ITB 2014-149-SR Handrail System at Unidad North Shore cat
INVITATION TO BI O
FABRICATION AND INSTALLATION OF HANDRAIL SYSTEM AT UNIDAD
BUILDING TERRACE AT NORTH SHORE BANDSHELL PARK
ITB N®® 2 014®149-SR
BID ISSUANCE DATE: FEBRUARY 10, 2 014
BID OPENING: FEBRUARY 14, 2 014 @ 3:00 PM
ISSUED BY:
A
Sandra M. Rico, Senior Procurement Specialist
DEPARTMENT OF PROCUREMENT MANAGEMENT
1700 Convention Center"Drive, Miami Beach, FL 33139
305.673.7000x6230 Fax: 786.373.4404 1 www.miamibeachfl:gov
COMMISSION ITEM'SUMMARY
Condensed Title:
Request for Approval to Award A Contract,Pursuant To Invitation To Bid No.2014-149=SR,Fabrication And Installation Of
Handrail System At The UNIDAD Building Terrace At North Shore Bandshell Park
Key Intended Outcome Supported:
Ensure well maintained facilities and ensure quality and timely delivery of capital projects.
Supporting Data(Surveys,Environmental Scan,etc:NIA
Item,Summa /Recommendation:
The purpose of Invitation to Bid(ITB)No.2014-149-SR is to establish a contract,by means of sealed bids,with a
qualified firm to provide the fabrication and installation of a new stainless steel handrail system at the North Shore
-Bandshell Park.The North Shore Bandshell Park is located in the heart of North Beach,along Collins Avenue,
between 72nd and 73rd Streets. As part of, the construction of the North Beach Oceanfront Center, which is
located within this park,an elevated platform was constructed along the east side of the building.This platform,
originally designed as bleachers for spectators to observe events at the sand bowl, is elevated between eighteen
and twenty-four inches above grade.Although neither the Florida Building Code nor the Life Safety Code mandate
railings for a raised platform that is less than thirty inches above grade, upon careful consideration, the
Administration believes it is in the City's best interest to install railings to prevent visitors from accidentally stepping
off the edge,-especially at night when visibility is greatly reduced.
ITQ 2014-109-SR was issued on January 15,2014 via Public Purchase.Two.(2)quotes were received resulting
from this ITQ Process- one from George's Welding Services, Inc. and the other from Suncor, Inc. It was then
discovered that the prices were above the$25,000 threshold.Therefore,pursuant to City Code,an ITB needed to
be issued.
Invitation to Bid(ITB)2014-149-SR was issued on February 10,2014,with an opening date of February 18,2014.
One(1)bid was received resulting from the solicitation process from George's Welding Services,Inc.Through the
Department of Procurement Management's review of the bid for responsiveness, it was deemed responsive
pursuant to the requirements listed in the Solicitation.In determining responsiveness of the responding bidder,the
Department of Procurement Management has verified that George's Welding Services, Inc. met the minimum
requirements,financial capacity requirements,and past performance requirements set forth within the solicitation
as noted in more detail in the attached memorandum. As a comparison to the price that was submitted by
George's Welding Services,Inc.for the resultant ITB process currently being recommended for award,Suncor,
Inc. submitted a price for the same scope of work for$92,500.00. Based on the above, it is recommended that
I
George's Welding Services, Inc. be awarded the contract.
RECOMMENDATION
After considering the review and recommendation of City staff,the City Manager exercised his due diligence and
is recommending to the Mayor and the City Commission to award a contract to George's Welding Services, Inc.
CONCLUSION
The Administration recommends the award of the contract to George's Welding Services, Inc., the lowest
responsive,responsible bidder pursuant to Invitation to Bid(ITB)2014-149-SR,for the Fabrication and Installation
of a Handrail System at the UNIDAD Building Terrace at North Shore Bandshell Park, in the amount of
$65,120.00;plus approve a owner's project contingency fund of ten percent(10%)in the amount of$6,512.00 for
a not-to-exceed grand total of$71,632.00.
Advisory Board Recommendation:
NA
Financial Information:
Source of Amount Account
Funds: 1 $71,632.00 390-2538-069357—Miami-Dade County GO Bond
Total $71,632.00
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
David Martinez, Extension 6927
Sign-Offs:
meet Direc r 'stant City Ma. ger City anager
LA 4DM MT KGB JLM
TINGE DA120141Marchl -ocurement`ITB 2014-149-SR- NIDAD Bldg Handrail SUMMAR c
AGENDA-ITEM MIAMI-BEACH
DATE
�
88
I A M I'B E A C H
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.aav
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of t e City Co mission
FROM: Jimmy L. Morales, City Manager
DATE: March 5, 2014
sueJ`CT: REOUEST POk APPROVAL. ' TO AWARD A CONTRACT, PURSUANT TO
INVITATION TO BID NO. 2014-149-SR, FABRICATION AND INSTALLATION OF
HANDRAIL SYSTEM AT THE UNIDAD BUILDING TERRACE AT NORTH
SHORE BANDSHELL PARK
ADMINISTRATION RECOMMENDATION
Approve the award of contract.
KEY INTENDED OUTCOME SUPPORTED
Ensure well maintained facilities and ensure quality and timely delivery of capital projects.
FUNDING
$71,632.00 390-2538-069357— Miami Dade County GO Bond
$71,632.00 Total
Should additional funding be required due to increased need of services, it will be subject to the
review and approval of the Office of Budget and Performance Improvement(OBPI).
BACKGROUND INFORMATION
The purpose of Invitation to Bid (ITB) No. 2014-149-SR is to establish a contract, by means of
sealed bids, with a qualified firm to provide the fabrication and installation of a new stainless
steel handrail system at the North Shore Bandshell Park. The North Shore Bandshell Park is
located in the heart of North Beach, along Collins Avenue, between 72nd and 73rd Streets. As
part of the construction of the North Beach Oceanfront Center, which is located within this park,
an elevated platform was constructed along the east side of the building. This platform,
originally designed as bleachers for spectators to observe events at the sand bowl, is elevated
between eighteen and twenty-four inches above grade. Although neither the Florida Building
Code nor the Life Safety Code mandate railings for a raised platform that is less than thirty
inches above grade, upon careful consideration, the Administration believes it is in the City's
best interest to install railings to prevent visitors from accidentally stepping off the edge,
especially at night when visibility is greatly reduced.
89
Commission Memorandum–ITB 2014-149-SR—Fabrication&Installation of Handrail System at the UNIDAD
Building Terrace at North Shore Bandshell Park
March 5, 2014
Page 2
ITB PROCESS
Invitation to Bid (ITB) 2014-149-SR was issued on February 10, 2014, with an opening date of
February 18, 2014. No addenda were issued.
Notices were posted on the Public Group and Florida Purchasing Group websites. Notices were
also delivered by E-mail to potential bidders. The advertisements resulted in the receipt of one
(1) bid from George's Welding Services, Inc.
Responsiveness Verification: The ITB stated that the lowest responsive, responsible bidder
meeting all terms, conditions, and specifications of the ITB will be recommended for award.
Veterans and local preferences were considered during the tabulation of the bids
received. Please note that neither veteran nor local preference was applied to any of the
bidders.
Through the Department of Procurement Management's review of the bid for responsiveness,
George's Welding Services, Inc. was deemed responsive pursuant to the requirements listed in
the solicitation. In determining responsiveness of the responding bidder, the Department of
Procurement Management has verified the following:
A. Minimum Requirements
George's Welding Services, Inc. is a state certified and licensed contractor and is
authorized to perform this type of service. i
B. -Financial Capacity
A Dun & Bradstreet(D&B) Supplier Qualifier Report-(SQR) was obtained indicating that
George's Welding Services, Inc. has a low Supplier Evaluation Risk (SER) rating (rating
of 2 on a scale of 9, with 1 being the lowest).
C. Past Performance
It has been confirmed that George's Welding Services Inc. has successfully completed
three (3) projects similar in scope and volume as the work referenced in the Contract
Documents. References contacted provided positive reviews.
As a result of the Department of Procurement Management's responsiveness review process,
the following table provides the proposed base bid prices and total prices including a ten
percent(10%)owner's contingency fund for unforeseen circumstances during construction.
10% Owner's
Base Bid Total Contract
Vendor Name Amount Contingency Amount
Fund
George's Welding Services, Inc. $65,120.00 $6,512.00 $71,632.00
Historical Price Comparison: ITQ 2014-109-SR was issued on January 15, 2014 via Public
Purchase. Two (2) quotes were received resulting from this ITQ Process: one from George's
Welding Services, Inc. and the other from Suncor, Inc. Since both prices were above the
$25,000 threshold, pursuant to City Code, an ITB needed to be issued. As a comparison to the
price that was submitted by George's Welding Services, Inc. for the resultant ITB process
currently being recommended for award, Suncor, Inc. submitted a price for the same scope of
work:for$92,500.00.
90
Commission Memorandum—ITS 2014-149-SR—Fabrication&Installation of Handrail System at the UNIDAD
Building Terrace at North Shore Bandshell Park
March 5, 2014
Page 3
Based on the above, it is recommended that George's Welding Services, Inc. be awarded the
contract.
George's Welding Services, Inc. is a family owned and operated business founded by Jorge &
Luz Arnador in 1984 -providing welding services to those in the construction industry. Today,
George's Welding Services, -Inc. is a full service facility fabricating and erecting structural steel
and miscellaneous metals in Dade, Broward, and Palm Beach Counties. They have a 2 acre full
service facility that contains over 60 employees and required equipment to manage any task.
Their previous clients range from private corporations to governmental agencies like the City of
Hialeah.
CITY MANAGER'S DUE DILIGENCE
After considering the review and recommendation of City staff, the City Manager exercised his
due diligence and is recommending to the Mayor and the City Commission to award a contract
to George's Welding Services, Inc.
CONCLUSION
The Administration recommends the award of the contract to George's Welding Services, Inc.,
the lowest responsive, responsible bidder pursuant to Invitation to Bid (ITB) 2014-149-SR, for
the Fabrication and Installation of a Handrail System at the UNIDAD Building Terrace at North
Shore Bandshell Park, in the amount of $65,120.00; plus approve an owner's project
Contingency Fund of ten percent (10%) in the amount of $6,512.00 for a not-to-exceed grand
total of$71 ,632.00.
JLM/MT/ B/DM/AD
T:I AGENDA 120141MarchlProcurement\ITB 2014-149-SR-UNIDAD Bldg Handrail MEMO.docx
91
SECTION 05521 — PIPE AND TUBE RAILINGS
PART 1 -GENERAL
1.1 PERFORMANCE REQUIREMENTS
A. Structural Performance: Provide railings capable of withstanding the effects of gravity loads and
the following loads and stresses within limits and under conditions indicated:
1. Handrails:
a. Concentrated load of 200 lb.applied in any direction.
b. Uniform load of 50 lb./ft.applied in any direction.
C. Uniform and concentrated loads need not be assumed to act concurrently.
B. Control of Corrosion: Prevent galvanic action and other forms of corrosion by insulating metals
and other materials from direct contact with incompatible materials.
C. Thermal Movements: Provide exterior railings that allow for thermal movements resulting from the
following maximum change(range) in ambient and surface temperatures by preventing bucking,
opening of joints, overstressing of components,failure of-connections, and other detrimental
effects. Base engineering calculation on surface temperatures of materials due to both solar heat
gain and nighttime-sky heat loss.
1.4 SUBMITTALS
A. Product Data:
1. Submit manufacturer's data sheets on each product to be used, including, but not limited to
the following:
a. Preparation instructions and recommendations.
b. Storage and handling requirements and recommendations.
c. Installation methods.
2. Submit product data for manufacturer's product lines of handrails and railings assembled from
standard components, including but not limited to the following:
a. Grout, anchoring cement, and paint products
B. Shop Drawings: Include plans,elevations,sections,details, and attachments to other work.
1. For installed products indicated to comply with design loads, include structural analysis data
signed and sealed by the qualified professional engineer responsible for their preparation.
C. Samples for Initial Selection: For products involving selection of color, texture, or design.
D. Samples for Verification:-For each type of exposed finish required.
1. Sections of each distinctly different linear railing member, including handrails and posts.
2. Fittings and brackets.
NORTH SHORE BANDSHELL PARK 05521 - 1
TERRACE RAILINGS December 23, 2013
3. Assembled sample of railing system, made from full-size components, including handrail and
post. Sample need-not be full height.
a. Show method if finishing members at intersections.
E. Welding certificates.
1.5 QUALITY ASSURANCE
A. Source Limitations: Obtain each type of railing through-one source from a single manufacturer. B.
Regulatory Requirements: Comply with applicable requirements of the laws, codes, ordinances,
and regulations of Federal, State, and local authorities having jurisdiction. Obtain necessary
approvals from such authorities.
-C. Welding: Qualify procedures and personnel according to the following:
1. AWS D1.2, "Structural Welding Code-Aluminum"
1.6 PROJECT CONDITIONS
A. Field Measurements: Verify actual locations of walls and other construction contiguous with
railings by field measurements before fabrication and indicate measurements on Shop Drawings.
1.7 COORDINATION AND SCHEDULING
A. Coordinate installation of anchorages for railings. Furnish setting drawings, templates, and
directions for installing anchorages, including sleeves,-concrete inserts, anchor bolts, and items
with integral anchors, that are to be embedded in concrete or masonry. Deliver such items to
Project site in time for installation.
B. Do not support railings temporarily by any means that do not satisfy structural performance
requirements.
1.8 WARRANTY
A. Provide manufacturer's standard form outlining the terms and conditions of their standard Limited
Warranty:
1. Surface Finish Warranty: One year
2. Material Integrity Warranty: One year
PART2-PRODUCTS
2.1 MANUFACTURERS
A. Available Manufacturers: Subject to compliance with requirements, manufacturers offering
products that may be incorporated into the Work include, but are not limited to,the following:
1. Aluminum Pipe and Tube Railings:
a. Any manufacturer with a minimum of fifteen years demonstrated experience.
NORTH SHORE BANDSHELL PARK 05521 -2
TERRACE RAILINGS December 23, 2013
2.2 METALS,GENERAL
A. Metal Surfaces, General: Provide materials with smooth surfaces, without seam marks, roller
marks, rolled trade names,stains, discolorations,or blemishes.
B. Brackets, Flanges, and Anchors: -Cast or formed metal of same type-of material and finish as
supported rails, unless otherwise indicated.
2.3 ALUMINUM
A. Aluminum, General: Provide alloy and temper recommended for aggressive marine environment
by aluminum producer and finisher for type of use and finish indicated, and with not less than the
strength and durability properties of alloy and temper designated below for each aluminum form
required.
B. Guardrails: Custom system to comply with Florida Building Code—refer to drawings for sizes
1.Frame: 1"x2"Aluminum with posts at 8' max(refer to drawings). Install an
aluminum flat bar'/"x 2"deep @ 4' max to guide cables
Cables: 316 stainless steel cables(max length 50'—double posts at max length)
—refer to drawing attached—under short runs
C. Extruded Tubing:ASTM B 221,Alloy 6063-T5/T52
D. Extruded Structural Pipe and Round Tubing: ASTM B 429, Alloy 6063-T6
1. Provide Standard Weight(Schedule 40) pipe, unless otherwise indicated.
E. Drawn Seamless Tubing:ASTM B 210,Alloy 6063-T832
F. Plate and Sheet: ASTM B 209, Alloy 6061-T6
G. Die and Hand Forgings:ASTM B 247, Alloy 6061-T6
H. Castings: ASTM B 26/B 26M,Alloy A356.0-T6
2.4 FASTENERS
A. Fasteners for Anchoring Railings to Other Construction: select fasteners of type, grade, and class
required to produce connections suitable for anchoring railings to other types of construction
indicated and capable of withstanding design loads.
B. Fasteners for Interconnecting Railing Components:
1. Provide concealed fasteners for interconnecting railing components and for attaching them
to other work, unless otherwise indicated.
I
C. Anchors: Provide torque-controlled expansion anchors, fabricated from corrosion-resistant
materials with capability to sustain, without failure, a load equal to four times the load imposed
when installed in concrete, as determined by testing per ASTM E 488 conducted by a qualified
independent testing agency.
NORTH SHORE BANDSHELL PARK 05521 -3
TERRACE RAILINGS December 23, 2013
2.5 MISCELLANEOUS MATERIALS
A. Welding Rods and Bare Electrodes: Select according to AWS specifications for metal alloy
welded.
1. Provide concealed fasteners for interconnecting railing components and for attaching them to
other work, unless otherwise indicated.
B. Non-shrink, Nonmetallic Grout: Factory-packaged, nonstaining, noncorrosive, nongaseous grout
complying with ASTM C 1107. Provide grout specifically recommended by manufacturer for
interior and exterior applications.
2.6 FABRICATION
A. General: Fabricate railings to comply with requirements indicated for design, dimensions,
member sizes and spacing, details, finish, and anchorage, but not less than that required to
support structural loads.
B. Assemble railings in the shop to greatest extent possible to minimize field splicing and assembly.
Disassemble units only as necessary for shipping and handling limitations. Clearly mark units for
reassembly and coordinated installation. Use connections that maintain structural value of
joined pieces.
C. Cut, drill, and punch metals cleanly and accurately. Remove burrs and ease edges to a radius of
approximately 1/32 inch, unless otherwise indicated. Remove sharp or rough areas on exposed
surfaces.
D. Form work true to line and level with accurate angles and surfaces.
E. Fabricate connections that will be exposed to weather in a manner to exclude water. Provide
weep holes where water may accumulate.
F. Cut, reinforce,drill, and tap as indicated to receive finish hardware,screws,and similar items.
G. Connections: Fabricate railings with welded connections,unless otherwise indicated.
H. Welded Connections: Fabricate railings to interconnect members with concealed internal welds
that eliminate surface grinding, using manufacturer's standard system of sleeve and socket
fittings.
I. Form changes in direction as follows:
1. By radius bends of radius indicated or by inserting prefabricated elbow fitting.
J. Close exposed ends of railing members with prefabricated end fittings.
K. Provide wall returns at ends of wall-mounted handrails, unless otherwise indicated. Close ends
of returns unless clearance between end of rail and wall is 1/4 inch or less.
L. Brackets, Flanges, Fittings, and Anchors: Provide wall brackets, flanges, miscellaneous fittings,
and anchors to interconnect railing members to other work, unless otherwise indicated.
M. Provide inserts and other anchorage devices for connecting railings to concrete or masonry
work. Fabricate anchorage devices capable of withstanding loads imposed.by railings.
Coordinate anchorage devices with supporting structure.
NORTH SHORE BANDSHELL PARK 05521 -4
TERRACE RAILINGS December 23, 2013
2.7 FINISHES
A. Finish designations prefixed by AA comply with the system established by the Aluminum
Association for designating aluminum finishes.
B. Powder Coating
1. Color and gloss to match existing.
PART 3- EXECUTION
3.1 INSTALLATION,GENERAL
A. Fit exposed connections together to form tight, hairline joints.
B. Perform cutting, drilling, and fitting required for installing railings. Set railings accurately in
location, alignment,and elevation;measured from established lines and levels and free of rack.
1. Do not weld, cut, or abrade surfaces of railing components that have been coated or
finished after fabrication and that are intended for field connection by mechanical or other
means without further cutting or fitting.
2. Set posts plumb within a tolerance of 1/16 inch in 3 feet.
3. Align rails so variations from level for horizontal members and variations from parallel with
rake of steps and ramps for sloping members do not exceed 1/4 inch in 12 feet.
C. Corrosion Protection: Coat concealed surfaces of aluminum that will be in contact with grout,
concrete, masonry,wood, or dissimilar metals, with a heavy coat of bituminous paint.
D. Adjust railings before anchoring to ensure matching alignment at abutting joints.
E. Fastening to In-Place Construction: Use anchorage devices and fasteners where necessary for
securing railings and for properly transferring loads to in-place construction.
3.2 RAILING CONNECTIONS
A. Welded Connections: Use fully welded joints for permanently connecting railing components.
Comply with requirements for welded connections in Part 2 "Fabrication"Article whether welding
is performed in the shop or in the field.
B. Expansion Joints: Install expansion joints not farther apart than required to accommodate
thermal movement. Provide slip joint internal sleeve extending 2 inches beyond joint on either
side,fasten internal sleeve securely to 1 side, and locate joint within 6 inches of post.
3.3 ANCHORING POSTS
A. Form or core-drill holes not less than 5 inches deep and 3/ inch larger than OD of post for
installing posts in concrete. Clean holes of loose material, insert posts, and fill annular space
between post and concrete with nonshrink, nonmetallic grout or anchoring cement, mixed and
placed to comply with anchoring material manufacturer's written instructions.
