009 118
00920. ADDITIONAL ARTICLES:
[ ] 1. Prevailing Wage Rate Ordinance.
This Project is not federally funded. City of Miami Beach Ordinance No, 94-2960
provides that in all non-federally funded construction contracts in excess of one
million dollars to which the City of Miami Beach is a party, the rate of wages and
fringe benefits, or cash equivalent, for all laborers, mechanics and apprentices
employed by any contractor or subcontractor on the work covered by the
contract, shall not be less than the prevailing rate of wages and fringe benefit
payments or cash equivalence for similar skills or classifications of work, as
established by the Federal Register, in the City of Miami Beach, Florida. The
provisions of this Ordinance shall not apply to the following projects:
a. water, except water treatment facilities and lift stations;
b. sewer, except sewage treatment facilities and lift stations;
c. storm drainage;
d. road construction, except bridges or structures requiring pilings;
and
e. beautification projects, which may include resurfacing new curbs,
gutters, pavers, sidewalks, landscaping, new lighting, bus
shelters, bus benches and signage.
['`NOTE: INSERT IF APPLICABLE]
[ ] 2. Federal Grant Projects: (N/A)
2.1. By virtue of the fact that the funding of this Project will be delivered in full
or in part from the United States government through
federal assurances must follow
the grant application in addition to any and all supervening assurances
set forth in Rules and Regulations published in Federal Register or CFR.
2.2. Clauses, terms or conditions required by federal grantor agency are
hereby attached and made a part of this Project Manual.
BID NO: 21-08/09 CITY OF MIAMI BEACH
DATE: April 6, 2009 119
00922. STATEMENT OF COMPLIANCE
(PREVAILING WAGE RATE ORDINANCE NO. 94-2960
Contract No.
No.
Project Title
The undersigned Contractor hereby swears under penalty of perjury that, during the
period covered by the application for payment to which this statement is attached, all
mechanics, laborers, and apprentices, employed or working on the site of the Project,
have been paid at wage rates, and that the wage rates of payments, contributions, or
costs for fringe benefits have not been less than those required by City of Miami Beach
Ordinance No. 94-2960 and the applicable conditions of the Contract.
Dated , 20
(Contractor)
By:
(Signature)
By:
(Print Name and Title)
STATE OF )
SS
COUNTY OF )
The foregoing instrument was acknowledged
20_, by
personally known to me or who has produced
identification and who did/did not take an oath.
day of
who is
as
WITNESS my hand and official seal, this day of , 20
(NOTARY SEAL)
(Signature of person taking acknowledgment)
(Name of officer taking acknowledgment)
(typed, printed or stamped)
(Title or rank)
(Serial number, if any)
My commission expires:
before me this
CITYOF MIAMI BEACH
BID NO: 21-08/09 120
DATE: April 6, 2009
00923. STATEMENT OF COMPLIANCE
(DAVIS BACON ACT)
No.
Contract No.
ProjectTitle
The undersigned Contractor hereby swears under penalty of perjury that, during the
period covered by the application for payment to which this statement is attached, all
mechanics, laborers, and apprentices, employed or working on the site of the Project,
have been paid at wage rates, and that the wage rates of payments, contributions, or
costs for fringe benefits have not been less than those required by the Davis Bacon Act
and the applicable conditions of the Contract.
Dated
20
Contractor
By:
(Signature)
By:
STATE OF )
SS
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
20_, by who is
personally known to me or who has produced as
identification and who did/did not take an oath.
WITNESS my hand and official seal, this day of , 20
(NOTARY SEAL)
(Signature of person taking acknowledgment)
(Name of officer taking acknowledgment)
(typed, printed or stamped)
(Print Name and Title)
(Title or rank)
My commission expires:
BID NO: 21-08/09
DATE: April 6, 2009
(Serial number, if any)
CITYOF MIAMI BEACH
121
00925. CERTIFICATE OF SUBSTANTIAL COMPLETION:
PROJECT:
(name, address)
TO (City):
DATE OF ISSUANCE:
Consultant:
BID/CONTRACT NUMBER:
Contractor
CONTRACT FOR:
NOTICE TO PROCEED DATE:
PROJECT OR DESIGNATED PORTION SHALL INCLUDE:
The Work performed under this Contract has been reviewed and found to be
substantially complete and all documents required to be submitted by Contractor under
the Contract Documents have been received and accepted. The Date of Substantial
Completion of the Project or portion thereof designated above is hereby established as
which is also the date of commencement of applicable warranties required by the
Contract Documents, except as stated below.
DEFINITION OF DATE OF SUBSTANTIAL COMPLETION
The Date of Substantial Completion of the Work or portion
thereof designated by City is the date certified by Consultant
when all conditions and requirements of permits and
regulatory agencies have been satisfied and the Work, is
sufficiently complete in accordance with the Contract
Documents, so the Project is available for beneficial
occupancy by City. A Certificate of Occupancy must be
issued for Substantial Completion to be achieved, however,
the issuance of a Certificate of Occupancy or the date
thereof are not to be determinative of the achievement or
date of Substantial Completion.
A list of items to be completed or corrected, prepared by Consultant and approved by
City, is attached hereto. The failure to include any items on such list does not alter the
responsibility of Contractor to complete all work in accordance with the Contract
CITYOF MIAMI BEACH
BID NO: 21-08/09 122
DATE: April 6, 2009
Documents. The date of commencement of warranties for items on the attached list will
be the date of final payment unless otherwise agreed in writing.
Consultant
BY
DATE
In accordance with Section 2.2 of the Contract, Contractor will complete or correct the
work on the list of items attached hereto within from the
above Date of Substantial Completion.
Consultant
BY
DATE
City, through the Contract Administrator, accepts the Work or portion thereof designated
by City as substantially complete and will assume full possession thereof at
(time) on (date).
City of Miami Beach, Florida
By Contract Administrator Date
The responsibilities of City and Contractor for security, maintenance, heat, utilities,
damage to the work and insurance shall be as follows:
CITYOF MIAMI BEACH
BID NO: 21-08/09 123
DATE: April 6, 2009
00926. FINAL CERTIFICATE OF PAYMENT:
PROJECT:
(name, address)
Consultant:
BID/CONTRACT NUMBER:
TO (City):
Contractor
CONTRACT FOR:
NOTICE TO PROCEED DATE:
DATE OF ISSUANCE:
All conditions or requirements of any permits or regulatory agencies have been
satisfied. The documents required by Section 5.2 of the Contract, and the final bill of
materials, if required, have been received and accepted. The Work required by the
Contract Documents has been reviewed and the undersigned certifies that the Work,
including minor corrective work, has been completed in accordance with the provision of
the Contract Documents and is accepted under the terms and conditions thereof.
Consultant
BY
DATE
City, through the Contract Administrator, accepts the work as fully complete and will
assume full possession thereof at
(date).
City of Miami Beach, Florida
(time)
By Contract Administrator
Date
CITYOF MIAMI BEACH
BID NO: 21-08/09 124
DATE: Aprit 6, 2009
00930. FORM OF FINAL RECEIPT:
[The following form will be used to show receipt of final payment for this Contract.]
FINAL RECEIPT FOR CONTRACT NO.
Received this day of , 20 ,from City of
Miami Beach, Florida, the sum of
Dollars
($ ) as full and final payment to Contractor for all work and materials for the
Project described as:
This sum includes full and final payment for all extra work and material and all incidentals.
Contractor hereby indemnifies and releases City from all liens and claims whatsoever
arising out of the Contract and Project.
Contractor hereby certifies that all persons doing work upon or furnishing materials or
supplies for the Project have been paid in full. In lieu of this certification regarding payment for
work, materials and supplies, Contractor may submit a consent of surety to final payment in a
form satisfactory to City.
Contractor further certifies that all taxes imposed by Chapter 212, Florida Statutes
(Sales and Use Tax Act), as amended, have been paid and discharged.
[If incorporated sign below.]
Contractor
ATTEST:
(Secretary)
(Corporate Seal)
(Name of Corporation)
By:
(Signature)
(Print Name and Title)
day of 20
CITYOF MIAMI BEACH
BID NO: 21-08/09 125
DATE: April 6, 2009
[If not incorporated sign below.]
WITNESSES:
Contractor
(Name of Firm)
By:
(Signature}
(Print Name and Title)
day of , 20_
CITYOF MIAMI BEACH
BID NO: 21-08/09 126
DATE: April 6, 2009
[ X ] 00950. PLANS AND SPECIFICATIONS
The Plans and Specifications for Construction Improvements for the City of Normandy Shores
Golf Course Clubhouse Facility have been prepared by:
Architeknics, Inc.
