No. Shore Open Space Phase II
CITY OF MIAMI BEACH:, FLORIDA
PROCUREMENT DIVISION
1700 CONVENTION CENTER DRIVE
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CONSTRUCTION CONTRACT DOCUMENTS
PROJECT MANUAL FOR THE FOllOWING PROJECT(S):
NORTH SHORE OPEN SPACE PARK PHASE II
INVITATION TO BID NO.: 34-01/02
http:\ \ci.miami-beach.fl.us
E-mail: guslopez@ci.miami-beach.fl.us
Telephone: 305.673.7490
Facsimile: 305.673.7851
CITY CLERK
BID NO: 34-01102
DATE: OS/20/02
CITY OF MIAMI BEACH
1
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.ci.mlami-beach.fl.us
To:
From:
Subject:
COMMISSION MEMORANDUM
Mayor David Dermer and
Membel1l of the City (':(ll'1'lmission
Date: July 10, 2002
Jorge M. Gonzalez ~ .. ~.
City Manager U r,v - 0
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AWARDING A CONTRACT TO THE FIRM OF
PLAY SPACE SERVICES, INC., THE LOWEST AND BEST BIDDER
PURSUANT TO INVITATION TO BID NO. 34-01/02, IN THE AMOUNT OF
$361,650.87, FOR THE CONSTRUCTION OF THE NORTH SHORE OPEN
SPACE PARK-PHASE II PROJECT, (THE NORTH BEACH RECREATIONAL
CORRIDOR PHASE V), FUNDING IN THE AMOUNT OF $448,748 IS
AVAILABLE FOR THE PROJECT FROM THE PREVIOUSLY
APPROPRIATED 1997 MIAMI.DADE COUNTY SAFE NEIGHBORHOOD
PARKS BOND AS FOLLOWS: $361,650_87 FOR THE CONSTRUCTION,
AND $87,097.13 TO COVER THE CONSTRUCTION CONTINGENCY,
FURNITURE, FIXTURES, EQUIPMENT, HEALTH TRAIL.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
F,UNDING
~unding in the total amount of $448,748 is available from the 1997 Miami-Dade County
Safe Neighborhood Parks Bond-Fund No. 371 as follows:
Construction........................... ........................ .....$361 ,650.87
Contingency, FF&E, & Health TraiL.................. ......$ 87,097.13
Total $448,748.00
ANALYSIS
On March 14, 2001, the Mayor and City Commission adopted Resolution No. 2001-24293,
authorizing the Mayor and City Clerk to execute an amendment to the architectural and
engineering Agreement with the firm of Bermello, Ajamil, and Partners, Inc., to provide the
additional design and construction administration services required for the completion of
the portion of the North Beach Recreational Corridor that will be built within the limits of the
North Shore Open Space Park.
53
Bid No. 34-01/02
Page Two
July 10.2002
The North Shore Open Space Park Phase II Project is the portion of the North Beach
Recreational Corridor Project (NBRC) that traverses the North Shore Open Space Park
from 79th Street, to the City's northern limit at 87th Street.
The ~I(lrth Beach Recreational Corrirlnr wi!! be an C'!'1 grade, bicycle/pedestrian trail built
within the public easement along the western edge of the sand dunes. The completed
NBRC will provide a continuous, multi purpose public access corridor, interconnecting area
business districts, cultural and tourism centers, residential neighborhoods, park and
parking facilities, schools, and beaches.
Invitation to Bid No. 34-01/02 was issued on May 20, 2002, with an original bid opening
date of June 18, 2002. A pre-bid conference was held on June 4, 2002. As a result of
questions received from prospective bidders, several Addenda were issued to address the
bidders' questions and the bid opening date was postponed to June 25, 2002.
DemandStar by Onvia issued bid notices to one thousand five hundred and thirteen (1513)
prospective bidders, resulting in fifty-two (52) vendors requesting bid packages.
Announcement of the bid was published in the Daily Business Review and several E-
Business construction related web sites including Florida Bid .com. The issuance of the bid
packages resulted in the receipt of ten (10) responsive, and one (1) non-responsive bid
from Hard J. Construction Corp., Inc. who did not acknowledge receipt of two addenda.
The bid tabulation is attached.
The Work specified in the bid include the furnishing of all labor, machinery, tools,
transportation, equipment, supplies, materials, and the services necessary for the
construction of the Work. The Project limits are 79th Street to 87th Street, east of Collins
Avenue.
The Scope of Work includes the removal of the existing guardhouses, demolition of
portions ofthe existing 8' walkway, widening of portions ofthe existing walkway, milling and
resurfacing, construction of a new 15' wide asphalt walkway, installation of unit pavers at
park entrances, removal of the existing vita course stations, installation of a new vita
course, removal of existing lighting, installation of new lighting and electrical distribution,
installation of curb and gutter, drinking fountains fixtures and equipment, landscaping and
irrigation, and all other work indicated in the Contract Document.
The Contract Documents specify that the Work for the North Shore Open Space Park
Phase II Project shall be substantially completed within One-Hundred twenty (120)
calendar days from the issuance of the second Notice to Proceed, and completed and
ready for final payment within thirty (30) calendar days from the date Certified by the
Consultant as the date of Substantial completion.
54
Bid No. 34-01/02
Page Three
July 10, 2002
The Administration obtained the Dun and Bradstreet report on the low bidder Siga, Inc.
which reflected a "High Risk" index on payment to subcontractors. The "High Risk" rating
from Dun & Bradstreet is a result of their record of paying their subcontractors/suppliers, 75
days beyond contract terms. Additionally, the Administration received oral references from
Municipalitie!"- th~t receiv"lrl Aarvices from Slga, In~.. three (3) i""3ferences where favorable
and two (2) where negative. The negative references were from the City of Hollywood and
the Village of Royal Palm Beach who stated the following:
City of Hollywood
"Difficult Contractor, had to bring in Lawyers to litigate
so they would finalize the project."
"They did not meet the budget, there were several
change orders and their quality of work was fair:"
Village of Royal Palm Beach
Dun and Bradstreet report was obtained on the second low bidder and references where
checked and both returned favorable. Conclusively, the Administration and the City's
Consultant, Bermello. Ajamil and Partners have evaluated the bid(s) received, the bidders'
references, and have determined that Play Space Services, Inc. is the "lowest and best"
bidder.
Based on this analysis, the Administration recommends the Contract award to the firm of
Play Space Services, Inc., in the total amount of $361,650.87 for the construction of the
North Shore Open Space Park Phase II Project.
55
Bid No. 34'()1/02
Page Four
July 10, 2002
Bid Tabulation
Bid #34-01102 - North Shore Park Open Space - Phase II
Company Name Bid Amount $
'---._- ;- '~'._"'-"_."-' -- >>_. .... .__. .--'..
*SiQa Inc. 350,000
Play S".ce Services. Inc. 361.650.87
Trintec Construction, Inc. 368,368
Tran Construction, Inc 378.073.48
Leadex Corooration 387,000
** Hard J. Construction Corp. 387,434
BRC Construction Co., Inc. 400,000
Plos & Sons Enterprises Inc. 429.000
JCllntemational, Inc. 438,699
ABC Construction. Inc. 464,444
Granda-Klein Enterprises, Inc. 590,484.69
Granda-Klein Enterprises, Inc. 691 ,935.58
. Lowest but not the Best
. . Non-Responsive
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INVITATION TO BID NO. 34-01/02
ADDENDUM NO.1
JUDe 3, 1001
NORTH SHORE OPEN SPACE PARK PHASE II is amended as follows:
L Tbere is DO Bid Guaranty required for this bid, however the successful bidder will be
required to provide Performance and Payment Bonds, each for 100% of the contract
amounL
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pos I page163, "Acknowledgement of
Bidders are required to acknowledge this addendum on
Addenda", or the bid may be considered non-responsive
CITY OF MIAMI BEACH
Gus Lopez. CPPO
Procurement Director
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CITY OF MIAMI BEACH
1700 CONVENTION ~R DRIVE. MIAMI BEACH. FlORIDA 33139
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INVITATION TO BID NO. 34-01/02
ADDENDUM NO.2
June 14, 2001
~ORTH SHORE OPEN SPACE PARK PHASE 11 is amended ti follows;
I. The Bid OpeniDI date is changed from Juoe 18, 2002 to Juoe 21, 2002 at 3:00 P.M.
D. Tbe followiog are answers to cootractor's questions:
Q. What exactly is the City furnishing? (Trash Cans, Benches, Bike Racks Pooper
Scuppers, Water Fountains)
A. The City of Miami Beach will supply contractor with Trash Receptacles, Benches
and Bike Racks as called out on the detail Sheet L4.1. These items should be
installed as per manufacturer's recommendations. Drinking Fountains and Pooper
Scooper Stations shall be supplied and installed by Contractor.
Q. A drain exists in the driveway betWeen 79 and 80 Street. \\'11at is to be done with it"
A. All existing drainage to remain. Top of Asphalt should meet existing top of drain.
Walkway should slope towards the drain at no more than 2%. If the drainage
structure can be avoided by slightly shifting the walkway, then this would be
preferable.
Contractor to avoid all conflicts with
contractor shall stake out new
will review layout in the field and adj
of the new driveway. ~'hat is
Q.
Some existing concrete electrical boxes are in the
to be done with these boxes?
A.
stated in the drawings,
. Landscape Architect
oid conflicts.
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PAGE 04
BId No. 34-01102
Addendum 2
Pagel
Q. Some trees are in the path of the new driveway. Then: is not enough space to arrive
at 15 feet. What are we to do with these trees? (Remove only or remove and replant)
A. Contractor to avoid all conflicts with existing trees. As stated in the drawings,
contractor shall stake out new walkway prior to demolition. Landscape Architect
will review layout in the field and adjust as necessary to avoid conflicts.
Q. All over the plans boxes are drawn with no specifications. What are these boxes?
A. Please disregard "boxes" on plans. (Most are existing vita-course stations which are
called out to be removed). Contractor is responsible for familiarizing bim/herself
with the project prior to bidding it. Only bid wbat is called out in drawings and
specifications.
Q. The use ofS-I and s-m asphalt increases the cost ofthe driveway exponentially and
will never match exactly. The cost increase is based on the fact that tbe driveway has
to be done by hand. By using only one asphalt the work will not only be better but
more economical (Weather S-l or S-III on the whole driveway).
A. Use S-III asphalt for the entire walkway.
Q. The plans do not specify if on the sections of existing driveway that are to remain the
asphalt needs to be removed or left in place.
A. The existing asphalt that is adjacent to the new walkway shall remain, and be top-
coated as shown on the "Typical Pavement..... Detail shown on Sheet C-S.
Q. The plans do not specify if in the areas that the asphalt needs to be demolished if we
also need to remove the existing lime-rock.
A. Where the existing asphalt is to be completely removed, the lime-rock base should be
removed as well.
A.
As stated on the plans: "Remove AL
Completely. . .. ". They still need to be rem ve
CCCL line.
is' g Vita Course Stations
. theyfall some\\o.hat east of the
Q. The plans say to remove all vita Courses. Are we to Ii
the areas specified by the plans as work a
are in areas designated by the plans as none
to remove these also?
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PAGE 85
Blcl No. 34-01182
Addendum 2
Pace 3
Q. Are we to figure out that we will need to fix the landscapmg were the Vi.ta Courses
are temoved'?
A. Yes, any areas impacted by removal of Vita Courses should be brought back to
existing grade and planted with sod, unless a new Vita Course is being constructed in
the same location. As stated in the drawings, the contractor must stake out new
locations of Vita Course Stations for approval prior to installation.
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Bidders are required to acknowledge this addendum on proposal page16 , "Acknowledgement of
Addenda", or the bid may be considered non-responsive.
CITY OF MIAMI BEACH
Gus Lopez. CPPO
Procurement Director
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CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE. MIAMI BEACH. FLORIDA 33139
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INVIT A nON TO BID NO. 34-01/02
ADDENDUM NO.3
JuDe 19, 2002
NORTH SHORE OPEN SPACE PARK PHASE II is amended as follows;
I. The Bid Opening date is changed from June 21, 2002 to June 25, 2002 at 3:00 P.~.
Subsequent addenda wiD follow with additional answen to cootractor's questiOM.
II. Clarification: There is 00 Bid Guaraotv required for this bid. however the successful
bidder will be required to provide Performance and Payment Bonds, each for 100-/0 of
the contract amount.
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ument, proposers are not requITed to
I
Inasmuch as this change does not materially affect the bid
acknowledge this addendum to be deemed responsive.
CITY OF MIAMI BEACH
Gus Lopez, CPPO
Procurement Director
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CITY OF MIAMI BEACH
1700 CONII"ENTION CENlER DRIve. MIAMI BEACH. FlORIDA 33139
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INVIT A nON TO BID NO. 34-01/02
ADDENDUM NO.4
June 10, 1002
NORTH SHORE OPEN SPACE PARK PHASE II is amended as follows:
1_ The following are additional answers to contractor's questions:
Q. On page L 1.2 some of the asphalt demolition is painted outside of the work area
lines. Do we include this demo in our price?
A. No. Limit of Work is everything west of CCCL Line to back of curb on Collins
A venue to the .;l,"est, property line to the north, and face of curb of north side of 79th
Street to the south.
Q. The existing trees situated on the South-West entrance ofthe Park, do not appear to
be located according to constrUction plans.
. Would these trees interfere with the constrUction of the new South-West
entrance?
. Being this the case, are we responsible for the removal and/or relocation of the
said trees?
A. Tree cut-outs are shown on the plans to save ex.isting trees. Cut-outs will be adjusted
in the field as necessary to accommodate existing trees.
Q. It seems that there is a tree interfering with the pathway inside the Park immediately
adjacent to the new South-West entrance. Such tree is not sbown in the constrUction
plans.
. Be1ng this the case, are we responsible for the removal andl elocatioD oithe
said tree?
A_ Y cs. The one tree directly in the path at the south
Contractor must secure a DERM permit for this
removed because there is no other way to layout th
and Consultant will assist contractor in gathering
DERM permit.
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PAGE. es
BId No. 34-01102
AddeaduDI ..
Page 2
Q. We found approximately sixty (60) trees that are interfering with the path~llY of me
construction of the new sidewalk.
. Are we respcn~ib!e f::}~ !he l'en-:O'.'ll! andlor relocation of ~id t!ee~?
. If we are responsible for such action, who is responsible for obtaining the DERM
permit and gathering the required documentation?
A. Wallc~;ay shall be laid out by contractor prior to constrUCtion/demolition and
adjusted as needed to minimize conflicts.
Q. The existing sidev.'alks are extremely deteriorated.
. Are we responsible for repairing the visible and concealed damages of the
existing sidewalk?
A. Refer to Sheet C-S for details and notes about asphalt overlay on existing walkways.
Q. The construction plans and specifications do not clearly identify the proposed
method for matching the existing sidewalk to the new one. The method used to
match the existing with the new sidewalks will not only influence the price of the
project, but also will imply the alteration of the existing side......alk. which is not part
of the actual scope of work. The proper procedure requires cutting a trench with
dimensions between 0.5' x 0.5' deep to l' x 0.5' deep along the approximately 3,200
linear feet of existing sidewalk.
. Shall this be the case, do we have to consider that the new sidewalk is 8 feet
across instead of 7 feet as stated in the construction plans? Or do we have to
consider that the actual scope of work will be modified to include the restoration
of approximately I foot across the existing sid~.alk?
A. Refer to Sheet C-S for details and notes about asphalt overlay on existing walkways.
Q. We found that the drainage system is not appropriate allowing for the accumulation
of water in several places along the existing side\\;a!k. Furthennore, in several
places, the landscaping at the periphery of the existing sidewalk presents a higher
elevation than the sidewalk forcing the overflow of water to flow toward the
sidewalk without any place to go.
. If the landscapiDj is not modified to avoid the above described problem, the
same situation will tab place with the new sidewalk. Are we responsible for the
alteration of the existing landscape to force any overflow of water to flO\l\o. toward
the landscaping rather that the sidewalk as it is currently the case"?
A. All existing drainage to remain. Top of Asphalt should meet existing
Walkway should slope towards the drain at DO more than %. I the inage
structure can be avoided by slightly shifting the walkw this rould be
preferable. Also, refer to Sheet C- 5 for details and notes for age on
walkway. Atne point should the edges of the walkway be e srinS8f8.de.
The edges should meet existing grade and then slope delle at 2% as
shown on the detail on Sheet C-5.
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PAGE 89
BId No. 34-01101
Addendu.m 4
Page 3
Q. OIice liew sidewalk is completed, a sealer is installed over the asphalt to improve
protection against the elements and provide a smoother look to the surface. To
minimize the visible differences between the eXisting and the new sidewalks, the
sealer should be applied to tbe existing sidewalk as well.
. Are we responsible for the application of the said sealer to the existing sidewalk'?
Or should the existing sidewalk remain unaltered?
A_ Refer to Sheet C-5 for details and notes of existing/new walk construction.
Q. We observed the existence of electrical ,I telephone boxes.
. Are we responsible for removing" relocating the said boxes?
A. Contractor to avoid all conflicts with electrical boxes. As stated in the drawings,
contractor shall stake out new walkway prior to demolition. Landscape Architect
v..;11 review layout in the field and adjust as necessary to avoid conflicts
II. I)elete:
The lane stripping and "bike path symbol" pavement mar . gs are hereby deleted from the
construction specifications.
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Bidders are required to acknowledge this addendum on
Addenda". or the bid may be considered non-res ive.
CITY OF MIAMr BEACH
Gus Lopez, CPPO
Procuremeot Director
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PAGE t:.
NATIONWIDE
Phone: 407-957-9499 * Fax: 407-957-9599
www.rainbowturfprtlducts.com
Puy.....--....
SPACE *
SERVICES
lW, NBOW
1URF 0
I\ODUCTS'~
To: RomBn MMtina
From: ....... Segers
Fax: 305-t73-7151
.......: ,
Phane: 305-673-7410
DIlle: 6/21/02
Re: North Shore ap.. SpMI8 p-
oc:
o Urgent
o For Review
Ii!! Please Comment
Comments:
Roman,
Attached you will find the four addendum's that we spoke about yesterday. I have
signed these could you please inclucl them in our bid.
Thanlcs,
J
NOTICE TO USING DEPARTMENTCS) 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 D1 through
(Using Department)
(Director)
(Consultant)
Changes approved by:
City Attorney
Procurement Director
Date
Date
BID NO: 34-01/02
DATE: OS/20/02
CITY OF MIAMI BEACH
2
TABLE OF CONTENTS
PAGE
NOTICE FOR BIDS......................................................................................................... 7
NO BID NOTIFICA\TlON FORM ................................................................................... 10
PLANS ORDER FORM .................................................................................................11
00100.
00200.
00300.
00400.
00405.
00407.
00410.
00500.
BID NO: 34-01102
DATE: OS/20/02
GENERAL INSTRUCTIONS TO BIDDERS ............................................. 12
DEFINITIONS .............. ....... ................ ................................ ......... .... ........ 13
INSTRUCTIONS TO BIDDERS ...............................................................16
1. Examination of Contract Documents and Site............................... 16
2. Pre-Bid Interpretations ..................................................................16
3. Submitting Bids ............................................................................. 17
4. Printed Form of Bid .......................................................................17
5. Bid Guaranty ................................................................................. 17
6. Acceptance or Rejection of Bids ...................................................17
7. Determination of Award................................................................. 18
8. Evaluation.. ............................................ .............. ......................... 18
9. Contract Price .................... ......... ....................................... ........... 18
10. Postponement of Date for Presenting and Opening of Bids .......... 18
11. Qualifications of Bidders ............................................................... 18
12. Addenda and Modifications........................................................... 19
13. Prevailing Wage Rates.................................................................. 19
14. Occupational Health and Safety.................................................... 19
15. Environmental Regulations ........................................................... 20
16. "Or Equal" Clause ......................................................................... 20
17. Protested Solicitation and Award ..................................................21
18. Financial Stability and Strength..................................................... 21
BIDfTENDER FORM... .................................. ... ........ ...... .......................... 22
CITY OF MIAMI BEACH LICENSES, PERMITS AND FEES................... 25
SCHEDULE OF PRICES BID ..................................................................26
BID GUARANTY FORM
UNCONDITIONAL LETTER OF CREDIT ................................................27
SUPPLEMENT TO BIDfTENDER FORM
QUESTIONNAIRE .... ...... ....... ..... .... ..... ............ ..... ......... ... .......................29
CITY OF MIAMI BEACH
3
00520.
00530.
00540.
00550.
00600.
00708.
00710.
00720.
00721.
00735.
00800.
TABLE OF CONTENTS
(Continued)
SUPPLEMENT TO BIDrrENDER FORM
NON-COLLUSION CERTIFICATE ..........................................................35
SUPPLEMENT TO BID/TENDER FORM
DRUG FREE WORKPLACE CERTIFICATION .......................................36
SUPPLEMENT TO BIDrrENDER FORM
TRENCH SAFETY ACT........................................................................... 38
RECYCLED CONTENT INFORMATION ................................................. 40
CONTRACT... ........... ........... ...................... .......... .......... ..... ........... ....... ...41
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: 34-01102 CITY OF MIAMI BEACH
DATE: OS/20/02 4
12.
13.
14.
1,"
::J.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
BID NO: 34-01/02
DATE: OS/20/02
TABLE OF CONTENTS
(Continued)
Resolution of Disputes .................................................................. 70
Inspection of Work ........................................................................ 71
Superintendence and Supervision ................................................ 71
City's Right to Temlinate Contract ................................................ 73
Contractor's Right to Stop Work or
Terminate Contract ....................................................................... 74
Assignment................................................................................... 74
Rights of Various Interests ............................................................ 75
Differing Site Conditions................................................................ 75
Plans and Working Drawings ........................................................ 76
36.
37.
38.
39.
40.
41.
42.
43.
44.
Contractor to Check Plans,
Specifications, and Data ............................................................... 76
Contractor's Responsibility for
Damages and Accidents ............................................................... 76
Warranty .......... ......... .... ............ ......... ...... ..... ..... ........ ......... .......... 76
Supplementary Drawings............................... .......................... ..... 77
Defective Work.................. .... ....................... ............ ..... ..... ..... ...... 77
Taxes............................................................................................ 78
Subcontracts .................. ....... .... ................. ....... ......... ...... ..... ..... ... 78
Separate Contracts..... .................................................................. 78
Use of Completed Portions ........................................................... 79
Lands for Work........ ........ .......................... ........ .................... ........ 80
Legal Restrictions and Traffic Provisions ...................................... 80
Location and Damage to Existing
Facilities, Equipment or Utilities .................................................... 81
Value Engineering.... ........ ................ ............................................. 82
Continuing the Work. ........ ....... ............ ................ .................... ...... 82
Changes in the Work or Terms
of Contract Documents ................................................................. 82
Field Orders and Supplemental Instructions ................................. 83
Change Orders.............................................................................. 83
Value of Change Order Work........................................................ 83
Notification and Claim for Change of
Contract Time or Contract Price.................................................... 89
No Damages for Delay.................................................................. 89
Excusable Delay; Compensable;
Non-Compensable........................................................................ 90
Substantial Completion ................................................................. 91
No Interest .................................................................................... 91
Shop Drawings.............................................................................. 92
CITY OF MIAMI BEACH
5
00900.
00920.
00922.
00923.
00925.
00926.
00930.
00950.
01000.
02000.
03000.
04000.
05000.
06000
BID NO: 34-01/02
DATE: 05120/02
TABLE OF CONTENTS
(Continued)
45. Assignment ..................... ...................... ........................................94
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.......................................................... 97
ADDITIONAL ARTiCLES................................... .................. .................... 99
1. Prevailing Wage Rate Ordinance .................................................. 99
2. Federal Grant Projects .................................................................. 99
STATEMENT OF COMPLIANCE
(PREVAILING WAGE RATE ORDINANCE NO. 83-72)......................... 100
STATEMENT OF COMPLIANCE
(DAVIS BACON ACT)............................................................................ 101
CERTIFICATE OF SUBSTANTIAL COMPLETION ...............................102
FINAL CERTIFICATE OF PAYMENT ....................................................104
FORM OF FINAL RECEIPT................................................................... 105
DRAWINGS INDEX ............................................................................... 107
ADDENDA AND MODIFICATIONS .......................................................108
TECHNICAL SPECiFiCATIONS............................................................109
BID PROPOSAL FORM......................................................................... 161
1. Unit Prices....... ............... ............................ ...... ......... .................. 162
ACKNOWLEDGEMENT OF ADDENDA................................................ 163
CUSTOMER REFERENCE LISTING ....................................................164
ORDINANCES; LOBBYIST, CONE OF SILENCE, DEBARMENT, CODE
OF BUSINESS ETHICS, PROTESTED SOLICITATION AWARD ........166
CITY OF MIAMI BEACH
6
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
lD
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
INVITATION TO BID NO. 34-01/02
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 18th day of June 2002 for:
NORTH SHORE OPEN SPACE PARK PHASE II
Scope of Work: The work specified in this bid consists of furnishing all labor,
machinery, tools, means of transportation, supplies, equipment, materials, services
necessary for the construction work at North Shore Open Space Park, located in Miami
Beach Florida east of Collins Avenue along the Atlantic Ocean between 79th Street and
aih Streets. The Project is one phase of a multiple phase project. The work of this
Contract, Phase 2, includes, but is not limited to: 1) Removal of portions of the asphalt
walkway; removal of existing guardhouses, removal of vita-course stations, removal of
existing lighting. 2) Installation and widening of asphalt walkway; 3) Installation of
concrete unit pavers at entrances; 4) Installation of new lighting system; 5) Installation
of new vita-course stations, and furnishings; 6) All other work indicated on the Contract
Documents.
Estimated budget for this project is $320,000.
Minimum Requirements: Prospective Bidders (General Contractor and/or their
subcontractor) must have 3 years experience in providing the Scope of Work stated
above. Bidders shall provide references for a minimum of 4 separate projects of one-
hundred thousand dollars ($100,000) or higher in construction work. The prospective
bidder (General Contractor) must have any/all licenses required in order to pull all
required permits. Additionally, this Project requires that a permit be pulled for Electrical
and Asbestos Abatement removal work (See page 25 of the bid package). Bidders shall
either submit a copy of all required licenses with their bid, or within five (5) calendar
days after receipt of request from the City.
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.
BID NO: 34-01/02
DATE: OS/20/02
CITY OF MIAMI BEACH
7
A Pre-Bid Conference will be held at 11 :00 a.m. on June 4, 2002 at the City of
Miami Beach City Hall, First Floor Conference Room, located at 1700 Convention
Center Drive, Miami Beach, FL 33139.
Attendance at the Pre-bid Conference is highly encouraged and recommended as a
source of information but is not mandatory.
Bid Guarantv: All bids shall be accompanied by either an original bid bond executed by
a surety company meeting the qualifications for surety compl'Inies 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 the amount of $1,000.00 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.
The City has contracted with DemandStar by Onvia as our electronic procurement
service for automatic notification of bid opportunities and document fulfillment. We
encourage you to participate in this bid notification system. To find out how you can
receive automatic bid notifications or to obtain a copy of this Bid, go to
www.demandstar.com or call toll-free 1-800-711-1712, and request Document
#343. 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 (htto://ci.miami-beach.fl.us. From the City's home page, click
on E-Govemment - on line services on the next web page click on Request Bid
Information and Bid Status and follow the instructions. You will be charged an
administrative fee of $5.00 by DemandStar to download this document. Plans and
specifications are available for this bid but must be ordered through T -Square
Miami, Phone No. (305) 324.1234. The attached order form on page 11 of the Bid
package must be completed and returned 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.
BID NO: 34-01/02
DATE: OS/20/02
CITY OF MIAMI BEACH
8
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.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
BID SOLICITATION PROTEST ORDINANCE NO. 2002-3344.
CITY OF MIAMI BEACH
// """p
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I
Gus Lopez, CPPO
Procurement Director
BID NO: 34-01102
DATE: OS/20/02
CITY OF MIAMI BEACH
9
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE. MIAMI BEACH. FLORIDA 33139
http:\\ci.miami-beach.fl.us
PROCUREMENT DMSION
Telephone (305) 673-7490
Facsimile (305) 673-7851
Bid No. 34-01/02
NORTH SHORE OPEN SrACE PA~~( PHASE II
NOTICE TO PROSPECTIVE BIDDERS
NO BID
If not submitting a bid at this time, please detach this sheet from the bid documents, complete the
information requested, and return to the address listed above.
NO BID SUBMITTED FOR REASON(S) CHECKED ANDIOR INDICATED:
_ Our company does not handle this type of product/service.
_ We cannot meet the specifications nor provide an alternate equal product.
Our company is simply not interested in bidding at this time.
Due to prior commitments, I was unable to attend pre-proposal meeting.
OTHER. (Please specify)
We do _ do not _ want to be retained on your mailing list for future bids for this type or
product and/or service.
Signature:
Title:
Company:
Note: Failure to respond, either by submitting a bid or this completed form, may result in your company.
