HomeMy WebLinkAboutBid No. 40-01/02
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CITY OF MIAMI BEACH, FLORIDA
PROCUREMENT DIVISION
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
CONSTRUCTION CONTRACT DOCUMENTS
PROJECT MANUAL FOR THE FOLLOWING PROJECT(S):
REPLACEMENT OF 20" WATER MAIN HANGERS AT
MACARTHUR CAUSEWAY EAST BRIDGE
INVITATION TO BID NO.: 40-01/02
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: 40-01102
DATE: 06/26/02
CITY OF MIAMI BEACH
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CITY OF MIAMI BEACH
PROCUREMENT DIVISION
Interoffice Memorandum
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To:
JORGE M. GONZAL~ ...1M ~ .A
CITY MANAGER ~'"'
Date: September 5, 2002
Via: MAYRA DIAZ BUTTACAVOLI _--'A~.I.AJ,4l;
ASSISTANT CITY MANAGER ,,--()
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From: GUS LOPEZ, CPPO --;') -.
PROCUREMENT DIRECTOR
Subject: REQUEST FOR APPROVAL TO AWARD A CONTRACT TO GRACE AND
NAEEM UDDIN, INC., IN THE AMOUNT OF $385,000, PURSUANT TO
INVITATION TO BID NO. 40-01/02, FOR THE REPLACEMENT OF 20"
WATER MAIN HANGERS AT MACARTHUR CAUSEWAY EAST BRIDGE
The Mayor and City Commission at its July 31, 2002 meeting, adopted a resolution which
authorizes the City Manager the authority to select, negotiate, award and/or renew
contracts as needed, subject to ratification by the City Commission at its first Commission
meeting in September. Additionally, this contract award was included in the list of
anticipated contract awards during the August recess.
RECOMMENDATION:
Approve the Award.
FUNDING:
Funding in the amount of $385,000 is available from Water and Sewer Retained Earnings
Fund No. 425.2386.062357 (previously appropriated, Resolution No. 2002-24797)
ANAL YSIS:
Invitation to Bid No. 40-01/02 was issued on June 26, 2002, with an opening date of July
19,2002. A non-mandatory pre-bid conference was held on July 8,2002. Demandstar by
Onvia issued bid notices to 1,294 prospective bidders, resulting in 23 vendors requesting
bid packages, and the receipt of 7 bids.
\
., Bid No. 40-01/02
September 5, 2002
Page 2 of 3
The work specified in this Bid (Base) consists of furnishing all labor, machinery, tools,
means of transportation, supplies, equipment, materials, services necessary for the
Replacement of 20" Water Main Hangers at MacArthur Causeway East Bridge, located on
the South Side of the Bridge. The Work shall include the replacement of existing hangers
supporting the existing 20" cast iron water main at the South side of the East MacArthur
Causeway Bridge. The work consists of all labor, equipment and material necessary for
installation of new stainless steel alloy hangers and removal of existing hangers.
This Bid was issued with an Add Alternate # 1, to provide all scaffolding, equipment and
maintenance of traffic, necessary for painting approximately 2200 linear feet of the 20-inch
cast iron water main hanging on the East MacArthur Bridge.
Contractor will procure Performance and Payment Bonds, each in the amount of 100% of
the contract price. Contractor will be substantially completed with the Base Bid within one
hundred (100) calendar days from the issuance date of the Notice to Proceed, with final
completion fifteen (15) days later
The lowest and best bid for the Base Bid was received from Grace and Naeem Uddin, Inc.
This contractor has been in business for 12 years as a General Contractor. The
Procurement Division contacted references and obtained a Dun & Bradstreet Business
Information Report on the Contractor. Favorable references were received from the
following agencies:
. U.S. General Services Administration
. School Board of Broward County
. Florida Department of Transportation
. Tri-Rail Commuter Rail Authority
The City reserved the right to make two (2) separate contract awards, if it is in the best
interest of the City. The City may award a contract (1) to the overall lowest (Grand Total)
and best bidder for the entire contract, or the City may award two (2) separate contracts,
one (1) to the lowest and best bidder for the Base Bid only and one (1) to the lowest and
best bidder for the Alternate #1, provided funds are available.
The three lowest bidders for the Add Alternate #1 (Painting) were asked if they would enter
into a contract with the City for that part of the work only. By letter, all three companies
stated that they would not be agreeable to provide the necessary painting only (see letters
attached).
Based on the analysis of the bids received, it is recommended that the City award this
Project to the lowest and best bidder for the Base Bid only, to Grace and Naeem Uddin,
Inc.
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CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
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PROCUREMENT DMSION
Telephone (305) 673-7490
FacsImile (305) 673-7851
INVITATION TO BID NO. 40-01/02
ADDENDUM NO.1
July 12, 2002
REPLACEMENT OF 20" WATER MAIN HANGERS AT MACARTHUR
CAUSEWAY EAST BRIDGE i; amended as follows:
I. Change: Minimum Requirements language (page 70f the Bid Package) to read: "Prospective
Bidder (General Contractor) must have 3 years experience in providing construction
services/management or Replacement of Water Main or Utility Hangers, and submit a minimmn
of 4 separate projects, each with three-hlDldred thousand dollars (S2QQ,OOO) ($300,000) or higher
in construction work. The General Contractor and/or all Sub-Contractors must have
required Licenses in order to pull any/all required permits for the completion of this
Project" .
(Language in Italic reflects amended language)
II. Revised Bid Form (page 133); Attached
Delete: "Bidders shall have the option to bid on one (1) or both (2) of the above identified Line
Items" and
Replace with: "Bidders must bid on both the Base Bid I Lmnp Smn and Alternate #1 to be
considered responsive".
ID. Clarifications to issues raised during the Pre-Bid Conference:
Staging Area: Contractors will be responstble for storing any and all required materials for the
project.
Specifications: Technical Specifications for all required materials remain lDlChanged.
IV. The following are answers to questions by prospective bidders.
Q. At what times can we shutdown a traffic lane?
A. Monday through Friday, 9 80m. to 4 p.m.
Q. Must pedestrian traffic be maintained during construction?
A. The Contractor will be responsible for the pedestrian traffic by closing the South
side walk and directing said traffic to the North side walk.
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Page 2
Addendum 1
ITB 40-01/02
Q. If six hundred thousand dollars is budgeted for the hangers installation, what amount is
budgeted for painting the pipe?
A. 5600,000 is the estimated total budget, for this entire project.
Q. Does the pipe have to be sand blasted or can the existing rusted spots be wire wheeled
clean?
A. Hand tool cleaning or wire wheel cleaning is acceptable. Sand blasting is not
required.
Q. Will the contractor be required to have an Engineer present when he drills each hole and
if so what hours will he work?
A. Not necessarily, as long as the contractor can provide trained and qualified
personnel in locating the proposed location of hangers (aligned with existing pipe)
and use rebar detection instrument to avoid cutting of embedded items in concrete.
Bidders are required to acknowledge this addendum on proposal page 135, "Acknowledgement of
Addenda", and shall submit a complete copy of this and!!! addenda with their bid, or the bid may be
considered non-responsive.
CITY OF MIAMI BEACH
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Procurement Director
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139
www.ci.miami-beach.ll.us
Procurement Division
Telephone 305.673.7495
Facsimile 305.673.7851
September 9, 2002
Mr. Naeem Uddin, Vice President
GRACE & NAEEM UDDIN, INC.
5532 N.W. 72nd Avenue
Miami, Florida 33166
Re: NOTIFICATION OF CONTRACT AWARD - BID NO. 40-01/02, REPLACEMENT OF
20" WATER MAIN HANGERS AT MACARTHUR CAUSEWAY EAST BRIDGE
Dear Mr. Uddin:
The City Manager approved the award of contract to Grace & Naeem Uddin, Inc. in the amount
of $385,000, pursuant to the above referenced Bid.
Attached are five contract books forwarded to you for completion and submission of the
following:
1. Sign where indicated on contract page 49 and have all five copies sealed; and
2. Attach original Performance and Payment Bonds to ALL contract copies; and
3. Attach an original Insurance Certificate to the contract book marked "Risk
Management" .
Please return all five copies to this office within 5 calendar days.
Should you have any questions, please contact John Ellis at 305.673.7494 or Marta Fernandez at
305.673.7496.
Gus z, CPPO
Director of Procurement
Received by:
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F:\PURC\$ALL \ MART A \ Letters\ 4O-01-02ConlrBk.doc
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GRACE &
NAEEM UDDIN, INC.
CONSULTING ENGINEERS
CONSTRUCTION MANAGERS
GENERAL CONTRACTORS
BUILDING INSPECTORS
SURVEYORS
Wednesday, July 23, 2002
Ms. Marta Fernandez
Procurement Division
City of Miami Beach
1700 Convention Drive, 3rd Floor
City of Miami Beach, FL 33139
RE: Bid No. 40-01102
Replacement of 20" Water Main Hangers at Mac Arthur Causeway
Dear Ms. Marta:
Pursuant to your inquiry about Grace & Naeern Uddin, Inc. (GNU), accepting the award for the Base Bid,
I am pleased to inform you that we will be happy to accept the award for this part of the work.
Enclosed I am also attaching page 134 of the bid documents, providing the requested unit prices.
Should you need additional information or may have any question please feel free to contact me anytime.
Sincerely,
GRACE & NAEEM UDDIN, INC.
O:\BIDS\Mac Arthur
An Equal Opportunity Employer
5532 N.W. nod Avenue · Miami, Florida 33166 · (305) 887-6227 · Fax (305) 887-6228
E-MAIL: GNUINC@BELLSOUTH.NET
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NOTICE TO USING DEPARTMENT(S) AND CONSULTANTS
Any deviations from City of Miami Beach Standard Form Construction Contract
Documents or any conflicts between the Technical Specifications, or the Supplementary
Conditions and these Documents must be submitted in writing to the City's Procurement
Director and to the Office of the City Attorney for approval prior to the public notice of
the Invitation for Bid. All deviations or conflicts with the standard form must be listed by
paragraph number and page number.