B. Cover anchorage joint with flange of same metal as post.
NORTH SHORE BANDSHELL PARK 05521 - 5
TERRACE RAILINGS December 23, 2013
C. Leave anchorage joint exposed;wipe off surplus anchoring material; and leave 1/8 inch buildup,
sloped away from post.
3.4 PROTECTION
A. Protect finishes of railings from damage during construction period with temporary protective
coverings approved by railing manufacturer. Remove protective coverings at time of Substantial
Completion.
B. Restore finishes damaged during installation and construction period so no evidence remains of
correction work. -Return items that cannot be refinished in the field to the shop; make required
alterations and refinish entire unit,or provide new units.
END OF SECTION 05521
NORTH SHORE BANDSHELL PARK 05521 -6
TERRACE RAILINGS December 23, 2013
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INVITATION TO BID SUMMARY MIAMI EA n
� -
Invitation to Bid No. 2014-149-SR
Estimated Construction Budget $100,000.00
ITB Title: FABRICATION AND INSTALLATION OF
HANDRAIL SYSTEM AT UNIDAD BUILDING
TERRACE AT NORTH SHORE BANDSHELL
PARK
Basic Description of the Scope of Work: The work consists of the fabrication and
installation of a handrail system at the Unidad
Building at the North Shore Bandshell park
pursuant to the contract documents.
Bid Issuance: Wednesday, January 22, 2014
Technical Drawings and Specifications are
available for FREE download at:
www.publicpurchase.com
OR are available on CD for pick up for a fee of
$20.00 at:
Procurement Management Department
City Hall, Third Floor
1700 Convention Center Drive
Miami Beach, FL 33139
Pre-Bid Conference
Date, Time, & Location:
NOT APPLICABLE
❑ Meeting is Mandatory(only if box is checked)
Site Visit
Date, Time, & Location:
❑ Site Visit is Mandatory(only if box is checked) NOT APPLICABLE
Last Day for Receipt of Questions: Wednesday, February 12, 2014 @ 3:00 PM
Bid Due Date & Time: Tuesday, February 18, 2014 @ 3:00 PM
Bid Opening Date and Time: Immediately following the above due time or as
close as feasibly possible.
Formal Bid Opening Location Procurement Management Department
(respond to): City Hall, Third Floor
1700 Convention Center Drive
Miami Beach, FL 33039
Response Format: Per bid documents:
Sealed Opaque Envelope (Properly Addressed)
As per Section 0400 Below
BID NO:2014-149-SR CITYOF MIAMI BEACH ;"r:,l ,'", BEACH
DUE DATE: FEB 18,2013 2
Basin Bid Requirements: 1. Bid Guaranty of 5%
Please reference Section 0200 for detailed information.
❑ is required at the time of bid submission.
Z is NOT required for this project.
2. Performance and Payment bond equal to
100% of the total project:
❑ SHALL be required prior to contracting with the
successful bidder. Alternative security instruments will
be considered under City Code. Bidders shall submit
a Letter of Intent from an A-rated Financial Class V
Surety Company to bond the project.
®SHALL NOT be required for this project.
Prevailing Wage Rates ❑ SHALL be applied.
Please reference Section 0200 for detailed information.
Z SHALL NOT be applied.
Project Completion;Timeframe: 30 Days, Substantial Completion
Liquidated Damages: NIA
Procurement Contact Information: Sandra M. Rico
Senior Procurement Specialist
Phone: 305.673.7000 ext. 6230
E-mail: srico@miamibeachfl.gov
"CONE OF SILENCE IS IN EFFECT"
PURSUANT TO CITY CODE, DURING THE SOLICITATION PERIOD UP TO AND INCLUDING
AWARD, THE ONLY PERSON TO BE CONTACTED REGARDING THIS SOLICITATION
SHALL BE THE PROCUREMENT DEPARTMENT REPRESENTATIVE DULY DESIGNATED
ABOVE. FAILURE TO COMPLY WITH THIS REQUIREMENT WILL DISQUALIFY YOU OR
MAY RESULT IN LEGAL ACTION AGAINST YOU.
NOTIFICATIONS AND AMENDMENTS: Bid Notifications and Amendments are issued
through the City's partnership with Public Purchase. To ensure receipt of all amendments
to this bid, please make sure that your company is registered at: www.publicpurchase.com
BID NO:2014-149-SR CITYOF MIAMI BEACH ► ;'}4AN1g
DUE DATE: FEB 18,2013 3
TABLE OF CONTENTS
SOLICITATION SECTIONS PAGE
0100 DEFINITIONS.................................................:.........................................................:...5
0200 INSTRUCTIONS TO BIDDERS....................................................................................8
0300 MINIMUM QUALIFICATIONS AND REQUIREMENTS...............................................14
0400 BID SUBMITTAL REQUIREMENTS & FORMAT........................................................16
0500 GENERAL TERMS AND CONDITIONS.....................................................................18
APPENDICES: PAGE
APPENDIX A PRICE FORM, BID TENDER FORM, & SUPPLEMENTS............................48
APPENDIX B LIST OF PLANS AND SPECIFICATIONS........................................:...........76
APPENDIX C REQUIRED FORMS FOR BID SUBMITTAL................................................78
APPENDIX D REQUIRED FORMS (POST-AWARD).........................................................83
APPENDIX E SAMPLE CONTRACT..................................................................................95
0100 DEFINITIONS:
1. Definitions: Whenever the following terms or pronouns in place of them appear in the
Project Manual, the intent and meaning shall-be interpreted as follows:
1.1 Bid: shall refer to any offer(s) submitted in response to this ITB. The terms
"Bid" and "Bid Submittal" are used interchangeably.
1.2 Bidder: Any individual, firm, or corporation submitting a bid for this Project,
acting directly or through a duly authorized representative.
1.3 Change Order: A written document ordering a change in the Contract Price or
Contract Time or a material change.
1.4 City: The City (or Owner) shall mean the City of Miami Beach, a Florida
municipal corporation, having its principal offices at 1700 Convention Center
Drive, Miami Beach, Florida 33139, which is a party hereto and /or for which
this Contract is to be performed. In all respects hereunder, City's performance
is pursuant to City's position as the owner of a construction .project. In the
event City exercises its regulatory authority as a governmental body, the
-exercise of such regulatory authority and the enforcement of any rules,
regulations, laws and ordinances shall be deemed to have occurred pursuant
to City's regulatory authority as a governmental body and shall not be
attributable in any manner to City as a party to this Contract.
1.5 City Commission: City Commission shall mean the governing and legislative
body of the City.
1.6 City Manager: City Manager shall mean the Chief Administrative Officer of
the City.
1.7 Consultant: shall refer to a Registered Architect and/or Licensed Professional
Engineer that has been contracted by the City to provide professional services
for this project.
1.8 Contract: The part or section of the Contract Documents addressing some of
the rights and duties of the parties hereto, including but not limited to contract
time and liquidated damages.
1.9 Contract Administrator: The City's Contract Administrator shall mean the
individual appointed -by the City Manager who shall be the City's authorized
representative to coordinate, direct, and review on behalf of the City, all
matters related to the Project. The City's Contract Administrator for the Project
shall be the Capital Projects Coordinator.
1.10 Contract Documents: The official documents setting forth bidding
information, requirements and contractual obligations for the project and
includes the Contract, Invitation to Bid, Scope of Work, Instructions to Bidders,
Supplements, Technical Specifications, Exhibits, Certificated, Closeout Forms,
,General Conditions, Supplementary Conditions, Plans, Drawings, Addenda,
Award by the City Commission, Bonds, Notice of Award, Notices to Proceed,
Purchase Order(s), Change Order(s), Field Order-(s), Supplemental
Instructions, and any additional documents the submission of which is
required by the Project.
BID NO:2014-149-SR CITYOF MIAMI BEACH VjI;':h,`;O BEAC
DUE DATE: FEB 18,2013 5
1.11 Contract Price: The original amount established in the Bid Submittal and
award by the City, as may be amended by Change Order.
1.12 Contract Time: The original time -between commencement and completion,
including any milestone dates thereof, established in Article 2 of the Sample
Contract (Appendix E, attached), as may be amended-by Change Order.
1.13 Contractor: The person or entity with whom the City has contracted and who
is responsible for the acceptable performance of the Work and for the
payment of all legal debts pertaining to the Work. All references in the
Contract Documents to third parties under contract or control of Contractor
shall be deemed to be a reference to Contractor.
1.14 Field Order: A written order which orders minor changes in the Work but
which does not involve a change in the Contract Price or Contract Time.
1.15 Final Completion: The date certified by Consultant in the Final Certificate of
Payment upon which all conditions and requirements of any permits and
regulatory agencies have been satisfied; any documents required by the
Contract Documents have been received by Consultant; any other documents
required to be provided by Contractor have been received by Consultant; and,
to the best of Consultant's knowledge, information, and belief, the Work
defined herein has been full y completed in accordance with the terms and
r
conditions of the Contract Documents.
1.16 Materials: Materials incorporated in this Project, or used or consumed in the
performance of the Work.
1.17 Notice(s) to Proceed: Written notice to Contractor authorizing the
commencement of the activities identified in the notice or as described in the
Contract Documents.
1.18 Plans and/or Drawings: The official graphic representations of this Project
which are a part of the Contract Documents.
1.19 Program Manager: Not applicable.
1.20 Project: The construction project described in the Contract Documents,
including the Work described therein.
1.21 Project Initiation Date: The date upon which the Contract Time commences.
1.22 Resident Project Representative: Not applicable.
1.23 Responsible Bidder: An offeror who has the capability in all respects to
perform fully the contract requirements, and the integrity and reliability which
will assure good faith performance.
1.24 Responsive Bidder: A person or entity who has submitted a bid which
conforms in all material respects to a solicitation. A bid or proposal of a
Responsive Bidder must be submitted on the required forms, which contain all
required information, signatures, notarizations, insurance, bonding, security, or
other mandated requirements by the bid documents to be submitted at the
time of bid opening.
BID NO:2014-149-SR CITYOF MIAMI BEACH t,!AMBEACH
DUE DATE: FEB 18, 2013 6
1.25 Subcontractor: A person or entity having a direct -contract with Contractor
including one who furnishes material worked to a special design according to
the Contract Documents, but does not include one who merely furnishes
Materials not so worked.
1.26 Substantial Completion: The date certified in writing by Consultant, and as
fully determined by the Contract Administrator in his/her sole discretion the
work, or a portion thereof, is at a level of completion in substantial compliance
with the Contract Documents such that all conditions and requirements of
permits and regulatory agencies have been satisfied and the Work is
sufficiently complete in accordance with the Contract -Documents so the
Project is available for beneficial occupancy by City. A Certificate of
Occupancy or -Certificate of Completion and/or other authorization from the
City acceptable to Contract Administrator must be issued for.Substantial
Completion to be achieved; however, the issuance of a Certificate of
Occupancy or Certificate of Completion or the date thereof are not to be
determinative of the achievement or date of Substantial Completion.
1.27 Surety: The surety company or individual which is bound by the performance
bond and payment bond with and for Contractor who is primarily liable, and
which surety company or individual is responsible for Contractor's satisfactory
performance of the work under the contract and for the payment of all debts
pertaining thereto in accordance with Section 255.05, Florida Statutes.
1.28 Work: The construction and services required by the Contract Documents,
whether completed or partially completed, and includes all other labor,
materials, equipment and services provided or to be provided by Contractor to
fulfill Contractor's obligations. The Work may constitute the whole or a part of
the Project.
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BID NO: 2014-149-SR CITYOF MIAMI BEACH jV I&` I BEACH
DUE DATE: FEB 18,2013 7
0200 INSTRUCTIONS TO BIDDERS:
1. General: The following instructions are given for the purpose of guiding Bidders in properly
preparing their bids. Such instructions have equal force and weight with other portions of
the.Contract Documents and strict compliance is required with all the provisions contained in
the instructions. Bidders shall note that various paragraphs within these bid documents
have a box ( ❑ ) which may be checked�( ® ). If the box is checked, the language is made
apart of the bid documents and compliance therewith is required of the Bidder; if the box is
not checked, the language is not made a part of the bid documents.
2. Background and Scope of Work: North Shore Park Band Shell is a beautiful outdoor
amphitheater which recently underwent.a historic restoration. Within the boundaries of this
park resides the new UNIDAD Senior Center, where this project's scope of work resides.
The UNIDAD Senior Center will offer seniors a range of activities and services, including
nutritious meals, employment training and placement, counseling, support groups, health
information, nutrition/health screenings and assistance with immigration-related issues. In
addition, the Center will provide opportunities for cultural enrichment, exercise/fitness
classes, and social interaction, all of which are significant factors in an active lifestyle
correlated with greater longevity, independent living, and good health.
The scope of work for this project shall consist of the fabrication and installation of a handrail
system as specified in the Contract Documents.
The work set forth within these bid documents includes the furnishing of all labor, materials,
equipment, services, and incidentals for the construction of this project.
3. Abbreviations and Symbols: The abbreviations used throughout the Contract Documents
are defined hereinafter in the Technical Specifications. The symbols used in the Plans are
defined therein.
4. Examination of Contract Documents and Site: It is the responsibility of each Bidder
before submitting a Bid, to:
6.1 Examine the Contract Documents thoroughly.
6.2 Visit the site or structure to become familiar with conditions that may affect
costs, progress, performance or furnishing of the Work.
6.3 Take into account federal, state and local (City and Miami-Dade County) laws,
regulations, permits, and ordinances that may affect costs, progress,
performance, furnishing of the Work, or award.
6.4 Study and carefully correlate Bidder's observations with the Contract
Documents.
6.5 Carefully review the Contract Documents and notify Consultant of all conflicts,
errors or discrepancies in the Contract Documents of which Bidder knows or
reasonably should have known.
The submission of a Bid shall constitute an incontrovertible representation by Bidder that
Bidder has complied with the above requirements and that without exception, the Bid is
premised upon performing and furnishing the Work required-by the Contract Documents
and that the Contract Documents are sufficient in scope and detail to indicate and
convey understanding of-all terms and conditions for performance and furnishing of the
Work.
BID NO: 2014-149-SR CITYOF MIAMI BEACH ® ,°'tl :'t BEACH
DUE DATE: FEB 18,2013 8
5. Location of Work: This Scope of Work shall be completed at the following Location:
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6. Pre-Bid Interpretations: Only questions answered by written Addenda will be binding and
may supersede terms noted in this ITB. Oral and other interpretations or clarifications will
be without legal effect. All questions about the meaning or intent of the Contract Documents
are to be directed to the City's Procurement Director in writing. Interpretations or
clarifications considered necessary by the City's Procurement Director in response to such
questions will be issued by City by means of Addenda mailed or delivered to all parties
recorded by the City's Procurement Director as having received the Bidding Documents.
Written questions should be received no less than ten (10) calendar days prior to the
date of the opening of Bids. There shall be no obligation on the part of City or the
City's Procurement Director to respond to questions received less than ten (10)
calendar days prior to bid opening.
7. Printed Form of Bid: All bids must be made upon the blank Bid/Tender Form included herein
and must give the price in strict accordance with the instructions thereon. The bid must be
signed and acknowledged by the Bidder in accordance with the directions on the bid form.
8. ❑ Bid Guaranty: This bid shall be accompanied by either an original bid bond executed by
a surety company meeting the qualifications for surety companies as specified in Section
0500, General Conditions, or by cash, money order, certified check, cashier's check, Bid
BID NO:2014-149-SR CITYOF MIAMI BEACH i",asilf:a BEACH
DUE DATE: FEB 18,2013 9
Guaranty Form, Unconditional Letter of Credit (Form 00410), treasurer's check or bank draft
of any national or state bank (United States), in the amount of 5% of the bid amount,
payable to City of Miami Beach, Florida.
A PERSONAL CHECK OR A COMPANY CHECK OF A BIDDER SHALL NOT BE
DEEMED A VALID BID SECURITY. Security of the successful Bidder shall be forfeited to
the City of Miami Beach as liquidated damages, not as a penalty, for the cost and expense
incurred should said Bidder fail to execute the Contract, provide the required Performance
Bond, Payment Bond and Certificate(s) of Insurance, within fifteen-(15) calendar days after
notification of the award of the Contract, or failure to comply with any other requirements set
forth herein. Bid Securities of the unsuccessful Bidders will be returned after award of the
Bid by the Mayor and-City Commission.
9. ❑ Prevailing Wage Rates: City of Miami Beach Ordinance No, 94-2960 provides that in all
non-federally funded construction contracts in excess of one million dollars to which the City
of Miami Beach is a party, the rate of wages and fringe benefits, or cash equivalent, for all
laborers, mechanics and apprentices employed by any contractor or subcontractor on the
work covered by the contract, shall not be less than the prevailing rate of wages and fringe
benefit payments or cash equivalence for similar skills or classifications of work, as
established by the Federal Register, in the City of Miami Beach, Florida. The provisions of
this Ordinance shall not apply to the following projects:
a. water, except water treatment facilities and lift stations;
b. sewer, except sewage treatment facilities and lift stations;
C. storm drainage;
d. road construction, except bridges or structures requiring pilings; and
e. beautification projects, which may include resurfacing new curbs, gutters,
pavers, sidewalks, landscaping, new lighting, bus shelters, bus benches
and signage.
10. Acceptance or Rejection of Bids: The City reserves the right to reject any or all bids prior
to award. Reasonable efforts will be made to either award the Contract or reject all bids
within one-hundred twenty (120) calendar days after bid opening date. A Bidder may not
withdraw its bid unilaterally nor change the Contract Price before the expiration of one
hundred and twenty (120) calendar days from the date of bid opening. A Bidder may
withdraw its bid after the expiration of one hundred twenty(120) calendar days from the date
of bid opening by delivering written notice of withdrawal to the Department of Procurement
Management prior to award of the Bid by the Mayor and City Commission.
11. Method of Award: The City Commission shall award the contract to the lowest and best
bidder. The "lowest and best bidder" shall be defined as the lowest, responsive, and
responsible bidder. In determining the lowest and best bidder, and in addition to price,
Section 2-369 of the City Code provides that the City may consider the following:
a. The ability, capacity and skill of the bidder to perform the Contract.
b. Whether the bidder can perform the Contract within the time specified,
without delay or interference.
C. The character, integrity, reputation, judgment, experience and efficiency of
the bidder.
d. The quality of performance of previous contracts.
e. The previous and existing compliance by the bidder with laws and
ordinances relating to the Contract.
BID NO:2014-149-SR CITYOF MIAMI BEACH i`,0,.1AJ\A;i BEACH
DUE DATE: FEB 18,2013 10
12. Contract Price: The Contract Price is to include the furnishing of all .labor, materials,
equipment including tools, services, permit fees, applicable taxes, overhead and profit for
the completion of the Work except as may be otherwise expressly provided in the Contract
Documents. The-cost of any item(s) of Work not covered by a specific,Contract unit price or
lump sum price shall be included in the Contract unit price or lump sum price to which the
item(s) is most applicable.
13. Postponement of Date for Presenting and Opening Bids: The City reserves the right to
postpone the date for receipt and opening of bids and will make a reasonable effort to give
at least five (5) calendar days written notice of any such postponement to all prospective
Bidders.
14. Protested Solicitation Award: Protests concerning the bid specifications, requirements,
and/or terms; or protests after the bid opening date in accordance with City Code Section 2-
371, which establishes procedures for protested bids and proposed awards. Protests not
submitted in a timely manner pursuant to the requirements of City Code Section 2-371
shall be barred.
15. Miami Beach-Based Vendors: Pursuant to City of Miami Beach Ordinance No. 2011-3747,
a preference will be given to a responsive and responsible Miami Beach-based vendor, who
is within five percent (5%) of the lowest and best bidder, an opportunity of providing said
goods or contractual services for the lowest responsive bid amount. Whenever, as a result
of the foregoing preference, the adjusted prices of two (2) or more Miami -Beach-based
vendors constitute the lowest bid for a competitively bid purchase, and such bids are
responsive and otherwise equal with respect to quality and service, then the award shall be
made to the Miami Beach-based vendor having the greatest number of its employees that
are Miami Beach residents. Whenever, two or more Miami Beach-based vendors have the
same number of its employees that are Miami Beach residents, then the award shall be
made to the Miami Beach- based vendor who is certified by Miami-Dade County as a
Minority or Women Business Enterprise.