BID NO: 34-01/02
DATE: OS/20/02
CITY OF MIAMI BEACH
10
C.O.D Order
T -SQUARE
A TTN:CARMEN DAVILA
FAX 305-324-8040
PHONE 305-3241234 EX. 320
CITY OF MIAMI BEACH
BID # 34-01/02
North Shore Open Space Park Phase II
Authorized by : Roman Martinez
Fax: 1,0;324.8040
ComDlete Set 26 Plans - 24 x 36
Price per SQ.FT S .ncnts full size/ half size S 1.00 per first copy &.45 second copy Total
(MINIMUM ORDER FOR FREE DELIVERY 520.00 PER DELIVER)
COMPANY NAME: ORDER BY:
Bill to:
COD T -Square Acct# 613204 Cash:
Credit Card #
Visa:_ Amex:_Master:_ Other:
Ex. date
In the name of:
Authorization signature
Ship TO:
City
State
zip code
Phone: _-_-_Fax:_ -_ -_ Contact name
Title
Received by:
shipped by: UPS #
FEDEX #
Received by:
shipped by: UPS #
FEDEX #
Next day air _ Next day air saver _Ground _Second day air AM _Second air
Three day select Handling charge $
Order received by T -Square: Title:
ANY QUESTION AT T-SQUARE PLEASE CALL 305-324-1234
ASK FOR: Rusty James = VP Production
Don Walker = Production Department
Jesus Luya = Production Department
Veronica Lorza = Account Manager
Carmen Elena Davila = Sales Manager
= Ext. 202
= Ext. 224
= Ext. 224
= Ext. 230
= Ext. 320
If you already have an account with T -Square please use your account
# to place the order.
Thank you for your business.
BID NO: 3~l/02
DATE: OS/20/02
CITY OF MIAMI BEACH
11
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. Scooe of Work: The work specified in this bid consists of fumishing all labor,
machinery, tools, means of transportation, supplies, equipment, materials,
services necessary for the construction work at North Shore Open Space Park.
The Project is one phase of a multiple phase project. The work of this Contract,
Phase 2, includes, but is not limited to: 1) Removal of portions of the asphalt
walkway; removal of existing guardhouses, removal of vita-course stations,
removal of existing lighting. 2) Installation and widening of asphalt walkway; 3)
Installation of concrete unit pavers at entrances; 4) Installation of new lighting
system; 5) Installation of new vita-course stations, and furnishings; 6) All other
work indicated on the Contract Documents.
3. Location of Work: East of Collins Avenue along the Atlantic Ocean between 79th
Street and aih Streets.
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: 34-01/02
DATE: OS/20/02
CITY OF MIAMI BEACH
12
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 follows:
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
governmental body and shall not be attributable in any manner to City
as a party to this Contract.
1.4. City Commission: City Commission shall mean the governing and
legislative body of the City.
1.5. City Manager: City Manager shall mean the Chief Administrative Officer
of the City.
1.6. Consultant: Architect or Engineer who has contracted with City or who
is an employee of City, to provide professional services for this Project.
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.
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
BID NO: 34-01102 CITY OF MIAMI BEACH
DATE: OS/20/02 13
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 Manual, 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 the 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.
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.
BID NO: 34-01/02 CITY OF MIAMI BEACH
DATE: OS/20/02 14
1.20. Program Manager: URS CorD. Eastern Financial Bldq. Suite 1000. 700
Roval Ponciana Blvd. Miami SDrinqs. 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
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: 34-01/02 CITY OF MIAMI BEACH
DATE: OS/20/02 15
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 Contrad 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 furnishing of the Work.
2. Pre-Bid Interpretations: 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: 34-01102
DATE: OS/20/02
CITY OF MIAMI BEACH
16
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: NORTH SHORE OPEN SPACE PARK PHASE II
BID/CONTRACT NO.: 34-01/02
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 shall be accompanied by either an original bid bond
executed by a surety company meeting the qualifications for surety companies
as specified in Section 5, General Conditions, or by cash, money order, certified
check, cashier's check, Bid Guaranty Form, Unconditional Letter of Credit (Form
00410), treasurer's check or bank draft of any national or state bank (United
States), in the amount of $1,000.00, 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. Acceptance 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
may withdraw its bid after the expiration of ninety (90) calendar days from the
date of bid opening by delivering written notice of withdrawal to the Purchasing
Division prior to award of the Contract by the City Commission.
BID NO: 34-01/02
DATE: OS/20/02
CITY OF MIAMI BEACH
17
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 of the bidder to perform the Contract.
b. Whether the bidder can perform the Contract within the time specified,
without delay or interference.
c. The character, integrity, reputation, judgement, experience and
efficiency of the bidder.
d. The quality of performance of previous contracts.
e. The previous and existing compliance by the bidder with laws and
ordinances relating to the Contract.
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. Postoonement of Date for Presentina and Ooenina 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.
In determining a Bidder's responsibility and ability to perform the Contract, City
has the right to investigate and request information concerning the financial
condition, experience record, personnel, equipment, facilities, principal business
BID NO: 34-01/02
DATE: OS/20/02
CITY OF MIAMI BEACH
18
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 identitied as changes to the Project Manual.
13. Prevailina Waae Rates: City of Miami Beach Ordinance No, 94-2960 provides
that in all non-federally funded construction contracts in excess of one million
dollars to which the City of Miami Beach is a party, the rate of wages and fringe
benefits, or cash equivalent, for all laborers, mechanics and apprentices
employed by any contractor or subcontractor on the work covered by the
contract, shall not be less than the prevailing rate of wages and fringe benefit
payments or cash equivalence for similar skills or classifications of work, as
established by the Federal Register, in the City of Miami Beach, Florida. The
provisions of this Ordinance shall not apply to the following projects:
a. water, except water treatment facilities and lift stations;
b. sewer, except sewage treatment facilities and lift stations;
c. storm drainage;
d. road construction, except bridges or structures requiring pilings;
and
e. beautification projects, which may include resurfacing new curbs,
gutters, pavers, sidewalks, landscaping, new lighting, bus shelters,
bus benches and signage.
14. Occupational Health and Safety: In compliance with Chapter 442, Florida
Statutes, any toxic substance listed in Section 38F-41.03 of the Florida
Administrative Code delivered as a result of this bid must be accompanied by a
Material Safety Data Sheet (MSDS) which may be obtained from the
manufacturer. The MSDS must include the following information:
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;
BID NO: 34-01/02
DATE: OS/20/02
CITY OF MIAMI BEACH
19
14.2.2.
The known acute and chronic health effects of risks from
exposure, including the medical conditions which are
generally recognized as being aggravated by exposure to
the toxic substance; and
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: 34-01/02
DATE: OS/20/02
CITY OF MIAMI BEACH
20
ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S
PROCUREMENT DIRECTOR, WHO SHALL FORWARD SAME TO
CONSULTANT.
17. Protested Solicitation Award:
Bidders that are not selected may protest any recommendation for Contract
award in accordance with City of Miami Beach Ordinance No. 2002-3344,
which establishes procedures for resulting protested bids and proposed
awards. Protest not timely pursuant to the requirements of Ordinance
No. 2002.3344 shall be barred.
18. Financial Stability and Strenath:
The bidder must be able to demonstrate a good record of performance and
have sufficient financial resources to ensure that they can satisfactorily
provide the goods and/or services required herein.
Bidders/Proposers shall submit financial statements for each of their last two
complete fiscal years within ten (10) calendar days, upon written request.
Such statements should include, as a minimum, balance sheets (statements
of financial position) and statements of profit and loss (statement of net
income). When the bid submittal is from a Joint Venture, each
Bidder/Proposer involved in the Joint Venture must submit financial
statements as indicated above.
Any Bidder/Proposer who, at the time of bid submission, is involved in an
ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or
dissolution proceeding, or if a trustee or receiver has been appointed over all
or a substantial portion of the property of the Bidder/Proposer under federal
bankruptcy law or any state insolvency, may be declared non-responsive.
BID NO: 34-01/02
DATE: OS/20/02
CITY OF MIAMI BEACH
21
00400. BIDfTENDER FORM:
Submitted:
(p \ \ 't> \02-
Date
City of Miami Beach, Florida
1700 Convention Center Drive
Miami Beach, Florida 33139
The undersigned, as Bidder, hereby declares that the only persons interested in this bid
as principal are named herein and that no person other than herein mentioned has any
interest in this bid or in the Contract to be entered into; that this bid is made without
connection with any other person, firm, or parties making a bid; and that it is. in all
respects, made fairly and in good faith without collusion or fraud.
The Bidder further declares that it has examined the site of the Work and informed itself
fully of all conditions pertaining to the place where the Work is to be done; that it has
examined the Contract Documents and all addenda thereto furnished before the
opening of the bids, as acknowledged below; and that it has satisfied itself about the
Work to be performed; and 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 furnish 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: 34-01/02
DATE: 0:;/20/02
CITY OF ML-\MI BEACH
22
Acknowledgment is hereby made of the following addenda (identified by number)
received since issuance of the Project Manual:
Nff\
Attached is a Bid Bond [ ], Cash [ ], Money Order f.xJ. Unconditional Letter of Credit [ ),
Treasurer's Check [ ], Bank Draft [ ], Cashier's Check [ ], or Certified Check [ ]
\1-'-5/ \ c--. (',
No. \1"'\L Bank of r \ :--::.lr Lc, "r'\..........." C ,~"-
the sum of ("; \.....P. -*\..c'.:>::::>c...,...6
(5 \CCC. CO ).
for
Dollars
The Bidder shall acknowledge this bid by signing and completing the spaces providea
below.
Name of Bidd~ o'I'-1,'S.yAC" Jl ~",' U ~ \ ~c.. .
City/State/Zip:
\Cq C.. n*~ ~t.
&-. C'~ 'h. 34.,I.cY
4cl - '1.:'::,. -q-\~'1
Telephone No.:
Social Security
No. or Federal
I.D.Ne.: 'SY. ::'1'-oc..~4.,j,
Dun and
Bradstreet No.:
(if applicable)
If a partnership, names and addresses of partners:
BID :'\10: 34-01/02
DA TE: OS/20/02
CITY OF MIA.'\II BEACH
23
(Sian below if not incorcorated)
WITNESSES:
(Sian below if incoroorated)
(CORPORATE SEAL)
(Type or Print Name of Bidder)
(Signature)
(Type or Print Name Signed Above)
(
l~"Z-A \0 Q Ie.... "Z.A L--<C-z..
(Type or Print Name Signed Above)
Incorporated under the laws of the State of: ~\rJ(": C f\
BID NO: 34-01/02
DATE: OS/20/02
CITY OF MIAMI BEACH
24
.. V:-.w..~.D"C_N7
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:
A City of Miami Beach Building Department Permit is required for construction of
this project. Only the City of Miami Beach Master Permit Fee is waived. Other
pemits necessary for this project include the DERM permit for Asbestos removal.
The prospective bidder (General Contractor) must have any/all licenses required
in order to pull all required permits. Additionally, this Project requires that a
permit be pulled for Electrical and Asbestos Abatement removal work.
Bidders shall either submit a copy of all required licenses with their bid, or within
five (5) calendar days after the bid opening.
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.
NOTE: a) If the contractor is a State of Florida Certified Contractor the
followina will be reauired:
1) Copy of State Contractors Certification
2) Place of Business Occupational License
3) Liability and Property Damage Insurance Certificate made to City
of Miami Beach
4) Workers compensation or the exemption
b) If a Dade County Licensed Contractor:
1) Dade Certificate of Competency in the Discipline Licensed
2) Municipal Contractors Occupational License
3) Liability and Property damage Insurance
4) Workers Compensation or the exemption
BID NO: 34-01/02
DATE: OS/20/02
CITY OF MIAMI BEACH
25
00407. SCHEDULE OF PRICES BID:
Consideration for Indemnification of CITY
$25.00
[ A ] Cost for compliance to all Federal and State requirements
of the Trench Safety Act.
[NOTE: If the brackets are checked or marked, the Bidder must fill out the
Trench Safety Act sheet, Page 38, Section 00540, to be considered
responsive.]
BID NO: 34-01102
DATE: OS/20/02
CITY OF MIAMI BEACH
26
00410. BID GUARANTY FORM
UNCONDITIONAL LETTER OF CREDIT:
Date of Issue
Issuing Bank's No.
Beneficiarv:
Applicant:
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: 34-01/02
DATE: OS/20/02
CITY OF MIAMI BEACH
27
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 drdwers, t:lllUOrSers, 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: 34-01/02
DATE: 05/20/02
CITY OF MIAMI BEACH
28
00500. SUPPLEMENT TO BIDfTENDER FORM:
THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE BID,
HOWEVER, ANY ADDmONAL INFORMATION NOT INCLUDED IN THE
SUBMITTED FORM AS DETERMINED IN THE SOLE DISCRETION OF
THE CITY; SI-!AII. BE SlJ8MITTEn wrn-llN SlEVEN m C!,U:;;;JA::\ 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/Certification/Registration # Years
Q~ -(Y')\'5~\~ -~\LC\"'G.G:.4\C1'\C.\'clI \ 'h
1A. What business are you in? c..o.-(~\-(".;.c\,c~ - ~QL.\'C.\'"l-""<:'\ ~Q'i.'(..-:::'~. .
2. What is the last project of this nature that you have completed?
\(""~A - e...,\)~ - 'N<.r<",,~d '-\ ~"C:....Q.. CQt-'\Q.~ .";L,.
3. Have you ever failed to complete any work awarded to you? If so, where and
why?
""
3A. Give owner names, addresses and telephone numbers, and surety and project
names, for all 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
r~tr:;.
BID NO: 34-01/02
DATE: OS/20/02
CITI' OF ML-"Ml BEACH
29
4.
Give names, addresses and telephone numbers of three individuals, corporations,
agencies, or institutions for which you have performed work:
6ro.,v"\:.oC::.;..l.\,,\ \"b ~~,~,~.
4.1. C,",',\d ~t"~ ~~. Cbc.on ~L '3<..'lz."2- 3'2.\ -~~ - 3ou>
(name) . '.. -e- (address)" (phone #) _
~~~~~._' ~~~::::~;~i\ ~'-~'~-Z~
(name) . (address)' (phone #)
I..UA\-\- b~~'1 \A.~-\dCe ~o. ~~ \0000 ~o, ~~'l.~ -2.'~~
\ .......J! ~~,.. ~\~=>\n5L375l'~
(address) (phone #)
4.2.
4.3.
(name)
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. )
6.
TOTAL DATE OF
NAME OF OWNER & CONTRACT COMPLETION
PROJECT PHONE # \. VALUE PER CONTRACT
I \,' r. '5<:.c~\ Clo,(XX).co C\\. \
~~''<.~\..I1'....\Q.( ~'ll~'b'57.n Co Ol,.
-' .Jt~:\~-do;<,'.c..'t 1:>~,cco~ "'/
"'"' ~"'" Cl..':'" ~ _ . \ _ '-"11...\ Z~ CYZ,
~\"" . \oocoCc. l&,1 .
~'c:,"'\o..<o '0\ o.-:r..c..'r. '/;....<::J 0"'"
0'- - flt.4: C? Q Q
(Continue list on insert sheet, if necessary.)
Has a representative of the Bidder completely inspected the proposed project and
does the Bidder have a complete plan for its performance?
''1 Q..-:>
%OF
COMPLETION
TO DATE
\00/0
':X>9o
ED 0/0
7.
Will you subcontract any part of this work? If so, give details including a list of
each subcontractor(s) that will perform work in excess of ten percent (10%) 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.
~ ~,,-,-\,,\,,'.co...\ ec....lrro..c.:\-o...:::. - E.h..<_\'",.cc.\ ~V-.. \ '2. ~o
o
?~.{Q..~ - ~~ CC,.....?>..... " \2. 7..e.
BID NO: 3.&-01/02
DATE: OS/20/02
CITY OF MIAMI BEACH
30
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.
e. Wi Ii:.lL ~4uipl11l:>ni do you own mat is Clvaiiable for the work'!
rorA t:"~ V'<L\-h" /::J
~-\'
\=t, ('L \ ~ ~-T
-
\'ZA\ ~~ e.~
9. What equipment will you purchase for the proposed work?
\(0,,", Q...
10. What equipment will you rent for the proposed work?
C.A\-Q:-~J2... ~~Q
~\"'-?'\\~ (' f>.cA.-.JA'f'c,'L
\ .I.b..cX " <" \ -\e-_ ~\\Q...('
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.
~.;-\"!..-\-~ - ~~<4:;\N~ - ;) '-1~"'" €N.j.r...'''~'~o.1
CO'''~A"l'.oW. 't>~<....... \ 3t- YQ..O..(''- ~ ~,-\: ~ Cc~\t-oc\'o-- ~A~unS>-I"C+~\.:l.
\1-0'~d- tt\~~...~. \..p.7.Att> ~;04'ZA~~ - ~~ C.a.1~Ac\-o--
\
'6 L\~= Q.J<.".~e.c:. A~~C.(,C>.A"e:.\.s.. ~~\r.;c..\',o-
BID NO: 34-01/02
DATE: OS/20/02
CITI' OF MIAMI BEACH
31
. 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 secretary. If a
partnership, state the nmnA<; (If ::l!l partners. !f a trade name, sidte ::i" i'ioi';'._<; of
the individuals who do business under the trade name).
12.1 The correct name of the Bidder is ~ A ~ ~AQtL ~~" ,(' {I"";::) \ t(Q.,.
12.2 The business is a (Sole Proprietorship) (Partnership) (Corporation).
C\i(~ (,AT\C>~
12.3 The address of principal place of business is
\0<:\ e.. \1~ S\-. S\. c.\D~ ~L.. ~""~'1
12.4 The names of the corporate officers, or partners, or individuals doing
business under a trade name, are as follows:
bp\\I'~ t\\..i.\-'O\-\Ac.c...\ ~ -=?~"7';.\Ct'lo(T
.....A'Z.f\ ~ C1~ z..A L ~-z....
.-..{ \c.....lL V~<;C'''''V~I..{\
C'.A\\I.\ k-~ \\SU~~u;e.('"
C'-e....\ .).,lr{":::1> N. - --=?A\~~,.lll..('
D.~~J2. A", 'rC"'-i~c..c.. \ - ~Q.C; ('12.. -It F' '''I
12.5 List all organizations which were predecessors to Bidder or in which the
principals or officers of the Bidder were principals or officers.
~A
BID NO: 34-01/02 CITY OF MIAMI BEACH
DATE: OS/20/02 32
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.
~\~
,
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).
~IA
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.
"IA
BID NO: 3-1-01/02
DA TE: 05120/02
CITY OF ML",I BEACH
33
12.9. List and describe all criminal proceedings or hearings concerning
business related offenses in which the Bidder. its principals or officers or
predecessor organization(s) were defendants.
\JIA
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.
~C
12.11. Under what conditions does the Bidder request Change Orders.
\)"&il.;-~~';'~d S:t...... C'~~l ~,~- ..:x~-.;;.l.!.JU.i>
~~(..., \:(' n.-\.;",....... Ct-"'':)''''''
BID NO: 34-01/02
DATE: OS/20/02
CITY OF MIAMI BEACH
34
00520.
SUPPLEMENT TO BIDfTENDER FORM
NON-COLLUSION CERTIFICATE
THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO
BE DEEMED RESPONSIBLE.
Submitted this \~ day of ,)ON,Q....
.2002.
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 Df establishing a formal contractual relationship between the
Bidder and the City of Miami Beach, Florida, for the performance of all requirements to
which the Bid pertains. -
The Bidder states th t this B' is based ufon the documents identified by the following
number: Bid No.1:'T - .0 -Z,(;(::i~/Rr-r,
SIGN E
LA"ZA eo G\b~A.l.<e"t..
PRINTED NAME
\( \ c...:::\>r Q... ":::H & N -\
TITLE (IF CORPORATION)
BID NO: 34-01102
DA TE: 05120/02
CITY OF MIAMI BEACH
35
00530. SUPPLEMENT TO BIDfTENDER 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: 34-01/02
DATE: OS/20/02
CITY OF MIAMI BEACH
36
(6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a
conviction. taking one of the following actions with respect to an employee who is
convicted of a drug abuse violation occurring in the workplace:
(i) Taking appropriate personnel action against such employee, up to and
includinl) terminAtion; or "
(ii) Requiring such employee to participate satisfactorily in a drug abuse assistance
or rehabilitation program approved for such purposes by a federal. s,tate, or
local health, law enforcement, or other appropriate agency; and
STATE OF F1cTi~
COUNTY OF ~LJ-h
/
A:' t...--'
(Bidder gnature)
?\A~~Q SN\GQ~l\Ne,
(Print ndor Name)
through
(7) Making a good faith effort to maintain a drug-free
implementation of subparagraphs(1) through (6).
Je foregoing instrument was acknowledged before me this /7PJ day of
'/J1LJ ,2G:72, by lo~ r7J 6-cr/7iZUe-zz as
1 /./ L) I}M..... "A~ M..t.. (name of per n whose ignatur~ is being notarized)
vlu: -rA ,=>,u'C/LA... (title) of . c; ~ !(lC.
=- ~ (n e of corporation/company
own to me the person described herein, or who produced
i . L; lon, and who did/did not take an oath.
as
NOTARY PUBLIC:
~~ ^
M ~
ignat
~(~e/1 /{s-lCdCII
(Print Name)'
J":. ~ CoIeen VyskocI
~_*My eom..w.... CC828882
~:,f EllpnaAptl14. 2003
My commission expires: tj-I'f--tJ3
BID NO: 34-01102 CITY OF MIAMI BEACH
DATE: 0:;120102 37
00540. SUPPLEMENT TO BIDfTENDER FORM
TRENCH SAFETY ACT
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
Unit
Quantity
Price
Unit
Price
Extended
Method
~o \t""Q."'c..\-. E..)C.CA-lA,..o...1 ,to( ~c..A.~~ or; '5 F(4..T bcr.Q.~
\..\)\\\ ~ T"'.lU\dY'L6) ~r ~\=> ?'byc:\.
Total $ '" J ~
BID NO: 34-01/02
DATE: 05/20/02
CITY OF MIAMI BEACH
38
IN ORDER TO BE CONSIDERED RESPONSIVE. THE BIDDER MUST COMPLETE*
THIS FORM. SIGN AND SUBMIT IT WITH ITS BID DOCUMENT.
*COMPLETION REQUIRES FILLING IN THE APPROPRI TE DETAILS UNDER THE
HEADINGS. i.e.. DESCRIPTION. UNIT. QUANTITY PRICE. UNIT PRICE.
EXTENDED. AND METHOD.
BID NO: 34-01/02
DATE: OS/20/02
CITY OF MIAMI BEACH
39
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 aiso requests information regarding any known or
potential material content in the product that may be extracted and recycled after the
product has served its intended purpose.
BID NO: 34-01/02
DATE: 05120/02
CITY OF MIAMI BEACH
40
00600. CONTRACT
CONTRACT
THIS IS A CONTRACT, by and between the City of Miami Beach, a political
subdivision of the State of Florida, hereinafter referred to as CITY, and PLAY SPACE
SERVICES. INC.. hereinafter referred to as CONTRACTOR.
WIT N E SSE T H, that CONTRACTOR and CITY, for the considerations
hereinafter named, agree as follows:
ARTICLE 1
SCOP~ 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 TIMt=
2.1 CONTRACTOR shall be instructed to commence the Work by written instructions
in the form of a Standing Order issued by the City's Procurement Director and a
Notice to Proceed issued by the Contract Administrator. Two (2) Notices to
Proceed will be issued for this Contract. CONTRACTOR shall commence
scheduling activities, permit applications and other preconstruction work within
five (5) calendar days after the Project Initiation Date, which shall be the same as
the date of the first Notice to Proceed. The first Notice to Proceed and Purchase
Order will not be issued until CONTRACTOR's submission to CITY of all required
documents(including but limited to: Payment and Performance Bonds, and
Insurance Certificate) and after execution of the Contract by both parties.
2.1.1. The receipt of all necessary permits by CONTRACTOR and acceptance
of the full progress schedule in accordance with technical specifications
section, submittal schedule and schedule of values is a condition
precedent to the issuance of a second Notice to Proceed to mobilize on
the Project site and commence with physical construction of the work.
The CONTRACTOR shall submit all necessary documents required by
this provision within fifteen (15) calendar days of the issuance of the first
Notice to Proceed.
BID NO: 34-01102 CITY OF MIAMI BEACH
DATE: 05120/02 41
2.2 Time is of the essence throughout this Contract. The Work shall be substantially
completed within One-Hundred Twenty (120) calendar days from the issuance
of the second Notice to Proceed, and completed and ready for final payment in
accordance with Article 5 within thirty (30) calendar days from the date certified
by CONSULTANT as the date of Substantial Completion.
2.3 Upon failure of CONTRACTOR to substantially complete the Contract within the
specified period of time, plus approved time extensions, CONTRACTOR shall
pay to CITY the sum of Two-Hundred Dollars ($200.00) for each calendar day
after the time specified in Section 2.2 above, plus any approved time extensions,
for Substantial Completion. After Substantial Completion should CONTRACTOR
fail to complete the 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 Two-Hundred Dollars
($200.00) for each calendar day after the time specified in Section 2.2 above,
plus any approved extensions, for completion and readiness for final payment.
These amounts are not penalties but are liquidated damages to CITY for its
inability to obtain full beneficial occupancy and/or use of the Project. Liquidated
damages are hereby fixed and agreed upon between the parties, recognizing the
impossibility of precisely ascertaining the amount of damages that will be
sustained by CITY as a consequence of such delay, and both parties desiring to
obviate any question of dispute concerning the amount of said damages and the
cost and effect of the failure of CONTRACTOR to complete the Contract on time.
The above-stated liquidated damages shall apply separately to each portion of
the Project for which a time for completion is given.
2.4 CITY is authorized to deduct liquidated damages from monies due to
CONTRACTOR for the Work under this Contract or as much thereof as CITY
may, in its sole discretion, deem just and reasonable.
2.5 CONTRACTOR shall be responsible for reimbursing CITY, in addition to
liquidated damages, for all costs incurred by CONSULTANT in administering the
construction of the Project beyond the completion date specified above, plus
approved time extensions. CONSULTANT construction administration costs
shall be pursuant to the contract between CITY and CONSULTANT, a copy of
which is available upon request of the Contract Administrator. All such costs
shall be deducted from the monies due CONTRACTOR for performance of Work
under this Contract by means of unilateral credit change orders issued by CITY
as costs are incurred by CONSULTANT and agreed to by CITY.
BID NO: 34-01102
DATE: OS/20/02
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 compieted 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: 34-01/02
DATE: OS/20/02
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 \..lerCellt (iO%) of all monies earned by CONTRACTOR shail 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: 34-01/02
DATE: OS/20/02
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 govem this Project.
BID NO: 34-01/02
DATE: OS/20/02
CITY OF MIAMI BEACH
45
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
J..I<-iiSOIl or affiliate who is a contractor, consultant or other provider, who has been
placed on the convicted vendor list following a conviction for a public entity crime
may not submit a bid on a contract to provide any goods or services to the CITY,
may not submit a bid on a contract with the CITY for the construction or repair of
a public building or public work, may not submit bids on leases of real property to
the CITY, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with the CITY, and may not
transact any business with the CITY in excess of the threshold amount provided
in Section 287.017, Florida Statutes, for category two purchases for a period of
36 months from the date of being placed on the convicted vendor list. Violation
of this section by Contractor shall result in cancellation of the CITY purchase and
may result in Contractor debarment.
6.4 Independent Contractor
CONTRACTOR is an independent contractor under this Contract. Services
provided by CONTRACTOR pursuant to this Contract shall be subject to the
supervision of CONTRACTOR. In providing such services, neither
CONTRACTOR nor its agents shall act as officers, employees, or agents of the
CITY. This Contract shall not constitute or make the parties a partnership or joint
venture.
6.5 Third 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, return receipt
requested, or by hand-delivery with a request for a written receipt of
acknowledgment of delivery, addressed to the party for whom it is intended at the
place last specified. The place for giving notice shall remain the same as set
BID NO: 34-01/02
DATE: OS/20/02
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:
Procurement Division
1700 Convention Center Drive
Miami Beach. Florida 33139
AUn: Gus LODez. Procurement Director
With copies to:
City Attomey
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
For Contractor:
Mr. Lazaro Gonzalez. Vice President
Play Space Services, Inc.
109 E. 17th Street
St. Cloud. Florida 34769
6.7 Assianment and Performance
Neither this Contract nor any interest herein shall be assigned, transferred. or
encumbered by either party. In addition, CONTRACTOR shall not subcontract
any portion of the work required by this Contract except as authorized by Section
27 of the General Conditions. CONTRACTOR represents that all persons
delivering the services required by this Contract have the knowledge and skills,
either by training, experience. education, or a combination thereof, to adequately
and competently perform the duties, obligations, and services set forth in the
Scope of Work and to provide and perform such services to CITY's satisfaction
for the agreed compensation.
CONTRACTOR shall perform its duties. obligations, and services under this
Contract in a skillful and respectable manner. The quality of CONTRACTOR's
performance and all interim and final product(s) provided to or on behalf of CITY
shall be comparable to the best local and national standards.
BID NO: 34-01/02
DATE: 05120102
CITY OF MIAMI BEACH
47
6.8 Materiality and Waiver of Breach
CITY and CONTRACTOR agree that each requirement, duty, and obligation set
forth in these Contract Documents is substantial and important to the formation of
this Contract and, therefore, is a material term hereof.
CITY's failure to enforce any provision of this Contract shall not be deemed a
waiver of such provision or modification of this Contract. A waiver of any breach
of a provision of this Contract shall not be deemed a waiver of any subsequent
breach and shall not be construed to be a modification of the terms of this
Contract.
6.9 Severance
In the event a portion of this Contract is found by a court of competent jurisdiction
to be invalid, the remaining provisions shall continue to be effective unless CITY
or CONTRACTOR elects to terminate this Contract. An election to terminate this
Contract based upon this provision shall be made within seven (7) days after the
finding by the court becomes final.
