Loading...
Bid No. 58-00/01 R7A CITY OF MIAMI BEACH, FLORIDA C€.\\J€-O ~€ \ l~~l j~~ ~ \JJ~?I\~\t.~ r'D\.\}Gt. \'nt \J PROCUREMENT DIVISION 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 CONSTRUCTION CONTRACT DOCUMENTS PROJECT MANUAL FOR THE FOLLOWING PROJECT(S): CONSTRUCTION OF NORTH SHORE PARK AND YOUTH CENTER INVITATION TO BID NO.: 58-00/01 http:\\ci.miami-beach.fl.us E-mail: guslopez@ci.miami-beach.fl.us Telephone: 305.673.7490 Facsimile: 305.673.7851 BID NO: 58-00/01 DATE: 9/12/01 CITY OF MIAMI BEACH I CITY CLERK J NOTICE TO USING DEPARTMENT(S) AND CONSULTANTS Any deviations from City of Miami Beach Standard Form Construction Contract Documents or any conflicts between the Technical Specifications, or the Supplementary Conditions and these Documents must be submitted in writing to the City's Procurement Director and to the Office of the City Attorney for approval prior to the public notice of the Invitation for Bid. All deviations or conflicts with the standard form must be listed by paragraph number and page number. () There are no deviations () There are deviations and/or conflicts per the attached pages 01 through (Using Department} (Director) (Consultant) Changes approved by: City Attorney Procurement Director Date Date BID NO: 58-00101 DATE: 9/12101 CITY OF MIAMI BEACH 2 TABLE OF CONTENTS PAGE NOTICE FOR BIDS ................ ........... ... .................... ...... ................... ...............-. .............. 7 PLANS & SPECIFICATIONS ORDER FORM .................................................................9 00100. 00200. 00300. 00400. 00405. 00407. 00410. 00500. BID NO: 58-00101 DATE: 9/11101 GENERAL INSTRUCTIONS TO BIDDERS .............................................10 DEFINITIONS.......................................................................................... 11 INSTRUCTIONS TO BIDDERS ...............................................................15 1. Examination of Contract Documents and Site ...............................15 2. Pre-Bid Interpretations................................................................... 15 3. Submitting Bids............................................................................. 16 4. Printed Form of Bid......................... ..... .......................................... 16 5. Bid Guaranty .............................. ...................................................16 6. Acceptance or Rejection of Bids.................................................... 16 7. Determination of Award ................................................................. 17 8. Evaluation...................................................................................... 17 9. Contract Price................................................. ............. ..................17 10. Postponement of Date for Presenting and Opening of Bids .......... 17 11. Qualifications of Bidders................................................................ 17 12. Addenda and Modifications ........................................................... 18 13. Prevailing Wage Rates .............~....................................................18 14. Occupational Health and Safety ....................................................18 15. Environmental Regulations........... ................. ......... ......... ..............19 16. "Or Equal" Clause............................................. ............................. 19 17. Protested Solicitation and Award...................................................20 BIDfTENDER FORM................................................................................ 21 CITY OF MIAMI BEACH LICENSES, PERMITS AND FEES...................24 SCHEDULE OF PRICES BID .................................................................. 25 BID GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT ................................................26 SUPPLEMENT TO BIDfTENDER FORM QUESTIONNAIRE .................................... ..................... .... ......................28 CITY OF MIAMI BEACH 3 00520. 00530. 00540. 00550. 00600. 00708. 00710. 00720. 00721. 00735. 00800. TABLE OF CONTENTS (Continued) SUPPLEMENT TO BIDfTENDER FORM NON-COLLUSION CERTIFiCATE........................................................... 34 SUPPLEMENT TO BIDrrENDER FORM DRUG FREE WORKPu\CE CERTIFICATION ........................................ 35 SUPPLEMENT TO BIDrrENDER FORM TRENCH SAFETY ACT ....................... ........................................ ............37 RECYCLED CONTENT INFORMATION .......... ................ .......... ..... ........ 39 CONTRACT............................................................................................. 40 FORM CERTIFICATE OF INSURANCE .................................................. 50 FORM OF PERFORMANCE BOND ........................................................51 FORM OF PAYMENT BOND ........................ ....... .................................... 54 CERTIFICATE AS TO CORPORATE PRINCIPAL ..................................57 PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT ................................................58 GENERAL CONDITIONS .................................. ................ ....... ...... ......... 60 1. Project Manual......... .....................................................................60 2. Intention of City .. ............ ..................................................... .......... 60 3. Preliminary Matters........................................................................ 61 4. Performance Bond and Payment Bond ......................................... 62 5. Qualification of Surety ........ .................................. ......................... 63 6. Indemnification......... .................... .... .............................................65 7. Insurance Requirements ...............................................................65 8. Labor and Materials................................... .................................... 68 9. Royalties and Patents................................ ......................... ........... 69 10. Weather....... ........................... .......................................................69 11. Permits, Licenses and Impact Fees .............................................. 69 BID NO: 58-00101 CITY OF MIAMI BEACH DATE:~IUOl 4 TABLE OF CONTENTS (Continued) 12. Resolution of Disputes...................... ........ ..................................... 70 13. Inspection of Work.......................................... .................,'.............71 14. Superintendence and Supervision................................................. 71 15. City's Right to Terminate Contract................................................. 73 16. Contractor's Right to Stop Work or Terminate Contract...... ....... ...........................................................74 17. Assignment.................... ....................................................... .........74 18. Rights of Various Interests ............................................................ 75 19. Differing Site Conditions.. ...... ........................................................ 75 20. Plans and Working Drawings ........................................................76 21. Contractor to Check Plans, Specifications, and Data..... ........ ...................................................76 22. Contractor's Responsibility for Damages and Accidents............................. ......... ....... ........ ........... 76 23. Warranty........................... ....... ........................ ..............................76 24. Supplementary Drawings...... ........................................................ 77 25. Defective Work............. ..... .............................. ..............................77 26. Taxes................................. ....... .....................................................78 27. Subcontracts ............................................... ........ ..........................78 28. Separate Contracts. ................................. .......... ..... ........ .............. 78 29. Use of Completed Portions............................................................ 79 30. Lands for Work ........ ...... ..... ........................................................... 80 31. Legal Restrictions and Traffic Provisions....................................... 80 32. Location and Damage to Existing Facilities, Equipment or Utilities...................... ....... ............... ......... 81 33. Value Engineering......................................................................... 82 34. Continuing the Work ........... ........ ................................................... 82 35. Changes in the Work or Terms of Contract Documents....... ...... ........................ .............................82 36. Field Orders and Supplemental Instructions.................................. 83 37. Change Orders................. ...... .......................................................83 38. Value of Change Order Work ........................................................ 84 39. Notification and Claim for Change of Contract Time or Contract Price ................ .................................... 89 40. No Damages for Delay.................................................................. 89 41. Excusable Delay; Compensable; Non-Compensable.. ...................................................................... 90 42. Substantial Completion......... .........................................................91 43. No Interest.................. ....... ...... ............................................. ......... 91 44. Shop Drawings ....... .............. .......................... ...............................92 BID NO: 58-00/01 CITY OF MIAMI BEACH DATE: 9/12/01 5 00900. 00920. 00922. 00923. 00925. 00926. 00930. 00950. 01000. 02000. 03000. 04000. 05000. BID NO: 58-00101 DATE: 9112101 TABLE OF CONTENTS (Continued) 45. Assignment... ........................ ................................. ........................93 46. Safety and Protection ......................................................::............ 94 47. Final Bill of Materials ..................................................................... 95 48. Payment by City for Tests ............................................................. 95 49. Project Sign........................... .................................. ......................95 50. Hurricane Precautions .......................................................... .... .....95 51. Cleaning Up; City's Right to Clean Up ........................................... 96 52. Removal of Equipment ........................... ....................................... 96 53. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act............................................... 96 54. Project Records ......................... ...................... ....................;......... 97 SUPPLEMENTARY CONDITIONS.......................................................... 98 ADDITIONAL ARTiCLES.................................................. .......................99 1. Prevailing Wage Rate Ordinance .................................................. 99 2. Federal Grant Projects.................................................................. 99 3. Wage Schedule ..................................... ................ .............. ........ 100 4. Wage Determination Appeals Process........................................ 101 STATEMENT OF COMPLIANCE (PREVAILING WAGE RATE ORDINANCE NO. 83-72)......................... 102 STATEMENT OF COMPLIANCE (DAVIS BACON ACT) ...................... ........ ....... ................. ........... ........... 103 CERTIFICATE OF SUBSTANTIAL COMPLETION................................ 104 FINAL CERTIFICATE OF PAYMENT .................................................... 106 FORM OF FINAL RECEIPT ................................................................... 107 DRAWINGS INDEX........... ........ ......................................... ................... 109 ADDENDA AND MODIFiCATIONS........................................................ 115 TECHNICAL SPECIFICATIONS ............................................................ 116 BID FORM AMOUNT ......... ........................................ ............................ 122 ACKNOWLEDGEMENT OF ADDENDA ................................................ 123 CUSTOMER REFERENCE LISTING..................................................... 124 CITY OF MIAMI BEACH 6 CITY OF MIAMI BEACH CITY HAll. 1700 CONVENTION CENTER DRlVE MIAMI BEACH. FLORIDA 33139 hllP:\\cl.miami-beac:l1.II.us TO: FROM: St'BJECT: COMMISSION ME:\[ORANDLy[ Mayor ~eisen O. Kasdin and Members of the City Commission Jorge :VI. GOQzalez ~~~ City Manager 0 0 A RESOlLTIO~ OF THE ;\-L\. 'lOR AND CITY COMMISSIOi'\ OF THE CITY OF :\IIA.\I1 BEACH, FLORlDA, APPROVING AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE A CONTR\CT 'VITH THE COLLAGE DESIGN A;'Ii"D CO:"iSTRUCTlON GROl"P. II'iC.. DOING Bl.:SINESS AS "THE COLLAGE COMPA:'-iIES". AS THE Lo\VEST BIDDER IN RESPONSE TO INVITATION TO BID NO. 58-00/01 FOR THE CONSTRUCTION OF THE NORTH SHORE PARK AND YOUTH CENTER. IN A:'Ii AMOUNT NOT TO EXCEED $5.86L231, COMPRISED OF HARD CONSTRUCTION A:\TD CONTINGENCY COSTS FOR THE PROJECT: AND IF THE NEGOTIATIONS ARE SUCCESSFUL. APPROVING AND AUTHORIZI~G THE MAYOR AND CITY CLERK TO EXECt:TE SUCH CONTRA CT: ADDlTIONALL Y APPROPRIATING FUNDS I~ THE TOTAL AMOUNT OF $1.17-4.779 FROM THE 1999 GENERAL OBLIGATION (G,O,) BOND FUND NO. 377 TO COMPLETE THE BALANCE OF PREVIOUSLY APPROPRIA TED FUNDS FOR THE CONSTRUCTION BUDGET, AND THE COST OF FURNITURE, FIXTL'RES AND EQUIPMENT, AS WELL AS ART IN PUBLIC PLACES. CAPITAL IMPROVE:\IEi'O"T PROJECTS OFFICE \I.-\NAGEMENT FEE. AND THE PROGR-\.M MANAGEMENT FEE. DATE: October 17, 201n ADMINISTRA TTON RECO:\-IMENDA TTO~: Adopt the Resolution. FUNDING: Funding in the total amount of 55.861.232 is available for construction and contingency as follows: . $4.095.407 from the 1995 Park General Obligation Bond Fund No. 370 . $660,919 from the 1999 General Obligation Bond Fund No. 3i7 (to be appropriated) . $93,458 from the Florida Recreation Development Assistance Program (FROAP) Gram AGENDA ITEM IX 7 I DATE /0-/7-01 City Commission Memorandum North Shore Park October 17, 200 1 · $1,000,000 from the United States Housing Urban Development Department- (HUD) -Section 108 Loan .. . $11.448 from the Safe Neighborhood Park (S~l') Bond fund ANAL YSIS: The North Shore Park project has been an ongoing and expanded vision of the community, the Mayor and Members of the City Commission, and the Administration since early 1994 when a referral to a joint meeting of the Finance and Capital Improvements Committee initially discussed the issuance of a General Obligation Bond in the amount or 5-1-0 million for the improvements to the city park system. At the time of the referral. the Park Bond Master Plan estimated $3,233,982 to cover the expenses included in the scope of the North Shore Park and Youth Center project. The scope df work included in the Master Plan consisted of, among other improvements to the park, the construction of a new recreation center, a new tennis center, a new community center. a new field storage building. a new covered basketball pavilion, and the renovation of the band shell. Also included in the program were the replacement of the existing tennis courts by twel ve (12) hydro-courts. the renovation of the existing basketball courts, the construction of a new shuffleboard court and shelter. a new ball field. new park entries, accessible routes and walkways. security lighting. new irrigation and landscaping. On November 8, 1994, the citizens of Nliami Beach approved the issuance of the $15 Million in General Obligation (G.O.) Bonds for the improvements to the city park system. of which $2.559,580 was earmarked to develop improvement programs identified in the Master Plan for North Shore Park. Thereafter, the City entered into an Agreement with the architecturJI firm of BermelIo, Ajamil and Partners, Inc., to develop plans and specifications for the North Shore Park and five (5) other park projects included in the Bond Master Plan. During the North Shore Park project's prognlmming and design phases, the Administration sought the input of the citizens at large through community meetings and workshops. Therefore, throughout the process, the project was ex.tensively reviewed by the public and various City's Boards and Committees, including the North Beach Youth Center Oversight Committee and the Parks and Recreation Facilities Board. As a result, many changes, additions and adjustments were made. A bigger architectural program and design, to fit the ex.pressed needs of the community, was achieved. Consequently, the project's budget needed to grow proportionally with the program. To achieve this goal, the Administration, pursuant to the City Commission's approval, sought and received additional funding from the Safe :--reighborhood Park Bond (SNPB), the Rorida Recreation Development Assistance Program (FRDAP), the HUD -Section 108, the Quality of Life, totaling $1.117,500 in additional funds for the project. Also the 1994 $15 Million Parks Bond allocation was increased to $4,557,467. Additionally, on November 2, 1999, the citizens of Miami Beach voted $1,350,000 from the $92 Million G.O. Bond fund to supplement the original Park General Obligation Bond fund for the North Shore Park and Youth Center project. ., City Commission Memorandum North Shore Park October 17, 200 1 During the course of the construction documentation phase. the Administration reviewed the const~ctai:>iiity of the project JS it r.::iates [0 the avaiiabie funding (or .:anstruction. At' this stage of the proje::t. the City's consultant. Bermel!o. ,A.j:m:il and Partners. Inc. submitted a mor~ accurate Probable Cost Estimate. Hanscomb Inc.. an independent professional construction cost estimating firm, was also requested to evaluate the cost of construction. based on current market price and conditions. Both estimates established at the time that programs would need to be deleted in order to meet the actual construction budget. Consequently, City staff took the necessary steps to coordinate with Bermello. Ajamil and Partners. the City's consultant. and URS Corporation. the City's program manager. the prioritization of the project's program, including grouping the project's components in additive alternates. in order to make the bids more realistic relating to the budget. resulting in a more manageable evaluation of the bids and later award of the lowest and best bidder. The setting of the project components. as follows. took into consideration the maximization of the available budget in relation to the ranking of the programs established by City staff and the consultant based on community's input during the planning and programming phases: . Base bid: Site Demolition and preparation Youth Center and Gymnasium Tennis COuttS Tennis center building Tennis practice court Shuffleboard courts Lighting fixtures Signage Baseball fields . Additive Alternate :'110. 1: Baseball dugouts . Additive Alternate No.2: Concession I Restroom Concession ext. stair Restroom ext. stair Basketball court . Additive Alternate No.3: North pavilion South pavilion 3 Flagpoles Landscape lighting 3 City Commission Memorandum North Shore Parle October 17, 200 1 On September 10,2001. the Invitation to Bid was issued with a Bid Opening date of9<=tober 5.2001. One thousand nine hundred and fifty eight (1.95S.1 vendors were notitied and sixty-three (63) bid specitications were issued. A Pre-Bid Conference was held on September :0. :001. During the bidding phase. the prospective bidders issued a number of requests for infonnation. As a result. there were two (2) addenda amending the bid documents and the bid opening date was extended to October 10, 2001. Four (4) bids were received. Three (3) bids were responsive and one (1) was non-responsive. They are as follows: · Regosa Engineering, Inc. (Non- responsive) · The Collage Design and Construction Group. Inc.. d.b.a. '"The Collage Companies" · MevI Corp. · Hewett-Kier Construction Inc. The bidders' proposals included all labor. materials. equipment and supervision necessary to complete the North Shore Park and Youth Center project. in accordance with the technical specifications and drawings. To allow an early occupancy by the public. the project is divided in three (3) phases. each one with a different substantial completion date. They are as follows: 1. Phase I · Base Bid: Baseball tields · Additive Alternate 2: Concession field house, tot lot, basketball court Phase I must be substantially completed within one hundred eighty (180) calendar days after the Notice to Proceed. Additionally, this phase shall be completed and ready for final payment forty-five (45) days following the substantial completion date. 2. Phase II · Base Bid: tennis center, tc:nnis couns, shuffle board courts. practice court, maintc:nance building · Additive Alternate 3: pavilions Phase 2 must be substantially completed within three hundred sixty (360) calendar days after the ,Notice to Proceed. Additionally. this phase shall be completed and ready for final payment forty-five (45) days following the substantial completion date. 3. Phase III · Base Bid: communirx center, gymnasium and entry plaza Phase 3 must be substantially completed within four hundred fifty (450) calendar days after the Notice to Proceed. Additionally, this phase shall be completed and ready for final payment forty-tive (45) days following the substantial completion date. The following Bid T;lbulation indicates the bidders' quotes for Base Bid, and Additive Alternates: I " I ! I i 4 City Commission Memorandum North Shore Park October 17. 200 1 BID n.BIL\TION DESCRIPTIO", RE GOS, \ E:-lGIl'i1::ERIi'iG . 55 .1St} 1;-;0 i rOLL\GE :\.IC:\o1 ENGI:'iEERI:-;C. IlEWETT.K!ER cO~STR~C110", I 5S.'}(J7 ,:))} SO.:..~;C;.t."{V S6.96~ 450 I T.'I~1 8::50 Bid .. .-\dd Allem.ue -I I I I , j lJaseball Dul!llUlS I ! I I I T...~I Altun:lte _I . ~l.t:1l0 51tS.000 , S53.000 I 525.100 . . . . , Add .-\ltemace #l , I I I C"""cssionlR""trcom i i / I CooccssiOll ExL Slait i' , I I I Resll'OOm Eo'l. Stilt Basketball Coon TOfal Alternate It: -,)3~.J..oon . 5-133.000 , S3n.IUIO I S.l9 UIlO . i .\dd Alternate _3 "'oM P;tv,lion , South ?avilicn 3 Fbgpolcs UndSQpe Ligbl.nl Toral.\ltemate 113 Total Base Bid .. Allemat.. I I '5::67.I}OO ! I ! $::0.000 I 56.;1\5.000 I S183.ooo i Si.5I.l.000 ! S=08.5llO I Si.fHli.~50 I , 56.641.01',0 , *:-';ote: Regosa Engineering Inc. was deemed non-responsive for failure to submit with its bid. the required 5% Bid Guaranty. The City's total funding for construction of the :"iorth Shore Project is :56.301.832. This funding includes the cost for the construction. and the construction ;;ontingency. and an allowance to cover the costs of other owner's provided ~omponents for the project that include: site lighting. site furnishing. slgnage. and playground equipment. City staff and the City's consultants have evaluated the bids. The bidders' references were also verified by the City's Procurement Division and the Rating Source.Com Inc. As a result, The Collage Design and Construction Group, Inc., d.b.a. "The Collage Companies" was established to be the "lowest and best" bidder. The following comparison table indicates the result of the analysis: BID TABUl.A nON .\NAL YSIS DESCRIPTION I COLLAGE CONSTRl:CnON I ACn:AL BUDGET UNFUNDED , Tot:al Base Bid I 55.997.000 I SS.111.232 S6lI5.i68 I I I ConsauctiOll continllOncv SOl S550.000 50 , "SileO li2blinu I SOl S35~.OOO SO I ....Sl~;;lIr:C aUow:lDc: , SO I S25.000 SO , nP1avvound Eauioment'llow.nce SOl S35.000 so I ; "Site furnisbin. SOl S:S.bOll 50 I "Subtotal $.140.600 SO ToW AllAlnlall! '1 S m.ooo S 115.000 Tow AJlmlale 12 s.m.ooo S433.ooo TOI3I Allemate IIJ 5220.000 S22O.ooo TOIllI Base Bid .. Allernat.. 56.765.000 $6.301.832 $1.453.768 I Note: nindicole lbe ilems 10 be purcbaocd3lld provided direclly "1' the Ciry in order 10 3Cbieve savings. 5 City Commission Memorandum North Shore Park October 17, 200 1 In light of the above, and as stipulated in Anicle 4.2.2 of the Agreement between the City and the design consultant Bennello, Ajamil and Partners. hif the lowest bona fide base bid exceeds the Construction Cost Budget by more than 5%. the City Commission shall at its sole discretion, have any of the following options: I) Give written approval of an increase in the Construction Cost Budget (Increase of funding). 2) Reject all bids and proposals. authorize re-bidding, or (if pennissible) authorize are-negotiation of the Project within a reasonable time. 3) Abandon the Project <}nd terminate Consultant's services for the Project covered by this Agreement without funher liability to the City. ~) Select as many Deductive Alternatives as may be necessary to bring the award within the Construction Cost Budget. (Not applicable since the bid does not include any Deductive Alternates) 5) Cooperate with the Consultant in reducing the Project's scope and quality and construction schedule and sequence of work as required to reduce the Construction Cost. In addition to the Contract's language with Bermello. Ajamil and Partners. the following Code Section applies. Section 2-367 of the City Code entitled Rejection of bids; negotiation: waiver of competitive bidding: hlf the lowest and best bidder exceeds the budgeted amount allocated towards the construction of the work which has been competitively bid in major municipal projects, the City Manager or his designee with approval of the City Commission shall have the power to negotiate an agreement with the lowest and best bidder exceeding the budgeted amount of th~ work." In addition, the Code defines "major municipal" projects as "those projects whose project costs exceed 55.000.000". t This essentially leaves the City with three (3) viable options: I) Authorize the Administration to enter into negotiations with the lowest and best bidder to get the project within the funded or budgeted amount: or 2) Authorize additional funding for the project of at least 5685,768 to meet the current Base Bid. Additional funding would be needed for each Additive Alternate, as noted in the Bid Tabulation . Analysis; or 3) Reject all the bids and direct the Architecr/Engineer. Bcrmello, Ajamil and Partners to re-design the project to come within the funded amount. The Administration recommends OptionNo.I, with the understanding that the final outcome may include a reduction in scope. resulting from the value engineering of the project. As a point of information. a proposed reduction in the scope of the project may include. but may not be limited to, the following: a reduction of the number of tennis couns, less landscaping. material substitution, less paving areas, or reduction of the total square footage of the buildings. IMG.Lt-~\.Vttb- . At::~1 '()7lIIG~ IICH2\VOL1IWORK\SAtLl.\lfAGMIC\GOBONDlNSPBID.lIoc 6 10/04/01 TIIU 13:47 FAX 305 673 7851 C.N.D. I'UKCIIASING I'll 1/&1001 CITY OF MIAMI BEACH 1700 CONVEHl1ON CENTER DRIVE. MlAMIBEACH. FlORIDA 33131 hIlp:\ICl.ml.ml-be8Ch.n.... PRoc:tlRl!M!HT IlM8IOfl T.,...... IJOII tn.,.. P8Ulmll8 CHI)IJ'WII1 INVITATION TO BID NO. 58-00101 ADDENDUM NO.2 October 4, 2001 Collltructlon of North Shore Plfk and Youth Centeris amended as fullows: I. The Bid Opening date is cbaDged fiom October 8, 2001 to October 10, 2001 at 3:00 P.M. II. Additional questions will not be answered, nor will subsequent Addwdwn(s) be issued. Inasmuch as this change does not malerially affect the bid document, proposers are not required to ac1cnowledge this .,tdf'!l)dtlt11 to be deemed n:sponsive. CITY OF MIAMI BEACH ~jC Gus Lopez, CPPO Procurement Director je CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE. MIAMI BEACH. FLORIDA 3313S hl1p:\Icl.miaml-IINdl.II.uI ~ PROCUREMENT DIVISION FUllmUa (301'173-7111 Ta"ph_ (301'173-7410 INVIT A nON TO BID NO. RFP-58-00101 ADDENDUM NO.1 October 2, 2001 Construction of North Shore Park and Youth Centericl amended as follows: Change: Bid Opening Date from October 5, 2001, to Oetober 8, 2001, @ 3:00 p.m. Add: Re; Section 00800 - General Conditions, Para. 33, Value Engineering. Page 82. "Assume Value Engineering efforts will involve no more than 3 meetings, 4 00urs in duration each. The Contractor will be expected to participate in identifying potential cost reduction items during these meetings, and assigning a potential cost saving for each identified item. Cost assigmnent will occur outside of the 3 value engineering meetings." Add: Re; Section 00300 -Instructions to Bidders, Para. 7, Page 17. "This bid will be awarded based on one of the following criteria; a) lowest and best bid for the Total B~ Bid, b) lowest and best bid for the Total B~ Bid and ALL (3) Add Alternates, c) lowest and best bid for the Total Base Bid and any/aU or any combination of, the Add Alternates detennined to be in the best interest of the City". I. The following are answen to questions submitted by prospective bidden of th& bid. Question: Invitation to Bid, Page 67 - Builders Risk not checked / Flood Insmance not checked - "Will the Owner provide and list contractor as additional insured?" Answer: The Builders Risk insurance is required and shall be provided by the Contractor. The coverage shall be "All Risk" with the City as a named insured. (See Section 00800 - General Conditions, Para. 7,Insurance Requirements, Sub Para. 7.1.4, Page 67). Flood Insurance is not required Question: Invitation to Bid, Page 24 - Permits & Fees? - Nothing listed. Answer: The City of Miami Beach Building Oep;ubu:IJt will waive its ~ Permit fee. All other Pennits, including the Otp...bue.Jt ofEnviromnental Protection (DEP) permit for Asbestos Renovation or Demolition, Licenses or fees that may be required by the Miami-Dade County, the State of Florida, or other goveanl.a:lttcd entities having jwisdiction over the project are the responsibility of the contractor. The ~tlUent ofEnvironmenta1 Protection (DEP) Notification for Use of the General Pennit for Construction of an Extension to a Public Drinking WatJ:r Distribution System Application Fee has been paid by the City. However, aU testing, water sampling, and Certificate of Completion fees shall be paid by the contractor. Addendum 1 Bid No. S8-OO-01 Page 2 Question: Invitation to Bid, Page 91 - Excusable compensable delay recoverable cost!' liquidated indirect cost per day amOlmt is blank. Answer: Excusable compensable delay recoverable cost I liquidated indirect cost per day amount is $100.00 Question: Invitation to Bid, Page 41,2.5 - The contract documents state that in addition to liquidated damages, the Contractor will be charged with the consultants administrative costs. What are those <lailv costs? Answer: An average of $50.00 per day. Question: Soils - Please provide a copy to the contractor of the soils report. Answer: A copy of this report will be mailed to each p1anholder who pmchased plans fiom T -Square. This report is for "lnfonnation Purposes Only" and is'will not be made part of the bid/contract docwnents. A copy is available but must be requested in writing to the Procurement Division @ (305) 673-7851. Question: Smveys - Specification Section 02221 indicates hazardous materials in building to be demolished and that there is a report on file that the contractor is responsible for obtaining so that the hazardous materials can be properly removed. Please provide a copy of the report ASAP. Answer: A copy of this report will be mailed to each planholder who pmchased plans fiom T -Square. This report is for ''lnfonnation Purposes Only" and islwill not be made part of the bid/contract docmnents. A copy is available but must be requested in writing to the Procurement Division @ (305) 673-7851. Question: Sanitary Sewer- Specification Section 02530, Page II, Paragraph 5.01, indicates six (6) aItemate bid items. Please clarifY if these have anything to do with this project. Answer: Contractors are to disregard all six alternates indicated in Section 02530, Page 11, Paragraph 5.01. Question: Food Service Equipment - Specification Section 11400, Paragraph 120, indicates there is an allowance to be used in our bids. Please clarify. Answer: All Food Service Equipment should be included $ part of the base bid Refer to ID 3.04 for equipment list. Addendum I Bid No. S8-OO-01 Page 3 Question: General Notes - Drawing A-O.0.2, Item 10, states all wood and lumber shall be fire retardant treated as per requirements of the South Florida Building Code. Specification Section 06100 provides for all types oflumber for rough carpentry. Please clari1Y. Answer: Drawing A-O.02, Item 10, refers to the requirements of fire retardant treated lumber as it calls for in the So'.Jth Florida Building Code. Section 06100 indicates the applicable requirements for fire retardant treated wood. Question: Fire Sating - Drawing A-O.02, note 28 states Fire Sating shall be proVided on all slab edges and slab penetrations. Does this apply to sIabs-on-grade? Does it only apply to second floor slabs? Does it apply to roof slabs? Answer: This does not apply to slab on grade, however, it does apply to the second floor and roof slabs. Question: ~um - Dtawing A-2.00 indicates the gytnIllSum is a non-sprinkled 00ikting. Drawing FP1.03 shows the sprinkler system for the gynmasium building. Please clarifY . Answer: This was a requirement by the CMB buiIding department. The gymnasium will be sprinkled. Question: Drawing FP3.00 is missing. Please supply. Answer: This drawing will be available from the City of Miami Beach Procurement Department All contractors who purchased their sets from T -Square Miami will get a copy of this plan. A copy is available but must be requested in writing to the Purchasing Department (305) 673-7851. Question: Specification Sections 90651 and 09652 are identical; both are for vinyl composition tile and base (09652 should be Iiooleum). Answer: Please discard section 09652, however, both linoleum tiles and sheets are being used as floor finishes throughout the first and second floors. Contractors should refer to the interior design drawings for patterns and specified manufucture of these products. All linoleum inslaIJations should amply with manufacture reconnneOOed installation processes. Question: Specification Section 08800 - Glass, Glazing and Mirror - Specifications are ~ Answer: A Section 08800, is included as part of this addendum. Addendum 1 Bid No. 58-00-01 Page 4 Question: Should subcontractor providing the construction of the tennis courts include a bid on the "cast-in-place" concrete curbs (Section 03300) to surround the tennis courts? Answer: Either the subcontractor or the General Contractor shalI provide the curbs. This is all included on the project. The subcontractor shall consult with General Contractor on division of wode. Question: Drawing A-8.03, Note 1 indicated that all windows shall be protected throughout by a Dade County Product Control approved Hurricane shutter system. Since there is a wide range of approved systems, please provide specifications. Answer: Two types of windows or glazing components are being used, an operable window with and integral hmricane shutter system and windows or glazing that meet the wind load requirements as specified in the South Florida Building Code without an applied hurricane shutter. Thus disregard. the note indicated on drawing A-8.03 pertaining to shutters. Question: Drawings with Elevations for Connnunity Center Building, ~ Gymnasium, Tennis Center and Shuftle Board Pavilion call for 3/4" Blown Stucco Finish as typical for all surfaces, except 3/4" Smooth Stucco Finish at palapets. Drawings with wall sections call for 3/4" Texture or Smooth Stucco Finish on most of the exterior walls. No specifications on stucco have been included in the bid documentation. Answer: A stucco section is being included as part of this addendwn. however, as a clarification all exterior surfuces will be finished with a 3/4" blown stucco finish, all stucco trim or accent will be finished in a 3/4" smooth stucco. Question: Please provide Geotechnical Report and Soil Boring infonnation for the project. Answer: A copy of this report will be mailed to each planholder who purchased plans from T -Square. This report is for "Infonnation Purposes Only" and isIwill not be made part of tile bid/contract documents. A copy is available but must be requested in writing to the Procurement Division @ (305) 673-7851. Question: On drawing A-5.01, elevation two (2) indicates split face block, but specification section 04810 (Unit Masonry Assemblies) does not include splitface block. Please provide Answer: Section 04810 Unit Masonry Assemblies is applicable for split-face block, however, contractor should provide a range of samples including available colors for Architect's review and selection. Contractors should refer to the elevation drawings for block pattern. Addendum 1 Bid No. 58-00-01 Page 5 Question: The specification table of contents does not iOOicale fire proofing, but on drawing A-7.01 and A-7.02 (wall sections) call for spray-on fire proofing...Please provide. Answer: Please disregard the note indicated on sheet A-7.01 and A-7J12 calling for spray- on fire proofing on steel decks, joist, beams and columns. Fire proofing will not be necessary. Question: Wmdow type W8, sections 6, 8 on A-8.04 do not indicate material or color for the center design/logo on the glass. Please provide. Answer: The basketball logo for window type W8, indicated on sheet A-8.03 is to be filbricated from alwninum storefiont material. This is not a graphic design on the glass. Question: Drawings A-6.01 and A-6.02, building sections at the Gym calI for sound-block masonry unit, but there are no specifications. Please provide. Answer: The specification is Soundblox Type 12" RSC/RF4 with straight through cavities for vertical reinforcing or equal. Question: Drawing A-60I, section 2 indicates "North Shore Park- but there is no indication if these are painted letters or signage. Please clarifY and provide specifications. Answer: The name of the park is to be cast into the concrete at all four locations, both in the inside and outside concrete beams. Question: Drawing A-6.00, section 2 shows gates (between grid Iines 8-9) with -1I:mis rackets-, but section I on drawing A-6.05 does not show tennis rackets. Please clarifY. Answer: Disregard tennis rackets indicated on drawing A-6.00. Question: Drawings A-5.07 and A-6.06, (elevation 4, section I) show a shuftleboard, but there are no indications for the finishes (paint, tile, sbJeCO, etc.). Please provide. Answer: Disregard the shuftleboaId symbol. This surface will receive a blown stucco finish. Question: Exterior elevations call for sprayed stucco, but there is no spec. section. Please provide. Answer: A stucco specification will be included as part of this addendum. Addendum I Bid No. 58-00-01 Page 6 Question: Drawing A-6.03, the windows located between grid lines 0 &. P and Q &. R. have not been identified for the type. Please provide. Answer: Refer to wall types 12, 118, &. 