() There are no deviations
() There are deviations and/or conflicts per the attached pages D1 through
-----------------------------------------------
(Using Department}
(Director)
(Consultant)
Changes approved by:
City Attorney
Procurement Director
Date
Date
BID NO: 40-01/02
DATE: 06/26/02
CITY OF MIAMI BEACH
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TABLE OF CONTENTS
PAGE
NOTICE FOR BIDS...................................................................................................................... 7
NO BID NOTI FICA TION FORM ........ ............. ....................... ...... ....... ........... ............... ........... 10
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00200.
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00407.
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BID NO: 40-01102
DATE: 06/26/02
GENERAL INSTRUCTIONS TO BIDDERS ...................................................12
DEFINITIONS ..................................................................................................... 13
I NSTRUCTIONS TO BI DOERS..... .............. .......... ........ ....... .................. ......... 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......................................:................................. 19
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
BIDITENDER 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 BIDITENDER FORM
QUESTIONNAIRE ..............................................................................................29
CITY OF MIAMI BEACH
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TABLE OF CONTENTS
(Continued)
SUPPLEMENT TO BIDITENDER FORM
NON-COLLUSION CERTIFICATE.. .......... ........ .................. .......... ..................35
SUPPLEMENT TO BIDITENDER FORM
DRUG FREE WORKPLACE CERTIFICATION ............................................. 36
SUPPLEMENT TO BIDITENDER FORM
TRENCH SAFETY ACT ....... ............. ........... ....... ........ ...... ............... .................38
RECYCLED CONTENT I NFORMA TION.... ........ ...... ........... .............. ............. 40
CONTRACT......................................................................................................... 41
FORM CERTI FICA TE OF INSURANCE ........................................................ 50
FORM OF PERFORMANCE BOND ............................................................... 51
FORM OF PAYMENT BOND ........................................................................... 54
CERTIFICATE AS TO CORPORATE PRINCIP AL....................................... 57
PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL LETTER OF CREDIT....................................................... 58
GENERAL CONDITIONS. ................................... ........ .............. ........... ............60
1 . Project Manual........................................................................................ 60
2. I ntention of City....................................................................................... 60
3. Prelimi nary Matters................................................................................ 61
4. Performance Bond and Payment Bond .............................................. 62
5. Qualification of Su rety............................................................................ 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: 40-01102 CITY OF MIAMI BEACH
DATE: 06/26/02 4
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TABLE OF CONTENTS
(Continued)
12. Resolution of Disputes.. ............ ............ ....... ........... ........ ....................... 70
13. I nspection of Work.................................................................................. 71
14. Superintendence and Supervision ............... ........... ............................. 71
15. City's Right to Terminate Contract....................................................... 73
16. Contractor's Right to Stop Work or
Terminate Contract. ............. .............. ...... ...... ........ ............ .............. ....... 74
17. Assignment.............................................................................................. 74
18. Rights of Various Interests .................................................................... 75
19. Differing Site Conditions ........................................................................ 75
20. Plans and Working Drawings ............................................................... 76
21 . Contractor to Check Plans,
Specifications, and Data........ ........... .......... ....... .......... ................. ......... 76
22. Contractor's Responsibility for
Damages and Accidents...... ...................... ....... .................... ................76
23. Warranty............. ........ ... .... ...................... ........... ................. ............. ........76
24. Supplementary Drawings ................... .......... ................. ................ ........ 77
25. Defective Work........................................................................................ 77
26 . Taxes........................................................................................................ 78
27. Subcontracts.......................... ..... ........... .................. ......... ............... ........78
28. Separate Contracts ........... ................. ..... .............. ............... .................. 78
29. Use of Completed Portions ................................................................... 79
30. Lands for Work.......... ................. ......... ............... .......... ...........................80
31. Legal Restrictions and Traffic Provisions ........................................... 80
32. Location and Damage to Existing
Facilities, Equipment or Utilities ........... ........ ........ ............ .................... 81
33 . Value Engineering.................................................................................. 82
34. Continuing the Work................................. ....... ...................... ................. 82
35. Changes in the Work or Terms
of Contract Documents ........... ................ .............. ........ .......... ............... 82
36. Field Orders and Supplemental Instructions ......................................83
37. Change Orders........................................................................................ 83
38. Value of Change Order Work ............................................................... 84
39. Notification and Claim for Change of
Contract Time or Contract Price .......................................................... 89
40. No Damages for Delay.......................................................................... 89
41. Excusable Delay; Compensable;
Non-Compensable ................ .............. .... ............... ............. ...................90
42. Substantial Completion... ........... .......... ......... ......... ....... ......................... 91
43. No Interest............................................................................................... 91
44. Shop Drawings............ ............. .................. ....... ........ ..............................92
BID NO: 40-01/02 CITY OF MIAMI BEACH
DATE: 06/26/02 5
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00900.
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BID NO: 40-01/02
DATE: 06/26/02
TABLE OF CONTENTS
(Continued)
45. Assignment......................................................................,....................... 93
46. Safety and Protection.. ............. .......... .............. ...... ............ ....................94
47. Final Bill of Materials .............................................................................. 95
48. Payment by City for Tests ..................................................................... 95
49. Project Sig n ............................................................................................. 95
50. Hurricane Precautions ........................... ...... ............. ..... ........ ...... .......... 95
51. Cleaning Up; City's Right to Clean Up ................................................96
52. Removal of Equipment ............. .............. ............... ........ ......... ............... 96
53. Nondiscrimination, Equal Employment Opportunity,
and Americans with Disabilities Act..................................................... 96
54. Project Records ........... ............. ..... ..... .............. ........ ... ...........................97
SUPPLEMENTARY CONDITIONS.. ........................ ...................... .......... ....... 98
ADDITIONAL ARTICLES .......... ..................... ...... ....... ............... ......... .............. 99
1. Prevailing Wage Rate Ordinance......................................................... 99
2. Federal Grant Projects............ ............... .............. ........... ....... ........... .....99
STATEMENT OF COMPLIANCE
(PREVAILING WAGE RATE ORDINANCE NO. 83-72) ............................100
STATEMENT OF COMPLIANCE
(DAVIS BACON ACT).......... .................. ........ ...... ....... ........... .............. ............ 1 01
CERTIFICATE OF SUBSTANTIAL COMPLETION....................................102
FINAL CERTIFICATE OF PAYMENT ...........................................................104
FORM OF FINAL RECEiPT............................................................................105
DRAWINGS INDEX....... .............. ..................... ....... ......... ............ .............. .....107
ADDENDA AND MODIFICATIONS ...............................................................108
TECHN ICAL SPECI FICA TIONS...... .......... ....... ........... ..... ............. ................109
BID PROPOSAL FORM....... .............. ..... ................... ........ ..... ........................ 133
ACKNOWLEDGEMENT OF ADDENDA ......................................................135
CUSTOMER REFERENCE LISTING.. ................. .......... .......... .............. .......136
ORDINANCES; LOBBYISTS, CONE OF SILENCE, DEBARMENT, CODE
OF BUSINESS ETHICS, PROTESTED SOLICITATION AWARD,
LOBBYIST FEE DISCLOSURE . .................... ......... ................... ................... 138
CITY OF MIAMI BEACH
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CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
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PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
INVITATION TO BID NO. 40-01/02
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 19th day of July 2002 for:
REPLACEMENT OF 20" WATER MAIN HANGERS AT
MACARTHUR CAUSEWAY EAST BRIDGE
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 Replacement of 20" Water Main Hangers at MacArthur Causeway
East Bridge, located on the South Side of the Bridge. The Work shall include the
replacement of existing hangers supporting the existing 20" cast iron water main at the
South side of the East MacArthur Causeway bridge. The work consists of all labor,
equipment and material necessary for installation of new stainless steel alloy type 304
hangers and removal of old hangers as shown in the drawings. This Work shall
commence by August 15, 2002 and must be substantially completed by
November 30, 2002. Should the City award only one (1) contract, the Alternate #1
(Painting) work shall be substantially completed by December 20, 2002. Upon
satisfactory completion of the hangers installation, the Florida Department of
Transportation (F.D.O.T.) Contractor will then begin the repairs on the bridge. The
contractor will be responsible for the maintenance of traffic and obtaining all applicable
permits from F.D.O.T. and any other required agencies. All traffic lanes shall be kept
open at all times, except closure of one east-bound lane along the south walkway of the
bridge. The flagmen and any necessary Maintenance of Traffic (M.O.T.) shall be in
accordance with F.D.O.T. permit(s) .The work includes managing, scheduling and
coordinating of all Work in accordance with Project Plans and Specifications.
Estimated Budget: $600, 000.
Minimum Requirements: Prospective Bidder (General Contractor) must have 3 years
experience in providing Replacement of Water Main or Utility Hangers, on a minimum of
4 separate projects each with two-hundred thousand dollars ($200,000) or higher in
construction work. The General Contractor and/or all Sub-Contractors must have
required Licenses In order to pull any/all required permits for the completion of
this Project.
BID NO: 40-01102
DATE: 06/26/02
CITY OF MIAMI BEACH
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Bid Guaranty: A Bid Guaranty is not required, however the successful Bidder executing
the Contract will be required to provide the Performance Bond and Payment Bond in the
amount of one-hundred percent (100%) of the contract amount, and evidence of
required insurance within fifteen (15) calendar days after notification of award of the
Contract.
At time, date, and place above, bids will be publicly opened. Any bids or proposals
received after time and date specified will be returned to the bidder unopened. The
responsibility for submitting a bid/proposal before the stated time and date is solely and
strictly the responsibility of the bidder/proposer. The city is not responsible for delays
caused by mail, courier service, including U.S. Mail, or any other occurrence.
A Pre-Bid Conference will be held at 2:00 p,m. on July 8, 2002 at the City of Miami
Beach City Hall, City Manager's Small Conference Room, 4h Floor, 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.