6.10 Applicable Law and Venue
This Contract shall be enforceable in Miami-Dade County, Florida, and if legal
action is necessary by either party with respect to the enforcement of any or all of
the terms or conditions herein exclusive venue for the enforcement of same shall
lie in Miami-Dade County, Florida. By entering into this Contract,
CONTRACTOR and CITY hereby expressly waive any rights either party
may have to a trial by jury of any civil litigation related to, or arising out of
the Project. CONTRACTOR, shall specifically bind all subcontractors to the
provisions of this Contract.
6.11 Amendments
No modification, amendment, or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document prepared with
the same or similar formality as this Contract and executed by the Board and
CONTRACTOR.
6.12 Prior 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 concerning the subject matter of this Contract that
are not contained in this document. Accordingly, the parties agree that no
deviation from the terms hereof shall be predicated upon any prior
BID NO: 34-01102
DATE: 05/20/02
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.
ATTEST:
~ t )'{fJ2L.;,L
City Clerk ~ ~
MIAMI BEACH
CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE
CORPORATION OR NONCORPORATION FORMAT, AS APPLICABLE.
[If incorporated sign below.]
ture)
~"~D ~~\ :+>~Q~+
(Print Name and Title)
6lo dayof ,20~
(Corporate Seal)
[If not incorporated sign below.]
CONTRACTOR
WITNESSES:
(Name of Firm)
(Signature)
By:
(Print Name and Title)
_ day of
,20_.
CITY REQUIRES FIVE (5) FULLY-EXECUTED CONTRACTS, FOR DISTRIBUTION.
APPROYEDASTO
BID NO: 34-01102 CITY OF MIAMI BEACH FOAM & LANGUAGE
DATE: OS/20/02 49 Ii FOR EXECUTION
:P-7~a ~
.-
&. ACORD
:"',;-v,;,:-:-:'#~~:-;':<<'~:~'Il~*;;;
-'.
DAofl05iQ2
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY.AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
~AM' EVANSTON INSURANCE COMPANY
coa.;AM' PROGRESSIVE EXPRESS INSURANCE CO
OONI'AM'
C
JACK FIELDS AGENCY
324 WEST OAK STREET
KISSIMMEE, FLORIDA 34741
-
PLAY SPACE SERVICES INC .'
109 E. 17TH STREET
ST. CLOUD~FlORIDA 34769
. ' .
.... ". ..,.': .~... _ .,.-,.,--;.,:__.. J.. ,; :,.;:: .'.':,. .' 'N., _'.". .. ...... . .'.', ' ,.. .<: '. ~~. .;t:.: ^ . : ;0.:... . . . .... . .... Y\.:w' -., ,,;.. ,:.'"'\''' :-:~..
THIS 18 TO CERTIFY THAT TtlE POliCIES OF INSURANCE LISTED BeLOW HAVE BEEN ISSUED TO THE INSUREO NAMED ABOVE FOR TtlE POLICY PERIOD ...
INDICATED. NO'lWITHSTANDING ANY FlEQIMEMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TtlIS
CEATlFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 18 SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDmoNS OF SUCH POLICIES. UMITS SHOWN MAY HAVE BEEN REDUCEO BY PAID CLAIMS.
co
u"
typ! OF IN8UIWlCE
POUCYNUIlBER
I'OUCY EfP!C11YI! POlICY_l1OlI
DAn: IIIMJDOr/'/1 DAn: (IIIIIIllO/'l\'
U111r.
CLS090200082
01/27/0
01/27/0
CA04764377
10/22/01
CCIIoIEINED lHJLE UMIT 11.000,000
IlCIlLY IN.l.IRY .1 .
....~
10/22/02
IIOCII. v INJURY .
.... .........,
PRCPER1Y IlAMABE 1
-=-LWIW1Y
~FORM
01HER 'lIWI UMlFIELLA FORM
-----
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AIJTO ONlY . Ell ACCIDENT .
OneR 'lIWI Aultl ONLY:
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t!ACHo:x:I'I'lle'CE .
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QII'IC8W ME: Ella.
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~:~~d~ii~1'~:~;:d~respect to liability arising out of operations performed for the city
or on behalf of contractor or acts or omissions of contractor in connection with general supervision of
such operations. .
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE
MIAMI BEACH. FLORIDA 33139
~..
Certificate of Insurance
ThIs ClrttlCll8ls IlSIIeeI au ma:l8r <:I nfumallm only a'ld lXJ1rn no r;gllS uper )W tie eer1lftcale ,dder. This ClIlr1lllcale is ,ot., insurance ~dlc:y
and doa not am..d ...,d, oral.:he alVlIr"9" atrorded~y Ihe poiId_lisled tlllow
Named InluNCI(I):
Coverag..:
0-...----
l..ulW Affording CovtraSll
Ccr1lnen1li c...alty Ccn:Pa'lY
301 BtlJleverd West. S~I1e 202
radenton, "1ortda 34205
Tne ~Ie)(IMj oIlnsura:1ce IIr.eel talow nave been ISSl.IeellD 1M Insured nmred above for Ite policy period Inclca:eel. The insurance
a'forded by 'J1. poll~es) desaibec nerein is subject to aJllhe tem1a, exclusions and co,cttio,s of!lUcI1 ~~iesj.
Type of InlUnlnCI
Certlll_ Exp. c_
O ClC7\,,",Ol;S
CI !XT!Ml!O
.1 ~C1.CV"ri"M
Polley Number
Llmltl
Work.....
Compenlatlon
1-1-20D3
we 189185185
we 189115182
we 247848874
we 247848888
Eacn ".cadent
Bcxlly Inj"ryBy Disease
$1000,000
1>ClicyLkllit
Other :
Bcxlly Inj~ry ey Disease
S1.00c,ooa
Eac'1 .~.S<r
EmploY'" L.lec:I To:
104S1..187 I.ace I.CTLcaa %:c
Effective Date: 01-JU-2D02
Thelbove rererlmced wo."ktn' alrrpersaton ooiC'f provides s1atukTl tenetlls CI1ly to em ) ~.ees of'l1e 'IIaned ',sured(s) al 'I1e OOic! '0: :c elrJ:loyees
~ any a.... nploytlr.
"If III. certl1Icate IllCPlration da:e is oontinucus cr exlerded tem1, ycu wil be notifillc f. coverage is lenri'12ted cr reciJced befcrelhe .
certIl'Ica1e 8lq:lraton da:e. However. you \\oill not ~e no:trled a,nuaJly of 1M conUr ua;lo'1 a' a:verage.
NotIc. of Canc.natlon: ('\lot apollcal:l. unless a ,umber of days ere entered belowj
641tore !tleltaled expil'llllon catll"e ocmpany win not cancel or recuce 1M insurance a1l'orceel uno,Jr Ite allOlle poliC)'(j&S. ur" at least 30
caye notice of such cancellB1lon has been mEiled to:
CriflcMe Holder
cnv OF MIAMI BEACH
1700 CONVENTION CENlER DRIVE
Miami BelCh. FL 33139
4?~
Davlll Geffner
Alltharlud RepreMlltlltlve
SlLca.ia. va (1l66l44s.8489 08-J'JL-2002
OtIlca Phcne :Jal8ls..,H
.~/ 1"~I.;t'~.~/~;;~) .:.
00708. FORM CERTIFICATE OF INSURANCE
A form Certificate of Insurance will be attached here.
BID NO: 34-01/02
DATE: OS/20/02
CITY OF MIAMI BEACH
50
00710. FORM OF PERFORMANCE BOND
Bond No. MB4533
BY THIS BOND, We
Play Space Services, Inc.
, as
Principal, hereinafter called CONTRACTOR. and
Contractors Bonding and Insurance Company, <:is Surety, are bound to the City or Miami
Thr Biaach, d ESlorida as Oblil:tee, H hereinafter called CITY, In the amount of
ee Hundte lXty Une Thousan<nilX undred
Fifty and 87/100----------------- Dollars ($ 361 65087 ) 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.: 34-00/01 awarded the 17th day of
July , 20~, with CITY which Contract Documents are by reference
incorporated herein and made a part hereof, and specifically include provision for
liquidated damages, ane other damages identified, and for the purposes or this Sond
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 Open Space Park - Phase II I 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: 34-01102
DATE: OS/20/02
CITY OF :\IflA:\IlI BEACH
51
FORM OF PERFORMANCE BOND
(Continued)
3. Performs the guarantee of all work and materials furnished under the Contract for
the time specified in the Con:ract; then THIS BOND IS VOID, OTHERWISE IT
REMAINS iN r=UU_ j-CRCE ,...,i~U ~FFE:.CT.
Whenever CONTRACTOR shall be, and declared by CITY to be, in default under
the Contract, CITY having performed CITY obligations thereunder. the Surety
may promptly remedy the default, or shall promptly:
3.1. Complete the Projec~ 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, anc make available as work progresses (even though there
should be a default or a succession of defaults under the Comrac: 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, incluCing other costs and damages for which the Surety
may be liable hereunder, the amount set forth in the firs! paragraph
hereof. The term "balance of the Contract Price," as used in this
paragraph, shall mean the total amount payable by CITY to
CONTRACTOR under the Contract and any amendments thereto, less
the amount properly paid by CITY to CONTRACTOR.
No right of action shall accrue on this bond to or for the use of any person or
corporation other than CITY named herein.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities
connected with the Contract or the changes does not affect Surety's obligation
under this Bond.
Signed and sealed this 26th day of
Julv
,20...ll-.
BID NO: 34-01102
DATE: OS/20/02
CITY OF :o.tlAMI BEACH
52
FORM OF PERFORMANCE BOND
(Continued)
WIT~ -k?
:=:> Secretary ~
Services, Inc.
of Corporation)
(CORPORATE SEAL)
';l~+
IN THE PRESENCE OF:
INSURANCE COMPANY: Contractors Bonding
and Insurance Company
9\~~~~-+-
f~~~
By:
nd Attorney-in-Fact
John P. Fallace
Address: 1900 S. Hickory Street Suite B
(Street)
Melbourne, FL 32901
(City/State/Zip Code)
Telephone No.: (321)951-3200
BID NO: 34-01/02
DATE: 05120/02
CITY OF MIAMI BEACH
53
00720. FORM OF PAYMENT BOND
Bond No. MB4533
BY THIS BOND, We
Play Space Services, Inc.
, as
Principal. hereinafter called CONTRACTOR, and
Contractors Bonding and Insurance Company , as Surety, are bound to the City of Miami
ThrBeach~_ Floritydao as. Obliaee, _hereinafter called CITY, in the amount of
ee Hunwed Six ne Tnousantl :SIX HUndred
Fifty and 87/100----------------- Dollars ($ 361,65087 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.: 34-00/01 awarded the 17th day of
July , 20~, with CITY which Contract Documents are :y reference
incorporated herein anc mace a part hereof, and specifically include provision for
liquidated damages, anc other damages identified, and for the purposes d this Bond
are hereafter referred to as the "Contract";
THE CONDITION OF ThiS SOND is that if CONTRACTOR:
1. Pays CITY all losses. liquidated damages, expenses, costs and attomey'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 fumish 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: 34-01/02 CITY OF MIAMI BEACH
DATE: OS/20/02 54
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 afb ...Cf[UIT'.;....L...-.: uf H-Il:: iabor or after ~ullll-libLe :.;;;ii~iY 0; Lile
materials cr supplies, deliver to CONTRACTOR ana to the Surety,
written notice of the performance of the labor or delivery of ,he materials
or supplies and of the nonpayment.
2.3. No action fcr ,he labor, materials, or supplies may be insrin,;ted a<;ainst
CONTRACTOR or the Surety unless the notices sratec under the
preceding c:ncitions (2.1) and (2.2) have been given.
2.4. Any action under this Bond must be instituted in acc:rcar.ce wim the
Notice and Time Limitations provisions prescribed in Secricr. 255.'J5(2),
Florida Stan.;tes.
The Surety hereby ',vaives notice of and agrees that any changes in :r uncer the
Contract Documents and compliance or noncomoliance with an'! rormaiities
. .
connected with the Contract or the changes does not arrear :ne Surety's
obligation under this 3ond.
Signed and sealed this 26th day of
July
. 1012L-.
CONTRACTOR
Inc.
orporation.:
Y.
. .
(Corporate Seal)
nature)
b,,~'\'C ~\~~\
(Print Name and Title)
26th day of July
.20~.
BID NO: 34-01/0Z
DATE: OS/Z0/02
CITY OF MIAMI BEACH
55
IN THE PRESENCE OF:
~\'~~~~
F~2::?7
BID NO: 3~l/02
DATE: OS/20/02
INSURANCE COMPANY: Contractors Bonding
and Insurance Company
By:
and Attorney-in-Fact
John P. Fallace
Address; 1900 S. Hickory Street SUite B
(Street)
Melbourne, FL 32901
(City/State/Zip Coce)
Telephone No.: (321)951-3200
CITY OF MIAMI BEACH
56
00710. FORM OF PERFORMANCE BOND
BY THIS BOND, We
, as
Principal,
hereinafter
called
CONTRACTOR,
and
as Surety, are bound to the City of Miami
Beach, Florida, as Obligee, hereinafter called CITY, in the amount of
Dollars ($
) for the payment whereof
CONTRACTOR and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally.
WHEREAS, CONTRACTOR has by written agreement entered into a Contract,
Bid/Contract No.: awarded the day of
,20_, with CITY which Contract Documents are by reference
incorporated herein and made a part hereof, and specifically include provision for
liquidated damages, and other damages identified, and for the purposes of this Bond
are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if CONTRACTOR:
1. Performs the Contract between CONTRACTOR and CITY for construction of
, the Contract being
made a part of this Bond by reference, at the times and in the manner prescribed
in the Contract; and
2. Pays CITY all losses, liquidated damages, expenses, costs and attorney's fees
including appellate proceedings, that CITY sustains as a result of default by
CONTRACTOR under the Contract; and
BID NO: 34-01102
DATE: OS/20/02
CITY OF MIAMI BEACH
51
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.
Whenever CONTRACTOR shall be, and declared by CITY to be, in default under
the Contract, CITY having performed CITY obligations thereunder, the Surety
may promptly remedy the default, or shall promptly:
3.1. Complete the Project in accordance with the terms and conditions of the
Contract Documents; or
3.2. Obtain a bid or bids for completing the Project in accordance with the
terms and conditions of the Contract Documents, and upon
determination by Surety of the lowest responsible Bidder, or, if CITY
elects, upon determination by CITY and Surety jointly of the lowest
responsible Bidder, arrange for a contract between such Bidder and
CITY, and make available as work progresses (even though there
should be a default or a succession of defaults under the Contract or
Contracts of completion arranged under this paragraph) sufficient funds
to pay the cost of completion less the balance of the Contract Price; but
not exceeding, including other costs and damages for which the Surety
may be liable hereunder, the amount set forth in the first paragraph
hereof. The term "balance of the Contract Price," as used in this
paragraph, shall mean the total amount payable by CITY to
CONTRACTOR under the Contract and any amendments thereto, less
the amount properly paid by CITY to CONTRACTOR.
No right of action shall accrue on this bond to or for the use of any person or
corporation other than CITY named herein.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities
connected with the Contract or the changes does not affect Surety's obligation
under this Bond.
Signed and sealed this
day of
,20
BID NO: 34-01102
DATE: OS/20/02
CITY OF MIAMI BEACH
52
FORM OF PERFORMANCE BOND
(Continued)
WITNESSES:
(Name of Corporation)
Secretary
By:
(Signature)
(CORPORATE SEAL)
(Print Name and Title)
IN THE PRESENCE OF:
INSURANCE COMPANY:
By:
Agent and Attorney-in-Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
BID NO: 34-01/02
DATE: OS/20/02
CITY OF MIAMI BEACH
53
00720. FORM OF PAYMENT BOND
BY THIS BOND, We
, as
Principal, hereinafter called CONTRACTOR, and
, as Suretx., are bound to the City of Miami
Beach, Florida, as Obligee, hereinafter called CITY, in the amount of
Dollars ($ ) for the payment
whereof CONTRACTOR and Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally.
WHEREAS, CONTRACTOR has by written agreement entered into a Contract,
Bid/Contract No.: awarded the day of
,20_, with CITY which Contract Documents are by reference
incorporated herein and made a part hereof, and specifically include provision for
liquidated damages, and other damages identified, and for the purposes of this Bond
are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if CONTRACTOR:
1. Pays CITY all losses, liquidated damages, expenses, costs and attomey'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 fumish labor,
materials, or supplies for the prosecution of the work, fumish to
CONTRACTOR a notice that he intends to look to the bond for
protection.
BID NO: 34-01/02 CITY OF MIAMI BEACH
DATE: OS/20/02 54
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 perl'ormance of the labor or after complete delivery of the
materials or supplies, deliver to CONTRACTOR and to the Surety,
written notice of the perl'ormance 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
day of
,20_.
CONTRACTOR
ATTEST:
(Name of Corporation)
By:
(Signature)
(Secretary)
(Print Name and Title)
(Corporate Seal)
_ day of
,20_.
BID NO: 34-01/02
DATE: OS/20/02
CITY OF MIAMI BEACH
55
IN THE PRESENCE OF:
BID NO: 34-01/02
DATE: 05120/02
INSURANCE COMPANY:
By:
Agent and Attorney-in-Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
CITY OF MIAMI BEACH
56
00721. CERTIFICATE AS TO CORPORATE PRINCIPAL
I, , certify that I am the
Secretary of the corporation named as Principal in the foregoing Performance and
Payment Bond (Performanctl Bond and Payment Bond); that
, who signed the Bond(s) on behalf of the Principal, was
then of said corporation; that I know his/her signature; and his/her
signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and
attested to on behalf of said corporation by authority of its governing body.
(SEAL)
Secretary (on behalf of)
Corporation
STATE OF FLORIDA
SS
COUNTY OF MIAMI-DADE
Before me, a Notary Public duly commissioned, qualified and acting personally,
appeared to me well known, who
being by me first duly sworn upon oath says that he/she has been authorized to execute
the foregoing Performance and Payment Bond (Performance Bond and Payment Bond)
on behalf of CONTRACTOR named therein in favor of CITY.
Subscribed and Sworn to before me this
,20_.
day of
My commission expires:
Notary Public, State of
Bonded
by
BID NO: 34-01/02
DATE: OS/20/02
CITY OF MIAMI BEACH
57
00735. PERFORMANCE AND PAYMENT 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
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: 34-01/02
DATE: OS/20/02
CITY OF MIAMI BEACH
58
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: 34-01/02
DATE: OS/20/02
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 governing
construction of the Project. Any work, materials or equipment that may
reasonably be inferred from the Contract Documents as being required to
produce the intended result shall be supplied by CONTRACTOR whether or not
specifically called for. When words which have a well-known technical or trade
meaning are used to describe work, materials or equipment, such words shall be
interpreted in accordance with that meaning. Reference to standard
specifications, manuals, or codes of any technical society, organization or
association, or to the laws or regulations of any governmental authority, whether
such reference be specific or by implication, shall mean the latest standard
specification, manual, code or laws or regulations in effect at the time of opening
of bids and CONTRACTOR shall comply therewith. CITY shall have no duties
other than those duties and obligations expressly set forth within the Contract
Documents.
BID NO: 34-01102
DATE: OS/20/02
CITY OF MIAMI BEACH
60
3. Preliminary Matters:
3.1. Within five (5) calendar days prior to the pre-construction meeting
described in Section 3.2, CONTRACTOR shall submit to CONSULTANT
for CONSULTANT's review and acceptance:
3.1.1. A progres::; sChedule in the indicated form:
[ ] Bar Chart
[ ] Modified CPM
[ ] CPM
[ X] Computerized CPM
(CPM shall be interpreted to be generally as outlined in the
Association of General Contractors (AGC) publication, "The Use of
CPM in Construction.")
The progress schedule shall indicate the start and completion dates
of the various stages of the Work and shall show an activity
network for the planning and execution of the Work. Included with
the progress schedule shall be a narrative description of the
progress schedule. The progress schedule must be updated
monthly by CONTRACTOR, submitted as part of each Application
for Payment and shall be acceptable to CONSULTANT.
3.1.2. A preliminary schedule of Shop Drawing submissions; and
3.1.3. In a lump sum contract or in a contract which includes lump sum
bid items of Work, a preliminary schedule of values for all of the
Work which will include quantities and prices of items aggregating
the Contract Price and will subdivide the Work into component
parts in sufficient detail to serve as the basis for progress payments
during construction. Such prices will include an appropriate amount
of overhead and profit applicable to each item of work which will be
confirmed in writing by CONTRACTOR at the time of submission.
[ ] Such prices shall be broken down to show labor, equipment, materials
and overhead and profit.
3.1.4. After award but prior to the submission of the progress schedule,
CONSULTANT, Contract Administrator and CONTRACTOR shall
meet with all utility owners and secure from them a schedule of
BID NO: 34-01/02
DATE: OS/20/02
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 othtWS 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 Payment Bond:
Within fifteen (15) calendar days of being notified of the award, CONTRACTOR
shall furnish a Performance Bond and a Payment Bond containing all the
provisions of the Performance Bond and Payment Bond attached hereto as
forms 00710 and 00720.
BID NO: 34-01/02
DATE: OS/20/02
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 Security:
In lieu of a Performance Bond and a Payment Bond, CONTRACTOR may
furnish alternate forms of security which may be in the form of cash,
money order, certified check, cashier's check or unconditional letter of
credit in the form attached hereto as Form 00735. Such alternate forms of
security shall be subject to the prior approval of CITY and for same
purpose and shall be subject to the same conditions as those applicable
above and shall be held by CITY for one year after completion and
acceptance of the Work.
5. Qualification of Surety:
5.1. Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred
Thousand Dollars ($500,000.00):
5.1.1. Each bond must be executed by a surety company of recognized
standing, authorized to do business in the State of Florida as
surety, having a resident agent in the State of Florida and having
been in 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: 34-01102
DATE: OS/20/02
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 (:i\;(;\;;ptabll:l 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: 34-01102
DATE: OS/20/02
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: 34-01102 CITY OF MIAMI BEACH
DATE: 05120/02 65
7.1.1.1. Employers' Liability with a limit of One Million Dollars
($1,000,000.00) Dollars ($) each accident.
7.1.1.2. If any operations are to be undertaken on or about
navigable waters, coverage must be included for the U.S.
Longshoremen & Harbor Workers Act and Jones Act.
7.1.2. Comprehensive General Liability with minimum limits of One
Million Dollars ($1,000,000.00) per occurrence, combined single
limit for Bodily Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more restrictive than the
latest edition of the Comprehensive General Liability policy, without
restrictive endorsements, as filed by the Insurance Services Office,
and must include:
[ X] 7.1.2.1. Premises and/or Operations.
[ 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: 34-01/02 CITY OF MIAMI BEACH
DATE: OS/20/02 66
7.1.3. Business Automobile Liability with minimum limits of One Million
Dollars ($1,000,000.00) per occurrence, combined single limit for
Bodily Injury Liability and Property Damage Liability. Coverage
must be afforded on a form no more restrictive than the latest
edition of the Business Automobile Liability policy, without
restrictive endorsements, as fiied by the Insurance Services Office,
and must include:
7.1.3.1.
Owned Vehicles.
7.1.3.2.
Hired and Non-Owned Vehicles.
7.1.3.3.
Employers' Non-Ownership. (Not Applicable to this bid)
[ ] 7.1.4. Builder's Risk insurance for the construction of and/or addition to
aboveground buildings or structures is/is not required. The
coverage shall be "All Risk" coverage for 100 percent of the
completed value, covering CITY as a named insured, with a
deductible of not more than Five Thousand Dollars ($5,000.00)
each claim.
7.1.4.1. Waiver of Occupancy Clause or Warranty--Policy must
be specifically endorsed to eliminate any "Occupancy
Clause" 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.
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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.
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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 Impact Fees:
11.1. Except as otherwise provided within the Supplemental Conditions, all
permits and licenses required by federal, state or local laws, rules and
regulations necessary for the prosecution of the Work undertaken by
CONTRACTOR pursuant to this Contract shall be secured and paid for by
CONTRACTOR. It is CONTRACTOR's responsibility to have and maintain
appropriate Certificate(s) of Competency, valid for the Work to be
performed and valid for the jurisdiction in which the Work is to be
performed for all persons working on the Project for whom a Certificate of
Competency is required.
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.
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12. Resolution of Disputes:
12.1 To prevent all disputes and litigation, it is agreed by the parties hereto that
CONSULTANT shall decide all questions, claims, difficulties and disputes
of whatever nature which may arise relative to the technical interpretation
uf ihu Contract Documents and ruitiliment 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 CONSUL T ANT's decision within twenty-one (21) calendar days
from the date of the submission of the claim, question, difficulty or dispute,
unless CONSULTANT requires additional time to gather information or
allow the parties to provide additional information. All nontechnical
administrative disputes shall be determined by the Contract Administrator
pursuant to the time periods provided herein. During the pendency of any
dispute and after a determination thereof, CONTRACTOR, CONSULTANT
and CITY shall act in good faith to mitigate any potential damages
including utilization of construction schedule changes and alternate means
of construction.
12.2 In the event the determination of a dispute under this Article is
unacceptable to either party hereto, the party objecting to the
determination must notify the other party in writing within ten (10) days of
receipt of the written determination. The notice must state the basis of the
objection and must be accompanied by a statement that any Contract
Price adjustment claimed is the entire adjustment to which the objecting
party has reason to believe it is entitled to as a result of the determination.
Within sixty (60) days after Final Completion of the Work, the parties shall
participate in mediation to address all objections to any determinations
hereunder and to attempt to prevent litigation. The mediator shall be
mutually agreed upon by the parties. Should any objection not be
resolved in mediation, the parties retain all their legal rights and remedies
provided under State law. A party objecting to a determination specifically
waives all of its rights provided hereunder, including its rights and
remedies under State law, if said party fails to comply in strict accordance
with the requirements of this Article.
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13. Inspection of Work:
13.1. CONSULTANT and CITY shall at all times have access to the Work, and
CONTRACTOR shall provide proper facilities for such access and for
inspecting, measuring and testing.
13.1.-1.
13.1.2.
Should the Contract Documents, CONSUUANT's instructions,
any laws, ordinances, or any public authority require any of the
Work to be specially tested or approved, CONTRACTOR shall
give CONSULTANT timely notice of readiness of the Work for
testing. If the testing or approval is to be made by an authority
other than CITY, timely notice shall be given of the date fixed
for such testing. Testing shall be made promptly, and, where
practicable, at the source of supply. If any of the Work should
be covered up without approval or consent of CONSULTANT, it
must, if required by CONSULTANT, be uncovered for
examination and properly restored at CONTRACTOR's
expense.
Reexamination of any of the Work may be ordered by
CONSULT ANT with prior written approval by the Contract
Administrator, and if so ordered, the Work must be uncovered
by CONTRACTOR. If such Work is found to be in accordance
with the Contract Documents, CITY shall pay the cost of
reexamination and replacement by means of a Change Order.
If such Work is not in accordance with the Contract Documents,
CONTRACTOR shall pay such cost.
13.2. Inspectors shall have no authority to permit deviations from, nor to relax
any of the provisions of, the Contract Documents nor to delay the Contract
by failure to inspect the materials and work with reasonable promptness
without the written permission or instruction of CONSULTANT.
13.3. The payment of any compensation, whatever may be its character or form,
or the giving of any gratuity or the granting of any favor by CONTRACTOR
to any inspector, directly or indirectly, is strictly prohibited, and any such
act on the part of CONTRACTOR will constitute a breach of this Contract.
14. Superintendence and Supervision:
14.1. The orders of CITY are to be given through CONSULTANT, which
instructions are to be strictly and promptly followed in every case.
CONTRACTOR shall keep on the Project during its progress, a full-time
competent English speaking superintendent and any necessary
assistants, all satisfactory to CONSULTANT. The superintendent shall not
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be changed except with the written consent of CONSULTANT, unless the
superintendent proves to be unsatisfactory to CONTRACTOR and ceases
to be in its employ. The superintendent shall represent CONTRACTOR
and all directions given to 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, pe(sonnel, 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.
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15. CITY's Rioht 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
l;umpleiion 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.
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15.3. This Contract may be terminated for convenience in writing by CITY upon
ten (10) days written notice to CONTRACTOR (delivered by certified mail,
return receipt requested) of intent to terminate and the date on which such
termination becomes effective. In such case, CONTRACTOR shall be
paid for all work executed and expenses incurred prior to termination in
addition to termination settlement costs reasonably incurred by
CONTRACTOR relating to commitments which had become firm prior to
the termination. Payment shall include reasonable profit for work/services
satisfactorily performed. No payment shall be made for profit for
work/services which have not been performed.
15.4. Upon receipt of Notice of Termination pursuant to Sections 15.1 or 15.3
above, CONTRACTOR shall promptly discontinue all affected work unless
the Notice of Termination directs otherwise and deliver or otherwise make
available to CITY all data, drawings, specifications, reports, estimates,
summaries and such other information as may have been required by the
Contract Documents whether completed or in process.