7450 S.W. 48th Street
Miami, Florida 33155
Phone: 305-661-5392
Fax: 305-661-5832
[ X ] 00950. DRAWINGS INDEX:
SHEETS
INDEX OF DRAWINGS
TITLE SHEET
I -1 ABBREVIATIONS /GENERAL NOTES /INDEX OF DRAWINGS
S-1 SURVEY
CIVIL
COVER C.H. OVERALL CIVIL SITE PLAN PROPOSED
C-1 C.H. EXISTING CONDITIONS
C-2 C.H. SITE PLAN
C-3 C.H. PAVING,GRADING & DRAINAGE PLAN
C-4 C.H. WATER & SEWER PLAN
C-5 C.H. SIGNAGE PLAN
D-1 C.H. PAVING,GRADING & DRAINAGE DETAILS
D-2 C.H. WATER & SEWER PLAN
LANDSCAPE
EX-1 EXISTING TREE PLAN
L-1 LANDSCAPE PLAN
L-2 LANDSCAPE NOTES & DETAILS
IR-1 IRRIGATION PLAN
IR-2 IRRIGATION NOTES & DETAILS
LIFE SAFETY
LS-1 PARTIAL SITE PLAN -LIFE SAFETY
LS-2 FLOOR PLAN -LIFE SAFETY
LS-3 CHECK LIST -LIFE SAFETY
ARCHITECTURAL
A-1.1 OVERALL SITE PLAN -NEW
A-1.2 PARTIAL SITE PLAN -DEMOLITION
CITYOF MIAMI BEACH
BID NO: 21-08/09 127
DATE: April 6, 2009
A-1.3 PARTIAL SITE PLAN
A-1.4 PARTIAL SITE PLAN -PARKING
A-1.5 PARTIAL SITE PLAN -PARKING
A-2.1 FLOOR PLAN
A-2.2 FLOOR PLAN -SECTION 1
A-2.3 FLOOR PLAN -SECTION 2
A-2.4 REFLECTED CEILING PLAN
A-2.5 ROOF PLAN
A-3.1 ELEVATIONS
A-4.1 SECTIONS
A-5.1 WALL SECTIONS
A-5.2 WALL SECTIONS
A-5.3 WALL SECTIONS
A-7.1 INTERIOR ELEVATIONS
A-8.1 DETAILS
A-8.2 DETAILS
A-8-3 DETAILS
A-8.4 DETAILS
A-8.5 DETAILS
A-8.6 DETAILS
A-8.7 DETAILS
A-9.1 DOOR SCHEDULE
A-9.2 WINDOW & FINISH SCHEDULE
STRUCTURAL
S-1 FOUNDATION PLAN
S-2 GROUND FLOOR FRAMING PLAN
S-3 ROOF FRAMING PLAN
S-4 SECTIONS & DETAILS
S-5.0 SECTIONS & DETAILS
S-5.1 SECTIONS & DETAILS
S-5.2 SECTIONS & DETAILS
S-5.3 SECTIONS & DETAILS
S-5.4 SECTIONS & DETAILS
S-6 STRUCTURAL NOTES & SCHEDULES
S-7 STRUCTURAL WIND LOADS
MECHANICAL
M-1 MECHANICAL -FLOOR PLAN
M-2 MECHANICAL -GENERAL NOTES
M-3 MECHANICAL -DETAILS
M-4 MECHANICAL -DETAILS
PLUMBING
P-1 FLOOR PLAN
P-2 ENLARGED PLAN -TOILET ROOMS -PLUMBING
CITYOF MIAMI BEACH
BID NO: 21-08/09 1Y8
DATE: April 6, 2009
P-2.1 ENLARGED PLAN - KITCHEN-
SAN ITARY
PLAN -KITCHEN- WATER & GAS
P-3 WATER & GAS PIPING ISOMETRICS
P-3.1 SANITARY ISOMETRICS
P-4 PLUMBING, SCHEDULES, NOTES & DETAILS
P-5 PLUMBING -DETAILS
ELECTRICAL
E1.0 SIMBOL & FIXTURES SCHEDULE
E2.0 OVERALL SITE
E3.0 FLOOR PLAN-LIGHTING
E4-0 FLOOR PLAN-POWER
E4.1 KITCHEN ELECTRICAL PLAN
E5.0 FLOOR PLAN -SYSTEMS
E6.0 ELECTRICAL PANEL SCHEDULE
E6.1 RISERS LEGEND AND GENERAL NOTES
KITCHEN
FS-1.1 EQUIPMENT PLAN AND SCHEDULE
FS-1.2 PLUMBING PLAN AND SCHEDULE
FS-1.3 ELECTRICAL PLAN AND SCHEDULE
FS-1.4 SPECIAL CONDITIONS PLAN AND SCHEDULE
FS-1.5 REFRIGERATION PLAN AND SCHEDULE
FS-1.6 EXHAUST VENTILATOR PLAN
FS-1.7 FIRE SUPPRESSION SYSTEM PLAN
P-2.2 ENLARGED
Plans and specifications for this project are available and can be purchased for $20.00 at The
City of Miami Beach Procurement Division; 1700 Convention Center Drive, 3~d Floor, Miami
Beach, Florida, 33139, Call 305.673.7000 ext. 6230 or E-mail
theocarrascola~miamibeachfl.gov to secure your copy of the plans and specifications for this
bid.
CITYOF MIAMI BEACH
BID NO: 21-08/09 129
DATE: April 6, 2009
01000. ADDENDA AND MODIFICATIONS:
All addenda and other modifications made prior to the time and date of bid opening shall be
issued as separate documents identified as Addendums to the Contract Documents. (Please
see page 17.)
CITYOF MIAMI BEACH
BID NO: 21-08109 130
DATE: April 6, 2009
02000. TECHNICAL SPECIFICATIONS:
BID NO. 21-08/09
FOR CONSTRUCTION IMPROVEMENTS FOR THE CITY OF NORMANDY SHORES GOLF
COURSE CLUB HOUSE FACILITY (RE-BID)
SPECIFICATIONS
TABLE OF CONTENTS
INTRODUCTORY PAGES:
00001 COVER PAGE
00002 PROJECT DIRECTORY
00005 TABLE OF CONTENTS
DIVISION 0 - BIDDDING REQUIREMENTS. CONTRACT FORMS AND CONDITIONS (issued
b_y City of Miami Beach):
00850 LIST OF DRAWINGS
DIVISION 1 -GENERAL REQUIREMENTS:
01011 SUMMARY OF THE WORK
01025 SCHEDULE OF VALUES
01043 MECHANICAL AND ELECTRICAL COORDINATION
01050 FIELD ENGINEERING
01200 PROJECT MEETINGS
01312 CONSTRUCTION SCHEDULE CRITICAL PATH METHOD (CPM)
01340 SHOP DRAWINGS, PRODUCT DATA & SAMPLES
01510 TEMPORARY UTILITIES
01520 CONSTRUCTION AIDS
01530 BARRIERS
01590 FIELD OFFICES AND SHEDS
01600 MATERIALS AND EQUIPMENT
01700 CONTRACT CLOSEOUT
01730 OPERATING AND MAINTENANCE DATA
01740 WARRANTIES
DIVISION 2 -SITE WORK:
02011 SOIL INVESTIGATION DATA
02072 REMOVALS
02200 EARTHWORK
02221 EXCAVATING, BACKFILLING AND COMPACTION FOR UTILITIES
02280 SOIL TREATMENT
02511 ASPHALTIC CONCRETE PAVING
02529 CONCRETE SIDEWALKS, STRAIGHT CURBS, CURBS, GUTTERS AND
WHEELSTOPS
CITYOF MIAMI BEACH
BID NO: 21-08/09 131
DATE: April 6, 2009
02580 PAVEMENT MARKING
02660 WATER SYSTEMS
02720 STORM DRAINAGE SYSTEM
02731 SANITARY SEWER SYSTEM
02810 IRRIGATION SYSTEM
02840 SIGNAGE
02900 LANDSCAPING
02931 TREE AND PLANT PROTECTION
02935 SODDING
DIVISION 3 -CONCRETE:
03100 CONCRETE FORMWORK
03200 CONCRETE REINFORCEMENT
03301 CAST-IN-PLACE CONCRETE
03312 CONCRETE TESTING
03600 GROUT
DIVISION 4 -MASONRY:
04230 REINFORCED UNIT MASONRY
DIVISION 5 -METALS:
05400 LIGHT GAGE METAL FRAMING
05500 METAL FABRICATING
05520 METAL HANDRAILS
DIVISION 6 -WOOD AND PLASTICS:
06100 CARPENTRY
06190 WOOD TRUSSES
06300 WOOD TREATMENT
06400 ARCHITECTURAL WOODWORK
DIVISION 7 -THERMAL AND MOISTURE PROTECTION:
07190 VAPOR/RADON BARRIER
07210 BUILDING INSULATION
07270 FIRESTOPPING AND FIRE AND SMOKE BARRIER CALKING
07324 CONCRETE TILE ROOFING
07525 SBS MODIFIED BITUMEN MINERAL SURFACED ROOFING
07600 FLASHING AND SHEET METAL
07900 JOINT SEALERS
DIVISION 8 -DOORS AND WINDOWS:
08110 STEEL DOORS AND FRAMES
08210 WOOD DOORS
08300 TRAFFIC DOORS
CITYOF MIAMI BEACH
BID NO: 21-08/09 132
DATE: April 6, 2009
08305 ACCESS PANELS
08331 OVERHEAD COILING DOORS
08520 ALUMINUM WINDOWS
08710 FINISH HARDWARE
08800 GLASS AND GLAZING
DIVISION 9 -FINISHES:
09200 METAL STUDS, LATH, SUSPENION CEILING, PLASTER AND STUCCO
09250 GYPSUM WALLBOARD
09310 CERAMIC TILE
09510 ACOUSTICAL CEILINGS
09660 RESILIENT TILE
09682 CARPET
09730 EPOXY RESIN FLOORING
09901 PAINTING
09905 EPOXY RESIN WALL FINISH
DIVISION 10 -SPECIALTIES:
10170 SOLID TOILET PARTITIONS
10200 ARCHITECTURAL LOUVERS
10350 FLAGPOLES
10400 IDENTIFYING DEVICES
10500 LOCKERS
10522 FIRE EXTINGUISHERS
10710 COLONIAL SHUTTERS
10800 TOILET ROOM ACCESSORIES
DIVISION 11 -EQUIPMENT:
11400 FOODSERVICE EQUIPMENT
DIVISION 12 -FURNISHINGS:
NOT USED
DIVISION 13 -SPECIAL CONSTRUCTION:
NOT USED
DIVISION 14 -CONVEYING SYSTEMS:
NOT USED
DIVISION 15 -MECHANICAL:
15000 BASIC MECHANICAL REQUIREMENTS
15010 GENERAL PROVISIONS
15023 CODES AND STANDARDS
CITYOF MIAMI BEACH
BID NO: 21-08/09 133
DATE: April 6, 2009
15073 MINOR MECHANICAL DEMOLITION
15140 SUPPORTS, BASES, AND ANCHORS
15170 MOTORS
15190 MECHANICAL IDENTIFICATION
15242 VIBRATION ISOLATION
15260 PIPING INSULATION
15371 KITCHEN HOOD AND DUCT FIRE SUPPRESSION SYSTEM
15412 SOLID AND WASTE SYSTEMS
15420 PLUMBING PIPING
15430 PLUMBING SPECIALTIES
15440 PLUMBING FIXTURES & ACCESSORIES
15450 PLUMBING EQUIPMENT
15510 PIPING (HVAC)
15535 REFRIGERATION PIPING AND SPECIALTIES
15671 AIR COOLED AIR CONDITIONING CONDENSING UNITS
15817 ELECTRIC RESISTANCE DUCT HEATERS
15821 FANS
15855 AIR HANDLING UNITS
15870 POWER VENTILATORS
15885 AIR FILTERS
15890 DUCTWORK
15895 DUCTWORK ACCESSORIES
15936 GRILLES, REGISTERS, DIFFUSERS
15990 START-UP REQUIREMENTS FOR HEATING, VENTILATING & AIR
CONDITIONING (HVAC) SYSTEMS
15991 TESTING, ADJUSTING AND BALANCING (TAB) OF HEATING, VENTILATING
& AIR CONDITIONING (HVAC) SYSTEMS
15992 TEST-PIPING SYSTEMS
DIVISION 16 -ELECTRICAL:
16010 BASIC ELECTRICAL REQUIREMENTS
16020 WORK INCLUDED
16025 CODES, FEES, AND STANDARDS
16050 BASIC MATERIALS AND METHODS
16111 CONDUIT
16123 BUILDING WIRE AND CABLE
16130 BOXES
16141 WIRING DEVICES
16180 EQUIPMENT WIRING SYSTEMS
16190 SUPPORTING DEVICES
16195 ELECTRICAL IDENTIFICATION
16440 DISCONNECT SWITCHES
16450 GROUNDING
16470 PANELBOARDS
16476 ENCLOSED CIRCUIT BREAKERS
16510 INTERIOR LUMINARIES
16721 FIRE ALARM SYSTEM
CITYOF MIAMI BEACH
BID NO: 21-08/09 134
DATE: April 6, 2009
04000. ACKNOWLEDGEMENT OF ADDENDA
Invitation for Bid No. 21-08/09
FOR CONSTRUCTION IMPROVEMENTS FOR THE CITY OF NORMANDY SHORES GOLF
COURSE CLUB HOUSE FACILITY (RE-BID)
Directions: Complete Part I or Part II, whichever applies.