The City has contracted with DemandStar by Onv/a as our electronic procurement
service for automatic notification of bid opportunities and document fulfillment. We
encourage you to participate in this bid notification system. To find out how you can
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
#403. Subscribing to DemandStar by Onv/a's bid notification system is not a
requirement. You will still be able to find bid information and download documents
through the City's website (htto:/IcLmiami-beach.f1.us). From the City's home page, click
on E-Government - on line services on the next web page click on Request Bid
Information and Bid Status and follow the instructions. 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: 40-01/02
DATE: 06/26/02
CITY OF MIAMI BEACH
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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.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
CITY OF MIAMI BEACH LOBBYIST FEES DISCLOSURE ORDINANCE NO. 2002-
3363,
CITY OF MIAMI BEACH
r?
Gus Lopez, CPPO
Procurement Director
BID NO: 40-01/02
DATE: 06/26/02
CITY OF MIAMI BEACH
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CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
Bid No. 40-01/02
REPLACEMENT OF 20" WATER MAIN HANGERS AT
MACARTHUR CAUSEWAY EAST BRIDGE
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 AND/OR INDICATED:
_ Our company does not handle this type of product/service.
_ We cannot meet the specifications nor provide an alternate equal product.
______Our company is simply not interested in bidding at this time.
Due to prior commitments, I was unable to attend pre-proposal meeting.
_____OTHER. (Please specify)
We do _ do not _ want to be retained on your mailing list for future bids for this type or
product and/or service.
Signature:
Title:
Company:
Note: Failure to respond, either by submitting a bid Q[ this completed form, may result in your company.
BID NO: 40-01102
DATE: 06/26/02
CITY OF MIAMI BEACH
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C.O.D Order T -SQUARE
ATTN:CARMEN DAVILA
FAX 305-324-8040
PHONE 305-3241234 EX. 320
CITY OF MIAMI BEACH
BID # 40-01/02
Replacement of20" Water Main Hangers at
MacArthur Causeway East Bridge
Authorized by : Roman Martinez
Fax: 305.324.8040
ComDlete Set
11 Plans - 11 x 17
Price per SQ.FT $ .12cnts fuD size/ half size $ 1.00 per fIrst copy &.45 second copy Total
(MINIMUM ORDER FOR FREE DELIVERY $20.00 PER DELIVER)
COMPANY NAME: ORDER BY:
Bill to: ______________________________________COD T-Square Acct# 613204 Cash:
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In the name of:
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shipped by: UPS #
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Three day select Handling charge $
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ANY QUESTION AT T-SQUARE PLEASE CALL 305-324-1234
ASK FOR: Rusty James = VP Production
Don Walker = Production Department
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Veronica Lorza = Account Manager
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If you already have an account with T -Square please use your account
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Thank you for your business.
BID NO: 40-01/02
DATE: 06/26/02
CITY OF MIAMI BEACH
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00100. GENERAL INSTRUCTIONS TO BIDDERS:
1. Generat 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.
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 Replacement of 20" Water Main Hangers at MacArthur
Causeway East Bridge. The Work shall include the replacement of existing hangers
supporting the existing 20" cast iron water main at the South side of the East MacArthur
Causeway bridge. The work consists of all labor, equipment and material necessary for
installation of new stainless steel alloy type 304 hangers and removal of old hangers as
shown in the drawings. This Work shall commence by August 15, 2002 and must be
substantially completed by November 30,2002. Should the City award only one (1)
contract, the Alternate #1 (Painting) work shall be substantially completed by December
20, 2002. Upon satisfactory completion of the hanger installations, the Florida
Department of Transportation (F.D.O.T.) Contractor will begin the repairs on the bridge.
The contractor will be responsible for the maintenance of traffic and obtaining all
applicable permits from F.D.O.T. and any other agencies. All traffic lanes shall be kept
open at all times, except closure of one east-bound lane along the south walkway of the
bridge. The flagmen and any necessary Maintenance of Traffic (M.O.T.) shall be in
accordance with F.D.O.T. permit(s). The work includes managing, scheduling and
coordinating all work, in order to complete the project in accordance with Project Plans
and Specifications.
2. Location of Work: MacArthur Causeway East Bridge (South Side).
3. 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: 40-01102
DATE: 06/26/02
CITY OF MIAMI BEACH
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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 of Watermain
and Hangers.
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
BID NO: 40-01/02 CITY OF MIAMI BEACH
DATE: 06/26/02 13
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Commission, the Performance Bond and Payment Bond, the Notice of
Award, the Notice(s) to Proceed, the Purchase Order, Change Orders,
Field Orders, Supplemental Instructions, and any additional documents
the submission of which is required by this Project 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: 40-01102 CITY OF MIAMI BEACH
DATE: 06/26/02 14
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1.20. Program Manager: N/A
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, trm 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: 40-01/02 CITY OF MIAMI BEACH
DATE: 06/26/02 15
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00300. INSTRUCTIONS TO BIDDERS:
1. Examination of Contract Documents and Site: It is the responsibility of each
Bidder before submitting a Bid, to:
1.1. Examine the Contract Documents thoroughly,
1.2. Visit the site or structure to become familiar Wth 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: 40-01/02
DATE: 06/26/02
CITY OF MIAMI BEACH
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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: REPLACEMENT OF 20" WATER MAIN HANGERS
AT MACARTHUR CAUSEWAY EAST BRIDGE
BID/CONTRACT NO.: 40-01/02
4. Printed Form of Bid: All bids must be made upon the blank BidlTender 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 Guaranty: All bidE €hall be accempanied lay eitRer aR erigiRal lah;t bend
execblte~ by a €b1rety cempaAY meeting the E1b1alificatioR€ for €b1rety €lompaRie€
a€ specified in Section 5, GeneF31 Cenelitiens, or by ca€h, money order, €lertifie~
check, ca€hier'€ che€lk, 8i~ Gblaranty Form, Unconditional letter of Cre~it (Form
OQ<110), treasblrer'€ che€lk or bank graft of aRY national or state bank (United
State€), in the amoblnt of $3,000.00, payable to City of Miami Qeach, Florida, and
conditi9ne~ b1pon the €b1cce€€JbII Qielder execblting the C9Rtract and pre-'/iding the
reElblires one hblndrod percent (100%) Performance 80ns and Payment 8end
aR~ e)./i~ence of mClblirod insblraRce withiA fifteen (1 e) calendar ~ays after
n9tificati9n ef all/arg of the C9ntract. .'\ PERSONJ'.L C~ECK OR ^ COMP/\NY
C~ECK OF 1\ 810DER S~All NOT 8E OEEM150 !\ VAllO 810 SECURITY.
Secblrity 9f the €b1ccossJblI 8i~ser shall lae forfeited to the City 9f Miami 8each as
IiClblisated damages, not as a penalty, f9r the €lost and expen€e incblrred shoblld
saiEl 8isEler fail to execblte the CORtract, pro'.'iEle tRe reElblires Pel'f9rman€le 80REI,
PaYR1eAt 80AEI ans Certificate(s) of In€b1ran€le, within fifteeA (15) caleAsar says
after netification ef tRe a'.vard of the Contract, 9r failblre to €lemply 'Nith any ether
reElblirements set forth herein. The time for execbltien 9f the Contract aRd
pro'Jision of the Peoormance Qond, PaymeAt 80nd aAeI Certificate(€) of
InEblrance may be ex.teAsed lay the City'E PmcblreR1ent Director fer geeel cablEe
Eho'Nn. Qic:t Secblrities of the b1nsl::JccesEfbll 8idserE 1J/i11 be retblrRed after av.'ar~ of
CeRtra€lt.
A Bid Guaranty is not required, however the successful Bidder executing the
Contract will be required to provide the Performance Bond and Payment Bond in
the amount of one-hundred percent (100%) of the contract amount, and evidence
of required insurance within fifteen (15) calendar days after notification of award
of the Contract.
BID NO: 40-01/02
DATE: 06/26/02
CITY OF MIAMI BEACH
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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.
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. Postponement of Date for Presentina and Openina 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.
BID NO: 40-01102
DATE: 06/26/02
CITY OF MIAMI BEACH
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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
location and organization of the Bidder, the Bidder's record with environmental
regulations, and the claims/litigation history of the Bidder.
12. Addenda and Modifications: The City shall make reasonable efforts to issue
addenda within seven (7) calendar days prior to bid opening. All addenda and
other modifications made prior to the time and date of bid opening shall be
issued as separate documents identified as changes to the Project Manual.
13. Prevailinq Waqe Rates: City of Miami ieacl:l Or:Etinanee No, Q4 2QijQ pmvises
that in all non federally fl:lndes mmstrblctien centraets iR excess of one million
dollars to whiQh the City af Miami ieacl:l is a party, the rate of wages ans fringe
benefits, or Qash eqblivaleRt, for all laborers, mecl:lanics and appmntic:es
employes by any eantmetor or sbllacaRtrac:tor on tl:le 'iI\'Grk coveres by tl:le
caRtmcl, shall not lae less tnaR the prevailing rate of wages ans winge laenefit
payments or cash eElbli'Jalence for similar skills ar classifications of work, as
establist'led lay the Federal Register, in the City of Miami ieact'l, FloriEla. The
j:)m'lisiaRs of this Or:Etinance 61:1311 Ret apply to tt'le following projects:
a. '.vater, except 'Nater treatment facilities anEllift stations;
b. se'Ner, except se,...'age treatment facilities anEllift stations;
e. storm drainage;
d. road c9RstrblGtian, except briElges or strblQtblres reElbliFiRg piliRgS;
aAQ.
e. beabltificatian projects, \&:AiQh may iRelblde resbllfacing new Ql:lrbs,
gbltters, pavers, sidewalks, lanElscapiRg, Rew lighting, IablS shelters,
bbls laenct'les anEl sign age.