16. Veteran Business Enterprises: Pursuant to City of Miami Beach Ordinance No. 2011-
3748, the City shall give a preference to a responsive and responsible bidder which is a
small business concern owned and controlled by a veteran(s) or which is a service-disabled
veteran business enterprise, and which is within five percent (5%) of the lowest and best
bidder, by providing such bidder an opportunity of providing said goods or contractual
services for the lowest responsive bid amount. Whenever, as a result of the foregoing
preference, the adjusted prices of two (2) or more bidders which are a small business
concern owned and controlled by a veteran(s) or a service-disabled veteran business
enterprise constitute the lowest bid pursuant to an ITB or oral or written request for
quotation, and such bids are responsive, responsible and otherwise equal with respect to
quality and service, then the award shall be made to the service-disabled veteran business
enterprise.
17. Equal Benefits Ordinance: Bidders are advised that this Bid and any-contract awarded
pursuant to this procurement process shall be subject to the applicable provisions of
Ordinance No. 2005-3494, entitled "Requirement for City Contractors to Provide Equal
Benefits for Domestic Partners (the "Ordinance")." The Ordinance applies to all employees
of a Contractor who work within the City limits of the City of Miami Beach,.Florida; and the
Contractor's employees located in the United States, but outside of the City of Miami Beach
limits, who are directly performing work on the contract within the City of Miami Beach.
BID NO:2014-149-SR CITYOF MIAMI BEACH BEAC H
DUE DATE: FEB 18,2013 11
Bidders shall complete and return, with their bid, the "Declaration: Non-discrimination in
Contracts and .Benefits" form contained herein. The City shall not-enter into any contract
unless the Bidder certifies that such firm does not discriminate in the provision of Benefits
between employees with Domestic Partners and employees with spouses and/or between
the Domestic Partners and spouses of such employees. Contractors may also comply with
the Ordinance by providing an employee with the Cash Equivalent of such Benefit or
Benefits, if the City Manager or his/her designee determines that the successful
Bidder/Contractor shall complete and return the "Reasonable Measures Application"
contained herein, and the Cash Equivalent-proposed.
It is important to note that a Bidder is considered in compliance if bidder provides benefits
neither to employees' spouses nor to employees' Domestic Partners.
Bidders will find Attachment A-6 in Appendix A of this Solicitation which consists of an
FAQ Section and Required Forms for Bid Submittal.
18. City Manager's Review: After considering the staff recommendation for award, the City
Manager shall exercise his due diligence and recommend to the Mayor and City
Commission the bid that the City Manager deems to be in the best interest of the City.
19. City Commission Authority: The City Commission shall consider the City Manager's
recommendation(s) and, may approve or reject the City Manager's recommendation(s).
The City Commission may also reject all bids received.
The selection or approval by the City Commission shall not constitute a binding
contract between the City and the selected or approved bidder(s). A binding contract will
exist upon the completion as determined by the Administration, the City Attorney's
Office form approving the contract or contracts, and the Mayor and City Clerk or their
respective designees signing the contract(s) after the selected or approved bidder(s) has (or
have) done so. Only the executed contract(s)will be binding on the contracting parties.
20. CITY OF MIAMI BEACH LICENSES PERMITS AND FEES:
Each license, permit or fee a Contractor will have to pay the City before or during
construction or the percentage method or unit method of all licenses, permits and fees
REQUIRED BY THE CITY AND PAYABLE TO THE CITY by virtue of this construction as
part of the Contract is as follows:
The City of Miami Beach will require occupational licenses for Contractors as well as
sub-contractors.
Licenses, permits and fees which may be required by Miami-Dade County, the State
of Florida, or other governmental entities are not included in the above list, but are
listed as attached (next page) and included as an allowance in the bid.
Occupational licenses from City of Miami Beach firms will,be required to be submitted within
fifteen (15) days of notification of intent to award.
Occupational licenses will be required pursuant to Chapter 205.065 Florida Statutes.
BID NO:2014-149-SR CITYOF MIAMI BEACH �+ "{d ;"L aAt'
DUE DATE: FEB 18,2013 12
NOTE: a) If the Contractor is a State of Florida Certified Contractor the following will
be required:
1) Copy of State Contractors Certification
2) Place of Business Occupational License
3) Liability and Property Damage Insurance Certificate made to City of
Miami Beach
4) Workers compensation or the exemption
b) If a Dade County Licensed Contractor:
1) Dade Certificate of Competency in the Discipline Licensed
2) Municipal Contractors Occupational License
3) Liability and Property damage Insurance Certificate made to City of
Miami Beach
4) Workers Compensation or the exemption
NOTE: PLEASE PROVIDE COPIES OF ALL YOUR LICENSES AND CORPORATE
CERTIFICATES WITH YOUR BID SUBMITTAL.
21. PERMITS: The CONTRACTOR shall obtain and pay for any permits that may be required
for execution of the work.
I. MIAMI DADE DEPARTMENT OF ENVIRONMENTAL RESOURCES
MANAGEMENT (DERM)
II. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP)
Ill. FLORIDA DEPARTMENT OF TRANSPORTATION
IV. MIAMI-DADE TRAFFIC ENGINEERING DEPARTMENT
V. MIAMI-DADE WATER AND SEWER DEPARTMENT (WASD)
VI. FLORIDA POWER AND LIGHT(FPL)
VII.CITY OF MIAMI BEACH
i Public Works Right-of Way Permit
VIII. SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD)
The successful contractor shall be responsible for extending the Class V permit expiration
date as needed. The successful contractor shall be responsible for obtaining a Right of Way
Permit from the City of Miami Beach Public Works Department. The successful contractor
shall be responsible for obtaining a dewatering permit from the appropriate agencies if
necessary.
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BID NO:2014-149-SR CITYOF MIAMI BEACH V",.[AhAd BEACH
DUE DATE: FEB 18,2013 13
0300 MINIMUM QUALIFICATIONS AND REQUIREMENTS
Each Bidder shall satisfy each of the following requirements cited below. Failure to do so will
result in the bid submittals being deemed non-responsive. In order to be considered for award,
bidder must provide evidence of the following minimum requirements:
1. Licensing Requirements: Bidders shall be state and/or Miami-Dade County certified
and licensed Contractors to be considered for award.
2. Previous Experience: Bidders shall submit at least three (3) individual references
exemplifying their experience in projects for projects similar in scope and volume to
the work detailed within the Contract Documents. References must be projects
completed or in progress within the last five (5) years.
For all references submitted, Bidders shall submit at a minimum the following
information: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4)
Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided.
By submitting a bid, the bidder authorizes City Administration to contact the firm's stated
references for the purposes of evaluation for this Project. Any information obtained from
the references will not be disclosed to the Bidder.
3. Financial Stability and Strength: The Bidder must be able to demonstrate a good
record of performance and have sufficient financial resources to ensure that they can
satisfactorily provide the goods and/or services required herein.
In determining a Bidder's responsibility and ability to perform the Contract, City has the
right to investigate and request information concerning the financial condition,
experience record, personnel, equipment, facilities, principal business location and
organization of the Bidder, the Bidder's record with environmental regulations, and the
claims/litigation history of the Bidder. The City reserves the right to consider third-party
information (e.g., Dun & Bradstreet's Supplier Reports or similar) in determination of
capacity.
Bidders may be required to submit financial statements for each of their last two
complete fiscal years within ten (10) calendar days, upon written request. Such
statements should include, at a minimum, balance sheets (statements of financial
position) and statements of profit and loss (statement of net income). When the bid
submittal is from a joint venture, each bidder involved in the joint venture must submit
financial statements as indicated above. DO NOT include Financial Statements with
your bid submittal.
The City reserves the right to consider third-party information (e.g., Dun & Bradstreet's
Supplier Reports or similar) in determination of capacity.
Any Bidder who, at the time of bid submission, is involved in an ongoing bankruptcy as a
debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or
receiver has been appointed over all or a substantial portion of the property of the Bidder
under federal bankruptcy law or any state insolvency, may be declared non-responsive.
The Successful Bidder shall arrange for Dun & Bradstreet to submit a Supplier
Qualification Report (SQR) directly to the Procurement Contact named herein UPON
REQUEST by City Administration. All SQR Reports shall be submitted no later than
three (3) days from the date of request by City Administration. The cost of the
BID NO:2014-149-SR CITYOF MIAMI BEACH @ V,1AJ\ BEACH
DUE DATE: FEB 18,2013 14
preparation of the D&B report shall be the responsibility of the Proposer. The Proposer
shall request the SQR report from D&B at:
https://supi2lierportal.dnb.com/webapp/wcs/stores/serviet/SupplierPortal?storeld=11696
4. The qualified bidder shall hold all required current_certified licenses in order to provide
the scope of work as set forth in the bid documents. Copies of all license(s) shall be
submitted with bid submittal or within three (3) calendar days upon request from the
Contracting Officer. List jurisdictions and categories in which the bidder is legally
qualified to do business and indicate registration or license numbers, if applicable.
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I
BID NO:2014-149-SR CITYOF MIAMI BEACH BEACH
DUE DATE: FEB 18,2013 15
0400. BID SUBMITTAL REQUIREMENTS
Bids shall be submitted in a sealed, opaque packaging. One original in a three ring
binder as well as one (1) copy in digital format (CD or USB drive), of the complete Bid
must be received by the indicated deadline. LATE BIDS SHALL NOT BE ACCEPTED FOR
ANY REASON, NATURAL,OR OTHERWISE. The original and all copies must be submitted to
the Department of Procurement Management in a sealed envelope or container stating on the
outside,the Bidder's name, address, telephone number, ITB number, title, and due date.
Bid packages must contain the following documents, each fully completed, and signed as
required in the order dictated below. Bid packages which do not include ail required
documentation, or are not submitted in the required format, or do not have the appropriate
signatures on each document, may be deemed non-responsive. The City reserves the right to
request any documentation omitted, with exception of the Bid Price form and Bid Bond
(if applicable). Bid Submittals received with no Bid Price or Bid Bond (if applicable) shall be
deemed non-responsive. Bidder must submit any omitted documentation within three 3
calendar days upon request from the City, or the bid may be deemed non-responsive. Non-
responsive bid packages will receive no further consideration.
BID SUBMISSION FORMAT:
Tab A. IDENTIFICATION PAGE AND TABLE OF CONTENTS
Bidder shall provide a Cover Page including the following information:
• Name of Bidder. (Note: if co venture, specify)
• Address of submitting Bidder. (Note: if co-venture, specify)
• E-mail address for the appropriate contact person at the submitting company.
• Phone number and facsimile number of submitting Bidder.
• Federal Tax Identification Number for submitting Bidder.
• Declaration regarding company organization, whether as Corporation,
Partnership, or other. (Note: if co venture, specify)
• Signature of an officer or other individual of the submitting Bidder who has the
authority to bind said Bidder.
• Printed name of the authorized signing officer or other individual.
• Title of the authorized signing officer.
• Date of signature.
• Table of Contents.
Tab B. EXPERIENCE AND KEY PERSONNEL
It is a requirement of the bid that the Bidder staff the project with competent individuals
and qualified supervisory personnel. To that end, the Bidder shall provide the following
information:
• Bidder (Business Entity) shall-demonstrate the Contractor Team's (i.e., -General
Contractor, sub-contractors, and key personnel) ability to execute the type of
work described within the Contract Documents of this Invitation to Bid.
• Bidders shall provide evidence of experience, as required herein in Section 0300
Minimum Qualifications and Requirements.
O An organizational chart listing the proposed key personnel, their qualifications
and their roles in the project, resumes which shall include educational
BID NO: 2014-149-SR CITYOF MIAMI BEACH i'V'fl'AJ\A BEACH
DUE DATE: FEB 18,2013 16
background, work experience, employment history, and any .other pertinent
information. Where applicable, Bidder team members shall also submit current
and valid certifications and/or licenses for their individual scope of supervision. At
a minimum, the bidder shall include the following proposed project team
members:
® Construction Project Manager
■ Construction Superintendent
® Site°Foreman and/or Estimator
® A staffing plan that clearly illustrates the key elements of the proposed organizational
structure. The staffing plan should indicate the availability of the personnel proposed
to work on the Project. The staffing plan should also indicate the name of the
individual who will serve as the primary contact with City. Bidder shall clearly detail
the role of all sub-contractors proposed for the Project.
Tab C. B[D PRICE
Bidders are required to submit their bid price lump sum using the Bid Proposal Form
found in Appendix A, Attachment A-1.
FINANCIAL STATEMENTS
i. D&B Suppler Evaluation Report. Upon the request of City Administration after a Bid
has been submitted, the lowest and best Bidder shall pay D&B to send the Supplier
Qualifier Report.(SQR) to the prospective Bidder and the Department through electronic
means. The cost of the preparation of the D&B report shall -be the responsibility of the
prospective Bidder. The prospective Bidder shall request the report from D&B at the
following website:
https://supplierportal.dnb.com/webapp/wcs/stores/serviet/SupplierPortal?storeld=11696
BIDDERS SHOULD NOT INCLUDE SQR REPORTS WITH THEIR BID SUBMITTALS,
Financial Capacity shall only be evaluated for the lowest and best bidder to determine
the responsibility of that-contractor. Bidders shall submit SQR Reports electronically
directly to the Procurement Contact listed herein upon request.
ii. In addition to the D&B information, the City may require that proposers submit financial
statements for each of their last two complete fiscal years within ten (10) calendar days,
upon written request. Such statements should include, as a minimum, balance sheets
(statements of financial position) and statements of profit and loss (statement of net
income). When the submittal is from a co-venture, each Proposers involved in the co-
venture must submit financial statements as indicated above.
iii. Proposers shall provide proof of bonding capacity suitable for the-scope of work.
Balance of Page Intentionally Left Blank
BID NO:2014-149-SR CITYOF MIAMI BEACH ;",,IA.,,,/`BEACH
DUE DATE: FEB 18,2013 17
0500. GENERAL TERMS AND CONDITIONS:
1. Personnel Requirements: Superintendent must have at least approximately five (5)
years of experience in projects of similar design, scope, size and complexity. The
Project Manager must have at least approximately five (5) years of experience in
projects of similar design, scope, size and complexity.
2. Proiect Manual:
2.1. The Project Manual includes any general or special Contract conditions or
specifications attached hereto.
2.2. 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.
2.3. 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.
2.4. 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.
3. Intention of City:
It is the intent of City to describe in the Contract Documents a functionally complete
Project (or part thereof) to be constructed in accordance with the Contract Documents
and in accordance with all codes and regulations governing construction of the Project.
Any work, materials or equipment that may reasonably be inferred from the Contract
Documents as being required to produce the intended result shall be supplied by
Contractor whether or not specifically called for. When words which have a well-known
technical or trade meaning are used to describe work, materials or equipment, such
words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals, or codes of any technical society, organization or association, or
to the laws or regulations of any governmental authority, whethe r suc h 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.
4. Preliminary Matters:
4.1. 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:
4.1.1 A project "Base Line" schedule, one (1) copy on a CD and One (1) hard
copy (activities arranged in "waterfall"), in the indicated form for Final
review and approval:
BID NO:2014-149-SR CITYOF MIAMI BEACH ,",4, 'BE
EACH
DUE DATE: FEB 18,2013 18
O Bar Chart
() Modified CPM
( ) CPM
N Computerized CPM using the latest edition Primavera P6
software
(CPM shall be interpreted to be-generally as outlined in the Association of
General Contractors (AGC) publication, "The Use of CPM in
Construction.")
CONTRACTOR shall provide a preliminary man loaded, logic based "Base
Line I1 LL Project schedule using Early Start!9 "Early Early Finish 11 dates for each
activity. The Contractor shall include, in addition to normal work activity
input, input that encompasses all submittal approvals, delivery durations
for important materials and/or equipment, and Logic relationships of
activities including physical and site restraints. This input shall be
precedence based CPM scheduling using the most recent version of
Primavera P6 software. CONTRACTOR shall provide PROGRAM
MANAGER with a copy of the software.
The preliminary Base Line project schedule when submitted shall have
attached a run of the programs generated error report that states no errors
and be acceptable to CONSULTANT.
Monthly, CONTRACTOR shall submit with each progress application an
update of the Project Schedule with an error report stating no errors (that
does not revise the base line schedule), showing the progress for the
month. CONTRCTOR SHALL SUBMIT ONE HARD COPY AND ONE
ELECTRONIC COPY. In addition to the Progress Schedule
CONTRACTOR shall include a narrative report of the months' progress, an
explanation of any delays and or additions/deletions to activities.
It is strongly recommended that CONTRACTOR hire a seasoned
professional, in the use of Primavera P6, to develop and update the
Primavera P6 project schedule.
CONTRACTOR agrees to attend weekly progress meetings and provide
an updated (3) week look ahead schedule for review and discussion and
monthly be prepared to discuss any:
1) Proposed changes to the'Base Line schedule logic;
2) Explain and provide a narrative for reasons why logic changes
should be made;
3) Update to individual subcontractor activities; and
4) Integration of-changes into the schedule.
The Project Schedule shall be the basis of the CONTRACTOR'S work
and shall be complied with in all respects.
If CONTRACTOR'S Work becomes more than (30) days-behind schedule
CONTRACTOR shall be required to submit a "Make-Up" schedule to
BID NO:2014-149-SR CITYOF MIAMI BEACH ® i%A.1AJ\..': BEACH
DUE DATE: FEB 18,2013 19
PROGRAM MANAGER for review and acceptance that demonstrates
"Catch Up" within thirty (3) days. CONTRACTOR shall provide, at
CONTRACTOR'S cost, the necessary additional labor and or equipment
necessary to make-up the lost time. Failure to provide a "Make-Up"
schedule or vigorously follow the "Make-Up" schedule shall be reason to
default CONTRACTOR.
4.1.2 After award but prior to the submission of the final 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.
4.1.3 A preliminary schedule of Shop Drawing submissions; and
4.1.4 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.
Z Such prices shall be broken down to show labor, equipment,
materials and overhead and profit.
4.1.5 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.
4.2. 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 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.
4.3. 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. Within forty-five (45)
days after the Project Initiation Date set forth in Notice to Proceed No. 1, the
Contractor shall revise the original schedule submittal to address all review
comments from the CPM review conference and resubmit for Consultant review.
The finalized progress schedule will be accepted by Consultant.only as providing
an orderly progression of the Work to completion within the Contract Time, but
such acceptance shall not constitute acceptance by City or Consultant of the
means or methods of construction or of the sequencing or scheduling of the
Work, and such acceptance will neither impose on Consultant or City
BID NO:2014-149-SR CITYOF MIAMI BEACH ® NA.1AM BEACH
DUE DATE: FEB 18,2013 20
r
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
must be acceptable to Consultant as to form and substance.
5. 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.
5.1. Each Bond shall be in the amount of one hundred percent (100°/x) 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.
5.2. 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.
5.3. 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.
5.4. 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
1 P PP Y P P 1
the same conditions as those applicable above and shall be held by City for one
year after completion and acceptance of the Work.
6. Qualification of Surety
6.1. Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred
Thousand Dollars ($500,000.00):
6.1.1. -Each bond must be executed by a surety company of recognized
standing, authorized to do business in the State of Florida as surety,
having a resident agent in the State of Florida and having been in
business with a record of successful continuous operation for at least five
(5) years.
6.1.2. The surety company shall hold a current certificate of authority as
acceptable surety on federal bonds in accordance with United States
BID NO:2014-149-SR CITYOF MIAMI BEACH NA,14,1'0 B,EAC
DUE DATE: FEB 18,2013 21
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.
6.1.3. 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 11
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
6.2. 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.
6.3. 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.
7. Indemnification
7.1 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,
BID NO:2014-149-SR CITYOF MIAMI BEACH � N`MJ%!d1 BEACH
DUE DATE: FEB 18,2013 22
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.
7.2 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.
8. Insurance Requirements:
8.1 The Bidder shall furnish to the Department of Procurement, City of Miami Beach,
1700 Convention Center Drive, 3rd Floor, Miami, Florida 33139, Certificate(s) of
Insurance which indicate that insurance coverage has been obtained which
meets the requirements as outlined below:
A. Worker's Compensation Insurance for all employees of the vendor as
required by Florida Statute 440.
B. Commercial General Liability Insurance on a comprehensive basis,
including Personal Injury Liability, Products/Completed Operations, in
an amount not less than $1,000,000 combined single limit per
occurrence for bodily injury and property damage. City of Miami
Beach must be shown as an additional insured with respect to
this coverage.
C. Automobile Liability Insurance covering all owned, non-owned and
hired vehicles used in connection with the work, in an amount not less
than $1,000,000 combined single limit per occurrence for bodily injury
and property damage.