13 for all interior storefront glazing specifications. Question: The door schedule does not indicate exterior doors between grid lines 0 and 23, and Storage Room 144 (Drawing A-2.03). Please provide a complete description as indicated on the door schedule. Answer: The door at grid line intersection 0-23 should be a vertical picket metal gate 42" high with catch Iatcl1 capability and the storage room 144 door is clarified on sheet A-2.04. Question: Acoustical ceilings in room numbers 108, 109 & 110 shown on Reflected Ceiling Plan Drawing A-4.01 as ACT -3 type, but on Finish Schedule OWO 10-1.00 they marked as ACT-2. Which one shall govern? Answer: Refer to DWO 10-1.00 ACT-2 for acoustical tile finishes in rooms 108, 109 & 110 Question: Please provide the minimum thickness ofbase metal (gauges) for nonload-bearing steel framing for walls and partitions, since it is not indicated on the drawings as referred by specifications. Answer: The base metal gauge should be 25ga. Question: Section 06100 Item 3.03/8 indicated installation of\\OOd finring to receive gypsum board. Walls and partitions details on owns A-9.01 & A-9.02 calls for steel rigid furring channels. Please clarify. Answer: Refer to owns A-9.01 & A-9.02 for metal fiuring channels requirements, furthennore, provide metal furring. Question: Site Plan with Add Alternates on DWO A-tOO shows 3 (three) add alternates. Landscaping overall Site Plan on DWO L-l.OO calls for 4 (four) add alternates. No mentioning of any alternate in specifications. Please clarify. Answer: Add Alternate No. 1 Baseball Dugouts Add Alternate No.2 ConcessionslRestrooms Concession Exterior Stair Restroom Exterior Stair Basketball Cowt Addendum 1 Bid No. 58-00-01 Page 7 Add Alternate No.3 North and South Pavilions Three Flagpoles Landscape Lighting Question: DetaiI8/A-9.03 is missing. Answer: DisR:ganl the symbol iMicating delail8/A-9.03. This is a standard chain link fen:e detail. Question: Detai141A-5.05 is missing. Answer: The drawing being questioned is a section through the shuffleboard court. Question: Specification Section for the Precast Concrete joists is missing. Answer: Refer to attached specification section on Precast Concrete Joist Question: Need definition of the scope of work on the perimeter sidewalk, curb and gutter. Answer: The extent of the sidewalk, curb and gutter modification are delineated on drawings C2 & C3. Question: Need the scope ohwrk for the chain link fencing on the perimeter of the poperty. Answer: The landscape drawings indicated the location of the vertical picket fence m:lnue which occurs on the west side of the park on the east side of the park the termis cowt fence enclosure secure this area of the park. Question: Please define the scope of work around the Existing Baseball Diamond, is the existing fencing and backstop being removed. if so are we replacing it Need details, drawings. Answer: The existing baseball diamond is being reconfigured and the fencing and backstop are being removed and replaced for details of configuration of new fields refer to L3.20. Addeadum 1 Bid No. 58-00-01 Pale 8 Question: Are the existing bleachers by the baseball diamond being removed, and replace, if so need details and specifications. Answer: The existing bleacher by the baseball diamood is to be removed and replaced with two aIwninwn finished meta1 bleachers, seating capacity 50 max. handicap 2 seats with companion seating, max rise 8" seat to seat continuous bench no back, refer to landscaping site pIan for bleacher footprint dimension. Contractor is to comply with all manufacture requirements for safety and installation. Question: Need details of ADD Alternate #2. AnSMr: Add Alternate No.2 ConcessionsIRestrooms Concession Exterior Stair Restroom Exterior Stair Basketball Cowt All details for the construction of these components are included in the construction docwnents. Question: Define roofing material being used on the baseba1l dug outs Details I A-2.0S and 7 A-2.0S refer only to metal flashing. Answer: The base bid includes a standard chain link fence dugout with a low profile standing seam metal roof. Contractor should submit color samples for selection by Architect Question: The Project Manual General Conditions addresses Builder's Risk insmance. However, it does not indicate if this is or is not required. Please confum ifBuildeIs Risk Insurance must be included in the base bid Answer: The CMB of Miami Beach should be responding to this item. Question: Specification Section 01010 (Summary of Work), Paragraph 1.14B indicate owner supplied items. Will you be providing a listlbreakdown of said items. or will an aIlowance be established for the installation of these items? Answer: Refer to Section 01010 Page 7, sulHection 1.14 for list of owner supplied items. Question: Plwnbing drawings do not include the dugout sI1'UCtUre. Is there any phunbing component (Hose Bib, Drain, etc.) required for this structure? Please provide Plwnbing requirements for the dugout. Answer: No plwnbing component is required within the dugout structure. Refer to PI.OO for drinking fountain locations adjacent to dugouts. Addendum 1 Bid No. 58-00-01 Page 9 Question: Beam 2lB 18 (Located on drawing S-16 between grid line T and U at the stairs) is not included in the Beam Schedule. Please provide Structural Design for Beam 2lB18. Answer: 2lBI8 to be disregarded, this no. is refening to it should be 2TBIS. II. Clarifications: Plan FP-3.00 - A copy of this plan will be mailed to each pIanholder who purchased plans from T-Square. A copy is available to any bidder but must be requested in writing to the Purchasing Department (305) 673-7851. Asbestos and Geotechnical Reports are to be mailed to each p1anholder who purchased plans and specs tiom T -Square. Copies are available to any bidder but must be requested in WI'itmg to the Purchasing Department (305) 673-7851. This report is for "Infonnation Purposes Only" and isIwill not be made part of the bid/contract docwnents. III. Attachments: - (Technical Specifications) -SECTION 09210 STUCCO -SECTION 08800 GLAZING -SECTION 03413 PRECAST PRESTRESSED CONCRETE JOISTS AND BEAMS -BID PROPOSAL PAGE 28 (AMENDED) -BID PROPOSAL SECflON BID FORM AMOUNT (pAGE 122 (AMENDED) Bid Documents: - "LOBBYIST" DMSION 3, SEC. 2-481, ORD. NO. 92-2777 - "CONE OF SILENCE" ORDL NO. 99-3164 - "DEBARMENT" ORD. NO. 2000-3234 - "PROHIBITED CAMPAIGN CONTRIBUTIONS BY VENDORS" SEC. 38-6, ORD.NO.2000-3244 Add: Based on the issuance date and infonnation contained in this Addendum (#1). should prospective bidders detennine that an extension to the amended Bid Opening Date of October 8, 2001 @ 3:00 p.rn. be required, this request must be submitted in writing to the Procurement Division @ (305) 673-7851, NL T ('no later than") 3:00 p.m. on October 3, 2001. Addendum 1 Bid No. 58-00-0 I Page 10 Bidders are required to acknowledge this addendum on proposal page123, "Acknowledgement of Addenda", and shall submit a complete copy of this and all addenda with their bid, or the bid may be considered non-responsive. CITY OF MIAMI !3EACH t?~~ - /--- t..~"" Gus Lopez, CPPO Procurement Director Ie 9753.101 SBCTION 09210 STUCCO PART - 1 - GENERAL 1 . 1 SUMMARY 1. Perform all work required to complete the stucco application indicated by contract documents and furnish all supplementary items necessary for their proper installation, 1.2 RELATED SECTIONS 1. Section 09900: Painting 1 ,3 REFERENCES 1. All materials, installation and workmanship shall comply with the following applicable standards: 1. Metal Lath Manufacturer's Specifications". American National Standards Specifications for Portland Association, "Standard 2. Institute, "ANSI A-42.2, Cement Stucco". 1.4 QUALITY ASSURANCE 1. Performance and Testing 1. In addition to the reference listed in Section 1.03 of the Specifications, installation and application of materials are subject to field testing at the discretion of the project Architect to assure compliance with Specifications. Cost to be borne by Owner unless test results reveal noncompliance with Specifications. Any work found not meeting strength, fastening, thickness, framing and mixtures will be replaced at no cost to Owner, including cost of retesting. 1.5 SUBMITTALS 1. Provide on drawings. application. ) 2 - 24" x 24" samples each of finish as shown (AlE to approve prior to starting stucco 2. Provide: 1 - 12" long piece of expansion joint, corner bead, etc., to be used. 31 Karch 2001 09210 - 1 City of Miami Beach North Shore Park AD Youth Center 9753.101 1.6 PRODUCT DELIVERY, STORAGE AND HANDLING 1. Refer to Section 01600 - Material and Equipmen~ 2. Deliver manufactured materials in original unopened packages or containers, with manufacturer's label intact and legible. 3. Keep cement and lime dry, stored off ground, under cover and away from damp surfaces. 4. Remove wet and deteriorated materials from project site. PART - 2 - PRODUCTS 2.1 Stucco Materials 1. Portland cement shall be as per ASTM CISO, Type 1. 2 . Masonry cement shall be as per ASTM C91. 3 . C206, Special finishing hydrated lime shall be as per ASTM Type "S". 4. Water repellant shall be "Stearox" by Master Builders, or approved equal. S. Water: Clean, fit to drink. It shall also be free of any harmful amounts of acids, alkalies, salts or organic materials, which may affect set of cement stucco. 6. Sand recommended Association shall conform to ASTM C144, for speciZic application, for cement stucco work. gradation shall be as by Portland Cement 7. _Bonding agent shall be water-based emulsion type with color dye for identification purposes, as recommended by manufacturer and Portland Cement Association. 2.2 ACCESSORIES 1. Refer to Specification Section 09204: Accessories. Plaster 31 March 2001 09210 - 2 City of Miami Beach Harth Shore Park An Youth Center 9753.101 PART - 3 - EXECUTION 3,1 APPLICATION 1. Clean and remove loose particles, grease, oil, acid or foreign matter, Surfaces to have sufficient roug~ness to provide proper bond. 2. Apply flat expanded diamond mesh metal lath on all concrete, masonry and metal framing systems requiring stucco. 3. Do not retemper or use partially set cement stucco mix. Clean mixer or mixing box before loading new batch. 4. Mechanical mixing shall be provided as per recommended practice by Portland Cement Association and manufacturer. 5. Mill mixed stucco shall be used as per manufacturer's printed directions and recommendations. 6. Hand and machine application provided as per recommended practice Association and manufacturer. of by stucco shall be Portland Cement 7. Application of stucco directly to concrete and block wall surfaces: Provide as per recommended practice by Portland Cement Association and manufacturer. 1. Masonry to receive stucco finish shall be well cured and dried to eliminate shrinkage cracking to extent practical. Prior to applying stucco, block walls are to receive approved block primer then evenly dampened but not saturated. 2. Examine masonry surfaces to ensure good bond of stucco before starting of any work. If evidence of poor bond exists, obtain good bond by use of bonding agent as per manufacturer's instructions. 3. Stuc~o applied directly over concrete surfaces: Treated with bonding agent mixed with dye, applied in full conformance with manufacturer's written instructions. 8~ Install Clintoncloth minimum of 8 inches each side of joint between concrete and block. 9. Casing Beads: 1. Install on internal corners where stucco abuts concrete columns, walls and where indicated on drawings. 31 March 2001 09210 - 3 City of Xi ami Beach North Shore Park AD Youth Center 9753.101 10. Reveal and Expansion Screed at Soffit Edges: Secure to block with galvanized stub nails 8 inches o,c. and to metal lath with 18 gauge wire at 6 inches o,c. 11. Corner Beads: Provide at external corners of stucco and portland cement plaster plastered areas on meta~ lath, secure corner beads to metal lath with No. 18 gauge wire 6 inches o.c. Secure corner beads to masonry with galvanized stub nails 8 inches o.c. 12. Control Joints: 1. Control joints in walls as indicated on contract documents. If not indicated every 20 feet center to center, horizontally and vertically. 3.2 STUCCO APPLICATION 1. Commencement of work shall be considered as acceptance of surfaces and conditions of work, 2. All parts for cement stucco mix shall be by volume unless otherwise noted or directed. 1. Cement stucco shall consist of 1 part Portland cement, 3 to 5 parts damp loose aggregate, 1/4 part hydrated lime. 2. Work shall be three (3) coat application. 3. Thickness shall be not less than 3/4". 4. Prepare trial mixes, sample panels as specified, directed by Architect to check workability, adhesion, nonsagging properties, texture, finish. 3. Cement stucco work shall be as per recommendations of Portland Cement Association, as specified herein and manufacturer's written instructions, 4. Apply scratch coat 1/4" thick with sufficient pressure to form good bond, then scratch uniformly for good mechanical bond with second coat. Scratch coat shall be moist cured for 48 hours before application of brown coat, and allowed to dry. s. Apply scratch coat, leave rough. then allowed brown coat 1/4" thick over evenly dampened bring to true surface by floating or rodding, Brown coat shall be moist cured for 48 hours and to dry. 6. Apply finish coat 1/4" thick by machine application, 31 Karch 2001 09210 - 4 City of Miami Beach Horth Shore Park AD Youth Center 9753.101 evenly and uniformly to produce texture finish matching Architect's selected sample, Moist cure for 48 hours as per Portland Cement Association "Curing" Standards. 7. Block masonry surfaces shall be broomed off, dusted clean, wet down inunediately before stucco application... Remove efflorescence by washing with cleaning compound reconunended by manufacturer. 8. Grounds and accessories shall be carefully examined and shall be straight, plumb, level, square and true to required angles. 9. Complete surfaces shall be cleaned of <;lust, efflorescence by washing with approved compound and water. Remove oil or grease with naphtha or mineral spirits, and make ready to receive finish painting under Section 09900. 3 .3 CUTTING AND PATCHING 1. Do cutting, patching, repairing, pointing up stucco work, after other work is in place. CUt out injured portions, cracks, other defects; repair in satisfactory manner. Point around fixtures, outlet boxes, switches, receptacle boxes, other appliances abutting or extending into stucco. 3 .4 PROTECTION 1. Finished work shall be protected against damage, freezing, drying out prematurely. Protect work from being damaged or stained by other trades. Repair or replace damaged or defective or soiled work at no additional cost and satisfactorily to the Architect. 2. Provide, maintain protection of materials, of installed items adjacent to work on this section. Be responsible for damages to adjacent materials. Damaged materials shall be repaired or replaced at no additional costs as a result of work under this section. 3 . 5 CLEANING 1. Promptly clean surfaces spattered with cement stucco materials. Upon completion of stucco work, remove materials, equipment from building; leave work in clean, satisfactory condition. BND OF SBCTIOB 09210 31 March 2001 09210 - 5 City of Xiami Beach Borth Shore Park An Youth Center 9753.101 SBCTION 08800 GLAZING PART - 1 - GENERAL 1.1 RELATED DOCUMENTS 1. Drawings and general prov~s~ons of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections apply to this Section. 1.2 SUMMARY 1. This Section includes glazing for th~ following products, including those specified in other Sections where glazing requirements are specified by reference to this Section: 1. Window units 2. Vision lites 3. Entrances and other doors 4. Storefront construction 2, Related Sections: The following sections contain requirements that relate to this Section: 1. Division 8 Section Terrace/Balcony Doors." "Aluminum Windows and 1.3 DEFINITIONS 1. Manufacturer is used in this Section to refer to a firm that produces primary glass or fabricated glass as defined in the referenced glazing standard. 2. Deterioration of Coated Glass: Defects developed from normal use that are attributed to the manufacturing process and not to causes other than glass breakage and practices for maintaining and cleaning coated glass contrary to manufacturer's directions. Defects include peeling, cracking, and other indications of deterioration in metallic coating. 3. Deterioration of Laminated Glass: Defects developed from normal use that are attributed to the manufacturing process and not to glass breakage and practices for maintaining and cleaning laminated glass contrary to manufacturer I s directions. Defects include edge 31 March 2001 08800 - 1 Ci ty of Miami Beach North Shore Park An Youth Center 9753.101 separation, delamination materially obstructing vision through glass, and blemishes exceeding those allowed by referenced laminated glass standard. 4. Deterioration of Insulating Glass: Failure of the hermetic seal under normal use due to causes o~her than glass breakage and improper practices for maintaining, and cleaning insulating glass. Evidence of failure is the obstruction of vision by dust, moisture, or film on the interior surfaces of glass. Improper practices for maintaining and cleaning glass do not comply with the manufacturer's directions. 1.4 SYSTEM PERFORMANCE REQUIREMENTS 1, General: Provide glazing systems that are produced, fabricated, and installed to withstand normal thermal movement, wind loading, and impact loading, without failure including loss or glass breakage attributable to the following: defective manufacture, fabrication, and installation; failure of sealants or gaskets to remain watertight and airtight; deterioration of glazing materials; and other defects in construction. 2. Glass Design: Glass thicknesses indicated on Drawings are for detailing only. Confirm glass thicknesses by analyzing Project loads and in-service conditions. Provide glass lites for the various size openings in the thicknesses and strengths (annealed or heat-treated) to meet or exceed the following criteria: 1. Minimum glass thickness, nominally, of lites in exterior walls is 15 rom (0.56 inch). 2. Tinted and heat-absorbing glass thicknesses for each tint indicated are the same throughout Project. 3. Minimum glass thicknesses of lites, whether composed of annealed or heat-treated glass, are selected so the worst-case probability of failure does not exceed the following: 1. 8 lites per 1000 for lites set vertically or not over 15 degrees off vertical and under wind action, Determine minimum thickness of monolithic annealed glass according to ASTM E 1300. For other than monolithic annealed glass, determine thickness per glass manufacturer's standard method of analysis including applying adjustment factors to ASTM 31 March 2001 08800 - 2 Ci ty of Miami Beach .North Shore Park An Youth Center 9753.101 E 1300 based on type of glass. 4. Comply with requirements of ASCE 7-88 South Florida Building Code and assemblies shall pass impact wind and cyclic testing per Dade County Product Approval. 3. Normal thermal movement results from the followiQ,g maximum change (range) in ambient and surface temperatures acting on glass-framing members and glazing components. Base engineering calculation on materials' actual surface temperatures due to both solar heat gain and nighttime sky heat loss. 1. Temperature Change (Range): 120 deg F (67 deg C), ambient; 180 deg F (100 deg C), material surfaces. 1.5 SUBMITTALS 1. General: Submit the following according to Conditions of Contract and Division 1 Specification Sections. 2. Product data for each glass product and glazing material indicated. 3. Samples for verification purposes of 12-inch-square samples of each type of glass indicated except for clear monolithic glass products, and 12-inch-long samples of each color required (except black) for each type of sealant or gasket exposed to view. Install sealant or gasket sample between two strips of material representative in color of the adjoining framing system. 4. Product certificates manufacturers certifying specified requirements. signed by glazing materials that their products comply with 1. Separate certifications are not required for glazing materials bearing manufacturer's permanent labels designating type and thickness of glass, provided labels represent a quality control program of a recognized certification - agency or independent testing agency acceptable to authorities having jurisdiction. 5. Compatibility and adhesion test reports from sealant manufacturer indicating that glazing materials were tested for compatibility and adhesion with glazing sealants, Include sealant manufacturer's interpretation of test results relative to sealant performance and 31 March 2001 OBBOO - 3 Ci ty of Miaai Beach North Shore Park An Youth Center t753.101 recommendations for primers and substrate preparation needed for adhesion. 6. Compatibility test report from manufacturer of insulating glass edge sealant indicating that glass edge sealants were tested for compatibility with other glazing materials including sealants, glazing tape, ~gaskets, setting blocks, and edge blocks. 7. Product test reports for each type of glazing sealant and gasket indicated, evidencing compliance with requirements specified. 8. Maintenance data for glass and other glazing materials to include in Operating and Maintenance Manual specified in Division 1. 1.6 QUALITY ASSURANCE 1. Glazing Publications: Comply with published recommendations of glass product manufacturers and organizations below, except where more stringent requirements are indicated. Refer to these publications for glazing terms not otherwise defined in this Section or in referenced standards. 1. FGMA Publications: "FGMA Glazing Manual." 2. LSGA Publications: "LSGA Design Guide." 3. SIGMA Publications: TM-3000 "Vertical Glazing Guidelines" and TB-3001 "Sloped Glazing Guidelines." 2. Safety Glass: Products complying with ANSI Z97.1 and testing requirements of 16 CFR Part 1201 for Category II materials. 1. Subject to compliance with requirements, provide safety glass permanently marked with certification label of Safety Glazing Certification Council (SGCCl or other certification agency acceptable to authorities having jurisdiction. 3. Fire-Resisti ve Glazing Products for Door Assemblies: Products identical to those tested per ASTM E 152, labeled and listed by UL or another testing and inspecting agency acceptable to authorities having jurisdiction. 4. Fire-Resisti ve Glazing Products for Window Assemblies: 31 March 2001 . 08800 - 4 Ci qr o~ Miami Beach Harth Shore Park An Youth Center 1753.101 Products identical to those tested per ASTM E 163, labeled and listed by UL or another testing and inspecting agency acceptable to authorities having jurisdiction. 5. Insulating Glass Certification Program: insulating glass units permanently marked spacers or at least one component lite of appropriate certification label of inspecting agency indicated below: Provide ei ther on units with and testing 1. Insulating Glass Certification Council (IGCC). 2. Associated Laboratories, Inc. (ALI). 3. National Certified Testing Laboratories (NCTL). 6. Glazier Qualifications: Engage an experienced glazier who has completed glazing similar in material, design, and extent to that indicated for Project with a record of successful in-service performance. 7. Single-Source Responsibility for Glass: Obtain glass from one source for each product indicated below: 1. Primary glass of each (ASTM C 1036) type and class indicated. 2. Heat-treated glass of each (ASTM C 1048) condition indicated. 3. Laminated glass of each (ASTM C 1172) kind indicated. 4. Insulating glass of each construction indicated. 8. Single-Source Responsibility for Glazing Accessories: Obtain glazing accessories from one source for each product and installation method indicated. 9. Preconstruction Compatibility and Adhesion Testing: Submit to sealant manufacturers, samples of each glass, gasket, glazing accessory, and glass-framing member that will contact or affect glazing sealants for compatibility and adhesion testing as indicated below: 1. Use test methods standard with sealant manufacturer to determine if priming and other specific preparation techniques are required for rapid, optimum glazing sealants adhesion to glass and glazing channel substrates. 1. Perform tests under normal conditions during installation. environmental 31 March 2001 08800 - 5 Ci i:y of Miami Beach North Shore Park An Youth Center 9753.101 2. Submi t not less than nine pieces of each type and finish of glass-framing members and each type, class, kind, condition, and form of glass (monolithic, laminated, insulating units) for adhesion testing, as well as one sample of each glazing ~ccessory (gaskets, setting blocks and spacers) for compatibility testing. 3. Schedule sufficient time to test and analyze results to prevent delay in the Work. 4. Investigate materials failing compatibility or adhesion tests and get sealant manufacturer's written recommendations for corrective measures, including using special primers. 5. Testing is not required when glazing sealant manufacturer can submit required preparation data that is acceptable to Architect and is based on previous testing of current sealant products for adhesion to and compatibility with submitted glazing materials. 10. Pre-Installation Conference: Project site to comply with Section "Project Meetings." Conduct conference at requirements of Division 1 1.7 DELIVERY, STORAGE AND HANDLING 1. Protect glazing materials to comply with manufacturer's directions and as needed to prevent damage to glass and glazing materials from condensation, temperature changes, direct exposure to sun, or other causes. 1. Where insulating glass units will be exposed to substantial altitude changes, comply with insulating glass fabricator I s recommendations for venting and sealing to avoid hermetic seal ruptures. 1.8 PROJECT CONDITIONS 1. Environmental Conditions: Do not proceed with glazing when ambient and substrate temperature conditions are outside the limits permitted by glazing materials manufacturer or when glazing channel substrates are wet from rain, frost, condensation, or other causes. 1 . 9 WARRANTY 1, General: Warranties specified in this Article shall not 31 March 2001 08800 - 6 City of ~ami Beach North Shore Park An Youth Center 1753.101 deprive the Owner of other rights the Owner may have under other provisions of the Contract Documents and will be in addition to and run concurrent with other warranties made by the Contractor under requirements of the Contract Documents. 2. Manufacturer's Warranty on Coated Glass Products: Submit written warranty signed by coated glass manufacturer agreeing to furnish replacements for those coated glass units that deteriorate as defined in "Definitions" article, f. o. b, point of manufacture, freight allowed Project site, within specified warranty period indicated below. Warranty covers only deterioration due to normal conditions of use and not to handling, installing, and cleaning practices contrary to glass manufacturer's published instructions. 1, Warranty Period: Manufacturer's standard but not less than 5 years after date of Substantial Completion. 3. Manufacturer's Warranty on Laminated Glass: Submit written warranty signed by insulating glass manufacturer agreeing to furnish replacements for those laminated glass units that deteriorate as defined in the "Definitions" article, f.o.b. point of manufacture, freight allowed Project site, within specified warranty period indicated below. Warranty covers only deterioration due to normal conditions of use and not to handling, installing, and cleaning practices contrary to glass manufacturer's published instructions, 1. Warranty period: Manufacturer's standard but not less than 5 years after date of Substantial Completion. 4. Manufacturer's Warranty on Insulating Glass: Submit written warranty signed by manufacturer of insulating glass agreeing to furnish replacements for insulating glass units that deteriorate as defined in "Definitions" article, f. o. b. point of manufacture, freight allowed Project site, within specified ~arranty period indicated below. Warranty covers only deterioration due to normal conditions of use and not to handling, installing, protecting, and maintaining practices contrary to glass manufacturer's published instructions. 1. Warranty Period: Manufacturer's standard but not less than 10 years after date of Substantial Completion. 31 March 2001 08800 - 7 Ci ty of Miaai Beach Horth Shore Park An Youth Center 1'753.101 PART - 2 - PRODUCTS 2.1 MANUFACTURERS 1. Available Products: Subject to compliance with requirements, products that may be incorporated in the Work include, but are not limited to, the products specified in Product Data Sheets at end of this Section. 2.2 PRIMARY FLOAT GLASS PRODUCTS 1. Float Glass: flat), Class select) , ASTM C 1036, Type I (transparent glass, as indicated below, and Quality q3 (glazing 1, Class 1 (clear) unless otherwise indicated. 2, Refer to Primary Clear Float Glass Product Data Sheet for Class 1 uncoated tinted glass for monolithic glazing. 3. Refer to Primary Tinted Float Glass Product Data Sheet for tint color and nominal performance characteristics of Class 2 uncoated tinted glass for monolithic glazing relative to visible light transmittance, U-values, shading coefficient, and visible reflectance. 2,3 HEAT-TREATED FLOAT GLASS PRODUCTS, GENERAL 1. Fabrication Process: process with roll-wave of glass as installed, By horizontal (roller-hearth) distortion parallel to bottom edge unless otherwise indicated. 2.4 HEAT-TREATED FLOAT GLASS 1. Uncoated, Clear, Heat-Treated Float Glass: Condition A (uncoated surfacesl, Type I glass, flat), Class 1 (clear), Quality select), kind as indicated below, ASTM C 1048, (transparent q3 (glazing 1. Kind FT (fully tempered) where indicated. 2. Kind FT (fully tempered) where indicated. 2. Coated, Clear, Heat-Treated Float Glass: ASTM C 1048, Condition C (other coated glass), Type I (transparent glass, flat), Class 1 (clear), Quality q3 (glazing select), with coating type and performance characteristics complying with requirements specified 31 March 2001 08800 - 8 Ci ty o~ Mi..i Beach North Shore Park An Youth Center 1753.101 under coated glass products; kind as indicated below: 1. Kind FT (fully tempered) where indicated. 3, Available Manufacturers: Subject to compliance with requirements, manufacturers offering heat-treated gla~s products that may be incorporated in the Work include, but are not limited to, the following companies: 1. AFG Industries, Inc. 2. Artistic Glass Products Co, 3. Cardinal IG 4. Saint-Gobain 5. Falconer Glass Industries 6. Glasstemp, Inc. 7. Guardian Industries Corp, 8. HGP Industries 9. PPG Industries, Inc. 10. Spectrum Glass Products, Inc. 11. Tempglass 12. Viracon, Inc. 2.5 WIRED GLASS Wired Glass: ASTM C 1036, Type II (patterned and wired glass, flat), Class 1 (clear), Quality q8 (glazing); 6 mm (0.23 inch) thick; of form and mesh pattern indicated below: 1. Polished Wired Glass: Form 1 (wired, polished both sides), and as follows: 1. Mesh m1 (diamond) 2. Available Manufacturers: Subject to compliance with requirements, manufacturers offering wired glass products that may be incorporated in the Work include, but are not limited to, the following companies: 1. Polished Wired Glass: 1. Ashai Glass Co. 2. Central Glass Co., Ltd. 3. Nippon Sheet Glass Ltd. 4. Pilkington Sales (North America) Ltd. 2.6 LAMINATED GLASS PRODUCTS 31 March 2001 08800 - 9 Ci ty of Mi...i Beach Nor~h Shore Park An Yout:h C.n~.r 1153.101 1. Laminated Glass Products: Comply with ASTM C 1172 for kinds of laminated glass indicated and other requirements specified, including those in Laminated Glass Product Data Sheet at the end of this Section. Refer to primary and heat-treated glass requirements relating to properties of glass products comprising laminated glass products, 2, Interlayer: Interlayer material as indicated below, in clear or colors, and of thic~ness indicated with a proven record of no tendency to bubble, discolor, or lose physical and mechanical properties after laminating glass lites and installation, 1. Interlayer Material: Polyvinyl butyral sheets. 2. Available Products: Subject to compliance with requirements, the plastic interlayer products that may be incorporated in the Work include, but are not limited to the following: 1. Polyvinyl Butyral Interlayer: 1) Saflex, Monsanto Co. 2) Butacite, E. I. du Pont de Nemours & Co., Inc. 2. Urethane Acrylate Resin: 1) Uvekol, UCB Chemicals Corp. 3. ~aminating Process: Fabricate laminated glass to produce ]lass free of foreign substances and air or glass pockets as follows: 1, Laminate lites with polyvinyl butyral interlayer in autoclave with heat plus pressure. 2.7 INSULATING GLASS PRODUCTS 1. Sealed Insulating Glass -consisting of organically by dehydrated air spaces with other requirements Insulating Glass Product Section. Units: Preassembled units sealed lites of glass separated complying with ASTM E 774 and indicated, including those in Data Sheet at the end of this 1. For properties of individual glass lites making up units, refer to requirements specified elsewhere in this Section applicable to types, classes, kinds, and 31 March 2001 08800 - 10 Ci ~y of Hi..i Beach Nor~h Shore Park An rou~h Cen~.r 1753.101 conditions of glass products comprising lites of insulating glass units. 2. Performance characteristics designated for coated insulating glass are nominal values based on manufacturer I s published test data for units with lites 6,0 mm (0.23 inch) thick and nominal 1/2-inch dehydrated space between lites, unless otherwise indicated. 2.8 FIRE-RESISTIVE GLAZING PRODUCTS 1. Fire-Resistive, Gel-Filled, Dual-Glazed Units: Proprietary product consisting of two lites of Condition ,A (uncoated surfaces), Type I (transparent glass, flat), Class 1 (clear), Kind FT (fully tempered) float glass, each lite 6.0 mm (0.23 inch) thick, with a perimeter metal spacer separating lites and dual edge seal, enclosing cavity filled completely with clear, fully transparent, heat-absorbing gel. 1. Fire-Resistance: As follows, determined by testing identical products in metal-framed assemblies per ASTM E 119 by a testing and inspecting agency acceptable to authorities having jurisdiction: 1. 30 minutes for units 31.0 rom in overall thickness, plus or minus 1.5 rom. 2. Product: Subj ect to compliance with requirements, provide the following product: 1. Contraflam 30, Saint-Gobain. 2.9 ELASTOMERIC GLAZING SEALANTS 1. General: Provide products of type indicated, complying with the following requirements: 1. Compatibility: Select glazing sealants and tapes of proven compatibility with other materials they will contact, including glass products, seals of insulating glass units, and glazing channel substrates, under conditions of installation and service, as demonstrated by testing and field 31 March 2001 08800 - 11 Ci ty o~ Miaai Beach North Shore Park An Youth Center "53.101 experience. 2. Suitability: Comply with sealant and glass manufacturer's recommendations for selecting glazing sealants and tapes that are suitable for applications indicated and conditions existing at time of installation, 3. Colors: Provide color of exposed joint sealants to comply with the following: 1. Provide select ions made by Architect from manufacturer's full range of standard colors for products of type indicated. 2. Elastomeric Glazing Sealant Standard: Provide manufacturer's standard chemically curing, elastomeric sealants of base polymer indicated that comply with ASTM C 920 requirements indicated on each Elastomeric Glazing Sealant Product Data Sheet at the end of this Section, including those referencing ASTM classifications for Type, Grade, Class and Uses. 1. Additional Movement Capability: Where additional movement capability is specified in Elastomeric Glazing Sealant Product Data Sheet, provide products, when tested for adhesion and cohesion under maximum cyclic movement per ASTM C 719, with the capability to withstand the specified percentage change in the joint width existing at time of installation and remain in compliance with other requirements of ASTM C 920 for uses indicated. 3. Glazing Sealant for Fire-Resistant Glazing Products: Identical to product used in test assembly to obtain fire-resistive rating. 2,10 GLAZING TAPES 1. Back-Bedding Mastic Glazing Tape: Preformed, butyl-based elastomeric tape with a solids content of 100 percent, nonstaining and nonmigrating in contact with nonporous surfaces, -with or without spacer rod as recommended by tape and glass manufacturers for application indicated, packaged on rolls with a release paper backing, and complying with AAMA 800 for products indicated below: 1. AAMA 806.1 2. Expanded Cellular Glazing Tape: Closed-cell, polyvinyl 31 March 2001 08800 - 12 Ci ty of Miami Beach North Shore Park An Youth Center 3. 2.11 1. 1'753.101 chloride foam tape, factory coated with adhesive on both surfaces, packaged on rolls with release liner protecting adhesive and complying with AAMA 800 for product 810.5. Available Products: requirements, glazing the Work include, but Subj ect to tape that may is not limited compliance with be incorporated in to, the following: 1. Back-Bedding Mastic Glazing Tape Without Spacer Rod: 1. Dyna-Seal, Pecora Corp. 2. PTI 626 Architectural Sealant Tape, Protective Treatments, Inc. 3. S-M 5710 H.P Poly-Glaze Tape Sealant, Schnee-Morehead, Inc. 4, SST-800 Tape, Tremco, Inc. 2. Back-Bedding Mastic Glazing Tape With Spacer Rod: 1. PTI 606 Architectural Sealant Tape, Protective Treatments, Inc. 3. Expanded Cellular Glazing Tape: 1. Norseal V-980 Closed-Cell Glazing Tape, Norton Company GLAZING GASKETS Lock-Strip Gaskets: Neoprene extrusions in size and shape indicated, fabricated into frames with molded corner units and zipper lock strips, complying with ASTM C 542, black. 1, Neoprene, ASTM C 864 2. EPDM, ASTM C 864 3. Silicone, ASTM C 1115 4. Thermoplastic polyolefin rubber, ASTM C 1115 5. Any material indicated above 2, Soft Compression Gaskets: Extruded or molded close~-cell, integral-skinned gaskets of material indicated below, complying with ASTM C 509, Type II, black, and of profile and hardness required to maintain watertight seal: 1. Neoprene 2. EPDM 3. Silicone 4. Thermoplastic polyolefin rubber 5. Any material indicated above 31 March 2001 08800 - 13 Ci ~y of Miami Beach North Shore Park An Youth Center t753.101 3. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated in the work include, but are not limited to, the following companies: 1. Lock-Strip Gaskets: 1. Stanlock Div., Griffith Rubber Mills. 2. Preformed Gaskets: 1. Advanced Elastomer Systems, L.P. 2. Schnee-Morehead, Inc. 3. Tremco, Inc. 2.12 MISCELLANEOUS GLAZING MATERIALS 1. General: Provide products of material, size, and shape complying with referenced glazing standard, requirements of manufacturers of glass and other glazing materials involved for glazing application indicated, and with a proven record of compatibility with surfaces contacted in installation. 2. Cleaners, Primers and Sealers: sealant or gasket manufacturer. Type recommended by 3. Setting Blocks: Elastomeric material with a Shore A durometer hardness of 85 plus or minus 5. 4. Spacers: Elastomeric blocks or continuous extrusions with a Shore A durometer hardness required by glass manufacturer to maintain glass lites in place for installation indicated. 5. Edge Blocks: Elastomeric material of hardness needed to limit glass lateral movement (side-walking). 6. Plastic Foam Joint Fillers: Pref<?rmed, compressible, resilient, nonstaining, nonextruding, nonoutgassing, strips of closed-cell plastic foam of density, size, and shape to control sealant depth and otherwise contribute to produce optimum sealant performance. 7. Perimeter Insulation for Fire-Resistive Glazing: 31 March 2001 09800 - 14 Ci ty of Miami Beach North Shore Park An Youth Center 2.13 1. 2. 1753.101 Identical to product used in test assembly to obtain fire-resistive rating. FABRICATION OF GLASS AND OTHER GLAZING PRODUCTS Fabricate glass and other glazing products in sizes required to glaze openings indicated for Project, with edge and face clearances, edge and surface conditions, and bite complying with recommendations of product manufacturer and referenced glazing standard as required to comply with system performance requirements. Clean cut or flat grind vertical edges of butt-glazed monolithic lites in a manner that produces square edges with slight kerfs at junctions with indoor and outdoor faces, PART - 3 - EXECUTION 3.1 EXAMINATION 1. Examine glass framing, with glazier present, compliance with the following: for 1. Manufacturing and installation tolerances, including those for size, squareness, offsets at corners, 2, Presence and functioning of weep system. 3, Minimum required face or edge clearances. 4. Effective sealing between joints of glass-framing members. 2, Do not proceed with glazing until unsatisfactory conditions have been corrected. 3.2 PREPARATION 1, Clean glazing channels and other framing members receiving glass immediately before glazing. Remove coatings that are not firmly bonded ~o substr~tes, 3.3 GLAZING, GENERAL 1. Comply with combined recommendations of manufacturers of glass, sealants, gaskets, and other glazing materials, except where more stringent requirements are indicated, including those in referenced glazing publications. 