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: 40-01/02
DATE: 06/26/02
CITY OF MIAMI BEACH
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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 immediat~ly 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: 40-01/02
DATE: 06/26/02
CITY OF MIAMI BEACH
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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 Stabilitv 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: 40-01102
DATE: 06/26/02
CITY OF MIAMI BEACH
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00400. BIDrrENDER FORM:
Submitted:
~ _ ,q _ orL
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: 40-01/02
DATE: 06/26/02
CITY OF MIAMI BEACH
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Acknowledgment is hereby made of the following addenda (identified by number)
received since issuance of the Project Manual:
Nu. I J)~ ., - \ '2..- o'Z...
Attached is a Bid Bond [ ]. Cash [ ]. Money Order [ ], Unconditional Letter of Credit [ ],
Treasurer's Check [ ], Bank Draft [ ]. Cashier's Check [ ], or Certified Check [ ]
No. Bank of No-T -e.r~L"\'~ . for
the
($
of
).
Dollars
sum
The Bidder shall acknowledge this bid by signing and completing the spaces provided
below.
Name of Bidder:
.~:( ~CF '? "-;.~ c- '. ~ . ..~ ,.... ",' I:, II'"
.....,. . or, ~....l : -~':-~.....-::--~; 7.;;, ,:.i;~~
;...:.: ")..",,; \
. '':V l :~:. ;-"'~:.:
City/State/Zip:
,\; IIC,~, ~
... . ,;
Telephone No.:
3cs - e,~,1- ~""l.2. '1
Social Security
No. or Federal
I.D.No.: ':71 - 1..'1 Sb'C':.n 4-
Dun and
Bradstreet No.: q ~ - 8> , "5 - I 5 ?J'l
(if applicable)
If a partnership, names and addresses of partners:
~/~ '
BID NO: 40-01102
DATE: 06126/02
CITY OF MIAMI BEACH
23
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(Sian below if not incoroorated)
WITNESSES:
A-?
~
(Sian below if incorcorated)
ATTEST:
J>:r~
Secretary
(CORPORATE SEAL)
(Type or Print Name of Bidder)
(Signature)
(Type or Print Name Signed Above)
GRA.Cc ~; f\t~\EF:,\\ t;Dl)H'~, 1r~C,
55:3j~ ;'.i'/V. 7:2 ."x..:..,),:)""
Miami, Fi'J~i<:j;::l :j;;; 166,
(Type or Print Name of Corporation)
(fui . 'it=-.
~~__= Y~<=.J
Ignature and Title)
~~1 l)PPl,J
(Type or Print Name Signed Above)
Incorporated under the laws of the State of: FLo~OA .
BID NO: 40-01102
DATE: 06/26/02
CITY OF MIAMI BEACH
24
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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 Public Works Right-of-Way Permit is required for
construction of this project. The City of Miami Beach Permit Fee is waived.
The prospective bidder (General Contractor) must have a valid State of Florida
General Contractor's License.
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: 40-01/02
DATE: 06/26/02
CITY OF MIAMI BEACH
25
,
.
00407. SCHEDULE OF PRICES BID:
Consideration for Indemnification of CITY
$25.00
[,.(' 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: 40-01/02
DATE: 06126/02
CITY OF MIAMI BEACH
26
"
00410. BID GUARANTY FORM
UNCONDITIONAL LETTER OF CREDIT: ~I A .
Date of Issue
Issuing Bank's No.
Beneficiary:
Applicant:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Amount:
in United States Funds
Expiring:
(Date)
Bid/Contract Number
We hereby authorize you to draw on
at
(Bank, Issuer name)
by order of and for the account
(branch address)
of
(contractor, applicant, customer)
up to an aggregate amount, in United States Funds, of _________________
available by your drafts at sight, accompanied by:
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: 40-01/02
DATE: 06126/02
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 drawers, endorsers, and bona fide holders of all drafts drawn
under and in compliance with the terms of this Letter of Credit that such drafts will be
duly honored upon presentation to the drawee.
The execution of the Contract and the submission of the required Performance and
Payment Guaranty and Insurance Certificate by the
(contractor, applicant, customer)
shall be a release of all obligations.
This Letter of Credit is subject to the "Uniform Customs and Practice for Documentary
Credits," International Chamber of Commerce (1993 revision), Publication No. 500 and
to the provisions of Florida law. If a conflict between the Uniform Customs and Practice
for Documentary Credits and Florida law sho d arise, Florida law shall prevail. If a
conflict between the law of another state or co try and Florida law should arise, Florida
law shall prevail.
BID NO: 40-01/02
DATE: 06126/02
CITY OF MIAMI BEACH
28
"
00500. SUPPLEMENT TO BID/TENDER FORM:
THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE BID,
HOWEVER, ANY ADDITIONAL INFORMATION NOT INCLUDED IN THE
SUBMITTED FORM AS DETERMINED IN THE SOLE DISCRETION OF
THE CITY, SHALL BE SUBMITTED WITHIN SEVEN (7) CALENDAR DAYS
OF THE CITY'S REQUEST.
QUESTIONNAIRE
The undersigned authorized representative of the Bidder certifies the truth and accuracy
of all statements and the answers contained herein.
1 . How many years has your organization been in business while possessing one of
the licenses, certifications, or registrations specified in Section 00405?
License/Certification/Registration
<:::::6oic 048'558
_J-E 4cZ.~;'~
~c:a.~ c> '5"2..'640
# Years
, '3
----
\Lf
------
-1L
1A. What business are you in? _~~_ C~N~~~__
2. What is the last project of this nature that you have completed?
FDOI t~o P'~-UUGi" ~
V~l\? 0.{~
CeC(2..-r 6-tCu~ e:. .
3. Have you ever failed to complete any work awarded to you? If so, where and
why?
Jjc .
3A.
Give owner names, addresses and telephone numbers, and surety and project
names, for all projects for which you have performed work, where your surety
has intervened to assist in completion of the project, whether or not a claim was
made.
14.0"1
Afru~
BID NO: 40-01/02
DATE: 06/16/02
CITY OF MIAMI BEACH
29
"
4. Give names, addresses and telephone numbers of three individuals, corporations,
agencies, or institutions for which you have performed work:
4.1. ->~ ~~ eol,.. " AI( A-(-C~ .
(name) (address) (phone #)
4.2.
(name) (address) (phone #)
4.3.
(name) (address) (phone #)
5. List the following information concerning all contracts in progress as of the date of
submission of this bid. (In case of co-venture, list the information for all
co-venturers. )
NAME OF
PROJECT
OWNER &
PHONE #
TOTAL DATE OF
CONTRACT COMPLETION
VALUE PER CONTRACT
%OF
COMPLETION
TO DATE
$~
~t3Il
It ~
1?:> A-r-r~ .
(Continue list on insert sheet, if necessary.)
6. Has a representative of the Bidder completely inspected the proposed project and
does the Bidder have a complete plan for its performance?
'IE$> .
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.
f.J/A. .
BID NO: 40-01102
DATE: 06/26/02
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.
8. What equipment do you own that is available for the work?
~ P~u..~, ~,.....-ou?~ __"'B~t~.;. ~ ~
9. What equipment will you purchase for the proposed work?
A >- r-{e:.c:..e.s::.~~~-( .
10. What equipment will you rent for the proposed work?
c:sw,~~ SL~~ ~p W~JA;1~E..(_
N~..:~~.
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.
t?eoJ&..-..-c M~~ = N~ U.~r.J
f~J€L1' ~~f'~,.J-t~~i::
t-.'tt6..cJGL V~A. JC~ '&JSAV.A.
,
Ccu c:. -c~,u<.. -no.J 9 <.J r?~"(6j 06..i~
ro('- (}IIG/L 14 "( eA1%S-
BID NO: 40-01/02
DATE: 06/26/02
CITY 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 names of all partners. If a trade name, state the names of
the individuals who do business under the trade name).
GRACE & NAEEM UDDIN, INC.
12.1 The correct name of'the Bidder is 5532 N.W. 72 Avril1ve
Miami, Florida 33166
12.2 The business is a (Sole Proprietorship) (Partnership) (Corporation).
CJ2:>.fZ-(? 0 ~-1 (ON
12.3 The address of principal place of business is
5"7~"2... N v-J ('2- "d ~~~.. ''''\f~'M \ J K. .; '5 '"''
12.4 The names of the corporate officers, or partners, or individuals doing
business under a trade name, are as follows:
G~ t=;J,A -L.Jp?fN reec;; I o~t1' .
t...\~\ t..1,.rJ 'Iluc:.. 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.
NJA.
,
BID NO: 40-01/01
DATE: 06/16/01
CITY OF MIAMI BEACH
31
.,
12.6. List and describe all bankruptcy petitions (voluntary or involuntary) which
have been filed by or against the Bidder, its parent or subsidiaries or
predecessor organizations during the past five (5) years. Include in the
description the disposition of each such petition.
~ fA .
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).
NJA
,
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.
~E"€-
~ .\
e.>"\-\-l ~, -.- C
A -r-r ,;-"<:C~.? .
BID NO: 40-01102
DATE: 06/26/02
CITY OF MIAMI 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.
~"u~.
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.
...t 0 ,.
MfLI~~l~
---------
12.11. Under what conditions does the Bidder request Change Orders.
l!? c,.j 0 v--t N E.JZ..L e.;:~~~ ..
A-,...;....2__
CiZ- ~~L'e ~~ .
BID NO: 40-01/02
DATE: 06/26/02
CITY OF MIAMI BEACH
34
"
'.
00520.
SUPPLEMENT TO BIOITENOER FORM
NON-COLLUSION CERTIFICATE
THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO
BE DEEMED RESPONSIBLE.
Submitted this .J~_ day of
-r t.i l- 'I
,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 of establishing a formal contractual relationship between the
Bidder and the City of Miami Beach, Florida, for the performance of all requirements to
which the Bid pertains.