Part I: Listed below are the dates of issue for each Addendum received in connection with this
Bid:
Addendum No. 1, Dated _~w~~l 27, 2ao y
Addendum No. 2, Dated ~P~` ~ ~i Zvo~
Addendum No. 3, Dated ~/~~ ~ 7, Zav/
Addendum No. 4, Dated
Addendum No. 5, Dated
Part II: No addendum was received in connection with this Bid.
Verified with Procurement staff
~~o ~GL ~Y~aS~v ~p'`° I ~ 2do~
Name of Staff r Date
~-
~Gl ~/lO~ ~,o~~~~ ~~ Zr~
%' ders- Name Date
,%
ignature
CITYOF MIAMI BEACH
BID NO: 21-08/09 135
DATE: April 6, 2009
05000. CUSTOMER REFERENCE LISTING
General Contractor (and/or Sub-Contractors) shall furnish the names, addresses, telephone, fax
numbers and a-mail addresses of a minimum of 8 references of a minimum of four (4) separate
completed projects.
1) Company Name TV1{{, t~2~~~~'c.~ ~ ~W ~`~.
Address 3tS 5 ~ISL~i~t'1~.~1vC~ !mil 1 ~rvt i ~L .313 1
Contact Person/Contract Amount(:a,~ts.{1~~, C(~.Y~~-~C ~ ~ ~~ ~"~ 2C~, y - Z, - I CU.'1 B~' ~LkC ~~
Telephone: 3~t~ - ~ fit; - ` c1 Lk~ Fax:.~C:;'~ - N Ic~G -- ~~cl 1 1
E-mail: LLt~V V~+~ G ~~ 1C~.~~ G •-'~~~~ . CC'~Yr?
2) Company Name ^TF1-~ ''P~Y~~}eCl C~v'~~=p
Address ;~i5 ~. 3i`~c.is.~n-~ ~i~c~, p~~t~mt FL 3.131
Contact Person/ContractAmount~C:+.~C-~ k:~utt:~t'v"'~ 3 ~`~i, 1~~fi, `i~~'~ -~i~'v:~np - , IT, JJ~
Telephone:'~oS-t-ll~C - ~~lc.,~ Fax: ~`=S -~~G -• ~J~{ ( 1
E-mail:~i-,~~'}SC:~,'1 ~. R~lc~.-~-~~c;(~,u}~• CC=~'~'1
3) Company Name ~\}C~~f~1(~ t~S , ~,~,~,
Address 2~~SZ tv. CLf ~t~'S5 C r~~~ R~, ~{- LCit/()-~.~C~c~EF J ~L 333U~j
Contact Person/Contract Amount ~'L~~"-k ~~C~~i ~~t~ S '~ iN, ~5~ -'~i~.~ ~v,'+
Telephone:q"=`-~-'Z1t/-~t{~{~j Fax:
E-mail:
4) Company Name ~(~'1f 'cS(._ ~~Y'U:%~ L~ ~< <~~1Cc~1~~ ~ ~1C~.~~
Address ~-l~-t iA~r ~;('t- i~,C,{, } 1.~~~~f ~~ 'k. , -~~: C~Z ~~(c
Contact Person/Contract Amount±~~'C~n1c... ~r~Ma-E' 1Ey ~ SI, 575, 77S ~ j(;;ccc~~Ct.z,~,
Telephone:'-(Ui - ? ~ `d -~-~ c=~'1 Fax: ~-t(~l -' % ~ L - ~
E-mail:
CITYOF MIAMI BEACH
BID NO: 21-08109 136
DATE: April 6, 2009
5) Company Name
Address
Contact Person/Contract Amount_L~~ ~~Y~[aC S ~7(c, ~~`~~', Z-~~=` ~~~-~~ Cl~'~ ~
Telephone: ~ Sic ~ 21 L -• Zl~ 33 Fax:
E-mail: L ~` 1e.:~.hoc:~c~~ S ~~ 1~~~-rnu ~ 1~ Culp
6) Company Name 0 ~yh'1 ~t tt p~ v~~~ ~ I ~~ U
Address ~~~ ~ rJW 1 1~7 ~~.-~~ 1-},~ ~-~~~-.~ F L 33c~1(~~
Contact Person/Contract Amount IZ~,r°~ -~ ~,~t'~I-t'Z. ~' C~1 ~-) UU UDG
Telephone: ~~CS - 6Zl - ~1 f 1 Fax: ~~~`~ ' ~ Z 1 - S"3~~
E-mail: f_~~+'Yt-~-rl-~Z t~ ~~..~vt~T~~(u~-~rnt~ ('1~' ~
7) Company Name ~UfUY~ ~~~~~~
Address ~LL~ ~Y tC~t) ~ J i~t(~Nii ~l- 3313)
Contact Person/Contract Amount5~l~~t ~f~~~Sk~ I ~ 15C;, Z7~ ~~ i - ~t~r~c_~r'i; ~,~c:nc~~1
Lin ~-~
Telephone:_3~`~ - X15 5`' `1 ~7~ Fax:
E-mail:_`t ~'P ~~-~ ~ ~- .~i~c~rt G~~C~+ )i~ ~ (.'C)~1
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8} Company Name ~l~'1f ~-e`(.~.~`C~ ~lt~ ~;~~
Address
Contact Person/Contract Amount~[~1~+'1 ~-~(.~DI~"'~){1~ ~ ~7' 3 . (n~~ -1, ~l S 1 - 3~~U~~~
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Telephone : 7~S(~ -yuL- 3~Sz I Fax:
E-mail: )~It;~L~ ~n ~!~ 7 l~~ 1 ~ ~ 15~~.)-~ , ~'}1a T~
CITYOF MIAMI BEACH
BID NO: 21-08/09 137
DATE: April 6, 2009
06000. SUB-CONTRACTOR LISTING INFORMATION
BID NO. 21-08/09
FOR CONSTRUCTION IMPROVEMENTS FOR THE CITY OF NORMANDY SHORES GOLF
COURSE CLUB HOUSE FACILITY (RE-BID)
SUB-CONTRACTORS PROVIDING SERVICES TO THIS PROJECT
(Telephone and fax no.l
Name: ~ ~ ,~~
Tel: 30.x' S/2 . ~?3 S
Name: ~~ti Z~
Tel: 3vs 2 ¢~, 32Z 3
Fax: ~oS. 24G, ocF~l
Name: ~s ~u~,r
Tel: 3l~J ,, 32S o 3'30
Fax: 3oJ .. ~ ZS~. vG~ ~
Name: Ti~1~
Tel: / 5~. ~ Zo. dSS :~
Fax: !.~¢ • ~~• JS ~(i
Name:,~GO~S~~t
Tel: 3~S• gzz . Z ~4-~
Fax: 3oS : ~z2. 5Z~ b'
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Name:
Tel: SS~~ . 7d',~ ~~GG
Fax: 5,~¢ , Z b~l~, $y~
S~~f Gvl/c~~i"
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(Attach additional forms if necessary)
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CITYOF MIAMI BEACH
BID NO: 21-08109 138
DATE: April 6, 2009
06000. SUB-CONTRACTOR LISTING INFORMATION
BID NO. 21-08/09
FOR CONSTRUCTION IMPROVEMENTS FOR THE CITY OF NORMANDY SHORES GOLF
COURSE CLUB HOUSE FACILITY (RE-BID)
SUB-CONTRACTORS PROVIDING SERVICES TO THIS PROJECT
(Telephone and fax no.)
Name: ~ , ~ ~''~~,/.~'7
Tel: `~ S4. 7 ~'d'• Olli~i
Fax: 9~~ • ~YY..~~~
Name:~~~ f v~1
Tel: S!v/. ll,r(,~, !~'ZZ
Fax: .S7i/• ~ZZ. ,~'~'(
Name: ~-~ ~~t.
Tel:~IS~. 3 1> ~s~UD
Fax: `'/TQ • 327, ~i7~1
Name: d (Y~.~..~ ~ ~S
Tel: J'Os~, (. ° !