31 March 2001 08800 - 15 Ci~y of Miami Beach Nor~h Shore Park AD Youth Center 9753.101 2. Glazing channel dimensions as indicated on Drawings provide necessary bite on glass, minimum edge and face clearances, and adequate sealant thicknesses, with reasonable tolerances. Adj ust as required by Project conditions during installation. 3. Protect glass from edge damage during handling and installation as follows: 1, Use a rolling block in rotating glass units to prevent damage to glass corners. Do not impact glass with metal framing. Use suction cups to shift glass units within openings; do not raise or drift glass with a pry bar. Rotate glass lites with flares or bevels on bottom horizontal edges so edges are located at top of opening, unless otherwise indicated by manufacturer's label. 2. Remove damaged glass from Project site and legally dispose of off site, Damaged glass is glass with edge damage or other imperfections that, when installed, weaken glass and impair performance and appearance. 4. Apply primers to joint surfaces where required for adhesion of sealants, as determined by preconstruct ion sealant-substrate testing. 5. Install elastomeric setting blocks in sill rabbets, sized and located to comply with referenced glazing standard, unless otherwise required by glass manufacturer. Set blocks in thin course of compatible sealant suitable for heel bead, 6. Do not exceed edge pressures stipulated by glass manufacturers for installing glass lites. 7. Provide spacers for glass sizes larger than 50 united inches (length plus height) as follows: 1. Locate spacers inside, outside, and directly opposite each other. Install correct size and spacing to preserve required face clearances, except where gaskets and glazing tapes are used that have demonstrated ability to maintain required face clearances and comply with system performance requirements. 2. Provide lIS-inch minimum bite of spacers on glass and 31 March 2001 08800 - 16 Ci ty oE Miaai Beach North Shore Park An Yout:h Center 8. 9. 10. 11. 3,4 1. 2. 1753.101 use thickness equal to sealant width. tape, use thickness slightly less compressed thickness of tape. With glazing than final Provide edge blocking to comply with requirements of referenced glazing publications, unless otherwise required by glass manufacturer. Set glass lites in each series with uniform pattern, draw, bow, and similar characteristics. Where wedge-shaped gaskets are driven into one side of channel to pressurize sealant or gasket on opposite side, provide adequate anchorage so gasket cannot walk out when installation is subjected to movement, Square cut wedge-shaped gaskets at corners and install gaskets in manner recommended by gasket manufacturer to prevent corners from pulling away; seal corner joints and butt joints with sealant recommended by gasket manufacturer. TAPE GLAZING Position tapes on fixed stops so that when compressed by glass their exposed edges are flush with or protrude slightly above sightline of stops. Install length. tapes continuously but not in one continuous Do not stretch tapes to make them fit opening. 3. Where framing joints are vertical, cover these joints by applying tapes to heads and sills first and then to jambs. Where framing joints are horizontal, cover these joints by applying tapes to jambs and then to heads and sills. 4. Place joints in tapes at corners of opening with adjoining lengths butted together, not lapped. Seal joints in tapes with compatible sealant approved _ by tape manufacturer. 5. Do not remove release paper from tape until just before each lite is installed. 6. Apply heel bead of elastomeric sealant. 7. Center glass lites in openings on setting blocks and press 31 March 2001 08800 - 17 Ci ty o~ Miami Beach North Shore Park An Youth Center ''753.101 firmly against tape by inserting dense compression gaskets formE:d and installed to lock in place against faces of removable stops. Start gasket applications at corners and work toward centers of openings. 8. Apply cap bead of elastomeric sealant over exposed edge of tape. 3.5 GASKET GLAZING (DRY) 1. Fabricate compression gaskets in lengths recommended by gasket manufacturer to fit openings exactly, with stretch allowance during installation. 2. Secure compression gaskets in place with joints located at corners to compress gaskets producing a weathertight seal without developing bending stresses in glass. Seal gasket joints with sealant recommended by gasket manufacturer. 3. Install gaskets so they protrude past face of glazing stops, 3.6 SEALANT GLAZING (WET) 1, Install continuous spacers between glass lites and glazing stops to maintain glass face clearances and to prevent sealan~ from extruding into glass channel weep systems until sealants cure. Secure spacers in place and in position to control depth of installed sealant relative to edge clearance for optimum sealant performance. 2, Force sealants into glazing channels to eliminate voids and to ensure complete wetting or bond of sealant to glass and channel surfaces. 3. Tool exposed surfaces of sealants to provide a substantial wash away from glass. Install pressurized gaskets to protrqde slightly out of channel to eliminate dirt and moisture pockets. 3,7 LOCK-STRIP GASKET GLAZING 1. Comply with ASTM C 716 and gasket manufacturer's printed recommendations. Provide supplementary wet seal and weep system unless otherwise indicated, 31 March 2001 08800 - 18 Ci ~y o~ Miaai Beach Nor~h Shore Park An Youth Cen~er ''753.101 3.8 PROTECTION AND CLEANING 1. Protect exterior glass from breakage immediately after installation by attaching crossed streamers to framing held away from glass. Do not apply markers to glass surface. Remove nonpermanent labels, and clean surfaces. 2. Protect glass from contact with contaminating substances resul ti ng from construction operations including weld splatter. If, despite such protection, contaminating substances do come into contact with glass, remove them immediately as recommended by glass manufacturer. 3. Examine glass surfaces adj acent to or below exterior concrete and other masonry surfaces at frequent intervals during construction, but not less than once a month, for build-up of dirt, scum, alkali deposits, or stains, and remove as recommended by glass manufacturer. 4, Remove and replace glass that is broken, chipped, cracked, abraded, or damaged in any way, including natural causes, accidents and vandalism, during construction period, 5. Wash glass on both faces in each area of Project not more than 4 days prior to date scheduled for inspections that establish date of Substantial Completion. Wash glass as recommended by glass manufacturer. END OF SECTZON 08800 31 March 2001 08800 - 19 Ci ~ of Miami Beach North Shore Park An Youth Center SECTION 13413 PRECAST PRESTRESSED CONCRETE JOISTS AND BEAMS PART I GENERAL 1.01 SUMMARY A. This section includes cast-in-place concrete, slab and beam forming other than as specified herein. 1.02 QUALITY ASSURANCE A. Fabricator: A recognized prestressed c:cmcrete manufacturer whose design, fabrication and erection operations are supervised by a Florida Registered Professional Engineer. 1.03 SUBMIlTALS A. Shop Drawings: Submit shop and erection drawings for approval, showing concrete design strength; unit dinensions; unit weights; size, m.anber, location and stress in prestressing strands; size, number and location of reinforcing bars including reinforcing for erection and handling stresses; concrete cover over reinforcing and strands; bearing and anchorage details; size and locations of holes for slab fonn support pins; concrete finish; curing method; erection marks; joist points and shoring points. B. Design Calculations: Submit for approval, neat, legible and complete design calculations prior to fabrication. Calculations shall be by a Florida Professional Engineer whose seal shaH appear on calculation sheets and shop drawings. Revise calculations if required by Project Architect I. Calculations shall include predicted in-place cambers without superimposed loads, with superimposed dead loads and with superimposed dead loads and live loads. 2. Span length in calculations shall be from center of bearing to center to center of bearing. C. Certificates: Submit manufacturer's test certificates on prestressing strands and reinforcing. D. Concrete Cylinder Tests: Submit copies of cylinder breaIc reports by an approved commercial test laboratory, made from each casting for this project to verifY that concrete has attained minimum ultimate prestressed transfer strength speclied. 1.04 PRODUCT DELIVERY, STORAGE AND HANDLING A. Delivery and Storage: Deliver and store units in upight position that will prevent significant stresses caused by delivery, storage and handling. B. Handling: Hoist units upright at pick-up points designated by manufacturer and with care to prevent chipping. Chipped and cracked members will not be acceptable, except that upon specif"tc approval. minor chips may be allowed in portions of members not exposed to view. PART 1 PRODUCTS 31 July 2000 03413 - I City of Miami Beach North Shore Park And youth Center 2.0 I MATERIALS A. Concrete: Minimum 7-day ultimate compressive strensth of 4000 psi higher :<<l",.gth will be pennitted to suit manufacturer's design. Use Type III Portland cement. In other respects. concrete iIaIl comply with requirements of Section 03300, Cast-in-Place Concrete. B. Prestressing Strands: High strength 7-wire strand confomUIg with ASTM A416. Elongation test confonning with ASTM A370 with minimum elongation at nJpture ofJ.5% in 24 incla. Tests need not be made if certifICation of conformance with specifications is provided by manufacturer. C. Reinforcing Steel: ASTM A6IS, Grade 60, deformed. D. Forms: I. Unit: Forms to provide smooth units true to size, shape and detail with flat planes. sharp lines and arises, free from warp, twist, bow or similar distortions, spaDing. broken edges or similar defects. Dimensional toll:rances to be as provided in ACI S2S standard minimum N1uirements for thin section precast concrete construction. 2. Slab forms between joists and beam side forms at end of joists: Provide use of manufacturer's standard forms complete with slab form support pins. Provide coordination of fonning. 2.02 FABRICATION A. Fabricate units in accordance with approved shop drawings and approved design calculations. B. Unit Design and Fabrication: I. Conform with ACI Standard 318 Building Code nquinments for reinforced concrete, the Pre- stressed Concrete Association Sl3ndards and the Standard Buildi'lg Code. 2. Fabricator shall design joists and beams in accordance with loads indicated on drawings. 3. Camber under dead load or deflection under total load shall not exceed 1/360 of span. C. Concrete Weight and Fire Rating: Concrete for other prestressed concrete units shall be of normal weight structural concrete and with appropriate concrete cover for reinforcing and strands to provide 2-hour tire rating. D. Inserts: Install hanger inserts and sleeves in unit forms for mechanical and electricallems as provided under other sections. E. Top Finish of Units Receiving Cast-In-Place Slab: Roughscreeded. Provide projecting stirrups and slab reinforcing support bar per manufacturer's composite action design. F. Curing: Top surface to receive water curing only. Sides and bottoms to be water cured or membrane cured using approved wax free type compound. Water cure units at least S days or cure until concrete reaches minimum specitied 7 day strength. 31 July 2000 03413 - 2 City of Miami Beach North Shore Park And YOUlh Center 0, Martini: DisIinc:tlvely mark each unt wfth manufacturer's name Ind mark indicated on erec:tion drawinas, K Age: Units shall be minimum 10 clays old before shipping or erecting. PART 3 EXECUTION 3.01 ERECTION A Erection to be by manufacturer or another rum with experience in this class of work, and supervised by manufilcturer's Florida Registered Professional Engineer, or his authodzed representative. Handle and install joists with precision, in confonnance with drawings, details and erection drawings. B. Shoring: Prior to pouri1g of slabs over units. supervise shoring of unit bottoms for composite action. Shoring to remain in place until cylinder tests indicate that specified concrete strength for slabs and secondary pours over beams have been attained. C. Fanning: Fwnish slab fann support pins for joist units, slab fonns between joists and beam side fonns between joists as required. D. Repairs: Repair nicks or chips in exposed areas which occur after inspection and approved by Project Architect. 3.02 CLEANING A After slab pouring is complete, clean exposed surfaces of units of stains to a unifonn appearance. Do not use caustic or acid cleaners. END OF SECI10N 31 July 2000 03413 - 3 City of Miami Beach North Shore Park And Youth Center .. 00500. SUPPlENENT TO Wl2aEN.QER FORM: THIS COMPLETED FORM SHOULD BE SUBlimED WITH THE BID, HOWEVER, ANY ADDITIONAL INFORMATION NOT INCLUDED IN THE SUBMITTED FORM AS DETERMINED IN THE SOLE DISCRETION OF THE CITY, SHALL BE SUBMITTED WITHIN SevEN (7) CALENDAR DAYS OF THE CITY'S REQUEST. QueSTIONNAIRE The undersigned authorized representative of the Bidder certifies the truth and accuracy of all statements and the answers contained herein. 1. How many years has your organization been in business while possessing one of the licenses, certifications, or registrations specified in Section 00405? LicenselCertificationlRegistration # Years 1A. Wlat business are you in? 2. Wlat is the last project of this nature that you have completed? 3. Have you ever failed to complete any work awarded to you? If so, where and why? 3A. Give owner names, addresses and telephone numbel:S. 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. BID NO: 58-88/81 DATE: 9/12/81 CITY OF MIAMI BEACH 28 (AlDeaded) 03000. ~ BID No. II OMH BID PROPOSAL FOR Construction of North Shore Park and Youth Center (BID FORM) The work to be performed under this Contract shall consist of furnishing all equipment materials, supplies, and manufactured articles for furnishing all transportation and services, including fuel, power, water and essential communications, and for the performance of all labor, work, or other operations required for the fulfillment of the Contract in strict accordance with the Contract Documents. TOTAL eASE BIQ Add Alternate ... TOTAL Alternate#1 (Baseball Dugouts) Add Alternate 12 TOTAL Alternate #2 (Conce$$ionslRestroom Conce$$ion Ext. Stair Restroom Ext. Stair Basketball Court) Add Alternate 13 TOTAL Alternate #3 (North Pavillion South Pavillion 3 Flagpoles Landscape Lighting) GRAND TOTAL BASE BID + ADD ALTERNATES ~) V\kitten Amount BID NO: 5'-00/81 DATE: 9/12/01 CITY OF MIAMI BEACH 122 (AlDeaded) DMSION 3. LOBBYISTS Sec:.1-481. Deftnitio.... The following words. tenns and phrases, when used in this division, shaI1 have the meanings ascn'bed to them in this section, except where the context clearly indicates a different IneaahlJg: Advisory personnel means the members of those city boards and agencies whose sole or primary responsibility is to reconunefld legislation or give advice to the City commissioners. AutonolTlOl.8 personnel inchdes but is oot Iirnited to the members of the housing auIhority, pe1soone1lxBd, pension boards, and such other autonomous or semi-autonomous authorities, boards and agencies as are entrusted with the day-to-day policy setting, operation and management of cer1ain defined fuoctions or areas of responsibility. Commissioners means the mayor and members of the City commission. Departmental personnel means the City manager, aIllmistant City managers, all department heads, the City attorney, chief deputy City attorney and all assistant City attorneys; however, all departmental personnel when acting in connection with administrative hearings shall not be included for purposes of this division. Lobbyist means all persons employed or retained. whether paid or not, by a principal who seeks to encourage the passage, defeat or modification of any ordinance, resolution, action or decision of any conunissioner; any action, decision, recommendation of any City board or committee; or any action, decision or recommendation of any personnel defined in any manner in this section, during the time period of the entire decisio~making process on such action, decision or recommendation that foreseeably will be heard or reviewed by the City conunission, or a City board or committee. The term specifically includes the principal as well as any agent, attorney, officer or employee of a principal. regardless of whether such lobbying activities fall within the nonna1 scope of employment of such agent, attorney, officer or employee. Quasi-judicial personnel means the members of the pIanoing board, the board of adjustment and such ocher boards and agencies of the City that perfonn such qusst.judicial functions. The nuisance abete..kJeat board, special ~ bearings and administrative bearings shall oot be included for purposes of this division. (Oni. No. 92-2777, 1,2, 3-4-92; Of(~. No. 92-2785," 1,2,6-17-92) Cross reference(s)--DefinitiOns generally,' 1-2. Sec. 2-482. Registration. (a) All lobbyists shalL before engaging in any lobbying activities, register with the City cla:k. Evay person required to register shall register on forms prepared by the clerk. pay a registration fee as specified in appendix A and state under oath: (I) His name; BID NO: 58-00101 DATE: 1012/01 CITY OF MIAMI BEACH I (2) His business address; (3) The name ani h.a.- address of eecl1 penon or emity ~ bas employed 1he ~cd to lobby; (4) The commissioner or personnel sought to be lobbied; and (5) The specific issue on which he has been employed to lobby. (b) Any change to any infonnalion originally filed, or any addi1iona1 City comrnissiooer or persoonel who are also sought to be lobbied shall require that 1he lobbyist file an amendmenl to 1he registration foons, although no additional fee shaU be required for such amendment. The lobbyist has a continuing duty to supply infonnation and amend the forms filed throughout the period for which the lobbying occurs. (c) If the lobbyist lll;lJl~nts a corporation, partnership or In.9., the chief officer, partner or beneficiaty shall also be identified Wrthout limiting the foregoing, the lobbyist shall also identify all persoos holding, directly or im1irecdy, a five percent or more ownership interest in such corporation. partnership, or trust. (d) Separate registration shall be required for each principal represented on each specific issue. Such issue shall be ~T1"bed wiIh as much detail as is practical, incl~ but not limited to a specific description where applicable of a peOOing request for a proposal, invitation to bid, or public hearing number. The City clerk shall reject any registration statement not providing a description of the specific issue on which such lobbyist has been employed to lobby. (e) Each person who withdraws as a lobbyist for a particular client shall file an appropriate notice of withdrawal. (f) In addition to the registration fee required in subsection (a) oftlis section, regislrationofalllobbyists shall be required prior to October 1 of every even-numbered year; and the fee for biennial registration shall be as specified in appendix A (g! In addition to the matters addressed above, every registrant shall be required to state the extent of any business. financial, familial or professional relationship, or other relationship giving rise to an appearance of an impropriety, with any current City commissioner or personnel who is sought to be lobbied as identified OIl the lobbyist registration form filed. (h. The registration fees required by subsections (a) and (f) of this section sba1l be deposited by the clerk into a separate accowlt and shall be expended only to cover the costs incurred in administering the provisions of this division. There sba1l be no fee required for filing a notice of withdrawal, and the City manager shall waive the regisIration fee upon a firxling of financial hardship, based upon a sworn statement of the applicant. Any person who only appears as a representative of a: nonprofit corporation or entity (such as a charitable organization, a neighbo~ or homeowner association, a local chamber of commerce or a trade association or trade union), without special compensation or reimbursement for the appearance, whether direct, indirect or contingent, to express support of or opposition to any item, sba1l not be required to register with the clerl< as required by this section. Copies of regislration forms shall be furnished to each conunissioner or other personnel named on the fonns. (Ord. No. 92-2777, I 3,3-4-92; Ord. No. 92-2785, I 3,6-17-92) BID NO: 58-00/01 DATE: 1011/01 CITY OF MIAMI BEACH 1 Sec.2-483. Ex~I."~ _""'" -i.~,' <a) Any pi6: officer, ~ar ~11 or.. paIODoraa, iD~-~~"''''''''' .~"Cily who only ~s in his ofticiII ~... DOt be ~ to I~ . a1obbyi& (b) Any person who only ~ in his incIiYiduaI capecity 81 a public ~ before b city commission, planning bo8rd, bc8d of ~ or ocher bo8rd or committee Ind has no ocher communic:aIion with the peasomd dc:fh...d in !Iedion248I, fortbe purpose ofself-r~pm{oUtion without compensation or reirnIuserncD, wbetber direct, indircc:t or <lOl1tingent, to ~~ support of or opposition to any item, shall oot be required to regisb:r as a lobbyist, includins but rQ Iimitcd to those who are members of homeowner or neighborhood associations. All 'P"'"1t~ sba1I. however, sign up on forms available at the public hearing. Additionally, any person requested to appear before any city personne~ board or commission, or any person compelled to answer for or appealing a code violation, a nuisance abatement board hearing, a special master hearing or an administrative hearing sball not be required to register, nor shall any agent, attorney, officer or employee of such person. (Ord. No. 92-2777," 4,5,3-4-92; Ord. No. 92-2785," 4,5,6-17-92) See:. 2-484. Sign-in logs. [n addition to the registration requirements addressed above, all city departments, including the offices of the mayor and city commission, the offices of the city manager, and the offices of the city attorney, shall maintain signed sig.rin logs for all noncity employees or personnel for regislration when they meet with any personnel as defined in section 2-481. (Ord. No. 92-2785,' 6,6-17-92) See:, 2-485. Lbt of expenditures. (a) On October I of each year, lobbyists shall submit to the city clerk a signed statement under oath listing all lobbying expenditures in the city for the ~ng caladar year. A slateJlk;tlt shall be filed even if there have been no expenditures during the reporting period. (b) The city clerk sha11 publish logs on a quarterly and annual basis reflecting the lobbyist regisIrations filed. All logs required by this section shall be }Jl~ed in a manner substantia11y similar to the logs prepared for the state legislature pursuant to F.S. I 11.0045. (c) All members of the city commission and all city personnel shall be diligent to lL'lCeI1ain whether persons required to register pursuant to this section have complied with the requirements of this division. Commissioners or city personnel may not knowingly permit themselves to be lobbied by a person who is not registered pursuant to this section to lobby !be commissioner or the relevant committee, board or citJ personnel. (d) The city attorney shall investigate any persons engaged in lobbying activities who are reported to be in violation of this division. The city attorney shall fe)Xlrt the results of the investigation to the city . commission. Any al1eged violator shall also receive the results of any investigation and shall have the opportunity to rebut the findings, if nex:e-ry, and submit any written material in defeme to the city commission. The city commission may reprimand, censure, suspend or prohibit such person from lobbying before the commission or any coounittee, board or personnel of the city. (Ord. No. 92-2777, I 6,3-4-92; Old. No. 92-2785, I 7,6-17-92) BID NO: 58-4141101 DATE: 14112/411 CrrY OF MIAMI BEACH 3 i ii DMSION... PRocURIMENT See.l.... . COIle of.li.'1f~ (a) ComracIs for the provision of goods, scMces, and construction projects other than audit contracts, (I) Definition. "Cone of silence" is hereby defined to mean a pobibition on: (8) any communication regarding a JRticu1ar request for proposal ("RFP"), request for qualifications ("RFQ"), request for letters of interest ("RFLIj, or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and the city's adminisIrative staff including, but not limited to, the city manager and his or her staff, (b) any communication regarding a particular RFP, RFQ, RFLI, or bid between the mayor, city commissioners, or their lespecUve staffs, and any member of the city's adminislrative staff inch.xting, but rot limited to, the city manager and his or her staff, (c) any commUDication regarding a particular RFP, RFQ, RFLI, or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and any member of a city evaluation and/or selection committee; and (d) any communication regarding a particular RFP, RFQ, RFLI or bid between the Mayor, City Commissioners or their respective staffs and any member of a city ewluation and/or selection conunittee. Notwithstanding the foregoing, the cone of silence shall oot apply to competitive processes for the award of CDBG, HOME, SfllP and Surtax Funds administered by the city office of community development, and commwlications with the city attorney and his or her staff. (2) Procedure. a A cone of silence shall be imposed upon each RFP, RFQ, RFLI, and bid after the advertisement of said RFP, RFQ, RFLI, or bid At the time of imposition of the cone of silence, the city manager or his or her designee shall provide for public notice of the cone of sile1re. The city manager shall include in any public solicitation for goods and services a statement disclosing the requi.lCIuCltb of this division. b. The cone ofsi1ence sball terminate a) at the time the city manager makes his or her written recommendation as to selection of a particular RFP, RFQ, RFLI, or bid to the city commission, and said RFP, RFQ, RFLI, or bid is awarded; provided, however, that following the Manager making his or her written ~ the cOne of silence sball be lifted as relates to commUDications between the Mayor and Members of the Commission and the City Manager; providing further if the city conunission refers the manager's l<<OOl.lneadatioo back to the city manager or staff for further review, the cone of silence shall continue until such time as the manager makes a subsequent written recommendation, and the particu1ar RFP, RFQ, RFLI, or bid is awarded or b) in the event of contracts for less than $25,000 when the city manager executes the contract BID NO: 58-80101 DATE: 1012/01 CITY OF MIAMI BEACH .. (3) . ..:~.,,';Jl~::i~~'~<;,. . . . ~ The~.~M;l6"'" DOt_IO:(a)oa&~-w. prc-bid confe.~ (b) a ~ m It...... before ~ comI".....m; (c:) 00..-.1 dMr.t~ cUq any cmIy nodcecI pi)Iic medins; (d) pj6: p_~ made eo the city COOlw:U4i;o.'}CtS during any duly noOced public mcding; (e) COIIInlCl ncgotiaIions with city staff i>Uowins lhc awaW of.. RFP, RFQ, RFLI, or bid by lhc city c:ommissioo; or (I) CXlIDIU1iamons in writing at any time with any cily eqJIoyee. official <r memJxor oflhc city commission, W1less specifically prolubited by lhc applicable RFP, RFQ, RFLI, or bid dnB~ or (g) city c:c.vnmiClCinn meeting agenda review JMPfiT between the city manager and the mayor and individual city commissioners where such matters are scheduled for consideration at the next Commission meeting. The bidder, proposer, vendor, service provider, lobbyist. or consultant shall file a copy of any written communications with the city clerk. The city clerk shall make copies available to any person upon request. (b) Audit contracts. (1) "Cone of silence" is hereby defined to mean a proIubition on: (a) any cormnunications regarding a particular RFP, RFQ, RFLI, or bid between a potential vendor, service provider, bidder, lobbyist. or consultant and the mayor, city commissioners or their lespective staffs, and any member of the city's administrative staff including. but oot limited to the city manager and his or her staff, (b) any oral communication regarding a particular RFP, RFQ, RFLI, or bid between the mayor, city commissioners or their respective staffs and any member of the city's administrative staff including, but not limited to, the city manager and his or her staff, and (c) any communication regarding a particular RFP, RFQ, RFLI, or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and any member of a city evaluation and/or selection committee; and (d) any comnnmication regarding a particular RFP, RFQ or bid between the Mayor, City Commissioners or their respective staffs and any member of a city evaluation and/or selection committee. Notwithstanding the foregoing, the cone of silence shaIl not apply to communications with the city attorney and his or her staff. (2) Except as provided in subsections (bX3) and (bX4) hereof: a cone of silence shall be imposed upon each RFP, RFQ, RFLI, or bid for audit services after the advertisement of said RFP, RFQ, RFLI, or bid. At the time of the imposition oCthe cone of silence, the city manager or his or her designee shall provide for the public ootice of the cooe of silcn:e. The cone of silence shall terminate a) at the time the city manager makes his or her written recommendation as to selection of a particular RFP, RFQ, RFLI, or bid to the city commission, and said RFP, RFQ, RFLI, or bid is awarded; provided, however, that following the Manager making his or her written ~ the cone of silence ~ be lifted as relates to communications between the Mayor and Members of the Commission and the City Manager; providing further if the city commission refers the manager's recommendation back to the city manager or staff for further review, the cone of silence shall continue until such time as the manager makes a subsequent written recommendation. and the particular RFP, RFQ, RFLI, or bid is awarded or b) in the event of contracts for less than $25,000 when the city manager executes the contract BID NO: 5I-tOltl DATE: ItI1IOI CITY OF MIAMI BEACH 5 (3) N<<l"'-lW ~........... JlI9bibit q1liclder, ~ wndar, __ pnwider. ~.. coaN' .. (J) 10m .-II.. pdJIic pnlr ~.Il cWy DC4iced...... ~ or bebe cUy DOdcecl evaluIIba 01...... 'r ~ ":,., (i) tRm ~ in ClOIdl-.t ~-..... cbq my duly noticed ptiic: meeri~ (iit) from t!IIw.. in ~-.t ncgodaIions wiIb city *'f fi>Ilowing the aw.d of 1m RFP. RFQ. RFLI, or bid for audit by the city ~1IIl':"";"'" ex' (IV) &an ~ in \\!itq wid! my city ~ ex' ofticlaI for purpo9CS of seeking clarification ex' additional information &om the city or rapotxting to the ~'s request for clarification or additional infonnation. subject to the provisions of the applicable RFP, RFQ. RFLl. or bid documen1s. The bidder or proposer etc. shall file a oopy of any written communication with the city clerk. The city clerk shall make copies available to the general public upon request. (4) Nothing contained herein shall prolu"bit any lobbyist, bidder, proposer, vendor, service provider, consultant, or other person or entity from publicly addressing the city commissioners during any duly noticed public meeting regarding action on any audit contract. The ~ manager shall include in any public solicitation for auditing seMces a statement disclosing the requirements of this division (c) Violations/penalties and procedmes. A violation of this section by a particular bidder, proposer, vendor, service provider, lobbyist, or consultant shall subject said bidder, proposer, veOOor, service provider, lobbyist, or consul1ant to the same procedures set forth in, Division 5, entitled "Debarment of Contractors from City Work; shall render any RFP award, RFQ award, RFLI award, or bid award to said bidder, JXOPOSCI', vendor, service provider, bidder, lobbyist, or consultant void; and said bidder, proposer, vendor, service provider, lobbyist, or consultant shall not be considered for any RFP, RFQ, RFLI or bid for a contract for the provision of goods or services for a period of one year. Any person who violates a provision of this division shall be proru"bited trom serving on a city evaluation and/or selection committee. In addition to any other penalty provided by law, violation of any provision of this division by a ~ employee shall subject said employee to disciplinary action up to and including dismissal. Additionally, any person who has personal knowledge of a violation of this division shall report such violation to the city attorney's office or state attorney's office and/or may file a complaint with the COI.Ulty ethics commissiOl"~ (Ord. No. 99-3164, 0 1, 1-6-99) BID NO: 58-Of/01 DATE: 1012/01 CITY OF MIAMI BEACH II SECI'ION 2. CQDIncA110IIi " . ..... It is the L.4- m"1be MayCll'''' City Con.,,;.~ of the Qly m"Miami Bea:h,'" it is hInby ordained that the provisians of Ibis OCdilllll~ sbaIl become and be made JlIl1 oftbe Code oftbe City of Miami Beach, Florida. The sections of this ocmn&nee may be renllmllCftd ClI' releUercd to accomplish such intention, and the word "UldiuttIlce" may be changed to "section", "article", or other appropriate vwm. SECI'ION 3. REPEALER. All ordinances or parIS of ordm.....- in conflict herewith be and the same are hereby repealed. SECI'ION 4, SEVERABILI1Y. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional. such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity or constitutionality of the remaining portions of this Ordinance. SECI10N 5. EFFECI1VE DATE. This Ordinance shall1ake effect on the adoption. day of ,2001, which is 10 days after PASSED and ADOPTED this day of ,2001. Mayor AITEST: City Clerk BID NO: 58-00/01 DA TE: 1012/01 CITY OF MIAMI BEACH 7 ORDINANCE NO~ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 1, ARTICLE VI, ENTITLED "PROCUREMENT", BY CREATING DMSION 5, ENTITLED "DEBARMENT", SECI10NS 1-397 TIlROUGH 1-406 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, PROVIDING FOR DEBARMENT OF CONTRACTORS FROM CITY WORK; PROVIDING FOR SEVERABILITY; CODIFICATION; REPEALER; AND AN EFFECfIVE DATE. NOW THEREFORE. BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECI10N 1. Miami Beach City Code, Chapter 2, entitled "Administration", Article VI, entitled "Procurement", is hereby amended by adding the following Division 5, entitled - "Deoollneat of Cootractors nom City Work" reading as follows: Division 5. Debannent of contractors nom City work. Section 2-397. Purpose of debarment. (a) The City shall solicit offers nom. award contracts to, and consent to subcontractors with respclllSlble contractors only: To effectuate this police, the debarment of contractors from City work may be undertaken. (b) The serious nature of debannent requires that this sanction be imposed only when it is in the public interest for the City's protection. and not for purposes of punishment. Debarment shall be imposed in accordance with the procedures contained in this ordinance. Section 2-398. Definitions. (a) AffiliatP..'l. Business concerns. organizations, lobbyisls orodu iOOividuaIs are aflililltPlt ofeach other it: directly or indirectly. (1) either one controls or has the power to control the other, or (u) a third part controls or has the power to control both. Indicia of control include, but are not limited to. a fiduciary relation which results from the manifeslation of consent by~ one individual to another that the other shall act on his behalf and subject to his contro~ and consent by the other so to act; interlocking management or ownership; identity ofiatetests amoog family members; shared facilities and equipment; common use of employees; or a business entity organi:z1:d by a debaned entity, iOOividuaJ. or affiliate foUowing debaamem of a COIlhac!l:lr that bas the same or simiJar management, ownership, or principal employees as the contractor that was debaned or suspended. BID NO: sa-o%l DATE: 1812101 CITY OF MIAMI BEACH a .1:' .c . ",,,,,,,cA'&,;, ,,;:. _. _-..'. . ': ,_~~,:1:~ ",_~....,-,:: '"',:;. ~ '~' '~f::~~ (b) ClVi1jwfsnm ~ ajudgnm or findiqJ ofa ci:YilAt1lIIW by lIlY COtIt of CIOI'fIIl' I( jw:"~ (c) Contractor means any individual or other legal entity dl8t (1) Direcdy or iI~ectIy (e.g. through an J!lArnaM). submits offers fur is awarded" or reasonably may be expected to submit offers or be awarded a City OOIlbld, including. but not Iimitcd to vendors, suppliers, provicbs, Bidders, Pr~5, consultants, ancl'or design professionals, or (2) Conducts blmness or ~le man be expected to conduct business, with the City a an agent" representative or subcontractor of another contractor. (d) Conviction means a judgement or conviction of a criminal offense. be it a felony or misdemeanor, by any court of competent jurisdiction. whether entered upon a verdict or a plea. and includes a conviction entered upon a plea of nolo contendere. (e) Debarment means action taken by the Debarment Committee to exclude a contractor (and. in limited instanc:es specified in this ordinance. a Bidder or Proposer fiom City contracting and City approved subcontracting for a reasonable, specified period as provided in subsection (j) below: a contractor so excluded is debarred. (t) Debarment Committee means a group of seven (7) individual members, each appointed by the Mayor and individual City Commissioners, to evaluate and ifwarranted to impose debarment, (g) Preponderance Greater weight of the evidence means proof by infonnation that, compared with that opposing it , leads to the conclusion that the fact at issue is more probably true than not (h) Indictment means indictment for a criminal offense. An informaIion or other tiling by competenl authority charging a criminal offense shall be given the same effect as an indictment (I) Legal proceeding means any civil judicial proceeding to which the City is a party or any criminal proceeding. The term includes appeals from such proceetiiT- G) List of debarred contractors means a list compiled, rnainfllined and distributed by the City s Procurement Office. containing the names of contractors debarred under the procedures of this ordinance. - Section 2-399. List 01 debarred cOotractors. (a) The City's Procurement Office. is the agency charged with the iDlplerr....tt:dion of this ordinance shall: (I) Compile and maintain a current. consolidated list (List) of all c:oottactors deballed by City departments, Such List shall be public record and shal1 be awilable for public inspection and dissemination; BID NO: 58-00ftl CITY OF MIAMI BEACH DATE: 1012/01 9 ;,.,-..,,,",,- (2) Periodically revise lRI distn'Me fie List and isu= .p.-4lt. if nee = 1 r ). ~ 111 deplll'tlllents. to the Office of the City Manager.xl ~ the Mayer and City Coo..' . "letS: and (3) Included in the List shall be the name mf telephone ......merOCthe City official ~l'Iitlle for its maintenance and dislribution. (b) The List shaII indicate: (1) The names and addresses of all contractors debarred. in alphabetical order; (2) The name of the department that recommends initiation of tile debarment action; (3) The cause for the debarment action. as is finther descnDed herein. or other statutory or regulatory aulhority; (4) The effect of the debannent actioo; (5) The tennination date for each listing; (6) The contractor's certificate of competence or license nmnber, when applicable; (7) The person through whom the contractor is qualified. when applicable; (8) The name and telephone number of tile point of contact in the department recommending the debannent action. (c) The City's Procurement Office shall: (1) In accordance with internal retention procedures maintain records relating to each debarment; (2) Establish procedures to provide for the effective use of the List, iJx:Iuding intemaI distribution thereof to ensure that departments do not solicit offers from, award couhilCtS to, or consent to subcontracts with contractors on the List; and (3) Respond to inquiries concerning listed, contractors and WuidWate such responses with the department that reconunended the action. SectiOD 2-400, Effect or debarmeDt. (a) Debarred contractors are excluded from receiving contradS, and ~b.ueub shall not solicit offers from award contracts to, or consent to subcontracIs with these coot:ractoIs unless the City Manager detennines that an emergency exists justifying such action. and obtains approval from the Mayor and City Commission, which approval shaII be given by 5!7bl vote of the City Commission at a . regularly scheduled City Conunission meeting. Debarred contractors are also excluded from conducting business with the City as agents, representatives, subcontractors or partners of other contractors. (b) Debarred contractors are excluded from acting as individual sun:ties. BID NO: 58-00101 . DATE: 1012/01 CITY OF MIAMI BEACH to SectIon 2-401. COD..... of curnt CGIItnctL <a) ~ on the 6:tiYe dale of tis o.