The Bidder states that this Bid is based upon the documents identified by the following
number: Bid No. 4O-01102'G~
SIGNATURE
NAeF~~~I~~
PRINTED NAME
" . {J.
TITLE (IF CORPORATION)
BID NO: 40-01/02 CITY OF MIAMI BEACH
DATE: 06/26/02 3S
. '
00530. SUPPLEMENT TO BIDrrENDER 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: 40-01/02
DATE: 06126/02
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
including termination; or
(ii) Requiring such employee to participate satisfactorily in a drug abuse assistance
or rehabilitation program approved for such purposes by a federal, state, or
local health, law enforcement, or other appropriate agency; and
(7) Making a good faith effort to maintain a drug-free workplace program through
implementation of subparagraphs(1) through (6). ,
i
t\r
1
~L}~
(Bidder Signature)
STATE OF
F\...C~PA
GRAC"'c '! !,-.I ~~p~ i .'r"'1!'"",I:-. .'. ;,,;(
'_~ I _~.r_.......:V1 1.4':'~:._"1''', ~:.,. .
(Print VenpOr .N~~r2,.. "Y,::
fV\iOrt"~t, t-lvnC(J "j.J; Or)
COUNTY OF __DA.::::?_c=:. .:.___
The foregoing instrument was acknowledged bef.pre me this J:l_ day of
__.:ll.:J...'::L___, 20 () .z., by N ~\ \....t?p,...; as
.. 1 9 (name of person !hoSe signature..is being notarized)
" , (title) of _~Y::.._~L.J.--P....P~~c
(name of corporation/company)
known to me to be the person described herein, or who produced ,P L - as
identification, and who did/did not take an oath.
NOTARY PUBLIC:
d-A~
( Ignature)
MEZKl I)TI:.RRO~D
~ . No'~'\ -'U.hHC.. S\i>:e "f !=Ionda
'.lv -lJrnn. '1l.p!res I=eb 1, 20500~
. comr.\ N: CC1000
10778121
Bonded Thru Service Insurance Company, Inc.
(Print Name)
My commission expires:
BID NO: 40-01/02
DATE: 06/26102
CITY OF MIAMI BEACH
37
..
00540. SUPPLEMENT TO BIDfTENDER FORM
TRENCH SAFETY ACT
IF APPLICABLE, THIS FORM MUST BE SUBMITTED WITH BID FOR BID
TO BE DEEMED RESPONSIVE. (SEE SECTION 00407)
On October 1, 1990 House Bill 3181, known as the Trench Safety Act became law. This
incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety
standards, citation 29 CFR.S.1926.650, as Florida's own standards.
The Bidder, by virtue of the signature below, affirms that the Bidder is aware of this Act, and will
comply with all applicable trench safety standards. Such assurance shall be legally binding on
all persons employed by the Bidder and subcontractors.
The Bidder is also obligated to identify the anticipated method and cost of compliance with the
applicable trench safety standards.
BIDDER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE 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
1-~J't.( ~'2 ,
Unit
L-~
Quantity
Price
Unit
Price
Extended
Method
\ Oc;:>
l 00 ~ 1 ~lt. I .
---- -----~
------ -----
----- ------ -------
------ ------ ------ ----
---- ----- ----- ------
----- ---- ----- ----
Total $~()Clo..:._
BID NO: 40-01/02
DATE: 06/26/02
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.
GRACE [~ ~ll;EE,~.{~ UDD!',!, !:--.IC.
5532 ;'l.\iV ?'; /<....~.;;n~;:;
~. . Fi ., ""16'
me of Y83"~r .0. ...... -.;:j ,j
*COMPLETION REQUIRES FILLING IN THE APPROPRIATE DETAILS UNDER THE
HEADINGS. i.e.. DESCRIPTION. UNIT. QUANTITY PRICE. UNIT PRICE.
EXTENDED. AND METHOD.
BID NO: 40-01/02
DATE: 06/26/02
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 also requests information regarding any known or
potential material content in the product that may be extracted and recycled after the
product has served its intended purpose.
BID NO: 40-01/02
DATE: 06/26/02
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
---0 pA(~ 4.- f\\~__~Qrn~_~.:.____, 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
SCOPE OF WORK
CONTRACTOR hereby agrees to furnish all of the labor, materials, equipment
services and incidentals necessary to perform all of the work described in the Contract
Documents and related thereto for the Project.
ARTICLE 2
CONTRACT TIME
2.1 CONTRACTOR shall be instructed to commence the Work by written instructions
in the form of a Standing Order issued by the City's Procurement Director and a
Notice to Proceed issued by the Contract Administrator. Two (2) Notices to
Proceed will be issued for this Contract. CONTRACTOR shall commence
scheduling activities, permit applications and other preconstruction work within
five (5) calendar days after the Project Initiation Date, which shall be the same as
the date of the first Notice to Proceed. The first Notice to Proceed and Purchase
Order will not be issued until CONTRACTOR's submission to CITY of all required
documents(including but limited to: Payment and Performance Bonds, and
Insurance Certificate) and after execution of the Contract by both parties.
2.1.1. The receipt of all necessary permits by CONTRACTOR and acceptance
of the full progress schedule in accordance with technical specifications
section, submittal schedule and schedule of values is a condition
precedent to the issuance of a second Notice to Proceed to mobilize on
the Project site and commence with physical construction of the work.
The CONTRACTOR shall submit all necessary documents required by
this provision within twenty-one (21) calendar days of the issuance of
the first Notice to Proceed. (THIS INCLUDES SHOP DRAWINGS)
BID NO: 40-01/02 CITY OF MIAMI BEACH
DATE: 06/26/02 41
...
2.2 Time is of the essence throughout this Contract. The Work shall be substantially
completed within One Hundred (100) calendar days from the issuance of the
second Notice to Proceed, and completed and ready for final payment in
accordance with Article 5 within fifteen (15) 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 Three-Hundred Dollars ($300.00) 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 Three-Hundred Dollars
($300.00) 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: 40-01102
DATE: 06/26/02
CITY OF MIAMI BEACH
42
..
ARTICLE 3
THE CONTRACT SUM
[X] This is a Unit Price Contract:*
3.1 CITY shall pay to CONTRACTOR the amounts determined for the total number
of each of the units of work completed at the unit price stated in the schedule of
prices bid. The number of units contained in this schedule is an estimate only,
and final payment shall be made for the actual number of units incorporated in or
made necessary by the Work covered by the Contract Documents.
3.2 Payment shall be made at the unit prices applicable to each integral part of the
Work. These prices shall be full compensation for all costs, including overhead
and profit, associated with completion of all the Work in full conformity with the
requirements as stated or shown, or both, in the Contract Documents. The cost
of any item of work not covered by a definite Contract unit price shall be included
in the Contract unit price or lump sum price to which the item is most applicable.
[X ] This is a Lump Sum Contract:*
3.1 CITY shall pay to CONTRACTOR for the performance of the Work described in
the Contract Documents, the total price stated as awarded.
3.2 Payment shall be at the lump sum price stated in the Contract. This price shall
be full compensation for all costs, including overhead and profit, associated with
completion of all the work in full conformity with the requirements as stated or
shown, or both, in the Contract Documents. The cost of any item of work not
covered by a definite Contract lump sum should be included in the lump sum
price to which the item is most applicable.
*Note: Some Projects include both unit prices and lump sums in which case both
sections shall apply to the Work identified for each type of Contract.
ARTICLE 4
PROGRESS PAYMENTS
4.1 CONTRACTOR may make Application for Payment for work completed during
the Project at intervals of not more than once a month. CONTRACTOR's
application shall show a complete breakdown of the Project components, the
quantities completed and the amount due, together with such supporting
evidence as may be required by CONSULTANT. CONTRACTOR shall include,
but same shall be limited to, at Consultant's discretion, with each Application for
Payment, an updated progress schedule acceptable to CONSULTANT as
BID NO: 40-01/02
DATE: 06/26/02
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 percent (10%) of all monies earned by CONTRACTOR shall be retained by
CITY until Final Completion and acceptance by CITY in accordance with Article 5
hereof, except that after ninety percent (90%) of the Work has been completed,
the Contract Administrator may reduce the retainage to five percent (5%) of all
monies previously earned and all monies earned thereafter. Any reduction in
retainage shall be in the sole discretion of the Contract Administrator, shall be
recommended by CONSULTANT and CONTRACTOR shall have no entitlement
to a reduction. Any interest earned on retainage shall accrue to the benefit of
CITY. All requests for retainage reduction shall be in writing in a separate stand
alone document.
4.3 CITY may withhold, in whole or in part, payment to such extent as may be
necessary to protect itself from loss on account of:
4.3.1 Defective work not remedied.
4.3.2 Claims filed or reasonable evidence indicating probable filing of claims
by other parties against CONTRACTOR or CITY because of
CONTRACTOR's performance.
4.3.3 Failure of CONTRACTOR to make payments properly to Subcontractors
or for material or labor.
4.3.4 Damage to another contractor not remedied.
4.3.5 Liquidated damages and costs incurred by CONSULTANT for extended
construction administration.
4.3.6 Failure of CONTRACTOR to provide any and all documents required by
the Contract Documents.
When the above grounds are removed or resolved satisfactory to the Contract
Administrator, payment shall be made in whole or in part.
BID NO: 40-01102
DATE: 06/26/02
CITY OF MIAMI BEACH
44
l ·
...
6.2 Where there is a conflict between any provision set forth within the Contract
Documents and a more stringent state or federal provision which is applicable to
this Project, the more stringent state or federal provision shall prevail.
6.3 Public Entitv Crimes
In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a
person or affiliate who is a contractor, consultant or other provider, who has been
placed on the convicted vendor list following a conviction for a public entity crime
may not submit a bid on a contract to provide any goods or services to the CITY,
may not submit a bid on a contract with the CITY for the construction or repair of
a public building or public work, may not submit bids on leases of real property to
the CITY, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with the CITY, and may not
transact any business with the CITY in excess of the threshold amount provided
in Section 287.017, Florida Statutes, for category two purchases for a period of
36 months from the date of being placed on the convicted vendor list. Violation
of this section by Contractor shall result in cancellation of the CITY purchase and
may result in Contractor debarment.