Fax: 3vs .. ~zl. 5333
~I /~
Name: /va~~~r
Tel: ,~~, SSA, >¢ZL
Fax: ~, Ss~i . oSb'7
Name: 'J~Sc y
Tel: SGl- 732. 0.~~
Fax: ~l/(• ~ 32 . l6 ~~
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(Attach additional forms if necessary)
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71
CITYOF MIAMI BEACH
BID NO: 21-08109 138
DATE: April 6, 2009
m MIAMIBEACH
City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
PROCUREMENT DIVISION
Tel: 305-673-7490, Fax: 786-394-4235
Invitation To Bid (ITB) NO. 09-08/09 (Revised)
Addendum No. 1
December 19, 2008
Notice to All Vendors
2. The updated drawings are available in digital format on CDs. Please call Theo Carrasco
at 305.673.7000 ext. 6230, or a-mail theocarrascoCa~miamibeachfl.gov to secure a CD
set of the Plans and Specifications. The CD is free to any vendor that already
purchased the plans and specifications CD. Otherwise, the cost for these CDs is
$20. Company checks and cash accepted, no credit cards please. The CDs can be
picked up in the Procurement Division, 3rd Floor, City Hall.
3. The ITB deadlines have been updated as follows:
Deadline for receipt of questions January 12, 2009 at 5:00 p.m.
Deadline for receipt of BIDS January 30, 2009 at 3:00
p.m.
Evaluation process February 2009
Contract Award February 2009
Projected Project Initiation Start Date March 2009
All past performance surveys need to be submitted by the client directly to the City no
later than January 30, 2009. All surveys are to be emailed directly by the client to Theo
Carrasco at theocarrasco(c~miamibeachflgov or faxed to 786-394-4235.
4. The Administration will rank all responsive bidders and submit their recommended
ranking to the City Manager. The evaluation and scoring process to determine the
ranking of bidders will be as follows:
• (15 points) -RAP /VAS Submittal - A Preliminary Project Schedule should be
attached to the RAP /VAS. The description for the risks identified in the RAP
should not include any additional cost or time. These are risks that the contractor
may not have direct control over but will try to minimize. Value Added Submittals
(VAS) may increase /decrease project cost or time.
• (5 points) -Past performance based on number and quality of the Performance
Evaluation Surveys received.
• (20 points) -Presentation and Interview of Key personnel.
CITYOF MIAMI BEACH
BID NO: 21-08/09 139
DATE: April 6, 2009
(60 points) -Base Bid Price -All bidders shall be required to include, as part of
the submittal, a breakdown of the Lump Sum (base bid) amount, with sub-totals
for Divisions 1 through 16, as listed in Section 00407, on page 50. A proportional
amount for overhead and profit should be separately listed in each Division. The
pricing information, will be shared with the Administration at the evaluation
meeting prior to the interviews of the key members of the contractor's team.
5. Revisions have been made to the verbiage of "Section 00408 SCHEDULE OF PRICES
BID" (Page 49-50) so as to clarify the City's intent to base the Cost Component of the
evaluation and scoring on the Grand Total Bid, inclusive of Lump Sum Bid, plus
Allowances, plus any Alternates. The revised pages are provided in the CD for this
Addendum.
Questions and Answers
Q1. Are the fireplaces "real working" masonry fireplaces? If so, please provide the
sections/details of the fire block and box design.
A. Yes they are real. Additional information will not be available until after January 9,
2009.
Q2. In Drawings 1/A5-2, 5/A5-2, 6/A5-2, 7/A5-2, and 8/A5-2, please provide details and
specifications of the exterior cornice and molding finish.
A. Cornice /moldings can be wood or pre-fab vinyl. See revised drawings, dated 12-
17-08.
Q3. Please provide details and specifications of the roofing and bay windows.
A. See revised Wall Section 5/A5-2.
Q4. In page 54 of the bid document, item 27 notes "re-install and re-shape existing
wood beams." Please explain.
A. There are existing "historic" wood beams on the site that were removed from the
previous clubhouse building that need to be re-installed in the Covered Outdoor
Dining area roof. The beams will need to be cut down to size, sanded, re-finished
and re-installed in new roof area.
Q5. In Drawings C=-1 and A-1.3, please clarify if the finish floor elevation is +12.17 or
+11.00.
A. Floor finish is +11.00'.
Q6. Please provide details and specifications of the brick veneer.
A. There is no specification section, see details in revised sheet A8-1.
Q7. Please provide details and specifications of the architectural louvers.
CITYOF MIAMI BEACH
BID NO: 21-08109 140
DATE: April 6, 2009
A. See attached Specification Section 10200.
Q8. Please provide details and specifications of the colonial shutters.
A. See attached Specification Section 10710.
Q9. Please provide details and specifications of the lockers.
A. See attached Specification Section 10500.
Q10. Please provide details and specifications of the fire alarm system.
A. See attached Specification Section 16721.
Q11. Please provide details and specifications of the security alarm system.
A. There is no security alarm system to be provided under this contract.
Q12. Please provide details and specifications related to the fencing surrounding the
relocated palm trees.
A. See Specification Section 02931.
Q13. What are the weight limits on both bridges accessing the island?
A. Bridge #876728 located at Bay Drive over Normandy Waterway Operating Load
Rating is 61 Tons.
Bridge #876729 located at Biarritz Drive over Normandy Waterway Operating
Load Rating is 75 Tons.
The above respective load ratings are determined by truck axle and weight
configurations - If your transport vehicle including inventory GVW is less than the
above Operating Load Rating you may proceed - However a Right of Way Permit
will be required.
Q14. The specifications only state hardware sets 1 and 2. Please provide hardware
sets 3-16 per A-9.1 door schedule.
A. This information will not be available until after January 9, 2009.
Q15. In Drawing M-1, is it the intent to use the north fireplace in the lounge as a chase
for air conditioning ductwork? Currently there is a 16 x 14 duct shown inside the
fireplace.
A. Yes.
Q16. In Drawing M-2, "A/C mounted detail" incorrectly shows a steel bar joist system.
Please provide a revised detail for a wood truss system.
A. This information will not be available until after January 9, 2009.
CITYOF MIAMI BEACH
BID NO: 21-08/09 141
DATE: April 6, 2009
Q17. In Drawing A-8.2, please clarify what interior partitions need sound attenuation
batt. For example, the partition between the corridor and men's toilet (detail 18/A-
8.2) ask S.A.B. and the partition between corridor and women's toilet (detail 18/A-
8.2) does not show S.A.B.
A. Has been revised, see revised sheet A-2.2.
Q18. Please clarify the insulation R-Valve for ceilings (plans show R=20 and specs
R=30).
A. All drawings have been revised to R=30.
Q19. Ceiling insulation at some areas is not covered with drywall (as per plans)
attached between bottom chord or trusses and at 2' - 4' above acoustical ceilings.
Please clarify the material specifications for that insulation.
A. Batt insulation laid on ceiling or attached to trusses.
Documents Contained in CD
1. December 9, 2008 Pre-Bid Conference Sign-In Sheet
2. Bid Breakdown Sheet -Updated 12.19.08 (excel worksheet)
3. 06159-E3.0-Layout1
4. 06159-P-1-Layout1
5. 06159-P-3-Layout1
6. 06159-P-4-Layout1
7. 06159-P-5-Layout1
8. A8-1
9. A8-2
10. A8-4
11. A8-7
12. A9-1
13. A9-2
14. A-1.5
15. A-2.1
16. A-2.2
17. A-2.3
18. A-2.4
19. A-2.5
20. A-3.1
21. A-4.1
22. A-5.1
23. A-5.2
24. C-3 -Clubhouse Site Paving Grading & Drainage Plan - 05
25. C-4 -Clubhouse Water & Sewer Plan - 02
26. D-2 -Clubhouse Water & Sewer Details - 02 - D-2 Water & Sewer Details
27. I-1
28. L-S.2
29. Section 10200
30. Section 10500
CITYOF MIAMI BEACH
BID NO: 21-08/09 142
DATE: April 6, 2009
31. Section 10710
32. Section 16721
CITY OF MIAMI BEACH
~~,
Gus Lopez, CPPO
Procurement Director
CITYOF MIAMI BEACH
BID NO: 21-08/09 143
DATE: April 6, 2009
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
PRC?CUREMENT DIVISION
Tel: 305-673-7490, Fax: 786.394-4235
Invitation To Bid (ITB) NO. 09-08/09 (Revised)
Addendum No. 2
December 24, 2008
Questions and Answers
Q1. Please provide specifications for window shutters shown on building elevations.
A. They were provided as part of Addenda No. 1, specification Section 10710.
Q2. Drawing A-1.3 shows separate phases to be performed. Phases I and II are shown
in A-1.5 and A-1.4 respectively. Please confirm and explain.
A. Project has to be performed in 2 phases, Phase 1 first and then Phase 2. The
Owner is operating a temporary clubhouse from the existing North parking area
and that must remain in use until the new clubhouse building is complete and the
owner can move in. Then the Contractor can start Phase 2. The area of Phase 2
must be barricaded from the construction site by a 6'-0" high temporary chain link
fence with a visual barrier. The entire construction area must also be provided
with the same type of temporary barrier.
Q3. Details on A-8.6 calls for cornice and exterior molding finish to be indicated on the
specifications. However, this information could not be located. Please indicate
whether these can be made with foam and plaster finish.
A. Addenda No. 1 clarified this condition. And yes, they can be made with foam and
plaster finish.
Q4. Please provide details and specifications for the augercast piles in the PSI.
A. All pile information is provided in the structural drawings and the PSI report for
installation procedures.
Q5. Please confirm that this project does not have a General Contractor appointed.
A. This project does not have a General Contractor appointed. The purpose of this
bid is to select the General Contractor.
Q6. Please provide detailed drawing and specifications for custom cabinet and
countertop to the following rooms:
• Bar Room 014 -Item B-1 on Spec page 11400-77
• Bar Room 014 -Item B-15 on Spec page 11400-82
• Bar Room 014 -Item B-17 on Spec page 11400-83
• Bar Room 014 -Item B-19 on Spec page 11400-84
• Bar Room 014 -Item B-21 on Spec page 11400-85
• Pro Shop Room 007
CITYOF MIAMI BEACH
BID NO: 21-08/09 144
DATE: April 6, 2009
A. Bar are details to be provided in Addendum to be issued in January. Pro Shop
will not have any built-in cabinetry under this contract.