&...ce. aD pn~ C'df o..jkar..b. a weD. R""(f~ for Proposals (RFP). Request for Qul..ift....tions (RFO). Requests for Letters ofIntaat (RFLI). or bids issued be the City. shaU incorporate this ordinaoce and specify that debcumeot may constitute grounds for tennination of1bc 00Ub~ a well a dillCplAliMmoo from OOI~~ on any RFP, RFO. RFLI. or bid. (b) The debarment shaD take effect in accordance with the notice provided by the City Manager pursuant to subsection 2-40S(h) below. except that if a City department has contracts or subcontracts in existence at the time the contractor was debarred, the debarment period may commence upon the conclusion of the coubact. subject to approval of same be snths vote of the Mayor and City Commission at a regularly scheduled meeting. (c) City departments may oot renew or otherwise extend the duration of current contract or consent to subcontracts with debarred contractors. unless the City Manager determines that an emergency exists justifying the renewal or extension or for an approved extension due to delay or time extension for reasons beyond the conlractor's control and such action is approved by Snths vote of the Mayor and City Commission at a regularly scheduled meeting. (d) No further work shaD be awarded to a deba.led contractor in cormection with a con1inuing contract where the work is divided into separate discrete groups and the City's refusal or denial of further work under the contract will not result in a breach of such contract. Section 2-402. RestrictioDS on subcontrading. (a) When a debarred contractor is proposed as a subcontractor for any subcontract subject to City approval, the department shall not consent to subcontracts with such contractors unless the City Manager detennines that an emergency exists justifying such consent and the Mayor and City Commission approves such decision by S/7ths vote at a regularly scheduled meeting. (b) The City shall not be ~"ble for any increases in project costs or other expenses inculTed by a contractor as a result of rejection of proposed subcontractors pursuant to subsection 2402(a) above, provided the subcontractor was debarred prior to bid opening or opening of proposals, where the contract was awarded be the City pmsuant to an RFP, RFO, RFU, or bid. Section 2-403. Debarment. (a) The Debannent Committee may, in the public interest debar a comactor for any of the causes listed in this ordinance using the procedures outlined below. The existence of a cause for debannent however, does not ~y require that the contractor be debaa:red; the seriousness of the contractots acts or omissions and any mitigating factors sbJuld be considered in making any debannent decision. BID NO: 58-00/01 DATE: 1812/01 CITY OF MIAMI BEACH II (b) Debeau~. constituIIes debIllll~ of III ofticers. directors, sh8rcmIders owmns or ClllI8oI6ns twenty-five (2S) ~ of1be stock. .-tlVts. divisiom or other orpni2ationaI elcn-a of1be deb8.:lcd contractor, mlesI1be ddl.-cd dcclsioo is limited by its terms to specific divisions, organi2ationaI eIen...Jb or coo~ The DdlaLll..ut CualllbiUee's decision in;ludes.., ~ affill_ of the \OUIlb-.1Or if they are (I) speci1ically named and (n) given written oocice of the proposed debeukiedl and an opportunity to respond. Future llffili- of the oo.:lhactoc lie subject to the Debarment Committee's decision. (c) A contractor's debannent shall be effective throughout City Government Section 2-404. Causes for debarment. (a) The Debannent Committee shall debar a contractor for a conviction or civil judgment, (I) For commission of a fraud or a criminal offense in connection with obtaining ..llhll(l4iI~ to obtain, performing, or making a claim upon a public contract or subcontract or a contract or subcontract fimded in wtx:lle or in part with public finis; (2) For violation of federal or State antitrust statutes relating to the submission of offers; (3) For commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (4) Which makes the City the ~ party in a legal pror-fing and a court ~nes that the lawsuit between the contractor and the City was frivolous or filed in bad faith. (b) The Committee may debar a contractor, (and, limited instances set forth hereinbelow a Bidder or Proposer) based upon a preponderance the greater weight of the evidence, for; (1) Violation of the terms of a City contract or subcontract or a contract or subcontract fimded in whole or in part by City finis such as failure to perform in accordance with the terms of one (1) or tmre contracts as certified by the City dq- b...eat adminiming the contract; or the f3ilure to perform or ur-ric6ri.ori)y perform in accordance with the terms of one (1) or more contracts, as certified by an independent registered architect engineer or general contractor; (2) Violation of a City ordinance or administrative order which lists debannent as a potential penalty; (3) Any other cause which affects the respoIlSlbility of a City contractor or suIlcoub...tor in performing City \\OOc. Section 2-405. Debarment procedures. (a) Requests for the debannent of contractors may be initiated by a City ~bl"'.t or by a citizm..at large and shall be made in writing to the Office of tile City Manager. Upon receipt of a request for debarment, the City Manager shall transmit the request to the Mayor and City Commission at a regu1arIy scheduled meeting. The Mayor and City Commission shall transmit the request ., a person BID NO: 58-00/01 DATE: 1011/01 CITY OF MIAMI BEACH 11 or penons wb3 shall be chlkged by Ibe City Commission witblbe cby ofprompdy invedi..... and p.~ina a written report(s) concaning 1be proposed debaameat, including 1be cause and grounds fur debmmem as set bth in Ibis ordinImce. (b) Upon completion of the afo.~ written report, the City Manager shaI1 forward said report to the Debarment Committee. The City's Procurement Office shaD act as slIlft" to the Oebeune.ll Committee and. with the assistance of the City department person or persons which p.~ed the report present evidence and arglD1leDt to the Debarment Committee (c) Notice of proposal to debar. WIthin ten working days of the Debarment Committee having received the request for debannent and written report, the City's Procurement Office, on behalf of the Debarment Committee shall issue a notice of proposed debarment advising the contractor and any specifically named affil~ by certified mail. return receipt requested, or personal service containing the following infonnaIion: (1) That debarment is being considered: (2) The reasons and causes for the proposed debannent in tenns sufficient to put the contractor and any named affiliates on notice of the conduct or transacOOn(s) upon which it is based; (3) That a hearing shall be conducted before the Ot:ba.UIQIt Committee on a date and time not less than thirty (30) days after service of the notice. The notice shalI also advise the contractor that it may be lepresented by an attorney, may present documentaIy evidence and verbal testimony, and may cross-examine evidence and testimony presented against it (4) The notice shall also descnbe the effect of the issuance of the notice of proposed debarment, and of the potential effect of an actual debarment (d) No later than seven (7) working days, prior to the scheduled hearing date, the contractor must fwnish the City's Procurement Office a list of the defenses the contractor intends to present at the hearing. If the contractor fai1s to submit the list, in writing, at least ge\'eD (7) working days prior to the hearing or fai1s to seek an extension of time within which to do so, the contractor shall have waived the oppoI1Unity to be heard at the bearing. The Debarment Committee has the right to grant or deny an extension of time, and for good cause, may set aside the waiver to be heard at the hearing, and its decision may only be reviewed upon an abuse of discretion standard. (e) Hearsay evidence shall be admissible at the hearing but shall not form the sole ~ for initiating a debarment procedure oor the sole basis of any detennination of ddla..IIJQd. The bearing shall be transcn"bed, 1aped or otherwise recorded by use of a court reporter, at the election Committee and at the expense of the City. Copies of the bearing tape or bCIIQYqA shall be furnished at the expense and request of the reqll~.~ting party. (f) I~beIllIQIt Commi1liee's decision. In actions based upon a cmvidioo or judgment, or in ~ there is no genuine dispute over marerial facts, the Debam1e1lt Committee shall make a decision on the basis of all the undisputed material infonnation in the adminisIrative record, including any BID NO: 58-00101 DATE: 1012101 CITY OF MIAMI BEACH 13 undisputed, material submissions made by the conbactor. Where actions are based on disputed evidence, the Debennent Committee shall decide what weight to attach to evidence of record, jlXige the acdibility of wimc ss.: J. and base its decision on the ptepondenaJace greater weight of the evidence standard. The Debarment Committee shall be the sole 1rier of fact The Conunittee's decision shall be made within ten (10) working days after conclusion of the hearing, unless the Debarment Committee extends this period for good cause. (g) The Committee's decision shall be in writing and shill mude the Committee's factual findings, the principal causes of debannent as enumerated in this ordinan.;:e, identification of the contractor and all named affiliate: affected by the decision. and the specific tenn, including duration, of the debarment imposed. (h) Notice of Debarment Committee's decision. (I) If the DeoolIllent Committee decides to impose delmment, the City Manager shall give the contractor and any named affiJillff".c<: involved written notice by certified mail, return receipt requested, or band delivery, within ten (10) working days of the decision, specifying the reasons for debannet1t and including a copy of the Committee's written decision; stating the period of debarment, including effective dates; and advising that the dehannent is effective throughout the City departments. (2) If debarment is not imposed,the City Manager shall notifY the contractor and any named affiJiJltP..c: involved ,by certified mail. return receipt requested. or personal service, within ten (10) working days of the decision. (i) All decisions of the Delmment Committee shall be final and shall be effective on the dale the notice is signed by the City Manager. Decisions of the Debannent Committee are subject to review by the Appellate Division of the Circuit ColUt. A debarred contractor may seek a stay of the debarment decision in accordance with the Florida Rules of Appellate Procedure. Section 2-406. Period of debarment. (a) The period of debarment imposed shall be within the sole discretion of the Dt:ba.1I~tt Committee. Debarment shall be for a period commensurate with the seriousness of the cause(s), and where applicable, within the guidelines set forth below, but in no event shall exceed five (5) years. (b) The following guidelines in the period of debarment shal apply except where -mitigating or- aggravating cin:umstances justify deviation: (1) For commission of an offense as descnDed in subsection 2404(aXI): five (5) years. (2) For commission ofan offense as descnDed in subsection 2404(aX2): five (5) years. (3) For conunission of an offense as descnDed in subsection 2404(aX3): five (5) years. (4) For commission ofan offense as described in subsection 2404(aX54): two (2) to five (5) years. BID NO: 58-00/01 CITY OF MIAMI BEACH DATE: 1012/01 14 (5) For commission of an offeme M described in subsections 2404(b)(1) or (2): two (2) t) fiye (5) years. (c) The Debannent Committee may, in its sole discretion, reduce the period of debanl1etll, ~ the contractor's written request for reasons such as: (1) Newly discovered material evidence; (2) Reversal of the conviction or civil judgment upon which the debannent was based; (3) Bona fide change in ownership 0:' management; (4) Elimination of other causes for which the debarment was imposed; or (5) Other reasons the Debannent Committee deems appropriate. (d) The debarment debaned contractor's written request shall contain the reasons for requesting a reduction in the debarment period, The City's Procurement Office. with the assistance of the affected department shall have thirty (30) days from receipt of such request to submit written response thereto. The decision of the Debarment Committee regarding a request made under this subsection is final and non-appealable. SECTION 2. SEVERABILITY. If any section. subsection. clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 3, CODIFICATION. It is the intention of the Mayor and City Connnission of the City of Miami Beach, and it is hereby on:lained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered relettered to accomplish such intention. and the word "ordinance" may be changed to "section", "article," or other &Wtvpriate word. SECTION 4. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the 3rd day ofMarcb.2000. PASSED and ADOPTED this 23rd day ofFebruarv, 2000. BID NO: 58-00101 DATE: 1812/01 CITY OF MIAMI BEACH 15 Sec. 38-6. PROIUBITED CAMPAIGN CONTRlBVTlONS BY VENDORS. (a) GeneraL (I) No penon who is a veOOor to the city shall give a campaign contribution. directly, or through a member of the person's immediate fiunily, or through a political action conunittee, or through 1m)' other person, to a candidate, or to the campaign committee of a candidate, for the offices of mayor or commissioner. No candidate, or campaign committee of a candidate for the offices of mayor or commissioner, Mall solicit or receive any campaign contribution from a person who is a vendor to the city, or through a member of the person's immediate fiunily, or through a political action committee, or through any other person on behalf of the person. This prohibition. applies to natural persons and to persons who hold a controlling financial interest in business entities. (2) A fine of up to $500.00 shall be imposed on every person who violates this prohibition. Each act of solicitation, giving or receiving a contnbution. in violation of this paragraph shall constitute a separate violation. All contnbutions received by a candidate in violation. of this paragraph shall be forfeited to the city's general revenue fund. (3) A person who directly, or through a member of the person's immediate family, or through a political action committee, or through any other person makes a contribution to a candidate who is elected to the office of mayor or commissioner shall be disqualified for a period of 12 months following the swearing in of the subject elected official from transacting business with the city. This prohibition on transacting business with the city may be waived only in the manner provided hereinbelow in subsection (b). (4) As Il'led in this section: a A "vendor" is a person who transacts business with the city, or has been approved by the city commission to transact bIEness with the city, or is listed on the city manager's approved vendor list b. A "contnbution" is: 1 A gift, subscription, conveyance, deposit, loan, payment, or distribution. of money or anything of value, including contributions in kind having an at!rihdable monetary value. 2A transfer of funds between political committees, between committees of continuous existence, or between a political committee and a committee of continuous existence. 3. The payment, by any person other than a candidate or political committee, of compensation for the personal services of another person which are rendered to a candidate or political committee without charge to the candidate or committee for such services. BID NO: 58-00/01 DA TE: 1012/01 CITY OF MIAMI BEACH 16 4.The transfer of funds by a campaign treasurer or deputy campaign treaBRr between a priJr&y depository and a separate interest-bearing account or certificate of deposit. and the term includes any interest earned on such account or certifkate. (b) Conditions for waiver of prohibition. The requirements of this section may be waived for a particular transaction by city commission vote after public hearing upon fuxIing that: ( I) An open-to-all sealed competitive proposal has been submitted and the city official/done has in no way participated in the detennination of the bid specifications or bid award; (2) The property or services to be involved in the proposed transaction are unique and the city carmot avail itself of such property or services without entering into a haasactioo which would violate this section but for waiver of its requirements; (3) The business entity involved in the proposed transaction is the sole source of supply within the city; or (4) An emergency contract must be made in order to protect the health, safety or welfare of the citizens of the city, as detennined by a five-seveoths vote of the city commissioo. Arrj grant of waiver by the city cormnission must be supported with a full disclosure of the subject campaign contnbution. (c) Applicability. This section shall be applicable only to prospective transactions, and the city commission may in no case ratifY a transaction entered into in violation of this section (Ord. No. 2000-3244, ~ I, 5-10-00) BID NO: sa.to/OJ DATE: 10/1/0J CITY OF MIAMI BEACH 17 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.fl.us ~ PROCUREMENT DIVISION Tfl~~~1~8gJ~~~ INVITATION TO BID NO. 58-00101 NOTICE TO CONTRACTORS Sealed bids will be received by the City of Miami Beach Procurement Director, 3rd Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on the 5th day of October, 2001 for: Construction of North Shore Park and Youth Center Scope of Work: WORK to be performed under this Contract shall consist of furnishing and installing all tools, equipment, materials, supplies, and manufactured articles and furnishing all labor, transportation, and services, including fuel, power, water, and essential communications, and performing all WORK, or other operations required for the fulfillment of the Contract in strict accordance with the Contract Documents. Project consists of New Community Center, Gymnasium, Tennis Center, Hydro Courts, Concession/Field House, Ball Field and Landscaping. Project Location: 501 7200 Street, Miami Beach, FL 44141. Minimum Requirements: Prospective Bidder (General Contractor) must have minimum of 5 years experience in providing similar type/size scope of work as indicated in the Technical Specifications. At time, date, and place above, bids will be publicly opened. Any bids or proposals received after time and date speCified will be returned to the bidder unopened. The responsibility for submitting a bid/proposal before the stated time and date is solely and strictly the responsibility of the bidder/proposer. The city is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. A Pre-Bid Conference will be held at 10:00a.m. on S~tember 20, 2001 at the North Shore Park and Youth Center located at 501 72 Street, Miami Beach, FL 44141 [ X ] Attendance at the Prebid Conference is highly encouraged and recommended as a source of information but is not mandatory. A Bid Bond of five (5%) percent of the bid amount will be required. The successful bidder will be required to furnish Performance and Payment Bonds, each in the amount of one hundred (100%) percent of the Contract amount. The City has contracted with DemandStar by Onv/a as our electronic procurement service for automatic notification of bid opportunities and document fulfillment. We encourage you to participate in this bid notification system. To find out how you can BID NO: 58-00/01 DATE: 9/12101 CITY OF MIAMI BEACH 7 receive automatic bid notifications or to obtain a copy of this Bid, go to www.demandstar.com or call toll-free 1-800-711-1712, and request Document #583. Subscribing to DemandStar by Onvia's bid notification system is not a requirement. You will still be able to find bid information and download documents through the City's website (httD:/Ici.miami-beach.fl.us. From the City's home page, click on Index, scroll down to Bids, RFPs, RFQs, etc., click on Bid Information and Bid Status, double click on Order (Actions Column), and double click on Download documents for a fee. You will be charged an administrative fee of $5.00 to download this document. Plans are available for this bid but must be ordered through T- Square Miami. The attached order form on page 9 of the Bid package must be completed and retumed to T -Square Miami before prospective bidders will receive requested plans and specifications. Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing by mail or facsimile to the Procurement Department, 1700 Convention Center Drive, Miami Beach, FL 33139 FAX: (305) 673-7851. The Bid title/number shall be referenced on all correspondence. All questions must be received no later than ten (10) calendar days prior to the scheduled Bid opening date. All responses to questions/clarifications will be sent to all prospective bidders in the form of an addendum. The City of Miami Beach reserves the right to accept any proposal or bid deemed to be in the best interest of the City of Miami Beach, or waive any informality in any proposal or bid. The City of Miami Beach may reject any and all proposals or bids. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CONE OF SILENCE, " IN ACCORDANCE WITH ORDINANCE NO. 99-3164. A COPY OF ALL WRITTEN COMMUNICA TION(S) REGARDING THIS BID MUST BE FILED WITH THE CITY CLERK. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CODE OF BUSINESS ETHICS" ("CODE"), IN ACCORDANCE WITH RESOLUTION NO. 2000-23879. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE CITY OF MIAMI BEACH DEBARMENT ORDINANCE NO. 2000-3234. CITY OF MIAMI BEACH /'"".. ~ ,L../_".- /~ //_- I c.....- I. Gus Lopez, CPPO Procurement Director BID NO: 58-00/01 DATE: 9/1ZJOl CITY OF MIAMI BEACH 8 00100. GENERAL INSTRUCTIONS TO BIDDERS: 1. General: The following instructions and those set forth in Section 00300 herein 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 a part of the bid documents and compliance therewith is required of the Bidder; if the box is not checked, the language is not made a part of the bid documents. 2. ScoDe of Work: WORK to be perfonned under this Contract shall consist of furnishing and installing all tools, equipment, materials, supplies, and manufactured articles and furnishing all labor, transportation, and services, in~luding fuel, power, water, and essential communications, and performing all WORK, or other operations required for the fulfillment of the Contract in strict accordance with the Contract Documents. The WORK shall be complete, and all WORK, materials, and services not expressly indicated or called for in the Contract Documents which may be necessary for the complete and proper construction of the WORK in good faith shall be provided by the CONTRACTOR as though originally so indicated, at no increase in cost to the CITY. Project consists of New Community Center, Gymnasium, Tennis Center, Hydro Courts, Concession/Field House, Ball Field and Landscaping. 3. Location of Work: 5017200 Street, Miami Beach, FL 44141. 4. Abbreviations and Svmbols: The abbreviations used throughout the Contract Documents are defined hereinafter in the Technical Specifications. The symbols used in the Plans are defined therein. BID NO: 58-00/01 DATE: 9/12/01 CITY OF MIAMI BEACH 10 00200. 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 tollows: 1.1. Bidder: Any individual, firm, or corporation submitting a bid for this Project, acting directly or through a duly authorized representative. 1.2. Change Order: A written document ordering a change in the Contract Price or Contract Time or a material change in the Work. 1.3. City: The City (or Owner) shall mean the City of Miami Beach, a Florida municipal corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, which is a party hereto and lor for which this Contract is to be 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 govemmental body and shall not be attributable in any manner to City as a party to this Contract. 1.4. City Commission: City Commission shall mean the governing and legislative body of the City. . 1.5. City Manager: City Manager shall mean the Chief Administrative Officer of the City. 1.6. Consultant: Architect or Engineer who has contracted with City or who is an employee of City, to provide professional services for this Project. 1.7. Contract: The part or section of the Contract Documents addressing some of the rights and duties of the parties hereto, including but not limited to contract time and liquidated damages. 1.8. Contract Documents Clarification: (Not Applicable) 1.9. Contract Administrator: The City's Contract Administrator shall mean the individual appointed by the City Manager who shall be the City's authorized representative to coordinate, direct, and review on behalf of the City, all matters related to the Project. BID NO: 58-00/01 CITY OF MIAMI BEACH DATE: 9/12/01 11 1.10. Contract Documents: The Project Manual including drawings (plans) and specifications, the Notice for Bids, Addenda, if any, to the Project Manual, the Bid Tender Form, the record of the award by the City Commission, the Performance Bond and Payment Bond, the Notice of Award, the Notice(s) to Proceed, the Purchase Order, Change Orders, Field Orders, Supplemental Instructions, and any additional documents the submission of which is required by this Project ManOal, are the documents which are collectively referred to as the Contract Documents. 1.11. Contract Price: The original amount established in the bid submittal and award by the City, as may be amended by Change Order. 1.12. Contract Time: The original time between commencement and completion, including any milestone dates thereof, established in Article 2 of the Contract, as may be amended by Change Order. 1.13. Contractor: The person, firm, or corporation with whom the City has contracted and who is responsible for the acceptable performance of the Work and for the payment of all legal debts pertaining to the Work. All references in the Contract Documents to third parties under contract or control of Contractor shall be deemed to be a reference to Contractor. 1.14. Field Order: A written order which orders minor changes in the Work but which does not involve a change in the Contract Price or Contract Time. 1.15. Final Completion: The date certified by Consultant in the Final Certificate of Payment upon which all conditions and requirements of any 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 Ute Work defined herein has been fully completed in accordance with the terms and conditions of the Contract Documents. 1.16. Inspector: An authorized representative of Consultant or City assigned to make necessary inspections of materials furnished by Contractor and of the work performed by Contractor. - 1.17. Materials: Materials incorporated in this Project, or used or consumed in the performance of the Work. BID NO: 58-00/01 CITY OF MIAMI BEACH DATE: 9112101 12 1.18. 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. 1.19. Plans and/or Drawings: The official graphic representations of this Project which are a part of the Project Manual. 1.20. Program Manager: URS. Eastern Financial Building. Suite 1000, 700 South Ponelana Boulevard. Miami SDrings. Florida 33166 1.21. Project: The construction project described in the Contract Documents, including the Work described therein. 1.22. Project Initiation Date: The date upon which the Contract Time commences. 1.23. Project Manual: The official documents setting forth bidding information and requirements; contract form, bonds, and certificates; General and Supplementary Conditions of the Contract Documents; the specifications; and the plans and drawings of the Project. 1.24. Resident Project Representative: An authorized representative of Consultant or Program Manager assigned to represent Consultant or Program Manager on the Project. 1.25. Subcontractor: A person, firm or corporation 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 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 or Certificate of Completion must be issued for Substantial Completion to be achieved, however, the issuance of a Certificate of Occupancy or Certificate of Completion _or the date thereof are not to be 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, BID NO: 58-00/01 CITY OF MIAMI BEACH DATE: 9/12/01 13 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. BID NO: 58-00/01 CITY OF MIAMI BEACH DATE: 9/12/01 14 00300. INSTRUCTIONS TO BIDDERS: 1. Examination of Contract Documents and Site: It is the responsibility of each Bidder before submitting a Bid, to: 1.1. Examine the Contract Documents thoroughly, 1.2. Visit the site or structure to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work, 1.3. Take into account federal, state and local (City and Miami-Dade County) laws, regulations, ordinances that may affect costs, progress, performance, furnishing of the Work, or award, 1.4. Study and carefully correlate Bidder's observations with the Contract Documents, and 1.5. Carefully review the Contract Documents and notify Consultant of all conflicts, errors or discrepancies in the Contract Documents of which Bidder knows or reasonably should have known. The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon 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 fumishing of the Work. 2. Pre-Bid Interoretations: Only questions answered by written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. All questions about the meaning or intent of the Contract Documents are to be directed to the City's Procurement Director in writing. Interpretations or clarifications considered necessary by the City's Procurement Director in . response to such questions will be issued by City by means of Addenda mailed or delivered to all parties recorded by the City's Procurement Director as having received the Bidding Documents. Written questions should be received no less than ten (10) calendar days prior to the date of the opening of Bids. There shall be no obligation on the part of City or the City's Procurement Director to respond to questions received less than ten (10) calendar days prior to bid opening. BID NO: 58-00/01 DATE: 9/12/01p CITY OF MIAMI BEACH 15 3. Submittina Bids: All bids must be received in the Procurement Division, City of Miami Beach, 1700 Convention Center Drive, Third Floor, Miami Beach. Florida 33139, before the time and date specified for bid opening, enclosed in a sealed envelope, legibly marked on the outside: BID FOR: CONSTRUCTION OF NORTH SHORE PARK AND YOUTH CENTER BID/CONTRACT NO.: 58-00/01 4. Printed Form of Bid: All bids must be made upon the blank BidfTender 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. 5. Bid Guarantv: All bids~aU)be accompanied by either an original bid bond executed by a surety company meeting the qualifications for surety companies as specified in Section 5, General Conditions, or by cash, money order, certified check, cashier's check, Bid Guaranty Form, Unconditional Letter of Credit (Form 00410), treasurer's check or bank draft of any national or state bank (United States), in an amount equal to five percent (5%) of the total base bid amount, payable to City of Miami Beach, Florida, and conditioned upon the successful Bidder executing the Contract and providing the required Performance Bond and Payment Bond and evidence of required insurance within fifteen (15) calendar days after notification of award of the Contract. A PERSONAL CHECK OR A COMPANY CHECK OF A BIDDER SHALL NOT BE DEEMED A VALID BID SECURITY. Security of the successful Bidder shall be forfeited to the City of Miami Beach as liquidated damages, not as a penalty, for the cost and expense incurred should said Bidder fail to execute the Contract, provide the required Performance Bond, Payment Bond and Certificate(s) of Insurance, within fifteen (15) calendar days after notification of the award of the Contract, or failure to comply with any other requirements set forth herein. The time for execution of the Contract and provision of the Performance Bond, Payment Bond and Certificate(s) of Insurance may be extended by the City's Procurement Director for good cause shown. Bid Securities of the unsuccessful Bidders will be returned after award of Contract. 6. Acceotance or Reiection 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 ninety (90) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price before the expiration of ninety (90) calendar days from the date of bid opening. A Bidder BID NO: 58-00/01 DATE: 9/12/01 CITY OF MIAMI BEACH 16 may withdraw its bid after the expiration of ninety (90) calendar days from the date of bid opening by delivering written notice of withdrawal to the Purchasing Division prior to award of the Contract by the City Commission. 7. Determination of Award: The City Commission shall award the contract to the lowest and best bidder. In determining the lowest and best bidder, in addition to price, there shall be considered the following: a. The ability, capacity and skill ofthe bidder to perform the Contract. b. Whether the bidder can perform the Contract within the time specified, without delay or interference. c. The character, integrity, reputation, judgement, experience and efficiency of the bidder. d. The quality of performance of previous contracts. e. The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. 8. Evaluation: 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. 9. 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. 10. PostDonement of Date for Presentina and ODenine of 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 seven (7) calendar days written notice of any such postponement to each prospective Bidder. 11. Qualifications of Bidders: Bids shall be considered only from firms normally engaged in performing the type of work specified within the Contract Documents. Bidder must have adequate organization, facilities, equipment, and personnel to ensure prompt and efficient service to City. BID NO: 58-00/01 DATE: 9/12101 CITY OF MIAMI BEACH 17 In determining a Bidder's responsibility and ability to perform the Contract, City has the right to investigate and request information conceming 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 claimsllitigation history of the Bidder. 12. Addenda and Modifications: The City shall make reasonable efforts to issue addenda within seven (7) calendar days prior to bid opening. All addenda and other modifications made prior to the time and date of bid opening shall be issued as separate documents identified as changes to the Project Manual. 13. 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. 14. Occuoational 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: 14.1. The chemical name and the common name of the toxic substance. 14.2. The hazards or other risks in the use of the toxic substance, including: 14.2.1. The potential for fire, explosion, corrosion, and reaction; 14.2.2. The known acute and chronic health effects of risks from exposure, including the medical conditions which are BID NO: 58-00/01 DATE: 9/12101 CITY OF MIAMI BEACH 18 generally recognized as being aggravated by exposure to the toxic substance; and 14.2.3. The primary routes of entry and symptoms of overexposure. 14.3. 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. 14.4. The emergency procedure for spills, fire, disposal, and first aid. 14.5. 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. 14.6. 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. 15. Environmental Reaulations: The City reserves the right to consider a Bidder's history of citations and/or violations of environmental regulations in investigating a Bidder's responsibility, and further reserves the right to declare a Bidder not responsible if the history of violations warrant such determination in the opinion of the City. Bidder shall submit with its Bid, a complete history of all citations and/or violations, notices and dispositions thereof. The nonsubmission of any such documentation shall be deemed to be an affirmation by the Bidder that there are no citations or violations. Bidder shall notify the City immediately of notice of any citation or violation which Bidder may receive after the Bid opening date and during the time of performance of any contract awarded to it. 16. "Or Eaual" Clause: Whenever a material, article or piece of equipment is identified in the Contract Documents including plans and specifications by reference to manufacturers' or vendors' names, trade names, catalog numbers, or otherwise, City, through Consultant, will have made its best efforts to name at least three (3) such references. Any such reference is intended merely to establish a standard; and, unless it is followed by the words "no substitution is permitted" because of form, fit, function and_ quality, any material, article, or equipment of other manufacturers and vendors which will perform or serve the requirements of the general design will be considered equally acceptable provided the materials, article or equipment so proposed is, in the sole opinion of Consultant, equal in substance, quality and function. BID NO: 58-00/01 DATE: 9/12/01 CITY OF MIAMI BEACH 19 ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S PROCUREMENT DIRECTOR, WHO SHALL FORWARD SAME TO CONSULTANT. 