D. Professional Liability Insurance in an amount not less than $1,000,000
with the deductible per claim, if any, not to exceed 10% of the limit of
liability.
All insurance policies required above shall be issued by companies authorized to
do business under the laws of the State of Florida, with the following
qualifications:
The company must be rated no less than "B" as to management, and no
less than "Class V" as to financial strength, by the latest edition of Best's
Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey,
or its equivalent, subject to the approval of the City Risk Management
Division.
BID NO:2014-149-SR CITYOF MIAMI BEACH ® "sr'I APv"d BEACH
DUE DATE: FEB 18,2013 23
Or
The company must hold a valid Florida Certificate of Authority as shown in
the latest "List of All Insurance Companies Authorized or Approved to Do
Business in Florida" issued by the State of Florida Department of
Insurance and are members of the Florida Guaranty fund.
Certificates will indicate no modification or change in insurance shall be made
without thirty (30) days in advance notice to the certificate holder.
CERTIFICATE HOLDER MUST READ:
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, 3RD FLOOR
MIAMI BEACH, FL 33139
Compliance with the foregoing requirements shall not relieve the vendor of his
liability and 'obligation under this section or under any other section of this
agreement.
9. Labor and Materials:
9.1. 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.
9.2. 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.
10. 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.
11. 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
BID NO:2014-149-SR CITYOF MIAMI BEACH 99 ;t�l;t�f?i BEACH
DUE DATE: FEB 18,2013 24
r
(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.
12. Permits, Licenses and Impact Fees:
12.1. 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.
12.2. 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.
13. Resolution of Disputes:
13.1 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 non-
technical 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.
13.2 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
BID NO:2014-149-SR CITYOF MIAMI BEACH I; V3iACl
DUE DATE: FEB 18,2013 25
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.
14. Inspection of Work:
14.1. 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.
14.1.1. 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.
14.1.2. 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.
14.2. Inspectors shall have no authority to permit deviations from, or to relax any of the
provisions of, the Contract Documents or to delay the Contract by failure to
inspect the materials and work with reasonable promptness without the written
permission or instruction of Consultant.
14.3. 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.
15. Superintendence and Supervision:
15.1. 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
BID NO:2014-149-SR CITYOF MIAMI BEACH ;?trF:l �`.'BEACH
DUE DATE: FEB 18,2013 26
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.
15.2. Daily, Contractor's superintendent shall record, at a minimum, the following
information in a bound log: the day; date; weather conditions and how any
weather condition affected progress of the Work; time of commencement of work
for the day; the work being performed; materials, labor, personnel, equipment
and subcontractors at the Project site; visitors to the Project site, including
representatives of Consultant; regulatory representatives; any special or unusual
conditions or occurrences encountered; and the time of termination of work for
the day. All information shall be recorded in the daily log in ink. The daily log
shall be kept on the Project site and shall be available at all times for inspection
and copying by City and Consultant.
15.3. 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.
15.4. 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.
15.5. 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.
16. City's Right to Terminate Contract:
16.1. 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
BID NO:2014-149-SR CITYOF MIAMI BEACH i`,A.1 A`vV BEAC
DUE DATE: FEB 18,2013 27
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
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.
16.2. 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.
16.3. 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.
16.4. 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.
17. Contractor's Right 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.
BID NO:2014-149-SR CITYOF MIAMI BEACH ;A`,,A BEACH
DUE DATE: FEB 18,2013 28
18. Assignment:
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.
19. 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.
20. 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.
21. 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: 2014-149-SR CITYOF MIAMI BEACH
DUE DATE: FEB 18,2013 29
22. 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.
23. Contractor's Responsibility for Damages and Accidents:
23.1. 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.
212. 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.
24. 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.
25. Supplementary Drawings:
25.1. 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.
25.2. . 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.
26. Defective Work:
26.1. Consultant shall have the authority to reject or disapprove work which Consultant
finds to be defective. If required by Consultant, Contractor shall promptly either
correct all defective work or remove such defective work and replace it with
nondefective work. Contractor shall bear all direct, indirect and consequential
costs of such removal or corrections including cost of testing laboratories and
personnel.
BID NO: 2014-149-SR CITYOF MIAMI BEACH ,°vK'dA MO BEAC°
DUE DATE: FEB 18,2013 30
26.2. 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.
26.3. 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.
26.4. 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.
27. 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.
28. Subcontracts: r
28.1. 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.
28.2. 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
subcontractor. City or Consultant may furnish to any subcontractor evidence of
amounts paid to Contractor on account of specific work performed.
28.3 Contractor agrees to bind specifically every subcontractor to the applicable terms
and conditions of the Contract Documents for the benefit of City.
28.4. Contractor shall perform the Work with its own organization, amounting to not
less than 70%.percent of the Contract-Price.
BID NO:2014-149-SR CITYOF MIAMI BEACH 1v,1A;iV BEACH
DUE DATE:FEB 18,2013 31
29. Separate Contracts:
29.1. 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.
29.2. 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 shall
constitute an acceptance of the other person's work as fit and proper for the
reception of Contractor's Work, except as to defects which may develop in other
contractor's work after the execution of Contractor's.
29.3. 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.
29.4. 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.
30. Use of Completed Portions:
30.1. 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.
30.2. In the event City takes possession of any completed or partially completed
portions of the Project, the following shall occur:
30.2.1. City shall give notice to Contractor in writing at least thirty (30)
calendar days prior to City's intended occupancy of a designated
area.
30.2.2. 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.
30.2.3. 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.
BID NO:2014-149-SR CITYOF MIAMI BEACH r:=lA;�,?I BEACH
DUE DATE: FEB 18,2013 32
30.2.4. 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.
30.2.5. 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.
31. Lands for Work:
31.1. 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.
31.2. 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.
32. 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.
33. Location and Damage to Existing Facilities, Equipment or Utilities:
33.1. 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.
33.2. 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
BID NO:2014-149-SR CITYOF MIAMI BEACH AA B EACH
DUE DATE: FEB 18,2013 33
f
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.
33.3. 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.
33.4. 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.
34. 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
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.
35. 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.
36. Changes in the Work or Terms of Contract Documents:
36.1. 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
BID NO:2014-149-SR CITYOF MIAMI BEACH }P*1; =M
DUE DATE: FEB 18,2013 34
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.
36.2. 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.
37. Field Orders and Supplemental Instructions:
37.1. 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.
37.2. 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.
38. Change Orders:
38.1. 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.
38.2. All changes to construction contracts which exceed the Commission-approved
contingency 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.
38.3. 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.
38.4. 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.
BID NO:2014-149-SR CITYOF MIAMI BEACH i t,-APV`„BEACH
DUE DATE: FEB 18,2013 35
38.5. Under circumstances determined necessary -by City, Change Orders may be
issued unilaterally by City.
39. Value of Change Order Work:
39.1. 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:
39.1.1. 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.
39.1.2. By mutual acceptance of a lump sum which Contractor and City
acknowledge contains a component for overhead and profit.
39.1.3. 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.
39.2. 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.
39.2.1. 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.
39.2.2. 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
BID NO:2014-149-SR CITYOF MIAMI BEACH "'o"It",vo BL-ACH
DUE DATE: FEB 18,2013 36
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.
39.2.3. 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.
39.2.4. 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.
39.2.5. Supplemental costs including the following:
39.2.5.1. 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.
39.2.5.2. 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 .
39.2.5.3. Sales, use, or similar taxes related to the work, and for
which Contractor is liable, imposed by any governmental
authority.
39.2.5.4. Deposits lost for causes other than Contractor's
negligence; royalty payments and fees for permits and
licenses.
39.2.5.5. The cost of utilities, fuel and sanitary facilities at the site.
39.2.5.6. 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.
BID NO:2014-149-SR CITYOF MIAMI BEACH ® M.1ANk BEACH s
DUE DATE: FEB 18,2013 37
39.2.5.7. Cost of premiums for additional bonds and insurance
required because of changes in the work.
39.3. The term "cost of the work" shall not include any of the following:
39.3.1. 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, all of which are to be considered
administrative costs covered by Contractor's fee.
39.3.2. Expenses of Contractor's principal and branch offices other than
Contractor's office at the site.
39.3.3. Any part of Contractor's capital expenses, including interest on
Contractor's capital employed for the work and charges against
Contractor for delinquent payments.
39.3.4. 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.
39.3.5. 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.
39.3.6. Other overhead or general expense costs of any kind and the cost of
any item not specifically and expressly included in Section 38.2.
39.4. Contractor's fee allowed to Contractor for overhead and profit shall be
determined as follows:
39.4.1.A mutually acceptable fixed fee or if none can be agreed upon,
39.4.2.A fee based on the following percentages of the various portions of the
cost of the work:
39.4.2.1. For costs incurred under Sections 38.2.1 and 38.2.2,
Contractor's fee shall not exceed ten percent(10%).
39.4.2.2. 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 .
BID NO: 2014-149-SR CITYOF MIAMI BEACH NvA ",P0 BEACH?
DUE DATE: FEB 13,2013 38
Subcontractor as a fee for overhead and profit shall not
exceed ten percent(10%); and
39.4.2.3. 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.
39.5. 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.
39.6. 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.
39.7. 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.
39.8. 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.
39.8.1. Breakdown shall list the quantities and unit prices for materials, labor,
equipment and other items of cost.
39.8.2. 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.
39.9. 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."
40. Notification and Claim for Change of Contract Time or Contract Price:
40.1. 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
BID NO:2014-149-SR CITYOF MIAMI fVidAN/dBEACH
t14/a;
DUE DATE: FEB 18,2013 39
the Contract Time or Contract Price shall be determined by Consultant in
accordance with Article 1.2 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.
40.2. 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 therefore 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.
41. 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.
42. Excusable Delay; Compensable; Non-Compensable:
42.1 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
BID NO:2014-149-SR CITYOF MIAMI BEACI-!
DUE DATE: FEB 18,2013 40
on the part of City or its agents. In no event shall Contractor be
compensated for interim delays which do not extend the Contract Time.
Contractor shall be entitled to direct and indirect costs for Compensable
Excusable Delay. Direct costs recoverable by Contractor shall be limited to the
actual additional costs allowed pursuant to Article 38 hereof.
City and Contractor recognize and agree that the amount of Contractor's precise
actual indirect costs for delay in the performance and completion of the Work is
impossible to determine as of the date of execution of the Contract Documents,
and that proof of the precise amount will be difficult. Therefore, indirect costs
recoverable by the Contractor shall be liquidated on a daily basis for each day
the Contract Time is delayed due to a Compensable Excusable Delay. These
liquidated indirect costs shall be paid to compensate-Contractor for all indirect
costs caused by a Compensable Excusable Delay and shall include, but not be
limited to, all profit on indirect costs, home office overhead, acceleration, loss of
earnings, loss of productivity, loss of bonding capacity, loss of opportunity and all
other indirect costs incurred by Contractor. The amount of liquidated indirect
costs recoverable shall be one thousand four hundred dollars ($1,400) 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.
43. 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.
r,
CITYOF MIAMI BEACH =`f,� AC
V0BEJw
BID NO:2014-149-SR � � I
DUE DATE: FEB 18,2013 41
44. 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.
45. Shop Drawings:
45.1. Contractor shall submit Shop Drawings as required by the Technical
Specifications. The purpose of the -Shop Drawings is to show the suitability,
efficiency, technique of manufacture, installation requirements, details of the
item and evidence of its compliance or noncompliance with the Contract
Documents.
45.2. Within thirty (20) 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.
45.3. After the-approval of the list of stems 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.
45.4. Contractor shall thoroughly review and check the Shop Drawings and each and
every copy shall show this approval thereon.
45.5. 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.
45.6. Consultant shall review and approve Shop Drawings within seven (7) 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.
45.7. 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
BID NO:2014-149-SR CITYOF MIAMI BEACH , ACH
DUE DATE: FEB 18,2013 42
r
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.
45.8. 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.
45.9. -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.
45.10. Contractor shall keep one set of Shop -Drawings marked with Consultant's
approval at the job site at all times.
46. Field Layout of the Work and Record Drawings:
46.1. 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.
46.2. 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.
46.3. 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.
47. Safety and Protection:
47.1. 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:
47.1.1. All employees on the work site and other persons who may be
affected thereby;
BID NO:2014-149-SR CITYOF MIAMI BEACH t.sdik/ BEACH
DUE DATE: FEB 18,2013 43
47.1.2. All the work and all materials or equipment to be incorporated therein,
whether in storage on or off the Project site; and
47.1.3. 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.
47.2. 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.
47.3. 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.
48. Z 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.
49. 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.
50. Project Sign:
Any requirements for a project sign shall be paid by the Contractor as specified by City
Guidelines'.
51. Hurricane Precautions:
51.1. 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:2014-149-SR CITYOF MIAMI BEACH �fkirFt;, 8
DUE DATE:FEB 18,2013 44
51.2. Compliance with any specific hurricane warning or alert precautions will not
constitute additional work.
51.3. 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.
51.4. 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.
52. 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.
53. Removal of Equipment:
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.
54. Nondiscrimination, Equal 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:2014-149-SR CITYOF MIAMI BEACH t% IAM BEACH
DUE DATE:FEB 18,2013 45
55. Proiect Records:
City shall have the right to inspect and copy, -at City's expense, the books and records
and accounts of Contractor which relate in any way to the Project, and to any claim for
additional compensation made by Contractor, and to conduct an audit of the financial
and accounting records of Contractor which relate to the Project and to any claim for
additional compensation made by Contractor. Contractor shall retain and make
available to City all such books and records and accounts, financial or otherwise, which
relate to the Project and to any claim for a period of three -(3) years following Final
Completion of the Project. During the Project and the three (3) year period following
Final Completion of the Project, Contractor shall provide City access to its books and
records upon seventy-two (72) hours written notice.
56. Performance Evaluations:
An interim performance evaluation of the successful Contractor may be submitted by the
Contract Administrator during construction of the Project. A final performance evaluation
shall be submitted when the Request for Final Payment to the construction contractor is
forwarded for approval. In either situation, the completed evaluation(s) shall be
forwarded to the City's Procurement Director who shall provide a copy to the successful
Contractor. Said evaluation(s) may be used by the City as a factor in considering the
responsibility of the successful Contractor for future bids with the City.
57. Occupational Health and Safety:
In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section
38F-41.03 of the Florida Administrative Code delivered as a result of this bid must be
accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the
manufacturer. The MSDS must include the following information:
b. The chemical name and the common name of the toxic substance.
c. The hazards or other risks in the use of the toxic substance, including:
i. The potential for fire, explosion, corrosion, and reaction;
ii. The known acute and chronic health effects of risks from exposure,
including the medical conditions which are generally recognized as being
aggravated by exposure to the toxic substance; and
iii. The primary routes of entry and symptoms of overexposure.
d. The proper precautions, handling practices, necessary personal protective
equipment, and other safety precautions in the use of or exposure to the toxic
substances, including appropriate emergency treatment in case of overexposure.
e. The emergency procedure for spills, fire, disposal, and first aid.
f. A description in lay terms of the known specific potential health risks posed by
the toxic substance intended to alert any person reading this information.
BID NO:2014-149-SR CITYOF MIAMI BEACH ikv, � ��t � �:Fl
DUE DATE: FEB 13,2013 46
g. The year and month, if available, that the information was compiled and the
name, address, and emergency telephone number of the manufacturer
responsible for preparing the information.
58. Environmental Regulations:
The City reserves the right to consider a Bidder's history of citations and/or violations of
environmental regulations in investigating a Bidder's responsibility, and further reserves
the right to declare a Bidder not responsible if the history of violations warrant such
determination in the opinion of the City. Bidder shall submit with its Bid, a complete
history of all citations and/or violations, notices and dispositions thereof. The
nonsubmission of any such documentation shall be deemed to be an affirmation by the
Bidder that there are no citations or violations. Bidder shall notify the City immediately of
notice of any citation or violation which Bidder may receive after the Bid_opening date
and during the time of performance of any contract awarded to it.
59. "Or Equal" Clause:
Whenever a material, article or piece of equipment is identified in the Contract
Documents including plans and specifications by reference to manufacturers' or vendors'
names, trade names, catalog numbers, or otherwise, City, through-Consultant, will have
made its best efforts to name at least three (3) such references. Any such reference is
intended merely to establish a standard; and, unless it is followed by the words "no
substitution is permitted" because of form, fit, function and quality, any material,
article, or equipment of other manufacturers and vendors which will perform or serve the
requirements of the general design will be considered equally acceptable provided the
materials, article or equipment so proposed is, in the sole opinion of Consultant, equal in
substance, quality and function.
ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S
PROCUREMENT DIRECTOR, WHO SHALL FORWARD SAME TO CONSULTANT.
BID NO:2014-149-SR CITYOF MIAMI BEACH r;(MAO BEACH
DUE DATE: FEB 18,2013 47
A NDIX A
Price Form, Bid Tender Form, & Supplements
ATTACHMENT A-1: ITB Price Form & Unit Price Breakdown form
ATTACHMENT A-2: Bid Tender Form
ATTACHMENT A-3: Supplement to Bid Tender Form: Contractor Qualification Statement
ATTACHMENT A-4: Supplement to Bid Tender Form: Non-Collusion Certificate
ATTACHMENT A-5: Supplement to Bid Tender Form: Drug Free Workplace Certification
ATTACHMENT A-6: Supplement-to Bid Tender Form: Equal Benefits Ordinance
ATTACHMENT A-7: Supplement to Bid Tender Form: Trench Safety Act
ATTACHMENT A-8: Supplement to Bid Tender Form: Recycled Content Information
101AMIBEAC-n .
BID NO: 2014-149-SR CITYOF MIAMI BEACH f��:R,�. BEACH
DUE DATE: FEB 18,2013 48
A-1
C -;. �rz - �.'1 - k_ -chime+' - t .. � -:. - i .+•f Jl 1, ry. �
4 rs- ?cam+� N �- � •�.2r tL- � sib-r'3'� -,.L.�..`. ,a -��{S g- 5 � 5 '
The TOTAL BASE BID amount includes the all-inclusive total cost for the work specified in this bid,consisting
of furnishing all materials,labor,equipment,supervision,mobilization,demobilization,overhead and
profit,insurance,permits,and taxes to complete the work to the full intent as shown or indicated in the
contract documents. Any or all alternates,if applicable,may be selected at the City's sole discretion and
based on funding availability.
Bidders must submit this ITB Price Form fully completed,including Sections 1 and 2,as part of the Bid
response.Failure to do so shall deem the Bidder nonresponsive.
� 'n ?. 7_.�--s-d.-3- °-- '2•. 4-e v •.-F r� i�,-.. -gz-R,r- r`- _ '. ;. a•• r—c�• r,,---�. �..... -: .r. .fr.
FY01-LIVFORMATIONALPURP®SES_®NLY, BIDDER SHALL SURfV1IT A DETAILED SCHEDULE®F
�r ,�W L;X �r�.,r `�-z?=� '-L a- .rt.- r:"Fa -a 9;'.. ��!'Fu: , z-s`
VAWES`BY DtVISJO- TFfAT�INCLUDES UNIT PRICES ON` COMPANY L'ETTERifiEA'® WITFt
7.-ntc�actssb t; .°a�--:,� ``a c"`t'•t -4° ...
THE(R BID SUBMITTAL OR 1-iT�IIN THREE�(3},DAYS REC�t1EST Y CfTV ADMINISTRATION:
In the event of arithmetical errors between the division totals and the total base bid,the Bidder agrees that
the total base bid shall govern. In the event of a discrepancy between the numerical total base bid and the
written total base bid,the written total base bid shall govern.In absence of totals submitted for any
division cost,the City shall interpret as no bid for the division,which may disqualify bidder.
-h•
�T6�2Q14149
r a FABRICATION �paND IRISTALIVTION:is OF 74'HANDRAIL
''PRO�ECT�TITLE• R-- .ro
1 SYSTEM NIDAD BUILDING TERRACE AT=NORTH
w_ ¢: Y �� gir,5ia ,rr_
=r' 7S�-TORE BANDSHELL f?ARIE ,T� .;1 �� K s...
a "`K•u.j`! "ir.€:?.>.- �, '?':, r -'_="-.a.:
COMPANY NAME: George's Welding Services, Inca
LUMP SUM TOTAL
Numerical Total Base Bid($)1 $65,120.00
Written Total Base Bid(dollars)Z Sixty Five Thousand One Hundred and Twenty Dollars
Lump Sum Grand Total $65,120.00
Section 2- Bidder's Affirmation:
Company: George's Welding Services, Inc.