16. CONTRACTOR's Riaht to Stop Work or Terminate Contract:
Should CONSULTANT fail to review and approve or state in writing reasons for
nonapproval of any Application for Payment within twenty (20) days after it is
presented, or if CITY fails either to pay CONTRACTOR within thirty (30) days
after presentation by CONSULTANT of any sum certified by CONSULTANT, or
to notify CONTRACTOR and CONSULTANT in writing of any objection to the
Application for Payment, then CONTRACTOR may, give written notice to CITY
and CONSULTANT of such delay, neglect or default, specifying the same. If
CITY or CONSULTANT (where applicable), within a period of ten (10) calendar
days after such notice shall not remedy the delay, neglect, or default upon which
the notice is based, then CONTRACTOR may stop work or terminate this
Contract and recover from CITY payment for all work executed and reasonable
expenses sustained therein plus reasonable termination expenses. Any
objection made by CITY to an Application for Payment shall be submitted to
CONSULTANT in accordance with the provisions of Article 12 hereof.
17. Assianment:
Neither party hereto shall assign the Contract or any subcontract in whole or in
part without the written consent of the other, nor shall CONTRACTOR assign any
monies due or to become due to it hereunder, without the previous written
consent of the Mayor and City Commission.
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18. Richts 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. Differinc 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.
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20. Plans and Workina Drawinas:
CITY, through CONSULTANT, shall have the right to modify the details of the
plans and specifications, to supplement the plans and specifications with
additional plans, drawings or additional information as the Work proceeds, all of
which shall be considered as part of the Project Manual. In case of
disagr~ei11ent b~lweerl the wriUen and graphic portions of the project Manual,
the written portion shall govern.
21. CONTRACTOR to Check Plans. Specifications and Data:
CONTRACTOR shall verify all dimensions, quantities and details shown on the
plans, specifications or other data received from CONSULTANT, and shall notify
CONSULTANT of all errors, omissions and discrepancies found therein within
three (3) calendar days of discovery. CONTRACTOR will not be allowed to take
advantage of any error, omission or discrepancy, as full instructions will be
furnished by CONSULTANT. CONTRACTOR shall not be liable for damages
resulting from errors, omissions or discrepancies in the Contract Documents
unless CONTRACTOR recognized such error, omission or discrepancy and
knowingly failed to report it to CONSULTANT.
22. CONTRACTOR's Responsibilitv for Damaaes 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 fumish
satisfactory evidence as to the kind and quality of materials and equipment. This
warranty is not limited by the provisions of Article 25 herein.
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24. Supplementarv 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.
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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 (ten) 10% percent of the Contract Price.
28. Separate Contracts:
28.1. CITY reserves the right to let other contracts in connection with this
Project. CONTRACTOR shall afford other persons reasonable opportunity
for the introduction and storage of their materials and the execution of
their work and shall properly connect and coordinate this Work with theirs.
28.2. If any part of CONTRACTOR's Work depends for proper execution or
results upon the work of any other persons, CONTRACTOR shall inspect
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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 Completed Portions:
29.1. CITY shall have the right at its sole option to take possession of and use
any completed or partially completed portions of the Project. Such
possession and use shall not be deemed an acceptance of any of the
Work not completed in accordance with the Contract Documents. If such
possession and use increases the cost of or delays the Work,
CONTRACTOR shall be entitled to reasonable extra compensation, or
reasonable extension of time or both, as recommended by CONSULTANT
and approved by CITY.
29.2. In the event CITY takes possession of any completed or partially
completed portions of the Project, the following shall occur:
29.2.1. CITY shall give notice to CONTRACTOR in writing at least
thirty (30) calendar days prior to CITY's intended occupancy of
a designated area.
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.
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29.2.3. Upon CONSULTANT's issuance of a Certificate of Substantial
Completion, CITY will assume full responsibility for
maintenance, utilities, subsequent damages of CITY and
public, adjustment of insurance 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 fumish 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
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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 UII (h~ pians. However, CI1Y does not guarantee that all lines are
shown, or that the ones indicated are in their true location. It shall be the
CONTRACTOR os 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: 34-01/02
DATE: 05120/02
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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
CONSULTANT's prior written acceptance which will be evidenced by either a
Change Order or an approved Shop Drawing. However, any substitution
accepted by CONSULTANT shall not result in any increase in the Contract Price
or Contract Time. By making a request for substitution, CONTRACTOR agrees
to pay directly to CONSULTANT all CONSULTANT's fees and charges related to
CONSULTANT's review of the request for substitution, whether or not the
request for substitution is accepted by CONSULTANT. Any substitution
submitted by CONTRACTOR must meet the form, fit, function and life cycle
criteria of the item proposed to be replaced and there must be a net dollar
savings including CONSULTANT review fees and charges. If a substitution is
approved, the net dollar savings shall be shared equally between
CONTRACTOR and CITY and shall be processed as a deductive Change Order.
CITY may require CONTRACTOR to furnish at CONTRACTOR's expense a
special performance guarantee or other surety with respect to any substitute
approved after award of the Contract.
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: 34-01102
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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 Supplemental Instructions:
36.1. The Contract Administrator, through CONSULTANT, shall have the right
to approve and issue Field Orders setting forth written interpretations of
the intent of the Contract Documents and ordering minor changes in Work
execution, providing the Field Order involves no change in the Contract
Price or the Contract Time.
36.2. CONSULTANT shall have the right to approve and issue Supplemental
Instructions setting forth written orders, instructions, or interpretations
concerning the Contract Documents or its performance, provided such
Supplemental Instructions involve no change in the Contract Price or the
Contract Time.
37. Chance 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 or more
shall be approved in advance by the Mayor and City Commission. All
Change Orders with a value of less than $25,000 shall be approved in
advance by the City Manager or his designee.
37.3. In the event satisfactory adjustment cannot be reached for any item
requiring a change in the Contract Price or Contract Time, and a Change
Order has not been issued, CITY reserves the right at its sole option to
either terminate the Contract as it applies to the items in question and
make such arrangements as may be deemed necessary to complete the
disputed work; or submit the matter in dispute to CONSULTANT as set
forth in Article 12 hereof. During the pendency of the dispute, and upon
receipt of a Change Order approved by CITY, CONTRACTOR shall
promptly proceed with the change in the Work involved and advise the
CONSULTANT and Contract Administrator in writing within seven (7)
calendar days of CONTRACTOR's agreement or disagreement with the
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CITY OF MIAMI BEACH
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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 Chanae Order Work:
38.1. The value of any work covered by a Change Order or of any claim for an
increase or decrease in the Contract Price shall be determined in one of
the following ways:
38.1.1. Where the work involved is covered by unit prices contained in
the Contract Documents, by application of unit prices to the
quantities of items involved, subject to the provisions of Section
38.7.
38.1.2. By mutual acceptance of a lump sum which CONTRACTOR
and CITY acknowledge contains a component for overhead and
profit.
38.1.3. On the basis of the "cost of work," determined as provided in
Sections 38.2 and 38.3, plus a CONTRACTOR's fee for
overhead and profit which is determined as provided in Section
38.4.
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: 34-01102 CITY OF MIAMI BEACH
DATE: 05/20/02 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 (he site. The expenses of
performing the work after regular working hours, on Sunday or
legal holidays, shall be included in the above to the extent
authorized by CITY.
38.2.2. Cost of all materials and equipment furnished and incorporated
in the work, including costs of transportation and storage
thereof, and manufacturers' field services required in connection
therewith. All cash discounts shall accrue to CONTRACTOR
unless CITY deposits funds with CONTRACTOR with which to
make payments, in which case the cash discounts shall accrue
to CITY. All trade discounts, rebates and refunds, and all
returns from sale of surplus materials and equipment shall
accrue to CITY and CONTRACTOR shall make provisions so
that they may be obtained. Rentals of all construction
equipment and machinery and the parts thereof whether rented
from CONTRACTOR or others in accordance with rental
agreements approved by CITY with the advice of
CONSULTANT and the costs of transportation, loading,
unloading, installation, dismantling and removal thereof, all in
accordance with the terms of said agreements. The rental of
any such equipment, machinery or parts shall cease when the
use thereof is no longer necessary for the work.
38.2.3. Payments made by CONTRACTOR to Subcontractors for work
performed by Subcontractors. If required by CITY,
CONTRACTOR shall obtain competitive bids from
Subcontractors acceptable to CONTRACTOR and shall deliver
such bids to CITY who will then determine, with the advice of
CONSULTANT, which bids will be accepted. If the Subcontract
provides that the Subcontractor is to be paid on the basis of cost
of the work plus a fee, the Subcontractor's cost of the work shall
be determined in the same manner as CONTRACTOR'S cost of
the work. All Subcontractors shall be subject to the other
provisions of the Contract Documents insofar as applicable.
38.2.4. Cost of special consultants, including, but not limited to,
engineers, architects, testing laboratories, and surveyors
BID NO: 34-01102 CITY OF MIAMI BEACH
DATE: 05/20/02 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
.:Ii IU 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, applian-
ces, 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: 34-01102 CITY OF MIAMI BEACH
DATE: 05120/02 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: 34-01102 CITY OF MIAMI BEACH
DATE: 05/20/02 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
38.4.2.3.
No fee shall be payable on the basis of costs
itemized under Sections 38.2.4 and 38.2.5,
(except Section 38.2.5.3), and Section 38.3.
38.5. The amount of credit to be allowed by CONTRACTOR to CITY for any
such change which results in a net decrease in cost, will be the amount of
the actual net decrease. When both additions and credits are involved in
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.
38.6. 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: 34-01102
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39. Notification and Claim for Chance 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. ThereClfier, 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 Damaces 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: 34-01102
DATE: 05120/02
CITY OF MIA.'fI 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: Compensable: Non-Compensable:
41.1 Excusable Delay. Delay which extends the completion of the Work and
which is caused by circumstances beyond the control of CONTRACTOR
or its subcontractors, suppliers or vendors is Excusable Delay.
CONTRACTOR is entitled to a time extension of the Contract Time for
each day the Work is delayed due to Excusable Delay. CONTRACTOR
shall document its claim for any time extension as provided in Article 39
hereof.
Failure of CONTRACTOR to comply with Article 39 hereof as to any
particular event of delay shall be deemed conclusively to constitute a
waiver, abandonment or relinquishment of any and all claims resulting
from that particular event of delay.
Excusable Delay may be compensable or non-compensable:
(a) Compensable Excusable Delay. Excusable Delay is compensable
when (i) the delay extends the Contract Time, (ii) is caused by
circumstances beyond the control of the CONTRACTOR or its
subcontractors, suppliers or vendors, and (iii) is caused solely by
fraud, bad faith or active interference on the part of CITY or its
agents. In no event shall CONTRACTOR be compensated for
interim delays which do not extend the Contract Time.
CONTRACTOR shall be entitled to direct and indirect costs for
Compensable Excusable Delay. Direct costs recoverable by
CONTRACTOR shall be limited to the actual additional costs allowed
pursuant to Article 38 hereof.
CITY and CONTRACTOR recognize and agree that the amount of
CONTRACTOR's precise actual indirect costs for delay in the
performance and completion of the Work is impossible to determine as of
the date of execution of the Contract Documents, and that proof of the
precise amount will be difficult. Therefore, indirect costs recoverable by
the CONTRACTOR shall be liquidated on a daily basis for each day the
Contract Time is delayed due to a Compensable Excusable 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: 34-01102
DATE: 05120/02
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 N/A per day for each calendar day the Contract is delayed
due to a Compensable Excusable Delay.
(b) Non-Compensable Excusable Delay. When Excusable Delay is
(i) caused by circumstances beyond the control of CONTRACTOR,
its subcontractors, suppliers and vendors, and is also caused by
circumstances beyond the control of the CITY or CONSULTANT, or
(ii) is caused jointly or concurrently by CONTRACTOR or its
subcontractors, suppliers or vendors and by the CITY or
CONSULTANT, then CONTRACTOR shall be entitled only to a time
extension and no further compensation for the delay.
42. Substantial Completion:
When CONTRACTOR considers that the Work, or a portion thereof designated
by CITY pursuant to Article 29 hereof, has reached Substantial Completion,
CONTRACTOR shall so notify CITY and CONSULTANT in writing.
CONSULTANT and CITY shall then promptly inspect the Work. When
CONSULTANT, on the basis of such an inspection, determines that the Work or
designated portion thereof is substantially complete, it will then prepare a
Certificate of Substantial Completion in the form attached hereto as Form 00925
which shall establish the Date of Substantial Completion; shall state the
responsibilities of CITY and CONTRACTOR for security, maintenance, heat,
utilities, damage to the Work, and insurance; and shall list all Work yet to be
completed to satisfy the requirements of the Contract Documents for Final
Completion. The failure to include any items of corrective work on such list does
not alter the responsibility of CONTRACTOR to complete all of the Work in
accordance with the Contract Documents. Warranties required by the Contract
Documents shall commence on the date of Substantial Completion of the Work
or designated portion thereof unless otherwise provided in the Certificate of
Substantial Completion. The Certificate of Substantial Completion shall be
submitted to CITY through the Contract Administrator and CONTRACTOR for
their written acceptance of the responsibilities assigned to them in such
Certificate.
43. No Interest:
Any monies not paid by CITY when claimed to be due to CONTRACTOR under
this Agreement, including, but not limited to, any and all claims for contract
damages of any type, shall not be subject to interest including, but not limited to
prejudgment interest. However, the provisions of CITY's prompt payment
ordinance, as such relates to timeliness of payment, and the provisions of
BID NO: 34-01102
DATE: 05120102
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. Shop Orawinas:
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. CONSULTANT's
approval of Shop Drawings will be general and shall not relieve
CONTRACTOR of responsibility for the accuracy of such Drawings, nor
for the proper fitting and construction of the work, nor for the furnishing of
materials or work required by the Contract Documents and not indicated
on the Drawings. No work called for by Shop Drawings shall be
performed until the said Drawings have been approved by
CONSULTANT. Approval shall not relieve CONTRACTOR from
responsibility for errors or omissions of any sort on the Shop Drawings.
BID NO: 34-01102 CITY OF MIAMI BEACH
DATE: 05/20/02 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
CONSULTANT's approval at the job site at all times.
45. Field Lavout of the Work and Record Drawinas:
45.1. The entire responsibility for establishing and maintaining line and grade in
the field lies with CONTRACTOR. CONTRACTOR shall maintain an
accurate and precise record of the location and elevation of all pipe lines,
conduits, structures, maintenance access structures, hand holes , 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: 34-01102 CITY OF MIAMI BEACH
DATE: 05/20/02 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 solt:liy 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: 34-01102 CITY OF MIAMI BEACH
DATE: 05/20/02 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 ..ill itemized list of all materials with a unit cost fOf 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: 34-01/02 CITY OF MIAMI BEACH
DATE: 05120/02 95
the CONTRACTOR to additional Contract Time as noncompensable,
excusable delay, and shall not give rise to a claim for compensable delay.
51. Cleanina UP: Citv's Riaht to Clean Up:
CONTRACTOR shall at all times keep the premises free from accumulation of
waste materials or rubbish caused by its operations. At the completion ofthe
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 Eauipment:
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 Emplovment Opportunity. and Americans with
Disabilities Act:
CONTRACTOR shall not unlawfully discriminate against any person in its
operations and activities or in its use or expenditure of funds in fulfilling its
obligations under this Agreement. CONTRACTOR shall affirmatively comply with
all applicable provisions of the Americans with Disabilities Act (ADA) in the
course of providing any services funded by CITY, including Titles I and \I 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: 34-01102
DATE: 05/20/02
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: 34-01102
DATE: 05120/02
CITY OF MIAMI BEACH
97
00900. SUPPLEMENTARY CONDITIONS:
BID NO: 34-01102
DATE: 05/20/02
CITY OF MIAMI BEACH
98
00920. ADDITIONAL ARTICLES:
[ ]
1.
Prevailina Waae Rate Ordinance.
This Project is not federally funded. City of Miami Beach Ordinance No,
94-2960 provides that in all non-federally funded construction contracts in
excess of one million dollars to which the City of Miami Beach is a party,
the rate of wages and fringe benefits, or cash equivalent, for all laborers,
mechanics and apprentices employed by any contractor or subcontractor
on the work covered by the contract, shall not be less than the prevailing
rate of wages and fringe benefit payments or cash equivalence for similar
skills or classifications of work, as established by the Federal Register, in
the City of Miami Beach, Florida. The provisions of this Ordinance shall
not apply to the following projects:
a. water, except water treatment facilities and lift stations;
b. sewer, except sewage treatment facilities and lift stations;
c. storm drainage;
d. road construction, except bridges or structures requiring
pilings; and
e. beautification projects, which may include resurfacing new
curbs, gutters, pavers, sidewalks, landscaping, new lighting,
bus shelters, bus benches and signage.
[*NOTE: INSERT IF APPLICABLE]
[] 2.
Federal Grant Proiects:
2.1. By virtue of the fact that the funding of this Project will be delivered
in full or in part from the United States government through
, federal assurances must
follow 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: 34-01102 CITY OF MIAMI BEACH
DATE: 05/20/02 99
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: 34-01102
DATE: 05/20/02
CITY OF MIAMI BEACH
100
00923. STATEMENT OF COMPLIANCE
(DAVIS BACON ACT)
No.
Contract No.
ProjectTitle
The undersigned CONTRACTOR hereby swears under penalty of perjury that, during
the period covered by the application for payment to which this statement is attached,
all mechanics, laborers, and apprentices, employed or working on the site of the
Project, have been paid at wage rates, and that the wage rates of payments,
contributions, or costs for fringe benefits have not been less than those required by the
Davis Bacon Act and the applicable conditions of the Contract.
Dated
,20_
Contractor
By:
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: 34-01102
DATE: 05/20/02
CITY OF MIAMI BEACH
101
00925. CERTIFICATE OF SUBSTANTIAL COMPLETION:
PROJECT:
(name, address)
CONSULTANT:
TO (CITY):
BID/CONTRACT NUMBER:
CONTRACTOR:
CONTRACT FOR:
NOTICE TO PROCEED DATE:
DATE OF ISSUANCE:
PROJECT OR DESIGNATED PORTION SHALL INCLUDE:
The Work performed under this Contract has been reviewed and found to be
substantially complete and all documents required to be submitted by CONTRACTOR
under the Contract Documents have been received and accepted. The Date of
Substantial Completion of the Project or portion thereof designated above is hereby
established as
which is also the date of commencement of applicable warranties required by the
Contract Documents, except as stated below.
DEFINITION OF DATE OF SUBSTANTIAL COMPLETION
The Date of Substantial Completion of the Work or portion
thereof designated by CITY is the date certified by
CONSULTANT when all conditions and requirements of
permits and regulatory agencies have been satisfied and the
Work, is sufficiently complete in accordance with the
Contract Documents, so the Project is available for beneficial
occupancy by CITY. A Certificate of Occupancy must be
issued for Substantial Completion to be achieved, however,
the issuance of a Certificate of Occupancy or the date
thereof are not to be determinative of the achievement or
date of Substantial Completion.
BID NO: 34-01102
DATE: 05120102
CITY OF MIAMI BEACH
102
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: 34-01102
DATE: 05120102
CITY OF MIAMI BEACH
103
00926. FINAL CERTIFICATE OF PAYMENT:
PROJECT:
(name, address)
CONSULTANT:
BID/CONTRACT NUM~ER:
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: 34-01102
DATE: 05120/02
CITY OF MIAMI BEACH
104
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:IATTOIAGURIAGREEMNntrontendlstdfrm.frtend.fnl.doc
BID NO: 34-01102
DATE: 05/20/02
CITY OF MIAMI BEACH
105
[If not incorporated sign below.]
WITNESSES:
F:IATTOIAGURIAGREEMNntronlendlsldfrm.frtend.fnl.doc
BID NO: 34-01102
DATE: 05/20/02
CONTRACTOR
(Name of Firm)
By:
(Signature)
(Print Name and Title)
_ day of
,20_.
CITY OF MIAMI BEACH
106
[ x ] 00950. DRAWINGS INDEX:
I. Drawings/Plans for the Construction of North Shore Park Phase II
prepared by Bermello Ajamil and Partners and Curtis and Rogers Design
Studio, Inc.
* NOTE: Plans are available for this bid but must be ordered through T-
Square Miami (305) 324-1234. The attached order form on page 11 of this Bid
package must be completed and retumed to T-Square Miami before prospective
bidders will receive requested plans and specifications. Following is a list of
Drawings of the bid set.
Drawina No.
COVER
L-O.O
L-1.1
L-1.2
L-1.3
L-1.4
L-2.1
L-2.2
L-2.3
L-2.4
L-3.1
L-3.2
L-3.3
L-3.4
L-4.1
L-5.1
C-1
C-2
C-3
C-4
C-5
E-1
E-2
E-3
E-4
E-5
Drawina Name
General
Demolition Plan
Demolition Plan
Demolition Plan
Demolition Plan
Layout Plan
Layout Plan
Layout Plan
Layout Plan
Materials Plan
Materials Plan
Materials Plan
Materials Plan
Side Details
Planting Plan
Water Distribution Plan
Water Distribution Plan
Water Distribution Plan
Water Distribution Plan
General Notes and Details
Electrical Plans
Electrical Plans
Electrical Plans
Electrical Plans
Electrical Symbol Legend, Notes & Panel Schedule
BID NO: 34-01102
DATE: 05120/02
CITY OF MIAMI BEACH
107
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: 34-01102
DATE: 05120/02
CITY OF MIAMI BEACH
108
02000. TECHNICAL SPECIFICATIONS:
BID NO. 34..Q1/02
NORTH SHORE OPEN SPACE PARK. PHASE"
I. Specifications for the Construction of North Shore Park Phase II prepared
by Bermello Ajamil and Partners and Curtis and Rogers Design Studio. Inc.
SPECIFICATIONS
TABLE OF CONTENTS
DOCUMENT/SECTION
TITLE
DIVISION 1 . GENERAL REQUIREMENTS:
Section 01010
Summary of Work
Section 01500
Construction Facilities
Section 01525
Utilities
Section 01530
Existing Facilities
DIVISION 2 - SITE WORK:
Section 02100
Site Preparation
Section 02221
Demolition
Section 02517
Concrete Unit Pavers
Section 02751
Pavement Marking
Section 02821
Omamental Fences & Gates
BID NO: 34-01102
DATE: 05120/02
CITY OF MIAMI BEACH
109
SECTION 01010
SUMMARY OF WORK
PART 1 GENERAL
1.01 RELATED DOCUMENTS
A. The instructions to bidders, contract forms, general conditions, special
conditions, special provisions, special requirements and applicable parts of
Division 1 - General Requirements, as listed in the Table of Contents, shall
be included in and made a part of this Section.
1.02 PROJECT IDENTIFICATION AND DESCRIPTION OF WORK
A. Project Identification: The name of the Project on Contract Documents is:
North Shore Open Space Park and is located in Miami Beach Florida east of
Collins Avenue along the Atlantic Ocean between 79th Street and aih
Streets.
B. The Project is one phase of a multiple phase project.
C. The work of this Contract, Phase 2 includes, but is not limited to:
1. Removal of portions of the asphalt walkway; removal of existing
guardhouses, removal of vita-course stations, removal of existing
lighting.
2. Installation and widening of asphalt walkway;
3. Installation of concrete unit pavers at entrances;
4. Installation of new lighting system;
5. Installation of new vita-course stations, and furnishings;
6. All other work indicated on the Contract Documents.
1.03 CONTRACTOR'S USE OF PREMISES
A. Contractor shall limit his use of the premises for Work to the areas as
indicated on the Drawings. All other areas shall remain undisturbed.
Contractor shall allow for:
1. Work by other Contractors.
2. Owner Occupancy.
BID NO: 34-01102 CITY OF MIAMI BEACH
DATE: 05/20/02 110
3. Use by the public during construction.
4. Periodic inspections and construction observation by L.A. and Owner.
B. Assume full responsibility for the protection and safekeeping of Products
under this Contract, stored on the site.
PART 2 PRODUCTS
2.01 SAMPLES
A. Samples of materials shall be submitted for approval on the site or as
otherwise determined by the Landscape Architect. Upon approval of
samples, delivery of materials may begin.
PART 3 EXECUTION
Not Used
END OF SECTION 01010
BID NO: 34-01102
DATE: 05120/02
CITY OF MIAMI BEACH
III
SECTION 01500
CONSTRUCTION FACILITIES
PART 1 GENERAL
1.01 SUMMARY
A. This section specifies construction facilities including but not limited to:
1. Temporary utilities
2. Temporary construction and support facilities.
1.02 PROJECT CONDITIONS
A. Temporary Utilities.
1. Condition of use: Maintain temporary services and facilities clean and
neat in appearance. Operate in a safe and efficient manner. Do not
allow hazardous, dangerous or unsanitary conditions to develop on
site.
2. At earliest possible time, when acceptable to Owner, change from use
of temporary service to permanent service.
B. Temporary construction and support facilities: Construction and support
facilities, and storage of materials and equipment will be allowed on site
overnight. Contractor shall be responsible for all materials and equipment
stored on site.
C. Contractor shall clean up site, remove all construction debris and fill all
trenches at the end of each day.
PART 2 MATERIALS
Not Used.
PART 3 EXECUTION
Not Used
END OF SECTION 01500
BID NO: 34-01/02
DATE: 05120/02
CITY OF MIAMI BEACH
112
SECTION 01525
PROTECTION OF UTILITIES
PART 1 GENERAL
1.01 SUMMARY
A. This Section specifies the protection of utilities.
1.02 UTILITIES
A. The work area may have existing utilities, both under and above ground,
such as, but not limited to, phone, cable, sanitary sewer, water, electrical
and storm sewer. The location of some of these utilities has been indicated
on the plans. However, no guarantee is implied that the plans are accurate
or complete. It shall be the sole responsibility of the Contractor to verify the
location of all utilities, structures, etc. by hand excavation or other
appropriate measures before performing any work that could result in the
damage or injury to persons, utilities, structures or property. The Contractor
shall make a through search of the site for utilities, structures, etc. before
work is commenced.
B. The Contractor shall take steps to repair, replace, or restore all service to
any utility or other facilities which are disrupted due to his or her operations
immediately. Further, the Contractor shall engage any outside additional
service which may be necessary to prosecute repairs on a continuous
"around the clock" basis until services are restored. He or she shall also
provide and operate any supplemental temporary services to maintain
uninterrupted use of the facilities. All costs involved in the repair and
restoration of interrupted service resulting from negligence on the part of the
Contractor, shall be born by the Contractor and he or she shall be fully
responsible for any and all claims resulting from the damage. Should the
contractor fail to repair, replace or restore services damaged within 24
hours, the Owner may take action as provided for in these Documents.
C. The Contractor shall not purposefully disrupt or disconnect any type of utility
whatsoever without first obtaining the permission of the Landscape
Architect.
D. Should utilities, structures, etc. be encountered which interfere with the
work, the Landscape Architect shall be notified.
PART 2 MATERIALS
Not Used
BID NO: 34-01102
DATE: 05120/02
CITY OF MIAMI BEACH
113
PART 3 EXECUTION
Not used
BID NO: 34-01102
DATE: 05120/02
END OF SECTION 01525
CITY OF MIAMI BEACH
114
EXISTING FACILITIES
SECTION 01530
PART 1 - GENERAL
1.01 THE REQUIREMENT
A. The CONTRACTOR shall protect all existing utilities and improvements
not designated for removal including, but not limited to, compliance with
the requirements of Chapter 556, Florida Statutes (the Underground
Facility Damage Prevention and Safety Act), as same may be amended
from time to time, and shall restore damaged or temporarily relocated
utilities and improvements to a condition equal to or better than they were
prior to such damage or temporary relocation, all in accordance with the
requirements of the Contract Documents.
B. The CONTRACTOR shall verify the exact location and depths of all
Utilities shown and the CONTRACTOR shall make exploratory
excavations of all utilities that may interfere with the WORK. All such
exploratory excavations shall be performed as soon as practicable after
award of the contract and, in any event, a sufficient time in advance of
construction to avoid possible delays to the CONTRACTOR's WORK.
When such exploratory excavations show the utility location as shown to
be in error, the CONTRACTOR shall so notify the PROGRAM MANAGER.
C. The number of exploratory excavations required shall be that number
which is sufficient to determine the alignment and grade of the utility.
1.02 RIGHTS- OF-WAY
A. The CONTRACTOR shall not do any WORK that would affect any oil, gas,
sewer, or water pipeline; any telephone, telegraph, or electric transmission
line; any fence; or any other structure, nor shall the CONTRACTOR enter
upon the rights-of-way involved until having secured therefore from the
proper party. After authority has been obtained, the CONTRACTOR shall
give said party due notice of its intention to begin WORK, if required by
said party, and shall remove, shore, support or otherwise protect such
pipeline, transmission line, ditch, fence, or structure or replace the same.
When two or more contracts are being executed at one time on the same
or adjacent land in such manner that WORK on one contract may interfere
with that on another, the CITY shall determine the sequence and order of
the WORK.
BID NO: 34-01102
DATE: 05120/02
CITY OF MIAMI BEACH
115
When the territory of one contract is the necessary or convenient means
of access for the execution of another contract, such privilege of access or
any other reasonable privilege may be granted by the CITY to the
CONTRACT so desiring, to the extent, amount, in the manner, and at the
times permitted. No such decision as to the method or time of conducting
the WORK or the use of territory shall be made the basis of any claim for
delay or damage, except as provided for temporary suspension of the
WORK in the General Conditions.
1.03 PROTECTION OF STREET OR ROADWAY MARKERS
A. The CONTRACTOR shall not destroy, remove, or otherwise disturb any
existing survey markers or other existing street or roadway markers
without proper authorization. No pavement breaking or excavation shall be
started until all surveyor other permanent marker points that will be
disturbed by the construction operations have been properly referenced.
All survey markers or points disturbed by the CONTRACTOR shall be
accurately restored after all street or roadway resurfacing has been
complete.