17. Protested Solicitation and Award: Bidders that are not selected may.protest any recommendations for Contract award by sending a formal protest letter to the Procurement Director, which letter must be received no later than five (5) calendar days after award by the City Commission. The Procurement Director will notify the protester of the cost and time necessary for a written reply, and all costs accruing to an award challenge shall be assumed by the protester. Any protests received after five (5) calendar days from Contract award by the City Commission will not be considered, and the basis or bases for said protest shall be deemed to have been waived by the protester. BID NO: 58-00/01 DATE: 9/12/01 CITY OF MIAMI BEACH 20 00400. BIDITENCEfl FORM: Submitted: October 8, 2001 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 fumished before the opening of the bids, as acknowledged below; and that it has satisfied itself about the Work to be performed; and that it has submitted the required Bid Guaranty; 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: 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, and to furnish the required Certificate(s) of Insurance. The undersigned further agrees that the bid guaranty accompanying the bid shall be forfeited if Bidder fails to execute said Contract, or fails to fumish the required Performance Bond and Payment Bond or fails to furnish the required Certificate(s) of Insurance within fifteen (15) calendar days after being notified of the award of the Contract. In the event of arithmetical errors, the Bidder agrees that these errors are errors which may be corrected by the City. In the event of a discrepancy between the price bid in figures and the price bid in words, the price in words shall govern. Bidder agrees that any unit price listed in the bid is to be multiplied by the stated quantity requirements in order to arrive at the total. BID NO: 58-00/01 DATE: 9/12101 CITY OF MIAMI BEACH 21 Acknowledgment is hereby made of the following addenda (identified by number) received since issuance of the Project Manual: One (1) dated October 2, 2001 Two (2) dated October 4, 2001 Attached is a Bid Bond [X), Cash [ ], Money Order [ ], Unconditional Letter of Credit [ ], Treasurer's Check [ ], Bank Draft [ ], Cashier's Check [ ], or Certified Check [ ] No. Bank of N/A for the sum of 5% total bid amolmt- Dollars ($ 5% ). The Bidder shall acknowledge this bid by signing and completing the spaces provided below. Name of Bidder: Collage Design & Construction Group, Inc. dba The Collage Companies City/StateJZip: Lake Mary, Florida 32746 Telephone No.: (407) 829-2257 Social Security No. or Federal I.D.No.: 59-2143889 Dun and Bradstreet No.: N/A (if applicable) If a partnership, names and addresses of partners: BID NO: 58-00/01 DATE: 9/12101 CITY OF MIAMI BEACH 12 (Sian below if not incomorated) WITNESSES: ~iQn Qtlow if incomorated) ATTEST: /'- Scott Nelson - Secretary (CORPORATE SEAL) (Type or Print Name of Bidder) (Signature) (Type or Print Name Signed Above) Collage Design & Construction Group, Inc. dba The Collage Companies (Type or Print Name of Corporation) Brian A. walsh, President (Type or Print Name Signed Above) Incorporated under the laws of the State of: Florida Bm NO: 58-00101 DATE: 9/12101 CITY OF MIAMI BEACH 23 BID BOND Conforms with The American Institute of Architects, A.I.A. Document No. A-310 KNOW ALL BY THESE PRESENTS, That we, COLLAGE DESIGN & CONSTRUCTION GROUP. INC.. DBA THE COLLAGE COMPANIES 585 Technology Park. Suite 100, Lake Mary, Florida 32746 as Principal, hereinafter called the Principal. and the FIREMAN'S FUND INSURANCE COMPANY of 777 San Marin Drive, Novato. California 94998 , a corporation duly organized under the laws of the State of California , as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF MIAMI BEACH 1700 Convention Center Drive, 3rd Floor. Miami Beach, Florida 33139 as Obligee. hereinafter called thc Obligee. in the sum of Five percent of the largest amount for which award can be made under the accompanying bid. Dollars ($ 5% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety. bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for CONSTRUCTION OF NORTH SHORE PARK AND YOUTH CENTER BID NO. 58-00/01 NOW. THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract \\ith the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Conttact and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds. if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specificd in said bid and such larger amount for which the Obligee may in good faith contract with another part). to perform the Work covcred by said bid, then this obligation shall be null and void. othenvise to remain in full force and effect. Witness { (Seal) Principal , I I I I r day of October 2001 Title Witness { By J es C. Congelio & Florida Resident Agent Attornc~ -in-Fact $-OO54IGEEF 1197 FIREMAN'S FUND INSURANCE COMPANY ASSOCIATED INDEMNITY CORPORATION }_~ERICAN AuroMOBlLE INSURANCE COMPANY GENERAL POWER OF A'ITORNEY KNOW AU. MEN BY lHESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY. a California corporation, NATIONAL SURETY CORPORATION. an lIIinois corporation. TIlE AMERICAN INSURANCE COMPANY. a New Jersey corporation redomestieated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation. and AMERICAN AUTOMOnll..E INSURANCE COMPANY, a Missouri corporation. (herein collectively called "the Companies") does each hereby appoint TOM S. LOBRANO I I I, A. B. LYNCH JR., Jfu~S C. CONGELIO OR BRADFORD W. BUSH OF JACKSONVILLE, FL NATIONAL SURETY CORPORATION THE AMERICAN INSURANCE COMPANY their true and lawful AUorney(s)-in-Fact, with full power of authoril)' hereby conferred in their name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recogJ;lizances or othcc written obligations in the nature thercof------------ and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seals of the Companies and duly allested by the Companies' Secretary. hereby ratifying and confirming all that the said AlIorney(s)-in-Fact may do in the premises. This power of attorney is granted under and by the authoril)' of Article vn of the By-laws of each of the Companies which provisions are now in full force and effect. This power of attorney is signed and sealed under the authoril)' of the following Resolution adopted" by the Board of Directors of each of tile Companies at a meeting duly called and held, or by written consent, on the 19th day of March, 1995. and said Resolution has not been amended 0{ repealed: "RESOLVED, that the signature of any Vice-President, Assistant Secretary. and Resident Assistant Secretary of the Companies, and the seal of the Companies may be affIXed or printed on any power of allorney. on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies." IN WITNESS WHEREOF, the Companies have eaused these presents to be signed by their Vice-President, and their corporate seals to be hereunto affixed this 03 day of December ,1998. ~~ ~~.... f1."-~'. U(U"'LjS~ .~\-.- ...$1 ~..,._'".~ .~l"'-"'~' .::;:;...- STATE OF CALIFORNIA} 55 COUNTY OF MARIN . Vicc-Prcsidcat On this 03 day of December . 1998 .beforemepersonallycame Donn R. Kolbeck to me known. who, being by me duly sworn, did depose and say: that he is a Vice-President of each company, described in and which executed the above instrument; that he knows the seals of the said Companies; that the seals affixed to the said instrument are such company seals; that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order. IN WITNESS WHEREOF.l have hereu~~et_m~h~nd and affixed my official seal, the day and year herein first above wril!en. i~----~~~-F i' Nolay Pvbllc - CaIIfcmla f. J ~nC~~ f- 1 _ _ _ ~~~~~~~1 CERTIFICATE ~ STATE OF CALIFORNIA} SS. COUNTY OF MARIN L the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF AlTORNEY remains in full force and has not been revoked; and furthermore that Article vn of the By-laws of each company. and the Resolution of the Board of Directors; set forth in the Power of Attorney. are now in force. Signed and sealed at the Counl)' of Marin. Dated the 5 th day of Oc tobe r , 2001. ~, h!'-:'.:;:~\ ISf 8EA L1si ~..\."~.-/}I "J..r. ...._-~. ~ J' ...~~:....., ~C:~ Resident Assistaol Se 1')' 00405. CITY OF MIAMI BEACH LICENSES. PERMITS AND FEES: Pursuant to the Public Bid Disclosure Act, 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: [NOTE: List all City of Miami Beach licenses, permits and fees, and the amount or percentage method of the licenses, permits and fees.] LICENSES, PERMITS AND FEES WHICH MAY BE REQUIRED BY MIAMI-DADE COUNTY THE STATE OF FLORIDA, OR OTHER GOVERNMENTAL ENTITIES ARE NOT INCLUDED IN THE ABOVE LIST. 1. Occupational licenses from City of Miami Beach firms will be required to be submitted within fifteen (15) days of notification of intent to award. 2. Occupational licenses will be required pursuant to Chapter 205.065 Florida Statutes. BID NO: 58-00/01 CITY OF MIAMI BEACH DATE: 9/12101 24 00407. SCHEDULE OF PRICES BID: Consideration for Indemnification of CITY $25.00 [ X ] Cost for compliance to all Federal and State requirements ofthe Trench Safety Act* [NOTE: If the brackets are checked or marked, the Bidder must fill out the Trench Safety Act sheet, Page 59, Section 00540, to be considered responsive.] BID NO: 58-00/01 DATE: 9/12/01 CITY OF MIAMI BEACH 25 00410. BID GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT: Date of Issue Issuing Bank's No. Beneficiarv: Aoolicant: City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Amount: in United States Funds Expiring: (Date) Bid/Contract Number We hereby authorize you to draw on (Bank, Issuer name) by order of and for the account at (branch address) of (contractor, applicant, customer) up to an aggregate amount, in United States Funds, of available by your drafts at sight, accompanied by: 1. A signed statement from the City Manager of the City of Miami Beach, or his authorized representative, that the drawing is due to default in 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) BID NO: 58-00/01 DATE: 9/12101 CITY OF MIAMI BEACH 26 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. 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 (contractor, applicant, customer) shall be a release of all obligations. This Letter of Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict between the law of another state or country and Florida law should arise, Florida law shall prevail. Authorized Signature BID NO: 58-00/01 DATE: 9/12/01 CITY OF MIAMI BEACH 27 00500. SUPPLEMENT TO BIDfTENDER FORM: THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE BID, HOWEVER, ANY ADDITIONAL INFORMATION NOT INCLUDED IN THE SUBMITTED FORM AS DETERMINED IN THE SOLE DISCRETION OF THE CITY, SHALL BE SUBMITTED WITHIN SEVEN (7) CALENDAR DAYS OF THE CITY'S REQUEST. QUESTIONNAIRE The undersigned authorized representative of the Bidder certifies the truth and accuracy of all statements and the answers contained herein. 1. How many years has your organization been in business while possessing one of the licenses, certifications, or registrations specified in Section 00405? License/CertificationlRegistration FL. Contractor I s License 020818 Miami-Dade Colmty Occupational Lie. # Years 20 2 1A. What business are you in? General Contractors-Construction 2. W1at is the last project of this nature that you have completed? See attached completed projects list. 3. Have you ever failed to complete any work awarded to you? If so, where and why? No 3A. Give owner names, addresses and telephone numbers. and surety and project names, for all projects for which you have performed work, where your surety has intervened to assist in completion of the project. whether or not a claim was made. None BID NO: 58-00/01 DATE: 9/12/01 CITY OF MIAMI BEACH 28 (Ameaded) 4. Give names, addresses and telephone numbers of three individuals, corporations, agencies, or institutions for which you have performed work: 4.1. See attached Complete Projects List (name) (address) .. (phone #) 4.2. (name) (address) (phone #) 4.3. (name) (address) (phone #) 5. List the following information concerning all contracts in progress as of the date of submission of this bid. (In case of co-venture, list the information for all co-venturers. ) NAME OF PROJECT OWNER & fttQNE # TOTAl DATE OF CONTRACT COMPlETION VALUE PER CONTRACT %OF COMPLETION TO DATE See attached Complete Project Lists and In Progress Lists (Continue list on insert sheet, if necessary.) 6. Has a representative of the Bidder completely inspected the proposed project and does the Bidder have a complete plan for its performance? Yes 7. Will you subcontract any part of this work? If so, give details including a list of each subcontractor(s) thatwill perform work in excess often percent (10%) of the contract amount, the approximate percentage, and the work that will be performed by each such subcontractor(s). Include the name of the sUbcontractor(s) and the approximate percentage of work. See attached Proposed Subcontractor List BID NO: 58-00101 DATE: 9/12101 CITY OF MIAMI BEACH 29 The foregoing list of subcontractor(s) may not be amended after award of the Contract without the prior written approval of the Contract Administrator, whose approval shall not be unreasonably withheld. 8. What equipment do you own that is available for the work? Other than typical office equipment (canputers, Copier/Fax, etc.) we will be leasing all other equipment. 9. What equipment will you purchase for the proposed work? We will be leasing all major equi.!;JI1ellt. 10. What equipment will you rent for the proposed work? Surveying equipment, Lull, earth roving equipment, trailer, etc. 11. State the name of your proposed project manager and superintendent and give details of his or her qualifications and experience in managing similar work. Carlos Ruiz de Quevedo - See "attached Resume Tom Henry - See attached Resume BID NO: 58-00101 DATE: 9/12/01 CITY OF MIAMI BEACH 30 12. State the true. exact, correct and complete name of the partnership, corporation or trade name under which you do business and the address of the place of business. (If a corporation, state the name of the president and ~etary. If a partnership, state the names of aU partners. If a trade name, state the names of the individuals who do business under the trade name). Collage Design & Construction Group, Inc. 12.1 The correct name of the Bidder is dba The Collaqe Companies 12.2 The business is a (Sole Proprietorship) (Partnership) (Corporation). Corporation 12.3 The address of principal place of business is 585 Teclmology Park:, Ste. #100, Lak:e Mary, FL. 32746 12.4 The names of the corporate officers, or partners, or individuals doing business under a trade name, are as follows: Brian A. Walsh, President 12.5 List all organizations which were predecessors to Bidder or in which the principals or officers of the Bidder were principals or officers. N/A BID NO: 58-00101 DATE: 9/12101 CITY OF MIAMI BEACH 31 12.6. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description the disposition of each such petition. None 12.7. list and describe all successful 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). None 12.8 List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names; case, arbitration or hearing identification numbers; the name of the project over which the dispute arose; a description of the subject matter of the dispute; and the final outcome of the claim. None BID NO: 58-00101 DATE: 9/12101 CITY OF MIAMI BEACH 32 12.9. List and describe all criminal proceedings or hearings concerning business related offenses in which the Bidder, its principals or officers or predecessor organizatlon(s) were defendants. None 12.10. Has the Bidder, its principals, officers or predecessor organization(s) been debarred or suspended from bidding by any government during the last five (5) years? If yes, provide details. No 12.11. Under what conditions does the Bidder request Change Orders. Change of scope of work not clearly exhibited in the Construction Documents and additional work requested by Owner. am NO: 58-00101 DATE: 9/12101 CITY OF MIAMI BEACH 33 - .- 8 N ~ .! E .! i UJ '0 . <C - o w ~ W ..J Q. =e o CJ t w a a: Q. z o ~ ::) a: I- UJ Z o CJ UJ ~ a: <C Q. UJ W Z <C Q. ~ o CJ w ~ ..J ..J o CJ w j!: <Ii " '., !. e o u " co .!! '0 u " t: ~ ~ 8 ::J = Z o ~ .. Ul ::E i= Z o ~ l:l >. II'> 1;; .. ... " -= .5 -g tl Q, e o u l!l u l:! C o :.> '" ~ '" p., "" ~ N = - '" e ~.;; . ""~ p., ,g- '0 'C 111 >. 0 "" 'S; U::.!:! i!! -::E -'g~~ =.9" <-= B ~ e 1 .~-Q ~z~~ "O-1'A= ::0">0 as~~~ ,; = - c .;8 Ii ';; S .. ... .: ~ Jl cI/l~";::: "" _..J::E ~ "tI. 8 'ti .~ .:i ... cnQ~II'> ~.:! ~ ~ .!!~""'r-- ... e e ' ~.ac;~ =op.,>o .u _.... ~0:J;;; p.,;~~ ""r-- ~8: ::E- g r-- ~ on .... u o ,g '5 u:: .:i i-l"~ > 01 = Jlp.,e 8... ==p., "" ,2 ~ " CoIl " S~~ ~ '" u 'c 'C = - ",. " O~:!::S c='f'!1 !.!:;:::io C 'C ..J II'> ~iU.S( ~P.c~ e !:: 0- _ 0 Oo~ ~\C:E= u ~ ~ 100 <:!:~~ r-- ;:; o = 'f' = .... " ""= ~ri~ '> . l:! ~'tiE- !l~~ 1;ll:! =- 8 ~.E:2. cco",oe u p.,>o ;:. tJ01;;_ o N ~ \00 ::E[;;~~ 1;;r-- =", ~'" <- N N ...: on on '" .... ::E u ~ ~ .~,g = 'C '" 0 e- e'": o = u.9 = co ~:E " " c:~ ! .~ ~ X .:u_a 0>("01.... ><r-- 'o~~~ >..! ..J ~ c-gu.~ 8-";"" u~=~ ,g~~~ t-'-o~ g < ~~ ~ B i ,g cI/lJj " ~ oj = .!2 2 ~ 'il~>ol:! =<otl. ..:~~- ~ ~~= E- 0 .0.. c~.g~ ~ - ~ r:: ~=i:O x-o:! ~>o "'", "'", ~- -. o on oe ...: '" '" .... u o ~ ~,g ~ 'S ~u:: == ... .- ,,"" >"'" .- .. a::c .. 'w = ~ ,g :8] "" - '" ~ ~~ ~ !i;g .. . '" E,,'ti::2 >. = :l Jl5=~ > "'- ~<EN ~ ~ ~~ '- . 1:;;. ocncn~ .~:: ~ ~ UNZ;::,; g < 1::8 ~'f' 2 ~ B c cI/l;~ ..Si! w, 'il ~ g = 35 ~ u > looO e ~<it<. 5 ro~= ~!ri= E- 0 .0.. ccn.g~ ~-~r:: ;=-co x-o:! 11~ "'''' ::E- "" ~ g" on .... U o .. ." 'C o :lU:: = . ~"" " il > '" ~ ~ ': G:. e E ,,_>. :2== ~!1cn ~ OJ ~ ._ ..c u ClI::p.,Z = o j '3 . = 'i = "- .. e=",~ =e-="'- _f'I""l:= .;; :l ~ = ~~..JII'> _ct.t..~ o ~ _ "" s:e~~ Ul8~~ Q~.."," ~""~~ = .52 j . . c"O c ~ ..:: gJ e=",= =""", e.::",,:: .;; .. N = ~~~on .Cu,.", o eO . "" . ~N te1;lob to" 0 ~ ~ -u",,"" ~~~~ ri",,~~ .. .!Joe 0'" -'" ~- ~ N ; .... ::E U e .. '" ." !;! 'co '" - ::E8'": is .! ii s{/)! a t ~ '':::; QO,= '" ~ '" .!cc.! Jlcl/lJl .~ t! ~ o j ... 01 c"C c: t) ..:: 0 e=",.:: ="""'-8 e - .-. ~... >Uf'l""l..... ~~..Jon ,-Cu."" o eO _ "" . ",N t:g~ob ~u'ai! ~~~~ .~ j .. '" "" . 1:: --0 < = > u E iii ::E =""g:~ e.::.... '" .~ ~ ~ :c Ul~..Jon ,-CtI,.l.I'\ o 2 . "" . eRN te~ob r..a8~; ~~~i ri"'E-~ 1;;"" "'", co", ~- ~ ~ N .... ::E U < ClI:: .. cn~ b.2 .~ t<. ClI:: ..: '" e ti.~ c::E = .52 j .. '" "" .. 1:: --ti < = > u ~ iii ~ e-=8:-; .;; · ~ :f C ~ f'f': Ul'"..Jon c...5f,t..l.I'\ o e . "" s:e~~ Ul8..; Q 'ai- ~~~~ = .. >0 e !! .~ .- >0 Ul c;~~~ ~ .N:$ - ~.... Q 5l=..Joe '" tl.r-- = I;Ij . "I!t ClI::~~",;, cI/l.- > .... c.s::. cr<"'. ",p.,~,:: e-...."" U'} ('f"; U 0 .- 0 ~ 0\ WQQ~_ "" ~ '" ::E oe "" 0' "" N .... ~ .. ." 'C ~..Si! ..t<. p.,.:i B ~ .. " cii= ..." ... = o 0 e E ~o " co ~ ;c '" Z "0 " ::> c ~ G - .... 8 N .. ! E t . UJ '0 " c( - Q w Iu ..J A. ~ o (J e w ...., o a: A. z o fi =>> a: ~ z o o UJ :iliI:: a: c( A. UJ W Z c( A. ~ o (J w ~ ..J ..J o o w ::c I- = i ~ -..; < i~ ~ e~~.c e.=",]i ~8<'1= .- ~.... ~=ri~ ...i .~ o e I ' ..J 0 22 c.u '" ~~~i ri",,..~ g .~ l: ~ 0; 1:: -..; < = > '" ~ = ~ =.c~~ e .= '" = .- .. <'I = ~ ~ (""'. w~~'" ~c~'" o~ .-t t:e~~ w8.:g; ~~:!!g ri",~~ ~oo "a- =a- l;- ... 00 O. \0 00 .... ~ u < .. "''0 <Il 'C Jl.Si: c"'" - . ., ., ~ ~ .91 ~ ll. u:ti .~ II l ~ '3 0 iil = 1! ~ ~=o.Q e.co. . t:: .:: ,." .. os:,,<'I~ cfi~:l", ...=u.;I.I'\ o i .'" t:ai::b wU.c; ~~~i ~"'...~ s ~ ., ~ 0; Q <i~5t~ c ~ ~ I: -:1:!<'I~ ~ci5 rr. gVlri~ >-;;, ~-;" tt:~~~ ., Z '" '" 2!l_ ~ N 8:;';;", 0.... 0 ~ >, ........ '"a- =a- a - ... ~ i u o "l!! If .!! .. VJ '0 .. g:g - 0 ~lI: = . 81i! - '" =- ~i5 g J ... = .c 1: S. < = 1! '" ~= ~ ~5~'i os: '5 ~ :f = '" w~~", ,-Cu.;tI'l ~ i . ~ 6:ai' wu..c! ~~~~ ri",...::. g j ... = .c 1: ". < c"CI U ..> ... e- ... c=o..c e~~~ 'S:"<'I= c ~ '" t:.l=~'" c.,.otl.V"\ ~ e . ~ t:e~oO w81a; Q~~~ Ei",...~ ~~ ~~ ~ '" <'I .... ::E u CIl.g ~~ J~ >,> J:! g ~~ UJ UJ -d W 1~ .t- a: u- " 5 > .... =!l~~ <.... 0 0_ .... 10 >.=", -'Eli"" a: c~."" !!~ M 11. is ...."" at-. ~ . li .0 - . 5 t- i: UILI eo A.~ '" = v.i . ~ ... . o! t- o Z ;-. ~ .~ - a- 8~~~ 0::110 U ::E;:!jOj\!; w a a: 11. z N 0 &. t oS <.i = ':8~ - ::>> j!N.... -d a: ~ u.... ~ ~ .- ~ "; li UJ ol:l .... Z r.Il . .... C ...c ~~lieo 0 ~ ..: il N U r.Ilu"" .8<.;~ ~ .!J = ~ UJ ~ as E f ~.gJlcr . e - '" -"Cleo lie: . I! .. t=.OlUas'" 8.- o::i a: c-Q.IO "= U - .!!o..o;:; CC _ 1)\- CIS M ~ ...0 "';-"'0 11. 6~~\!; ~~8~ UJ u !l w ..,.Jl ~i oc. Z _ e _ e 8 0 CC u 11. ~ 0 c u 8 = ~ W N ~ ~ " ~ ~ ~ .. .... .8 10 ~ g .... .... ...J '3 '3 0 ~ 7 7 U ... ::E ~ ::E 21 0 w '" u u :r: .. >. .- .. ~ ~ ci. -g u .. !l c! w C!l ::I '" .. ~ il 5 = .~ 0 I .00 .~ '! i & ~ c '" II e a ~ ~ 8 c. ~ ~ "~ ~ ;: .~ ~ ~ ~ ;: c ;: ::I .. 0 .. 0 u :c u ll:: u PERSONNEL II THE COLLAGE COMPANIES " QuolitJ is II t<<Im effort Tetlmll'ort is uhilHd I11I1'tUt. Trust is gain<<l b1 pnf017lUl1lce. I bring to II project the crbility to IHdIl t<<Im to provide quality services." CARLOS RUIZ DE QUEVEDO - AlA, Sr. Project Manager. . Bachelor of Architecture, University of Miami, 1974 · 1979 - Licensed Architect - Florida - #7994 · 1980 - NCARB Certificate - #26265 · 1997 - Licensed Interior Design - Florida - #3627 · 25 Years experience Carlos Ruiz de Quevedo, is the Managing Principal for our South Florida Office. Carlos is a Licensed Architect in the State of Florida and provided professional services for the last 25 years in Dade, Palm Beach and Broward Counties. Most recently, he managed a large Design Firm with offices in Broward and Dade County. He will provide specific and focused leadership and attention to the needs of your projects. His project related experience include; site selection, feasibility studies, master planning. building programming. budgeting. scheduling. code research, design, construction documents, contract negotiations, construction administration, mediation and conflict resolution, permitting. zoning variances and approvals. Mr. Quevedo lived in the South Florida area since 1961. His vast project experience as Principal Architect and Project Manager in the South Florida area has enabled him to gain extensive knowledge and experience with local regulations and their regulating agencies, as well as Federal/State accessibility laws and regulations. His personal familiarization with with all the aspectS of the programming, planning and design process makes Collage unique and unsurpassed in our ability to meet your needs. AWARDS - AFFILIATIONS - HONORS . American Institute of Architects, Corporate Member, Chairman, Professional Liability Insurance Committee, AlE Selection Committee, Govemment Affairs Committee, Architecture Week Committee, Trustee FA/AlA health Insurance Trust, Miami Chapter Secretary, Treasurer, Vice President. President and Alternate State Di rector . Miami Chap. AlA, President's Award for Community Service after Hurricane Andrew · FA/AlA Anthony Pullara Chapter Award, 1990 · Florida South Chapter AlA, president's Award, 1986 . Florida Educational Facilities Planners Association, Member, Panelist · Rotary Club of Miami, President, 1989-present . Construction Owners Association of America, Member, Panelist . Girl Scouts of America of Tropical Florida, Board of Directors, Chairman, Site and Facilities task Force, 1992-95 . Granada Presbyterian Church-PC.~, Board of Elders, 1987-present . City of west Miami Planning and Zoning Board, Chairmen, 1981-88 . Greater Miami Chamber 01 Commerce, Trustee, 1990195 . We Will ReBuild Miami, Committee Member, 1992-93 . Society of College and University Planners (SCUP), Member . American Library Association Member THE COLLAGE COMPANIES . COMMITTED TO QUALITY .THE COLLAGE COMPANIES PERSONNEL PARTIAL lIST- PROJECT EXPERIENCE - CARLOS RUIZ DE QUEVEDO . Miami-Dade County Medical Examiners Building. $10.3 Million building which included laboratories, administrative areas and other ancillary areas. . . Radiation Therapy Building at Veterans Administration Medical Center in Miami including a $2 million expansion that included two linear accelerators. . BCC/FAU Joint Use Library & Leaming Resources Center, Central Campus, Remodel 59,000 SF existing building & add approx. 75,000 SF four story addition. Budget $12 mil An existing two-story 60,000 SF Library was completely remodeled and a 75,000 four- story building was added to house the expanded library, plus leaming laboratories, TV studio and other ancillary function. · FAU College of Liberal Arts, Davie, FI. New 105,000 SF, Four Story, Campus Building. Budget approx. $11.4 mil. New four stories 105,000 SF multi-use Campus Building housing various functions including the College of Liberal Arts, Nursing. Music Programs, Construction Management, History Department, Music Studio in addition to Admissions, Registration, Advisement, Student Services Center, etc. . FAUIBCC Joint Use Higher Leaming Center, Ft. lauderdale, FI New 150,000 SF joint-use facility to house various programs including the School of Architecture and Urban Planning in addition to the District offices for the college and university. (Programming through 50% CD), 12 Story Classroom and Adm. Building. Budget approx. $18.7 mil . Broward Community College (BCCI, South Campus, Building 71 Remodeling . Tallavera 24 Classroom Addition (Prototype Classroom Building), Budget $4.8 mil · Miami Dade Community College (MOCO, numerous remodeling projects totaling over $8 mil · Florida Atlantic University, numerous remodeling projects, totaling over $3.5 mil · Miami Dade County Public Schools, remodeling and additions to Coral Way Elementary, Coral Gables Elementary, Olympia Heights Elementary Schools, totaling approx. $4 mil . MOCC Aviation School, approx. $1 mil . Liberty Square Rehabilitation, remodel multiple housing project. Budget approx. $32 mil. . Notre-Dame di' Haiti University Campus Master Plan, Bercy, Haiti, Master plan for a new university in a lSD-acre site approximately 25 miles from Port-au-Prince, Haiti. The master plan included numerous academic and administrative buildings in addition to faculty, student housing. monastery, artist colony and central utilities plant. . Miami Dade Community College Aviation Center Builing Program and Master Plan, Homestead, Florida · Fininvest 45,000 sf Office Bldg. Key Biscayne, FI . Florida Intemational University, Academic II Building. North Campus, Miami, Florida . Dade County Medical Examiners Building Program, Master Plan and Preliminary Design, Miami, Florida . Overtown Rapid Transit Station, Miami, FI. . Camino Real Center, Boca Raton, FI. Office Campus project that included four buildings, parking & ancillary facilities.' . Co-Ed Multipurpose Athletic Facility, Florida Atlantic University, Boca Raton, Florida. (In progress) . Airport Concourse "E" Expansion, MIA, Miami, FI Mr. Ruiz's vast project history as an architect enabled him to gain diversified knowledge and experience. THE COLLAGE COMPANIES . COMMITTED TO QUALITY . THE COLLAGE COMPANIES PERSONNEL TOM HENRY- PROJECT SUPERINTENDENT 1978 - Bachelor of Engineering, Florida A&M University 1981 - CPM for Construction Management - University of Alabama Certified General Contractor - State of Florida - CGC 016572 24 Years experience Resides in Coral Gables, Florida with todily's Mr. Henry has 24 years of experience as a Facilities Engineer, Superintendent, Project Manager, Estimator, and Senior Project Manager on commercial, civil and municipal projects. His project related tasks include; site selection, feasibility studies, master planning, building programming, budgeting, scheduling, code research, design, construction documents, contract negotiations, construction administration, mediation and conflict resolution, pennitting, zoning variances and approvals, cost control, value engineering, and quality assurance through both the design and construction phases of projects. "When fabrieating technology even tIN tiniest of details attended to. He will be responsible for completion of the tasks necessary to ensure that construction is performed according to the plans and specifications, on time, and within a defined budget. He will assure that the quality standards set by the plans and specifications will control the quality of work and ultimately those quality standards as established by the designer. must be diligently Everyone on the job sight F :\ elL I TIE S E N GIN E E RA N D P ~ 0 G ~ .A :\ \ CONSTRUCTION SUPERVISOR must have a . Lockheed Martin Wafer Fab Clean Room Facilities (Class 100l zero-tolerance · Lockheed Martin Chemical Storage Facilities mind-set" · Orange County Convention Phase 1 Retrofit Tom Henry Project Manager · City of Orlando Lake Eola Renovation · Orlando Science Center . University of Central Florida Engineering Bid. . Hungerford Elementary School THE COLLAGE COMPANIES . COMMITTED TO QUALITY '. ;. .'. '. .. I , .. ~ \ .',,-.. ';, ", \\ \'-. i"f'1'1':"C,J,'Lft.';,.II,:'. . .:r1- :;~I,...;~-;- .11 "':":"\1: . ".,~, 't ".l< 'I" . '" , \\ ' t ," \. ;~~";h {t1II,I",:~' :-)l''''~r' :'.,,(: . , (. ( ~ -. ., ' , , , .. .. THE COLLAGE COMPANIES October 10, 200 I City of Miami Beach Procurement Division Director 1700 Convention Center Dr., 3rd. Floor Miami Beach, Florida 33139 RE: CONSTRUCTION OF NORTH SHORE PARK AND YOUTH CENTER BID/CONTRACT NO.: 58-00101 SUBJ: PROPOSED SUBCONTRACTOR LIST SCOPE OF WORK ce \e-<-_ \'\"t.... SUBCONTRACTOR NAME APPROX. % OF WORK V~"c....,:) \ "3 cL 00520. THIS FORM MUST BE SUBUmED PRIOR TO AWARD FOR BIDDER TO BE DEEMED RESPONSIBLE. Submitted this 8th day of October .2001. The undersigned, as Bidder, declares that the only persons interested in this Bid are named herein; that no other person has any interest in this Bid or in the Contract to which this Bid pertains; that this Bid is made without connection or arrangement with any other person; and that this Bid is in every respect fair and made in good faith, without collusion or fraud. The Bidder agrees if this Bid is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a fonnal 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. 58-00/01 . Brian A. Walsh PRINTED NAME President TITLE (IF CORPORATION) BID NO: 58-00/01 DATE: 9/12101 CITY OF MIAMI BEACH 3<& 00530. SUPPLEMENT TO BlorrENDER FORM DRUG FREE WORKPLACE CERTIFICATION THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO BE DEEMED RESPONSIBLE. 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; BID NO: 58-00/01 DATE: 9/12/01 CITY OF MIAMI BEACH 35 (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, 0_ 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). (Bj der Co lag Design & Construction Group Inc. dba The Collage Companies (Print Vendor Name) STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this 8TH day of October , 20..2!,., by Brian A. Walsh, President as (name of person whose signature is being notarized) President (title) of Collaqe Desiqn & Construction Grollf) Inc. dba The Collag (name of corporation/company) Companie known to me to be the person described herein, or who produced N/A as laentlflcatlon, ana wno alCJJala not take an oath. NOTARY PUBLIC: Jenise Hebbeler (Print Name) "'I'~ Jenise Habheler ~ Cmrmf~ 'OC5lliMll . E BJph'l!I MIrch 10. 2IOlI5 ..~ lbIded 'JIn - ~~ AIlanllc llaadIar Ql., _ My commission expires: 3/10/05 BID NO: 58-00/01 DATE: 9/11/01 CITY OF MIAMI BEACH 36 00540. THIS FORM MUST BE SUBMITTED WITH BID FOR BID TO BE DEEMED RESPONSIVE. On October 1, 1990 House Bill 3181, known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR.S.1926.650, as Florida's own standards. The Bidder, by virtue of the signature below, affirms that the Bidder is aware of this 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 PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT. THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. The Bidder further identified the costs and methods summarized below: Description SbV\~':~ Unit Quantity Unit Price Price Extended Method l~ :;. ?>co '" .4._... v .-~:::I \300 _~ACi-l Total $ \'300- Bm NO: 58-OOJ01 DATE: 9/12/01 CITY OF MIAMI BEACH 37 Inc. .COMf.LffilQN BEQUIRES FILLING IN THE APPROPRIATE Qf;1'AILS VNDER mE HEADINGS. 1.8.. DESCRIPTION. UNIT. QUANTITY PRICE. UNIT PRICE. EXTENDED. AND MEnlOD. Bm NO: 58-00101 DATI: 9/12101 CITY OF MIAMI BEACH 38 9753.101 SBCTION 00820 CBRTIFICATB OF COJIPLIANCB TRENCH SAFBTY ACT rj;:P' PART - 1 - GBNBRAL 1.01 SECTION INCLUDES A. provisions for Certificate of Compliance for Trench Safety act including Trench Safety Act Compliance Statement. 1.02 INSTRUCTIONS A. Provide properly executed "Trench Safety Act Compliance Statement: in the same envelope as the Bid Form, instructions as follows: 1. For all excavations that exceed five feet in depth from the existing surface elevation, the Contractor shall assure that all provisions of the Florida State Bill CS/SB 2626, the 1990 "Trench Safety Act" shall be met. 2. The Bidder shall identify the method or methods of compliance with the "Trench Safety Act." 3. The Bidder shall identify the cost to comply with these standards either on a cost per lineal foot of trench excavation and/or cost per square foot of shoring used. 4. No separate payment will be made for these items, but they must be identified din the/this Bid/Certificate of Compliance - Trench Safety Act. 1.03 CONTRACTOR I S STATEMENT A. The current trench safety standards in effect are Occupational Safety and Health Administrations {OSHA Excavating Safety Standards 29 C.F.R. Part 1926.650, Subparagraph P. "We will use: -2l sloping, ___ shoring, ___ trench box, ___ other Specify method (shall comply with the 1990 "Trench Safety Act") . 31 March 2001 00820 - 1 Ci~y of Miami Beach Horth Shore Park An Youth Center 9753.101 B. The cost of compliance with this Trench Safety Act is included as part of the lump sum or unit price bid proposals contained in the Bid Package. 1. The cost of complying with the requirement is: Cost per lineal foot of trench excavation $ Cost per square .foot of shoring used $ 10/8/01 Date PART - 2 - PRODUC'l'S [Not U.ed] PART - 3 - BXBCUTION' [Not U.ed] 31 Karch 2001 00820 - 2 City of Miami Beach North Shore Park An Youth Center ( ( ( 9753.101 TRBNCH SAnTY ACT COXPLIANCB STATBMBHT li:lrth Shore Parle and Youth Proj ect Name Center proj ect No. 58-00/01 Project Location 501 nnd Street, Miami Beach, FL. 44141 Instructions: Chapter 90-96 of the Laws of Florida requires all Contractors engaged by 'nle Collage Companies to comply with Occupational Safety and Health Administration Standard 29 C. F .R. S. 1926.650 Subpart P. All prospective Contractors are required to sign the Compliance Statement and provide compliance cost information where indicated below. The costs for complying with the Trench Safety Act must be incorporated into this project's base bid as shown on Page 1 of this document. Certify this form in the presence of a notary public or other officer authorized to administer oaths. Certification: 1. I understand that chapter 90-96 of the Laws of Florida (The Trench Safety Act) requires me to comply with OSHA Standard 29 C.F.R.S. 1926.650, Subpart P. I will comply with Trench Safety Act and I will design and provide trench safety systems at all trench excavations in excess of five feet in depth for this project. 2. The estimated cost imposed by compliance with The Trench Safety Act will be: ~e ..\,""...v,;)'^~ \.-\""rtt ~h.....,J~A (Written) Dollars . - $_\~C (Figures) 3. The amount listed above has been included in the Base Bid in the Bid Form. s t's Signature) ia A. Walsh (President's Typed or Printed Name) Certified: Inc. dba The Collage Companies BND OF SECTION 00820 31 March 2001 00820 - 3 City of Miami Beach North Shore Park An Youth Center 00550. 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. j BID NO: 58-00/01 DATE: 9/11101 CITY OF MIAMI BEACH 39 00600. CONTRACT CONT~CT 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 G<<ln~ 1D'i?I~ t {Q.,A~cW1 (;~l \' ' TVlC.. , hereinafter referred to as CONTRACTOR. dh -rw... ~\~ ~QS WIT N E SSE 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 Notice to Proceed and Purchase Order will not be issued until CONTRACTOR's submission to CITY of all required documents and after execution of the Contract by both parties. 2.1.1. The receipt of all necessary permits by CONTRACTOR and acceptance of the full progress schedule in accordance with technical specifications section, submittal schedule and schedule of values is a condition precedent to the issuance of a second Notice to Proceed to mobilize on the Project site and commence with physicatconstruction work. 2.2 Time is of the essence throughout this Contract. There are three (3) Phases to this project. The Work for Phase I shall be substantially completed within One- Hundred Eighty (180) calendar days from the Project Initiation Date specified in BID NO: 58-00/01 DATE: 9/12/01 CITY OF MIAMI BEACH 40 the Notice to Proceed. Phase II shall be substantially completed within Three- Hundred Sixty (360) calendar days from the Project Initiation Date specified in the Notice to Proceed. Phase III shall be substantially completed within Four- Hundred Fifty (450) calendar days from the Project Initiation Date specified in the Notice to Proceed. Project shall be completed and ready for final.payment in accordance with Article 5, Phase I - Two-Hundred Twenty Five (225) calendar days from the Project Initiation Date specified in the Notice to Proceed. Phase II, Four-Hundred Five (405) calendar days from the Project Initiation Date specified in the Notice to Proceed. Phase III, Four-Hundred Ninety Five (495) calendar days from the Project Initiation Date specified in the Notice to Proceed. 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 Three-Hundred Dollars ($3b~) for each calendar day after the time specified in Section 2.2 above, plus any approved time extensions, for Substantial Completion. After Substantial Completion should CONTRACTOR fail to complete the remaining work within the time specified in Section 2.2 above, plus approved time extensions thereof, for completion and readiness for final payment, CONTRACTOR shall pay to CITY the sum of Three-Hundred ($3P9:~.Q) 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. Uquidated 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 conceming 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. BID NO: 58-00/01 DATE: 9112101 CITY OF MIAMI BEACH 41 2.6 SAVINGS - City and Contractor recognize that both parties will benefit financially should the Project be completed prior to the contract time specified in Paragraph 2.2 of the Contract (Agreement). Accordingly, for each calendar day that the contract work is accepted by the City prior to the contract time specified for Substantial Completion in Paragraph 2.2 of the Three-Hundred ($300.00) Dollars a day per Phase or max of $9,000.00 per Phase. Such payment will be made after final acceptance in accordance with Section Article 5. The liquidated savings payment amount represents a reasonable estimate of the City's savings for inspection, engineering services and administrative costs realized from early completion. BID NO: 58-00/01 DATE: 9/12/01 CITY OF MIAMI BEACH 42 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 Lumo Sum Contract:* 3.1 CITY shall pay to CONTRACTOR for the performance of the Work described in the Contract Documents, the total price stated as awarded. 3.2 Payment shall be at the lump sum price stated in the Contract. This price shall be full compensation for all costs, including overhead and profit, associated with completion of all the work in full conformity with the requirements as stated or shown, or both, in the Contract Documents. The cost of any item of work not covered by a definite Contract lump sum should be included in the lump sum price to which the item is most applicable. *Note: Some Projects include both unit prices and lump sums in which case both sections shall apply to the Work identified for each type of Contract. ARTICLE 4 PROGRESS PAYMENTS 4.1 CONTRACTOR may make Application for Payment for work completed during the Project at intervals of not more than once a month. CONTRACTOR's application shall show a complete breakdown of the Project components, the quantities completed and the amount due, together with such supporting evidence as may be required by CONSULTANT. CONTRACTOR shall include, but same shall be limited to, at Consultant's discretion, with each Application for Payment. an updated progress schedule acceptable to CONSULTANT as BID NO: 58-00/01 DATE: 9/12101 CITY OF MIAMI BEACH 43 required by the Contract Documents and a release of liens and consent of surety relative to the work which is the subject of the Application. Each Application for Payment shall be submitted in triplicate to CONSULTANT for approval. CITY shall make payment to CONTRACTOR within thirty (30) days after approval by CONSULTANT of CONTRACTOR's Application for Payment and submission of an acceptable updated progress schedule. 4.2 Ten percent (10%) of all monies earned by CONTRACTOR shall be retained by CITY until Final Completion and acceptance by CITY in accordance with Article 5 hereof, except that after ninety percent (90%) of the Work has been completed, the Contract Administrator may reduce the retainage to five percent (5%) of all monies previously earned and all monies earned thereafter. Any reduction in retainage shall be in the sole discretion of the Contract Administrator, shall be recommended by CONSULTANT and CONTRACTOR shall have no entitlement to a reduction. Any interest earned on retainage shall accrue to the benefit of CITY. All requests for retainage reduction shall be in writing in a separate stand alone document. 4.3 CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: 4.3.1 Defective work not remedied. 4.3.2 Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR or CITY because of CONTRACTOR's performance. 4.3.3 Failure of CONTRACTOR to make payments properly to Subcontractors or for material or labor. 4.3.4 Damage to another contractor not remedied. 4.3.5 Liquidated damages and costs incurred by CONSULTANT for extended construction administration. .4.3.6 Failure of CONTRACTOR to provide any and all documents required by the Contract Documents. When the above grounds are removed or resolved satisfactory to the Contract Administrator, payment shall be made in whole or in part. BID NO: 58-00/01 DATE: 9/12/01 CITY OF MIAMI BEACH 44 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. BID NO: 58-00/01 DATE: 9/12101 CITY OF MIAMI BEACH 45 ,I 6.2 Where there is a conflict between any provision set forth within the Contract Documents and a more stringent state or federal provision which is applicable to this Project, the more stringent state or federal provision shall prevail. 