Address Line 1: 11400 NW 134th Street, Miami, FL 33178
Address Line 2:
Telephone: (305) 822-2445
Email: Estimating @geotgeswelding.com
Signature:
Title/Printed Name: Genera I'Manager/ Luz Amador
1 Numerical totals should be written using numerical characters(e.g.,$1,000.00).
2 Written totals should be spelled out(e.g., one thousand dollars).
FAILURE TO SUBMIT THIS FORM AND BID BOND (IF APPLICABLE)
WITH BID SUBMITTAL SHALL RESULT IN BEING DEEMED NONRESPONSIVE.
BID NO:2014-149-SR CITYOF MIAMI BEACH
DUE DATE:FEB 18,2013 49
A-2 _
BID TENDER FORM
Submitted: February 18,2014
Date
City of Miami Beach, Florida
1700 Convention-Center Drive
Miami Beach,-Florida 33139
The undersigned, as :Bidder, hereby declares that the -only persons interested in this bid as
principal are named herein and that no person other than herein mentioned has any interest in
this bid or in the Contract to be entered into; that this bid is made without-connection with any
other person, firm, or parties making a bid; and-that it is,-in all respects, made fairly and in good
faith without collusion or fraud.
The Bidder further declares that it has examined the site of the Work and informed itself fully of
all conditions pertaining to the place where the Work is to be done; that it has-examined the
Contract Documents and all addenda thereto furnished before the opening of the bids, as
acknowledged below; and that it has satisfied itself about the Work to be performed; and all
other required information with the bid; and that this-bid is submitted voluntarily and willingly.
The Bidder agrees, if this bid is accepted, to contract with the City, a political subdivision of the
State of Florida, pursuant to the terms and conditions of the Contract Documents and to furnish
all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and
all labor necessary to construct and complete within the time limits specified the Work covered
by the Contract Documents for the Project entitled:
INVITATION TO BID (ITB) No. 2014-149-SR
FABRICATION AND INSTALLATION OF HANDRAIL SYSTEM AT UNIDAD BUILDING
TERRACE AT NORTH-SHORE BANDSHELL PARK
The Bidder also agrees to furnish the required Performance Bond and Payment Bond or
alternative form of security, if permitted by the City, each for not less than the total bid price plus
alternates, if any, provided in the ITB Price Form in Section 00408 and to furnish the required
Certificate(s)of Insurance.
In th e event ev of arithmetical errors between the division totals and the total base bid in the IT B
'Price Form, the Bidder agrees that the total base bid shall govern. In the event of a discrepancy
between the numerical total base bid and the written total base bid, the written total base bid
shall govern. In absence of totals submitted for any division cost, the City shall interpret as no
bid for the division, which may disqualify-bidder.
BID NO:2014-149-SR CITYOF MIAMI-BEACH
DUE DATE:FEB 18, 2013 50
A®2
Acknowledgment is hereby made of the following addenda (identified-by number) received since
issuance of this Solicitation: }� Y
VWX n
V ..
Amendment 1 Amendment`6
Amendment 2 Amendment 7
Amendment 3 Amendment 8
Amendment 4 Amendment 9
Amendment 5 Amendment 10
Attached is a Bid Bond ❑, Cash ❑, Money Order ❑, Unconditional Letter of Credit ❑,
Treasurer's Check ❑, Bank Draft ❑, Cashier's Check ❑,-or:
Certified Check ❑ No.
Bank of for the sum of
Dollars ($ ).
The Bidder shall acknowledge this bid by signing and completing the spaces provided below.
Name of Bidder:
Address Line 1:
Address Line 2:
Telephone Number:
E-mail Address:
Social Security Number:
OR Federal I.D. Number: Dun & Bradstreet No.:
If a partnership, names and addresses of partners:
(Sign below if not incorporated)
WITNESSES: (Type or Print Name of Bidder)
(Signature)
(Type or Print Name Signed Above)
BID NO: 2014-149-SR -CITYOF MIAMI BEACH � MIi=,N> BEA,C
DUE DATE: FEB 18,2013 51
A-2
_(Sign below if incorporated)
GEORGE'S WELDING SERVICES;INC.
ATTEST: (Type or Print Name of Corporation)
Secretary -- �
President
�v
5nature and Title)
CORPORATE SEAL)
Jorge Amador
(Type or Print Name Signed Above)
Incorporated under the laws of the State of
FLORIDA..._.:.__. ..:.........:... ..._..
I
BID NO;2014-149-SR CIT'YOF miAml BEACH s�
DUE DATE:FEB 18,2013 52
pt
i
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SUPPLEMENT TO BID/TENDER FORM:
CONTRACTOR QUALIFICATION STATEMENT
THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE BID; HOWEVER, ANY
ADDITIONAL INFORMATION NOT INCLUDED IN THE SUBMITTED FORM AS
DETERMINED IN THE SOLE DISCRETION OF THE CITY, SHALL BE SUBMITTED WITHIN
SEVEN (7) CALENDAR DAYS OF THE CITYS REQUEST.
The undersigned authorized representative of the -Bidder certifies the truth and accuracy of all
statements and the answers contained herein.
1. Please list all Licenses, Certifications, and/or Registrations your organization may possess.
Please also indicate the number of years your organization has-been in possession of these
licenses, certifications, and/or registrations.
License/Certification#/Registration# #Years
2. Attach a list of the Key Personnel, the intended role for this Project, and resumes for each
individual.
3. What business are you in?
4. Please indicate the last project of similar scope and volume that your organization has
completed and its completion date.
5. Have you ever failed to complete any work awarded to you? If so, where and why?
6. List owner names, addresses and telephone numbers, and surety and project names, for all
projects for which you have performed work, where your surety has intervened to assist in
completion of the project, whether or not a claim was made.
7. References & Past Performance. Bidder shall submit at least three (3) references for
whom the proposer has completed work similar in size and nature as the work referenced in
solicitation.
SUBMITTAL REQUIREMENT: Proposer shall submit a -minimum of three (3) references,
including the following information: 1) Firm Name, 2) Contact Individual Name & Title, 3)
Address, 4) Telephone, 5) Contact's'Email and 6) Narrative on Scope of Services Provided.
BID NO:2014-149-SR CITYOF MIAMI BEACH ® iA}Y a °�_: BEACH
DUE DATE: FEB 18,2013 53
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8. Attach a list including the following information concerning all contracts in progress as-of the
date of submission of this bid. (In case of co-venture, list the information for all
co-venturers):
a. Name-of Project
'b. Owner and Point of Contact (Minimum of Phone Number& E-mail Address)
c. Original Contract Value
d. Current Contract Value
e. Projected Date of Completion per-Contract
f. Percent.(%) Completion to Date of Bid Submittal
9. Has a representative of the Bidder completely inspected the proposed project and does the
Bidder have a complete plan for its performance? O Yes ❑No
10. State the true, exact, correct and complete name of the partnership, corporation or trade
name under which you do business and -the address of the place of business. (If a
corporation, state the name of the president and secretary. If a partnership, state the names
of all partners. If a trade name, state the names of the individuals who do business under
the trade name). Additional Sheets may be attached as necessary.
A. The correct name of the Bidder is:
GEORGE'S WELDING SERVICES,INC.
B. The business is a:
❑ Sole Proprietorship
❑ Partnership
® Corporation
C. The address of principal place of business is:
11400 NW 134 Street,Miami,FL 33178
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D. The names of the corporate officers, or partners, or individuals doing business under a
trade name, are as follows:
0:112 gg
Jorge Amador,Sr. President
Jorge Amador,Jr. Vice President
Luz Amador Secretary Treasurer
BID NO:2014-149-SR CITYOF MIAMI BEACH
DUE DATE:FEB 13,2013 54
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E. List all organizations which were predecessors to-Bidder or in which the principals or
officers of the Bidder were principals or officers.
F. List and describe all bankruptcy petitions (voluntary or involuntary) which have been
filed by or against the Bidder, its parent or subsidiaries or predecessor organizations
during the past five (5) years. Include in the description the disposition of each such
petition.
G. List and describe all successful Performance or Payment Bond claims made to your
surety(ies) during the last five (5) years. The list and descriptions should include
claims against the bond of the Bidder and its predecessor organization(s).
H. List all claims, arbitrations, administrative hearings and lawsuits brought by or against
the Bidder or its predecessor organization(s) during the last five (5) years. The list
shall include all case names; case, arbitration or hearing identification numbers; the
name of the project over which the dispute arose; a description of the subject matter of
the dispute; and the final outcome of the claim.
BID NO:2014-149-SR CITYOF MIAMI BEACH M(ACAI BEACH
DUE DATE: FEB 18,2013 55
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1. :List and describe all criminal proceedings or hearings concerning business related
offenses in which the Bidder, its principals or officers or predecessor organization{s)
were defendants.
None
J. Has the Bidder, its principals, officers or predecessor organizations)-been debarred or
suspended from bidding by any government during the last five (5) years? If yes,
please provide details.
No
K. Under what conditions does the Bidder request Change Orders?
Owner/Architect Changes
L. Provide the names of all individuals or entities (including your sub-consultants) with a
controlling financial interest and the percentage of ownership. The term "controlling
financial interest" shall mean the ownership, directly or indirectly, of 10% or more of
the outstanding capital stock in any corporation or a direct or indirect interest of 10% or
more in a firm. The term "firm" shall mean any corporation, partnership, business trust
or any legal entity other than a natural person.
Jorge Amador,Sr.-50%and Luz Amador-50%
DID NO:2014-149-SR CITYOF MIAMI BEACH
DUE DATE:FEB 18, 2013 56
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11. Individuals -or entities (including our sub-consultants) with a controlling financial interest:
have have not contributed to the campaign-either directly or indirectly, of a
candidate who has been elected to the office of Mayor or City-Commissioner for the City_of
Miami Beach. Please provide the name(s) and date(s) of said contributions and to whom
said contribution was made.
I
12. Has the Corporation, Officers of the Corporation, Principal Stockholders, Principals of the
Partnership or Owner of Sole Proprietorship ever been indicted, debarred, disqualified or
suspended from performing work -for the Federal Government or any State or Local
Government or subdivision or agency thereof?
1:1 Yes El No
13.Are any indictments, debarments, disqualifications, or suspensions referenced on the
previous page current?
1:1 Yes El No
If the answer to either number 12 or 13 is yes, attach a written detailed explanation.
14. Is the business entity a Miami.Beach based Vendor?
1:1 Yes 0 N
If Yes, please submit a copy of a Business Tax Receipt issued by the City of Miami Beach,
or documentation to demonstrate that the headquarters is in the City of Miami Beach, or
documentation which proves that goods and/or contractual services are being produced or
performed, as appropriate, in the City of Miami Beach pursuant to City Code.
15. Is the business entity owned by a certified service-disabled veteran, and or a small business
owned and controlled by veterans, as defined on Section 502 of the Veteran Benefit Health,
and Information Technology Act of 2006, and cited in the Database of Veteran-owned
Business?
❑Yes ❑No
BID NO:2014-149-SR CITYOF MIAMI BEACH i AtIA;\.1 BEACH
DUE DATE: FEB 18,2013 57
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CONTRACTOR QUALIFICATION STATEMENT VALIDATION:
The undersigned certifies that the information provided in this questionnaire is correct and
accurate.
IF PARTNERSHIP:
Signature Print Name of firm
Print Name Address
Title:
IF CORPORATION:
GEORGE'S WELDING SERVICES,INC.
Signature ..... ......Print Name.of Corporation
Jorge.Amador 11400 NW 134 Street,Miami,FL 331.78
Print Name Address
Title:
President
WITNES
gna
ze, jez
Print Name
Title:
(CORPORATE SEAL)
�.f
Attest: . Secretary
ry
rr
BID NO:2014-149-SR CITYOF MIAMI BEACH ®_
DUE DATE:FEB 18,2013 58
SUPPLEMENT TO BID/TENDER FORM:
NON-COLLUSION CERTIFICATE
THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO BE DEEMED
RESPONSIBLE.
Submitted this day of , 20_.
The undersigned, as Bidder, declares that the only persons interested in this Bid are named
herein; that no other person has any interest in this Bid or in the Contract to which this Bid
pertains; that this Bid is made without connection or arrangement with any other person; and
that this-Bid is in every respect fair and made in good faith, without collusion or fraud.
The Bidder agrees if this Bid is accepted, to execute an appropriate City of Miami Beach
document for the purpose of establishing a formal contractual relationship between the Bidder
and the City of Miami Beach, Florida, for the performance of all requirements to which the Bid
pertains.
The Bidder states that this Bid is based upon the documents identified by the following number:
Bid No. 2014-095-SR.
SIGNATURE
PRINTED NAME
TITLE (IF CORPORATION)
BID NO: 2014-149-SR CITYOF MIAMI BEACH 19" +A,N%!` BEACH
DUE DATE: FEB 18,2013 59
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SUPPLEMENT TO BID/TENDER FORM:
DRUG FREE WORKPLACE CERTIFICATION
The undersigned Bidder hereby certified that it will provide a drug-free workplace program by:
(1) .Publishing a statement notifying its employees that the unlawful manufacture, distribution,
dispensing, possession, or -use of a controlled substance is prohibited in the offeror's
workplace, and specifying the actions that will be taken against employees for violations of
such prohibition;
(2) Establishing a continuing drug-free awareness program to inform its employees about:
.(i) The dangers of drug abuse in the workplace;
(ii) The Bidder's policy of maintaining a drug-free workplace;
(iii) Any available drug counseling, rehabilitation, and employee assistance programs;
and
(iv) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
(3) Giving all employees engaged in performance of the Contract a copy of the statement
required by subparagraph (1);
(4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a
condition of employment on a covered Contract, the employee shall:
(i) Abide by the terms of the statement; and
(ii) Notify the employer in writing of the employee's conviction under a criminal drug
statute for a violation occurring in the workplace no later than five (5) calendar days
after such conviction;
(5) Notifying the City in writing within ten (10) calendar days after receiving notice under
subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such
conviction. The notice shall include the position title of the employee;
(6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a
conviction, taking one of the following actions with respect to an employee who is convicted
of a drug abuse violation occurring in the workplace:
(i) Taking appropriate personnel action against such employee, up to and including
termination; or
-(ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a federal, state, or local health,
law enforcement, or other appropriate agency; and
(7) Making a good faith effort to maintain a drug-free workplace program through
implementation of subparagraphs(1) through (6).
BID NO:2014-149-SR CITYOF MIAMI BEACH .Jr °''BEACH
DUE DATE: FEB 19,2013 60
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SUPPLEMENT TO BID/TENDER FORM:
DRUG FREE WORKPLACE CERTIFICATION
(Bidder Signature)
(Print Vendor Name)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of ,
20 , by as
(name of person whose signature is being notarized)
.(title) of ,
(name of corporation/company)
known to me to be the person described herein, or who produced as
identification, and who did/did not take an oath.
NOTARY PUBLIC:
(Signature)
(Print Name)
My commission expires:
BID NO:2014-149-SR CITYOF MIAMI BEACH
tv'---JAhAd BEACH
DUE DATE: FEB 18,2013 61
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SUPPLEMENT TO BID TENDER FORM:
EQUAL BENEFITS ORDINANCE SUMMARY
The foregoing analysis provides a summary of the major points of the proposed Ordinance:
1) What is the intent of the Ordinance?
The proposed Ordinance will require certain contractors doing business with the City of
Miami Beach, who are awarded a contract pursuant to competitive bids, to provide
"Equal Benefits" to their employees with Domestic Partners, as they provide to
employees with spouses.
2) How are "Equal Benefits" defined and what kind of"Benefits" does the Ordinance
cover?
"Equal Benefits" means that contractors doing business with the City who are covered by
the Ordinance shall be required to provide the same type of benefits that they offer to
employees and their spouses, to employees with Domestic Partners.
The type of "Benefits" defined by the Ordinance and which may be offered by a
contractor include: sick leave, bereavement leave, family medical leave, and health
benefits.
The "Benefits" defined in the Ordinance are the same type of benefits that the City
provides to Domestic Partners of City employees, pursuant to Section 62-128 of the City
Code].
Notwithstanding the definition of "Benefits" in the Ordinance, to comply with the
Ordinance a Contractor is not required to provide all the above-described benefits.
Contractors are only required to offer the same type of Benefits they offer to their
employees with spouses, to employees with .Domestic Partners. Additionally, a
Contractor who offers no benefits to employees or-their spouses, would not be required
to offer any benefits to employees with Domestic Partners (and would still be in
compliance with the Ordinance).]
3) Who is considered a "Domestic Partner" under the Ordinance?
A "Domestic Partner" shall mean any two (2) adults of the same or different sex who
have registered as domestic partners with a government body pursuant to state or local
law authorizing such registration, or with an internal registry maintained by the employer
of at least one of the domestic partners.
4) What type of Contracts and/or which Contractors are covered by the Ordinance?
The Ordinance only applies to the following:
• Competitively bid City contracts.(bids, RFP's, RFQ's, RFLI's, etc.),
• Contracts valued at over$100,000,
• Contractors who maintain 51 or more full time employees on their payrolls during
20 or more calendar work weeks in either the current or the preceding calendar
year,
• Contractors covered -by the Ordinance are only required -to -comply as to
employees who-: 1) either work within the City limits of the-City of Miami Beach;
or 2.) the contractor's employees located in the United States, but outside of the
City limits, only if those employees are directly performing work on the City
contract (covered by the Ordinance).
BID ISO:2014-149-SR CITYOF MIAMI.BEACH iM1%.,Ad „xb? BEACH
DUE DATE: FEB 18,2013 62
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5) In what cases does the Ordinance not apply?
The provisions of the Ordinance do not apply where:
• The City contract has been has been entered into prior to the effective date of the
Ordinance (including renewal terms contained in such contracts);
• The City-contract is not competitively bid;
• The City contract is valued at less than $100,000;
• The contractor has less than 51 employees;
• The contractor does not provide Benefits either to employees' spouses or-to
employees' Domestic Partners;
• The contractor is a religious organization, association, society or any nonprofit
charitable or educational institution or organization operated, supervised or
controlled by or in conjunction with a religious organization, association or
society;
• The contractor is another government entity.
The following City contracts are not covered by the Ordinance:
• Contracts for sale or lease of City property;
• Development Agreements;
• Contracts/grants for CDBG, HOME, SHIP, and Surtax funds administered by the
City's Office of Community Development;
• Cultural Arts Council grants;
• Contracts for professional A/E, landscape A/E, or survey and mapping services
procured pursuant to Chapter 287.055, Florida Statutes ("The Consultants
Competitive Negotiation Act";
• Contracts for the procurement of life, health, accident, hospitalization, legal
expense, annuity insurance, -or any and all other kinds of insurance for the
officers and employees of the City and their dependents, from a group insurance
plan.
The Ordinance provides, upon written recommendation of the City Manager, that the
City Commission may, by 5/7ths vote, waive application of the Ordinance for the
following:
• Emergency contracts;
• Contracts where only one bid response is received;
• Contracts where more than one bid response is received, but none of the bidders
can comply with the requirements of the Ordinance.
The City's ability to apply the Ordinance may also be preempted in instances where the
Ordinance impacts health, retirement, or pension program which fall within the
jurisdiction of the Employee Retirement Income Security Act (ERISA), and may under
certain circumstances be held invalid under Federal preemption.
6) How is the Ordinance enforced by the City?
• City contracts that are covered by the Ordinance shall notify potential
bidders/proposers of the Ordinance and its requirements in the ITB documents;
• At the time of entering into the contract with the City, the proposed City
contractor shall certify to the City that it intends to provide Equal Benefits, along
BID NO:2014-149-SR CITYOF MIAMI BEACH r°s tl },bit.;B EAC g
DUE DATE: FEB 18,2013 63
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with the description of its employee benefits plan, which needs to be delivered to _
the-Procurement Director prior to-entering into the contract;
• The City has the ongoing right to investigate/audit contracts for compliance with
the_provisions of the Ordinance;
• The contractor is required to post notice to its employees at its.place of business
that it provides Equal Benefits.
7) Is there another way for a Contractor who does not provide Equal Benefits to
comply with the Ordinance?
If a contractor covered by the Ordinance has made a reasonable yet.unsuccessful effort
to provide Equal Benefits, it can still comply with the Ordinance by providing an
employee with the "Cash Equivalent" of the similar benefit(s) offered to the contractor's
employees and their spouses.
.8) What are the penalties for non compliance?