1.04 EXISITING UTILITIES AND IMPROVEMENTS
A. General; The CONTRACTOR shall protect all Underground Utilities and
other improvements which may be impaired during construction
operations. It shall be the CONTRACTOR's responsibility to ascertain the
actual location of all existing utilities and other improvements that will be
encountered in its construction operations, and to see that such utilities or
other improvements are adequately protected from due damage due to
such operations. The CONTRACTOR shall take all possible precautions
for the protection of unforeseen utility lines to provide for uninterrupted
service and to provide such special protection as may be necessary.
B. Where the proper completion of the WORK requires the temporary or
permanent removal and/or relocation of an existing utility or other
improvements which is indicated, the CONTRACTOR shall remove and,
without unnecessary delay, temporarily replace or relocate such utility or
improvement in a manner satisfactory to the CONSULTANT and the
OWNER of the facility. In all cases of such temporary removal or
relocation, restoration to former location shall be accomplished by the
CONTRACTOR in a manner that will restore or replace the utility or
improvements as nearly as possible to its former locations and to as good
or better condition than found prior to removal.
BID NO: 34-01102
DATE: 05120/02
CITY OF MIAMI BEACH
116
C. CITY's Right of Access: The right is reserved to the CITY and to the
owners of public utilities and franchises to enter at any time upon any
public street, alley, right-of-way, or easement for the purpose of making
changes in their property made necessary by the WORK of this Contract.
D. Underground Utilities Indicated: Existing utility lines that are indicated or
the locations of which are made known to the CONTRACTOR prior to
excavation and that are to be retained, and all utility lines that are
constructed during excavation operations shall be protected from damage
during excavation and backfilling and, if damaged, shall be immediately
repaired or replaced by the CONTRACTOR, at no additional cost to the
CITY.
E. Underground Utilities Not Indicated: In the event that the CONTRACTOR
damages any existing utility lines that are not indicated or the locations of
which are not made known to the CONTRACTOR prior to excavation, a
written report thereof shall be made immediately to the PROGRAM
MANAGER. If directed by the CITY, repairs shall be made by the
CONTRACTOR under the provisions for changes and extra work
contained in the General Conditions.
F. All costs of locating, repairing damage not due to failure of the
CONTRACTOR to exercise reasonable care, and removing or relocating
such utility facilities not shown in the Contract Documents with reasonable
accuracy, and for equipment on the project which was actually working on
that portion of the work which was interrupted or idled by removal or
relocation of such utility facilities, and which was necessarily idled during
such work will be paid for as extra work in accordance with the provisions
of the General Conditions.
G. Approval of Repairs: All repairs to a damaged utility or improvement are
subject to inspection and approval by an authorized representative of the
utility and/or CITY and the ENGINEER before being concealed by backfill
or other work.
H. Maintaining in Service: All oil and gasoline pipelines, power, and
telephone or the communication cable ducts, gas and water mains,
irrigation lines, sewer lines, storm drain lines, poles, and overhead power
and communications wires and cables encountered along the line of the
WORK shall remain continuously in service during all the operations under
the CONTRACT, unless other arrangements satisfactory to the CITY are
made with the OWNER of said pipelines, duct, main, irrigation line, sewer,
storm drain, pole, or wire or cable.
BID NO: 34-01102
DATE: 05120/02
CITY OF MIAMI BEACH
117
The CONTRACTOR shall be responsible for and shall repair all damage
to its operations, and the provisions of this Section shall not be adapted
even in the event such damage occurs after backfilling or is not
discovered until after completion of the backfilling.
I. Prior to any excavation in the vicinity of any existing underground facilities,
including all water, sewer, storm drain, gas, petroleum products, or other
pipelines; all buried electric power, communications, or television cables;
all traffic signal and street lighting facilities; and all roadway and state
highway rights-of-way the CONTRACTOR shall notify the Sunshine State
One Call System and the City of Miami Beach, and shall provide notice in
accordance with Chapter 556, Florida Statutes.
PART 2 - PRODUCTS
Not Used
PART 3 - EXECUTION
3.01 GENERAL
A. Install facilities in a neat and reasonable uniform appearance, structurally
adequate for required purposes.
B. Maintain barriers during entire construction period.
C. Relocate barriers as required by progress of construction.
3.02 TREE AND PLANT PROTECTION
A. Preserve and protect existing trees and plants adjacent to WORK areas.
B. Consult with CITY's Representative and remove agreed-on roots and
branches which interfere with WORK.
1. Employ qualified tree surgeon to remove branches, and to treat cuts.
C. Protect roots zones of trees and plants.
1. Do not allow vehicular traffic and parking.
2. Do not store materials or products.
3. Prevent dumping of refuse
4. Prevent puddling or continous running water.
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D. Carefully supervise all WORK to prevent damage.
E. Replace trees and plants which are damaged or destroyed due to WORK
operations under this contract.
3.03 REMOVAL
A. Completely remove barricade, including foundations, when construction
has progressed to the point that they are no longer needed, and when
approved by CITY's Representative.
B. Clean and repair damage caused by installation, fill and grade areas of the
site to required elevations and slopes, and clean the area
END OF SECTION 01530
BID NO: 34-01102
DATE: 05120/02
CITY OF MIAMI BEACH
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SECTION 02100
SITE PREPARATION
PART 1 GENERAL
1.01 RELATED DOCUMENTS
A. The instructions to bidders, contract forms, general conditions, special
conditions, special provisions, special requirements and applicable parts
of Division 1 - general requirements, as listed in the Table of Contents,
shall be included in and made a part of this Section.
1.02 WORK INCLUDED
A. The work consists of furnishing all labor, machinery, tools, apparatus,
means of transportation, supplies, equipment, materials, services and
incidentals necessary to construct and complete the work as indicated on
the Plans and in the Specifications, as well as all other related
responsibilities, including all changes and repairs incident thereto.
B. The work shall include, but not be limited to, furnishing, material, delivery,
storage, layout, protection to the public, inspections, excavation,
installation, cleanup, maintenance and guarantee.
C. The work consists of the installation and widening of existing asphalt
pathway, installation of pavers at entry, installation of lighting, installation
of site furnishings and vita-course stations.
J. The Plans are not complete unless accompanied by these Specifications.
1.03 RELATED WORK
A. Examine Contract Documents for requirements that affect the work of this
Section. Other Specification Sections which directly relate to the work of
this Section include, but are not limited to:
1. Section 01010, Schedule
2. Section 01010, Summary of Work
1.04 SUBMITTALS
A. The following shall be submitted:
1. Permit for transport and legal disposal of debris.
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2. Location plan of staging areas and schedule for moving staging
equipment into these areas shall be submitted for Landscape
Architects approval prior to mobilization and related site preparation
operations.
1.05 APPROVALS
A. Contractor shall stake walkway for approval by Landscape Architect.
B. Contractor shall verify all utility locations and elevations prior to
excavation. Prior to the start of construction all utility companies public
and private, must be contained including those in control of utilities not
shown on the drawings. Report any discrepancies in writing to the
Landscape Architect and receive written instructions prior to proceeding.
C. No work shall commence until the Contractor has received the Landscape
Architects approval.
1.06 QUALITY ASSURANCE
A.
The Landscape Architect shall have the right, during any phase of the
work operations, to reject any and all work and materials which do not
meet the requirements of the Plans and Specifications.
PRODUCTS
PART 2
Not Used
PART 3 EXECUTION
3.01. APPROVAL
A. No work shall begin until the Contractor has received the Landscape
Architect's approval.
3.02 DISPOSAL OF MATERIALS
A. Materials resulting from the work and not scheduled to be salvaged and
which is unsuitable for re-use on the project, shall become the property of
the Contractor and shall be legally disposed of off-site, the same day that
it is removed.
B. Debris, rubbish , and other materials shall be disposed of promptly and
shall not be left until the final clean-up of the site.
END OF SECTION 02100
BID NO: 34-01102
DATE: 05120/02
CITY OF MIAMI BEACH
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SECTION 02221
DEMOLITION
PART 1 - GENERAL
1.01 SUMMARY
A. This Section includes the following:
1. Demolition and removal of buildings- guardhouses.
2. Demolition and removal of existing curbs, gutters and sidewalks.
3. Demolition and removal of asphalt concrete pavement.
4. Demolition and removal of existing concrete pavement and
foundations.
5. Demolition and removal of vita-course stations
6. Disposal of Material and Debris
1.02 RELATED WORK
A. Examine Contract Documents for requirements that affect the work of this
Section. Other Specification Sections which directly relate to the work of
this Section include, but are not limited to:
1. Section 01005, Schedule
2. Section 01010, Summary of Work
3. Section 01500, Construction Facilities
4. Section 01525, Utilities
5. Section 02100, Site Preparation
1.03 DEFINITIONS
A. Remove: Remove and legally dispose of items indicated accordingly.
B. Remove & Salvage : Items so indicated are to be removed and kept to
remain Owner's property.
C. Existing to Remain: Protect items against damage, soiling, breakage or
altering during demolition operations.
D. Relocate & Reroute : Items so indicated are to be relocated or routed in
accordance with directives as indicated on the construction documents or
per Owner's directives.
1.04 MATERIALS OWNERSHIP
A. Except for items or materials indicated to be reused, reinstalled, salvaged
or otherwise indicated to remain Owner's property, demolished items shall
become the Contractor's property and shall be removed from the site.
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1.05 SUBMITTALS
A. General: Submit each item in this Section according to the conditions of
the Contract and Specification Sections, for information only, unless
otherwise indicated.
B. Inventory of items to be removed and salvaged.
C. Record drawings in accordance with "Project Closeout" requirements
indicating accurately the locations of capped utilities and other subsurface
structural, electrical, or mechanical conditions.
D. Records indicating receipt and acceptance of hazardous wastes by a facility
licensed to accept hazardous wastes.
1.06 QUALITY ASSURANCE
A. Regulatory Requirements Comply with governing EPA notification
regulations before embarking on demolition activities. Comply with hauling
and disposal requirements and regulations of authorities having jurisdiction.
1.07 PROJECT CONDITIONS
A. Buildings to be demolished will be vacated and their use discontinued before
start of Work.
B. Owner assumes no responsibility for the actual condition of the buildings to
be demolished.
C. Asbestos: It is not expected that asbestos will be encountered in the course
of this project. If otherwise encountered, Owner must be notified
immediately.
D. Contractor to be responsible for all costs incurred by Owner due to repair or
damages caused by the Contractor.
E. Trees indicated to remain must be protected against demolition activities.
1.08 SCHEDULING
A. Arrange demolition schedule so as not to interfere with Owner's on-site
operations.
PART 2 . PRODUCTS
Not Applicable
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DATE: 05120/02
CITY OF MIAMI BEACH
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PART 3 - EXECUTION
3.01 EXAMINATION
A. Utilities Verification - Disconnect and Cap Utilities as appropriate.
B. Survey existing conditions and correlate with requirements indicated to
determine extent of demolition required.
C. Inventory and record the condition of items to be removed, reinstalled and
salvaged.
D. Survey & assess the condition of the building and structures to be
removed during demolition to determine whether or not the removal of any
element may result in the collapse of any portion of the building/structure
or adjacent areas.
E. Perform surveys as demolition progresses to detect hazards resulting from
demolition activities.
3.02 UTILITY SERVICES
A. Maintain existing utilities not indicated as to be removed or relocated.
Protect all such utilities against damage during demolition.
B. Do not interrupt existing utilities in service to other users or operating
facilities, except when notified in writing by the Owner and the authorities
maintaining jurisdiction over the utility.
C. Minimum notification of service shut down is 72 hours. Owner must be
duly informed accordingly.
D. Demolition should not commence until utility disconnection, shut off,
removal, sealing or capping have been completed and verified in writing.
3.03 PREPARATION
A. Perform demolition operations with least intrusive impacts to surrounding
roads, streets and adjacent occupied properties. No road closures are
permitted unless authorized by Owner and authorities having jurisdiction.
When permitted, provide alternate routes around such closures as
required governing regulations.
B. Conduct demolition operations to prevent injury to people and damage to
adjacent buildings or facilities to remain. Ensure safe passage of people
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around the demolition area. Measures must be taken to ensure the safety
of people around the demolition area.
3.04 EXPLOSIVES
A. Use of explosives will not be permitted.
B. Explosives should not be brought to the site and the use explosives
without the written consent of the Owner and the authorities having
jurisdiction. Written consent does not constitute relief for the Contractor
on responsibility for accident & injury to people or for damage to property
during blasting. Blasting operations must be in accordance and
compliance with governing regulations.
3.05 POLLUTION CONTROL
A. Use water mist, temporary enclosures, and other suitable methods to limit
the spread of dust and dirt. Comply with goveming regulations of EPA.
B. The use of pollution control methods should be limited to not creating
adverse impacts like flooding, when using water.
C. Debris removal and transport should be done in a manner to prevent
spillage on adjacent areas. Debris from elevated areas should be
removed by the use of chute, hoist or any device capable of conveying
such debris to grade level.
D. Return adjacent areas or buildings to their condition(s) before the
demolition operations commenced. Clean adjacent areas and buildings of
dust, dirt or any debris caused by demolition.
3.06 DEMOLITION
A. Building/Structure Demolition: Demolish and Remove completely existing
buildings indicated for demolition to limits as indicated on construction
documents.
B. Demolition equipment should be located within the project demolition
limits.
C. Dispose of demolished items, debris and materials promptly. On site
storage and sale of removed items is prohibited.
D. Small structures may be removed intact when permitted by the Owner and
approved authorities having jurisdiction.
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E. Demolish concrete and masonry in small sections.
F. Remove structural framing members and lower to ground by suitable
methodes) in accordance with governing regulations of the authorities
having jurisdiction.
G. Break up and remove concrete slabs on grade, unless other noted.
H. Remove below grade construction, including foundations.
I. Completely fill below-grade areas and voids resulting from demolition
operations.
J. Damages: Repair all damages to adjacent facilities caused by demolition
operations.
3.07 DISPOSAL
A. Promptly dispose of demolished materials. Accumulation of debris from
demolition on site is prohibited.
B. Do not burn demolished materials.
C. Transport demolished materials off the Owner's property and legally
dispose of them in accordance with regulations of the authorities having
jurisdiction.
END OF SECTION 02221
BID NO: 34-01102
DATE: 05120/02
CITY OF MIAMI BEACH
126
PART 1 GENERAL
1.01 WORK INCLUDED:
SECTION 02517
CONCRETE UNIT PAVERS
A. The provision of all labor, materials, necessary equipment, services and
included, but not limited to all related work to complete the concrete
pavers walkway, as indicated on the Drawings and as specified herein.
1.02 QUALITY ASSURANCE
A. ASTM C 936
B. Contractor shall have at least 2 years experience in the installation of
interlocking concrete unit pavers.
1.03 REFERENCES
A. Comply with applicable requirements of the following standards. Where
these standards conflict with other specified requirements, the most
restrictive requirement shall govern.
1. American Society for Testing and Materials (ASTM):
D136
C 140
C 144
C 150
C936
C979
D 1557
D 2940
BID NO: 34-01102
DATE: OS/20/02
Sieve Analysis of Fine and Course Aggregates
Concrete Masonry Units
Aggregate for Masonry Mortar
Portland Cement
Solid Concrete Interlocking Paving Units
Pigments for Integrally Colored Concrete
Moisture-Density Relations of Soils and Soil Aggregate
Mixtures Using 10-lb. (4.54-kg) Rammer and 18-in.
(457-mm) Drop
Graded Aggregate Material for Sub-bases for Highways
or Airports
CITY OF MIAMI BEACH
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2. National Concrete Masonry Association (NCMA):
A-10 Solid Concrete Masonry Paving Units
1.04 SUBMITTALS
A. Submit manufacturer's product data for each type of concrete paver.
B. Submit a minimum of six concrete pavers of each type and size required
to Architect for approval. Samples shall exhibit the full color range of
pavers to be provided.
C. Submit a 10 lb. sample of sand to Landscape Architect for approval.
1.05 FIELD MOCK-UP
A. Prior to start of concrete paver construction the Contractor shall construct
a sample panel for use as a prototype for the concrete pavers. Sample
panel shall approximate the "Paver Layout" detail shown on the drawings.
Panel shall exhibit the specified base, thickness, colors, jointing, pattern,
finish, and workmanship. The Contractor shall not proceed with the
concrete paver work until the Landscape Architect has approved each
sample panel. If panel is not acceptable, the Contractor shall construct
additional panels as required until an acceptable panel is obtained. The
accepted panel shall become the standard for the entire job and shall
remain undisturbed until completion of the concrete paver installation.
1.06 DELIVERY, STORAGE AND HANDLING
A. Paving stones shall be delivered and unloaded at job site with or without
pallets and bound in such manner that no damage occurs to the product
during handling, shipping and unloading.
Pavers damaged in any manner will be rejected and replaced with new
materials at no additional cost to the Owner.
B. Aggregate materials shall be kept dry and free from soiling.
C. Cover sand with waterproof covering to prevent exposure to rainfall or
removal by wind. Secure the covering in place.
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CITY OF MIAMI BEACH
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PART 2
PRODUCTS
2.01 SOLID CONCRETE INTERLOCKING PAVING STONES: ASTM DESIGNATION
C936-82
A. Cementitious Materials: Portland Cements shall conform to ASTM
specifications C-150.
B. Aggregates: Shall conform to ASTM Specification C-33 for Normal Weight
Concrete Aggregate (no expanded shale or lightweight aggregates)
except that grading requirements shall not necessarily apply.
C. Other Constituents: Coloring pigments, air-entraining agents, integral
water repellents, finely ground silica, etc., shall conform to ASTM
standards where applicable, or shall be previously established as suitable
for use in concrete.
D. Physical Requirements:
1. Size of Units
4 x 8 x 2 3/8"
2. Compressive Strength: At the time of delivery to the work site, the
average compressive strength shall not be less than 8,000 PSI with
no individual unit strength less than 7,200 PSI with testing procedures
in accordance with ASTM Standard C-140.
3. Absorption: The average absorption shall not be greater than five
percent (5%) with no individual unit absorption greater than seven
percent (7%).
4. Abrasion Resistance: When tested in accordance with method C418,
specimens shall not have a greater volume loss than 0.915 in.3 per
7.75 in. 2. The average thickness loss shall not exceed 0.118 in.
(3mm).
E. Colors shall be as selected by the Architect.
F. Visual Inspection: All units shall be sound and free of defects that would
interfere with the proper placing of the unit or impair the strength or
permanence of the construction. Minor cracks incidental to the usual
methods of manufacture, or minor chipping resulting from customary
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methods of handling in shipment and delivery, shall not be deemed
grounds for rejection.
G. Sampling and Testing:
1. The Purchaser: Or his authorized representative shall be accorded
facilities to inspect and sample the units at the place of manufacture
from lots ready for delivery.
2. Sample and Test Units: In accordance with ASTM Method C-140.
3. Dimensional Tolerance: Length or width of units shall not differ by
more than plus or minus 1/16 in. From approved samples. Heights of
units shall not differ by more than plus or minus 1/8 in. from the
specified standard dimension.
H. Rejection: In case the shipment fails to conform to the specified
requirements, the manufacturer may sort it, and new test units shall be
selected at random by the purchaser from the retained lot and tested at
the expense of the manufacturer. In case the second set of test units fails
to conform to the specified requirements, the entire lot shall be rejected.
I. Inspection and testing shall be borne by the purchaser unless otherwise
agreed.
J. Pavers shall be manufactured by Paver Module, 1590 North Andrews
Extension, Pompano Beach, FI 33069, or approved equal.
2.02 SAND LAYING COURSE
A. The sand laying course shall be well graded clean washed sharp sand
conforming to the grading requirements of ASTM C33. This is commonly
known as manufactured concrete sand, limestone screening, or similar.
Do not use mason sand. Color ofsand
B. Sand shall be supplied by a single source. Source of supply shall not be
changed during course of project without written permission of the
Architect.
2.03 L1MEROCK ROAD BASE
A. Limerock road base shall be in accordance to City of Miami Beach's
Public Works and/or Dade County Public Works Standards, whichever is
more stringent.
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2.04 EDGE RESTRAINT:
A.
All edges: Of the installed paving stone shall be restrained. The type of
edge restraint shall be as noted on plans.
PART 3
EXECUTION
3.01 PREPARATION OF SUBGRADE
A. Remove existing beach road material to the depth necessary to
accommodate the new pavers and setting bed. Bring the finish subgrade
to a section and profile that is parallel to the finish surface.
B. Compact the sub-base material to 95% of the maximum density, at
optimum moisture, as determined by AASHTO T99, Method C.
3.02 PREPARATION OF BASE FOR PAVERS
A. Material as specified should be compacted to at least 95% of the modified
proctor dry density which is determined in accordance with ASTM D 1557
or AASHTO T180.
1. The Base Course: Material should be spread over the subgrade
and compacted in 4" lifts. The final elevation should be within + 3/4
in. (19 mm) or -1/2 in. (13 mm) of the specified elevation.
Deviations in the base elevation should not exceed 1/2 in (13 mm)
when tested with a 10 foot (3 m) straight edge.
2. The Compacted Base: Shall be 3 1/8" (80 mm) below final grade for
2 3/8" (60 mm) pavers.
3.03 INSTALLATION OF PAVERS
A. Construction of the sand laying course for pavers installed at grade.
1. The Finished Base Course: Shall be approved before the placement
of the sand laying course.
2. The Sand Laying Course: Shall be spread evenly over the area to be
paved and then screeded to a level that will produce 1" (25 mm)
thickness to 1 Y2 in (38 mm) thickness. Normally, it is good practice to
have final elevation of paving stones slightly higher than adjacent
curb, gutters, other paving, to allow for any minor settling that may
occur within the base.
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3. Once Screeded and Leveled: To the desired elevation, this sand
laying course shall not be disturbed in any way.
B. Laying of concrete paving stones at grade.
1. The Paving Stones: Shall be laid in the approved pattern as noted
or shown un drawings.
2. The Paving Stones: Shall be laid in such a manner that the desired
pattem is maintained and the joints between the adjacent units are
approximately 1/16 in. (1.5 mm) to 1/8 in. (3 mm wide).
3. String Lines: Should be used to hold all pattern lines true.
4. Pavers shall cut as required to obtain the pattern. Cutting shall be
accomplished to leave a clean edge to the traffic surface using a
masonry saw. Whenever possible, no cuts should result with a
paver less than 1/3 of original dimension. Gaps less than 3/8 in.
(10 mm) should be filed with sand.
5. Paving Stones: Shall be vibrated into the sand laying course using
a vibrator capable of 3,000 to 5,000 pounds compaction force with
the surface clean and joints open. Adjacent pavers shall vary in
elevation by no more than 1/8". The surface elevation of pavers
should be 1/8 in (3 mm) to 1/4 in. (6 mm) above adjacent drainage
inlets, concrete collars or channels.
6. After Vibration: Clean masonry type sand containing at least 30% of
1/8" (3 mm) particles shall be spread over the paving stone surface,
allowed to dry, and vibrate into joints with additional vibrator passes
and brushing so as to completely fill joints.
3.04 CLEANUP
A. Upon Completion: Of work covered in the Section, the Contractor shall
clean up all work areas by removing all debris, surplus material and
equipment from the site.
END OF SECTION 02517
BID NO: 34-01102
DATE: 05120/02
CITY OF MIAMI BEACH
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SECTION 02751
PAVEMENT MARKING
PART 1 - GENERAL
1.01 SUMMARY
A. This Section includes the following:
1. Paint signs on asphalt bike path/pedestrian walkway.
1.02 RELATED WORK
A. Examine Contract Documents for requirements that affect the work of this
Section. Other Specification Sections, which directly relate to the work of
this Section include, but are not limited to:
1. Section 01005, Schedule
2. Section 01010, Summary of Work
3. Section 01500, Construction Facilities
4. Section 01525, Utilities
5. Section 02100, Site Preparation
1.03 SUBMITTALS
A. Paint Manufacturer's specifications for asphalt surface paint.
1.04 QUALITY ASSURANCE
A. Regulatory Requirements: Comply with governing EPA regulations.
1.05 ROJECT CONDITIONS
A. Asphalt walkway must have sufficiently cured prior to paint application.
B. Areas receiving paint must be cordoned off from public access and have
wet paint signs posted. Tape may be used as long as it completely
encircles areas receiving paint.
1.06 SCHEDULING
A. Arrange painting schedule so as not to interfere with Owner's on-site
operations.
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PART 2 - PRODUCTS
2.01 PAINT
A. Pavement-Marking Paint: Alkyd-resin type; ready mixed; complying with
FS TT-P-115, Type I or AASHTO M 248, Type N. Color: White
PART 3 - EXECUTION
3.01 PAVEMENT MARKING
A. Do not apply pavement-marking paint until layout, colors, and placement
have been verified with Landscape Architect.
B. Allow pavement to cure for 28 days and be dry before starting pavement
marking.
C. Sweep and clean surface to eliminate loose material and dust.
D. Apply paint with mechanical equipment to produce pavement markings of
dimensions indicated with uniform, straight edges. Apply at
manufacturer's recommended rates to provide a minimum wet film
thickness of 15 mils (O.4mm).
E. Post "Wet Paint" signs 4' O.C. and prevent public access to areas requiring
time to dry. Completely encircle areas with tape to clearly mark where
access is denied.
3.02 DISPOSAL
A. Promptly dispose of unused materials.
B. As soon as paint is dry, remove all signs and tape and restore walkway to
a clean and unobstructed surface.
C. Transport unused or discarded materials off the Owner's property and
legally dispose of them in accordance with regulations of the authorities
having jurisdiction.
END OF SECTION 02751
BID NO: 34-01102
DATE: 05120/02
CITY OF MIAMI BEACH
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SECTION 02821
ORNAMENTAL GALVANIZED STEEL PICKET FENCING
PART1 GENERAL
1.01 WORK INCLUDED
A. Provide all labor, materials, and equipment necessary to construct
ornamental galvanized steel picket fencing as indicated on the Drawings
and as specified. Extent of work is indicated on the drawings and includes,
but is not limited to the following:
1. Galvanized Steel Fence framework.
2. Excavation for post bases.
3. Manually operated gates and related hardware.
4 Paint
1.02 RELATED WORK
A. Examine Contract Documents for requirements that affect the work of this
Section. Other specification sections that relate directly to work of this
section include, but are not limited to:
1. Section 02221- Demolition
2. Section 02517- Concrete Unit Pavers
1.03 QUALITY ASSURANCE
A. Products from qualified manufacturers having a minimum of five years
experience manufacturing galvanized steel fencing will be acceptable by
the architect as equals if they meet the following specifications for design,
size gauge of metal parts and fabrication.
B. Obtain galvanized steel fences and gates, including accessories, fittings
and fastenings from a single source.
1.04 REFERENCES
A. ASTM A 123: Zinc (Hot Galvanized) Coatings of Products Fabricated from
Rolled, Pressed, and Forged Steel shapes, Plates, Bars and Strips.
B. ASTM 120: Pipe, Steel, Hot-dipped, Zinc-coated (Galvanized) Welded and
Seamless, for Ordinary uses.
C. ASTM A 428: Weight of Coating on Aluminum-coated Iron or Steel
Articles.
BID NO: 34-01102
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CITY OF MIAMI BEACH
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D. Federal Specification RR-F-191: Fencing, Wire and Post, Metal.
1.05 SUBMITTALS
A. Product Data: Submit manufacturer's technical data and installation
instructions for fencing gates and accessories.
B. Shop Drawings: Submit complete shop drawings of a!! fencing installations
and baseball backstop. Include all field dimensions.
C. Color Samples for Initial Selection: submit manufacturer's color charts
showing the full range of colors available for each finish.
PART 2 PRODUCTS
2.01 ORNAMENTAL PICKET FENCE
A. Pickets: Galvanized square steel tubular members manufactured per
ASTM A-787, having a 45,000 psi (310 Mpa)yield strength and G90 zinc
coating, 0.90 ozlft2 (0.27 kg/M2. Minimum size pickets (1"). Space pickets
3-15/16" maximum face to face. Attach each picket to each rail with 1/4"
industrial drive rivets. Size #4. Minimum gauge wall thickness gauge 11.
B. Rails: 1-1/2" X 1-3/8" X 1-1/2" 11 Gauge thick galvanized steel "U"
channel per ASTM A-653 or ASTM A-607, having a 50,000 psi yield
strength and G90 zinc coating, .90 ozlf12. Punch rails to receive pickets
and rivets and attach rails to rail brackets with 2 each, 1/4" industrial drive
rivets. Size #4. Steel for rail produced under ASTM A-653.
C. Posts: Galvanized square steel tubular members manufactured per ASTM
A-787 having a 45,000 psi yield strength and G90 zinc coating, 0.900zlf12.
Zinc coating is inside and outside.
D. Accessories: Assembled panels with ornamental accessories attached
using industrial drive rivets to prevent removal and vandalism.