6.4 Independent Contractor
CONTRACTOR is an independent contractor under this Contract. Services
provided by CONTRACTOR pursuant to this Contract shall be subject to the
supervision of CONTRACTOR. In providing such services, neither
CONTRACTOR nor its agents shall act as officers, employees, or agents of the
CITY. This Contract shall not constitute or make the parties a partnership or joint
venture.
6.5 Third Party Beneficiaries
Neither CONTRACTOR nor CITY 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.
BID NO: 40-01102
DATE: 06/26/02
CITY OF MIAMI BEACH
46
.
.
..
The place for giving notice shall remain the same as set forth herein until
changed in writing in the manner provided in this section. For the present, the
parties designate the following:
For CITY:
Procurement Division
1700 Convention Center Drive
Miami Beach. Florida 33139
Attn: Gus Lopez, Procurement Director
With copies to:
City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
For Contractor:
~-->--!.h :r;r.
i2~H~-~~/~R ~i\6k
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: 40-01/02
DATE: 06/26/02
CITY OF MIAMI BEACH
47
"
6.8 Materialitv and Waiver of Breach
CITY and CONTRACTOR agree that each requirement, duty, and obligation set
forth in these Contract Documents is substantial and important to the formation of
this Contract and, therefore, is a material term hereof.
CITY's failure to enforce any provision of this Contract shall not be deemed a
waiver of such provision or modification of this Contract. A waiver of any breach
of a provision of this Contract shall not be deemed a waiver of any subsequent
breach and shall not be construed to be a modification of the terms of this
Contract.
6.9 Severance
In the event a portion of this Contract is found by a court of competent jurisdiction
to be invalid, the remaining provisions shall continue to be effective unless CITY
or CONTRACTOR elects to terminate this Contract. An election to terminate this
Contract based upon this provision shall be made within seven (7) days after the
finding by the court becomes final.
6.10 Aoolicable Law and Venue
This Contract shall be enforceable in Miami-Dade County, Florida, and if legal
action is necessary by either party with respect to the enforcement of any or all of
the terms or conditions herein exclusive venue for the enforcement of same shall
lie in Miami-Dade County, Florida. By entering into this Contract,
CONTRACTOR and CITY hereby expressly waive any rights either party
may have to a trial by jury of any civil litigation related to, or arising out of
the Project. CONTRACTOR, shall specifically bind all subcontractors to the
provisions of this Contract.
6.11 Amendments
No modification, amendment, or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document prepared with
the same or similar formality as this Contract and executed by the Board and
CONTRACTOR.
6.12 Prior Aareements
This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters
contained herein and the parties agree that there are no commitments,
agreements or understandings 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: 40-01/02
DATE: 06/26/02
CITY OF MIAMI BEACH
48
I.
00708. FORM CERTIFICATE OF INSURANCE
BID NO: 40-01102
DATE: 06/26/02
A form Certificate of Insurance will be attached here.
CITY OF MIAMI BEACH
so
. '
"
representations or agreements, whether oral or written. It is further agreed that
no modification, amendment or alteration in the terms or conditions contained
herein shall be effective unless set forth in writing in accordance with Section
6.11 above.
IN WITNESS WHEREOF, the parties have set their hands and seals the day and
year first above written.
F MIAMI BEACH
ATTEST:
17 .f) . I riM Lb-
_l~~- ----------
City Clerk
CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE
CORPORATION OR NONCORPORATION FORMAT, AS APPLICABLE.
[If incorporated sign below.]
By:
CONTRACTOR
_~~_L Q\.t~ ~Qpl~, Me .
me of Corp~r~i~) ,
- AMl~-~~---
(Signature) ~
__~t~e!~~--~~~'
(Print Name and Title) J
1~ day of ___~______, 20~~.
(Ggrporate Seal)
[If not incorporated sign below.]
CONTRACTOR
WITNESSES:
----------------------
----------------------------
(Name of Firm)
------------------
By:
----------------------
(Signature)
----------------------------
(Print Name and Title)
____ day of _______________,20___.
CITY REQUIRES FIVE (5) FULLY-EXECUTED CONTRACTS, FOR DISTRIBUTION.
-"':15...10
BID NO: 40-01102 CITY OF MIAMI BEACH PORMI.
DATE: 06/26/02 49 a..
~~.ive:. Event (Event Succeeded)
or
Date: 912...102
Pages: 3
Sender: 3055510857
Fax Number:
Type: Fax
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FRO'.' ~AL TY SYSTEMS I NC 30S 551 08S7
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9-24-2002 5, S2f".1
FROM C.a.SUALTY SYSTEI-1S INC 305 551 1aSS7
P.3
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O~/24/2002
I THI$ CMTlFICA,. · ~ M A _net - ~TICIN
OIIL Y ANO CClN'ER8 NO RIGHT. W'ClII 11tE CERTII'lCATIi
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ACORD M
CERTIFICATE OF LIABILITY INSURANCE
-
CASUALTY SYSTEMS INC.
3331 SW 107 AVE
HIAMI, FL, J3~65
305-551-0590
_ u .1.n~----.:Iiieeiil' Grace
5532 N ~ 72na Avenue
Miami, Flor1da 33166
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Clll'lll"lGATI!: HOLD....
coANCII!U.A'nDN
City of Miami Seaeh
1700 Cnnvention Drive, 3~d rloor
Miami, Florida 33139
._c;oN'OKATION 1_
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_ From: Naeem Uddin, P.E. 3058876228 To: Marta Femandez
.'
Date: 9/24/2002 Time: 8:11:56 PM
Page 20f5
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GRACE &
NAEEM UDDIN, INC.
CONSULTING ENCilNEERS
t'ONSTRUCTlON MANAGERS
CiESERAL CONTRAc.."TORS
BUILDING INSPECTORS
SURVEYORS
Tuesday, September 24, 2002
Mr. Cliff Leonard
Risk Management
City of Miami Beach
1700 Convention Drive, 3rd Floor
City of Miami Beach, FL 33139
Sent via Fax: 9/23/02
RE: Bid No. 40-01/02
Replacement of 20" Water Main Hangers at Mac Arthur Causeway
Automobile Liability insurance
Dear Mr. Leonard:
Pursuant to your discussion with our insurance agent, I would like to inform you that all construction
materials and supplies are delivered directly to the site by the companies whomever orders are placed at.
They carry insurance and provide us a copy for our file by contract.
Other insurance certificate have already been faxed to your office by Ms. Bunny Gruntler of Casualty
Systems, Inc.
Should you need additional information or may have any question please feel tree to contact me anytime.
Sincerely,
GRACE & NAEEM UDDIN, INC.
.J}'
; .">-;
.'....:.( .
i.; .R10S\!\Iac,,\lwm
An Equal Opportunity Employer
5532 N.W. 72nd Avenue. Miami, Florida 33166 . (305) 887-6227 . Fax (305) 887-6228
E-MAIL: GNUINC@BELLSQUTH.NET
09/24/02 TUE 20: 05 [TX/RX NO 8130) III 002
&00 ~ [ons ON nllX.L] so: o~ 3I1.L ~0/tV60
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Received Event (Event Succeeded)
"
Date:
Pages;
Sender:
Fax Number:
Type:
9/24102
3
3055510857
Time:
Duration:
Company:
Subject:
5:53 PM
1 min 45 see
Fax
9-24-~ 5, 5 1 Pt~
FRC>>.t CASUALTY SYS1t;;MS 1 NC 305 561 0857
>-'. ,
Casualty Systems, Inc.
3331 l>.W. 107" A...... Mia"'i, FIarida 33t&5
(30&) se:l.oSO T.... (305) 5!l1-M57 r.
DATE: 09-24-02
"10. Cliff leonard/City of Miami aeech
Risk Management
FROM: Bunny Gluntler
REF: Grace & Heeem Uddin, Inc
FAX COVER SHEET
As per our telephone conversation this afternoon, I am faxing you a Certificate of
Insurance. which reflects the Hired & Non-Ownership liability, along with proof of
the p.rsonal eutornobiler.overagcs.
Also I have spoken to Mr. Uddin, and he will be faxing you a letter
stating that the construction materiats & supplies are delivered by companies
which he places the orders thru.
If you need any additional information please call me at 30S.SSI-OS90.
\
rely,
axing to; 305-673-7023 _
Cc: Grace & Naeem Uddin, Inc.~ .. V f'? -I>> ~ f'"'
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Nielson, Alter & Associates, Inc.
Bond Department
.
Public Works Bond
IN COMPLIANCE WITH FLORIDA STATUTES 255.05(1)(a)
Bond No.
SEIFSU0318588
Contractor
Grace & Naeem Uddin, Inc.
Contractor Address
5532 N.W. 72nd Avenue
Miami, FL 33166
Contractor Phone No.
305-887 -6227
Surety Company
International Fidelity Insurance Company
One Newark Center, 20th Floor
Newark, NJ 07102
Surety Address
Surety Phone No.
(973) 624-7200
Owner Name
The City of Miami Beach
Owner Address
1700 Convention Center Drive
Miami Beach, FL 33139
Owner Phone Number
(305) 673-7490
Obligee Name
(If contracting entity is different from the owner, the contracting public entity)
Obligee Address
Obligee Phone No.
Contract No. (If Applicable)
Bid No. 40-01/02
Project Name
East Bridge
Replacement of 20" Water Main Hangers at MacArthur Causeway
Project Location
Miami Beach, Florida
Legal Description and Street Address NJA
Description of Work
Replacement of 20" Water Main Hangers
FRONT PAGE
All other bond page(s) are deemed subsequent to this page regardless of any page nurnber(s) that may be preprinted thereon.
t
.-
1 l.