6.3 Public Entitv 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 Indeoendent Contractor CONTRACTOR is an independent contractor under this Contract. Services provided by CONTRACTOR pursuant to this Contract shall be subject to the supervision of CONTRACTOR. In providing such services, neither CONTRACTOR nor its agents 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 Partv Beneficiaries Neither CONTRACTOR nor CITY intend to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract. 6.6 Notices Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, retum receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set BID NO: 58-00/01 DATE: 9/12/01 CITY OF MIAMI BEACH 46 forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For CITY: ~~'I~~:~~ ~ \,eo c.....U'opl.\~clV\ 101'~ ~~ '-t1;ak.L ~nt'1A \ ~L. ?B1~q Hrn: Gu.s ~ I -p~ 1)\~ With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: . ... r_uA11.. r. -r_ Co\~ ~ ()MUl \ClU.\.~o\\ ~. ...!,w;... dbo.. ,~ G:.l~ ~. ~~ T41~~ 'Fh.~ <;...;.tl ~ j.n.1t'., ~ 1+1 2.2.+4'- ~.... ~ ~~ A.. \J"lsl.., l'reYiu 6.7 Assionment 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 fjnal product(s) provided to or on behalf of CITY shall be comparable to the best local and national standards. BID NO: 58-00/01 DATE: 9/12/01 CITY OF MIAMI BEACH 47 6.8 Materialitv 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. 6.10 Aoolicable Law and Venue This Contract shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Contract, CONTRACTOR and CITY hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Project CONTRACTOR, shall specifically bind all subcontractors to the provisions of this Contract 6.11 Amendments No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the Board and CONTRACTOR. 6.12 Prior Aareements 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 conceming 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 BID NO: 58-00/01 DATE: 9/12101 CITY OF MIAMI BEACH 48 representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with Section 6.11 above. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. F MIAMI BEACH ~kP~ Robert Parcher, City Clerk CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE CORPORATION OR NONCORPORATION FORMAT, AS APPLICABLE. [If incorporated sign below.] ATTEST: CONTRACTOR Collage Design & Construction Group, Inc., dba The Collage Companies (N me f Corporation) By: (Corporate Seal) Brian A. Walsh, President (Print Name and Title) 24t}jjayof January ,20...Q.L. [If not incorporated sign below.] WITNESSES: CONTRACTOR (Name of Firm) (Signature) By: (Print Name and Title) APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION UI S IVE (5) FULLY-EXECUTED CONTRACTS, FOR DISTRIBUTION. ~-~;.O ~y OF MIAMI BEACH 49 _ day of ,20_. 00708. FORM CERTIFICATE OF INSURANCE BID NO: 58-00/01 DATE: 9/12/01 A form Certificate of Insurance will be attached here. CITY OF MIAMI BEACH 50 ~':L,," _ ',::;;;;~L ' ':l:~~; ..- ~ . ,. d' ,"." .'. , 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 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: 58-00/01 DATE: 9/12/01 CITY OF MIAMI BEACH 59 00800. GENERAL CONDITIONS: 1. Proiect Manual: 1.1. The Project Manual includes any general or special Contract conditions or specifications attached hereto. 1.2. The Project Manual, along with all documents that make up and constitute the Contract Documents, shall be followed in strict accordance as to work, performance, material, and dimensions except when CONSULTANT may authorize, in writing, an exception. 1.3. Dimensions given in figures are to hold preference over scaled measurements from the drawings; however, all discrepancies shall be resolved by CONSULTANT. CONTRACTOR shall not proceed when in doubt as to any dimension or measurement, but shall seek clarification from CONSULTANT. 1.4. CONTRACTOR shall be furnished three (3) copies, free of charge, of the Project Manual; two of which shall be preserved and always kept accessible to CONSULTANT and CONSULTANT's authorized representatives. Additional copies of the Project Manual may be obtained from CITY at the cost of reproduction. 2. Intention of CITY: It is the intent of CITY to describe in the Contract Documents a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents and in accordance with all codes and regulations goveming construction of the Project. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied by CONTRACTOR whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals, or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of opening of bids and CONTRACTOR shall comply therewith. CITY shall have no duties other than those duties and obligations expressly set forth within the Contract Documents. BID NO: 58-00/01 DATE: 9/12101 CITY OF MIAMI BEACH 60 3. Preliminarv Matters: 3.1. Within five (5) calendar days prior to the pre-construction meeting described in Section 3.2, CONTRACTOR shall submit to CONSULTANT for CONSULTANT's review and acceptance: 3.1.1. A progress schedule in the indicated form: [ ] Bar Chart [ ] Modified CPM [ X] CPM [ ] Computerized CPM (CPM shall be interpreted to be generally as outlined in the Association of General Contractors (AGC) publication, "The Use of CPM in Construction.") The progress schedule shall indicate the start and completion dates of the various stages of the Work and shall show an activity network for the planning and execution of the Work. Included with the progress schedule shall be a narrative description of the progress schedule. The progress schedule must be updated monthly by CONTRACTOR, submitted as part of each Application for Payment and shall be acceptable to CONSULTANT. 3.1.2. A preliminary schedule of Shop Drawing submissions; and 3.1.3. In a lump sum contract or in a contract which includes lump sum bid items of Work, a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of work which will be confirmed in writing by CONTRACTOR at the time of submission. [X] Such prices shall be broken down to show labor, equipment, materials and overhead and profit. 3.1.4. After award but prior to the submission of the progress schedule, CONSULTANT, Contract Administrator and CONTRACTOR shlill meet with all utility owners and secure from them a schedule of BID NO: 58-00/01 DATE: 9/12101 CITY OF MIAMI BEACH 61 utility relocation, provided, however, neither CONSULTANT nor CITY shall be responsible for the nonperformance by the utility owners. 3.2. At a time specified by CONSULTANT but before CONTRACTOR starts the work at the Project site, a conference attended by CONTRACTOR, CONSULTANT and others as deemed appropriate by Contract Administrator, will be held to discuss the schedules referred to in Section 3.1, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. 3.3. Within thirty-five (35) days from the Project Initiation Date set forth in the Notice to Proceed, a conference attended by CONTRACTOR, CONSULTANT and others, as appropriate, will be held to finalize the schedules submitted in accordance with Section 3.1. Within forty-five (45) days after the Project Initiation Date set forth in the Notice to Proceed, the CONTRACTOR shall revise the original schedule submittal to address all review comments from the CPM review conference and resubmit for CONSULTANT review. The finalized progress schedule will be accepted by CONSULTANT only as providing an orderly progression of the Work to completion within the Contract Time, but such acceptance shall not constitute acceptance by CITY or CONSULTANT of the means or methods of construction or of the sequencing or scheduling of the Work, and such acceptance will neither impose on CONSULTANT or CITY responsibility for the progress or scheduling of the Work nor relieve CONTRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions must be acceptable to CONSULTANT as providing a workable arrangement for processing the submissions. The finalized schedule of values pursuant to Section 3.1.3 above must be acceptable to CONSULTANT as to form and substance. 4. Performance Bond and Pavment 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. BID NO: 58-00/01 DATE: 9/12/01 CITY OF MIAMI BEACH 62 4.1. Each Bond shall be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to CITY the completion and performance of the work covered in such Contract as well as full payment of all suppliers, laborers, or subcontractors employed pursuant to this Project. Each Bond shall be with a surety company which is qualified pursuant to Article 5. 4.2. Each Bond shall continue in effect for one year after Final Completion and acceptance of the work with liability equal to one hundred percent (100%) of the Contract sum, or an additional bond shall be conditioned that CONTRACTOR will, upon notification by CITY, correct any defective or faulty work or materials which appear within one year after Final Completion of the Contract. 4.3. Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as may be amended from time to time, CONTRACTOR shall ensure that the bond(s) referenced above shall be recorded in the public records of Miami-Dade County and provide CITY with evidence of such recording. 4.4. Alternate Form of Securitv: In lieu of a Performance Bond and a Payment Bond, CONTRACTOR may furnish alternate forms of security which may be in the form of cash, money order, certified check, cashier's check or unconditional letter of credit in the form attached hereto as Form 00735. Such alternate forms of security shall be subject to the prior approval of CITY and for same purpose and shall be subject to the same conditions as those applicable above and shall be held by CITY for one year after completion and acceptance of the Work. 5. Qualification of Suretv: 5.1. Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred Thousand Dollars ($500,000.00): 5.1.1. Each bond must be executed by a surety company of recognized 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. 5.1.2. The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with United States Department of Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the surety BID NO: 58-00/01 DATE: 9112/01 CITY OF MIAMI BEACH 63 company shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular . 297, revised September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the surety company shall provide. CITY with evidence satisfactory to CITY, that such excess risk has been protected in an acceptable manner. 5.1.3. The CITY will accept a surety bond from a company with a rating of B+ or better for bonds up to $2 million, provided, however, that if any surety company appears on the watch list that is published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the CITY shall review and either accept or reject the surety company based on the financial 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 Ratinas Cateaorv 500,001 to 1,000,000 B+ Class I 1,000,001 to 2,000,000 B+ Class II 2,000,001 to 5,000,000 A Class III 5,000,001 to 10,000,000 A Class IV 10,000,001 to 25,000,000 A Class V 25,000,001 to 50,000,000 A Class VI 50,000,001 or more A Class VII 5.2. For projects of $500,000.00 or less, CITY may accept a Bid Bond, 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. BID NO: 58-00/01 DATE: 9/12101 CITY OF MIAMI BEACH 64 5.3. More stringent requirements of any grantor agency are set forth within the Supplemental Conditions. If there are no more stringent requirements, the provisions of this section shall apply. 6. Indemnification: 6.1 CONTRACTOR shall indemnify and hold harmless CITY, its officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of CONTRACTOR and persons employed or utilized by CONTRACTOR in the performance of this Agreement. Except as specifically provided herein, this Agreement does not require CONTRACTOR to indemnify CITY, its employees, officers, directors, or agents from any liability, damage, loss, claim, action, or proceeding. These indemnifications shall survive the term of this Agreement. In the event that any action or proceeding is brought against CITY by reason of any such claim or demand, CONTRACTOR shall, upon written notice from CITY, resist and defend such action or proceeding by counsel satisfactory to CITY. 6.2 The indemnification provided above shall obligate CONTRACTOR to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at CITY's option, any and all claims of liability and all suits and actions of every name and description covered by Section 6.1 above which may be brought against CITY whether performed by CONTRACTOR, or persons employed or utilized by CONTRACTOR. 7. Insurance Reauirements: 7.1. Without limiting any of the other obligations or liabilities of CONTRACTOR, CONTRACTOR shall provide, pay for, and maintain in force until all of its work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverages set forth herein. 7.1 .1. Workers' Compensation insurance to apply for all employees in compliance with the 'Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) must include: BID NO: 58-00/01 DATE: 9/12101 CITY OF MIAMI BEACH 65 7.1.1.1. Employers' Liability with a limit of (Included with Workers Camp.) OQIJ~) each accident. 7.1.1.2. If any operations are to be undertaken on or about navigable waters, coverage must be included for the U.S. Longshoremen & Harbor Workers Act and Jones Act. 7.1.2. Comprehensive General Liability with minimum limits of an~ rJ.l!J!i!:[l!t.pol~WOg:OJj.o:am per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: [ X] 7.1.2.1. Premises and/or Operations. [ X] 7.1.2.2. Independent Contractors. [ X] 7.1.2.3. Products and/or Completed Operations for contracts over Fifty Thousand Dollars ($50,000.00) CONTRACTOR shall maintain in force until at least three years after completion of all work required under the Contract, coverage for Products and Completed Operations, including Broad Form Property Damage. [ X] 7.1.2.4. Explosion, Collapse and Underground Coverages. [ X] 7.1.2.5. Broad Form Property Damage. [ X] 7.1.2.6. Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. [ ] 7.1.2.7. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. [ X] 7.1.2.8. CITY is to be expressly included as an Additional Insured with respect to liability arising out of operations performed for CITY by or on behalf of CONTRACTOR or acts or omissions of CONTRACTOR in connection with general supervision of such operation. BID NO: 58-00/01 CITY OF MIAMI BEACH DATE: 9/12/01 66 7.1.3. Business Automobile Liability with minimum limits of 9.1Th1M~lf@n P::2!I!r!]$'CImoorOlfO:obl per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive thall the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: 7.1.3.1. 7.1.3.2. 7.1.3.3. Owned Vehicles. Hired and Non-Owned Vehicles. Employers' Non-Ownership. (Not Applicable to this bid) [] 7.1.4. Builder's Risk insurance for the construction of and/or addition to aboveground buildings or structures islis not required. The coverage shall be "All Risk" coverage for 100 percent of the completed value, covering CITY as a named insured, with a deductible of not more than Five Thousand Dollars ($5,000.00) each claim. 7.1.4.1. Waiver of Occupancy Clause or Warranty--Policy must be specifically endorsed to eliminate any "Occupancy Clause" or similar warranty or representation that the building(s), addition(s) or structure(s) in the course of construction shall not be occupied without specific endorsement of the policy. The Policy must be endorsed to provide that the Builder's Risk coverage will continue to apply until final acceptance of the building(s), addition(s) or structure(s) by CITY. [ ] 7.1.4.2. Flood Insurance--When the buildings or structures are located within an identified special flood hazard area, flood insurance must be afforded for the lesser of the total insurable value of such buildings or structures, or, the maximum amount of flood insurance coverage available under the National Flood Program. [] 7.1.5. Installation Floater for the installation of machinery and/or equipment into an existing structure is/is not required. The coverage shall be "All Risk" coverage including installation and transit for 100 percent of the "installed replacement cost value," covering CITY as a named insured, with a deductible of not more than Five Thousand Dollars ($5,000.00) each claim. BID NO: 58-00/01 DATE: 9/12101 CITY OF MIAMI BEACH 67 7.1.5.1. Cessation of Insurance-Coverage is not to cease and is to remain in force (subject to cancellation notice) until final acceptance by CITY. 7.1.5.2. Flood Insurance-When the machinery or equipment is located within an identified special flood hazard area, flood insurance must be afforded for the lesser of the total insurable value of such buildings or structure, or, the maximum amount of flood insurance coverage available under the National Flood Program. 7.2. If the initial insurance expires prior to the completion of the work, renewal copies of policies shall be furnished at least thirty (30) days prior to the date of their expiration. 7.3. Notice of Cancellation and/or Restriction-The policy(ies) must be endorsed to provide CITY with at least thirty (30) days notice of cancellation and/or restriction. 7.4. CONTRACTOR shall furnish to the City's Risk Manager Certificates of Insurance or endorsements evidencing the insurance coverage specified above within fifteen (15) calendar days after notification of award of the Contract. The required Certificates of Insurance shall name the types of policies provided, refer specifically to this Contract, and state that such insurance is as required by this Contract. The Certificate of Insurance shall be in form similar to and contain the information set forth in Form 00708. 7.5. The official title of the Owner is the City of Miami Beach, Florida. This official title shall be used in all insurance documentation. 8. Labor and Materials: . 8.1. Unless otherwise provided herein, CONTRACTOR shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether-or not incorporated or to be incorporated in the Work. 8.2. CONTRACTOR shall at all times enforce strict discipline and good order among its employees and subcontractors at the Project site and shall not employ on the Project any unfit person or anyone not skilled in the work to which they are assigned. BID NO: 58-00/01 DATE: 9/12101 CITY OF MIAMI BEACH 68 9. Rovalties and Patents: All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article, material, arrangement, appliance, or method that may be used upon or in any manner be connected with the construction of the Work or appurtenances, are hereby included in the prices stipulated in this Contract for said work. 10. Weather: Extensions to the Contract Time for delays caused by the effects of inclement weather shall be submitted as a request for a change in the Contract Time pursuant to Article 40. These time extensions are justified only when rains or other inclement weather conditions or related adverse soil conditions prevent CONTRACTOR from productively performing controlling items of work identified on the accepted schedule or updates resulting in: (1) CONTRACTOR being unable to work at least fifty percent (50%) of the normal workday on controlling items of work identified on the accepted schedule or updates due to adverse weather conditions; or (2) CONTRACTOR must make major repairs to the Work damaged by weather. Providing the damage was not attributable to a failure to perform or neglect by CONTRACTOR, and providing that CONTRACTOR was unable to work at least fifty percent (50%) of the normal workday on controlling items of work identified on the accepted schedule or updates. 11. Permits. Licenses and Imoact Fees: 11.1. Except as otherwise provided within the Supplemental Conditions, all permits and licenses required by federal, state or local laws, rules and regulations necessary for the prosecution of the Work undertaken by CONTRACTOR pursuant to this Contract shall be secured and paid for by CONTRACTOR. It is CONTRACTOR's responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the Work to be performed and valid for the jurisdiction in which the Work is to be performed for all persons working on the Project for whom a Certificate of Competency is required. 11.2. Impact fees levied by the City and/or Miami-Dade County shall be paid by CONTRACTOR. CONTRACTOR shall be reimbursed only for the actual amount of the impact fee levied by the municipality as evidenced by an invoice or other acceptable documentation issued by the municipality. Reimbursement to CONTRACTOR in no event shall include profit or overhead of CONTRACTOR. BID NO: 58-00/01 DATE: 9112/01 CITY OF MIAMI BEACH 69 12. Resolution of DisDutes: 12.1 To prevent all disputes and litigation, it is agreed by the parties hereto that CONSULTANT shall decide all questions, claims, difficulties and disputes of whatever nature which may arise relative to the technical interpretation of the Contract Documents and fulfillment of this Contract as to the character, quality, amount and value of any work done and materials furnished, or proposed to be done or furnished under or, by reason of, the Contract Documents and CONSULTANTs 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 CONSULTANTs decision within twenty-one (21) calendar days from the date of the submission of the claim, question, difficulty or dispute, unless CONSULTANT requires additional time to gather information or allow the parties to provide additional information. All nontechnical administrative disputes shall be determined by the Contract Administrator pursuant to the time periods provided herein. During the pendency of any dispute and after a determination thereof, CONTRACTOR, CONSULTANT and CITY shall act in good faith to mitigate any potential damages including utilization of construction schedule changes and alternate means of construction. 12.2 In the event the determination of a dispute under this Article is unacceptable to either party hereto, the party objecting to the determination must notify the other party in writing within ten (10) days of receipt of the written determination. The notice must state the basis of the objection and must be accompanied by a statement that any Contract Price adjustment claimed is the entire adjustment to which the objecting party has reason to believe it is entitled to as a result of the determination. Within sixty (60) days after Final Completion of the Work, the parties shall participate in mediation to address all objections to any determinations hereunder and to attempt to prevent litigation. The mediator shall be mutually agreed upon by the parties. Should any objection not be resolved in mediation, the parties retain all their legal rights and remedies provided under State law. A party objecting to a determination specifically waives all of its rights provided hereunder, including its rights and remedies under State law, if said party fails to comply in strict accordance with the requirements of this Article. BID NO: 58-00/01 DATE: 9/12/01 CITY OF MIAMI BEACH 70 13. Insoection of Work: 13.1. CONSULTANT and CITY shall at all times have access to the Work, and CONTRACTOR shall provide proper facilities for such access and for inspecting, measuring and testing. 13.1.1. Should the Contract Documents, CONSUL TANrs instructions, any laws, ordinances, or any public authority require any of the Work to be specially tested or approved, CONTRACTOR shall give CONSULTANT timely notice of readiness of the Work for testing. If the testing or approval is to be made by an authority other than CITY, timely notice shall be given of the date fixed for such testing. Testing shall be made promptly, and, where practicable, at the source of supply. If any of the Work should be covered up without approval or consent of CONSULTANT, it must, if required by CONSULTANT, be uncovered for examination and properly restored at CONTRACTOR's expense. 13.1.2. Reexamination of any of the Work may be ordered by CONSULTANT with prior written approval by the Contract Administrator, and if so ordered, the Work must be uncovered by CONTRACTOR. If such Work is found to be in accordance with the Contract Documents, CITY shall pay the cost of reexamination and replacement by means of a Change Order. If such Work is not in accordance with the Contract Documents, CONTRACTOR shall pay such cost. 13.2. Inspectors shall have no authority to permit deviations from, nor to relax any of the provisions of, the Contract Documents nor to delay the Contract by failure to inspect the materials and work with reasonable promptness without the written permission or instruction of CONSULTANT. 13.3. The payment of any compensation, whatever may be its character or form, or the giving of any gratlJity or the granting of any favor by CONTRACTOR to any inspector, directly or indirectly, is strictly prohibited, and any such act on the part of CONTRACTOR will constitute a breach of this Contract. 14. Suoerintendence and Suoervision: 14.1. The orders of CITY are to be given through CONSULTANT, which instructions are to be strictly and promptly followed in every case. CONTRACTOR shall keep on the Project during its progress, a full-time competent English speaking superintendent and any necessary assistants, all satisfactory to CONSULTANT. The superintendent shall not BID NO: 58-00/01 DATE: 9/12101 CITY OF MIAMI BEACH 71 be changed except with the written consent of CONSULTANT, unless the superintendent proves to be unsatisfactory to CONTRACTOR and ceases to be in its employ. The superintendent shall represent CONTRACTOR and all directions given to the superintendent shall be as binding as if given to CONTRACTOR and will be confirmed in .writing by CONSULTANT upon the written request of CONTRACTOR. CONTRACTOR shall give efficient supervision to the Work, using its best skill and attention. 14.2. Daily, CONTRACTOR's superintendent shall record, at a minimum, the following information in a bound log: the day; date; weather conditions and how any weather condition affected progress of the Work; time of commencement of work for the day; the work being performed; materials, labor, personnel, equipment and subcontractors at the Project site; visitors to the Project site, including representatives of , CONSULTANT, regulatory representatives; any special or unusual conditions or occurrences encountered; and the time of termination of work for the day. All information shall be recorded in the daily log in ink. The daily log shall be kept on the Project site and shall be available at all times for inspection and copying by CITY and CONSULTANT. 14.3. The Contract Administrator, CONTRACTOR and CONSULTANT shall meet at least weekly or as determined by the Contract Administrator, during the course of the Work to review and agree upon the work performed to date and to establish the controlling items of work for the next two weeks. The CONSULTANT shall publish, keep, and distribute minutes and any comments thereto of each such meeting. 14.4. If CONTRACTOR, in the course of prosecuting the Work, finds any discrepancy between the Contract Documents and the physical conditions of the locality, or any errors, omissions, or discrepancies in the Project Manual, it shall be CONTRACTOR's duty to immediately inform CONSULTANT, in writing, and CONSULTANT will promptly review the same. Any work done after such discovery, until authorized, will be done at CONTRACTOR's sole risk. 14.5. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. BID NO: 58-00/01 DATE: 9/12/01 CITY OF MIAMI BEACH 72 15. CITY's Right to Terminate Contract: 15.1. If CONTRACTOR fails to begin the Work within fifteen (15) calendar days after the Project Initiation Date, or fails to perform the Work with sufficient workers and equipment or with sufficient materials to insure the prompt completion of the Work, or shall perform the Work unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work pursuant to the accepted schedule or if CONTRACTOR shall fail to perform any material term set forth in the Contract Documents or if CONTRACTOR shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry on the Work in an acceptable manner, Contract Administrator may give notice in writing to CONTRACTOR and its Surety of such delay, neglect or default, specifying the same. If CONTRACTOR, within a period of five (5) calendar days after such notice, shall not proceed in accordance therewith, then CITY may upon written certificate from CONSULTANT of the fact of such delay, neglect or default and CONTRACTOR's failure to comply with such notice, terminate the services of CONTRACTOR, exclude CONTRACTOR from the Project site and take the prosecution of the Work out of the hands of CONTRACTOR, and appropriate or use any or all materials and equipment on the Project site as may be suitable and acceptable. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Project is completed. In addition CITY may enter into an agreement for the completion of the Project according to the terms and provisions of the Contract Documents, or use such other methods as in CITY's sole opinion shall be required for the completion of the Project according to the terms and provisions of the Contract Documents, or use such other methods as in CITY's sole opinion shall be required for the completion of the Project in an acceptable manner. All damages, costs and charges incurred by CITY, together with the costs of completing the Project, shall be deducted from any monies due or which may become due to CONTRACTOR. In case the damages and expenses so incurred by CITY shall exceed the unpaid balance, then CONTRACTOR shall be liable and shall pay to CITY the amount of said excess. 15.2. If after notice of termination of CONTRACTOR's right to proceed, it is determined for any reason that CONTRACTOR was not in default, the rights and obligations of CITY and CONTRACTOR shall be the same as if the notice of termination had been issued pursuant to the Termination for Convenience clause as set forth in Section 15.3 below. BID NO: 58-00/01 DATE: 9/12/01 CITY OF MIAMI BEACH 73 15.3. This Contract may be terminated for convenience in writing by CIlY upon ten (10) days written notice to CONTRACTOR (delivered by certified mail, return receipt requested) of intent to terminate and the date on which such termination becomes effective. In such case, CONTRACTOR shall be paid for all work executed and expenses incurred prior to termination in addition to termination settlement costs reasonably incurred by CONTRACTOR relating to commitments which had become firm prior to the termination. Payment shall include reasonable profit for work/services satisfactorily performed. No payment shall be made for profit for work/services which have not been performed. 15.4. Upon receipt of Notice of Termination pursuant to Sections 15.1" or 15.3 above, CONTRACTOR shall promptly discontinue all affected work unless the Notice of Termination directs otherwise and deliver or otherwise make available to CITY all data, drawings, specifications, reports, estimates, summaries and such other information as may have been required by the Contract Documents whether completed or in process. 16. CONTRACTOR's Rioht to StoD Work or Terminate Contract: Should CONSULTANT fail to review and approve or state in writing reasons for nonapproval of any Application for Payment within twenty (20) days after it is presented, or if CITY fails either to pay CONTRACTOR within thirty (30) days after presentation by CONSULTANT of any sum certified by CONSULTANT, or to notify CONTRACTOR and CONSULTANT in writing of any objection to the Application for Payment, then CONTRACTOR may, give written notice to CITY and CONSULTANT of such delay, neglect or default, specifying the same. If CITY or CONSULTANT (where applicable), within a period of ten (10) calendar days after such notice shall not remedy the delay, neglect, or default upon which the notice is based, then CONTRACTOR may stop work or terminate this Contract and recover from CITY payment for all work executed and reasonable expenses sustained therein plus reasonable termination expenses. Any objection made by CITY to an Application for Payment shall be submitted to CONSULTANT in accordance with the provisions of Article 12 hereof. 17. Assionment: Neither party hereto shall assign the Contract or any subcontract in whole or in part without the written consent of the other, nor shall CONTRACTOR assign any monies due or to become due to it hereunder, without the previous written consent of the Mayor and City Commission. BID NO: 58-00/01 DATE: 9/12/01 CITY OF MIAMI BEACH 74 18. Rights of Various Interests: Whenever work being done by CITY's forces or by other contractors is contiguous to or within the limits of work covered by this Contract, the respective rights of the various interests involved shall be established by the Contract Administrator to secure the completion of the various portions of the work in general harmony. 19. Differina Site Conditions: In the event that during the course of the Work CONTRACTOR encounters subsurface or concealed conditions at the Project site which differ materially from those shown on the Contract Documents and from those ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents; or unknown physical conditions of the Project site, of an unusual nature, which differ materially from that ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents, CONTRACTOR, without disturbing the conditions and before performing any work affected by such conditions, shall, within twenty-four (24) hours of their discovery, notify CITY and CONSULTANT in writing of the existence of the aforesaid conditions. CONSULTANT and CITY shall, within two (2) business days after receipt of CONTRACTOR's written notice, investigate the site conditions identified by CONTRACTOR. If, in the sole opinion of CONSULTANT, the conditions do materially so differ and cause an increase or decrease in CONTRACTOR's cost of, or the time required for, the performance of any part of the Work, whether or not charged as a result of the conditions, CONSULTANT shall recommend an equitable adjustment to the Contract Price, or the Contract Time, or both. If CITY and CONTRACTOR cannot agree on an adjustment in the Contract Price or Contract Time, the adjustment shall be referred to CONSULTANT for determination in accordance with the provisions of Article 12. Should CONSULTANT determine that the conditions of the Project site are not so materially different to justify a change in the terms of the Contract, CONSULTANT shall so notify CITY and CONTRACTOR in writing, stating the reasons, and such determination shall be final and binding upon the parties . hereto. No request by CONTRACTOR for an equitable adjustment to the Contract under this provision shall be allowed unless CONTRACTOR has given written notice in strict accordance with the provisions of this Article. No request for an equitable 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. BID NO: 58-00/01 DATE: 9/12101 CITY OF MIAMI BEACH 7S 20. Plans and Workinc Drawincs: 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, aU of which shall be considered as part of the Project Manual. In case of disagreement between the written and graphic portions of the Project Manual, the written portion shall govern. 21. CONTRACTOR to Check Plans. Soecifications and Data: CONTRACTOR shall verify all dimensions, quantities and details shown on the plans, specifications or other data received from CONSULTANT, and shall notify CONSULTANT of all errors, omissions and discrepancies found therein within three (3) calendar days of discovery. CONTRACTOR will not be allowed to take advantage of any error, omission or discrepancy, as full instructions will be furnished by CONSULTANT. CONTRACTOR shall not be liable for damages resulting from errors, omissions or discrepancies in the Contract Documents unless CONTRACTOR recognized such error, omission or discrepancy and knowingly failed to report it to CONSULTANT. 22. CONTRACTOR's Resoonsibilitv for Damaces and Accidents: 22.1. CONTRACTOR shall accept full responsibility for the Work against all loss or damage of whatsoever nature sustained until final acceptance by CITY, and shall promptly repair any damage done from any cause whatsoever, except as provided in Article 29. 22.2. CONTRACTOR shall be responsible for all materials, equipment and supplies pertaining to the Project. In the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed prior to final acceptance by CITY, CONTRACTOR shall replace same without cost to CITY, except as provided in Article 29. 23. . Warrantv: CONTRACTOR warrants to CITY that all materials and equipment fumished 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. BID NO: 58-00/01 DATE: 9/12101 CITY OF MIAMI BEACH 76 24. SUDDlementarv Drawinas: 24.1. When, in the opinion of CONSULTANT, it becomes necessary to explain the Work to be done more fully, or to illustrate the Work further, or to show any changes which may be required, supplementary drawings, with specifications pertaining thereto, will be prepared by CONSULTANT. 24.2. The supplementary drawings shall be binding upon CONTRACTOR with the same force as the Project Manual. Where such supplementary drawings require either less or more than the original quantities of work, appropriate adjustments shall be made by Change Order. 25. Defective Work: 25.1. CONSULTANT shall have the authority to reject or disapprove work which CONSULTANT finds to be defective. If required by CONSULTANT, CONTRACTOR shall promptly either correct all defective work or remove such defective work and replace it with nondefective work. CONTRACTOR shall bear all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. 25.2. Should CONTRACTOR fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by CONSULTANT, CITY shall have the authority to cause the defective work to be removed or corrected, or make such repairs as may be necessary at CONTRACTOR's expense. Any expense incurred by CITY in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to CONTRACTOR. or may be charged against the Performance Bond. In the event of failure of CONTRACTOR to make all necessary repairs promptly and fully, CITY may declare CONTRACTOR in default. .25.3. If, within one (1) year after the date of substantial completion or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision of the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, CONTRACTOR, after receipt of written notice from CITY, shall promptly correct such defective or nonconforming Work within the time specified by CITY without cost to CITY, to do so. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which CONTRACTOR might have under the Contract Documents including but not limited to, Article 23 hereof and any claim regarding latent defects. BID NO: 58-00/01 DATE: 9/12101 CITY OF MIAMI BEACH 77 J"!' ':;:'~," 25.4. Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate CITY to final acceptance. 26. Taxes: CONTRACTOR shall pay all applicable sales, consumer, use and other taxes required by law. CONTRACTOR is responsible for reviewing the pertinent state statutes involving state taxes and complying with all requirements. 27. Subcontracts: 27.1. CONTRACTOR shall not employ any subcontractor against whom CITY or . CONSULTANT may have a reasonable objection. CONTRACTOR shall not be required to employ any subcontractor against whom CONTRACTOR has a reasonable objection. 27.2. CONTRACTOR shall be fully responsible for all acts and omissions of its subcontractors and of persons directly or indirectly employed by its subcontractors and of persons for whose acts any of them may be liable to the same extent that CONTRACTOR is responsible for the acts and omissions of persons directly employed by it. Nothing in the Contract Documents shall create any contractual relationship between any subcontractor and CITY or any obligation on the part of CITY to payor to see the payment of any monies due any subcontractor. CITY or CONSULTANT may furnish to any subcontractor evidence of amounts paid to CONTRACTOR on account of specific work performed. 27.3. CONTRACTOR agrees to bind specifically every subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of CITY. [X] 27.4. CONTRACTOR shall perform the Work with its own organization, amounting to not less than _ percent of the Contract Price. 28. Seoarate Contracts: 28.1. CITY reserves the right to let other contracts in connection with this Project. CONTRACTOR shall afford other persons reasonable 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. BID NO: 58-00/01 DATE: 9/12/01 CITY OF MIAMI BEACH 78 28.2. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any other persons, CONTRACTOR shall inspect and promptly report to CONSULTANT any defects in such work that render it unsuitable for such proper execution and results. CONTRACTOR's failure to so inspect and report 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. 