E. Finish:
1. Manufacturer's Names: The following manufacturer's are referred
below by their shortened versions of their name shown in
parenthesis:
a. Dupont Company, High Performance Coatings (Dupont)
b. ICI Dulux Paints; Devoe Coatings (ICI)
c. International Protective Coatings; Courtaulds Coatings
(International) Benjamin Moore & Co. (Moore)
d. Rust-Oleum Corporation (R-O)
e. Sherwin Williams (S-W)
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2. Provide the following finish systems over exterior nonferrous-metal
surfaces:
Severe Environment (High Gloss Finish):
1) Primer: Epoxy primer applied at spreading rate
recommended by manufacturer.
a. DuPont: 250 High Solids Epoxy Mastic
b. ICI: Devran 4170 Corrosion Resistant Epoxy Primer
c. International: Intergard 251 Thin Film Polyamide
Epoxy Rust Inhibitive Primer
d. Moore: M36-00/M37 Polyamide Epoxy Clear
Sealer/Finish
e. R-O: 9100 System High Performance Epoxy
f. SoW: DTM Wash Primer B71Y1
2) Topcoat: Aliphatic polyurethane enamel applied at
spreading rate recommended by manufacturer to achieve a
dry film thickness of 1.5 to 4.0 mils.
a. DuPont: Imron 33M High Gloss Polyurethane Enamel
b. ICI: Devthane 369 Aliphatic Urethane Gloss Enamel
c. International: Interthane 990 Low VOC thin Film
Polyurethane
d. Moore: M74/M75 Aliphatic Acrylic Urethane Gloss
e. R-O: 9800 Sytem Urethane High Build Mastic
Coatings
f. SoW: Corothane II Gloss B65W400 Series
Moore: M73/M75 Aliphatic Acrylic Urethane Semi-
Gloss
2.02 SWING GATES AND GATE FRAMES
1. Gate Frames: Fabricate ornamental picket swing gate using galvanized steel
members, ASTM A78, structural quality steel, 45000 psi tensile strength, with
galvanized G90 coating. Frame members welded using stainless steel
welded to form rigid one-piece unit. Minimum size vertical uprights, 2" square
13 gauge wall thickness.
2. Ornamental Picket Infill: .U. channel rails, formed from hot rolled, structural
steel, 1-3/8" wide X 1-1/2" deep, 11 gauge wall thickness. Punch rails to
receive pickets, and weld inside gate frame. Pickets, galvanized steel, to
match fence. Attach pickets to .u. rails by 1/4" industrial drive rivets, size #4.
3. Bracing: Provide diagonal adjustable length truss rods on gates to prevent
sag.
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4. Hardware Materials: Galvanized steel or malleable iron shapes to suit gate
size.
5. Hinges: Structurally capable of supporting gate leaf and allow opening and
closing without binding. Non-lift-off type hinge design shall permit gate to
swing 1800.
6. . Latch: Capable of retaining gate in closed position and have provision for
padlock.
7. Keeper: Provide keeper for each gate leaf over 5' wide. Gate keeper shall
consist of mechanical device for securing free end of gate when in full open
position.
8. Double Gates: Provide drop rod to hold inactive leaf. Provide gate stop pipe
to engage center drop rod. Provide locking device and padlock eyes as an
integral part of latch, requiring one padlock for locking both gate leaves.
9. Gate Posts: Square members, ASTM A787, structural quality steel 45,000 psi
tensile strength, with galvanized G90 coating.
2.03 SETTING MATERIALS
A.
Concrete: Minimum 28 day compressive strength of 3,000 psi.
PART 3
EXECUTION
3.01 EXAMINATION
A. Verify areas to receive fencing are completed to final grades and
elevations.
B. Ensure property lines and legal boundaries of work are clearly
established.
3.02 ORNAMENTAL PICKET INSTALLATION
A. Install fence in accordance with manufacturer's instructions.
B. Space posts uniformly as indicated on the drawings.
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C. Concrete set posts: Drill holes in firm, undisturbed or compacted soil.
Holes shall have a diameter four times greater than the outside dimension
of the post, and depths 6" deeper than the post bottom. Excavate deeper
as required for adequate support in soft or loose soils, and for posts with
heavy lateral loads. Set post bottom 36" below surface when in firm,
undisturbed soil. Place concrete around posts in a continuous pour.
Trowel finish around posts. Slope top of concrete to direct water away
from the post.
1. Gate posts and hardware: Set keepers, stop, sleeves into concrete.
Check each post for vertical and top alignment, and maintain in
position during placement and finishing operations.
D. Check each post for vertical and top alignment, and maintain position
during placement and finish operation.
E. Align fence panels between posts. Firmly attach rail brackets to posts with
1/4" bolt and lock nut, ensuring panels and posts remain plumb.
3.03 GATE INSTALLATION
A. Install gates plumb, level, and secure for full opening without interference.
B. Attach hardware by means which will prevent unauthorized removal.
C. Adjust hardware for smooth operation.
3.04 ACCESSORIES
A. Install post caps and accessory panels to complete fence.
3.05 PAINTING
A. With Applicator present, examine substrates and conditions under which
high-performance coatings will be applied, for compliance with coating
application requirements.
B. Apply coatings only after unsatisfactory conditions have been corrected
and surfaces to receive coatings are thoroughly dry.
C. Start of application is construed as Applicator's acceptance of surfaces
within that particular area.
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D. Coordination of Work: Review other Sections in which primers or other
coatings are provided to ensure compatibility of total systems for various
substrates. On request, furnish information on characteristics of specified
finish materials to ensure compatible primers.
1. If a potential incompatibility of primers applied by others exists,
obtain the following from the primer Applicator before proceeding:
a. Confirmation of primer's suitability for expected service
conditions.
b. Confirmation of primer's ability to be top coated with
materials specified.
2. Notify Architect about anticipated problems before using the
coatings specified over substrates primed by others.
3.06 PREPARATION FOR PAINTING
A. General: Remove plates, machined surfaces, and similar items already in
place that are not to be coated. If removal is impractical or impossible
because of size or weight of item, provide surface-applied protection
before surface preparation and coating.
B. After completing coating operations, reinstall items that were removed;
use workers skilled in the trades involved.
C. Cleaning: Before applying high-performance coatings, clean substrates of
substances that could impair bond of coatings. Remove oil and grease
before cleaning.
D. Schedule cleaning and coating application so dust and other contaminates
from cleaning process will not fall on wet, newly coated surfaces.
E. Surface Preparation: Clean and prepare surfaces to be coated according
to manufacturer's written instructions for each substrate condition and as
specified.
F. Provide barrier coats over incompatible primers or remove primers and re-
prime substrate.
G. Nonferrous-Metal Substrates: Clean nonferrous and galvanized surfaces
according to manufacturer's written instructions for the type of service,
metal substrate, and application required.
1. Remove pretreatment from galvanized sheet metal fabricated from coil
stock by mechanical methods.
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3.07 MATERIAL PREPARATION
A. Carefully mix and prepare coating materials according to manufacturer's
written instructions.
B. Maintain containers used in mixing and applying coatings in a clean
condition, free of foreign materials and residue.
C. Stir materials before applying to produce a mixture of uniform density. Stir
as required during application. Do not stir surface film into the material.
Remove film and, if necessary, strain coating material before using.
D. Use only the type of thinners approved by manufacturer and only within
recommended limits.
E. Tint each undercoat a lighter shade to facilitate identification of each coat
if multiple coats of the same material are to be applied. Tint undercoats to
match color of finish coat, but provide sufficient difference in shade of
undercoats to distinguish each separate coat.
3.08 APPLICATION
A. General: Apply high-performance coatings according to manufacturer's
written instructions.
1. Use applicators and techniques best suited for the material being
applied.
2. Do not apply high-performance coatings over dirt, rust, scale, grease,
moisture, scuffed surfaces, or conditions detrimental to forming a
durable coating film.
3. Coating colors, surface treatments, and finishes are indicated in the
coating system descriptions.
4. Provide finish coats compatible with primers used.
5. The term "exposed surfaces" includes areas visible when permanent
or built-in fixtures, convector covers, grilles, covers for finned-tube
radiation, and similar components are in place. Extend coatings in
these areas, as required, to maintain system integrity and provide
desired protection.
a. Coat surfaces behind movable equipment and fumiture the same
as similar exposed surfaces. Before final installation, coat surfaces
behind permanently fixed equipment or furniture with prime coat
only.
b. Coat back sides of access panels, removable or hinged covers, and
similar hinged items to match exposed surfaces.
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B. Scheduling Coating: Apply first coat to surfaces that have been cleaned,
pre-treated, or otherwise prepared for coating as soon as practicable after
preparation and before subsequent surface deterioration.
1. The number of coats and film thickness required is the same
regardless of application method.
a. Do not apply succeeding coats until previous coat has cured as
recommended by manufacturer.
b. Where manufacturer's written instructions require sanding, sand
between applications to produce a smooth, even surface.
c. Allow sufficient time between successive coats to permit proper
drying. Do not re-coat surfaces until coating has dried to where it
feels firm, does not deform or feel sticky under moderate thumb
pressure, and application of another coat does not cause undercoat
to lift or lose adhesion.
2. If undercoats or other conditions show through final coat, apply
additional coats until cured film has a uniform coating finish, color, and
appearance. Give special attention to edges, corners, crevices, welds,
exposed fasteners, and similar surfaces to ensure that they receive a
dry film thickness equivalent to that of flat surfaces.
C. Application Procedures: Apply coatings by brush, roller, spray, or other
applicators according to manufacturer's written instructions.
1. Brush Application: Use brushes best suited for material applied and of
appropriate size for the surface or item being coated.
a. Apply primers and first coats by brush unless manufacturer's
written instructions permit using roller or mechanical
applicators.
b. Brush out and work brush coats into surfaces in an even
film.
c. Eliminate cloudiness, spotting, holidays, laps, brush marks,
runs, sags, ropiness, or other surface imperfections. Neatly
draw glass lines and color breaks.
2. Rollers: Use rollers of carpet, velvet back, or high-pile sheep's wool as
recommended by manufacturer for the material and texture required.
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3. Spray Equipment: Use mechanical methods to apply coating if
permitted by manufacturer's written instructions and governing
regulations.
a. Use spray equipment with orifice size recommended by
manufacturer for material and texture required.
b. Apply each coat to provide the equivalent hiding of brush-applied
coats.
c. Do not double back with spray equipment building-up film thickness
of two coats in one pass, unless recommended by manufacturer.
D. Minimum Coating Thickness: Apply each material no thinner than
manufacturer's recommended spreading rate. Provide total dry film
thickness of the entire system as recommended by manufacturer.
E. Block Fillers: Apply block fillers to concrete masonry block at a rate to
ensure complete coverage with pores filled.
F. Prime Coats: Before applying finish coats, apply a prime coat of material,
as recommended by manufacturer, to material required to be coated or
finished that has not been prime coated by others.
1. Re-coat primed and sealed substrates if there is evidence of suction
spots or unsealed areas in first coat, to ensure a finish coat with no
burn-through or other defects caused by insufficient sealing.
G. Completed Work: Match approved Samples for color, texture, and
coverage. Remove, refinish, or recoat work that does not comply with
specified requirements.
3.09 FIELD QUALITY CONTROL
A. Owner reserves the right to invoke the following procedure at any time and
as often as Owner deems necessary during the period when coatings are
being applied:
1. Owner will engage the services of a qualified testing agency to
sample coating material being used. Samples of material delivered
to Project site will be taken, identified, sealed, and certified in
presence of Contractor.
2. Testing agency will perform appropriate tests for the following
characteristics as required by Owner:
a.
Quantitative materials analysis.
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b. Absorption.
c. Accelerated weathering.
d. Accelerated yellowness.
e. Color retention.
f. Alkali and mildew resistance.
g. Abrasion resistance.
h. Apparent refl~ctivity.
i. Washability.
j. Dry opacity.
k. Recoating.
I. Skinning.
3. Owner may direct Contractor to stop applying coatings if test results
show materials being used do not comply with specified
requirements. Contractor shall remove non-complying coating
materials from Project site, pay for testing, and recoat surfaces
coated with rejected materials. If necessary, Contractor may be
required to remove rejected materials from previously coated
surfaces if, on recoatin9 with specified materials, the two coatings
are not compatible.
3.10 PROTECTION
A. Protect work of other trades, whether being coated or not, against damage
from coating operation. Correct damage by cleaning, repairing, replacing,
and recoating, as approved by Architect, and leave in an undamaged
condition.
B. Provide "Wet Paint" signs to protect newly coated finishes. After
completing coating operations, remove temporary protective wrappings
provided by others to protect their work.
C. At completion of construction activities of other trades, touch up and
restore damaged or defaced coated surfaces. Comply with procedures
specified in PDCA P1.
3.11 CLEANUP
A. Cleanup: At end of each workday, remove rubbish, empty cans, unused
material, rags, and other discarded materials from Project site.
B. After completing coating application, clean spattered surfaces. Remove
spattered coatings by washing, scraping, or other methods. Do not
scratch or damage adjacent finished surfaces.
END OF SECTION 02821
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SECTION 02950
TREES, SHRUBS & GROUNDCOVER
PART 1 GENERAL
1.01 RELATED DOCUMENTS
A. All applicable provisions of the BIDDING REQUIREMENTS, CONTRACT
FORMS, and CONDITIONS OF THE CONTRACT AND DIVISION 1,
GENERAL REQUIREMENTS shall govern the work of this Section.
1.02 WORK INCLUDED
A. Provide all labor, materials, necessary equipment, services and included
but not limited to all related work to complete the Trees, Plants and
Groundcovers work, as indicated on the Drawings, as specified herein or
both, except for items specifically indicated as "NIC ITEMS".
1.03 RELATED WORK
A. Examine Contract Documents for requirements that affect the work of this
Section. Other specification Sections which directly relate to the work of
this Section include, but are not limited to:
1. Section 01010, Schedule
2. Section 01010, Summary of Work
3. Section 02100, Site Preparation
1.04 REFERENCES
A. Comply with applicable requirements of the following standards. Where
these standards conflict with other specified requirements, the most
restrictive requirements shall govern.
1. State of Florida Department of Agriculture and Consumer Services
(FDOA):
Ref. 1 Grades and Standards for Nursery plants.
Ref. 2 Grades and Standards for Nursery Plants-Part 11- Palms and
Trees.
1.05 SUBMITTALS
A. Certificate of inspection of plant material by State Authorities.
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B. Samples: the following samples shall be submitted:
Material
Sample Size
Mulch
Peat
Planting Soil
Topsoil from Off-site Sources
Soil Moisturizer
1 Cu. Ft.
1 Cu. Ft.
1 Cu. Ft.
1 Cu. Ft.
1 packet
C. Certificates: Labels from the manufacturers container certifying that the
product meets the specified requirements shall be submitted for the
following materials:
a. Commercial fertilizer.
D. Test Reports: test reports from an approved testing agency indicating
compliance with the specifications shall be submitted for topsoil, peat,
planting soil mixture, and any other materials designated by the Landscape
Architect.
1.06 OWNERS INSPECTION AND TESTING
A. Work will be subject to inspection at all times by the Landscape Architect.
The Owner reserves the right to engage an independent testing laboratory
in accordance with requirements of the conditions of the Contract to
analyze and test materials used in construction of the work. Where
directed by the Landscape Architect, the testing laboratory will make
material analysis and will report to the Landscape Architect whether
materials conform to the requirements of this specification.
B. Cost of tests and materials analysis made by the testing laboratory will be
borne by the Owner when they indicate compliance with the specification,
and by the Contractor when they indicate non-compliance.
C. Testing equipment will be provided by and tests performed by the testing
laboratory. Upon request by the Landscape Architect, the Contractor shall
provide such auxiliary personnel and services needed to accomplish the
testing work.
D. Gradation of granular material shall be determined in accordance with
ASTM C 136. Sieves for determining material gradation shall be as
described in ASTM E-11.
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1.07 CONTRACTORS INSPECTION AND TESTING
A. Testing analysis. and inspection required by the Contractor for his own
information or guidance shall be at his own expense.
B. The Contractor shall engage an independent testing agency, acceptable to the
Landscape Architect, to perform the following tests and analysis:
Material
Tests and Analysis Required
Topsoil
Determination of pH, organic content, and nutrient content.
recommendation shall be made by the testing agency as to the
type and quantity of soil additives required to bring nutrient
content and pH to satisfactory levels for planting.
Peat
Identification of source and pH.
1.08 SOURCE QUALITY CONTROL
A. Identification of plant names shall be current commonly accepted names.
B. Selection of plant materials
1. Submit to the Landscape Architect the names and locations of nurseries
proposed as sources of acceptable plant material. Inspect all nursery
materials to determine that the materials meet the requirements of this
Section. proposed materials shall be flagged at the nurseries by the
Contractor prior to viewing by the Landscape Architect.
2. Schedule with the Landscape Architect a time for viewing plant material
at the nursery. Trips to nurseries shall be efficiently arranged to allow
Landscape Architect to maximize his viewing time. A minimum of six
weeks shall be allowed for this viewing prior to the time that the plants
are to be dug.
a. The Landscape Architect will make three planting selection trips in
connection with the work of this Contract.
b. Costs of any subsequent plant selection trips shall be borne entirely
by the Contractor. The cost of a planting materials selection trip shall
include reimbursable expenses such as the cost of transportation,
meals, lodging and all other ordinary and necessary costs associated
with plant selection. The cost shall also include inspection time to be
charged at the rate of $60.00Ihour. The Contractor shall be billed for
these expenses for each additional trip the Landscape Architect must
make in order to secure acceptable plant materials in conformance
with the requirements of this specification.
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3. Landscape Architect may choose to attach his seal to each plant, or
representative samples.
4. Where requested by the Landscape Architect, photographs of plant
material or representative samples of plants shall be submitted.
5. Viewing and/or sealing of plant materials by the Landscape Architect at
the nursery does not preclude the Landscape Architect's right to reject
material at the site of planting.
1.09 UNAVAILABILITY OF PLANT MATERIAL
A. Before changes or substitutions can be made due to unavailability of plant
material, submit satisfactory evidence that he has undertaken methods of
locating plant material satisfactory to the Landscape Architect.
1.10 DELIVERY, STORAGE, AND HANDLING
A. Digging Plant Material
1. Plants shall not be dug at the nursery or approved source until the
Contractor is ready to transport them from their original locations to the
site of the work or acceptable storage location.
B. Transportation of Plant Material
1. Plants transported to the project in open vehicles shall be covered with
tarpaulins or other suitable covers securely fastened to the body of the
vehicle to prevent injury to the plants. Closed vehicles shall be
adequately ventilated to prevent overheating of the plants.
2. Plants shall be kept moist, fresh, and protected at all times. Such
protection shall encompass the entire period during which the plants are
in transit, being handled, or are in temporary storage.
3. Unless otherwise authorized by the Landscape Architect, notify the
Landscape Architect at least two working days in advance of the
anticipated delivery date of any plant material. A legible copy ofthe bill of
lading, showing quantities, kinds, and sizes of materials included for
each shipment shall be fumished to the Landscape Architect.
C. Storage
1. Unless written authorization is obtained from the Landscape Architect, no
plants shall remain on site when work is not in progress.
2. Plants that are not planted immediately shall be protected as follows:
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a. Earth balls shall be kept moist and their solidity carefully preserved.
b. Container plants should be placed in a shaded area and kept moist
until planted.
3. Both the duration and method of storage of plant materials shall be subject
to the written approval of the Landscape Architect.
4. Handling of Plant Materials
a. Exercise care in handling plant materials to avoid damage or stress.
1.11 REJECTION OF MATERIALS
A. Evidence of improper transport including, but not limited to inadequate
protection against drying out in transit shall be cause for rejection.
B. Upon arrival to the site of the work, plants shall be inspected for proper shipping
procedures. Should the roots be dried out, large branches be broken, balls of
earth broken or loosened, or areas of bark be torn, the Landscape Architect will
reject the injured plant.
C. When a plant has been rejected, remove it from the area of work and replace it
with one of the required size and quality.
1.12 PLANTING SEASON
A. Planting shall be performed when weather and soil conditions are suitable for
planting the material specified, in accordance with locally accepted practice.
1.13 SUBSTANTIAL COMPLETION
A. The Landscape Architect will inspect all work for Substantial Completion upon
written notice of completion. The request shall be received at least ten calendar
days before the anticipated date of inspection.
B. Acceptance of plant material by the Landscape Architect will be for general
conformance to specified size, character, and quality, and shall not diminish
responsibility for full conformance with the Contract Documents.
C. Upon completion and reinspection of all repairs or renewals necessary in the
judgement of the Landscape Architect, the Landscape Architect will recommend
to the Owner that the work of this Section be accepted as Substantially
Complete.
D. Acceptance in Part
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1. The work may be accepted in parts when it is deemed to be in the
Owner"s best interest to do so, and when permission is given to the
Contractor in writing to complete the work in parts.
2. Acceptance and use of such areas by the Owner shall not waive any other
provisions of this Contract.
1.14 MAINTENANCE
A. Maintain plant material as described elsewhere in this specification.
1.15 GUARANTEE
A. Plants shall be guaranteed for a period of one year after the date of Substantial
Completion.
1. When the work is accepted in parts, the guarantee periods shall extend
from each of the partial acceptances to the terminal date of the last
guarantee period. Thus all guarantee periods terminate at one time.
B. Plants shall be healthy, free of pests and disease, and in flourishing condition at
the end of the guarantee period. Plants shall be free of dead and dying branches
and branch tips, and shall bear foliage of normal density, size, and color.
C. Replace dead plants and all plants not in a vigorous, thriving condition, as
determined by the Landscape Architect, during and at the end of the guarantee
period, without cost to the Owner, as soon as weather conditions permit and
within the specified planting period.
D. Replacements shall closely match adjacent specimens of the same species.
Replacements shall be subject to all requirements stated in these specifications.
E. Make all necessary repairs caused by plant replacement activities. Such repairs
shall be done to the satisfaction of and at no cost to the Owner.
F. The guarantee of all replacement plants shall extend for an additional one year
period from the date of their acceptance after replacement. In the event that a
replacement plant is not acceptable during or at the end of the said extended
guarantee period, the Owner may elect either one more replacement, without
guarantee, or credit for each item.
G. Make as many periodic inspections as necessary during the guarantee period, at
no additional cost to the Owner, to inspect the condition of all plant materials.
Submit a written report of each inspection to the Owner and the Landscape
Architect outlining corrective measures required in order to keep the guarantee
valid.
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H. The Contractor shall remove staking and guying materials according to the
following schedule:
1. Palms, nine months after Substantial completion after hurricane season of
the corresponding year which ever occurs later.
2. Trees, three months after substantial completion after hurricane season of
the corresponding year which ever occurs later.
I. Trees that have been staked or braced must maintain proper verticality and
remain plumb until the end of the guarantee period.
J. Guarantee does not cover damage as a result of acts of God or vandalism
providing these acts are self-evident. However, the aforementioned acts will not
waive the contractor liability for plants that were damaged before being
subjected to these acts.
1.16 FINAL INSPECTION AND FINAL ACCEPTANCE
A.
At the end of the guarantee period, the Landscape Architect will, upon written
notice of the end of the guarantee period inspect the work for Final Acceptance.
Request shall be received at least ten calendar days prior to the anticipated
date for Final Inspection.
B.
Upon completion and re-inspection of full repairs or replacements necessary in
the judgment of the Landscape Architect at that time, the Landscape Architect
will recommend to the Owner that Final Acceptance- of the work of this Section
be given.
PART 2
PRODUCTS
2.01 PLANTS
A. Except as otherwise specified, size and shape of plant material shall conform to
FDOA Ref 1 and Ref 2. Where size exceeds that indicated in FDOA Ref 1 or
Ref 2, the ball size shall be proportionally larger.
B. All plant material shall be at least Florida #1, or better. Plants indicated on the
plant list to be Florida Fancy shall be Florida Fancy or better. All plants shall
have outstanding form; symmetrical, heavily branched with an even branch
distribution, densely foliated and/or budded, and a strong, straight, distinct
leader where this is a characteristic of the species. Plants shall possess a
normal balance between height and spread. The Landscape Architect will be
the final arbiter of the acceptability of plant form.
C. Plants shall be healthy and vigorous, and free of disease, insects and pests and
their eggs, and larvae.
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D. Plants shall have a well developed fibrous root system.
E. Plants shall be free of physical damage such as scrapes, broken or split
branches, scars, bark abrasions, sun scalds, fresh limb cuts, disfiguring knots,
or other defects.
F. Plants shall meet the size requirements indicated on the plant list. Plants larger
or smaller than specified may be used only if accepted by the Landscape
Architect.
G. Where a caliper or size range is specified, at least 50% of the material shall be
closer to the top of the range stated.
H. Plants shall not be pruned before delivery. Prune a sample of each tree or
shrub for Landscape Architects' approval prior to commencing pruning
operations.
I. Plants indicated as "B&B" shall be balled and burlapped.
1. Unless otherwise permitted by the Landscape Architect plants shall be
nursery grown.
2. Plants shall be grown for at least two years under climatic conditions
similar to those in the local of the Project.
3. Nursery grown plants shall be freshly dug. No healed in plants or plants
from cold storage will be accepted unless otherwise permitted by the
Landscape Architect.
4. Unless otherwise noted all plants shall be nursery grown, not collected.
J. Container grown plants shall be well rooted and established in the container in
which they are growing. they shall have grown in the container for a sufficient
length of time for the root System to hold the planting medium when taken from
the container, but not long enough to become root bound. Container grown
plants exceeding the sizes indicated in ANSI Z60.1 shall have containers which
are not less than 75% of the ball sizes for comparable B&B plant material.
Circling roots shall not be severed when the specimen is planted. Each
container plant shall be inspected and root pruned as needed.
1. Canes or Trunk(s) and Branches:
a.
Very well formed and sturdy.
Branching plentiful and uniformly distributed to form a
b.
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well balanced plant.
c. Scars shall be free from rot and shall not exceed 1/4 the diameter
of the wood beneath in greatest dimension unless completely
healed (except pruning scars).
d. Pruning scars shall be clean cut leaving little or no
protrusion from the trunk or branch.
e. Graft union completely healed.
f. No mechanical or pest damage.
g. No extreme succulence.
2. Foliage
a. Densely supplied with healthy, vigorous leaves of normal
size, color, and texture.
b. No holes, cavities, or depressed areas caused by broken
or dead branches or insufficient foliage.
c. No chlorosis.
d. No more than 5% of total foliage affected by pest or mechanical
damage.
3. Root system
a. Sturdily established in container.
b. Shall not be root-bound except plants deliberately grown root-
bound to produce a dwarf plant.
c. No large roots growing out of containers.
2.02 SOIL MATERIALS
B.
Sand: sand shall be a well washed, medium to coarse sand free of silt
and sludge. Cyclone sand is not acceptable.
Muck: Muck shall be peat material removed from areas marked "Florida
Everglades Peat" on Soil Conservation Service Soils Maps. Muck shall
be suitable for plant growth, capable of sustaining vigorous plant growth,
and specifically pulverized for agricultural use. Florida peat shall be free
A.
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of deleterious materials that would be harmful to plant growth, shall be
free of nematodes, shall be uniform in quality, and shall have a pH of
between 5.5 and 6.5 as determined by ASTM E70. Muck shall be
sterilized to make it free of all viable nut grasses and other undesirable
weeds.
2.03 PLANTING SOIL
A. Planting soil for trees and shrubs shall be a mixture of 60% lawn sand
and 40% muck, by volume.
B. Planting soil for palms shall be a mixture of 80% lawn sand and 20%
muck, by volume.
C. Before planting materials are installed, test planting soil and amend
planting soil as recommended by the Testing Laboratory such that
planting soil pH falls within the range required to promote and maintain
healthy plant growth.
2.04 SOIL MOISTURIZER
A.
Soil Moisturizer: Soil moisturizer
moisturizer, manufactured by
Bradenton, FL.
shall be equal to "Terrasorb" soil
Industrial Services International,
1. Proportions: Planting soil shall be amended by the addition of soil
moisturizer in the following amounts:
a. For trees and palms up to 36 in. dia. root ball: Use one 3 oz.
packet.
b. For trees and palms with root ball larger than 36 in. dia.: Use two
3 oz. packets.
c. For bedding areas: Use one 3 oz. packet for every 20 sq. ft. of
planting area with packets placed at 3 ft. depth, or as deep as
practicable.
2.05 WATER
A.
Water shall be suitable for irrigation and shall be free from ingredients
harmful to plant life.
B.
Contractor is responsible for providing the necessary watering
requirements.
BID NO: 34-01102
DATE: 05/17/02
CITY OF MIAMI BEACH
154
2.06 ALUMINUM SULFATE
A. Aluminum sulfate shall be unadulterated and shall be delivered in
containers with the name of the manufacturer and net weight of
containers.
2.07 COMMERCIAL FERTILIZER
A. Fertilizer content shall conform to the following:
Constituent
% Present by Weight
Nitrogen(N)
Phosphorus(P)
Potassium(K)
(50% in slow release form)
10
5
8
(50% in slow release form)
1. 50% of nitrogen shall be derived from natural organic source of
urea form. 50% of nitrogen shall be derived from slow release
nitrogen.
2. Available phosphorus shall be derived from super phosphate,
bone meal, or tankage.
3. Potassium shall be derived from sulphur-coated potassium. 50%
of potassium shall be derived from slow release potassium.
B. Fertilizer shall be delivered in manufacturer's standard sealed, original,
unopened container printed with manufacturer's name, material weight
and guaranteed analysis.
C. Controlled-release fertilizer shall be equal to the following:
Product
Manufacturer
10-5-8
Palm Mix Atlantic F.E.C.
and General Fertilizer
18375 S.W 260 Street
Homestead, FL 33031
Agriform 20-10-5
Planting Tablets
Sierra Chemical Co.
Milpitas, CA 95035
BID NO: 34-01/02
DATE: 05120/02
CITY OF MIAMI BEACH
155
2.08 MULCH
A. Mulch shall be shredded Grade "A" Eucalyptus mulch, manufactured by
AAction Nursery Products, Inc., Fort Myers, FL 33911, or approved
equal.