Q7. The elevations and sections show a brick veneer called out as a Brick-it System.
Local suppliers are indicating that local ordinances may require a jumbo brick to
match other buildings in the area. Please clarify.
A. Not required. Brick-it type (brick veneer) system has been approved by City of
Miami Beach, DRB.
Q8. Page A-1.2 in the civil drawings indicates to demo an asphalt parking area with
curbs. The site has a newly paved parking area to the left of the entry. Page C-3
states to mill and resurface. Is this to be demoed or just the old curbs? Please
clarify.
A. Sheet A-1.2 to be revised to call out same as in C-3, mill and re-surface only. For
curbs, see response below.
Q9. Sheet C-2 shows a D-curb at all locations in and throughout the parking lot. If the
D-curb is correct, shall it stop at the property line or continue onto Biarritz Drive?
Please confirm and clarify.
A. The only new D-curb is at the edge of the pedestrian sidewalk in front of the new
clubhouse. The existing curb in the main entrance island is to remain. All other
existing curbs are to be removed.
Q10. Please clarify the "limits of construction" and what is meant by Phase I and Phase
ll.
A. See response to Q2.
Q11. In regards to the geotechnical study, will the owner be responsible for soil
remediation if any hazardous materials are encountered during excavation or as a
by product of the auger pile spoils material?
A. The owner will not be responsible for any work. It is know that the existing soils
are contaminated with carcinogenic material and ALL disturbed soils or excavated
soils will need TO REMAIN ON-SITE. No soil can be removed. Excavated soils
will need to be distributed to raise the areas around the clubhouse and any/all
islands or areas of landscape.
Q12. In regards to the geotechnical study, has an environmental assessment for the
presence or absence of hazardous or toxic materials (naturally or other) in the soil
and groundwater been done?
A. See response to question above.
Q13. Please provide specifications on the weather resistant barrier required before the
installation of brick veneer to exterior walls.
A. That was clarified in drawings issued in Addenda No. 1.
Q14. Are the bid breakdown items for addition or deductions?
CITYOF MIAMI BEACH
BID NO: 21-08109 145
DATE: April 6, 2009
A. The unit quantity breakdown is provided FOR INFORMATIONAL PURPOSES
ONLY. Bidders shall rely on their own quantity take-offs in the development of
their lump sum prices. Cost component of award will be based on the Grand Total
Bid (Lump Sum Base Bid, plus Allowances, plus none, any, or all Alternates which
will be selected at the City's sole discretion and based on funding availability).
Bidders must include the unit quantity in order for their bid to be deemed
responsive. Bidders are able to add items to the breakdown sheet. NO ITEMS
CAN BE DELETED. If an item is not applicable to this project, the bidder must
total it at zero or not "NlA."
Q15. The suppliers of lighting fixtures cannot send prices by items, only by packages.
What should the bidder do in this case?
A. Regardless of how supplies price their materials, the bidder is responsible for
providing a unit price for each good and service itemized for this bid to justify the
grand total bid.
Q16. Please clarify the type and size of the baseboards.
A. There are four types of baseboards in the project, as follows:
1. Ceramic tile, to be provided in rooms with ceramic floor the (all toilet
rooms only).
2. Rubber (6"), to be provided in rooms with resilient floor tile.
3. Epoxy Resin, to be provided in rooms with epoxy resin floor finish.
4. Wood base (6"j, to be provided in rooms with carpet and ceramic the
other than the toilet rooms).
Q17. Please clarify the color and size of the hinges (4" or 4.5").
A. This will be clarified with a revised Hardware Schedule to be issued in new
Addenda for January.
Q18. Please provide the details and specifications of the interior and exterior door
frames.
A. Details are provided in the drawings Sheets A-8 (detail sheets) and specifications
provided in Division 8.
Q19. In the Kitchen and Dining Room, please provide the details and specifications for
the hinges (regular, floor, spring hinges). (#16 and #17)
A. See attached specification Section 08300 for kitchen traffic doors.
Q20. Please provide the details and specifications for the metal doors with wood
frames with 12" glass. (#18 and #20)
A. See revised drawings and schedule issued under Addenda No. 1.
Q21. Please provide the details and specifications for the wood door and frame with the
"B" label. (#24)
A. See revised drawings and schedule issued under Addenda No. 1.
Q22. Can the past performance evaluations submitted ITB 04-08/09 for the construction
improvements for the cart barn storage facility for this ITB?
A. Yes, the surveys submitted for ITB 04-08/09 can apply for this bid.
CITYOF MIAMI BEACH
BID NO: 21-08/09 146
DATE: April 6, 2009
CITY OF MIAMI BEACH
~~
Gus Lopez, CPPO
Procurement Director
Attachments
1. 08300 Traffic Door
CITYOF MIAMI BEACH
BID NO: 21-08/09 147
DATE: April 6, 2009
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
PROCUREMENT DIVISION
Tel: 305-673-7490, Fax: 786-394-4235
Invitation To Bid (ITB) NO. 09-08/09 (Revised)
Addendum No. 3
January 16, 2009
Notice to Potential Vendors
1. Revised section 08710, pending from a prior Addendum is attached.
2. The revised drawings attached with this addendum can be downloaded at the
following site: http:/1web.miamibeachfl.govlprocurementlscroll.aspx?id=40768. In
case the files are not available online, please contact Theo Carrasco at 305-673-
7000 ext. 6230 or theocarrasco(a~miamibeachfl.gov.
Questions and Answers
Q1. The section through the bar cabinet in A-8.7 shows a granite countertop. Please
provide species and thickness.
A. s/4" Surf Green, see revised Detail Sheet A8.7.
Q2. In reference to A-9.2, the finish schedule calls for ceramic the at rooms # 002, 004,
007, and 012. However, the material information could not be located. Please
provide specifications for ceramic the at each of these rooms, including but not
limited to: manufacturer, size, material type, installation package, etc.
A. Bathroom Wall Tiles -Dal Tile -Semi-gloss 4'/4" x 4'/4" mix of Group 1 and Group
4 Colors 50 / 50 mix pattern to be determined.
Bathroom Floor Tiie -Dal Tile -Mountain Peak Colorbody Procelain 12" x 12",
Spruce MP03 with coordinating Cove Base #SC36C9t 6" X 12" and Corner Trim
#SC36C9T.
Q3. In reference to A-9.2, the finish schedule calls for carpet at room # 001, 003, 005,
006, 008, 015, and 017. However, the carpet material selection could not be
located. Please provide specifications for carpet, including but not limited to:
manufacturer, type, color, weight, etc.
A. Carpet to be as manufactured by "Cambridge" installed over'/4" flat rubber pad as
follows:
Locker Rooms, Office and Corridor to Locker Rooms: Concord, style #6CND
Pra Shop: Chesapeake style #6CSP
Dining: Newport style #6NPT
CITYOF MIAMI BEACH
BID NO: 21-08109 148
DATE: April 6, 2009
Q4. Please provide details and specifications for the concrete pavers.
A. Outdoor Dining Area and Entry Loggia Floor -Dal Tile -Quarry Tile, Price Group
2, 6" x 6" x 3/8" with coordinating Cove Base and appropriate trims: Cove P-3665
6" x 6", Cove Corner PCR-L-3665 6" x 6", Inside Cove Corner PB-3665 ~/4" x 6".
Q5. What is to be done at the conflict S-3 and the existing sanitary line? Please
advise.
A. The structure for S-3 is acting as a conflict structure in order to accommodate the
existing sanitary line.
Q6. Will the sanitary manholes be painted? Please advise.
A. Yes, they should be painted with epoxy paint on the inside.
Q7. The hallway between the kitchen (019) and Dining Area (015) has (1') Fixture type
"N" and is shown to need an emergency ballest. This is an incandescent fixture
therefore not applicable. Should there be an emergency light placed in this area?
A. Yes. Provide an emergency light fixture type "A".
Q8. Please provide clarification on quantity and fixture types for the monument signs.
A. Refer to updated fixture schedule type "T" for fixture information.
Q9. There is no CT Cabinet shown in the drawings. Please provide the location to
know where it needs to be installed on the exterior wall of the electric room.
A. Install FP8~L meter on exterior wall of Electrical Room, with a 1 '/4" conduit to
FP8~L transformer
Q10. On Sheet E-6.1, General Note #4 clearly identifies the manufacturer to be Siemens
Building Technologies. On Sheet E-5, the fire alarm riser diagram shows a
conventional design (zones) rather than an addressable system. This type of
system is geared for larger structures and facilities. It is assumed that the intent
is to use an addressable system due to its obvious benefits.
Is it acceptable to provide an alternate manufacturer gear to this size of project
instead of the Siemens system since the cost for this manufacture is extremely
high and proprietary in many factors, programming, parts and devices, as well as
monitoring services? Alternate manufacturing can provide lower cost on
equipments as well as manageable systems.
A. Provide an addressable system Siemens, Simplex or EST.
Q11. In the Project Manual, Division 13 indicates "Not Used." However, in the bid
breakdown form, the City requests pricing information on fire and security alarms.
Question 11 of Addendum 1 replied that there is no security system provided
under this contract. Please clarify.
A. It is not used, there is no security and F/A is under Division 16.
Q12. On the revised bid breakdown form, cell H31 "subtotal of all divisions" is being
included in the General Conditions and being added again in cell H23. Please
clarify.
A. Please disregard. An updated bid breakdown sheet is provided in this addendum.
CITYOF MIAMI BEACH
BID NO: 21-08109 149
DATE: April 6, 2009
Q13. In regards to Drawing A-8.2 and A-9.2, Detail 16/A8.2 shows the suspended ceiling
with one coat veneer plaster at the toilet room. The finish schedule in page A-9.2
shows gypsum wall board. Please clarify.
A. Drawing A-8.2 has been revised, see attached. Ceiling to be moisture resistant
gypsum wallboard.
Q14. Does the Contractor have to use imported structural fill to bring the building pad
to the required elevation? What kind of fill material and compaction can be used?