Failure of a contractor to comply with the requirements of the Ordinance may result in
the following:
■ Breach/default under the contract;
® Termination of the contract;
® Monies due under the contract may be retained by the City until compliance is
achieved;
■ Debarment of contractors from City work, as prescribed by the City Code.
Balance of Page Intentionally Left Blank
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.BID NO:2014-149-SR CITYOF MIAMI BEACH rA(M/0BEACH
DUE DATE:FEB 18,2013 64
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MIAMI, BEACH
NONDISCRIMINATION IN CONTRACTS AND BENEFITS
Section 1.Vendor Information
Name of Company:
Name of Company Contact Person:
Phone Number: Fax Number: E-mail:
Vendor Number(if known): Federal ID or Social Security Number:
Approximate Number of Employees in the U.S.: (If 50 or less,skip to Section 4,date and sign)
Are any of your employees covered by a collective bargaining agreement or union trust fund? Yes No
Union name(s):
Section 2.Compliance Questions
Question 1. Nondiscrimination-Protected Classes
A. Does your company agree to not discriminate against your employees, applicants for employment,
employees of the City, or members of the public on the basis of the fact or perception of a person's
membership in the categories listed below?
Please note: a "YES" answer means your company agrees it will not discriminate; a "NO" answer
means your company refuses to agree that it will not discriminate. Please answer yes or no to each
category.
❑Race _Yes_No ❑Sex _Yes_No
❑Color _Yes_No ❑Sexual Orientation _Yes_No
❑Creed _Yes_No ❑Gender Identity(transgender status) _Yes_No
❑Religion _Yes_No ❑Domestic partner status _Yes_No
❑National origin _Yes_No ❑Marital status _Yes_No
❑Ancestry _Yes_No ❑Disability _Yes_No
❑Age _Yes_No ❑AIDS/HIV status _Yes_No
❑Height _Yes_No ❑Weight _Yes_No
B. Does your company agree to insert a similar nondiscrimination provision in any subcontract you enter
into for the performance of a substantial portion of the contract you have with the City?
Please note:you must answer this question, even if you do not intend to enter into any subcontracts.
Yes No
BID NO:2014-149-SR CITYOF MIAMI BEACH r°rA.i ;'`:"; AH
DUE-DATE: FEB 18,2013 65
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Question-2.-Nondiscrimination-Equal Benefits for Employees with-Spouses and Employees with Domestic Partners.
When awarding com-petitively solicited contracts valued at over $1-00,000 whose contractors
maintain 51 or more full time -employees on their payrolls during 20 or more calendar work
weeks, the =Equal Benefits for Domestic Partners Ordinance 20053494 requires certain
contractors doing business with the-City of Miami Beach, who are awarded a contract pursuant
to competitive bids, to provide "Equal Benefits 99 to their employees with domestic partners, as
they .provide to employees with spouses. The Ordinance applies to all employees of a
Contractor who work within the City limits of the City of Miami -Beach, Florida; and the
Contractor's -employees located in the United States, but outside of the City of Miami Beach
limits, who are directly performing work on the contract within the City of Miami Beach.
A. Does your company provide or offer access to any benefits"to employees with spouses or
to spouses of employees?
0 YES 0 NO
B. Does your company provide or offer access to any benefits to employees with (same or
opposite sex) domestic partners*or to domestic partners of employees?
0
YES NO
C. Please check all benefits that apply to your answers above and list in the "other" section any
additional benefits not already specified. Note: some benefits are provided to employees
because they have a spouse or domestic partner, such as bereavement leave; other benefits
are provided directly to the spouse or domestic partner, such as medical insurance.
BENEFIT Firm Provides Firm Provides Firm does not
for Employees for Employees Provide Benefit
with Spouses with Domestic
Partners
Health
Sick Leave
Family Medical
Leave
Bereavement
Leave
If Proposer cannot offer a benefit to domestic partners because of reasons outside your control,
(e.g., there are no insurance providers in your area willing to offer domestic partner coverage)
you may be eligible for Reasonable Measures compliance. To comply on this basis, you must
agree to pay a cash equivalent and submit a completed Reasonable Measures Application
(attached) with all necessary documentation. Your Reasonable Measures Application will be
reviewed -for consideration by the -City Manager, or his designee. Approval is not guaranteed
and the City Manager's decision is final. Further information on the Equal Benefits requirement
is available at: www.miamibeachfl.gov/procurement/
BID NO:2014-149-SR CITYOF MIAMI BEACH
DUE.DATE: FEB 18,2013 66
Section 3. Required Documentation
YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked in Question 2C. Without
proper documentation,your company cannot be certified as complying with the City's Equal Benefits Requirement for
Domestic Partner Ordinance. For example, to document medical insurance submit a statement from your insurance
provider or a copy of the eligibility section of your plan document;to document leave programs,submit a copy of your
company's employee handbook. If documentation for a particular benefit does not exist, attach an explanation.
Have you submitted supporting documentation for each benefit offered? _Yes_No
Section 4. Executing the Document
I declare under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct,
and that l am authorized to bind this entity contractually.
Executed this day of ,in the year ,at
Signature Mailing Address
Name of Signatory City,State,Zip Code
Title
-BID NO:2014-149-SR CITYOF MIAMI BEACH t dam;\/d BEACH
DUE DATE: FEB 18,2013 67
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MIA/01BEACH
REASONABLE MEASURES APPLICATION
-Declaration: Nondiscrimination in-Contracts and Benefits
Submit this form and supporting documentation to the City's Department of Procurement Management
ONLY IF you:
A. Have taken all reasonable measures to end discrimination in benefits;
B: Are unable to do so; and
C. Intend to offer a cash equivalent to employees for whom equal benefits are not available.
You must submit the following information with this form:
2. The names, contact persons and telephone numbers of benefits providers contacted for the
purpose of acquiring nondiscriminatory benefits;
3. The dates on which such benefits providers were contacted.;
4. Copies of any written.responses)you received from such benefits providers, and if written
responses are unavailable, summaries of oral.responses;and
5. Any other information you feel is relevant-to documenting your inability to end discrimination
in benefits, including, but not limited to,, reference to federal or state laws which preclude the
ending of discrimination in benefits.
I declare (or certify) under penalty of perjury under the laws of the State of Florida that the
foregoing is-true and correct, and that I am authorized to bind this.entity contractually.
GEORGE'S WELDING:SERVICES,INC 11400 NW 134 Street
Name of Company(please print) Mailing Address of Company
Miami,FL 33178
Signatu -City,State,Zip
Jorge Amador (305)822-2445
Name of Signatory(please print) Telephone Number
President 02/1812014
Title Date
BID NO:2014-149-SR CITYOF MIAMI BEACH
DUE DATE: FEB 18,2013 68
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Definition of Terms
A. Reasonable Measures
The City of Miami Beach will determine whether a City Contractor has taken all reasonable measures
provided by the City-Contractor that demonstrates that it is not possible for the City Contractor to end
discrimination in benefits. A determination that it is not possible for the City Contractor to end
discrimination in benefits shall be based upon a consideration of such factors as:
1. The number of benefits providers identified and contacted, in writing, by the City Contractor,
and written documentation from these providers that they will not provide equal benefits;
2. The existence-of-benefits providers willing to offer equal benefits to the City Contractor;and
3. The existence of federal or state laws which preclude the City Contractor from ending
discrimination in benefits.
B. Cash Equivalent
"Cash Equivalent" means the amount of money paid to an employee with a Domestic Partner(or spouse,
if applicable) in lieu of providing Benefits to the employees' Domestic partner (or spouse, if applicable).
The Cash Equivalent is equal to the employer's direct expense of providing Benefits to an employee for
his or her spouse.
Cash Equivalent. The cash equivalent of the following benefits apply:
A. For bereavement leave cash P a Y Y ment for the number of days that would be allowed as paid
time off for death of a spouse. Cash payment would be in the form of wages of the domestic
partner employee for the number of days allowed.
B. For health benefits, the cost to the Contractor of the Contractor's share of the single monthly
premiums that are being paid for the domestic partner employee, to be paid on a regular basis
while the domestic partner employee maintains the such insurance in force for himself or
herself.
C. For family medical leave, cash payments for the number of days that would be allowed as
time off for an employee to care for a spouse that has a serious health condition. Cash
payment would be in the form of wages of the domestic partner employee for the number of
days allowed.
BID NO:2014-149-SR CITYOF MIAMI BEACH NA{.;�AAJIBEACH
DUE�DATE: FEB 18,2013 69
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OP MIAMIBEACH
SUBSTANTIAL COMPLIANCE AUTHORIZATION FORM
-Declaration: Nondiscrimination in-Contracts and Benefits
This form, and supporting -documentation, must be submitted to the Department of Procurement
Management by entities seeking to contract with the City of Miami Beach that wish to delay
ending their discrimination in benefits pursuant to the Rules of Procedure, as set out
below.
Fill out all sections that apply. Attach additional sheets as necessary.
A. Open-Enrollment
Ending discrimination in benefits may be delayed until the first effective date after the first open
enrollment process following the date the contract with the City begins, provided that the City Contractor
submits to the Department of Procurement Management evidence that reasonable efforts are being
undertaken to end discrimination in benefits. This delay may not exceed two years from the date the
contract with the City is entered into, and only applies to benefits for which an open enrollment process is
applicable.
Date next benefits plan year begins:
01/01/2014
Date nondiscriminatory benefits will be available:
01/01/2014
Reason for Delay:
N/A
Description of efforts being undertaken to end discrimination in benefits:
N/A
BID NO:2014-149-SR CITYOF MIAMI BEACH
DUE DATE:FEB 18,2013 70
B. Administrative Actions and Request for Extension =6
Ending-discrimination in benefits may be delayed to allow administrative steps to be taken to incorporate
nondiscriminatory benefits into the City -Contractor's infrastructure. The time allotted for these
administrative steps shall apply only to those benefits for which administrative steps are necessary and
may not exceed three months. An extension of this time may be granted at the discretion of the
Procurement Director, upon the written request of the City Contractor. Administrative steps may include,
but are not limited to, such actions as computer systems modifications, personnel policy revisions, and
the development and distribution of-employee communications.
Description of administrative steps and dates to be achieved:
If requesting extension beyond three months, please explain basis:
C. Collective Bargaining Agreements(CBA)
Ending discrimination in benefits may be delayed until the expiration of a City Contractor's Current
collective bargaining agreement(s)where all of the following conditions have been met:
1. The provision of benefits is governed by one or more collective bargaining agreement(s);
2. The City Contractor takes all reasonable measures to end discrimination in benefits either by
requesting that the Unions involved agree to reopen the agreements in order for the City
Contractor to take whatever steps necessary to end discrimination in benefits or by ending
discrimination in benefits without reopening the collective bargaining agreements; and
3. In the event that the City Contractor cannot end discrimination in benefits despite taking all
reasonable measures to do so, the City Contractor provides a cash equivalent to eligible
employees for whom benefits are not available. Unless otherwise authorized in writing by the
Procurement Director, this cash equivalent payment must begin at the time the Unions refuse to
allow the collective bargaining agreements to be reopened, or in any case no longer than three
(3)months from the date the-contract with the City is entered into.
For delay to be granted under this provision, written proof must be submitted with this form that:
i The benefits for which the delay is requested are governed by a collective bargaining agreement;
® All reasonable measures have been taken to end discrimination in benefits (see Section C.2,
above); and
O A cash equivalent payment will be provided to eligible employees for whom benefits are not
available.
BID NO:2014-149-SR CITYOF MIAMI BEACH Od i;Z/`, BEACH
DUE DATE:FEB 18,2013 71
A®6 i
I declare or certify) under penalty of the
y) p y perjury under the laws of the State of Florida that �.he
foregoing is true and correct, and that I am authorized to bind this entity contractually.
GEORGE'S WELDING SERVICES,INC. 11400 NW 134 Street
Name of Company(please print) Mailing Address of Company
ezi4 C Miami,FL 33178
Signature City, State,Zip
Jorge Amador (305)822-2445
Name of Signatory(please print) Telephone Number
President 02/18/2014
Title Date
BID N6:2014-149.SR CITYOF MIAMI!BEACH �
DUE DATE:FEB 18,2013 72
®7 .
SUPPLEMENT TO BID/TENDER-FORM:
TRENCH SAFETY ACT
IF APPLICABLE, THIS FORM MUST BE SUBMITTED WITH BID FOR BID TO BE.DEEMED
RESPONSIVE. (SEE SECTION 00407)
On October 1, 1990 House Bill 3181 known as the Trench Safety Act became law. This
incorporates the Occupational Safety &-Health Administration°(OSHA) revised excavation safety
standards, citation 29 CFR.S.1926.-650, as Florida's own standards.
The Bidder, by virtue of the signature below, affirms that the Bidder is aware of this Act, and will
comply with all applicable trench safety standards. Such assurance shall be legally binding-on
all persons employed by the Bidder and subcontractors.
The Bidder is also obligated to identify the anticipated method and-cost of compliance with the
applicable trench safety standards.
BIDDER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE.BID AND IN
THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH
SAFETY ACT. THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING
TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED
WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL
WORK.
The-Bidder further identified the costs and methods summarized below:
Quantity Unit
Description Unit Price Price Extended Method
Total $
Name of Bidder
Authorized Signature of.Bidder
BID NO:2014-149-SR CITYOF MIAMI BEACH
DUE DATE: FEB 18,2013 73
A®7
CONSIDERATION FOR INDEMNIFICATION OF CITY
-Consideration for Indemnification of City $25.00
® Cost for compliance to all Federal and State requirements of the Trench Safety Act*
[NOTE: If the box above is checked, the Bidder must fill out the foregoing Trench
Safety Act Form (Attachment A-7) in order to be considered responsive.]
BID NO:2014-149-SR CITYOF MIAMI BEACH 49 �R�`tIANA BEACH
'DUE DATE: FEB 18,2013 74
A-8
RECYCLED CONTENT INFORMATION
In support of the Florida Waste Management Law, Bidders are encouraged to supply with their
bid, any information available regarding recycled material content in the products bid. The City
is particularly interested in the type of recycled material used (such as paper, plastic, glass,
metal, etc.); and the percentage of recycled material contained in the product. The City also
requests information regarding any known or potential material content in the product that may
be extracted and recycled after the product has served its intended purpose.
BID NO:2014-149-SR CITYOF MIAMI BEACH i 1AJV= BEACH
DUE DATE: FEB 18,2013 75
I X
A P N uw
List of Plans and Specifications
MIAMI BEACH.
BID NO:2014-149-SR CITYOF MIAMI BEACH MIA,` BEACH
DUE DATE: FEB 18,2013 76
LIST OF PLANS&SPECIFICATIONS
CONTRACT DOCUMENTS AS DEVELOPED BY PBS&J
Sheet
Line No./ Revision/Date Title/Description
Spec. No.
ARCHITECTURAL/CIVIL PLANS -
1 A8.3 0/11-18-2013 First Floor Terrace Steps Railings
SPECIFICATIONS
2 05521 N/A PIPE AND TUBE RAILINGS
6 01010 N/A SUMMARY OF WORK
7 02010 N/A EXISTING SUBSURFACE CONDITIONS
8 03100 N/A CONCRETE FORMWORK
BID NO:2014-149-SR CITYOF MIAMI BEACH IM WAMBEACH
DUE DATE:FEB 18,2013 77
A NDIX C
Required Forms for Bid Submittal
Note:Attachments below only apply if the adjacent box is checked)
R ATTACHMENT C-1: Bid Guaranty Form; Unconditional Letter Of Credit
❑ ATTACHMENT C-2o Statement Of Compliance: Prevailing Wage Rate Ordinance
❑ ATTACHMENT C-3: Statement Of Compliance: Davis Bacon Wages
MIAMIBEACH
BID NO: 2014-149-SR CITYOF MIAMI BEACH m ;ht(,I f,,f it BEACH:
DUE DATE: FEB 18,2013 78
C-1
® BID GUARANTY FORM UNCONDITIONAL LETTER OF-CRIEDIT
Date of Issue
Issuing Bank's No.
Beneficiary: Applicant:
City of Miami Beach Amount:
1700 Convention-Center Drive in United States Funds
Miami Beach, Florida 33139 Expiring:
Date
Bid/Contract Number
We hereby authorize you to draw on
(Bank, Issuer name)
at by order of and for the account
(branch address)
of
(contractor, applicant, customer)
up to an aggregate amount, in United States Funds, of available
by your drafts at sight, accompanied by:
A signed statement from the-City Manager of the City of Miami Beach, or his authorized
representative, that the drawing is due to default in performance of obligations on the
part of
agreed upon by and
(contractor, applicant, customer)
between City of Miami Beach, Florida and
(contractor, applicant, customer)
pursuant to the Bid/Contract No. for
(name of project)
Drafts must be-drawn and negotiated not later than
(expiration date)
Drafts must bear the clause: "Drawn under Letter of Credit No. of
dated
-(Bank name)
This Letter of Credit sets forth in full terms of our undertaking, and such undertaking shall not in
any way be modified, amended, or amplified by reference to any documents, instrument, or
agreement referred to herein or to which this .Letter of Credit is referred or this Letter of Credit
relates, and any such reference shall not-be deemed to incorporate herein by reference any
document, instrument, or agreement.
BID NO:2014-149-SR CITYOF MIAMI BEACH r%J,&,,\Ad BEACH
DUE DATE: FEB 18,2013 79
C®
We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under
and in compliance with -the terms of this Letter of Credit that such drafts will be duly honored
upon presentation to the drawee.
The execution of the Contract and the submission of the required Performance and Payment
Guaranty and Insurance Certificate by the shall be a release
-of all obligations. (contractor, applicant, customer)
This Letter of Credit is subject to the "Uniform Customs and Practice for Documentary Credits,"
International Chamber of Commerce (1993 revision), Publication No.-500 and to the provisions
of Florida law. If a conflict between the Uniform Customs and Practice for-Documentary Credits
and Florida law should arise,Florida law shall prevail. If a conflict between the law of another
state or country and Florida la-+w should arise, Florida law shall prevail.
Authorized Signature
BID NO:2014-149-SR CITYOF MIAMI BEACH i%AdA;M BEACH
DUE DATE: FEB 13,2013 80
C®2
❑ STATEMENT OF COMPLIANCE-
PREVAILING WAGE RATE ORDINANCE NO. 94-2960
No.
Contract 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. 942960 and the applicable conditions of the Contract.
Dated , 20
(Contractor)
By:
(Signature)
By:
(Print Name and Title)
STATE OF )
SS
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 20_, by who is
personally known to me or who has produced as
identification and who did/did not take an oath.
WITNESS my hand and official seal, this day of , 20_.
(NOTARY SEAL)
(Signature of person taking acknowledgment)
(Name of officer taking acknowledgment)
(typed, printed or stamped)
(Title or rank)
(Serial number, if any)
My commission expires:
BID NO:2014-149-SR CITYOF MIAMI BEACH r;' BEAC
DUE DATE: FEB 18,2013 81
i
i
C®3
❑ STATEMENT OF COMPLIANCE:
DAVIS BACON ACT
No.
-Contract 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 the Davis Bacon Act
and the applicable conditions of the Contract.
Dated , 20
Contractor
By:
(Signature)
By:
(Print Name and Title)
STATE F
O )
SS
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
9 9 9 Y
, 20_, by who is
personally known to me or who has produced as
identification and who did/did not take an oath.
WITNESS my hand and official seal, this day of , 20_.
(NOTARY SEAL)
(Signature of person taking acknowledgment)
(Name of officer taking acknowledgment)
(typed, printed or stamped)
(Title or rank)
(Serial number, if any)
My commission expires:
BID NO:2014-149-SR CITYOF MIAMI BEACH BEACH
DUE DATE:"FEB 18,2013 82
AP NDIX D
- Required Forms (Post-Award)
ATTACHMENT D-1: Form of Performance Bond
ATTACHMENT D-2: Form of Payment Bond
ATTACHMENT D-3: Certificate of Corporate Principle
ATTACHMENT D-4: Performance and Payment Guaranty Form: Unconditional Letter of Credit
ATTACHMENT D-5: Certificate of Substantial Completion
ATTACHMENT D-6: Final Certificate of Payment
ATTACHMENT D-7: Form of Final Receipt
.................
M[Am .