2.09 GUYING AND STAKING MATERIALS
A. Wood Stakes and Braces: Straight, sound, rough lumber not less than 2
x 4 in. Stakes shall be stained green.
B. Wire for staking and guying: Galvanized steel 12 gauge wire. Thimbles
and nicropress clips shall be used for connections and splices.
C. Turnbuckles: Galvanized steel with an 8 in. lengthwise opening fitted with
eyebolts.
D. Deadmen: Sound, rough sawn lumber 2 x 4 in., 24 in. long or other
material approved by the Landscape Architect.
E. Hose: High quality braided rubber hose, 3/4 in. diameter and suitable
length, black in color.
F. Black Webbing Tape: as supplied by Terra International, Inc., Miami,
Florida, Landscape Supplies, Miami, Florida or approved equal may be
used in lieu of wire and turnbuckles.
G. Bracing for palms shall be as shown on the details.
2.10 ANTIDESICCANT
A. Anti-desiccant shall be an emulsion specifically manufactured for plant
protection which provides a protective film over plant surfaces which is
permeable enough to permit transpiration. Anti-desiccant shall be
delivered in manufacturer's sealed containers and shall contain
manufacturer's printed instructions for use.
B. Anti-desiccant shall be equal to the following:
Product
Manufacturer
Wilt-Pruf
Wilt-Pruf Products, Inc.
Greenwich, CT 06830
BID NO: 34-01102
DATE: 05/20/02
CITY OF MIAMI BEACH
156
2.11 FUNGICIDE
A. Fungicide shall be zinc ethylene bisdithiocarbonate (Zineb) or equal.
PART 3
EXECUTION
3.01 . EXAMINATION OF SUBGRADE
A. Examine subgrade and rough grade before planting. Alert Landscape
Architect to unacceptable rough grading or subgrade.
3.02 DRAINAGE OF SOILS
A. The Contractor shall notify the Landscape Architect, in writing, of all soil
or drainage conditions that he considers detrimental to growth of plant
material. Submit proposal and cost estimate for correction of the
conditions for Landscape Landscape Architects approval before starting
work.
3.03 LAYOUT OF PLANTING AREAS
A. Individual plant (as per plant list on the drawings) locations and outlines
of shrub and groundcover areas to be planted shall be staked by the
Contractor in ample time to allow inspection by the Landscape Architect.
B. Digging shall not begin until locations are approved by the Landscape
Architect.
3.04 PREPARATION OF SUBGRADE
A. Subgrade of planting areas shall be loosened or scarified to a minimum
depth of 3 in. prior to spreading planting soil. Subgrade shall be brought
to true and uniform grade and shall be cleared of stones greater than 2
in., sticks, and other extraneous material.
3.05 PLANT PIT EXCAVATION
A.
Planting pits for trees and shrubs shall be excavated to the depth and
dimension indicated on the Drawings.
B.
Excavation shall not begin until locations are approved by the Landscape
Architect.
BID NO: 34-01102
DATE: 05120/02
CITY OF MIAMI BEACH
157
3.06 SPREADING OF PLANTING SOIL
A. Planting soil shall be spread and placed to required depths.
B. Surfaces shall be graded and smoothed. eliminating all sharp breaks by
rounding. scraping off bumps and ridges. and filling in holes and cuts.
3.07 PLANTING
A. Walls of plant pits shall be dug so that they are vertical and scarified.
B. Plants shall be set as indicated on Drawings. Plants shall have same
relationship to finish grade as in the nursery.
C. Plants shall be turned to the desired orientation when required by the
Landscape Architect.
D. Containerized plants shall be removed from container taking care not to
damage roots. The side of the root ball shall be scarified to prevent root
bound condition and the plant positioned in the planting pit.
E. Plant shall be positioned in the center of the plant pit, set plumb, and
rigidly braced in position until all planting soil has been placed solidly
around the ball.
F. Mix 1/2 required quantity of soil moisturizer evenly in plant pit. Mix
remaining 1/2 in backfill for hole. Soil shall be worked carefully into voids
and pockets. tamping lightly every 6 in.
1. When pit is 2/3 full, plants shall be watered thoroughly, and water
left to soak in before proceeding.
2. At this time ropes or strings on top of balls shall be cut and pulled
back. Burlap or cloth wrapping shall be left intact around ball
except that portions of wrap that are exposed on top of the ball
shall be turned under and buried. Non-biodegradable ball
wrapping and support wire shall be totally removed from ball and
plant pit.
G.
Backfilling and tamping shall then be finished and a saucer formed
around the plant pits as indicated on the Drawings.
H.
Saucer shall be filled with water and left to soak in. Saucer shall then be
filled with water again.
BID NO: 34-01102
DATE: 05120102
CITY OF MIAMI BEACH
158
3.08 APPLICATION OF FERTILIZER
A. Fertilizer shall be applied when planting pits are backfilled two thirds full.
Fertilizer shall be of the type, rate, and timing recommended by the
Testing Laboratory to promote and maintain healthy growth for each
plant type.
B. Controlled Release Fertilizer:
1. Controlled release fertilizer shall be surface applied at the rate of
10 pounds per 1000 sq. ft. of surface area.
2. Controlled release fertilizer shall be applied three times per year,
including during the guarantee period.
3.09 FUNGICIDE SPRAYING
A. Immediately after planting, all trunks of deciduous trees shall be sprayed
with fungicide, applied as directed by the chemical manufacturer.
3.10 STAKING AND GUYING
A. Each tree shall be staked or guyed immediately after planting. Plants
shall stand plumb after staking or guying.
3.11 MULCHING
A. Mulch shall be applied as follows (entire area listed shall be mulched):
Plant Type Mulch Area Depth(in.)
Tree Saucer 3
Palm Saucer 3
Shrub Saucer or Bed 2
Groundcover Bed 2
3.12 PRUNING
A. Each tree and shrub shall be pruned to preserve the natural character of the
plant. Pruning shall be done after the delivery of plants and after plants have
been inspected and approved by the Landscape Architect. Pruning procedures
shall be reviewed with the Landscape Architect before proceeding.
B. Pruning shall be done with sharp, clean tools. Cuts shall be made flush, leaving
no stubs. No tree paint shall be used.
BID NO: 34-01102
DATE: 05/20/02
CITY OF MIAMI BEACH
159
C. Deadwood, suckers. and broken and badly bruised branches shall be removed.
3.13 MAINTENANCE OF PLANTING
A. Maintenance shall begin immediately after each plant is planted and shall
continue until substantial Completion.
B. Maintenance shall consist of pruning, watering, cultivating, weeding, mulching,
removal of dead material, repairing and replacing of tree stakes, tightening and
repairing of guys, resetting plants to proper grades and upright position, and
furnishing and applying such sprays as are necessary to keep plants free of
insects and disease, and in a healthy growing condition.
C. Planting areas shall be kept free of weeds, grass, and other undesired
vegetative growth.
D. Maintenance Instruction: Prior to the end of the maintenance period, furnish
three copies of written maintenance instructions to the Owner and Landscape
Architect for maintenance and care of installed plants throughout their full
growing season.
3.14 CLEANING
A. Fill all pits and depressions in holding area and rough grade to meet surrounding
elevations. Remove any debris resulting from the planting process.
B. Sweep and wash all paved surfaces.
END OF SECTION 02950
BID NO: 34-01/02
DATE: 05120/02
CITY OF MIAMI BEACH
160
03000 BID PROPOSAl FORM
BID NO. 34-01/02
NORTH SHORE PARK OPEN SPACE PARK - PHASE II
(BID FORM)
This proposal shall include the total cost for supplying all labor, materials, tools,
equipment and supervision necessary to complete the North Shore Open Space Park _
Phase II project as per plans and specifications.
The bid items on the plans are listed as an aid to the bidders and are not intended to be
a complete list of materials. It shall be the Contractor's responsibility to determine
quantities and provide all materials, labor, equipment and supervision, necessary to
complete the job as specified in the plans and technical specifications. The installation
guarantee and maintenance shall be included in the lump sum cost.
TOTAL LUMP SUM BID
$ ~\ I <.c::o.~1
1;'-0. ~~O("R.tO S~t:'-\ 0>.a ~d ~ ~"'d(..~ W'1 - 9.'Acc
\ Written Amount
FIRM'S NAME (Print or Type): ~rll~(\.2 ~r""c:'Q~ \,-((\.
SIGNATURE:
TITLE/PRINTED NAME: LA ZA ec ~ -Z A ~--z... - '\J. ,u.. ~.-:::. \ \:)i ('(""\
ADDRESS: \DC\? \ to\-\- c:::,,,. C"":S,. C\o'-jc\ ~ &4'lnC;
TELEPHONE NUMBER: ~c, . q.,::>, - q~~~ FAX: ~~ -q.:" _ q~qq
Please let us know how your company was informed of this bid opportunity.
~~o..~d ~~
BID so: 34-01102
DA T[: 05/20/02
CITY OF MlAMl BEACH
161
UNIT PRices
Unit prices are for informational purposes only. Recommendation of award will be based
on the Lump Sum Bid. These unit prices may be used for additional services and/or for
the basis in determining cost, relative to Value Engineering/Negotiations as required.
I QTY UNIT UNIT COST COST
WAlKWAYS:
WIDEN EXISTING 8' WIDE ASPHAL TWALKWAYSBY 4' :~Cjl:'.O SY \ \ '1-z.
MILLING AND RESURFACING \ . - SY ~."l'Z. ~."iSZ
SUB.BASE STABILIZATION I Pu- -I-\C" '0, OC! I""".. ~ f.':&. bi~
4" L1MEROCK BASE 505' SY ,.~ ,t:e ,2-..),1 ClC
1" ASP HAL T TOPPING 19J1.' ~Ii C' ....... , SY <\l.., , L."n. .1. .1;1
DEMOLITION OF EXISTING WALKWAY n c.y '2n~ \ten.I..:I:
PAVER ENTRANCE APPROACH rv~~~~~ ."\ .3 . 13.2F.OO q,."> CO
CURB & GUTTER \ . '"'~ L~ ALLOW 7, .c..~
FINE GRADING i2 Ii. oJ" ALLOW b,.Q;:; PAaT cc: b~n
SIGNING AND STRIPING {~,,- ~C . .""'\ ; \ ALLOW IlDC11O. .-0 t.A,0 >:,
UTILITY ADJUSTMENT \ IV..-;-.-~ ' ALLOW vn.~O V~ - 'oM
MISC. DEMOLITION I "2 ALLOW ::;1,,;,o.l.l\ 0<-, ,,,,'a,A
SITE FURNISHINGS:
BENCHES (INSTALLATION ONLY) \ EACH 100 .e>o \ \lDtlO
BIKE RACKS (INSTALLATION ONLY) ... EACH ,,"Z. "50 Afno C(
DRINKING FOUNTAINS .. EACH I ~I'c;" t..<i 10..,.... <<-
FENCING ADJUSTMENT .7"" ALLOW i~.., 5C ~r",c::' ~.
GATES i EACH 1\"1'b'2. c<: ','7Q tC
POOPER SCOOPER STATIONS .; EACH 7J? C"~, <;(C'hCO
TRASH RECEPTACLES (INSTALLATION ONLY) \'l. EACH (",?o, :"1-5 ,._,.,,>Cc
VITA COUSE -12 STATIONS (INSTALLATION ONLY) \ EACH '}""~.CC 1..._C\I
PLAY TILES (INSTALLATION ONL Yl 2.~,,-z. ALLOW ,.~ \q . -p
LIGHT POLES ~\t> EACH };A4.:!ooC \t. \ Ic'!o<i: 0Cl
ELECTRICAL DISTRIBUTION ru, "\o1..:A Q,,~,,---.. ""'\ \ ALLOW 14-", ,.,.z. ~ 4--." . :;c
-- \ ,
PLANTING & IRRIGATION:
PALMS ,~ EACH 3!50 or..
SHRUBS \ Gl"l EACH Co.OO 11~:lC
REMOVAL OF PLANT MATERIAL (ill, Q.... CL- lr-s.""\ , ALLOW 00 -
\ . TOTAL:
NORTH SHORE OPEN SPACE PARK PHASE II
RECREATIONAL CORRIDOR
tt
f2.
fZ
Should prospective bidders determine that any of the Estimated Quantities have a
+/- variance of 10% or more, bidders should request clarification prior to the deadline
for questions date. (This is usually 10 calendar days prior to Bid Opening Date)
BID r>iO: 34-01/02
D.-HE: OS/20/02
CITY OF MIAMI BEACH
162
04000. ACKNOWLEDGEMENT OF ADDENDA
Invitation for Bid No. 34~1/02
Directions: Complete Part I or Part II, whichever applies.
Part I: Listed below are the dates of issue for each Addendum received in connection
with this Bid:
Addendum No.1, Dated
Addendum No.2, Dated
Addendum No.3, Dated
Addendum No.4, Dated
Addendum No.5, Dated
Part II:
x
No addendum was received in connection with this Bid.
Verified with Procurement staff
Date
'14.c.
<p\ \"5 \O""l...
Date
BID NO: 34-01/02
DATE: 05/20102
CITY OF MIAMI BEACH
163
05000.
CUSTOMER REFERENCE LISTING
BID NO. ~1J02
NORTH SHORE OPEN SPACE PARK. PHASE II
CUSTOMER REFERENCE LISTING
Contractor's shall furnish the names, addresses, and telephone numbers of a minimum
of eight (8) firms or govemment organizations for which the Contractor is currently
furnishing or has furnished, similar services. Minimum Requirements: Prospective
Bidders (General Contractor and/or their subcontractor) must have 3 years experience in
providing the Scope of Work stated in this bid document. Bidders shall provide
references for a minimum of 4 separate projects of one-hundred thousand dollars
(5100,000) or higher in construction work. The prospective bidder (General Contractor)
must have any/all licenses required in order to pull all required permits. Additionally, this
Project requires that a permit be pulled for Electrical and Asbestos Abatement removal
work (See page 25 of the bid package). Bidders shall either submit a copy of all required
licenses with their bid, or within five (5) calendar days after receipt of request from the
City.
1) Company Name ~f\~ C.bC
Address ~WN.CP b'4 ~Cl.CA.. (' Q.N\-QI \~L 3"2-~C\'1
'"" ( .:.0
Contact Person/Contract Amount \<r.-:>\o.. S-~~... - \Z.~.,COO
Telephone Number "3 -z. \ -?>l.D 1 - ~~ ~ 1
2) Company Name \-\~~'-l -r. ~r.i. - ~e..cf\
Address \'1> \\,,'C..~,"':X:>~ Sr. O~c..oA. ,~L O(.C"..(.
~ ~ C;i:)
Contact Person/Contract Amount ~"Q. -r'Ae.1t... - \1.0 ,to::) .
Telephone Number 3z..\ - lP ~ - ~5'Z..D
3) Company Name ~~~ US,ci.G.. \..Le.<-\d.. of ~.-t"':::l
Address ~.C. ~'Il \t:CCo. \.A~ ~:J:U.\A ~ ,h.. '3,-~=o
Contact Person/Contract Amount \" ~~'i \..AN Mf'r) - "" \ \O,ero. t:D
Telephone Number ~o., - ~,,<6 - z.'?~
4) Company Name C";\,b~~ ~~~("" - ~CCA
Address ,<t \\~Q.2.\~~. CocoA ,~L- o-z,.G" 1.-
Contact Person/Contract Amount -e,'a..KdA .)c,Na:o::, \- \O'b,OOD ~
Telephone Number 32\ -(p~4 --'057n
BID NO: 34-01/02 CITY OF MIAMI BEACH
DATE: 05120/02 164
5) Company Name ~\ b~"'::)\i\c.t l( ~~j)L")\F\ ~\~
Address ~\, ~d\ ~.c'L ~iA_. \(\~\mO\u...~
~ 34,..H'+~15
Contact Person/Contract Amount ~ ~. . .....r - ':)~ ,CXX> .00
Telephone Number 401- 5\<6 -Gq~
(mv\~' P\<. ,,\'"O~~'::;) r~"'Of"'S ~r<A"""" 10,<<0 - L'"'::O,ax,;
6) Company Name (}.~U04 ~A~ S.A~\ - ~
Address ,~ t4.A\\\"::::(:,I"-'~. c..oCOA ,h... ~2.A.z.,-
Contact Person/Contract Amount \::A-l'l.. 'VA~ - ~ 1q,C:C.:cJ~
Telephone Number
3""2. \ - <0"34 ~ ~-z.O
7) Company Name ~ \:-n ~u -t\q.A\) '2x~A - ~
I
Address \-v t\A,r\~t-C~. rH""nA,~L. 3z..c;z,,"'t-
Contact Person/Contract Amoun~~c~ '- ~~Q.-";:' , ..\ 00 .(;CO~
Telephone Number
0'-\ .. (03-\ - o'5"Z.O
8) Company Name ll.""lA\\: ~~~ \rr..~~ ~Q..H\~ -\(;.<..',I'C~ ~.~'"?;-,-~)u:\
Address ?D ~)'l( \r:r-ro LA'U1 ~Q.t'4A ~ ~-\,,-,<;:L 3z~~
Contact Person/Contract Amount ~\x.. ~htoldo<-\ - ~ ~C\ ,(X;C ~
Telephone Number 40-' - 0<&0 - C>~'-
BID NO: 34-01/02 CITY OF MIAMI BEACH.DATE: OS/20102 165
DIVISION 3. LOBBYISTS
Sec. 2-481. Definitions.
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Advisory personnel means the members of those city boards and agencies whose sole
or primary responsibility is to recommend legislation or give advice to the City
commissioners.
Autonomous personnel includes but is not limited to the members of the housing
authority, personnel board, pension boards, and such other autonomous or
semi-autonomous authorities, boards and agencies as are entrusted with the day-to-day
policy setting, operation and management of certain defined functions or areas of
responsibility .
Commissioners means the mayor and members of the City commission.
Departmental personnel means the City manager, all assistant City managers, all
department heads, the City attomey, chief deputy City attomey 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 commissioner; any action, decision,
recommendation of any City board or committee; or any action, decision or
recommendation of any personnel defined in any manner in this section, during the time
period of the entire decision-making process on such action, decision or
recommendation that foreseeably will be heard or reviewed by the City commission, or
a City board or committee. The term specifically includes the principal as well as any
agent, attorney, officer or employee of a principal, regardless of whether such lobbying
activities fall within the normal scope of employment of such agent, attorney, officer or
employee.
Quasi-judicial personnel means the members of the planning board, the board of
adjustment and such other boards and agencies of the City that perform such
quasi-judicial functions. The nuisance abatement board, special master hearings and
administrative hearings shall not be included for purposes of this division.
(Ord. No. 92-2777, H 1,2,3-4-92; Ord. No. 92-2785, H 1,2,6-17-92)
Cross reference(s)-Definitions generally, ~ 1-2.
Bm NO: 34-01/02
DATE: 05/20/02
CITY OF MIAMI BEACH
166
receive the results of any investigation and shall have the opportunity to rebut the
findings, if necessary, and submit any written material in defense to the city
commission. The city commission may reprimand, censure, suspend or prohibit
such person from lobbying before the commission or any committee, board or
personnel of the city.
(Ord. No. 92.2777, S 6,3-4-92; Ord. No. 92-2785, S 7,6-17-92)
BID NO: 34-01102
DATE: 05120/02
CITY 0 MIAMI BEACH
169
DIVISION 4. PROCUREMENT
Sec. 2-486. Cone of silence.
(a) Contracts for the provision of goods, services, and construction projects other
than audit contracts.
(1) Definition. "Cone of silence" is hereby defined to mean a prohibition on: (a) any
communication regarding a particular request for proposal ("RFP"), request for
qualifications ("RFQ"), request for letters of interest ("RFU"), or bid between a potential
vendor, service provider, bidder, lobbyist, or consultant and the city's administrative staff
including, but not limited to, the city manager and his or her staff; (b) any
communication regarding a particular RFP, RFQ, RFU, or bid between the mayor, city
commissioners, or their respective staffs, and any member of the city's administrative
staff including, but not limited to, the city manager and his or her staff; (c) any
communication regarding a particular RFP, RFQ, RFU, 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, RFU or bid between the mayor, city commissioners or their
respective staffs and any member of a city evaluation and/or selection committee.
Notwithstanding the foregoing, the cone of silence shall not apply to competitive
processes for the award of CDBG, HOME, SHIP and Surtax Funds administered by the
city office of community development, and communications with the city attorney and
his or her staff.
(2) Procedure.
a. A cone of silence shall be imposed upon each RFP, RFQ, RFU, and bid after the
advertisement of said RFP, RFQ, RFU, or bid. At the time of imposition of the cone of
silence, the city manager or his or her designee shall provide for public notice of the
cone of silence. The city manager shall include in any public solicitation for goods and
services a statement disclosing the requirements of this division.
b. The cone of silence shall terminate (i) at the time the city manager makes his or
her written recommendation as to selection of a particular RFP, RFQ, RFU, or bid to the
city commission, and said RFP, RFQ, RFU, or bid is awarded; provided, however, that
following the manager making his or her written recommendation, the cone of silence
shall be lifted as relates to communications between the mayor and members of the
commission and the city manager; providing further if the city commission refers the
manager's recommendation back to the city manager or staff for further review, the
cone of silence shall continue until such time as the manager makes a subsequent
written recommendation, and the particular RFP, RFQ, RFU, or bid is awarded or (ii) in
the event of contracts for less than $25,000.00 when the city manager executes the
contract.
(3) Exceptions. The provisions of this section shall not apply to: (a) oral
communications at pre-bid conferences; (b) oral presentations before evaluation
committees; (c) contract discussions during any duly noticed public meeting; (d) public
BID NO: 34-01102
DATE: 05/20/02
CITY OF MIAMI BEACH
170
presentations made to the city commissioners during any duly noticed public meeting;
(e) contract negotiations with city staff following the award of an RFP, RFQ, RFLI, or bid
by the city commission; or (f) communications in writing at any time with any city
employee, official or member of the city commission, unless specifically prohibited by
the applicable RFP, RFQ, RFLI, or bid documents; or (g) city commission meeting
agenda review meetings between the city manager and the mayor and individual city
commissioners where such matters are scheduled for consideration at the next
commission meeting. The bidder, proposer, vendor, service provider, lobbyist, or
consultant shall file a copy of any written communications with the city 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 prohibition on: (a) any
communications regarding a particular RFP, RFQ, RFLI, or bid between a potential
vendor, service provider, bidder, lobbyist, or consultant and the mayor, city
commissioners or their respective staffs, and any member of the city's administrative
staff including, but not limited to the city manager and his or her staff, (b) any oral
communication regarding a particular RFP, RFQ, 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 communication regarding a
particular RFP, RFQ or bid between the mayor, city commissioners or their respective
staffs and any member of a city evaluation and/or selection committee. Notwithstanding
the foregoing, the cone of silence shall not apply to communications with the city
attorney and his or her staff.
(2) Except as provided in subsections (b)(3) and (b)(4) hereof, a cone of silence
shall be imposed upon each RFP, RFQ, RFLI, or bid for audit services after the
advertisement of said RFP, RFQ, RFLI, or bid. At the time of the imposition of the cone
of silence, the city manager or his or her designee shall provide for the public notice of
the cone of silence. The cone of silence shall terminate (a) at the time the city manager
makes his or her written recommendation as to selection of a particular RFP, RFQ,
RFLI, or bid to the city commission, and said RFP, RFQ, RFU, or bid is awarded;
provided, however, that following the manager making his or her written
recommendation, the cone of silence shall be lifted as relates to communications
between the mayor and members of the commission and the city manager; providing
further if the city commission refers the manager's recommendation back to the city
manager or staff for further review, the cone of silence shall continue until such time as
the manager makes a subsequent written recommendation, and the particular RFP,
RFQ, RFLI, or bid is awarded or (b) in the event of contracts for less than $25,000.00
when the city manager executes the contract.
(3) Nothing contained herein shall prohibit any bidder, proposer, vendor, service
provider, lobbyist, or consultant (a) from making public presentations at duly
noticed pre-bid conferences or before duly noticed evaluation committee
meetings; (b) from engaging in contract discussions during any duly noticed
BID NO: 34-01102
DATE: 05120/02
CITY OF MIAMI BEACH
171
public meeting; (c) from engaging in contract negotiations with city staff following
the award of an RFP, RFQ, RFLI, or bid for audit by the city commission: or (d)
from communicating in writing with any city employee or official for purposes of
seeking clarification or additional information from the city or responding to the
city's request for clarification or additional information, subject to the provisions of
the applicable RFP, RFQ, RFLI, or bid documents. The bidder or proposer etc.
shall file a copy 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 prohibit any lobbyist, bidder, proposer,
vendor, service provider, consultant, or other person or entity from publicly
addressing the city commissioners during any duly noticed public meeting
regarding action on any audit contract. The city manager shall include in any
public solicitation for auditing services a statement disclosing the requirements of
this division.
(c) Violations/penalties and procedures. A violation of this section by a
particular bidder, proposer, vendor, service provider, lobbyist, or
consultant shall subject said bidder, proposer, vendor, service provider,
lobbyist, or consultant 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, proposer,
vendor, service provider, bidder, lobbyist, or consultant void; and said
bidder, proposer, vendor, service provider, lobbyist, or consultant shall not
be considered for any RFP, RFQ, 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 prohibited from serving on a
city evaluation and/or selection committee. In addition to any other penalty
provided by law, violation of any provision of this division by a city
employee shall subject said employee to disciplinary action up to and
including dismissal. Additionally, any person who has personal knowledge
of a violation of this division shall report such violation to the city attorney's
office or state
attorney's office and/or may file a complaint with the county ethics
commission.
(Ord. No. 99-3164, ~ 1, 1-6-99; Ord. No. 2001-3295, ~ 1, 3-14-01)
BID NO: 34-01102
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CITY OF MIAMI BEACH
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RESOLUTION NO. 2000-23879
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH REQUIRING THAT CONTRACTORS ADOPT
A CODE OF BUSINESS ETHICS PRIOR TO ENTERING INTO A
CONTRACT WITH TIlE CITY OF MIAMI BEACH
WHEREAS, the Greater Miami Chamber of Commerce ("GMCC") adopted a
Model Code of Business Ethics (the "Model Code''); and
WHEREAS, the City of Miami Beach is a member of the GMCC; and
WHEREAS, the Model Code, attached hereto as Exhibit A, is a statement of
principles to help guide decisions and actions based on respect for the importance of
ethical business standards in the community; and
WHEREAS, the GMCC encourages its members to adopt the principles and
practices outlined in the Model Code; and
WHEREAS, the Commission believes that each entity which does business with
the City of Miami Beach should be required, as a condition of doing business with the
COWlty to adopt a Code of Business Ethics.
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
Section 1. Each person or entity that seeks to do business with the City shall
adopt a Code of Business Ethics ("Code'') and submit that Code to the City Manager or
his or her designee prior to execution of any contract between the contractor and the City.
1be Code of Business shall, at a minimum, require the contractor to comply with all
applicable governmental rules and regulations including, among others, the conflict of
interest, lobbying and ethics provisions of the City Code.
Section 2. The Commission urges the Greater Miami Chamber of Cornmerce
to require that all of its members adopt the Model Code of Business Ethics.
Section 3.
adoption.
This resolution shall become effective immediately upon its
BID NO: 34-01102
DATE: 05/20/02
CITY OF MIAMI BEACH
173
PASSED and ADOPTED this 12th dayof April 2000
ATTEST: HJ/J
~YOR
APPROYEDMTO
FCRM a LANGUAC:,':
& FOR EXECV11Or.
BID NO: 34-01102
DATE: 05120/02
CITY OF MIAMI BEACH
174
GREATER MIAMI CHAMBER OF COMMERCE
MODEL CODE OF BUSINESS ETHICS
STATEMENT OF I'URPOSE
The Greater Miami Chamber of C<lmmerce {"GMCCj seeKS 10 creale ar,d sus,a;" an c!h,cal oU$'ne~:;
cl~-n':':~ !...,~. meOllo<:r. and tl'!e eomm\A'lity b-; adapMg a COlle 01 BU51r.esS EthICs. The GMCC
e7\C'"..urages its '"embers to incorporata the prillcipl4$ 8;::1 prac:t:ces outlined h.'. ltI their indillidIJal
CO':Ies of <<hies whit;h win Slide :;'I!l/' relaliqt1s",ps witl! customC!f$, clienls .I'd suppi,e~. This Model
Cede can a!lCl ,"olii(! ile pr;:mine"tty d~playt!d ill al; b\;sir.ess locations and may b9 ir.corllcrilled into
1'nG~i(ebng rr..ateri.ss The GMCC bet;..ves mal 1ts ~bfts$ sh~~!d use thj$ Co:" as a moce! fo~ the
dev'!lopf':"':.1!nt of thtHl :'Jrg..r.:za~ion~' !)';'Sin~~s cedes Qf etrllcs.
fr:l$ ModI! C~. I' ~ ste'-el"!:.er.t :..: orin:;oie'S :i,.' m(f' q,:icw :j(:":'~~L.{I~ et:c ~C"JC~$ c~::~c c~ (t!'~f.;o?t:'! f:.~~ 6;~
ttn~-=:'t~-:~ ;: e~t::e.aJ b""~IIH!$3 ste.~~~fds :I~ the cQoj\":I"Il:..n:f). ! ~ (":M~;r: b~hl!!Vp.s l!':P. ndop".:,:'~ ::I e: r,'.(~e.:"::=-:gh.': :c-.:::lz
~/ i.HJ'iI~:i jlj, !~e '~s;:ot'!~Ib:ti~y 0' (:"Ic"Y t:.:sine-S$ e.nd ;..v~!eos~:~:;ila: ~!.g~:":'!k";r.