A. No, structural fill is not required. The fill is only to use to form the slab.
Q15. Why is metal lathe used on the block walls?
A. The metal lathe is being installed as part of the "thick application" as
recommended by the manufacturer. This is the application to be used.
Q16. What size are the bricks? Are the bricks to be painted after completion?
A. The bricks are to be Brick-it, Golden Bluff, size 4x12x1/2". They are to be painted
"white".
Q17. What size firebox is to be used in the fireplace? Are fire places standard fire
boxes in the runnier board? Are clay place liners to be used?
A. See new Sheet A-5.3 with Chimney Section and all required specifications.
Q18. In regards to Question 11 of Addendum 2, what exactly is the carcinogenic
material on-site and how cancer-causing is it? To what level of concentration is
the contamination? Where on-site are the contaminated soils stockpiled?
A. The environmental study is available at the City of Miami Beach for your review.
Please contact Humberto Cabanas at 305-673-7000 ext. 4105 or
humbertocabanasCa?miamibeachfl.gov.
Q19. Is there an environmental study available for review?
A. See response to Q18.
Q20. What is the protocol to store and handle the contaminated material?
A. There is no protocol, however you can verify with the environmental study as
indicated in Q18.
Q21. What will the finish grades be within the proposed cart storage area north of the
new proposed clubhouse and new cart path on east project limits?
A. Drawing will be revised and issued with next Addendum.
Q22. Please provide the window schedule for the sills.
A. All windows, except K, J, & L have brick /concrete sills as indicated 47/AS-S.
Windows K,J & L are indicated in revised Details 45 8~ 46/A-8.5 attached to this
Addenda.
Q23. Please provide the finish schedule for the columns and moldings. The painted
finish would apply to which specie wood?
A. There is no schedule, all columns and moldings throughout are to be painted.
Species to be either clear pine, clear fir or red oak.
CITYOF MIAMI BEACH
BID NO: 21-08/09 150
DATE: April 6, 2009
Q24. What is the finish for the toilet rooms?
A. Ceramic tile, see response to question Q2.
Q25. For Office #017, what is the finish to be applied? Is this for the countertops only?
A. Office finish as indicated in Schedule to be gypsum wallboard painted.
Countertop is plastic laminate.
Q26. Please provide the elevation, millwork details, equipment and finish schedule for
the bar.
A. Elevation and details provided in Sheet A-7.2 and 56/A8-7. Equipment indicated in
FS Sheets and Specification Section No. 11400, finish of this equipment to be
stainless steel.
Q27. Please provide the elevation, millwork details, equipment and finish schedule for
the kitchen.
A. There is no millwork in the kitchen. The requirements for the Custom Fabricated
Stainless Steel Equipment are clearly spelled out in the Foodservice Section
11400 Specifications. The specifications also include a Standard Details Section
showing typical elevation of the stainless steel equipment. If the bidders require
additional information regarding the stainless steel fabrication, please forward a
written RFI and we wilt respond to their specific questions.
Q28. In regards to the bar, does the countertop extend into the bay window? Are
cabinets millwork or stainless steel and alternate for wood?
A. Elevation and details provided in Sheet A-7.2 and 56/A8-7. Equipment indicated in
FS Sheets and Specification Section No. 11400.
Q29. In regards to the bar top, A-8.7 shows granite on the bar top. What type of granite
and thickness is to be used for this material?
A. See response to Q1.
Q30. On Sheet E-2.0, the momentum signs refer to civil drawings for fixture catalog
numbers for the lighting. This fixture was left off of the fixture schedule and the
civil drawing is not available. Please advise.
A. Refer to the architectural drawings for details on the monument signs. The light
fixtures have now been added to the fixture schedule E-0.
Q31. In regards to the drawings provided in Addendum 1, there exists a conflict
between the answer to Question 1 and Question 15. If the fireplace is working
properly, it would be incorrect to place an AC duct inside of it. Please clarify.
A. The fireplace is pre-fab, see new Sheet A-5.3. The duct can run through the
masonry space built for the pre-fab flute. There is ample room to run both.
Q32. Please provide the specifications and materials needed for the wells.
A. Please explain. There are no wells in this project.
CITYOF MIAMI BEACH
BID NO: 21-08/09 151
DATE: April 6, 2009
Q33. In regards to the entrance sign, A-8.7 shows both coral stone and granite to be
used. What is the material spec for these finishes (size, supplier, color, etc.)?
A. See revised detail.
Q34. In regards to the exterior, the exterior elevations and details show quarry
keystone being used on the exterior walls. What is the material spec for this
finish (size, supplier, color, etc.)?
A. That was revised in Addenda No. 2 sheets.
Q35. In regards to the walk-in cooler, the specifications call for quarry the to be used
and the ramp leading to the cooler. What is the material spec for these finishes
(size, supplier, color, etc.)?
A. Not just in the ramp, the entire cooler/freezer has a quarry the floor. See
Specifications attached.
Q36. In regards to the lounge, the finish schedule calls for the to be used on the floor.
What is the material spec for these finishes (size, supplier, color, etc.)?
Additionally, is there a floor plan available showing the layout for this finish?
A. The lounge area will have a concrete tile, two colors: Dark Sea Green, VE-040 and
Arabian Green VE-015 as manufactured by Villa Lagoon Tile. There will be a
border (2-3 the width) and the interior will be at diagonal.
Q37. Please verify the brick veneer needed for this project.
A. It is specified in all building wall sections.
Q38. Please provide the circuitry information and fan control diagram for exhaust fans
1 and 2 located on the roof over the men's and women's restrooms.
A. Wired to bathroom light switches (120v.)
Refer to mechanical fan schedules and Revision #3
Q39. What are the limits of the chair rails and moldings in the interior of the building?
A. In all walls of lounge and dining only.
Q40. In regards to the flagpole, is it to have internal or external halyard? What is the
finish?
A. External halyard, anodized finish.
Q41. In Sheet A-2.2, lockers are indicated at the locker rooms, however, there are no
room elevations, details, and specifications for the lockers. Please clarify.
A. No elevations or detail needed, specifications were issued as part of Addendum
No. 1.
Q42. Please provide the specifications for the identification devices (signage).
A. See Section 10400.
Q43. Please provide the specifications for the millwork items listed within the food
service equipment.
A. New details have been added, see sheets in this Addendum.
CITYOF MIAMI BEACH
BID NO: 21-08/09 152
DATE: April 6, 2009
Q44. Are doors #16 and 17 traffic doors? The floor plan and door schedule do not
indicate that they swing both in and out. Please clarify.
A. Yes, they are traffic doors. Specifications were issued in Addendum 2.
Q45. In reference to doors # 18 and 20, the door schedule shows that they are steel
doors with a wood frame. However, detail 32 on Sheet 8.3 shows a metal frame.
Please clarify.
A. They are steel frames, see revised schedule, Sheet A-9.1.
Q46. For bid purposes, should one include (2) 4" PVC raceways from the existing FPL
transformer to the new FPL transformer location? Or is FPL going to provide new
routing from another location?
A. For bid purposes include (2) 5" PVC raceways to the pole indicated in sheet E2.0.
Q47. The plan shows 175A main circuit breakers in panels K-1 and K-2. Should these
panels be main lug panels because of the branch breakers in panel DP feeding
them?
A. No. Panels shall remain as M.C.B. panels.
Q48. The fault current ratings for the main is listed at 65k, along with the other panels
except for panel K-3 at 10k. Can the panels be series rated after the main or are all
of the panels rated at 65k?
A. Provide current ratings as shown on drawings.
Q49. The riser diagram does not show metering for this building. Should one include a
TUV meter can and assume the transformer will be connected or provide a CT
cabinet?
A. Provide meter can on exterior wall of the electrical room, with a 1 '/4" conduit to
FP&L transformer. See revised drawing.
Q50. Sheet A2.1 of Addendum #1, rev 3 does not indicate railing at the entrance steps.
The original sheet A2.1 shows railings at the steps and the sections and elevation
still show the railings (section b-b/A4.1 and detail 38/A8.4). Please clarify.
A. They are part of the "site", so they are indicated in Sheet A-1.5 and are required.
Q51. Please provide the size and quantity of the existing wood beams to be used in the
project. Are there enough beams to do the job?
A. There are approximately 20 existing 4x12 (approx.) existing wood beams, we need
36, therefore for bidding purposes assume 20 new beams (size as required by
structural drawings}
Q52. What are the limits to the chair rail and moldings in the interior of the building?
A. See Response to Q39.
Q53. Although the electrical roof plan is provided, there are equipments on the roof and
no service receptacle is provided. Please clarify.
A. Receptacles not required on roof.
CITYOF MIAMI BEACH
BID NO: 21-08/09 153
DATE: April 6, 2009
Q54. In Sheet E2.0, the symbol legend clearly defines luminaries to be in normal or in
emergency battery pack. Please clarify.
A. Refer to sheet E1.0.
Q55. Light fixtures on sheet E3.0 calls for fixture type, however, there are fixtures with
half-shaded that as per symbol legend and note #1 shall have emergency
batteries. The fixture schedule on sheet E1.0 does not show a model number.
Please clarify.
A. Refer to lighting manufacturer for model number of fixture with emergency
battery.
Q56. Sheet E5.0 is addressing that a lightning protection system shall be provided,
however, there is no design information to generate bill of materials. Please
clarify.
A. Provide system based on performance requirements indicated in E5.0.
Q57. Is the intent to have the lightning protection system as a line item and cost be
adjusted later since there is no information to bid? Please advise if the system
can be left out and priced later.
A. In regards to the bid breakdown sheet, a bidder may add any item deemed
necessary to the list. All costs proposed are final once the bid opening deadline
has passed. The system cannot be left out, it must be included in the bid based
on the performance requirements indicated in E5.0.
Q58. In Sheet E1.0, the symbol legend does not address a symbol for data. Please
advise.
A. Has been revised.
Q59. Sheet E4.0 shows locations for telephones as per symbol legend, but there are no
provisions for data outlets. Please advise.