Bond No. SEIFSU0318588
00710. FORM OF PERFORMANCE BOND
BY THIS BOND, We GRACE & NAEEM UDDIN, INC.
, as
Princioal, hereinafter called CONTRACTOR, and
Intetnational Fidelity Insurance
_~.E1..P~.!!-1"__________________, as Surety, are bound to the City of Miami
Reach, H Florirla'E' as Obliaee, hereinafter called CITY, in the amount of
Tfiree undrea 19hty Ffv~
1'E.9E~~!!~.A1!.c!.1l..pl1.Q.Q~~-_---- Dollars ($...J.62...QDJWl.Q) 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.: _ 40-01LQ.~__, awarded the _5t1L- day of
_Sept~.!l.Eer______, 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 Contrect between CONTRACTOR and CITY for construction of
REPLACEMENT OF 20 WATER MAIN HANGERS AT MACARTHUR the Contract being
CAUSEWAY EAST BIUI)GE. I,
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: 40-01102
DATE: 06/26/02
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 completi ng 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 E~1.!.._ day of _~_Se~tember
BID NO: 40-01102
DATE: 06/26/02
CITY OF MIAMI BEACH
52
, 20-91-.
.'
, ..
FORM OF PERFORMANCE BOND
(CORPORATE SEAL)
BID NO: 40-01102
DATE: 06/26/02
(Continued)
Grace & Naeem Uddin, Inc.
A. me of Corpo'Jti~~ .
. '~UrL
By: ~ ______
(Signature) .
. .. Gt'UJ ej at. Ll{>~~ .pUS
(Print Name and Title) 1
INSURANCE COMPANY:
:e~ti3~i~rante Company
Agent and A orney-in-Fact
Warren M. Alter
Address: One Newark Center-, 2bthFloor
(Street)
Newark, NJ 0710~.
-"""'"---
(City/State/Zip Code)
Telephone No.: ~97~..?4-7200__
CITY OF MIAMI BEACH
53
.'
. ..
Bond No. SEIFSU0318588
00720. FORMOF PAYMENT BOND
BY THIS BOND, We
GRACE & NAEEM UDDIN, INC.
, as
called
CONTRACTOR,
and
Princioal, hereinafter
Intetnational Fidelity Insurance
_Com.Pany___________________, as Surety, are bound to the City of Miami
RP-ach. ' H Florida, as OQligeeh hereinafter called CITY, in the amount of
~ree undred Eighty F~ve T ousand
_An<!-~~ / 1.Q.Q~~______________ Dollars ($}~2...!.Q.Q!L..Q.Q.~~J
whereof CONTRACTOR and Surety bind themselves, their
for the payment
heirs, executors,
administrators, successors and assigns, jointly and severally.
WHEREAS, CONTRACTOR has by written agreement entered into a Contract,
Bid/Contract No.: _~-Ol/O~__, awarded the .2th _ day of
,--_~~.E!em~~!..____...:.-, 20~f.._, with CITY which Contract Documents are by reference.
incorporated herein and made a part hereof, and specifically include provision for
liquidated damages, and other damages identified, and for the purposes of this Bond
are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND IS that if CONTRACTOR:
1. Pays CITY all losses, liquidated damages, expenses, costs and attorney's fees
including appellate proceedings, that CITY sustains because of default by
CONTRACTOR under the Contract; and
2. Promptly makes. payments to all claimants as defined by Florida Statute
255.05( 1) for all labor, materials and supplies used directly or indirectly by
CONTRACTOR in the performance of the Contract;
THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT
SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO
THE FOLLOWING CONDITIONS:
2.1. A claimant, except a laborer, who is not in privity with CONTRACTOR
and who has not received payment for its labor, materials, or supplies
shall, within forty-five (45) days after beginning to furnish labor,
materials, or supplies for the prosecution of the work, furnish to
CONTRACTOR a notice that he intends to look to the bond for
protection.
BID NO: 40-01102 CITY OF MIAMI BEACH
DATE: 06/26/02 54
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FORM OF PAYMENT BOND
(Continued)
2.2. A claimant who is not in privity with CONTRACTOR and who has not
received payment for its labor, materials, or supplies shall, within ninety
(90) days after performance of the labor or after complete delivery of the
materials or supplies, deliver to CONTRACTOR and to the Surety,
written notice of the performance of the labor or delivery of the materials
or supplies and of the nonpayment.
2.3. No action for the labor, materials, or supplies may be instituted against
CONTRACTOR or the Surety unless the notices stated under the
preceding conditions (2.1) and (2.2) have been given.
2.4. Any action under this Bond must be instituted in accordance with the
Notice and Time limitations provisions prescribed in Section 255.05(2),
Florida Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities
connected with the Contract or the changes does not affect the Surety's
obligation under this Bond.
Signed and sealed this _1f.t.1l._ day of
, 20..02-_.
September
CONTRACTOR
A
By:
(Signature) . ()
~~c..lE.lA- {jpp~. r~.
(Print Name and Title) J-
J_~ day of ~ ,20t)1. .
(Corporate Seal)
BID NO: 40-01102
DATE: 06/26/02
CITY OF MIAMI BEACH
55
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< ~
BID NO: 40-01/02
DATE: 06/26/02
INSURANCE COMPANY:
International Fidelity Insurance Company
By:
~
Aaent an Attorney-in-Fact
Wltrren M. Alter
Address: One Newark CenteI4 20th Floor
(Street)
Newark, NJ 071~2
---
(City/State/Zip Code)
Telephone No.: i97lli~4-1100___
CITY OF MIAMI BEACH
56
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00721. CERTIFICATE AS TO CORPORATE PRINcIPAL
I, __~~_U..2I2LL_______, certify that I am the
Secretary of the corporation named as Principal in the foregoing Performance and
Payment Bond (Performance Bond .and Payment Bond); that
_~~ ElA UDoI~__, who signed the Bond(s) on behalf of the Principal, was
then J~_~2-_ 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
aU ed to on behalf of said corporation by authority of its governing body.
(SEAL)
ry (on behalf of)
_~_~~M 19roltJ~~ .
Corporation
STATE OF FLORIDA )
) SS
COUNTY OF MIAMI-DADE )
Before me, a Notary Publicduly commissioned, qualified and acting personally,
appeared _-UJ1g~P1 l)]).JLLL______~ 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
_~Um1L~------, 20_~.
before
this
_l~
day
of
me
My commission expires:
~ ~ono~
Noti~-PUbli~ of F~k~
~""~VW!"" Thin Donovan
~. \i:>-: ~2
:.;,\ 1:'= Expires Dec. 1,2004
b ~.;~' .....#.$ Bonded TUu
y ----- Itll-~ AthwIiG :e..Jldi1l8 1*'-
,,~
Bonded
BID NO: 40-01102
DATE: 06/26/02
CITY OF MIAMI BEACH
57
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00735. PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL LETTER OF CREDIT:
Date of Issue
Issuing Bank's No. _____________
Beneficiarv:
Aoplicant:
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___________________________________________________________byorder
(branch address)
of and for the account of
(contractor, applicant, customer)
up to an aggregate amount, in United States Funds, of ____________ available
by your drafts at sight, accompanied by:
1 . A signed statement from the City Manager or his authorized designee, that the
drawing is due to default in performance of certain obligations on the part
______________ (contractor, applicant, customer) agreed upon by and
between the City of Miami Beach, Florida and ________________ (contractor),
pursuant to the ______________ (applicant, customer) Bid/Contract No.
____ for ______________ (name of project) and Section 255.05, Florida
Statutes.
Drafts must be drawn and negotiated not later than
(expiration date)
BID NO: 40-01/02
DATE: 06/26/02
CITY OF MIAMI BEACH
58
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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: 40-01102
DATE: 06/26/02
CITY OF MIAMI BEACH
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00800. GENERAL CONDITIONS:
1. Proiect Manuat
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: 40-01/02
DATE: 06/26102
CITY OF MIAMI BEACH
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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 progress schedule in the indicated form:
[ X] Bar Chart
[ ] Modified CPM
[ ] CPM
[ ] Computerized CPM
(CPM shall be interpreted to be generally as outlined in the
Association of General Contractors (AGC) publication, "The Use of
CPM in Construction.")
The progress schedule shall indicate the start and completion dates
of the various stages of the Work and shall show an activity
network for the planning and execution of the Work. Included with
the progress schedule shall be a narrative description of the
progress schedule. The progress schedule must be updated
monthly by CONTRACTOR, submitted as part of each Application
for Payment and shall be acceptable to CONSULTANT.
3.1.2. A preliminary schedule of Shop Drawing submissions; and
3.1.3. In a lump sum contract or in a contract which includes lump sum
bid items of Work, a preliminary schedule of values for all of the
Work which will include quantities and prices of items aggregating
the Contract Price and will subdivide the Work into component
parts in sufficient detail to serve as the basis for progress payments
during construction. Such prices will include an appropriate amount
of overhead and profit applicable to each item of work which will be
confirmed in writing by CONTRACTOR at the time of submission.
[ ] 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: 40-01/02
DATE: 06/26/02
CITY OF MIAMI BEACH
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utility relocation, provided, however, neither CONSULTANT nor
CITY shall be responsible for the nonperformance by the utility
owners.
3.2. At a time specified by CONSULTANT but before CONTRACTOR starts
the work at the Project site, a conference attended by CONTRACTOR,
CONSULTANT and others as deemed appropriate by Contract
Administrator, will be held to discuss the schedules referred to in Section
3.1, to discuss procedures for handling Shop Drawings and other
submittals and for processing Applications for Payment, and to establish a
working understanding among the parties as to the Work.