Ce....oli."ce with Geverr.merll ~u;..s & Reguialions
~Ve wiii proper:,! maim air. al: .ec.ords aroC! PC$~ alll:c.r.5es ane :crtifk3tes
.n promi".nl p:ac4Is easily S4en by our llmpicye"s and c\I!:omers,
In deaJj~~g ~h gov"!rnment ~~ft1~(""U~s a~d .~p:oYfle!:. W~ 'lM1I cer.O;J:! bi.:s:n~ss ;n
:j(';C'otdane~ v.,ith aU 3.p~'r!;::3~:1J r:.::e!t arJd !'eg~;~atic~!;' anc ir: the open,
V~e wm :"cpo!'t COf1!;'l.ct ~rreg1J~a:'it;e$ and other :~p'~~cr Qf ur:la;.yf,Jj bt;S:~B$t
pr.3ct-:~s to t~~ r.~hjcs C~'mm:$s::.n. ih(! Cf;;~e of ~nspe:::~( G~r.~rai Cf
3.p;:::"0:~rj3t!3 law e::for..:;erne:"" 3:.ithcritif!1.
Recr"ilme"t. SeJeetior. & Comp"'1$l1lion ofV..",co's and Suocliers
~\}e wiH ~'...oi-d ,;,:"fljc~s of :n!,~n:~1 anc =i'K:o.~c $tJch ;;O:"'lmGt~ wh".-: jden:i~~a:
G:!h \V~it;r: COf!'!c:,:;!"'!'!is-e the ~ntegrity 01 a ~usm(:~~ t:"'ar:.sa~:i;;:t~ 3le wna,;:cc~tac:e;
we W!;[ :'1~Il<iek ba.:i< any pOf1:~n 0; a c:.>otrac;t payment i.c er;.p:oyees vi t!":~ ~t:l€;
C0i11!iicting p3t!y :::r a.:cept St.iC~ a it:cid:~ck. .
~.~si"e5S Aecountir~<:
A:: e~r fiNH"\C:i:: tra!":sac.!jot':;') :"oi:Jf be ;rop~~~y' J:"'c. fair!" rec~~<jcd :r: <:pr,~::;;::,i::ta
b~.;Qk.:'; :';: .aC~;~~..T'it. Qi~d th~lP.' ....;:/J be r.,~ .\~~! t~lf.": b';.o;';~" !rJni.il~~,IO:'~';) ~; ~)':;':'r6t
.t:~,:unt$.
PremOl:O,", 3.!"!9 S..;~S or Ffoau~~s .md Services
Oi.lr P(~..C1$ v";:; carr-ply wit:, 3:1 aP9iicabie s3fefy a:,,::I qual:t't 5tlir.dards.
Vie M=I pr~mr;ff.' ar'!:d ad':ertis03 our bl,j'$lI"'t:$~ .:"Iet iu prod\.::ts ~; serv:cs-s u\ a
mann.:, "':h:~,:r. j~ r:~t m~5ktadJr.g a~d :ice!; root fa:sc:y d:s;!-3rage o~r I~O:"'!"::Pt:tjt:J's.
Oo;nq E!1i.~k'~1.s w;th (he Go"efnmenl
BID NO: 34-01102
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CITY OF MIAMI BEACH
175
w. WIil conduct Ilu$iness with government ~.ndes and employe., in II mann,r
whicll &velds evu the iIllpea,anc. of imJlfopridy. Effotts to CI.'r>y political
favorili$lll aro unacceplable;
Our hies Villi b!l c:mpetiti"lil. appropriate to the bid doc...menls a'lC nived at
indopend."tty;
Arty ehaJlenll\l$ 10 ~lra~ awardf!<! will have a Sl;~tar.live ba5iS and not be
pursued merely because we are I~e Ul"'successfutbidder;
We will, 10 tho best o! o"r ab,I;:". p4r!'orm llove",menl conlract!> .",ar::ed atlr-e
Driee 'f'<l tinder the terms.lllo...i<lcd tor in the con: 'act. We wi!; "01 s~~'rf'lt ;f'fialed
m\"oicss for geo~s ,:roVtded or services performed und~r suc~ ~~"lraet$. and
c:aims will be /Mde on~f tOl wer\( a::!ua!!)' performea. We 'iv'" abide by all
,=or:lrac!ing ar:-d St;Qee!'!tra::tu;~ regu?afio!'\s
We wlii net. ai/eelly er indirf,K;:lv. offer to 9Ne a bribe Of e:"e1Wlse .;hanne;
ldci(bacn f~cm c~r:aaets awarded, ~c SO'4'e-rr"n~r.! o~nc:~als: tt!l!!l~ fa.~tj: members
o~ t;",siMSS a'S'S'-if':1a~es.
We win m:t seelt 0( expect preterenlial ir1l3!me'lt en bIds ~ne~ em our
participation in politi<::21 ca~paign$.
eliRjic life ir.d Political Came.ians
BID NO: 34-01/02
DA TE: 05/20/02
We ~nceura~e aU ern~;oy.es !o part!cjj:'!~tc in :.ornmt:nily life, ~Lltj~ service and
the p"lilica! prO::llSl':
We er:cou:'aga aU ~mplcyees to :ec:ui!.. $t;ppcrt and elect ethica: a~<j qualified
:uc::c 1Jf!1cials a-:"ld er.gagc !r.em in diaiogulJ ar:t! danale aboy: :\,O!;!!":(:~$ and
comm;..i;:tty ~s.ue$:
O~r coctrlb...tic~s to :~ii!k.a~ pa~~es.. committt~:S o~ =ndividuals wU cr.~i' ~~ made
,~ a:::;o'cance w!ir. a;:JI"icabie iaw and wi.; con;;:1y 'Mlt; allre<;UlTe""e~t~ fer publiC
::!isc;c$ur~. AJI con~~b;.;tior.s ~adc ::,:r. be-half of th~ btJ$if!~SS ~US! be r~porte:d to
se::ic" c:;:,mpany "".a:"la;emen~'
',,~tJ w::: roO! cor;tribu!.~ to the C:3n'pa~g:n'S Of pef'Son~ wh.'J 3rc cO::'/1:;~cd :e:~ns Cf
!~o~.e '\Nh::o d~ root 50:9" ~he Fa;~ Carnpaipn ;>'a.::t:c~$ Ord:r.ar::.~
~Vc w;i; net k~cyifMgly di$$em~r.~!c ~3:$~ campaigt"l ir.rO'~iition ::r s~opc~ thc$.t.!:
.,';:'0 d~.
\1 A,-\ SEt'\r:' (l. ~N\C.Q~ ~ LA P n C~-z.AUC--r..
Com;: .~ Ham. le\ ;\~:~ff,ee'
Dift~
CITY OF MIAMI BEACH
176
ORDINANCE NO 2000-3234
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE
VI, ENTITLED "PROCUREMENT", BY CREATING DIVISION 5,
ENTITLED "DEBARMENT", SECTIONS 2-397 THROUGH 2-406 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 EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Miami Beach City Code, Chapter 2, entitled "Administration", Article VI,
entitled "Procurement". is hereby amended by adding the following Division 5, entitled -
"Debarment of Contractors from City Work" reading as follows:
Division 5. Debarment of contractors from Citv work.
Section 2-397.
Purpose of debarment.
(a) The City shall solicit offers from, award contracts to, and consent to
subcontractors with responsible contractors only: To effectuate this police, the
debarment of contractors from City work may be undertaken.
(b) The serious nature of debarment requires that this sanction be imposed only
when it is in the public interest for the City's protection. and not for purposes of
punishment. Debarment shall be imposed in accordance with the procedures
contained in this ordinance.
Section 2-398.
Definitions.
(a) Affiliates. Business concems. organizations, lobbyists or other individuals are
affiliates of each other if, directly or indirectly. (I) either one controls or has the
power to control the other, or (ii) a third part controls or has the power to control
both. Indicia of control include, but are not limited to. a fiduciary relation which
results from the manifestation of consent by one individual to another that the
other shall act on his behalf and subject to his control, and consent by the other
so to act; interlocking management or ownership; identity of interests among
family members; shared facilities and equipment; common use of employees; or
a business entity organized by a debarred entity, individual, or affiliate following
debarment of a contractor that has the same or similar management, ownership,
or principal employees as the contractor that was debarred or suspended.
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CITY OF MIAMI BEACH
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(b) Civil judgment means a judgment or finding of a civil offense by any court of
competent jurisdiction.
(c) Contractor means any individual or other legal entity that:
(1) Directly or indirectly (e.g. through an affiliate). submits offers for is
awarded" or reasonably may be expected to submit offers or be awarded
a City contract, including, but not limited to vendors, suppliers, providers,
Bidders, Proposers, consultants, and/or design professionals, or
(2) Conducts business or reasonable man be expected to conduct business.
with the City as an agent" representative or subcontractor of another
contractor.
(d) Conviction means a judgement or conviction of a criminal offense. be it a felony
or misdemeanor, by any court of 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 instances specified in this ordinance. a Bidder or
Proposer from City contracting and City approved subcontracting for a
reasonable, specified period as provided in subsection 0) below: a contractor so
excluded is debarred.
(f) Debarment Committee means a group of seven (7) individual members, each
appointed by the Mayor and individual City Commissioners, to evaluate and. if
warranted. to impose debarment,
(g) Preponderance Greater weight of the evidence means proof by information that,
compared with that opposing it , leads to the conclusion that the fact at issue is
more probably true than not.
(h) Indictment means indictment for a criminal offense. An information or other filing
by competent 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 proceedings.
0) List of debarred contractors means a list compiled, maintained and distributed by
the CityOs Procurement Office. containing the names of contractors debarred
under the procedures of this ordinance.
Section 2-399.
List of debarred contractors.
(a) The City's Procurement Office. is the agency charged with the implementation of
this ordinance shall:
(1) Compile and maintain a current. consolidated list (List) of all contractors
BID NO: 34-01102 CITY OF MIAMI BEACH
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debarred by City departments, Such List shall be public record and shall
be available for public inspection and dissemination;
(2) Periodically revise and distribute the List and issue supplements, if
necessary. to all departments. to the Office of the City Manager and to the
Mayor and City Commissioners: and
(3) Included in the List shall be the name and telephone number of the City
official responsible for its maintenance and distribution.
(b) The List shall indicate:
(1 )
(2)
(3)
(4)
(5)
(6)
(7)
(8)
The names and addresses of all contractors debarred. in alphabetical
order;
The name of the department that recommends initiation of the debarment
action;
The cause for the debarment action, as is further described herein. or
other statutory or regulatory authority;
The effect of the debarment action;
The termination date for each listing;
The contractor's certificate of competence or license number, when
applicable;
The person through whom the contractor is qualified, when applicable;
The name and telephone number of the point of contact in the department
recommending the debarment action.
(c) The City's Procurement Office shall:
(1) In accordance with internal retention procedures maintain records relating
to each debarment;
(2) Establish procedures to provide for the effective use of the List, including
internal distribution thereof to ensure that departments do not solicit offers
from, award contracts to, or consent to subcontracts with contractors on
the List; and
(3) Respond to inquiries concerning listed, contractors and coordinate such
responses with the department that recommended the action,
Section 2-400.
Effect of debarment.
(a) Debarred contractors are excluded from receiving contracts, and departments
shall not solicit offers from award contracts to, or consent to subcontracts with
these contractors unless the City Manager determines that an emergency exists
justifying such action. and obtains approval from the Mayor and City
Commission, which approval shall be given by 517ths vote of the City
Commission at a regularly scheduled City Commission meeting. Debarred
contractors are also excluded from conducting business with the City as agents,
representatives, subcontractors or partners of other contractors.
(d) Debarred contractors are excluded from acting as individual sureties.
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Section 2-401.
Continuation of current contracts.
(a) Commencing on the effective date of this ordinance. all proposed City contracts.
as well as Request for Proposals (RFP). Request for Qualifications (RFO).
Requests for Letters of Interest (RFLI). or bids issued be the City. shall
incorporate this ordinance and specify that debarment may constitute grounds for
temlination of me contract as well as disqualification from consideration on any
RFP, RFO. RFLI. or bid.
(b) The debarment shall take effect in accordance with the notice provided by the
City Manager pursuant to subsection 2-405(h) below. except that if a City
department has contracts or subcontracts in existence at the time the contractor
was debarred, the debarment period may commence upon the conclusion of the
contract. subject to approval of same be 5/7ths vote of the Mayor and City
Commission at a regularly scheduled meeting.
(c) City departments may not renew or otherwise extend the duration of current
contract or consent to subcontracts with debarred contractors, unless the City
Manager determines that an emergency exists justifying the renewal or extension
or for an approved extension due to delay or time extension for reasons beyond
the contractor's control and such action is approved by 5/7ths vote of the Mayor
and City Commission at a regularly scheduled meeting.
(d) No further work shall be awarded to a debarred contractor in connection with a
continuing contract where the work is divided into separate discrete groups and
the City's refusal or denial of further work under the contract will not result in a
breach of such contract.
Section 2-402.
Restrictions on subcontracting.
(a) When a debarred contractor is proposed as a subcontractor for any subcontract
subject to City approval, the department shall not consent to subcontracts with
such contractors unless the City Manager determines that an emergency exists
justifying such consent and the Mayor and City Commission approves such
decision by 517ths vote at a regularly scheduled meeting.
(b) The City shall not be responsible for any increases in project costs or other
expenses incurred by a contractor as a result of rejection of proposed
subcontractors pursuant to subsection 2-402(a) above, provided the
subcontractor was debarred prior to bid opening or opening of proposals, where
the contract was awarded be the City pursuant to an RFP. RFO, RFLI, or bid.
Section 2-403.
Debarment.
(a) The Debarment Committee may, in the public interest debar a contractor for any
of the causes listed in this ordinance using the procedures outlined below. The
existence of a cause for debarment however, does not necessarily require that
the contractor be debarred; the seriousness of the contractor's acts or omissions
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CITY OF MIAMI BEACH
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and any mitigating factors should be considered in making any debarment
decision.
(b) Debarment constitutes debarment of all officers, directors, shareholders owning
or controlling twenty-five (25) percent of the stock, partners, divisions or other
organizational elements of the debarred contractor, unless the debarred decision
is limited by its terms to specific divisions, organizational elements or
commodities. The Debarment Committee's decision includes any existing
affiliates of the contractor if they are (I) specifically named and (ii) given written
notice of the proposed debarment and an opportunity to respond. Future affiliates
of the contractor are subject to the Debarment Committee's decision.
(c) A contractor's debarment shall be effective throughout City Government.
Section 2-404.
Causes for debarment.
(a) The Debarment Committee shall debar a contractor for a conviction or civil
judgment,
(1) For commISSion of a fraud or a criminal offense in connection with
obtaining attempting to obtain, performing, or making a claim upon a
public contract or subcontract or a contract or subcontract funded in whole
or in part with public funds;
(2) For violation of federal or State antitrust statutes relating to the submission
of offers;
(3) For commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen
property;
(4) Which makes the City the prevailing party in a legal proceeding and a
court determines that the lawsuit between the contractor and the City was
frivolous or filed in bad faith.
(b) The Committee may debar a contractor, (and, limited instances set forth
hereinbelow a Bidder or Proposer) based upon a preponderance the greater
weight of the evidence, for;
(1) Violation of the terms of a City contract or subcontract or a contract or
subcontract funded in whole or in part by City funds such as failure to
perform in accordance with the terms of one (1) or more contracts as
certified by the City department administering the contract; or the failure to
perform or unsatisfactorily perform in accordance with the terms of one (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 debarment
as a potential penalty;
(3) Any other cause which affects the responsibility of a City contractor or
subcontractor in performing City work.
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Section 2-405.
Debarment procedures.
(a) Requests for the debarment of contractors may be initiated by a City
Department or by a citizen-at large and shall be made in writing to the Office of
the City Manager. Upon receipt of a request for debarment, the City Manager
shall transmit the request to the Mayor and City Commission at a regularly
scheduled meeting. The Mayor and City Commission shall transmit the request
to a person or persons who shall be charged by the City Commission with the
duty of promptly investigating and preparing a written report(s) concerning the
proposed debarment, including the cause and grounds for debarment as set
forth in this ordinance.
(b) Upon completion of the aforestated written report, the City Manager shall
forward said report to the Debarment Committee. The City's Procurement Office
shall act as staff to the Debarment Committee and, with the assistance of the
City department person or persons which prepared the report present evidence
and argument to the Debarment Committee
(c) Notice of proposal to debar. Within ten working days of the Debarment
Committee having received the request for debarment and written report, the
City's Procurement Office, on behalf of the Debarment Committee shall issue a
notice of proposed debarment advising the contractor and any specifically
named affiliates, by certified mail. return receipt requested, or personal service
containing the following information:
(1) That debarment is being considered:
(2) The reasons and causes for the proposed debarment in terms sufficient
to put the contractor and any named affiliates on notice of the conduct or
transaction(s) upon which it is based;
(3) That a hearing shall be conducted before the Debarment Committee on a
date and time not less than thirty (30) days after service of the notice.
The notice shall also advise the contractor that it may be represented by
an attorney, may present documentary evidence and verbal testimony,
and may cross-examine evidence and testimony presented against it.
(4) The notice shall also describe the effect of the issuance of the notice of
proposed debarment, and of the potential effect of an actual debarment.
(d) No later than seven (7) working days, prior to the scheduled hearing date, the
contractor must furnish the City's Procurement Office a list of the defenses the
contractor intends to present at the hearing. If the contractor fails to submit the
list, in writing, at least seven (7) working days prior to the hearing or fails to seek
an extension of time within which to do so, the contractor shall have waived the
opportunity to be heard at the hearing. The Debarment Committee has the right
to grant or deny an extension of time, and for good cause, may set aside the
waiver to be heard at the hearing, and its decision may only be reviewed upon
an abuse of discretion standard.
(e) Hearsay evidence shall be admissible at the hearing but shall not form the sole
BID NO: 34-01102 CITY OF MIAMI BEACH
DATE: 05120/02 182
basis for initiating a debarment procedure nor the sole basis of any
determination of debarment. The hearing shall be transcribed, taped or
otherwise recorded by use of a court reporter, at the election Committee and at
the expense of the City. Copies of the hearing tape or transcript shall be
furnished at the expense and request of the requesting party.
(f) Debarment Committee's decision. In actions based upon a conviction or
judgment, or in which there is no genuine dispute over material facts, the
Debarment Committee shall make a decision on the basis of all the undisputed
material information in the administrative record, including any undisputed,
material submissions made by the contractor. Where actions are based on
disputed evidence, the Debarment Committee shall decide what weight to attach
to evidence of record, judge the credibility of witnesses, and base its decision on
the prepondenance greater weight of the evidence standard. The Debarment
Committee shall be the sole trier of fact. The Committee's decision shall be
made within ten (10) working days after conclusion of the hearing, unless the
Debarment Committee extends this period for good cause.
(g) The Committee's decision shall be in writing and shall include the Committee's
factual findings, the principal causes of debarment as enumerated in this
ordinance, identification of the contractor and all named affiliate: affected by the
decision, and the specific term, including duration, of the debarment imposed.
(h) Notice of Debarment Committee's decision.
(1) If the Debarment Committee decides to impose debarment, the City
Manager shall give the contractor and any named affiliates involved
written notice by certified mail, return receipt requested, or hand delivery,
within ten (10) working days of the decision, specifying the reasons for
debarment and including a copy of the Comrnittee's written decision;
stating the period of debarment, including effective dates; and advising
that the debarment is effective throughout the City departments.
(2) If debarment is not imposed,the City Manager shall notify the contractor
and any named affiliates involved ,by certified mail. return receipt
requested. or personal service, within ten (10) working days of the
decision.
(i) All decisions of the Debarment Committee shall be final and shall be effective on
the date the notice is signed by the City Manager. Decisions of the Debarment
Committee are subject to review by the Appellate Division of the Circuit Court. A
debarred contractor may seek a stay of the debarment decision in accordance
with the Florida Rules of Appellate Procedure.
Section 2-406. Period of debarment.
(a) The period of debarment imposed shall be within the sole discretion of the
Debarment Committee. Debarment shall be for a period commensurate with the
seriousness of the cause(s), and where applicable, within the guidelines set
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forth below, but in no event shall exceed five (5) years.
(b) The following guidelines in the period of debarment shall apply except where
mitigating or aggravating circumstances justify deviation:
(1) For commission of an offense as described in subsection 2404(a)(1): five
(5) years.
(2) For commission of an offense as described in subsection 2404(a)(2): five
(5) years.
(3) For commission of an offense as described in subsection 2404(a)(3): five
(5) years.
(4) For commission of an offense as described in subsection 2404(a)(54):
two (2) to five (5) years.
(5) For commission of an offense as described in subsections 2404(b)(1) or
(2): two (2) to five (5) years.
(c) The Debarment Committee may, in its sole discretion, reduce the period of
debarment, upon 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 debarment
was based;
(3) Bona fide change in ownership or management;
(4) Elimination of other causes for which the debarment was imposed; or
(5) Other reasons the Debarment Committee deems appropriate.
(d) The debarment debarred 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 Commission of the City of Miami Beach, and it
is hereby ordained that the provisions of this ordinance shall become and be made a
part of the Code of the City of Miami Beach, Florida. The sections of this ordinance
may be renumbered relettered to accomplish such intention, and the word "ordinance"
may be changed to "section", "article," or other appropriate word.
SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
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SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the 3rd day of March,2000.
PASSED and ADOPTED this 23rd day of Februarv. 2000.
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ORDINANCE NO. 2002-3344
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING
PROCEDURES FOR RESOLVING BIDS (BIDS), REQUEST FOR
PROPOSALS (RFP'S), REQUEST FOR QUALIFICATIONS
(RFQ'S), REQUEST FOR LETTERS OF INTEREST (RFLI'S), AND
PURCHASE ORDERS BASED ON WRITTEN OR ORAL
QUOTATIONS, BY AMENDING CHAPTER 2 OF THE CODE OF
THE CITY OF MIAMI BEACH ENTITLED "ADMINISTRATION";
BY AMENDING ARTICLE VI THEREOF ENTITLED
"PROCUREMENT'; BY CREATING SECTION 2-371 ENTITLED
"AUTHORITY TO RESOLVE PROTESTED BIDS AND
PROPOSED AWARDS"; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, from time to time the City procures goods and services
through Invitation for Bids, Requests for Proposals, Requests for
Qualifications, Requests for Letters of Interest, and purchase orders based on
written or oral quotations, in accordance with the public bidding procedures set
forth in Florida law and the Code of the City of Miami Beach (the "City Code");
and
WHEREAS, such process may lead to protested bids and proposed awards;
and
WHEREAS, it is the intent of the Mayor and City Commission that
procedural and technical issues related to Invitations for Bids, Requests for
Proposals, Requests for Qualifications, Requests for Letters of Interest, and
purchase orders based on written or oral quotations, be decided by the City
Manager and the City Attorney, and that their determinations with respect to
said procedural and technical issues shall be deemed final; and
WHEREAS, it is in the best interests of the City and all respondents to
Invitations for Bids, Requests for Proposals, Requests for Qualifications,
Requests for Letters of Interest, and purchase orders based on written or oral
quotations, to have a clear and unequivocal procedure for resolving such
protests in a timely and expeditious manner.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows:
Section 1. Them is hereby added to Article VI of Chapter 2 of the City Code
a new Section 2-371, which shall read as follows:
Section 2-371. Authority to Resolve Protested Bids and Proposed
Awards.
(a) Right to Protest. Any actual bidder, qualified proposer, or interested
parties (hereinafter collectively referred to as the "bidder") who has a
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substantial interest in, and is aggrieved in connection with the solicitation or
proposed award of, a request for proposals CRFP"), request for qualifications
("RFQ'), request for letters of interest ("RFLI') or invitation for bid for goods
and/or services ("hereinafter. collectively referred to as the bid") may protest to
the City Manager or his or her designee. Protests arising from the decisions
and votes of any evaluation or selection committee shall be limited to protests
based upon alleged deviation(s) from established purchasing procedures set
forth in this Code, any written guidelines of the Procurement Department, and
the specifications, requirements and/or terms set forth in any bid.
(1) Any protest conceming the bid specifications, requirements, and/or
terms must be made within three (3) business days (for the purposes
of this ordinance, "business day" means a day other than Saturday,
Sunday or a national holiday), from the time the facts become known
and, in any case, at least two (2) business days prior to the opening
of the. Such protest must be made in writing to the City Manager or
his or her designee, and such protest shall state the particular
grounds on which it is based and shall include all pertinent
documents and evidence. No bid protest shall be accepted unless it
complies with the requirements of this section. Failure to timely
protest bid specifications, requirements and/or terms is a waiver of
the ability to protest the specifications, requirements and/or terms.
(2) Any protest after the bid opening, including challenges to actions of
any evaluation or selection committee as provided in subsection (a)
above, shall be submitted in writing to the City Manager, or his or her
designee. The City will allow such bid protest to be submitted anytime
until two (2) business days following the release of the City
Manager's written recommendation to the City Commission, as same
is set forth and released in the City Commission agenda packet, for
award of the bid in question. Such protest shall state the particular
grounds on which it is based and shall include all pertinent grounds
on which it is based, and shall include all pertinent documents and
evidence. No bid protest shall be accepted unless it complies with the
requirements of this section. All actual bidders shall be notified in
writing (which may be transmitted by electronic communication, such
as facsimile transmission and/or e-mail), following the release of the
City Manager's written recommendation to the City Commission.
(b) Any bidder who is aggrieved in connection with the solicitation or proposed
award of a purchase order based on an oral or written quotation may
protest to the City Manager or his or her designee anytime during the
procurement process, up to the time of the award of the purchase order,
but not after such time. Such protest shall be made in writing and state the
particular grounds on which it is based and shall include all pertinent
documents and evidence. No bid protest shall be accepted unless it
complies with the requirements of this section.
(c) The City may request reasonable reimbursement for expenses incurred in
processing any protest hereunder, which expenses shall include, but not
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'-
be limited to, staff time, legal fees and expenses (including expert witness
fees), reproduction of documents and other out-of-pocket expenses.
(d) Authority to Resolve Protests. The City Manager or his or her designee
shall have the authority to settle and resolve a protest concerning the
solicitation or award of a bid.
(e) Responsiveness. Prior to any decision being rendered under this
Ordinance with respect to a bid protest, the City Manager and the City
Attorney, or their respective designees, shall certify whether the
submission of the bidder to the bid in question is responsive. The parties
to the protest shall be bound by the determination of the City Manager and
the City Attorney with regard to the issue of responsiveness. +he
soter:mination at tho City MaRager aRs the City .^.ttomey 'Nith Fegard to all
flrOElesl:lFaI aRa teElhRiElal R'latteF6 shall Be final.
(f) Decision and Appeal Procedures. If the bid protest is not resolved by
mutual agreement, the City Manager and the City Attorney, or their
respective designees, shall promptly issue a decision in writing. The
decision shall specifically state the reasons for the action taken and inform
the protestor of his or her right to challenge the decision. Any person
aggrieved by any action or decision of the City Manager, the City Attorney,
or their respective designees, with regard to any decision rendered under
this section may appeal said decision by filing an original action in the
Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County,
Florida, in accordance with the applicable court rules. Any action not
brought in good faith shall be subject to sanctions including damages
suffered by the City and attorney's fees incurred by the City in defense of
such wrongful action.
(g) Distribution. A copy of each decision by the City Manager and the City
Attorney shall be mailed or otherwise furnished immediately to the
protestor.
(h) Stay of Procurements During Protests. In the event of a timely protest
under this section, the City shall not proceed further with the solicitation or
with the award pursuant to such bid unless a written determination is made
by the City Manager, that the award pursuant to such bid must be made
without delay in order to protect a substantial interest of the City.
(i) The institution and filing of a protest under this Code is an administrative
remedy that shall be employed prior to the institution and filing of any civil
action against the City concerning the subject matter of the protest.
0) Protests not timely made under this section shall be barred. Any basis
or ground for a protest not set forth in the letter of protest required under
this section shall be deemed waived.
(k) At the time the City Manager's written recommendation for award of a bid
is presented at a meeting of the Mayor and City Commission, the City
Attorney, or his or her designee, shall present a report to inform the Mayor
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I
and City Commi~ion of any legal issues relative to any bid protest filed in
connection with the bid in question.
(I) The determination of the City Manaoer and the City Attomev with reoard to
all orocedural and technical matters shall be final.
Section 2. All ordinances, resolutions or parts thereof in conflict herewith be and
the same are hereby repealed.
Section 3. If any section, sentence, clause or phrase of this Ordinance is held to
be invalid or unconstitutional by any court of competent jurisdiction,
then said holding shall in no way affect the validity of the remaining
portions of this Ordinance. It is the intention of the Mayor and City
Commission of the City of Miami Beach, and it is hereby ordained
that the provisions of this Ordinance shall become and be made part
of the Code of the City of Miami Beach, Florida, The sections of this
Ordinance may be renumbered or relettered to accomplish such
intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
..
Section 4. This Ordinance shall take effect ten (10) days after its adoption on
the 19th day of Januarv. 2002.
PASSED on First Reading this 19th day of December ,2001.
PASSED and ADOPTED on Second Reading this 9th day of Januarv . 2002.
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