A. Has been revised and added, see drawings.
Q60. Is the Contractor to provide a data port adjacent to each telephone jack shown in
the plans?
A. See revised drawings.
Q61. In Sheet E6.1, the telephone riser diagram shows that each homerun shall be
routed in ~/4" empty from port to the telephone room and board. Is this the intent
since there is an acoustical ceiling? Is the Contractor to provide only 6" stub-up
A.F.C. with bushings and strings only?
A. No provide the homeruns and follow the drawings for telephone installation.
Q62. The fire alarm in Sheet E5.0 does not show duct smoke detectors. Are duct
detectors required (no HVAC set provided)?
A. Yes, refer to Revision #2.
Q63. Although there is an ansul system, is the Contractor to provide connections to
solenoid valves for shut down upon fire alarm activation or should ansul system
be the only system to cut off gas supply upon its activation?
A. Fire alarm system to monitor ansul system, shut down by ansul system activation.
CITYOF MIAMI BEACH
BID NO: 21-08/09 154
DATE: April 6, 2009
Q64. Please provide the specifications for the electrical meter can or metering device.
A. Check with FP&L representative.
Q65. Please provide the specifications for the rigid conduit underground. Is the use of
PVC for underground feeders permissible?
A. PVC below grade and rigid conduit above grade.
Q66. Although specifications strictly enforces the use of rigid conduit for underground
feeders, please clarify due to the area and environmental conditions if the PVC
would be acceptable for underground and applications, and if exposed, the
Contractor would not be subject to mechanical injuries. Please advise.
A. PVC below grade & rigid conduit above grade.
Q67. Is the General Contractor to hire the kitchen equipment or if the kitchen
equipment contractor will be hired by the City of Miami Beach and coordinate the
work with the GC?
A. General Contractor will be responsible to hire, install and provide all equipment as
indicated in Bid Documents.
Q68. Please clarify what is meant by NIKEC and Remote in the remark section of the
kitchen equipment schedule. Please provide further detail on which pieces of
equipment one is to provide.
A. NIKEC stands for Not In Kitchen Equipment Contract. In other words these items
are to be provided by others i.e., General Contractor, Vendor, Owner, etc. Refer to
the written Foodservice Section 11400 Specifications for details. They are shown
on our drawings for coordination purposes only, the exact utilities should be
confirmed with the supplier. Remote means the unit is to be serviced by Remote
Refrigeration. This is detailed in the Foodservice Section 11400 Specifications
and shown on the Refrigeration Drawing, Sheet FS-1.5.
Q69. Please provide the number and locations of the ansul devices.
A. Item 13, the Ansul Fire Suppression System, is clearly marked on the Foodservice
Section 11400 Plans and the requirements for this system are clearly indicated in
the Foodservice Section 11400 Specification. There is no other type of fire
suppression for this project.
Q70. Please provide the number and locations of the A/C dampers.
A. Refer to mechanical drawings.
Q71. Please provide the number and locations of the duct detectors.
A. Refer to mechanical drawings.
Q72. Will ADT supply the duct detectors?
A. See mechanical schedule and specifications.
Q73. Please provide the specifications for the security (burglar alarm) system.
A. Not required.
CITYOF MIAMI BEACH
BID NO: 21-08/09 155
DATE: April 6, 2009
Q74. Please provide the specifications for a CCTV surveillance system.
A. Not required.
Q75. Please provide the specifications for electronic access control.
A. Not required.
Q76. Was there a previous bid submitted on this project?
A. The following cost proposal was submitted by Coastal Construction prior to the
City issuing the bid for this project.
Division Total
Sitework $ 685,125
Concrete $ 383,000
Mason $ 0
Metals $ 21,500
Car entr $ 178,621
Thermal/Moisture Protection $ 70,795
Doors & Windows $ 88,028
Finishes $ 264,885
S ecialties $ 91,349
E ui ment $ 282,000
Mechanical $ 202,000
Electrical $ 151,000
General Conditions $ 273, 054
General Liabilit Insurance $ 25,000
Overhead and Fee $ 200,000
Permittin $ 5,000
Payment and Performance
Bond $ 28,644
Builder's Risk Insurance $ 65,000
Grand Total $ 3,015,001
CITY OF MIAMI BEACH
~~
Gus Lopez, CPPO
Procurement Director
CITYOF MIAMI BEACH
BID NO: 21-08/09 156
DATE: April 6, 2009
m MIAMIBEACH
City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
PROCUREMENT DIVISION
Tel: 305-673-7490, Fax: 786-394-d235
Invitation To Bid (ITB) NO. 09-08/09 (Revised)
Addendum No. 4
January 23, 2009
Notice to Potential Bidders
1. The bid submission deadline has been extended to Friday, February 6, 2009, at 3
p.m. All past performance surveys need to be submitted by the client directly to the
City no later than February 6, 2009. All surveys are to be emailed directly by the
client to Theo Carrasco at theocarrasco(a~miamibeachfl.gov or faxed to 786-394-
4235.
2. For more information on Question 21 of Addendum 3, please refer to Drawing C-3
issued in Addendum 1.
3. To receive the updated bid breakdown sheet noted in Question 12 of Addendum 3,
please contact Theo Carrasco at 305-673-7000 ext. 6230 or
theocarrasco(a~miamibeachfl.gov.
4. In response to Questions 18 and 19 of Addendum 3, the environmental study is
available for review through the Procurement Division office in City Hall. Please
contact Theo Carrasco for more information.
5. The revised quarry the specification requested in Question 35 of Addendum 3 is
provided in this addendum.
6. The revised drawings attached with this addendum can be downloaded at the
following site: http://web.miamibeachfl.gov/procurement/scroll.aspx?id=41016. In
case the files are not available online, please contact Theo Carrasco at 305-673-
7000 ext. 6230 or theacarrasco cCr~miamibeachfl.gov.
Questions and Answers
Q1. What will the finish grades be within the proposed cart storage area north of the
new proposed clubhouse and new cart path on east project limits?
A. See revised drawing C-3.
Q2. Please advise on window types to be used on this project. As for now, the
windows are single hung and fixed with applied vertical and horizontal mutins.
A. Look at window schedule for window types and sizes, Sheet A9-2.
CITYOF MIAMI BEACH
BID NO: 21-08/09 157
DATE: April 6, 2009
Q3. According to Specification Section 08520, aluminum windows are to be missile
impact louvered windows; however the specified manufacturer is CGI and PGT,
both which do not manufacture an impact resistant louvered window. Please
advise if windows will remain as single hung and fixed OR will they be louvered?
A. No they are not to be louvered, see revised attached specifications section 08520.
Q4. Specification Section 08710 (Hardware) shows hardware sets 1 and 2 only. Doors
# 5, 11, 12, and 13 on the door schedule calls for sets 3, 9, and 10. Please provide
the specifications for sets 3, 9, and 10.
A. Revised and issued under Addendum No. 3.
Q5. In regards to the Epoxy Flooring Section 09730, please provide the finish schedule
and the list of rooms where it is to be installed.
A. See Finish Schedule, Sheet A9-2 (Last revision Addendum 3).
Q6. What type of brick are the "Brickit" bricks? Please provide information on the
manufacturer, color (mortar color or regular grey), type, size, and where they
might be found.
A. That is the manufacturer, see Addendum 3 for all information.
Q7. Is there an equivalent type to the "Brickit" brick that can be purchased from a
local supplier such as Florida Silica Sand Co. or Airport Brick?
A. If they match the bricket specifications and sizes, yes.
Q8. Brickwork shows a thin paver brick to be installed on most of the building and a
full-size brick in false windows. Please confirm.
A. Confirmed, there are some full size bricks for window sills throughout not just in false
windows.
Q9. Are the fireplaces real brick or manufactured? If real, are the flues metal or clay?
A. Yes. See last Addendum No. 3 for all requirements and details.
Q10. What is the exact size of the fireplace?
A. See Addendum No. 3.
Q11. Will there be a flue cap? If so, what type?
A. See response to Q.10.
Q12. Will there be masonry interior veneer around the fireplace? If so, what material?
A. See response to Q.10.
Q13. On Sheet A 2-2 of the Addendum 3 set, there is a section noted for the fire places.
Please provide Section 1 / Sheet A 5-3.
A. See response to Q.10.
Q14. Please provide details and material specifications for the shutters on window
types A, B, C, and D.
A. Specifications were issued in Addendum No. 1.
Q15. Please provide the gauge for the UC3 copper panels at the bay windows.
CITYOF MIAMI BEACH
BID NO: 21-08/09 158
DATE: April 6, 2009
A. There is only one bay window. 16 oz. copper panels.
Q16. Is site lighting at the exterior parking lots to be included in the base bid? If so,
please provide a drawing with the site lighting locations.
A. Site lighting is not part of this scope of work.
Q17. Does the LP tank need a containment enclosure? If so, please provide
specifications and details for the enclosure.
A. Not required.
Q18. On Sheet S-6, Note 2A calls for all concrete mix to be a minimum of 5,000 psi.
Note G calls for the water cement ratio to not exceed 0.40 which is 6,000 psi mix.
The specifications call for 3,000 psi for exterior slabs, 4,000 psi for Grade Beams,
Beams, Slabs, and Columns, and 3,000 psi for unspecified concrete. Please
clarify which is the correct psi for the concrete mix to be used in the project.
A. Follow the drawing specifications. Minimum requirements for this project are:
• Fc - 5000 psi
• Water/cement ratio of 0.4
Q19. The model number for Item B-9 Task Light by Alkco is incomplete (L2F-_-HO-
120-AL-CS3B). The missing information will advise the manufacturer the "type of
lamp" needed and the "length of the fixture." Please provide the missing model
number information.
A. The complete model number for the Underbar Task Light is Alkco L2F-2-HO-120AL-
CS3B.
Q20. On Sheet L-S.2, there are only two (2) fire extinguishers found (one in each
mechanical room). Please indicate if more are needed to meet City Code and Fire
requirements.
A. See L-5-2 revised in Addendum No. 2 for more information.
Q21. For scheduling purposes, will the General Contractor be allowed to begin Phase II
after substantial completion and prior to punch list completion and CMB final
acceptance of Phase I?