E CH
BID NO:2014-149-SR CITYOF MIAMI BEACH � 1,r,j.�;��€", QE CH
DUE DATE: FEB 18,2013 83
D-1
FORM OF PERFORMANCE BOND
BY THIS BOND, We as Principal,
hereinafter called Contractor , and , as Surety, are bound
to the City of Miami Beach, Florida, as Obligee, hereinafter .called City, in the amount of
Dollars ($ ) for the payment whereof-Contractor
and Surety bind themselves, their heirs, executors, administrators, successors and assigns,
jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract
No.: , awarded the day of , 20 , with City
which Contract Documents are by reference incorporated herein and made a part hereof, and
specifically include provision for liquidated damages, and other damages identified, and for the
purposes of this Bond are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if Contractor:
1. Performs the , Contract between Contractor and City for construction of
, the Contract being made a
part of this Bond by reference, at the times and in the manner prescribed in the Contract;
and
2. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including
appellate proceedings, that City sustains as a result of default by Contractor under the
Contract; and
3. Performs the guarantee of all work and materials furnished under the Contract for the
time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN
FULL FORCE AND EFFECT.
Whenever Contractor shall be, and declared by City to be, in default under the Contract,
City having performed City obligations thereunder, the Surety may promptly remedy the
default, or shall promptly:
3.1. Complete the Project in accordance with the terms and conditions of the
Contract Documents; or
3.2. -Obtain a bid or bids for completing the Project in accordance with the terms
and conditions of the Contract Documents, and upon determination by Surety
of the lowest responsible Bidder, or, if City elects, upon determination by City
and Surety jointly of -the lowest responsible Bidder, arrange for a contract
between such Bidder and City, and make available as work progresses (even
though there should be a default or a succession of defaults under the Contract
BID NO:2014-149-SR CITYOF MIAMI BEACH ",,'IAN!?.BAC
DUE DATE:FEB 18,2013 84
FORM OF PERFORMANCE BOND (Continued)
or Contracts of completion arranged under this paragraph) sufficient funds to
pay the cost of completion less the balance of the Contract Price; but not
exceeding, including other costs and damages for which the Surety may be
liable hereunder, the amount set forth in the first paragraph hereof. The term
"balance of the Contract Price," as used in this paragraph, shall mean the total
amount payable by City to Contractor under the Contract and any amendments
thereto, less the amount properly paid by City to Contractor.
No right of action shall accrue on this bond to or for the use of any person or corporation
other than=City named herein.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities connected
with the Contract or the changes does not affect Surety's obligation under this Bond.
Signed and sealed this day of , 20
WITNESSES:
(Name of Corporation)
Secretary By:
(Signature)
(CORPORATE SEAL)
(Print Name and Title)
IN THE PRESENCE OF: INSURANCE COMPANY:
By:
Agent and Attorney-in-Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
BID NO:2014-149-SR CITYOF MIAMI BEACH t" ;1AJ\A BEAC
DUE DATE: FEB 18,2013 85
D-2
FORM OF PAYMENT BOND
BY THIS BOND, We as Principal,-
hereinafter called Contractor , and , as Surety,.are bound
to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of
Dollars ($ ) for the payment -whereof
Contractor and Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract
No.: , .awarded the day of , 20 , with City
which Contract Documents are by reference incorporated herein and made a part hereof, and
specifically include provision for liquidated damages, and other damages identified, and for the
purposes of this Bond are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if Contractor:
1. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including
appellate proceedings, that City sustains because of default by Contractor under the
-Contract; and
2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1)for all
labor, materials and supplies used directly or indirectly by Contractor in the performance
of the Contract;
THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL
REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE
FOLLOWING CONDITIONS:
2.1. A claimant, except a laborer, who is not in privity with Contractor and who has
not received payment for its labor, materials, or supplies shall, within forty-five
(45) days after beginning to furnish labor, materials, or supplies for the
prosecution of the work, furnish to Contractor a notice that he intends to look
to the bond for protection.
2.2. A claimant who is not in privity with Contractor and who has not received
payment for its labor, materials, or supplies shall, within ninety (90) days after
performance of the labor or after complete delivery of the materials or supplies,
deliver to Contractor and to the Surety, written notice of the performance of the
labor or delivery of the materials or supplies and of the nonpayment.
2.3. No action for the labor, materials, or supplies may be instituted against
Contractor or the Surety unless the notices stated under the preceding
conditions-(2.1) and (2.2) have been given.
BID NO:2014-149-SR CITYOF MIAMI BEACH t,11A.A" BL C
DUE DATE: FEB 18,2013 86
D®2
2.4. Any action under this Bond must be instituted in accordance with the Notice
and Time Limitations provisions prescribed in Section 255:05(2), Florida
Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and-compliance or noncompliance with any formalities connected
with the Contract or the changes does not affect the Surety's obligation under this.Bond.
Signed and sealed this day of , 20
Contractor
ATTEST:
(Name of Corporation)
By:
(Secretary) (Signature)
(Corporate Seal) (Print Name and Title)
day of , 20
IN THE PRESENCE OF: INSURANCE COMPANY:
By:
Agent and Attorney-in-Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
BID NO:2014-149-SR CITYOF MIAMI BEACH ;",y tl f, r'i_ BA
DUE DATE:.FEB 18,2013 87
D®3
CERTIFICATE AS TO CORPORATE PRINCIPAL
certify-that I am the Secretary of
the corporation named as Principal in the foregoing Performance and Payment Bond
(Performance Bond and Payment Bond); that , who signed the
Bond(s) on behalf of the Principal, was then of said corporation; that I know
his/her-signature; and his/her signature thereto is genuine; and that.said Bond(s) was (were)
duly signed, sealed and attested to on behalf of said corporation -by authority of its governing
body.
(SEAL)
Secretary (on behalf of)
Corporation
STATE OF FLORIDA )
SS
COUNTY OF MIAMI-DADE )
Before me, a Notary Public duly commissioned, qualified and acting personally,
appeared to me well known, who being by me
first duly sworn upon oath says that he/she has been authorized to execute the foregoing
Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of
Contractor named therein in favor of City.
Subscribed and Sworn to before me this day of
20
My commission expires:
Notary Public, State of Florida at Large
Bonded by
BID NO:2014-149-SR CITYOF MIAMI BEACH P%,,i r'-;'`'AJ BEACH
DUE DATE: FEB 18,2013 88
D°4
PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL LETTER OF CREDIT:
Date of Issue
Issuing Bank's No.
Beneficiary: Applicant:
City of Miami Beach Amount:
1700 Convention-Center Drive in United States Funds
Miami Beach, Florida 33139
Expiry:
(Date)
Bid/Contract Number
We hereby authorize you to draw on
(Bank, Issuer name)
at by order
(branch address)
of and for the account of
(contractor, applicant, customer)
up to an aggregate amount, in United States Funds, of available by your
drafts at sight, accompanied by:
1. A signed statement from the City Manager or his authorized designee, that the drawing
is due to default in performance of certain obligations on the part
(contractor, applicant, customer) agreed upon by and between the City of Miami Beach,
Florida and (contractor), pursuant to the
(applicant, customer) Bid/Contract No. for (name of project)
and Section 255.05, Florida Statutes.
Drafts must be drawn and negotiated not later than
(expiration date)
Drafts must bear the clause: "Drawn under Letter of Credit No.
(Number), of (Bank name)dated
This Letter of Credit shall be renewed for successive periods of one (1) year each unless we
provide the City of Miami Beach with written notice of our intent to terminate the credit herein
extended, which notice must be provided at least thirty (30) days prior to the expiration date of
the original term hereof or any renewed one (1) year term. Notification to the City that this
Letter of Credit will expire prior to performance of the contractor's obligations will be deemed a
default.
This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall
not in any way be modified, or amplified by reference to any documents, instrument, or
BID NO: 2014-149-SR CITYOF MIAMI BEACH MIA-%Ati BEACH
DUE DATE: FEB 18,2013 89
D®4
agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit
relates, and any such reference shall not be deemed to incorporate herein by reference any
.document, instrument, or agreement.
We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under
and in compliance with the terms of this credit that such drafts will be duly honored upon
presentation to the drawee.
Obligations under this Letter of Credit shall-be released one (1) year after the Final Completion
of the Project by the
(contractor, applicant, customer)
This Credit is subject to the "Uniform Customs and Practice for Documentary Credits,"
International Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions
of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits
and Florida law should arise, Florida law shall prevail. If a conflict between the law of another
state or country and Florida law should arise, Florida law shall prevail.
Authorized Signature
BID NO:2014-149-SR CITYOF MIAMI BEACH ' BAf
DUE DATE:FEB 18,2013 90
i
r
D-5
CERTIFICATE OF SUBSTANTIAL COMPLETION:
PROJECT: Consultant:
(name, address)
BID/CONTRACT NUMB.E-R:
TO (City): Contractor
CONTRACT FOR:
NOTICE TO PROCEED DATE:
DATE OF ISSUANCE:
PROJECT OR DESIGNATED PORTION SHALL INCLUDE:
The Work performed under this Contract has been reviewed and found to be
substantially complete and all documents required to be submitted by Contractor under
the Contract Documents have been received and accepted. The Date of Substantial
Completion of the Project or portion thereof designated above is hereby established as
which is also the date of commencement of applicable warranties required by the
-Contract'Documents, except as stated below.
DEFINITION OF DATE OF SUBSTANTIAL COMPLETION
The Date of Substantial Completion of the Work or portion
thereof designated by City is the date certified by Consultant
when all conditions and requirements of permits and
regulatory agencies have been satisfied and the Work, is
sufficiently complete in accordance with the Contract
Documents, so the Project is available for beneficial
occupancy by City. A Certificate of Occupancy must be
issued for Substantial Completion to be achieved, however,
the issuance of a Certificate of Occupancy or the date
thereof are not to be determinative of the achievement or
date of Substantial Completion.
A list of items to be -completed or corrected, prepared by Consultant and approved by
City, is attached hereto. The failure to include any items on such list does not alter the
responsibility of Contractor to complete all work in accordance with the Contract
Documents. The date of commencement of warranties for items on the attached list will
be the date of final payment unless otherwise agreed in writing.
BID NO:2014-149-SR CITYOF MIAMI BEACH
DUE DATE: FEB 18,2013 91
D®5
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
T r for maintenance, heat utilities
The responsibilities of City and Cont actor o security, mainte a ,
damage to the work and insurance shall be as follows:
BID NO:2014-149-SR CITYOF MIAMI BEACH (}:,,%.".`BF,4,C!-
DUE DATE: FEB 18,2013 92
D®6
FINAL CERTIFICATE OF PAYMENT:
PROJECT: Consultant:
(name, address)
BID/CONTRACT NUMBER:
TO (City): Contractor:
CONTRACT FOR:
NOTICE TO PROCEED DATE:
DATE OF ISSUANCE:
All conditions or requirements of any permits or regulatory agencies have been
satisfied. The documents required by Section 5.2 of the Contract, and the final bill of
materials, if required, have been received and accepted. The Work required by the
Contract Documents has been reviewed and the undersigned certifies that the Work,
including minor corrective work, has been completed in accordance with the provision of
the Contract Documents and is accepted under the terms and conditions thereof.
Consultant BY DATE
City, through the Contract Administrator, accepts the work as fully complete and will
assume full possession thereof at
(time)
(date)
City of Miami Beach, Florida
By Contract Administrator Date
BID NO:2014-149-SR CITYOF MIAMI BEACH ",v'k1 A BEACH
DUE DATE: FEB 18,2013 93
D®7
FORM OF FINAL RECEIPT:
[The following form will be used to show receipt of final payment for this Contract.]
FINAL RECEIPT FOR CONTRACT NO.
Received this day of , 20 , from City-of
Miami Beach, Florida, the sum of Dollars
($ ) as full and final payment to Contractor for all work and materials for the
Project described as:
This sum includes full and final payment for all extra work and material and-all incidentals.
Contractor hereby indemnifies and releases City from all liens and claims whatsoever
arising out of the Contract and Project.
Contractor hereby certifies that all persons doing work upon or furnishing materials or
supplies for the Project have been paid in full. In lieu of this certification regarding payment for
work, materials and supplies, Contractor may submit a consent of surety to final payment in a
form satisfactory to City.
Contractor further certifies that all taxes imposed by Chapter 212, Florida Statutes
(Sales and Use Tax Act), as amended, have been paid and discharged.
[If incorporated sign below.]
Contractor
ATTEST:
(Name of Corporation)
By:
(Secretary) (Signature)
(Corporate Seal) (Print Name and Title)
day of 20 [If not
incorporated sign below.]
Contractor
WITNESSES:
(Name of Firm)
By:
(Signature)
(Print Name and Title)
day of , 20
BID NO:2014-149-SR CITYOF MIAMI BEACH � a"r;1AM B EAC¢-
DUE DATE: FEB 18,2013 94
Nu") I A'
Sample Contract
MIAMIBEACH
BID NO:2014-149-SR CITYOF MIAMI BEACH N1 slAM.1 BEACH
DUE DATE: FEB 18,2013 95
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 GEORGE'S WELDING SERVICES,
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 one hundred and twenty (120) 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 and four hundred dollars ($1,400.00) 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
BID NO: 173-2013TC
® , �;�M,I BEACH
DATE: June 17,2013
CITYOF MIAMI-BEACH
96
i
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 and four hundred dollars ($1,400.00) 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
[ ] 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.
BID NO: 2014149-SR CITYOF MIAMI BEACH
DUE DATE: FEB 18, 2013 97
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 (1.0%) 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.
BID NO: 2014-149-SR CITYOF MIAMI BEACH
DUE DATE: FEB 18, 2013 98
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-built drawings; and the final
bill of materials, if required, and invoice.
5.3 If, after the Work has been substantially completed, full completion thereof is materially
delayed through no fault of Contractor , and Consultant so certifies, City shall, upon
certificate of Consultant, and without terminating the Contract, make payment of the
balance due for that portion of the Work fully completed and accepted. Such payment
shall be made under the terms and conditions governing final payment, except that it
shall not constitute a waiver of claims.
5.4 Final payment shall be made only after the City Manager or his designee has reviewed a
written evaluation of the performance of Contractor prepared by the Contract
Administrator, and approved the final payment. The acceptance of final payment shall
constitute a waiver of all claims -by ,Contractor, except those previously made in strict
accordance with the provisions of the General Conditions and identified by Contractor as
unsettled at the time of the application for final payment.
ARTICLE 6
MISCELLANEOUS
6.1 This Contract is part of, and incorporated in, the Contract Documents as defined herein.
Accordingly, all of the documents incorporated by the Contract Documents shall govern
this Project.
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.
BID NO: 2014-149-SR CITYOF MIAMI BEACH
DUE DATE: FEB 18, 2013 99
B.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 City:
Department of Procurement Management
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Alex Denis, Procurement Director
BID NO: 2014-149-SR CITYOF MIAMI BEACH
DUE DATE: FEB 18,2013 100
With copies too
City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
For Contractor:
George's Welding Services, Inc.
1140 N.W. 134th Street
Miami, Florida 33178
Phone: 305-822-2445
Fax: 305-822-5298
6.7 Assignment 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 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.
6.9 Severance
In the event a portion of this Contract is found by a court of competent jurisdiction to be
invalid, the remaining provisions shall continue to be effective unless City or Contractor
elects to terminate this Contract. An election to terminate this Contract based upon this
provision shall be made within seven (7) days after the finding by the court becomes
final.
BID NO: 2014-149-SR CITYOF MIAMI BEACH
DUE DATE: FEB 18,2013 101
i
i
6.10 Applicable Law and Venue
This -Contract shall be enforceable in Miami-Dade -County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or
conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade
County, Florida. By entering into this Contract, Contractor and City hereby
expressly waive any rights either party may have to a trial by jury of any civil
litigation related to, or arising out of the Project. Contractor shall specifically bind
all subcontractors to the provisions of this Contract.
6.11 Amendments
No modification, amendment, or alteration in the terms or conditions contained herein
shall be effective unless contained in a written -document prepared with the same or
similar formality as this Contract and executed by the Board and Contractor.
6.12 Prior Agreements
This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to 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.
BID NO: 2014-149-SR CITYOF MIAMI BEACH
DUE DATE: FEB 18,2013 102
IN WITNESS WHEREOF, the parties have set their hands and seals the day and year
first above written.
ATTEST: THE CITY OF MIAMI BE H
City C rk Mayor
Contractor MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE
CORPORATION OR NONCORPORATION FORMAT, AS APPLICABLE.
[If incorporated sign below.]
Contractor
ATTEST: Ilvelb) A)G; 1/ _T_A,�C-•
(Name of Corpor
CA4, By:
s cretary) (Signature)
(Corporate Seal) (Print Name and Title) a -
,sf
day of A FAI L 20
[If not incorporated sign below.]
Contractor
WITNESSES:
(Name of Firm)
By:
(Signature)
(Print Name and Title)
day of , 20
CITY REQUIRES FOUR (4) FULLY-EXECUTED CONTRACTS, FOR DISTRIBUTION.
APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION
'D I &' k,I
AIJ
BID NO:2014-149-SR CITYOF MIAMI B ACFii AN Date
DUE DATE: FEB 18,2013 103
GEORGE'S WELDING SERVICES, INC.
11400 NW 184 STREET
MIAMI, FL 38178
Phone (305) 822-2445 Fax (305) 8225298
Bid Proposal Noe 148889132 Bid Bate: 02/18/14
City of Miami Beach
1700 Convention Center Drive
Miami Beach,FL 33139
305-673-7490 Fax 786-394-4011
Attention: Sandra M. Rico
Allow us to submit our Bid Proposal for your project entitled:
Unidad Senior Center-Handrail System
Subject to the following Exclusions,Terms and Conditions:
Scope of Work
We propose to furnish only structural steel as per the American Institute of Steel Construction Code of
Standard Practice as follows:
Miscellaneous Metals
Fabricate&Install:
-Powder Coated Stainless Steel 316 Cable Railing System
Notes
Project Name: North Shore Bandshell Park
Project Location: 7275 Collins Avenue,Miami Beach,FL 33141.
This offering excludes the following:
- Testing and inspections.
- Connections of any type for other trades.
- Demolition, shoring, removal, relocation, patch-up and clean-up work.
- Bond cost.
- Prevailing wages.
- ANY ITEMS NOT SPECIFIED IN THE SCOPE
Terms and Conditions:
We propose to furnish material and labor necessary, to fabricate and erect as per A.I.S.C. specification,
grades, and elevations to be established by others, the structural steel and/or miscellaneous metals. All
structural steel shapes, bars, and plates ASTM A-36,.structural tubing ASTM A-500 are furnished as noted.
Bid Proposal 148889R2 Bid Date: 02/18/14 Page # 2
-Price is based on drawings A-8.') dated 11/18/2013.
WE MAY WITHDRAW THIS PROPOSAL IF NOT ACCEPTED IN 30 DAYS.
We propose to provide this project as described above,
for the lump sure price of $65,120.00
Thank you for the opportunity to submit our Bid Proposal for this project.
Authorized by: Accepted by:
Signature
Print Name
Rafael Burgos
Estimator
GEORGE'S WELDING SERVICES, INC. Date
Department of Regulatory and Economic Resources
�`��'o®�®� Small Business Development
111 NW 1 Street, 19""'Floor
Miami,Florida 33128
Carlos A. Gimenez,Mayor T305-375-3111 F305-375-3160
CERT. NO: 3986
Approval Date: 08/13/2012-DBE
August 14, 2012
ANNUAL ANNIVERSARY: 08/13/2013
Mr. Jorge Amador
GEORGE'S WELDING SERVICES, INC.
11400 NW 134th St
Miami, FL 33178
Dear Mr. Amador.
Small Business Development(SBD), a division of Regulatory and Economic Resources Department(RER)
has completed the review of your application and the attachments submitted for certification. Your firm is
officially certified as a Disadvantaged Business Enterprise (DBE) in accordance with the State of Florida
Unified Certification Program (UCP) approved by the U.S. Department of Transportation (FDOT) in the
categories listed below. This certification affords your company the opportunity to participate in contracts
throughout the State of Florida with DBE measures.
Your DBE certification requires you to complete a Continuing Eligibility affidavit annually. To ensure timely
processing the Continuing Eligibility affidavit is accessible at http://www.miamidade.goNdbusiness/business-
certification-programs.asp/library/continuing_eligibility_package.pdf. A hard copy is available upon request
and may be sent to you via mail or facsimile. Failure to complete and submit the required afida%At with the
required supporting documents on or before your anniversary date may result in the removal of your
company,from the-.Florida DBE Unified_Certification Program.
If any changes occur within your company during the certified period (such as ownership, address,
telephone number,.trade category, licensing, technical certification, bonding capacity, or if the business
ceases to exist) you are required to notify this department within 30 days in writing. It is of critical
importance that the current information regarding your company be maintained. All inquiries or changes
related to this certification should be directed to Jacob Wilson Jr. in the Certification Unit.