28.3. CONTRACTOR shall conduct its operations and take all reasonable steps to coordinate the prosecution of the Work so as to create no interference or impact on any other contractor on the site. Should such interference or impact occur, CONTRACTOR shall be liable to the affected contractor for the cost of such interference or impact. 28.4. To insure the proper execution of subsequent work, CONTRACTOR shall inspect the work already in place and shall at once report to CONSULTANT any discrepancy between the executed work and the requirements of the Contract Documents. 29. Use of Comoleted Portions: 29.1. CITY shall have the right at its sole option to take possession of and use any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance of any of the Work not completed in accordance with the Contract Documents. If such possession and use increases the cost of or delays the Work, CONTRACTOR shall be entitled to reasonable extra compensation, or reasonable extension of time or both, as recommended by CONSULTANT and approved by CITY. 29.2. In the event CITY takes possession of any completed or partially completed portions of the Project, the following shall occur: 29.2.1. CITY shall give notice to CONTRACTOR in writing at least thirty (30) calendar days prior to CITY's intended occupancy of a designated area. 29.2.2. CONTRACTOR shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion in the form attached hereto as 00925 from CONSULTANT. BID NO: 58-00/01 DATE: 9/12/01 CITY OF MIAMI BEACH 79 29.2.3. Upon CONSULTANTs issuance of a Certificate of Substantial Completion, CITY will assume full responsibility for maintenance, utilities, subsequent damages of CITY and public, adjustment of insurance coverages and start of warranty for the occupied area. 29.2.4. CONTRACTOR shall complete all items noted on the Certificate of Substantial Completion within the time specified by CONSULTANT on the Certificate of Substantial Completion, as soon as possible and request final inspection and final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, CONSULTANT shall issue a Final Certificate of Payment relative to the occupied area. 29.2.5. If CITY finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by CITY and CONTRACTOR and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of CONTRACTOR and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. 30. Lands for Work: 30.1. CITY shall provide, as may be indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto and such other lands as are designated by CITY or the use of CONTRACTOR. 30.2. CONTRACTOR shall provide, at CONTRACTOR's own expense and without liability to CITY, any additional land and access thereto that may be required for temporary construction facilities, or for storage of materials. CONTRACTOR shall furnish to CITY copies of written permission obtained by CONTRACTOR from the owners of such facilities. 31. Leaal 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 BID NO: 58-00/01 DATE: 9/12/01 CITY OF MIAMI BEACH 80 close any thoroughfare, nor interfere in any way with traffic on railway, highways, or water, without the prior written consent of the proper authorities. 32. Location and DamaQe to ExistinQ Facilities. EQuipment or Utilities: 32.1. As far as possible, all existing utility lines in the Project area have been shown on the plans. However, CITY does not guarantee that all lines are shown, or that the ones indicated are in their true location. It shall be the CONTRACTOR S responsibility to identify and locate all underground and overhead utility lines or equipment affecting or affected by the Project. No additional payment will be made to the CONTRACTOR because of discrepancies in actual and plan location of utilities, and damages suffered as a result thereof. 32.2. The CONTRACTOR shall notify each utility company involved at least ten (10) days prior to the start of construction to arrange for positive underground location, relocation or support of its utility where that utility may be in conflict with or endangered by the proposed construction. Relocation of water mains or other utilities for the convenience of the CONTRACTOR shall be paid by the CONTRACTOR. All charges by utility companies for temporary support of its utilities shall be paid for by the CONTRACTOR. All costs of permanent utility relocation to avoid conflict shall be the responsibility of the utility company involved. No additional payment will be made to the CONTRACTOR for utility relocations, whether or not said relocation is necessary to avoid conflict with other lines. 32.3. The CONTRACTOR shall schedule the work in such a manner that the work is not delayed by the utility providers relocating or supporting their utilities. The CONTRACTOR shall coordinate its activities with any and all public and private utility providers occupying the right-of-way. No compensation will be paid to the CONTRACTOR for any loss of time or delay. 32.4. All overhead, surface or underground structures and utilities encountered are to be carefully protected from injury or displacement. All damage to such structures is to be completely repaired within a reasonable time; needless delay will not be tolerated. The CITY reserves the right to remedy such damage by ordering outside parties to make such repairs at the expense of the CONTRACTOR. All such repairs made by the CONTRACTOR are to be made to the satisfaction of the utility owner. All damaged utilities must be replaced or fully repaired. All repairs are to be inspected by the utility owner prior to backfilling. BID NO: 58-00/01 DATE: 9/12101 CITY OF MIAMI BEACH 81 33. Value Enaineerina: 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 CONSUL TANrs 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 CONSUL TANrs fees and charges related to CONSUL TANrs review of the request for substitution, whether or "not the request for substitution is accepted by CONSULTANT. Any substitution submitted by CONTRACTOR must meet the form, fit, function and life cycle criteria of the item proposed to be replaced and there must be a net dollar savings including CONSULTANT review fees and charges. If a substitution is approved, the net dollar savings shall be shared equally between CONTRACTOR and CITY and shall be processed as a deductive Change Order. CITY may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute approved after award of the Contract. 34. Continuina the Work: CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with CITY, including disputes or disagreements concerning a request for a Change Order, a request for a change in the Contract Price or Contract Time. The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. 35. Chanaes in the Work or Terms of Contract Documents: 35.1. Without invalidating the Contract and without notice to any surety CITY reserves and shall have the right, from time to time to make such increases, decreases or other changes in the character or quantity of the Work as may be considered necessary or desirable to complete fully and acceptably the proposed construction in a satisfactory manner. Any extra or additional work within the scope of this Project must be accomplished by means of appropriate Field Orders and Supplemental Instructions or Change Orders. 35.2. Any changes to the terms of the Contract Documents must be contained in a written document, executed by the parties hereto, with the same formality and of equal dignity prior to the initiation of any work reflecting BID NO: 58-00/01 DATE: 9/12/01 CITY OF MIAMI BEACH 82 such change. This section shall not prohibit the issuance of Change Orders executed only by CITY as hereinafter provided. 36. Field Orders and Suoolementallnstructions: 36.1. The Contract Administrator, through CONSULTANT, shall have the right to approve and issue Field Orders setting forth written interpretations of the intent of the Contract Documents and ordering minor changes in Work execution, providing the Field Order involves no change in the Contract Price or the Contract Time. 36.2. CONSULTANT shall have the right to approve and issue Supptemental Instructions setting forth written orders, instructions, or interpretations concerning the Contract Documents or its performance, provided such Supplemental Instructions involve no change in the Contract Price or the Contract Time. 37. Chanae Orders: 37.1. Changes in the quantity or character of the Work within the scope of the Project which are not properly the subject of Field Orders or Supplemental Instructions, including all changes resulting in changes in the Contract Price, or the Contract Time, shall be authorized only by Change Orders approved in advance and issued in accordance with the provisions of the CITY. 37.2. All changes to construction contracts must be approved in advance in accordance with the value of the Change Order or the calculated value of the time extension. All Change Orders with a value of $25,000 ore more shall be approved in advance by the Mayor and City Commission. All Change Orders with a value of less than $25,000 shall be approved in advance by the City Manager or his designee. 37.3. In the event satisfactory adjustment cannot be reached for any item requiring a change in the Contract Price or Contract Time, and a Change Order has not been issued, CITY reserves the right at its sole option to either 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 BID NO: 58-00/01 DATE: 9/12/01 CITY OF MIAMI BEACH 83 method. if any, provided in the Change Order for determining the proposed adjustment in the Contract Price or Contract Time. 37.4. On approval of any Contract change increasing the Contract Price, CONTRACTOR shall ensure that the performance bond and payment bond are increased so that each reflects the total Contract Price as increased. 37.5. Under circumstances determined necessary by CITY, Change Orders may be issued unilaterally by CITY. 38. Value of Chanoe Order Work: 38.1. The value of any work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 38.1.1. Where the work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of items involved, subject to the provisions of Section 38.7. 38.1.2. By mutual acceptance of a lump sum which CONTRACTOR and CITY acknowledge contains a component for overhead and profit. 38.1.3. On the basis of the "cost of work," determined as provided in Sections 38.2 and 38.3, plus a CONTRACTOR's fee for overhead and profit which is determined as provided in Section 38.4. 38.2. The term "cost of work" means the sum of all direct costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work described in the Change Order. Except as otherwise may be agreed to in writing by CITY, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in Section 38.3. 38.2.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the work described in the Change Order under schedules of job classifications agreed upon by CITY and CONTRACTOR. Payroll costs for employees not employed full time on the work covered by the Change Order shall be apportioned on the basis of their time spent on BID NO: 58-00/01 CITY OF MIAMI BEACH DATE: 9/12/01 84 the work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay application thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing the work after regular working hours, on Sunday or legal holidays, shall be included in the above to the extent authorized by CITY. 38.2.2. Cost of all materials and equipment fumished and incorporated in the work, including costs of transportation and storage thereof, and manufacturers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless CITY deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to CITY. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to CITY and CONTRACTOR shall make provisions so that they may be obtained. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by CITY with the advice of CONSULTANT and the costs of transportation, loading, unloading, installation, dismantling and removal thereof, all in accordance with the terms of said agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the work. 38.2.3. Payments made by CONTRACTOR to Subcontractors for work performed by Subcontractors. If required by CITY, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR and shall deliver such bids to CITY who wili then determine, with the advice of CONSULTANT, which bids will be accepted. If the Subcontract provides that the Subcontractor is to be paid on the basis of cost of the work plus a fee, the Subcontractor's cost of the work shall be determined in the same manner as CONTRACTOR'S cost of the work. All Subcontractors shall be subject to the other provisions of the Contract Documents insofar as applicable. 38.2.4. Cost of special consultants, including, but not limited to, engineers, architects, testing laboratories, and surveyors BID NO: 58-00/01 CITY OF MIAMI BEACH DATE: 9/12101 85 employed for services specifically related to the performance of the work described in the Change Order. 38.2.5. Supplemental costs including the following: 38.2.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the work except for local travel to and from the site of the work. 38.2.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workmen, which are consumed in the performance of the work. and cost less market value of such items used but not consumed which remains the property of CONTRACTOR. 38.2.5.3. Sales, use, or similar taxes related to the work, and for which CONTRACTOR is liable, imposed by any governmental authority. 38.2.5.4. Deposits lost for causes other than CONTRACTOR's negligence; royalty payments and fees for permits and licenses. 38.2.5.5. The cost of utilities, fuel and sanitary facilities at the site. 38.2.5.6. Receipted minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the work. 38.2.5.7. Cost of premiums for additional bonds and insurance required because of changes in the work. 38.3. The term "cost of the work" shall not include any of the following: 38.3.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, auditors, accountants, purchasing and BID NO: 58-00/01 CITY OF MIAMI BEACH DATE: 9/12101 86 contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in its principal or a branch office for general administration of the work and not specifically included in the agreed-upon schedule of job classifications referred to in Section 38.2.1., all of which are to be considered administrative costs covered by CONTRACTOR's fee. 38.3.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 38.3.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the work and charges against CONTRACTOR for delinquent payments. 38.3.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same, except for additional bonds and insurance required because of changes in the work. 38.3.5. Costs due to the negligence or neglect of CONTRACTOR, any Subcontractors, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. 38.3.6. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in Section 38.2. 38.4. CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 38.4.1. A mutually acceptable fixed fee or if none can be agreed upon, 38.4.2. A fee based on the following percentages of the various portions of the cost of the work: 38.4.2.1. For costs incurred under Sections 38.2.1 and 38.2.2, CONTRACTOR's fee shall not exceed ten percent (10%). 38.4.2.2. For costs incurred under Section 38.2.3, CONTRACTOR's fee shall not exceed seven and BID NO: 58-00/01 CITY OF MIAMI BEACH DATE: 9/12/01 87 one half percent (7.5%); and if a subcontract is on the basis of cost of the work plus a fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall not exceed ten percent (10%); and No fee shall be payable on the basis of costs itemized under Sections 38.2.4 and 38.2.5, (except Section 38.2.5.3), and Section 38.3. 38.5. The amount of credit to be allowed by CONTRACTOR to CITY for any such change which results in a net decrease in cost, will be the amount of the actual net decrease. When both additions and credits are involved in anyone change, the combined overhead and profit shall be figured on the basis of the net increase, if any, however, CONTRACTOR shall not be entitled to claim lost profits for any Work not performed. 38.4.2.3. 38.6. Whenever the cost of any work is to be determined pursuant to Sections 38.2 and 38.3, CONTRACTOR will submit in a form acceptable to CONSULTANT an itemized cost breakdown together with the supporting data. 38.7. Where the quantity of any item of the Work that is covered by a unit price is increased or decreased by more than twenty percent (20%) from the quantity of such work indicated in the Contract Documents, an appropriate Change Order shall be issued to adjust the unit price, if warranted. 38.8. Whenever a change in the Work is to be based on mutual acceptance of a lump sum, whether the amount is an addition, credit or no change-in-cost, CONTRACTOR shall submit an initial cost estimate acceptable to CONSULTANT and Contract Administrator. 38.8.1. Breakdown shall list the quantities and unit prices for materials, labor, equipment and other items of cost. 38.8.2. Whenever a change involves CONTRACTOR and one or more Subcontractors and the change is an increase in the Contract Price, overhead and profit percentage for CONTRACTOR and each Subcontractor shall be itemized separately. 38.9. Each Change Order must state within the body of the Change Order whether it is based upon unit price, negotiated lump sum, or "cost of the work." BID NO: 58-00/01 DATE: 9/12101 CITY OF MIAMI BEACH 88 39. Notification and Claim for Chanae of Contract Time or Contract Price: 39.1. Any claim for a change in the Contract Time or Contract Price shall be made by written notice by CONTRACTOR to the Contract Administrator and to CONSULTANT within five (5) calendar days of the commencement of the event giving rise to the claim and stating the general nature and cause of the claim. Thereafter, within twenty (20) calendar days of the termination of the event giving rise to the claim, written notice of the extent of the claim with supporting information and documentation shall be provided unless CONSULTANT allows an additional period of time to ascertain more accurate data in support of the claim and such notice shall be accompanied by CONTRACTOR's written notarized statement that the adjustment claimed is the entire adjustment to which the CONTRACTOR has reason to believe it is entitled as a result of the occurrence of said event. All claims for changes in the Contract Time or Contract Price shall be determined by CONSULTANT in accordance with Article 12 hereof, if CITY and CONTRACTOR cannot otherwise agree. IT IS EXPRESSLY AND SPECIFICALLY AGREED THAT ANY AND ALL CLAIMS FOR CHANGES TO THE CONTRACT TIME OR CONTRACT PRICE SHALL BE WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION. 39.2. The Contract Time will be extended in an amount equal to time lost on critical Work items due to delays beyond the control of and through no fault or negligence of CONTRACTOR if a claim is made therefor as provided in Section 39.1. Such delays shall include, but not be limited to, acts or neglect by any separate contractor employed by CITY, fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. 40. No Damaaes for Delav: 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 BID NO: 58-00/01 DATE: 9/12/01 CITY OF MIAMI BEACH 89 extensions of the Contract Time as the sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above. 41. Excusable Delav: Comoensable: Non-Comoensable: 41.1 Excusable Delay. Delay which extends the completion of the Work and which is caused by circumstances beyond the control of CONTRACTOR or its subcontractors, suppliers or vendors is Excusable Delay. CONTRACTOR is entitled to a time extension of the Contract Time for each day the Work is delayed due to Excusable Delay. CONTRACTOR shall document its claim for any time extension as provided in Article 39 hereof. Failure of CONTRACTOR to comply with Article 39 hereof as to any particular event of delay shall be deemed conclusively to constitute a waiver, abandonment or relinquishment of any and all claims resulting from that particular event of delay. Excusable Delay may be compensable or non-compensable: (a) Compensable Excusable Delay. Excusable Delay is compensable when (i) the delay extends the Contract Time, (ii) is caused by circumstances beyond the control of the CONTRACTOR or its subcontractors, suppliers or vendors, and (iii) is caused solely by fraud, bad faith or active interference on the part of CITY or its agents. In no event shall CONTRACTOR be compensated for interim delays which do not extend the Contract Time. CONTRACTOR shall be entitled to direct and indirect costs for Compensable Excusable Delay. Direct costs recoverable by CONTRACTOR shall be limited to the actual additional costs allowed pursuant to Article 38 hereof. CITY and CONTRACTOR recognize and agree that the amount of CONTRACTOR's precise actual indirect costs for delay in the performance and completion of the Work is impossible to determine as of the date of execution of the Contract Documents, and that-proof of the precise amount will be difficult. Therefore, indirect costs recoverable by the CONTRACTOR shall be liquidated on a daily basis for each day the Contract Time is delayed due to a Compensable Excusable 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 BID NO: 58-00/01 DATE: 9/12101 CITY OF MIAMI BEACH 90 bonding capacity, loss of opportunity and all other indirect costs incurred by CONTRACTOR. The amount of liquidated indirect costs recoverable shall be $k'~"4J~_~~,,~_ per day for each calendar day the Contract is delayed due to a Compensable Excusable Delay. (b) Non-Compensable Excusable Delay. When Excusable Delay is (i) caused by circumstances beyond the control of CONTRACTOR, its subcontractors, suppliers and vendors, and is also caused by circumstances beyond the control of the CITY or CONSULTANT, or (ii) is caused jointly or concurrently by CONTRACTOR or its subcontractors, suppliers or vendors and by the CITY or CONSULTANT, then CONTRACTOR shall be entitled only to a time extension and no further compensation for the delay. 42. Substantial Comoletion: When CONTRACTOR considers that the Work, or a portion thereof designated by CITY pursuant to Article 29 hereof, has reached Substantial Completion, CONTRACTOR shall so notify CITY and CONSULTANT in writing. CONSULTANT and CITY shall then promptly inspect the Work. When CONSULTANT, on the basis of such an inspection, determines that the Work or designated portion thereof is substantially complete, it will then prepare a Certificate of Substantial Completion in the form attached hereto as Form 00925 which shall establish the Date of Substantial Completion; shall state the responsibilities of CITY and CONTRACTOR for security, maintenance, heat, utilities, damage to the Work, and insurance; and shall list all Work yet to be completed to satisfy the requirements of the Contract Documents for Final Completion. The failure to include any items of corrective work on such list does not alter the responsibility of CONTRACTOR to complete all of the Work in accordance with the Contract Documents. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to CITY through the Contract Administrator and CONTRACTOR for their written acceptance of the responsibilities assigned to them in such Certificate. 43. No Interest: Any monies not paid by CITY when claimed to be due to CONTRACTOR under this Agreement, including, but not limited to, any and all claims for contract damages of any type, shall not be subject to interest including, but not limited to prejudgment interest. However, the provisions of CITY's prompt payment ordinance, as such relates to timeliness of payment, and the provisions of 1 \ I 1 I BID NO: 58-00/01 DATE: 9/12/01 CITY OF MIAMI BEACH 91 Section 218.74(4), Florida Statutes (1989) as such relates to the payment of interest, shall apply to valid and proper invoices. 44. Shoo Drawinos: 44.1. 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. 44.2. Within thirty (30) calendar days after the Project Initiation Date specified in the Notice to Proceed, CONTRACTOR shall submit to CONSULTANT a complete list of preliminary data on items for which Shop Drawings are to be submitted and shall identify the critical items. Approval of this list by CONSULTANT shall in no way relieve CONTRACTOR from submitting complete Shop Drawings and providing materials, equipment, etc., fully in accordance with the Contract Documents. This procedure is required in order to expedite final approval of Shop Drawings. 44.3. After the approval of the list of items required in Section 44.2 above, CONTRACTOR shall promptly request Shop Drawings from the various manufacturers, fabricators, and suppliers. CONTRACTOR shall include all shop drawings and other submittals in its certification. 44.4. CONTRACTOR shall thoroughly review and check the Shop Drawings and each and every copy shall show this approval thereon. 44.5. If the Shop Drawings show or indicate departures from the Contract requirements, CONTRACTOR shall make specific mention thereof in its letter of transmittal. Failure to point out such departures shall not relieve CONTRACTOR from its responsibility to comply with the Contract Documents. 44.6. CONSULTANT shall review and approve Shop Drawings within fifteen (15) calendar days from the date received, unless said Drawings are rejected by CONSULTANT for material reasons. CONSUL TANrs 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 wor'1< called for by Shop Drawings shall be performed until the said Drawings have been approved by CONSULTANT. Approval shall not relieve CONTRACTOR from responsibility for errors or omissions of any sort on the Shop Drawings. BID NO: 58-00/01 CITY OF MIAMI BEACH DATE: 9/12101 92 44.7. No approval will be given to partial submittals of Shop Drawings for items which interconnect and/or are interdependent where necessary to properly evaluate the design. It is CONTRACTOR's responsibility to assemble the Shop Drawings for all such interconnecting and/or interdependent items, check them and then make one submittal to CONSULTANT along with its comments as to compliance, noncompliance, or features requiring special attention. 44.8. If catalog sheets or prints of manufacturers' standard drawings are submitted as Shop Drawings, any additional information or changes on such drawings shall be typewritten or lettered in ink. 44.9. CONTRACTOR shall submit the number of copies required by CONSULTANT. Resubmissions of Shop Drawings shall be made in the same quantity until final approval is obtained. 44.10. CONTRACTOR shall keep one set of Shop Drawings marked with CONSULTANTs approval at the job site at all times. 45. Field Lavout of the Work and Record Drawinos: 45.1. The entire responsibility for establishing and maintaining line and grade in the field lies with CONTRACTOR. CONTRACTOR shall maintain an accurate and precise record of the location and elevation of all pipe lines, conduits, structures, maintenance access structures, handholes, fittings and the like and shall prepare record or "as~built" drawings of the same which are sealed by a Professional Surveyor. CONTRACTOR shall deliver these records in good order to CONSULTANT as the Work is completed. The cost of all such field layout and recording work is included in the prices bid for the appropriate items. All record drawings shall be made on reproducible paper and shall be delivered to CONSULTANT prior to, and as a condition of, final payment. 45.2. CONTRACTOR shall maintain in a safe place at the Project site one record copy of all Drawings, Plans, Specifications, Addenda, written amendments. Change Orders, Field Orders and written interpretations and .clarifications in good order and annotated to show all changes made during construction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings shall be available at all times to CONSULTANT for reference. Upon Final Completion of the Project and prior to Final Payment, these record documents, samples and Shop Drawings shall be delivered to the Contract Administrator. BID NO: 58-00/01 CITY OF MIAMI BEACH DATE: 9/12/01 93 45.3. Prior to, and as a condition precedent to Final Payment, CONTRACTOR shall submit to CITY, CONTRACTOR's record drawings or as-built drawings acceptable to CONSULTANT. 46. Safetv and Protection: 46.1. CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 46.1.1. All employees on the work site and other persons who may be affected thereby; 46.1.2. All the work and all materials or equipment to be incorporated therein, whether in storage on or off the Project site; and 46.1.3. Other property at the Project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 46.2. CONTRACTOR shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and utilities when prosecution of the work may affect them. All damage, injury or loss to any property referred to in Sections 46.1.2 and 46.1.3 above, caused directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR. CONTRACTOR's duties and responsibilities for the safety and protection of the work shall continue until such time as all the Work is completed and CONSULTANT has issued a notice to CITY and CONTRACTOR that the Work is acceptable except as otherwise provided in Article 29 hereof. 46.3. CONTRACTOR shall designate a responsible member of its organization at the Work site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR'S superintendent unless otherwise designated in writing by CONTRACTOR to CITY. BID NO: 58-00/01 CITY OF MIAMI BEACH DATE: 9/12101 94 [X] 47. Final Bill of Materials: CONTRACTOR shall be required to submit to CITY and CONSULTANT a final bill of materials with unit costs for each bid item for supply of materials in place. This shall be an itemized list of all materials with a unit cost for each material and the total shall agree with unit costs established for each Contract item. A Final Certificate for Payment cannot be issued by CONSULTANT until CONTRACTOR submits the final bill of materials and CONSULTANT verifies the accuracy of the units of Work. 48. Pavment bv CITY for Tests: Except when otherwise specified in the Contract Documents, the expense of all tests requested by CONSULTANT shall be borne by CITY and performed by a testing firm chosen by CONSULTANT. For road construction projects the procedure for making tests required by CONSULTANT will be in conformance with the most recent edition of the State of Florida. Department of Transportation Standard Specifications for Road and Bridge Construction. The cost of any required test which CONTRACTOR fails shall be paid for by CONTRACTOR. 49. Proiect Sian: Any requirements for a project sign shall be as set forth within the Technical Specifications section. 50. Hurricane Precautions: 50.1. During such periods of time as are designated by the United States Weather Bureau as being a hurricane warning or alert, the CONTRACTOR. at no cost to the CITY, shall take all precautions necessary to secure the Project site in response to all threatened storm events, regardless of whether the CITY or CONSULTANT has given notice of same. 50.2. Compliance with any specific hurricane warning or alert precautions will not constitute additional work. 50.3. Additional work relating to hurricane warning or alert at the Project site will be addressed by a Change Order in accordance with Section 37, General Conditions. 50.4. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the CITY has directed such suspension. will entitle BID NO: 58-00/01 DATE: 9/12/01 CITY OF MIAMI BEACH 95 the CONTRACTOR to additional Contract Time as noncompensable, excusable delay, and shall not give rise to a claim for compensable delay. 51. Cleanina Uo: CITY s Riaht to Clean Uo: 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 therefor as CONSULTANT shall determine to be just. 52. Removal of Eauioment: In case of termination of this Contract before completion for any cause whatever, CONTRACTOR, if notified to do so by CITY, shall promptly remove any part or all of CONTRACTOR's equipment and supplies from the property of CITY, failing which CITY shall have the right to remove such equipment and supplies at the expense of CONTRACTOR. 53. Nondiscrimination. Eaual Emolovment Oooortunity. 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. BID NO: 58-00/01 DATE: 9/12101 CITY OF MIAMI BEACH 96 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. 54. 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. BID NO: 58-00/01 DATE: 9/12101 CITY OF MIAMI BEACH 97 00900. SUPPLEMENTARY CONDITIONS: BID NO: 58-00/01 DATE: 9/12/01 CITY OF MIAMI BEACH 98 00920. ADDITIONAL ARTICLES: [X] 1. Prevailino Waoe Rate Ordinance. This Project is not federally funded. City of Miami Beach Ordinance No, 94-2960 provides that in all non-federally funded construction contracts in excess of one 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 bencnes and signage. [*NOTE: INSERT IF APPLICABLE] [X] 2. Federal Grant Proiects: 2.1. By virtue of the fact that the funding of this Project will be delivered in full or in part from the United States government through United States Department of Housing and Urban Development and referred to as U.S. Dept. of Housing and Urban Development/Community Development Block Grant funds, federal assurances must follow the grant application in addition to any and all supervening assurances set forth in Rules and Regulations published in Federal Register or CFR. 2.2. Clauses, terms or conditions required by federal grantor agency are hereby attached and made a part of this Project Manual. BID NO: 58-00/01 CITY OF MIAMI BEACH DATE: 9/12101 99 WAGE DECISIONI FL000001 ModificatIon II 6 Publlcatlon Dale: 9I'07J2001 I For. Nottb Shore Patte & Youth c.nter BuDding ConsWction Projects I Slate: FLORIDA (does not Include slngIe famly home & I County: DADE a Is UD 10 & k1cludlnD (4\ stories\ I Construclion Twe: BUILDING . Basic Fringe TotIIl Rate Benefits ACOUSTICAL TLE INSTALLER $ 10.00 $ 0.62 $ 10.62 Modif.cation #I 0 ASBESTOS WORKERSlHEAT & FROST INSULATORS $ 24.98 $ 6.48 $ 31.44 Published 3lO2l2OO1 BRlCKLAYERSlBLOCKLAYERS $ 15.36 $ 16.36 CARPENTERS H & Batt Insulation) $ 12.90 S 2.40 $ 15.30 Modlficllllon # 1 CARPET LAYER $ 14.25 $ 14.215 Publlshecl3t09l2001 CEMENT MASONSlCONCRETE FINISHERS $ 14.50 S 3.15 $ 17.65 I DRYWAlL FINISHERS S 12.50 $ 12.50 Modlf.catioo # 2 ELECTRICIANS: Published 3t30J2001 EkK:tttctII conIr't1Ct8 incJd. mat&riaJ:J less than $2.000,000 S 20.50 $4.10+8% S 26.24 Doctrlcal contJact8lnc1d. f'IIlJteriaIs over $2.000,000 S 22.96 $4.10+8% $ 28.89 Modification #I 3 ELEVATOR MECHANICS: $ 24.395 7.085+A S31.48+A Published 512512001 GLAZIERS $ 13.05 S 2.42 $ 15.47 IRONWORKERS: Modilical:on #I 4 Ornamental S 17.75 S 4.20 $ 21.915 Publlshod 6I01J2001 $ 17.75 $ 4.20 $ 21.95 Structur8I S 17.75 $ 4.20 S 21.95 Modification #I 5 LABORERS: Published 7lO6l2OO1 UnskNIed (IncIud'/IlQ Mason TendinaJ S 8.70 S 8.70 Pi S 13.81 S 13.81 Modificetlon # 6 Plasterer Tenders S 10.09 S 10.09 Published 9flJ2001 PAINTERS. BRUSH S 9.61 S 9.61 PlPEFITTERS HVACI S 23.10 $ 5.90 $ 29.00 PLASTERERS S 15.05 $ 15.05 PLUMBERS S 20.25 $ 4.60 $ 24.85 POWER EQUIPMENT OPERATORS: Backhoe S 15.71 $ 2.85 S 18.56 Boom Truck Operator S 18.83 $ 3.40 S 22.23 BulcIozer S 14.58 $ 2.85 S 17.43 Concrete Pl.mo Ooerator $ 14.78 S 14.18 =~ Truck Crane) S 21.90 S 3.40 S 25.30 Truck Crane) $ 16.80 S 3.40 S 19.20 Grader $ 15.93 S 2.85 S 18.78 Loader $ 15.04 S 2.85 S 17.89 Ptedrivers S 19.25 $ 3.00 $ 22.25 Roller S 12.84 S 2.85 $ 15.69 ROOFERS $ 9.99 $ 9.99 SPRINKLER FITTERS S 21.35 $ 6.17 S 27.52 SHEET MET AI. WORKERS (lncJudina HVAC duct world S 21.60 $ 6.36 S 27.96 TILE SETTERS S 12.50 S 0.87 S 13.37 TRUCK DRIVERS S 10.95 S 1.83 S 12.78 WELDERS - Receive rate for craft oerfom1ina ooeration to which W'llIdina is /ncldenlal. .FOClIllOII A (b' .......,. ClllIIAUCItn) ~ HoIdayt: .... Y0er'8 Illy, u.r-iaI Day, Indepelldr.lCle Clay, TIlanktlgMng Day, F!ldlIy ...lt~ 4 QIdAnaa Cay. ~ CllI1lIllMee a IlalC hOIIrIy ralD \lor 5 )'II8IS ell" moM of I<<Vice or 8'Jlo baIlc Ilouly.... b' e ~ 10 5)'1181S of...... VacIGn ,.., Cnd.t lot .;lauI1Icdoo16 r.eIded b' work nollndUdod wIIlIn Ile tcOll4I of lie ['III~ IIliId INIV III 8dcled ..., ~ otW.. . In lIle labor lllancl8rds cootnld cIauIes ( 2t CFR Part 5.5 (Ill (1\ M ). City of Miami Beach 100 WAGE DETERMINATION APPEALS PROCESS 1.) HaI1ere been an fnIIIaI decI8lon In the matIer? This can ,be: . an ~ published wage determination · a survey underlying. wage determination · a Wage and Hour Division letter setting fOl1h a position on a wage determination metter · a conformance (addilional claasIfIcatIon and rate) ruling On survey related matters, initial oontaot, including requests for summaries of surveys, should be with the Wage and Hour Regional 0fIIcc for the aree In whlc:h the survey was conducted because those Regional Offices have responslbBlty for the Davis-Bacon survey program. If the response from this Initial contact is not satisfactory, then the process described In 2.} and 3.) should be followed. With regard to MY other metter not yet ripe for the formal process describecl here, Inlllal contact 8houId be with I1e Branch of ConstructIon Wage Determinations. Write to: Branch of Con$lruction Wage Determinations Wage and HOlM' DMsion U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 2.} If the answer to the question in 1.