A. General Contractor will not be able to begin Phase II until CMB can move into the new
clubhouse and remove the temporary facility that they are currently operating the
clubhouse from. Therefore, CMB final acceptance will be required so they can operate
from the new facility.
Q22. Condensate hood (item #66) on the food service drawings are not reflected on the
mechanical drawings. Please provide the mechanical requirements.
A. The food service drawings show a Condensate Hood for the Corner Dishmachine: 10" x
10" Size, 450 CFMs, 0.25 SP. However, please be aware the Dishmachine, Item
65, is listed incorrectly on the equipment schedule. This unit is to be specified as
NIKEC/by Vendor and should be listed on the equipment schedule a NIKEC. After
contract award, contractor to verify the exact model number of the Dishmachine to be
supplied to ensure proper coordination of the MEPs.
Q23. Please provide the television conduit requirements (if any).
A. Has been added, see revised Sheet E4.0.
CITYOF MIAMI BEACH
BID NO: 21-08/09 159
DATE: April 6, 2009
Q24. On Sheet E4.1, Note 22 states that the electrical contractor shall provide an empty
conduit between the waste pulping unit and the waste extractor unit for low
voltage wiring. Please provide the location of the waste pulping and extractor
units.
A. What is actually specified in the FS drawings is a Disposer w/control panel, Item 63.
Q25. Civil drawings provide proposed elevations and elevations prior to demolition.
Please provide the current elevations of the site after demolition.
A. Please see the updated survey attached.
Q26. Please provide the parking signage requirements and locations.
A. Has been added, see revised civil drawing.
Q27. Section 9310 of the specification manual provides a required dimension of 12" for
submission samples. Please confirm that the ceramic the is to be 12" x 12"
throughout.
A. See ceramic the sizes as specified in Addendum No. 3 submit that size sample.
Q28. Please provide information for the attic access equipment, details, and associate
requirements.
A. Access at gypsum wallboard ceilings in toilet rooms and kitchen, provide minimum 12" x
12" or larger access panel as per Specification Section 08305 as required to provide
proper operation of maintenance.
Q29. Please confirm if food service or any other conduit below the new slab is to be
supported by the slab.
A. Verify the thickness of the slab with the Architect. Since the beer /beverage conduit
requires 24" minimum radius bends it will most likely be installed in ground below slab.
Attached are Standard Details SD-2.1 and SD-2.3 as examples of a typical Beverage
Sleeve installation. Most of the conduit will be suspended above the finished ceilings.
Q30. Please provide the date in which Phase I parking area will be vacated and be for
existing contractors.
A. The anticipated date that the parking area is to be vacated is July of 2009.
Q31. Please confirm if primary electrical service to new transformer is to be by FPL or
included as part of the Contractor's scope. If work is to be included, please
existing pole to tie into.
A. Indicated in Sheet E2.0.
Q32. Please confirm if drinking fountains shall be required.
A. Yes, one drinking fountain shall be provided, see revised drawings attached.
CITYOF MIAMI BEACH
BID NO: 21-08109 160
DATE: April 6, 2009
Q33. Addendum #1 is dated October 16, 2008, on the architectural drawings, October
29, 2008, on the electrical drawings, November 3, 2008, on the civil drawings, and
December 19, 2008, on the ITB document. Addendum #2 is dated November 6,
2008, on the architectural drawings, November 6, 2008, on the structural drawings,
and December 24, 2008 on the ITB document. Addendum #3 is dated December
17, 2008, on the architectural drawings and December 15, 2008, for the plumbing
drawings. Please clarify.
A. Those are the dates noted on the addenda for the architectural drawings. There is the
likelihood that the dates noted on the updated drawings might not reflect exactly with the
addenda issued by the City.
Q34. Page 16 of the ITB document outlines Prevailing Wage requirements and outlines
projects that are exempt. Please confirm if this project is subject to state or
federal wage rates. If so, please provide the applicable wage determination for
this project.
A. While prevailing wages are not applicable with this project, the General Contractor must
comply with all applicable state and federal minimum wage laws.
Q35. Page 47 of the ITB document states that the "Building Department -Plumbing,
Structural, and Electrical fees are to be waived." Item 2 in page 50 of the ITB
document states that an allowance is to be included for building permits. Please
clarify.
A. Item 2 in page 50 of the ITB document represents all other permit fees (if any) not
waived by the City.
Q36. Pages 73 to 80 of the ITB document provide a form of contract for this project.
Please specify if this form is to be included with the bid document.
A. Yes, this is to be included in the bid proposal.
Q37. Item 7.1.4 located on page 94 of the ITB document states that the Builder's Risk
"is / is not" required. Please confirm is Builder's risk insurance is required and if
the City or the Contractor is provide the policy.
A. Builder's Risk insurance for the construction of and/or addition to aboveground buildings
or structures is required. The coverage shall be "All Risk" coverage for 100 percent of
the completed value, covering City as a named insured, with a deductible of not more
than Five Thousand Dollars ($5,000.00) each claim.
Q38. Is the facility LP or natural gas?
A. LP gas as indicated in the Bid Documents, plumbing drawings.
Q39. In regards to the pieces specified as existing/relocate in Section 11400, where are
they being located to? Is the facility on-site or off-site? Who is providing the
storage for these pieces?
A. City of Miami Beach will be responsible for the relocation and installation of this
equipment. Not part of this Contract.
Q40. In regards to the pieces specified as existing/relocate in Section 11400, assuming
a separate trip will be needed to relocate the items, will these trips be during
normal working hours or at night?
A. Not required. See response Q39.
CITYOF MIAMI BEACH
BID NO: 21-08/09 161
DATE: April 6, 2009
Q41. Can MC cables be permitted on this project for concealed branch circuit wiring in
lieu of EMT conduits?
A. No.
Q42. What is the project duration for Phases I and II?
A. Phase I and II are 300 and 120 calendar days respectively.
Q43. Please provide the S-4 roof plan in addition to A-1.3, A-1.4, and A-1.5.
A. S-4 has not changed from the original bid. documents.
CITY OF MIAMI BEACH
~~
Gus Lopez, CPPO
Procurement Director
CITYOF MIAMI BEACH
BID NO: 21-08/09 162
DATE: April 6, 2009
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
PROCUREMENT DIVISION
Tel: 305-673-7490, Fax: 786394-4235
Invitation To Bid (ITB) NO. 09-08/09 (Revised)
Addendum No. 5
February 3, 2009
Notice to Potential Vendors
1. In order to be deemed responsive to this bid, all potential vendors must comply and
submit all required documentation and information noted throughout the bid document
(see Section 00315 for additional information). To assist potential vendors, a checklist is
provided in Attachment A noting the required information needed upon submitting a bid.
Attachment A should be submitted as part of any bid with the proper initials included
attesting that the requested information is being included in the submitted proposal.
2. Unless deemed nonresponsive by the City, bidders should be prepared to be
interviewed by a Technical Review Committee that is set to convene no later than
Friday, February 13, 2009.
3. An updated plan log is attached.
Questions and Answers
Q1. Question 42 of Addendum #4 indicates that this project is phased. Does food
service install in both phases or just one? If one, please specify which phase.
A. Food service is part of Phase 1 only.
Q2. Please provide the details and specifications for the kitchen cabinetry, including
the elevation specifications.
A. There is no cabinetry in the kitchen. The kitchen specifications are part of the technical
specifications Section 11400.
Q3. Please provide the details and specifications for the bathroom countertop,
including the elevation specifications.
A. Bathroom elevations can be found in Sheet A7-1.
Q4. In regards to Section 11400, items #76, #80, B-1, B-15, B-17, B-19, B-21 are not part
of the kitchen equipment package and are listed as custom millwork. Please
provide the details and specifications for these items.
A. Any millwork listed in Section 11400 was for the Bar and the details and elevations can
be found in Sheet A7-2 issued in Addenda #3.
Q5. The bathroom the selection of Mountain Peak is continued. Would Cliff Pointe be
a suitable substitution?
A. As long as it is in the same price range, we will accept. Final color will be selected after
award.
CITYOF MIAMf BEACH
BID NO: 21-08109 163
DATE: April 6, 2009
Q6. Please provide the carpet details and specification for Room office 017.
A. See response to Q.3 in Addendum No. 3.
Q7. Please provide the resilient the details and specifications for Rooms 009, 010, and
016.
A. Resilient the specifications can be found in Specification Section 09660.
Q8. Room 016 is calls for a telecom on the floor plan and beverage storage on the
finish schedule. Please clarify.
A. That was revised and issued in Addendum #2, drawing sheet A9-2.
Q9. In Room 010, please confirm that there needs to be resilient the flooring with a
wooden base.
A. Yes; there needs to be resilient the flooring with a wooden base.
Q10. If the bath floors are to be sloped to drains, will the pad be recessed?
A. The pad can be recessed 'h".
Q11. Please the type of grout to be used including the grout joint width.
A. Grout information can be found in Section 09330 attached to Addendum #4.
Q12. If bathroom floors are to be sloped, 18 x 18 the does not work. A mosaic the or
anything no larger than 6 x 6 is workable. Please confirm.
A. The tiles are 12 x 12 and see response to Q.10 above.
Q13. Please provide the details and specifications for the the in the lounge area.
A. See response to Q.36 Addendum #3.
Q14. The cooler and freezer are to be epoxy resin per the finish schedule. Please
confirm.
A. No it is quarry the as indicated in Q.35 Addendum #3.
Q15. In regards to the ramp, please provide the details and specifications to the tiling
needed.
A. If this refers to the small ramp in the cooler/freezer area, see response above.
Q16. Please provide SD-2.1 and SD-2.3.
A. See attached.
Q17. Please provide the specifications for the bricks to be used inside the fireplaces.
A. They are part of the fireplace specification, it is apre-fabricated unit. If this references
the brick around the fireplace, then provide a brick from the same manufacturer as the
brick being provided in the outside "red" color and sized as indicated in the section.
CITY OF MIAMI BEACH
~~
Gus Lopez, CPPO
Procurement Director
CITYOF MIAMI BEACH
BID NO: 21-08109 164
DATE: April 6, 2009