We look forward to your participation and success in Miami-Dade County's disadvantaged business
enterprise programs.
Thank you for doing business with Miami Dade County.
Sin ely,
Sheri riff, Director
Business Opportunity Support Services
Small Business Development Division
Regulatory and Economic Resources Department(RER)
CATEGORIES: four firm may bid or participate on contracts only under these categories)
ALL OTHER MISCELLANEOUS FABRICATED METAL PRODUCT MANUFACTURING(DBE)
FABRICATED STRUCTURAL METAL MANUFACTURING(DBE)
INDUSTRIAL BUILDING CONSTRUCTION(DBE)
COMMERCIAL AND INS T MJTIONAL BUILDING CONSTRUCTION(DBE)
STRUCTURAL STEEL AND PRECAST CONCRETE CONTRACTORS(DBE)
.c: Jacob Wilson Jr., Certification Specialist
Veronica Clark RER SBD
tjl L_ I Yr
DBDR0020 v201207b6
Rico, Sandra
From: GWS Estimating <estimating @georgeswelding.com>
Sent: Thursday, February 20, 2014 3:54 PM
To: Rico, Sandra
Cc: Granado, Rafael;Vieira, Thais;Jorge Amador Jr; Luz Amador
Subject: RE: Unidad Handrail
Sandra,
To confirm, our proposal is all inclusive of the items listed in the email below, along with fabrication and installation of
the handrail system specified.
Regards,
Jounel Bonilla I Estimating Assistant
estimatinq(@qeorgeswelding.com
George's Welding Services, Inc.
11400 NW 134th Street
Miami, FL 33178
P:305.822.2445 1 F: 305.822.5298
Visit our website at:www.georgeswelding.com
Ui
URTIF1
7 .
`0
Please consider the environment before printing this e-mail.
Disclaimer:This e-mail may contain CONFIDENTIAL information and is intended only for the use of the specific individual(s)to which it is addressed.If you are not an
intended recipient of this e-mail,you are hereby notified that any unauthorized use of this e-mail,the information contained in it,or attached to it is strictly prohibited.If you
have received this e-mail in error,please delete it and immediately notify the person named above by reply e-mail.Thank you.
From: Rico, Sandra [mailto:SandraRico @miamibeachfl.gov]
Sent: Thursday, February 20, 2014 3:29 PM
To: Jorge Amador Jr; GWS Estimating
Cc: Granado, Rafael; Vieira,Thais
Subject: RE: Unidad Handrail
Thanks,
Sandra M. Rico, Senior Procurement Specialist
DEPARTMENT OF PROCUREMENT MANAGEMENT
1700 Convention Center Drive, Miami Beach, FL 33139
O: 305.673.7000 x 6230 F: 786.394.4404 srico(@miamibeachfi.aov
www.miamibeachfl.gov
i
r
We are committed to providing excellent public service and safety to all who live,work, and play in our vibrant, tropical, historic
community.
From: Rico, Sandra
Sent: Thursday, February 20, 2014 12:42 PM
To: iorgejrCa@ eorgesweldinQ.com; estimating(@centralf loridaeguip.com
Cc: Granado, Rafael; Vieira, Thais
Subject: FW: Unidad Handrail
Good Afternoon!
Please review the attached and confirm that your firm has included the following information in your bid:
In addition to the drawings,.please confirm that your bid is also based on the Technical Specification Section
05521 dated December 23,2013.
® Please confirm that your price is inclusive of all permitting and expediting fees.
a Please confirm that your SS 316 railing system also includes the aluminum handrail, as specified.
® Please confirm that your firm has included all patch-up and clean-up that would be incidental to your work.
Please note:YOUR BID PRICE CANNOT CHANGE.This scope must be included in your base bid number or your bid will
be deemed non-responsive pursuant to the terms and conditions of the Solicitation.Any questions, please do not
hesitate to contact me.
Thanks,
MI&M I BEACH .
Sandra M. Rico, Senior Procurement Specialist
DEPARTMENT OF PROCUREMENT MANAGEMENT
1700 Convention Center Drive, Miami Beach, FL 33139
O: 305.673.7000 x 6230 1 F: 786.394.4404 1 srico(@-miamibeachfl.gov
www.miamibeachfl.aov
We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic
community.
From: Vieira, Thais
Sent: Wednesday, February 19, 2014 5:14 PM
To: Rico, Sandra
Cc: Cabanas, Humberto
Subject: RE: Unidad Handrail
Sandra,
Please see comments attached.
Thanks,
MIAMSEACHN
Thais Vieira, R.A., Capital Projects Coordinator
CAPITAL IMPROVEMENT PROJECTS OFFICE
1700 Convention Center Drive,Miami Beach,FL 33139
Tel:305-673-7071-ext.2702/Fax:305-673-70731 www.miamibeachfl.gov
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant,tropical,historic community.
2
From: Rico, Sandra
Sent: Tuesday, February 18, 2014 6:00 PM
To: Vieira,Thais
Subject: Unidad Handrail
Hi Thais,
See attached for the only bid received for the handrails. Please confirm that this is the correct scope. I'm being proactive
and moving forward in writing a template for the memo&summary. Can you give me a little blurb on the background
for this project?Thanks.
Thanks,
NAIAMIBEACH
Sandra M. Rico, Senior Procurement Specialist
DEPARTMENT OF PROCUREMENT MANAGEMENT
1700 Convention Center Drive, Miami Beach, FL 33139
O: 305.673.7000 x 6230 1 F: 786.394.4404 1 sricoCa?miamibeachfl.gov
www.miamibeachfl.gov
We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic
community.
3
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
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CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395
1940 NORTH MONROE STREET
" OWE TALLAHASSEE FL 32399-0783
AMADORf JORGE AMADO
GEORGE'S WELDING SERVICES INC
15244 SW 54TH ST
MIRAMaAR FL 33027
I 1 AC#,� 26�85
STATF OF FLORIDA
Congratulations! With this license you become one of the nearly one million DEPARTMENT`OF .$,&SINESS ,,IUW9
Floridians licensed by the Department of Business and Professional Regulation. I PROFES S.L' A ��
�� ,•L,�REGUL'AT. ONrk;.,..,
Our professionals and businesses range from architects to yacht brokers,from I Y,LL ,,Y ;_� ,... _�,n;f;.
boxers to barbeque restaurants, and they keep Florida's economy strong. =�{' i-4, F �
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Every y pro a the way 4 e do business in order to serve you Bette ; .; 3
For information about our services;please log onto www.myfloridalicense.com. I + CERTIFIE���Gr�tERk� ',:C-Oft,'' ACTOR' .
There you can find more information about our divisions and the regulations that I' =M.v
impact you,subscribe to department newsletters and lean more about the :GEbRGE`'S fit E-;,kaj RVI"CES INC
Department's initiatives.
Our mission at the Department is:License Efficiently,Regulate Fairly.We
constantly strive to serve you better so that you can serve your customers. E
Thank you for doing business in Florida,and congratulations on your new license! ,cE�TIFID unde `tihe p=ovi�ioha � _ci $9
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=-- - DISPLAY AS-RE__ RED BY LAW
Sustainataility, Planning and Economic
MIAMI-DAVE Enhancement Department
e 111 NW 1 Street,19"Floor
Miami,Florida 33128
miamidacte.gov
T 305-375-3111 F 305-375-3160
CERM NO: 11262
Approval Date: 02/14/2012-SBE
February 14,2012 Expiration® 1
p ate: Q2/28/20 5
Mr. Jorge Amador ANNUAL ANNIVERSARY: 02114/2013
GEORGE'S WELDING SERVICES, INC.
11400 NW 134th St
Miami, FL 33178
Dear Mr. Amador
Small Business. Development (SBD), a division of Sustainability, Planning and Economic Enhancement
Department (SPEED) has completed the review of your application and attachments submitted for
certification. Your firm is.ofncially certified as a Small Business Enterprise (SBE). in accordance with
section 2-8.1.1.1.1 of the Code of Miami Dade County.
This certification is valid for three years provided there are no changes rendering your firm ineligible for
certification. You are'required to submit a "Continuing Eligibility Affidavit" annually with specific supporting
documents on or before your Anniversary Date as listed above. You will be notified in advance of your firm's
Anniversary Date. Failure to comply with the said responsibilities may result in immediate action to
decertify your firm. Every three years you will receive a full recertification review'that may include an onsite
investigation; SBD will also notify you accordingly.
If at any time during the certification period, there is a material change in our firm, including, but not limited
Y 9
to ownership, officers, Director, scope of work being performed, daily operations, affiliations with other
business (es) or physical location of the firm, you must notify this office in writing within (30) days.
Notification should include supporting documentation. You will receive timely instructions from this office as
to how you should proceed, if necessary.
Your company is certified in the following categories as listed below, affording you the opportunity to bid and
participate on contracts with small business measures. Please note that the categories listed are very
general and are used only to assist our customers in searching the directory for certified firms to meet
contract needs. The directory for all certified firms can be accessed on the Miami-Dade County SPEED
website http://wwr.miamidade.gov/sba .
Thank you for doing business with Miami Dade County.
Sincerel ,
NSA c "riff irector
Business Opportunity Support Services
Small Business Development Division
Sustainability, Planning and Economic Enhancement Department
CATEGORIES: (Your firm may bid or participate on contracts only under these categories)
PRODUCTION AND MANUFACTURING SERVICES(SBE)
SHEET METAL,FABRICATED(CUSTOM-MADE SHEET METAL f EMS)(SBE)
SHEET METAL FABRICATORS AND IRON WORKERS(SBE)
c: Jacob Mizrahy, Certification Specialist
DBDR0020 v20111026
Jorge Amador Jr.
11400 North West 134`h Street,Miami, Florida 33178
Tel: (305) 82202445 email: jor�zejr@ Qeors!esweldinQ.com
My Creativity and innovation have been instrumental in the development, management and
design of key projects.
Summary of Strengths
With a degree in Business Administration and excellent business judgment I-have proven
to consistently produce, analyze and execute financial trade-offs which may involve dealing
with incomplete data and ambiguity. In addition manage multiple million do-liar projects and
oversee completion of job responsibilities.
Mork Experience
2011—Present, Executive Vice President George's Welding Services, Inc.
• In charge of handling different functions from Project Acquisition, developing and
maintaining client relationships, strategic planning, organizing to looking into minute
details of the project from start to.finish.
• Mastery of Project Cost,Schedule, Contract Negotiation, Bidding Process, Change Order
Procedures, Engineering requirements, address staff needs and availability,jobsite
correspondence, meetings and attend to jobsite issues that arise and develop plan of
action to correct them.
• Instruct team members to perform certain functions and oversee the completion of the
job to deliver a finished product for the end user.
2010—2011 Chief Estimator George's Welding Services, Inc.
• Managed and coordinated estimating department personnel, software and other
resources used to perform the estimating functions.
• Responsible for the oversight of the estimating process for all project bids, establish
standardized procedures, methods and processes for estimating and training.
• Oversee analysis of past performance on projects and establish estimating standards for
all future estimates based on such analysis.
2007—2010 Steel Detailing Manager George's Welding, Services, Inc.
• Prepared and supervised the production of detail drawings from architectural designs
and plans for buildings and structures according to specifications provided by
Architect/Engineer.
1992—2007 Senior Project Manager George's Welding Services, Inc.
® Managed and supervised assigned -operations to achieve goals within available
resources.
• Planned and organized workloads and staff assignments, train, motivated and evaluated.
assigned Staff; review progress and direct changes as needed.
1 of 3
Jorge Amador Jr.
11400 North West 134`h Street,Miami, Florida 33178
Tel: (305) 822-244 email: jor2eir@geor2esweldinsi.com
Education
Broward College Corporate and Continuing Education March 2012
Tuner School of Construction Management Program
American Welders Society November 2011
Ironworker Welder Certification
TEKLA, Inc. June 2009
Structures Training in Steel Detailing and Fabrication
American Institute of Steel Construction, Inc. April 2007
Structural Steel Estimating and Proposal Preparation
Florida International University February 2006
Advanced Professional Certificate in Project Management
State of Florida Department of Business and Professional Regulation December 2001
General Contractor Examination
Miami Dade College April 1996
Associate in Science— Business Administration
Summary of Qualifications
Certified Welder Certified OSHA 30 Hour Fall Protection Training
Licensed General Contractor Certified Equipment Operator CPR Training
Tekla Cad Detailer FabTrol Certified Advanced open water driver
Selected Projects
a Berkshire Elementary School West Palm Beach, FL
® Boca Raton Fire Station #S Boca Raton, FL
® Broward County Courthouse Fort Lauderdale, FL
0 Broward Community College Campus— Parking Garage Ext. Davie, FL
o Broward Health Sports Medicine & Orthopedic Center Fort Lauderdale, FL
Broward General Medical Center Fort Lauderdale, FL
• 1060 Brickell Condominiums Miami, FL
• Brickell Honda Addition Miami, FL
• Calder Race Course Phase I & II Miami, FL
• Cooper City High School Cooper City, FL
• DCT Commerce Center—Pan American Doral, FL
• Deerfield Beach Pier Renovation Deerfield Beach, FL
• Discovery Elementary Sunrise, FL
• Doctors Hospital CEP Renovation Phase I & III Coral Gables, FL
® Dolphin Mall—Miscellaneous Metals Miami, FL
2 of 3
Jorge Amador Jr.
11400 North West 134`h Street,=Miami, Florida 33178
Tel: (305) 822-244 email:joraeir@ Qeoraeswelding:com
Continuation of Selected Projects
• Dolphin Park of Commerce-Phases I & II Doral, FL
• Doubletree Convention Center Miami, FL
• FAU Engineering& Computer'Science Bldg. Boca Raton, FL
• First Baptist Church at Weston Weston, Ft
• Florida Atlantic University Football-Stadium Fort Lauderdale, FL
• Fort Lauderdale High School Fort Lauderdale, FL
• Florida International University School of Law Miami,-FL
• Florida International University Lakeview Housing Miami, FL
• Freedom Tower Miami Miami, FL
• Hialeah-Gardens High School Hialeah Gardens, FL
• Lauderhill Performing Arts Center Lauderhill, FL
• Marlins Stadium Fixed Roof Columns Miami, FL
• Miami Beach Edition (fka Seville) Hotel Miami Beach, FL
• Miami Children's Hospital Chiller & Cooling Tower Replacement Miami, FL
• Miami Dade College North Science Bldg. Miami, FL
• Miami Lakes Elementary School Miami Lakes, FL
• Miami International Airport—Various Terminal Improvements Miami, FL
• Miami Science Museum Miami, FL
• Milander Auditorium—Grand Staircase Hialeah, FL
• Mizner Park Cartoon Museum Boca Raton, FL
• Northeast High School Oakland Park, FL
• Ocean Palms Condominiums Hollywood Beach, FL
• PNC Bank- Oakland Oakland, FL
• PNC Bank—Federal & Fourth Fort Lauderdale, FL
• Palm Beach State College Public Safety Training Center Lake Worth, FL
• Port of Miami Tunnel —Elevated Platform Miami, FL
• Port of Miami Tunnel —Jet Fan Supports Miami, FL
• Ravenswood Bus Maintenance Facility Dania Beach, FL
• Ritz-Carlton Di Lido Miami Beach, FL
• Safeguard Storage Design District Miami, FL
• The Galbut Family Jewish Community Center Miami Beach, FL
• The Ivy at Riverfront Condominiums Miami, FL
• The Marquis Condominiums Miami, FL
• The W Hotel Fort Lauderdale, FL
• Total Bank—Bird Road Miami, FL
• Total Bank—Cypress Creek Fort Lauderdale, FL
• Town of Davie Water& Wastewater System Expansion Davie, FL
• United Airlines Cargo Building at Miami Int'I Airport Miami, FL
• West Boca Branch Library Boca Raton, FL
• West Regional Library Plantation, FL
• Young Circle Arts Park and Amphitheater Hollywood, FL
3 of 3
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Rafael Burgos
OBJETI VE:
The main objective is to provide the company with a very accurate and dynamic strategy of work,
high sense of responsibility, leadership, independent judgment, confidentiality, teamwork, quality
and professional ethics.
EXPERIENCE:
-Construction Company#5 of Industrial Building Villa Clara,Cuba
Technician in Industrial Building 1984 to 1988
• Calculated costs and determined feasibility of projects based on analysis of collected
data, applying knowledge and techniques of engineering and advanced mathematics.
• Inspected construction sites to monitor progress and ensure conformance to engineering
plans, specifications, construction and safety standards
-Construction Company#5 of Industrial Building Villa Clara, Cuba
&Felix Varela Superior Institute 1988 to 1995
Project Manager and Professor of Soil Mechanics
• Directed and participated in planning, designing and reviewing plans for erection of
structures requiring stress analysis.
• Inspected existing projects and recommended repair, replacement of defective members
or rebuilding of entire structure.
• Prepared and directed preparation and modification of reports, specifications, plans,
construction schedules, environmental impact studies and designs for projects.
• Conducted classes for university students in Soil Mechanics.
-Glassalum International Corporation Miami, Florida
Planning and Production Engineer 1998 to 2005
• Anchor design for high rise buildings, drafting and structural solutions.
• Planning, control, coordination and supervision of the production of all documents and
drawings to be assembled in the factory.
• Detailing of production papers and structural solutions required for submittal and approval
of Structural engineer.
-Three Rivers Aluminum Co(TRACO) Miami, Florida
Project Coordinator/Design Engineer 2005 to 2006
• Planned, directed and coordinated manufacturing processes in industrial plant for curtain
wall products
• Assisted subordinates and supervisors in identifying and resolving problems.
• Conferred with management and engineering staff to implement plans and
recommendations.
• Planned, designed and directed curtain wall projects. Analyzed reports, blueprints, tests,
Structural and Architectural drawings.
• Inspected construction sites to monitor progress and ensure conformance to engineering
• Plans, specifications, construction, installation and safety standards.
• Note: Finished as a result of TRACO's decision to exit the Custom Architectural
Marketplace
-MCM Corp Miami, Florida
Estimator 2006 to 2009
• Analyzed blueprints, specifications and proposals to prepare time, cost and labor
estimates for products, projects and services.
• Reviewed data to determine material and labor requirements and prepared itemized lists.
• Computed cost factors and prepared estimates used for management purposes.
• Factors included planning, organizing and scheduling work, preparing bids, selecting
vendors and subcontractors and determining cost effectiveness.
• Consulted with clients, vendors and other individuals to discuss and formulate estimates
and resolve issues.
• Restructured and improved scope of work for subcontractors.
• Wrote and produced estimates in Primavera Expedition
• Identified problems, diagnosed causes, produced RFIs and determined corrective
actions.
• Studied work orders and construction proposals in the buy out process
• Assisted Project Manager and Field Engineer to resolve problems related to
change orders during the construction process.
-George's Welding Services Inc Miami, Florida
Chief Estimator 2010 to Present
• Analyzed blueprints, specifications and proposals to prepare time, cost and labor
estimates for products, projects and services.
• Reviewed data to determine material and labor requirements and prepared itemized lists.
• Computed cost factors and prepared estimates used for management purposes.
• Factors included planning, organizing and scheduling work, preparing bids, selecting
vendors and subcontractors and determining cost effectiveness.
• Consulted with clients, vendors and other individuals to discuss and formulate estimates
and resolve issues.
• Wrote and produced estimates in Fabtrol.
• Identified problems, diagnosed causes, produced RFIs and determined corrective
actions.
• Supervision of all work to in the estimating department.
• Assisted drafting department to resolved problems during Shop Drawing Proccess.
• Assisted Project Manager and Field Engineer to resolve problems related to
change orders during the construction process.
COMPUTER SKILLS:
AutoCad, Microsoft Words, Excel, Primavera Expedition, Timberline, On Screen Take off, Fabtrol
EDUCATION:
Central University-Villa Clara, Cuba 1984
Civil Engineer,Straccuire Specialist
Central University-Villa Clara, Cuba 1993
Graduated Certificate of Structure Theory
Nelson Fernandez Estevez-Villa Clara, Cuba 1986-1988
English language high level
Engineer Intern(#1100005971)-Miami, Florida 1999
Miami Micro Data, Inc.-Miami, Florida 2006
Using Primavera Expedition for Project Controls
Associated General Contractors of America-Miami, Florida 2006
Supervisory Training Program
Miami Dade College-Miami, Florida 2010
PE Civil Exam Review
General Contractor License(CGC1519465)
Civil-Engineer PE License-Miami, Florida-Progress
REFERENCES:
References and supporting documentation will be furnished upon request.
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