} Is yes, then an Interested party (those affected by the acIIon) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 ConstitutIon Avenue, N. W. Washington, D. C. 20210 The request should be ac;companled by . fuR statement of the inlerest8<i party's position and by any lnformaIlon (wage payment data, project description, area practice material, etc.) that I1e requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favor8bIe, an Interosted party may appeal directly to the Administrative Review Board (fonnerfy the Wage Appeals Board). Write to: Administrative RevIew Board U. S. Department d Labor 200 ConstituIIon Avenue. N. W. Washington, D. C. 20210 4.) All dec:isions by the Adminlstrallve RevIew Board are final. END OF GENERAL DECISION City of Miami Beach 101 00922. STATEMENT OF COMPLIANCE (PREVAILING WAGE RATE ORDINANCE NO. 94-2960) No. Project Title Contract No. The undersigned CONTRACTOR hereby swears under penalty of pe~ury that, during the period covered by the application for payment to which this statement is attached, all mechanics, laborers, and apprentices, employed or working on the site of the Project, have been paid at wage rates, and that the wage rates of payments, contributions, or costs for fringe benefits have not been less than those required by City of Miami Beach Ordinance No. 94-2960 and the applicable conditions of the Contract. Dated ,20_ (Contractor) By: (Signature) By: (Print Name and Title) STATE OF ) ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this ,20_. by personally known to me or who has produced identification and who did/did not take an oath. day of who is as WITNESS my hand and official seal, this day of ,20_. (NOTARY SEAL) (Signature of person taking acknowledgment) (Name of officer taking acknowledgment) (typed, printed or stamped) (Title or rank) (Serial number, if any) My commission expires: BID NO: 58-00/01 DATE: 9/12101 CITY OF MIAMI BEACH 102 00923. $TA TEMENT OF COMPLIANCE (DAVIS BACON ACT) No. Contract No. ProjectTitle The undersigned CONTRACTOR hereby swears under penalty of pe~ury that, during the period covered by the application for payment to which this statement is attached, all mechanics, laborers, and apprentices, employed or working on the site of the Project, have been paid at wage rates, and that the wage rates of payments, contributions, or costs for fringe benefits have not been less than those required by the Davis Bacon Act and the applicable conditions of the Contract. Dated ,20_ Contractor By: By: (Signature) (Print Name and Title) STATE OF COUNTY OF ) ) SS ) The foregoing instrument was acknowledged before me this , 20_, by personally known to me or who has produced identification and who did/did not take an oath. WITNESS my hand and official seal, this day of day of who is as ,20_. (NOTARY SEAL) (Signature of person taking acknowledgment) (Name of officer taking acknowledgment) (typed, printed or stamped) (Title or rank) (Serial number, if any) My commission expires: BID NO: 58-00/01 DATE: 9/12/01 CITY OF MIAMI BEACH 103 00925. CERTIFICATE OF SUBSTANTIAL COMPLETION: PROJECT: (name, address) CONSULTANT: TO (CITY): BID/CONTRACT NUMBER: CONTRACTOR: CONTRACT FOR: NOTICE TO PROCEED DATE: DATE OF ISSUANCE: PROJECT OR DESIGNATED PORTION SHALL INCLUDE: The Work performed under this Contract has been reviewed and found to be substantially complete and all documents required to be submitted by CONTRACTOR under the Contract Documents have been received and accepted. The Date of Substantial Completion of the Project or portion thereof designated above is hereby established as which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. DEFINITION OF DATE OF SUBSTANTIAL COMPLETION The Date of Substantial Completion of the Work or portion thereof designated by CITY is the date certified by CONSULTANT when all conditions and requirements of permits and regulatory agencies have been satisfied and the Work, is sufficiently complete in accordance with the Contract Documents, so the Project is available for beneficial occupancy by CITY. A Certificate of Occupancy must be issued for Substantial Completion to be achieved, however, the issuance of a Certificate of Occupancy or the date thereof are not to be determinative of the achievement or date of Substantial Completion. BID NO: 58-00/01 DATE: 9112/01 CITY OF MIAMI BEACH 104 A list of items to be completed or corrected, prepared by CONSULTANT and approved by CITY, is attached hereto. The failure to include any items on such list does not alter the responsibility of CONTRACTOR to complete all work in accordance with the Contract Documents. The date of commencement of warranties for items on the attached list will be the date of final payment unless otherwise agreed in writing. CONSULTANT BY DATE In accordance with Section 2.2 of the Contract, CONTRACTOR will complete or correct the work on the list of items attached hereto within from the above Date of Substantial Completion. CONSULTANT BY DATE CITY, through the Contract Administrator, accepts the Work or portion thereof designated by CITY as substantially complete and will assume full possession thereof at (time) on (date). City of Miami Beach, Florida By Contract Administrator Date The responsibilities of CITY and CONTRACTOR for security, maintenance, heat, utilities, damage to the work and insurance shall be as follows: BID NO: 58-00/01 DATE: 9/12101 CITY OF MIAMI BEACH 105 00926. FINAL CERTIFICATE OF PAYMENT: PROJECT: (name, address) CONSULTANT: BID/CONTRACT NUMBER: TO (CITY): CONTRACTOR: CONTRACT FOR: NOTICE TO PROCEED DATE: DATE OF ISSUANCE: All conditions or requirements of any permits or regulatory agencies have been satisfied. The documents required by Section 5.2 of the Contract, and the final bill of materials, if required, have been received and accepted. The Work required by the Contract Documents has been reviewed and the undersigned certifies that the Work, including minor corrective work, has been completed in accordance with the provision of the Contract Documents and is accepted under the terms and conditions thereof. CONSULTANT BY DATE CITY, through the Contract Administrator, accepts the work as fully complete and will assume full possession thereof at (time) (date). City of Miami Beach, Florida By Contract Administrator Date BID NO: 58-00/01 DATE: 9/12/01 CITY OF MIAMI BEACH 106 00930. FORM OF FINAL RECEIPT: [The following form will be used to show receipt of final payment for this Contract.) FINAL RECEIPT FOR CONTRACT NO. Received this day of ,20 , from City of Miami Beach, Florida, the sum of Dollars ($ ) as full and final payment to CONTRACTOR for all work and materials for the Project described as: This sum includes full and final payment for all extra work and material and all incidentals. CONTRACTOR hereby indemnifies and releases CITY from all liens and claims whatsoever arising out of the Contract and Project. CONTRACTOR hereby certifies that all persons doing work upon or furnishing materials or supplies for the Project have been paid in full. In lieu of this certification regarding payment for work, materials and supplies, CONTRACTOR may submit a consent of surety to final payment in a form satisfactory to CITY. CONTRACTOR further certifies that all taxes imposed by Chapter 212, Florida Statutes (Sales and Use Tax Act), as amended, have been paid and discharged. [If incorporated sign below.] CONTRACTOR ATTEST: (Name of Corporation) By: (Secretary) (Signature) (Corporate Seal) (Print Name and Title) _ day of ,20_. F:\ATTO\AGURlAGREEMNTVrontencl\sldfrm.frtend.fnldoc BID NO: 58-00/01 DATE: 9/12/01 CITY OF MIAMI BEACH 107 [If not incorporated sign below.) WITNESSES: F:IA TTOIAGURIAGREEMNTVrontend\sldfrm.frtend. fnl.doc BID NO: 58-00/01 DATE: 9/12101 CONTRACTOR By: (Name of Firm) (Signature) (Print Name and Title) _ day of CITY OF MIAMI BEACH 108 ,20_. [ x ] 00950. DRAWINGS INDEX: *Drawings/Plans for Construction of North Shore Park and Youth Center * NOTE: Plans are available for this bid but must be ordered through T- Square Miami. The attached order form on page 9 of this Bid package must be completed and returned to T-Square Miami before prospective bidders will receive requested plans and specifications. BID NO: 58-00/01 DATE: 9/12/01 CITY OF MIAMI BEACH 109 HIT OESCaPlION SURVEY I ~ 2 Q!t1!RAl tCI!S 2 ~ 2 SI1E aNY' CIVIL D-I I lBCIJ11CN PUN 01 SI1E FUN ~ PAWO NOCRAti*~ FUN 0$ PAVIG NO CVANlltiI! FUN 001 PAIlTIAL FUN 0& WA'II!IlMAI4 PUN 06 Dl2AIW2 ImAL 007 WAS cet'ALS ~ ceTALS I , I .ARCHITECTURE I J,r<<J i <:o,ss EI!r A-o.a I ASElR!MA1'ICNS ~ l5BOS A-Ot1J i eaAL N:m!S MOO ! SIT! FUN A-2.00 ! OYSlAU.f'\.OCR PLAN ..2.CX>2 : O\SAU. SI!CCN) f\OCR FUN A.J2J:'A 1 MAMEtWQ! ~ I 'ItNS a!HI'I!RJS.U'ft SOAI2D I R.OCR PLAN ..2m : PLAZA f\OCR RAN A-2.03 : 'rW1W <:eNI'!R. P\OOR PLAN ..2.03-2 ! YaJn.I CENTeR. secac I'\.OClR PLAN A-2.04 I BASC!'IBAI.L cm.NASIH P\OOR FUN ..~ . DlGCU1' f\OCR PLANS. ~AlICNS. SECT'ICNi ~ ALT NX) ALTSlNATI! FOR De cuacur fIl.ClCR F\.ANS. aEVA1'ICN). SECTIONS A-106 ; PAVUJC)I f'\.OCR PLAN . a.eYATlONS . SI!CTD6 A"'ltJ1 : ~ CO<.:'J ~ STCR6o;e fUXlR PLAN. A-208 I T!tHS CO.Il1' S8.S PlANS. aEVAT1ONS. S!CnoN9, ND ceTALS A-3.OI I QAlV-tZ I TeHS Q!NTBl ROQII FUN ..3.02 I yClJtl.l CI!MeR ROOI" FUN A-303 I SASC:!TBALL tIMfASlN ROQII FUN A-3.04 1lE!STRC0M9. ~ STORAGe IlClQI PLAN A-4Q G^RJti2 ITEtHS a!HI'I!RJS.U'ft SOMa) RER.ECT!D ceuG FUN A-402 YaJn.I C!NIER II!fI.!C1!D Cl!!I.IG FUN A-ot.OM YaJn.I aMI!R SIilCQN) I'\OClR II!!PUlC1'!D <:a.tG PLAN A....cG BASICI!'I8otLL ~.u ~ CI!lI.tG PUN A-6OO I euc:l(l(lQ ~ " 1)tU'!' IIIfIA11QN8 A-6.CI I BASCIrnWL ~t'I"l!UN'ATlONS A-6.0Z 1 BASQ!TBALL ~ cxu.t.HTY ceNI!R l!UN'ATICNS A-503 i co.MHTY Q!NI!R l!UN'ATICHS A-s.o. I COt.M.HTYQ!NI!Ra.eYATICNS A-6CO : 18HS c:ENB 8.l!iAT1Cit8 A~ : g~~ l!UN'ATIClNS A-eD7 . SIJIPU! ecwm I!.!VA1ICNS A-6Cl8 I eJlaOOlotS. COa!SSICN. SICll2AGI !U!VATICNS At600 . . DtR Sl!!CTIQNS A-6Q II- D"'C Sl!!C11ClNS A-6Q2 EU..ElM Sl!!C11ClNS A-6CIS IIIDM $dCnora A-604 fU,DN; ~\IONS A-6C6 EIA.OrG Sl!lCTICNS A-606 EI..I.OI<l9 ETJ()8 City of Miami Beach 110 , .ARCHITEClURE A"'" A-1/J A-7t1l A-1m A-7~ A.711!J A-7D6 A-eDO A-e.0c>2 A-e.a A-602 A-8.03 A-&Ot A-&Cl5 A-8.06 1.-9.01 1.-9.01-2 Ar9lJ2 1.-9.03 A-91J4 A-IQClI A-IOO2 a&ONa~ WALL Sl!lCTDS WALL ETICM WALL SI!CTIONS WALL SI!CTIONS WALL SI!CTIONS WAIL Sl!:CTIC)6 1ST fl.CX>> 00CIl ~ I r Z'O A.OClR 00ClR ~ I ~ 00CIl ceTAI.S 00CIl ceTAI.S WNX)W so-m I ~ NlJ ceTAU WNX1N Nt) LQM!R Cl!rALS SCPPITAN) CI!Lt8 a!1'ALS SOFfITAN) ceuG ceTALS WALLS cerALS WALLS l:ETAI.S C2()aI ceTALS RAI.IC C2TALS ceTALS STAR F\.OOR PLANS rl/INP f\.OOQ FUNS ~ DeTAlS INTERIORS IO-LOO IHOI IH02 1>100 1>2.01 0-2.02 1>2.03 10-204 1>2.06 1>2.06 1>2.07 1>108 10-109 1O-109A 10-210 IO-2JI IO-2J2 1I>2J3 1l)-2J4 D-2.IS I>2J6 I)o2J6A PNSol F\.OOR FUN PRST flOOR fINSW fl.OC)Q PLAN Nt) ~ lIE 5ECO'O f\.OOQ FN5I fl.OC)Q FUN AN) saaw: l&HS ~ f\OOQ PLANS / MSIOIl a.EVATlONS l&HS ~ FLOOIl PLANS INTERIOR a.EVATIONS &ITR~ R.OCR A.ANS I ~ aeYAnc..s CQ.M.NTY cem!Il!HARGeD Pl.OOIl PLANS I MERIOR a.EVATI06 $AM! ROOM eN.AICGED R.OOQ PLANS I hi r.:wtCw aevA TlONS PLAYROOMS &uQGB) R.OOQ PLANS I hla(lU( aEYATICNS ~IION 0ff'ICX SUDGlI!I) Pl.OOIl PLANS I hlOC'IOll B.eVATI06 Y.L1'FlGPOSe ROOM euRGl!D f\OOR A.ANS I NIBZlC>> a.EVATJCNi Y.L1'FlGPOSe ROOM hl~ aevATOIS J.WJ.WAT AHJ C4j(JSIG ROOM ~ R.OCR PLANS I hl~ B.!YATIONS I-WJ.WAT AHJ orcessrc ROOM afVATICM f.EN) ROOM GYM I!N.AIlGeD fIl.()(R PLANS I MB2lClR aEVATICNS f.EN) ROOM GYM hlc:Ql()t E!.eVATOIS WCM!!tS ROOM QTM EN ~ flOOR PLANS , h,ga(M a.evATI06 BA9<!TBAU. 6'1M EKAICGE!D f\OOR FUNS BASI<ETBALL ~ h,caa<M aevATOIS BASICI!TBALL ~ hl~ aevATICNS oc:H:,. 0 lJCHS ~ fII.OClR PLANS J hlClClU( B.!YATIONS ~ EM.ARGeD A.OOIl PLANS I h,CICIU( 8.!VATlONS City of Miami Beach III INTERIORS . D-2J7 2N) f\OOR LOEBY E!tUI2GI!D P\.OCR PLANS I Iwl/:IICIW I!LI!NATJONS 11>2.18 WEJ9.ft' ROOM EH.ARElB) fllOCR FUNS I Iwl/:IICIW aEVA1'ICM 11>2.19 J.lOM!WC)QK 0J.8 &I.AIZGeD fIl.OOR PLANS I Iwl/:IICIW aeYATJONS 11>2.20 SAlRY'lHV. IlK) 00t.flUTSl ROOM EN AIQl2) fl()()l FUNS I NI'BZ\OR aEVATIC II>2.2J 2N) f\OOR CORRIDOR EN.AAG8) A..()(>> FUNS I IwICWlC)c aeYAnoNs II>2.2IA 2N) PlOC:R CORRIDOR ~ATIONS 11>2.22 ONCe ROOM EH.ARCI!!D fIl.OOR PLANS I fflc:NJ<M aeiATJONS II>2.2S ~'ICS ROOM EN.MZGI!O fIlOOR A.ANS I fflr:xuc a!VATJONS II>22A 1'EI!!\I YJSIC ROOM EH.ARGI!!I) PL.OCR Pl.ANS 'fflr:xuc EleVATIONS 11>225 EIZ'IATClR CAB teTAL5 ID-3.OO ceTALS MlJ L.!GEN) lI>aQ t.&I.WCJ2K ceTW 11>!02 I&I.WCriK a!TALS 11>3.03 MIJ.WaIC teTALS 11>304 teTAlS AID l.EGEN) LANDSCAPE - L-lOO L-UO L-UJ L.2.00 L.2JO L.3.00 L-aIO L.3J1 L.3J2 L.3.%O L-13O L-4OQ L-4IO L-4.20 L~ L-eJO LoMO L-!UI - LAlClUTiMlT!RIM.S PLAN LAlClUTlMA1!AIAl.S PLAN LA lClUTlMA TB2I4I....$ PLAN I GIlADtG PLAN ! G;QAOtG PLAN I SIT!! a!TAILS 00Ulf ceTALS 00Ulf ceTALS 00Ulf ceTALS 9Afi~ Pe.O ceTALS PLAYGQCI..N) ceT ALS I PI.ANTNG FUN A.ANT'NS FUN PI.ANTNG oer AILS RRlQAT10N FUN Ii52lGA TION FUN IRRIGATION ceTAlS I ~T1CtHleTAlS City of Miami Beach 112 STRUCTURAL &t ~2 S.3 5-4 $-5 $06 5-7 s-a $-9 &to $-II SoI2 Sof3 $-14 s-e s-t6 $017 SoI8 I PAImAL FCUDATDI NlJ GI2Cl.N) PLOClR A.AN : PARnAL PQH)ATDI AHJ GI2Cl.N) A.OCR RAN PARnAL PQH)ATICN AHJ GRQ.N) FlOOR PLAN PARTIAL I20CP PRAMtG FUN PARnAL ROCP FRAMIG PUN SECCN) FlOOR ~ RAN I ROCP r=RAItR RAN I ROOF FRANIG PLAN ! cu;our PI.>>S /IIID SI!CTIONS ! GeN!lAL N)l!S, SO.fD I es. MJ ceTALS : seAM scurtlllllI$ I SI!CTIONS !~ , i SI!CTIONS f I SECTIONS . ; SECTIONS ; SECTIONS 1 SECTIONS PLUMBING p..f.CX) P-LOl P-L02 P-I.02-2 Pi.03 P-I.04 P-2.OI P-102 P-'-OI P-~ P-3.03 ; PI.IJ.SHS sne PLAN : 1EtHS canER e 0CNC:eSSl0NS PI..1J.EItoS PI.AtoS e RI5S2S . COtH.NTY C&lT6l FlU.M:ItG PI.>>S e RISB2S COM\l.NTY CENTSl seootD FlOOR ~ PLANS E RlSS : GYM PI.I.MI'G ~ E RISERS i 0CN:eSSI0N ST/IIID ~ PLAN E IZI& I 1EtHS cenBl e CiCIIaSSDIS ROCP PI.>>S COtH.NTY Cl!N'ISl E (O(M I20CP PLAN eot.M.NTY CENTSl e GYM WATER RISSl eot.M.NTY CENTSl E GYM SANTARY l2ISER flLl..MU..G NOT!S.1...I!J2N) AHJ Cl!TALS . MECHANICAL tHOI T&HS CBmR E Pl2AC11Ce TBHS t.e::l1fHC.AL P\.OOR PLAN Mi.02 CQ\M.NTY CEMBl M!OWJCAL A.OClQ PLAN Mi02-2 0CM.t.NTY CEMBl ~ SE<XtD R..OOR PI.AN M-I.03 I c:o.t.tHTY CBmR E GYM ~ fII.OO2 A.AN M-1OI : ~oerALS M-102 ! ~oerALS M-2.03 '~ I f'S NC NOTeS M-2Oot CXMRCL 0INiR.~"AS ELECTRICAL !-I.OO sne~ e-lOI l.AN)SCAP! LSfTtG SIT! PLAN City of Miami Beach 113 ELECTRICAL T I Ll.WlAA! ceTALS IB.fC1RICAI.NOT!S I SUR.E BOAI2O. FlRACTIC2 TSWS (1BWS C&ITS2 PCMS F\.AN I COJM.NTY e&nER PO'it!R FUN .. ClC:MA..HTY ceNTER ~ F'Ot\Sl RAN co.N.NTY e&nER sec:c:N) JIllO()R POHffR RAN CCN::eSSION STAIf) POIt!R PLAN 9l.FRJ: BO.6QO. PQACTIC! TSWS ( TSHS CENTER P<:1NSZ PLAN ca.t.tH1Y ceNTER IJGI.I1't,G PLAN CQ.M.N"IY CEJtI1'S ( cm.4 LJQ.lTJG RAN I CCMolNTY CEMER 5eO(H) A.OOR lJGI.I1'JC PLAN CCN::eSSION Sf NtD LJGU1't.G PLAN I PAte. ~ I fl$ afC1RICAL IZlSER OIAGQAM PAN!. so.m I F$ le'HS CQ.flI' POLe MCX.HTNS [2TALS Fe Al.Al(MQISER ~ ~.NOTES CO\fd.NTY CEMSZ aecTRICAL ROOM fUN I I.JGI.ITloM PROTeCTDJ Sl()O= fUN I retHS CQ.flI' POLe ~ [2TALS I MOl 1!-2.01 1!-1OI !-3.02 1!-3.03 !-304 e-3.Ol5 N.Ot N.02 e-403 e-.t.04 ~ e-6.OI e-5.02 e-6.Ol 1!-602 e-603 !-7.ot !-7.()2 --. FIRE PROTECTION FP-102 FA: PRO~ FUN FRS1' Fl..OCR> f'P-l.02-2 FA: PROT!CTJON PLAN CSECON) ...000 FP-L03 FA: PROTECTION PIAN. (~ PP-2.00 fIR! 1()1!S. L.EGeD. AIf) OETALS FP-3.00 fIR! NOlES. L.fGS',I), NtD OETALS UFE SAFETY LS-I LfI! SAFETY FUN fIRST fII.OOI2) LS-2 Lft SAFETY FUN ($EIC(lN) fII.OOI2) LS-3 LfE SAFETY FUN cc;n.o City of Miami Beach 114 01000. ADDENDA AND MODIFICATIONS: All addenda and other modifications made prior to the time and date of bid opening shall be issued as separate documents identified as changes to the Contract Documents. BID NO: 58-00/01 DATE: 9/12/01 CITY OF MIAMI BEACH 115 02000. TECHNICAL SPECIFICATIONS: I. Plans and specifications prepared by Bermello Ajamil & Partners, Inc. · NOTE: Plans are available for this bid but must be ordered through T- Square Miami. The attached order form on page 9 of this Bid package must be completed and returned to T-Square Miami before prospective bidders will receive requested plans and specifications. BID NO: 58-00/01 DATE: 9/12/01 CITY OF MIAMI BEACH 116 Ci t:y of lliami Beaclh M'o:th Sho:. Park And Youth Center Table of Content. DIVISION 0 . BID DOCtJMBNTS AHD RBQt7IRBMBNTS, CONTRACT FORHS 00003 00820 Table of Contents Certificate of Compliance Trench Safety Act DIVISION 1 - GBNBRAL RBQOIRBXBNTS 01010 01025 01031 01045 01050 01060 01070 01090 01152 01200 01311 01340 01380 01400 01410 01505 01510 01520 01530 01550 01560 01570 01580 01590 01600 01660 01700 01710 01720 01730 01740 Summary of Work Schedule of Values General Project Procedures CUtting and Patching Field Engineering Regulatory Requirements & Permits Abbreviations Reference Standards Applications For Payment Project Meetings Schedules and Reports Shop Drawings, product Data and Samples Construction Photography Quality Control Testing Laboratory Services Mobilization, Site Preparation and Demobilization Temporary Utilities Construction Aids Protection of Existing Facilities Site Access and Storage Temporary Controls Traffic Regulations Project Identification Signs Contractor's Field Office Material and Equipment Equipment Testing and Startup Contract Cl~seout Cleaning Project Record Documents Operating and Maintenance Data Guarantees and Bonds City of Miami Beach 117 D:tVISIOIf 2 - SIft c:aH8TRU'C'n01f 02221 02230 02260 02300 02361 02510 02511 02530 02630 02730 02733 02748 02751 02764 02810 02821 02831 02860 02930 02950 Building Demolition Si te Clearing Excavation Support and Protection Barthwork Termite Control Water Distribution Hot-Mix Asphalt Paving Sanitary Sewerage Storm Drainage Clay Tennis Court Construction Hard Court Construction Skinned Infield Cement Concrete Pavement Pavement Joint Sealants Irrigation Ornamental Galvanized Steel Picket Fencing Chain Link Fencing and Gates Playfield Equipment Lawns and Grasses Trees, Plants and Groundcovers DIVISION 3 - CONCRB'l'E 03300 03520 Cast-In-Place Concrete Lightweight Concrete Roof Insulation DJ:VISION 4 - MASONRY 04810 Unit Masonry Assemblies DIVISION 5 - METALS 05120 Structural Steel 05210 Steel Joists 05400 Cold-Formed Metal Framing 05521 Pipe and Tube Railings 05810 Expansion Joint Cover Assemblies DIVISION 6 - WOOD AND PLASTICS 06100 Rough Carpentry 06402 Interior Architectural Woodwork DIVISXON 7 . THBRKAL AND IIOISTORB PROTECTION 07210 Building Insulation 07531 EPDM Single-Ply Membrane Roofing City of Miami Beach 118 07620 07720 07810 07841 07901 Sheet Metal Plashing and Trim Roof Acces80ries Plastic unit Skylight Through-Penetration Firestop Systems Joint Sealants DIVISIOJf 8 - DOORS AHD wmD01f8 08110 08211 08331 08410 08520 08710 Steel Doors and Frames Flush Wood Doors OVerhead Coiling Doors Aluminum Entrances and Storefronts Aluminum Windows Door Hardware DIVISION 9 . VINISBBS 09255 09265 09310 09511 09641 09642 09651 09652 09801 09900 Gypsum Board Assemblies Gypsum Board Shaft-Wall Assemblies Ceramic Tile Acoustical Panel Ceilings Gymnasium Wood Floor Specialty Wood Floor Resilient Floor Tile Resilient Floor Linoleum Tile Texture Acrylic Coating Painting DIV7SION 10 . SPBCl:ALTIBS 10155 10200 10350 10505 10522 10536 10651 10801 Toilet Compartments Louvers Flagpoles Metal Lockers Fire Extinguishers, Cabinets and Accessories Fabric Structure Operable Panel Partitions Toilet and Bath Accessories DIV7SION 11 . BQtJIPMD'l' 11062 11400 11490 Stage CUrtains and Tracks Food Service Equipment Gymnasium Equipment DIV7SION 12 . PlDUttSHINGS 12356 12760 Kitchen Casework Telescoping Stands City of Miami Beach 119 DIVIS:rON 13 - SPBCIAL COHSftUCTION [N01: tJ..cl) D:tVIS:rON 1-4 . CONVBYmG SYSTBIIS 14240 Hydraulic Elevator DIVISION lS . KBCKANICAL 15010 15023 15044 15047 15051 15060 15080 15100 15161 15180 15401 15402 15404 15405 15406 15450 15501 1566l 15706 15722 15763 15770 15817 15820 15840 15901 15908 General Provisions Codes and Standards General Completion Identification Mochanical Support Devices Pipe and Pipe Fittings Piping Specialties (Plumbing) Valves Vibration Isolation Mechanical System Insulation Water Supply Piping System Domestic Hot Water System Soil and Water Piping Roof Drainage System Gas ~iping System Plumbing Fixtures and Trim Automatic Fire Sprinkler System Air Cooled Condensing Units Refrigerant Piping System Air Cooled Split Air Conditioning Units Air Handling Bq~ipment Unitary AC Equipment (Rooftop) Duct Heaters - Electrical FallS Ductwork Low VelOCity/Medium Velocity HVAC Controls Testing and Balancing DIVISION 16 . BLBCTRICAL 16010 16023 16101 16105 16119 16120 16140 Basic Electrical General Requirements Codes and Standards Raceways and Conduit OUtlet, Pull and Junction Boxes Electrical Site Utilities Wire and Cable Wirinq Devices City of Miami Beach 120 16150 16440 16452 16460 16475 16515 16525 16670 16721 16740 16781 Motor Power and Control Wiring Disconnect Switches Grounding . Dry Type Transformers Overcurrent Protective Devices Light Fixtures and Lamps Exterior Lighting Lightning Protection System Fire Alarm Systems (Addressable - Pyrotronics) Telephone Raceway Systems Special Systems BND OF TABLE OF CONTENTS City of Miami Beach 121 \ d IIIl It", C'jWU;,\,t .1.... l,CJHlllt'f 1lC"" ~;tE- ri."lrffl"'I'Itlllf/tJ.II,I., . 1""''''1 1i;i'/H~".'::':JI I.,., "I':-/X::'I'~~11S \,.OV... ""'WVt ..'r)lj.I.~I'nl" .,'n:1' . '" ,n.. ~i Ml ~""::, \1"1;1'0;1 /l1'H,S 1.Mo:.J l_.....j ",^^W'l' rl'.;lt;li"'" :2 f4ft (:..HoIJ\'" ~ h...i~f1 \luild. i"t' . ; (.t U:;UH1H ! ~c .. - "rHI:: COlLAel:: COMPANIES I " ... " , . ,; I I . It ." Janwuy 2, 2002 Mr. John Ellis City or Miami Beach Procuremeat Department 2100 Washington Avenue Miami Beach, FL 33139 TEL (305) 88+8900 VIA FAX#(305) 673.7028 RE: North Shore PlII'k and Youth Center Bid No.: 58-00101 Dear John, Please accept this formal Certifilld Acceptance Letter revising our base bid for the above referenced project. The Collage Companies does hereby certifY and accepts the changes to our original base bid of S5,997 ,000 through deductive value engineering as shown on the attached spreadsheet Acceptance of the value engineering in the sum of$129,884 for the park and 5130,017 reduces our base bid for the project to S5,137,099. Additionally, with the deletion of the four proposed tennis courts located at the cast side oftbe park The Collage Companies further reduces our bid by 517,743 for a final revised contract amount of 55,659,356 (five million six hundred fifty-nine thousand three hundred fifty six dollars). All value engineering shall remain subject to the review and approval by the design professionals in charge of this project. It is further understood that the deleted tennis courts may be added baek to the construction contract by additive change order for the same amount ofS77,743 provided it is done 50 in a timely manner and in accordance with ~ sequence of construction of the other tennis courts. The tennis court lighting is by the owner with the underground portion to be considered as a part of the underground sports lighting allowance. Brian . Walsh President THE COLLAGE COMPANIES Attachment (Two paps) c:c:: Mr. Nestor Femandez-FAX (305) 673.7028 SS;:>'c5cSLOv:'Kt1::1 ~~TN~~Jr~ ~~~~ln~'~T .-.""'- ;'ro =::.:-. ~" North &hen Park Youth Center . VIIue EnoinMriftt , ...." ...... & YOUTH CaHT1A ITS" VALUE IENGlNUMIG COlCIIDERATIONI l'AJU( SAVINGS SAVIMGI Omit right of wWl cIrvp of! _ alld uaociatecl work. pIV'Iide _ cull apron cut for 1 ",*,*,-bldtl . 10.110.00 l',oYIcI. 11Iamate ..... _ g_ wllII vinyl C08tIns. choice of !hIM coIora .. Into 2'U formaci concreta . '-215.00 R..,ise thermally "'lad c:llaln link f.ncinO to extrudecl vinyl through out. prvvkle ,,"",ded _II coWlecl perma_ f.nce posta eqlllll to or better thelllhe scheclul. 40 .,inyl COItecl pipe apecilie4. eIlm;n,_ rnkItallf al ~ courtS. provide staftclarcl industry "attorn &ensiOfl wire in lieu of IIoUom ,.q R &ennis -.r1s alld provlde SA standatd mlnufact_, llrick curbs .t cI8y teMis courts in n.u of specifiacllKWCS.t . 11 ,251.00 tRl 1t..,Is. Iandaca~ I nle In accordance wlth Aida Curti. IMIIIO DD 1111412001 S ".'SO.oo OR2 Further rnls. fW",ainlng 38 011<$ from 300 gal to 11',11'. SO'" 100 pi $ 20,014.00 12 0.1ete teMia court fallCi"il wlndscneM S 10,500.00 14 1t1.,1s. .Ilterlor .. s" on arade 10 .- thick and omit 8IlY refarenCl to coloracl concnte $ VOS.OO Ontlt opan ai, shldlle IMMnI structun !footers to roof) -.twMlI g1IcIlin.. .,. to 21. and .C to O. In Its anIlrely, prvvlcle orna"'lnlal n. perlin"''' lance from grIcI point 14C 10 21C 10211) with matelling single gale alone grid line 21 wIIIl matchlrl9 fenca from grid point 110 10 140, cI."'. Ihldlle boercl courts and provide stanclarcl__!. ,. slab 011 grade with 2. or 3- ... depruslon for pliIy tile lnalltllatlorl by Olhen. cI.lata steps at grid II... 10&0 to 14.. shown on dwO A.2.01, delata sicla walk from .._ cIaIetacI s!aps to gricl intarMction 21E to 21F provide ..lito malell that alone gr\cIllna 21 from grtd "It point 210 10 110. S ",10&0.00 HR Omit ortW1\lntalaal.. 115 S 900.00 In Iiau of spaGift.cI roof provide lMdlanically fut.nacI 7Y bas. --. _ plies of glass ply "pa IV and minaBl COItaclllta$S cap sheet, provlcla atM. 2' gauge wan 20 flll$hlna. roof man~ 10 provide 10." warranty S 25,061.00 21 Re.,ise skyl~ht sloIN 10 standud 'EI clagrees riM S 1,025.00 22 0..... skyllghl with ItafIcIIrcl 'EI claalM. r\&e , ..nD.OO 24R1 R.kM:at. ona 21'0. &q pyramid tennis shab, strvctu.. 10 ..... ..vINcI by VE 118m 111t , . MaIntain same IMItw alze .. apeclllacl but ......... aIlamaW frwnintI end faIIric: 24IU rtIlIl.rtab, slill comlllJ with II cocIas applicable , 4.103.00 2. Provide knOck d_1I toc:karIln lieu of _lcIed construction $ 1,0".00 21 l"oYlda Rnole_ flooring in lieu of _ floor In fIlulll purpos. nil and ramps 10 stage $ 4.404.00 ProYide allama_ _lruc:Ilon of wood doorS. stancsardiz. all (or mosll d~ 10 30" wide by". high (3'rIlro,. revise ,. CA 10 11 GA hollow met.aI 4oora, ,..,... 14 GA 2t hollow melallra_1D 11 GA S 3,100.00 Dalat. "ullt up ealll110r sluQco and provlcle 1,.." skim coat stucco wlth skip tr-a llnllh 32R wttII speclllad DIInlllnl8h S 31,300.00 33 Ptovlcla .mate -.mIc ... . 2,...... l'r0\tlcla __ _lldC:8I .... tllea ..... AnNIroftV -c.,.... angled ......... h2x5II" acoudc.......,.. with Am.A..... .preIude. 2lI2ln&ermadlata cIuIy...... U color ar1d aYStem .,,12 __ ~ wlrH . "110.00 ? ~"'H,. 8SG26(8LOv: X\:l::l S3I~ ~:OI 11:91 20. 20/10 ~'ON 3ii= PnMlIe aItMuIa wood --'_ wood floora III W IrMelnatH MIIMA III lieu III )I 2rlIf & betWr ..... truIM ...... IAIII'LI TO .. I'ttOYlDED . ),420.00 31 0ntIl wood1lnWlIC ~ 111- I 2,.400.0' 3t ProWle ____ __ _i_ I 1".01 f'rovlde IIIdMcIuIIt tohC ~ bIIII-..ory J*b... In .,.., of_1IInICIon 41~ UIlItl, .... .... pnIt1aar ellslIII_ I 2.1n.oo Al iIolerior I:IlISlletball equlpM/lt OIIlil..nJess tranamlll:8ra as IpedIIed IINI provide oenlrlll rMay unit with low....... ~ 10 a waII--'ec1 kIyleIa code __ conlr'I:IlW and ~ 1M two IIIIin -.rt bacllb__ from ..... to IIlMrgI.Iss alld de.... 43R the heillht lICIluslers $ 3.001.00 D..... middle tIIInla COUl1 drlllkIn9 founlaln and NYiM 1M 1. _r line 10 a ~. line 51" fr_ ..op link I 2,11 D.DO 53 PrO\t~ ahema.. lightina fllrUn. $ 24.000.00 57 City to provide (pav for1 temporary ..let and elec:tric M!Vice during conwvcllon I 15,031.D0 Delele sports lighting poles and 'atures "fl. and oQ" at the lennls P"cti~ and shumeboard courts Including conduit, wire and Penel 71 Muker circuits 11', 21, 25 & 21. thenar.....,;u now 1M 1181tic1 by _011 poles Included in 1M ,.....1Hd MUSCO quote. Specifi~II" c:ommon poles TI wlll provide IIghllne for 1M Pl'IctIce tenllil coutt and _on pole T12 will pt'lIYicI. lighting for the .hum.board COUfl wtlle/l pet VE ".m SI" 11 '" b.co..... . plavlll'ound. S 1.23UO I 121.184.00 $ 130.011.00 s ~d 8<;~?h?~)()t7:'<'"'..J t':''':: .",~_" 'f""'..... ::C"~----..-' North Shore Park me! Youtb Cater . 1_ DeIcrlDlloa c-ctIoD ISadIet v..... TocaI Base BID S 5.311.232.00 S 5.997.000.00 V..lu &.~i'Youdt C_ScM,r '. '" '. - " j~:;~\;"~ i~~5~~iJift1;: .. - '. - '. '. ""1:-.;,- :~~tii:~~. VlIlue E.~, p",* s.m." ,....~..." '.. .' ....-. . C". " .-..-....: VaLue EII,u.eeri1l, T/IWl SeM, , .' 25',;o1.lJ0. R.o;," B.... Bill S 5,737,099.00 Tot4l 0ptjI>1ItII SlIM" (Po'fpOru F_ Tellllis CoutU) S 77.743.00 T oIaJ R.vised Base B lD S 5.659.356.00 _.. .c'.'. ,:':~.iS;~ .. COIlSUllCtion ContiD&mcy S 550.000.00 $ 260,asojj' iSub TDIIIl S 5,861,132.00 S 5,920.206.33 - - -.' - ': ~ 'i <:. . ;~. "Site Ughling S 352.000.00 S 293.ll25.67 , .' ~,~:.:..<.. :.~~~~.~~~. , " Signag. Allowance S 25.000.00 S 25.000.00 Ployground Equipmen. S 35.000.00 S 35.000.00 - - Site Fumishinls S 28.600.00 S 28.600.00 SubTDlIIl S #0.600.00 S 38/.625.67 .. -. TDIIIl COllltnUtioll S 6,301,832.00 S 6,301,832.00 .JHi'c .O-~uv, rltl II ''l~ Hfl l:j&t'l. rH~ NU. ju~~O'l'l~~1 r. U~ . -" ... " . URMlua.AJlM.L . P.RTNERS-'Ie ,aCIII'ICl".( . 1'C.'.',I'w, . 'L'..I"1 . 111.Ai" "1'1. . L...,ICI'( A'elllle,.,. January 17, 2002 VIA FAX: (305) 673.7851 Mr. John G. Ellis Assistant Procurement Director City of Miami 8each Procurement Division 1700 Convention Center Drive Miami Beach, FL 33139 RE: North Shore Park Dear Mr. Ellis: In response to your request, I am submitting this letter to confirm that the value engineering Items that are being recommended by Collage in order to reduce the overall construction budget for the North Shore Park were previousiy reviewed and approved by representatives from The City of Miami Beach Parks and Recreation Department, Public Works. URS Program Managers and Bermello. Ajamil & Partners and their respective consultants. The items that have been indicated by The Collage Company as part of their final value engineering package are acceptable to B&A. However, B&A does have a concern which is the amount of money being set aside for contingency relative to the overall project budget. Based on our understanding of the dollar amount assigned to the contingency it appears that we would have less than five percent (S%) of the overall construction budget set aside for this use. 1!1 our opinion, this number aopears to be low. If in fact we proceed into construction with just this amount we collectively need to make an effort to continue to further value engineer the job during construction. Should you have any fur-her questions regarding this letter, please call me at your earliest convenience. co: Kevil", Smith, Parks & Recreation Dept. Michel Magloiri, Public Works Nestor Fernandez, URS Project File 2lal ,aUTM l.fSMORI DRIVI . llTM FLDOR . .,UII, H H133 - us. - '.'''.1$1.2151. fAt 1'31$.'$9,5631 .W..b~mii'"tc.", w...u-!lD""'" LUIUIIl - tIII..tl' 03000. ~ BID No. 58-00101 BID PROPOSAL FOR Construction of North Shore Park and Youth Center (BID FORM) The work to be performed under this Contract shall consist of furnishing all equipment materials, supplies, and manufactured articles for furnishing all transportation and services, including fuel, power, water' and essential communications, and for the performance of all labor, work, or other operations required for the fulfillment of the Contract in strict accordance with the Contract Documents. TOTAL BASE BID $ ~ ,"s't 3Sf.. ~ ~,~~1;v~":' I au, 2.7 '0", Add Alternate #1 TOTAL Altemate#1 (Baseball Dugouts) ---.t \ \ ~,&.I.....O' ; CoLa. Z :7.. 02. Add Alternate #2 TOTAL Alternate #2 (Concessions/Restroom Concession Ext. Stair Restroom Ext. Stair Basketball Court) ~ 4,,)"1,vv<<J l ~ 1..7.a" Add Alternate #3 TOTAL Alternate #3 (North Pavillion South Pavillion 3 Flagpoles Landscape Lighting) hW,8S0 tUo. 2"."L GRAND TOTAL BASE BID + ADD ALTERNATES IW) f 1/ S ~5Cf 3Sl, / ; . ~ li,"".lI~/,,oo ~ '2.1.02.- V:vc..... m;lI;o"" Si)L- hvndreJ. A-t\cL~;.ftY-J'\\(\-e..A'ho'-'SAnJ. lhr-H. hu....d.re.ci.~..{4t-si,l( ~\.,. ....,,\\\.~.... ~C.C...A'__.JI'9 l."",v-~~'~~~Vf! \\.....us..-.d Aoll"r.~ Witten Amount BID NO: 58-00/01 DATE: 9111/01 CITY OF MIAMI BEACH 111 (Amended) Invitation for Bid No. 58~1 Directions: Complete Part J or Part II, whichever applies. Part I: Usted below are the dates of issue for each Addendum received in connection with this Bid: Addendum No.1, Dated October 2, 2001 Addendum No.2, Dated October 4, 2001 Addendum No.3, Dated Addendum No.4, Dated Addendum No.5, Dated Part II: No addendum was received in connection with this Bid. Verified with Procurement staff Name of Staff Date Collage Design & Constnlction Group, Inc. dba The Collage Companies Bidders- Name ~~~re Brian A. Walsh, President October 8, 2001 Date BID NO: 58-00101 DATE: 9/12/01 CITY OF MIAMI BEACH 123 CONSTRUCTION OF NORTH SHORE PARK AND YOUTH CENTER CUSTOMER REFERENCE USnNG Contractor's shall furnish the names, addresses, and telephone numbers of a minimum of eight (8) firms or government organizations for which the Contractor is currently fumishing or has furnished, similar services. Prospective Bidder (General Contractor) must have minimum of 5 years experience in providing similar type/size scope of work as indicated in the Technical Specifications. 1) Company Name Address Martin Colmty Board of Cty. Conmissioners 2401 S.E. M:>nterey Road, Stuart, FL. 34996 Contact Person/Contract Amount Richard Sheets / $6,841,000.00 Telephone Number (561) 288-5509 1,,% ~... ~ 1..\ \ 1.-- 2) Company Name Address City of Plantation v". 400 NW 73rd. Avenue, Plantation, FL. 33317-1678 v Contact Person/Contract Amount Danny Ezzeddine / $4,297,000.00 Telephone Number 3) Company Name Address (954) 797-2256 Solid Waste Authority of Palm Beach 7501 N. Jog Rd., West Palm Beach, FL. 33412 Contact Person/Contract Amount Michael Davis / $5,605,709.00 ",/ Telephone Number (561) 640-4000 4) Company Name Address FL. Dept. of Environmental Protection 3900 Coomonwealth Blvd., Tallahassee, FL. 32399 -y:: Contact PersonJContract Amount Hugh M::Arthtlr / $2,000,000 Cant. Srvcs. Cant Telephone Number (904) 448-2455 '~(,- 5~OO r- Bm NO: 58-00101 CITY OF MIAMI BEACH DATE: 9/12101 124 CUSTOMER REFERENCE USTlNG Contractor's shall furnish the names, addresses. and telephone numbers of a minimum of eight (8) firms or government organizations for which the Contractor is currently fumishing or has fumished, similar services. Prospective Bidder (Gen~ral Contractor) must have minimum of 5 years experience in providing similar typeIsize scope of work as indicated in the Technical Specifications. 5) Company Name Address City of Wellington 14000 Greenbriar Blvd., Wellington, FL. 33414 i./ Contact Person/Contract Amount Debbie Brisson / $3,557,221.00 V Telephone Number (561) 791-4005 6) Company Name Address Broward Cotmty Board of COImty CoIlInissioners 2555 West Copans Rd., Pompano Beach, FL. 33069 Contact Person/Contract Amount DiCk Tash / $3, 198,025.00 ~ Telephone Number (954) 831-0745 0q ro'b 7) Company Name Bethlme-Cookman College Address 640 Dr. Mary M::Leod Bethlme Blvd., Daytona Bch, FL. 32114 V' Contact Person/Contract Amount Dr. Oswald Bronson / $8,481, 173.00 Telephone Number (386) 255-1401 8) Company Name Address University of Central Florida -State Board of Regents P.o. Box 163020, Orlando, Fl. 32809 Contact Person/Contract Amount Peter Newman / $1, 279,000.00 Telephone Number (407) .l323-2166 Bm NO: 58-00101 DATE: 9/12/01 CITY OF MIAMI BEACH 125 ACORD". CERTIFICATE OF LIABILITY INSURANCE I IIATE(MIIIIDIlIYY) 01/24/2002 ~ (904)388-1981 FAX (904)311-1199 TItS CERTFlCATE "ISSUED AS A MATTER OF N'ORMA11ON Construction Insurance Corp. ONLY NID CONFERS NO RIGHTS UPON THE C.STFICATE HOl.DER. TItS CERTIFICATE DOES NOT AMEND, EXfEM) OR 2110 Herschel St. ALTER THE coveRAGE AFFORDED BY THE POLICES BELOW. Jacksonville, FL 32204 INSURERS AFFORDING COVERAGE _ Co11&ge Des1gn . Construct1on Group, Inc. INSURER A; ~risure Insurance COmpany 515 Technology Park, 51100 INSURER 8: ~risure Mutual In. Co Lake Mary, FL 32746 INSURER C: INSURER D: I INSURER E: COVERAGES THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED NtcNE FOR THE POLICY PERIOD tlDICATED. NOTWmiSTANOING IW'f REQUIREMENT, TERM OR caoT1ON OF IW'f CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE aMY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUClES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LMTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 'l"i't TYPE Of INSUftANCE POLICY NUM8I!II ~~ UMITS ~LIA8IUTY ...PP1322902 12/31/2001 12/31/2002 EACHOCCURRENCE $ 1 000 000 X COMMERC1AI. GENERAll.lABlUTY FIRE DAMAGE (Any.... 1ft) $ 100.000 I Cl.AlMS MADE m OCCUR MED EXP (Any-_l $ 5.000 A X xeu Included PERSONAl. & N:JV INJlIlY $ 1, 000 . O()(J -:':" X Contractual GENERAl AGGREGATE S 2 . 000 . O()(J - 2,000.000 GEN'l AGGREGATE UMIT APPlIES PER: PRODUCTS - COMPJOP AGG S :--, POUCYrxl ~g: n LOC I"". ~0M0lIILl! UAIllUTY CA1322901 , \ ~ 12/31/2001 12/31/2002 COMIllNEO SINGLE LNlT S X Nl'tAUTO (Ea~ 1. 000. OOCl '-- r"! ~r ALl. OWNED AUTOS IIODII. Y INJURY - S SCHEDULED AUTOS ~~o~ (Pet _I A "x HIRED AUTOS IIODII. Y INJURY "x S NON-OWNED AUTOS (Pet~ i-- r-- PROPERTY DAMAGE S (Pet~ R=:m AUTO 0Nl. Y . EA AcaDENT $ OTHER THAN EA ACe S AUTO ONLY: AGG $ EXCESS UABlUTY CU1322903 12/31/2001 12/31/2002 EACH OCCURRENCE S 4,000,000 t!:fOCCUR D CLAIMS MADE AGGREGATE S 8.000,000 I ~:::: $ S S Cl $ WOIIKERS COIIPENSATION AND WC99A25839 01/01/2002 01/01/2003 X I TORYUMrrs I IO~ EMPLOYERS' UAIllUTY EL. EACH ACCIDENT S l00,OOt I EL. DISEASE . EA EloFLOYEI S 100 , ()()( EL. DISEASE . POUCY UMIT $ 500 OO( ~ractors ~PP1322902 12/31/2001 12/31/2002 Each Act $1,000,000 A 'rofe.s ional Services Aggregate $2,000,000 iat..., itov Deductible $1,000 DESCII~ Of_TIONSII.nTlON~CL_S::rBY~SEMENT/SI'ECIAL- ~e: Construction 0 North S ore Park an Yout Center ~ith respects General Liability, the City of Miami leach, Florida is an Additional Insured for work performed by the naJMCI insured. CERTIFICATE HOLDER I I ADDlT1CINAI.INSUIII!Il; 1Il_1.ETTER CANCELLATION IItOULD Nf'f Of THE AIIllYE DI!"CllIHt' POLICIES BE 01- . "lII!FOIIE THE _TION IlATE_, THE___ r:ol/PNf'fWLL__ TO-. City of Mianri Beach, Florida ..1l!-llAva ~ NOTICII TO TIll! Cl!RTW'ICATE HCIUlEIl_ TO THE LEI'T, Procurement Division BUT FAlLUllE TO lIAIL SUCH NOTICE SHALL IMPOSE NO OlIUOATION 011 UAIIIUTY 1700 COnvention Center Dr. OF Nf'f KIND UPON THE COIIPNf'f, ITS AGENTS OR IlEPl\ESENTATNES. Mianri leach, FL 33139 AUTHOIIIZI!D IIEP1lESl!NTATlYE a~~tf'~ Claudia Baker/CAB ACORD 210$ (7187) ClACORD CORPORATION 19.. ..... ~ FILE No.553 01/24\ '02 14:$4' ID:COLLAGE COl1PANIES FAX:4078292258 PAGE 14 ~ " 00710. FORM OF PERFORMANCE BOND Bond No. 6102300852 COLLAGE DESIGN & CONSTRUCTION GROUP, INC. BY THIS BOND. We d/b/a THE COLLAGE COMPANIES , as Principal, hereinafter called CONTRACTOR, and UNITED STATES FIRE INSURANCE COMPANY as Surety, are bound to the City of Miami Beach, Florida. as Obligee, hereinafter called CITY, in the amount of SIX-MILLION, FOUR-HUNDRED-TWENTY-SEVEN-THOUSAND, THREE-HUNDRED-FIFTY-SIX & NO/IOO Dollars ($ 6,471 1'if. oh 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.: 58-00/01 ,awarded the 24th day of January , 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 NORTH SHORE PARK AND YOUTH CENTER , 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 BID NO: 58-00101 DATE: 9/12101 CITY OF MIAMI BEACH 51 FILE No.553 01/24 '02 14:35 ID:COLLAGE COMPAtJIES FAX:4078292258 PAGE 15 FORM OF PERFORMANCE BOND (Continued) 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. VVhenever 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 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 CllY 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 24th day of January ,2002 BID NO: 58-00/01 DATE: 9/12/01 CITY OF MIAMI BEACH 51 ......~, I _H...... '. '_'I " 1'1I"! '- _ , I ":', . "-1 '_' , '....'--._!..........,-'''-..? I t--I'-'iL .!.\J . . FORM OF PERFORMANCE BOND {Continued} COLLAGE DESIGN & CONSTRUCTION GROUP, INC. d/b/a THE COLLAGE COMPANIES (Name f Corporation) By: (CORPORATE SEAL) Brian A. Walsh, President (Print Name and Title) IN THE PRESENCE OF: INSURANCE COMPANY: UNITED STATES FIRE INSURANCE COMPANY ~~ - ~~) eb ie ones ~~ ~~~ By: A ent and Attorney-in-Fact & Florida Re ident Agent - James e. Congelio Addre . 305'. Madis.on Avenue (Street) Morristown, NJ 07960 (City/State/Zip Code) Telephone No.: (973) 490-6600 Agent: James c. Congelio (904) 388-5002 BID NO: 58-00101 DATE: 9/12/01 CITY OF MIAMI BEACH 53 ,,> Bond No. 6102300852 ~ 00720. FORM OF PAYMENT BOND COLLAGE DESIGN & CONSTRUCTION GROUP, INC. BY THIS BOND. We d/b/a THE COLLAGE COMPANIES , as Principal, hereinafter called CONTRACTOR, and UNITED STATES FIRE INSURANCE COMPANY as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called CITY, in the amount of S.IX-MILLION, FOUR-HUNDRED-TWENTY-SEVEN-THOUSAND, THREE-HUNDRED-FIFTY-SIX & NO/100 Dollars ($ 6,427,35-6.00) 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.: 58-00/01 awarded the 24th day of January . 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. BID NO: 58.00/01 CITY OF MIAMI BEACH DATE: 9/12101 S4 'il..'.....,....., ''''''--0'--.;.........v rH~t:. l.O " " FORM OF PAYMENT BOND (Continued) 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. 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 24th day of January ,20~. ATTEST: CONTRACTOR COLLAGE DESIGN & CONSTRUCTION GROUP, INC. d/b/a THE COLLAGE COMPANIES (Name f Corporation) By: (Corporate Seal) Brian A. Walsh, President (Print Name and Title) 24thdayof January , 20~. BID NO! 51-00/01 DATE: 9112101 CITY OF MIAMI BEACH SS ,. " IN THE PRESENCE OF: ~1~\~~~ J Debbie JO\l~ ~r_ Marlene Thompson BlD NO: 58-00101 OA TE: 9/12/01 I. .,', ............ '...:.....v.................v INSURANCE COMPANY: By: rHwL.. J..,J COMPANY Addr s : 305 Madison Avenue (Street) Morristown, NJ 07960 (City/StatelZip Code) Telephone No.: (973) 490-6600 Agent: James C. Congelio (904) 388-5002 CITY OF MMMI BEACH 56 Florida _'_ .. .., ~ _ . _ . _ '_'_......, I.,....io.- '.....~q I. rl"'.I. L...._" j (..1."....,.'-'. ..__._.......io.-io.-.......V r" HUL... r...'.....' . . .. . 00721. CeRTIFICATE AS TO CORPORATE PRINCIPAL I, Brian A. Walsh , certify that 1 am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond);. that Brian A. Walsh , who signed the Bond(s) on behalf of the Principal, was then President of said corporation; that I know his/her signature; and hislher 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) (on Qehalf of) . 1 age Des1gn & ConstructIon Group Inc. dba The Collage Companies Corporation STATE OF FLORIDA ) Duval Coun~~ Fla. ) SS COUNTY OF MtAMlXKnXK1t ) Before me, a Notary Public duly commissioned. qualified and acting personally, appeared James C. Congelio to me well known, who being by me first duly sworn upon oath says that..h.e/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 January and Sworn to ,20 02. before me this 24th day of My commission expires: Tom S. Lobrano, III / exp: 10/30/2002 Bonded TOM S. l\~i.iHH'"' . ~ PIIlk StM8 of Flu.. l1li -. ..... oa. 30. 200L ....... lID by Tom S. Lobrano, III BID NO: 58-00/01 DATE: 9/12101 CITY OF MIAMI BEACH 57 " ~ 00735. PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT: Date of Issue Issuing Bank's No. Beneficiary: Applicant: City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Amount: in United States Funds Expiry: (Date) Bid/Contract Number We hereby authorize you to draw on (Bank, Issuer name) at by order (branch address) of and for the account of (contractor, applicant, customer) up to an aggregate amount, in United States Funds, of by your drafts at sight, accompanied by: available 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) BID NO: 58-00/01 DATE: 9/12/01 CITY OF MIAMI BEACH 58