3.3. Within thirty-five (35) days from the Project Initiation Date set forth in the
Notice to Proceed, a conference attended by CONTRACTOR,
CONSULTANT and others, as appropriate, will be held to finalize the
schedules submitted in accordance with Section 3.1. Within forty-five (45)
days after the Project Initiation Date set forth in the Notice to Proceed, the
CONTRACTOR shall revise the original schedule submittal to address all
review comments from the CPM review conference and resubmit for
CONSULTANT review. The finalized progress schedule will be accepted
by CONSULTANT only as providing an orderly progression of the Work to
completion within the Contract Time, but such acceptance shall not
constitute acceptance by CITY or CONSULTANT of the means or
methods of construction or of the sequencing or scheduling of the Work,
and such acceptance will neither impose on CONSULTANT or CITY
responsibility for the progress or scheduling of the Work nor relieve
CONTRACTOR from full responsibility therefor. The finalized schedule of
Shop Drawing submissions must be acceptable to CONSULTANT as
providing a workable arrangement for processing the submissions. The
finalized schedule of values pursuant to Section 3.1.3 above must be
acceptable to CONSULTANT as to form and substance.
4. Performance Bond and 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: 40-01102
DATE: 06/26/02
CITY OF MIAMI BEACH
62
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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: 40-01102
DATE: 06/26/02
CITY OF MIAMI BEACH
63
. .
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company shall not exceed the underwriting limitation in the circular,
and the excess risks must be protected by coinsurance,
reinsurance, or other methods in accordance with Treasury Circular
297, revised September 1, 1978 (31 DFR Section 223.10, Section
223.111). Further, the surety company shall provide CITY with
evidence satisfactory to CITY, that such excess risk has been
protected in an acceptable manner.
5.1.3. The CITY will accept a surety bond from a company with a rating of
B+ or better for bonds up to $2 million, provided, however, that if
any surety company appears on the watch list that is published
quarterly by Intercom of the Office of the Florida Insurance
Commissioner, the CITY shall review and either accept or reject the
surety company based on the financial information available to the
CITY. A surety company that is rejected by the CITY may be
substituted by the Bidder or proposer with a surety company
acceptable to the CITY, only if the bid amount does not increase.
The following sets forth, in general, the acceptable parameters for
bonds:
Policy- Financial
holder's Size
Amount of Bond Ratinos Cateoorv
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: 40-01/02
DATE: 06/26/02
CITY OF MIAMI BEACH
64
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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. Indemnificatiol't
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: 40-01102 CITY OF MIAMI BEACH
DATE: 06/26/02 65
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7.1.1.1. . Employers' Liability with a limit of _1_~_
111_"_ ,._) 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,<3~neral U~bil~ty with minimum limits of _
11.'1_111__11 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.
[Xl 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: 40-01102
DATE: 06/26/02
CITY OF MIAMI BEACH
66
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7 .1.3. ~,~si~,~~,~~,~!9m,o~iI~..9iability with minimum Ii~its o~ .._
1I1.1I.11I11I1~. per occurrence, combined single limit for
Bodily Injury Liability and Property Damage Liability. Coverage
must be afforded on a form no more restrictive than the latest
edition of the Business Automobile Liability policy, without
restrictive endorsements, as filed by the Insurance Services Office,
and must include:
7.1.3.1.
Owned Vehicles.
7.1.3.2.
Hired and Non-Owned Vehicles.
7.1.3.3.
Employers' Non-Ownership. (Not Applicable to this bid)
[ ] 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.
BID NO: 40-01102
DATE: 06/26/02
CITY OF MIAMI BEACH
67
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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.
BID NO: 40-01102
DATE: 06/26/02
CITY OF MIAMI BEACH
68
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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.
BID NO: 40-01/02
DATE: 06/26/02
CITY OF MIAMI BEACH
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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
of the Contract Documents and fulfillment of this Contract as to the
character, quality, amount and value of any work done and materials
furnished, or proposed to be done or furnished under or, by reason of, the
Contract Documents and CONSULTANT's estimates and decisions upon
all claims, questions, difficulties and disputes shall be final and binding to
the extent provided in Section 12.2. Any claim, question, difficulty or
dispute which cannot be resolved by mutual agreement of CITY and
CONTRACTOR shall be submitted to CONSULTANT in writing within
twenty-one (21) calendar days. Unless a different period of time is set
forth herein, CONSULTANT shall notify CITY and CONTRACTOR in
writing of CONSULTANT's decision within twenty-one (21) calendar days
from the date of the submission of the claim, question, difficulty or dispute,
unless CONSULTANT requires additional time to gather information or
allow the parties to provide additional information. All nontechnical
administrative disputes shall be determined by the Contract Administrator
pursuant to the time periods provided herein. During the pendency of any
dispute and after a determination thereof, CONTRACTOR, CONSULTANT
and CITY shall act in good faith to mitigate any potential damages
including utilization of construction schedule changes and alternate means
of construction.
12.2 In the event the determination of a dispute under this Article is
unacceptable to either party hereto, the party objecting to the
determination must notify the other party in writing within ten (10) days of
receipt of the written determination. The notice must state the basis of the
objection and must be accompanied by a statement that any Contract
Price adjustment claimed is the entire adjustment to which the objecting
party has reason to believe it is entitled to as a result of the determination.
Within sixty (60) days after Final Completion of the Work, the parties ~hall
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, CONSULTANT's instructions,
any laws, ordinances, or any public authority require any of the
Work to be specially tested or approved, CONTRACTOR shall
give CONSULTANT timely notice of readiness of the Work for
testing. If the testing or approval is to be made by an authority
other than CITY, timely notice shall be given of the date fixed
for such testing. Testing shall be made promptly, and, where
practicable, at the source of supply. If any of the Work should
be covered up without approval or consent of CONSULTANT, it
must, if required by CONSULTANT, be uncovered for
examination and properly restored at CONTRACTOR's
expense.
Reexamination of any of the Work may be ordered by
CONSULTANT with prior written approval by the Contract
Administrator, and if so ordered, the Work must be uncovered
by CONTRACTOR. If such Work is found to be in accordance
with the Contract Documents, CITY shall pay the cost of
reexamination and replacement by means of a Change Order.
If such Work is not in accordance with the Contract Documents,
CONTRACTOR shall pay such cost.
13.2. Inspectors shall have no authority to permit deviations from, nor to relax
any of the provisions of, the Contract Documents nor to delay the Contract
by failure to inspect the materials and work with reasonable promptness
without the written permission or instruction of CONSULTANT.
13.3. The payment of any compensation, whatever may be its character or form,
or the giving of any gratuity or the granting of any favor by CONTRACTOR
to any inspector, directly or indirectly, is strictly prohibited, and any such
act on the part of CONTRACTOR will constitute a breach of this Contract.
14. Superintendence and Supervision:
14.1. The orders of CITY are to be given through CONSULTANT, which
instructions are to be strictly and promptly followed in every case.
CONTRACTOR shall keep on the Project during its progress, a full-time
competent English speaking superintendent and any necessary
assistants, all satisfactory to CONSULTANT. The superintendent shall not
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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, personnel, equipment and subcontractors at the Project site; visitors
to the Project site, including representatives of , CONSULTANT,
regulatory representatives; any special or unusual conditions or
occurrences encountered; and the time of termination of work for the day.
All information shall be recorded in the daily log in ink. The daily log shall
be kept on the Project site and shall be available at all times for inspection
and copying by CITY and CONSULTANT.
14.3. The Contract Administrator, CONTRACTOR and CONSULTANT shall
meet at least weekly or as determined by the Contract Administrator,
during the course of the Work to review and agree upon the work
performed to date and to establish the controlling items of work for the
next two weeks. The CONSULTANT shall publish, keep, and distribute
minutes and any comments thereto of each such meeting.
14.4. If CONTRACTOR, in the course of prosecuting the Work, finds any
discrepancy between the Contract Documents and the physical conditions
of the locality, or any errors, omissions, or discrepancies in the Project
Manual, it shall be CONTRACTOR's duty to immediately inform
CONSULTANT, in writing, and CONSULTANT will promptly review the
same. Any work done after such discovery, until authorized, will be done
at CONTRACTOR's sole risk.
14.5. CONTRACTOR shall supervise and direct the Work competently and
efficiently, devoting such attention thereto and applying such skills and
expertise as may be necessary to perform the Work in accordance with
the Contract Documents. CONTRACTOR shall be solely responsible for
the means, methods, techniques, sequences and procedures of
construction.
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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
completion of the Work, or shall perform the Work unsuitably, or cause it
to be rejected as defective and unsuitable, or shall discontinue the
prosecution of the Work pursuant to the accepted schedule or if
CONTRACTOR shall fail to perform any material term set forth in the
Contract Documents or if CONTRACTOR shall become insolvent or be
declared bankrupt, or commit any act of bankruptcy or insolvency, or shall
make an assignment for the benefit of creditors, or from any other cause
whatsoever shall not carry on the Work in an acceptable manner, Contract
Administrator may give notice in writing to CONTRACTOR and its Surety
of such delay, neglect or default, specifying the same. If CONTRACTOR,
within a period of five (5) calendar days after such notice, shall not
proceed in accordance therewith, then CITY may upon written certificate
from CONSULTANT of the fact of such delay, neglect or default and
CONTRACTOR's failure to comply with such notice, terminate the
services of CONTRACTOR, exclude CONTRACTOR from the Project site
and take the prosecution of the Work out of the hands of CONTRACTOR,
and appropriate or use any or all materials and equipment on the Project
site as may be suitable and acceptable. In such case, CONTRACTOR
shall not be entitled to receive any further payment until the Project is
completed. In addition CITY may enter into an agreement for the
completion of the Project according to the terms and provisions of the
Contract Documents, or use such other methods as in CITY's sole opinion
shall be required for the completion of the Project according to the terms
and provisions of the Contract Documents, or use such other methods as
in CITY's sole opinion shall be required for the completion of the Project in
an acceptable manner. All damages, costs and charges incurred by CITY,
together with the costs of completing the Project, shall be deducted from
any monies due or which may become due to CONTRACTOR. In case
the damages and expenses so incurred by CITY shall exceed the unpaid
balance, then CONTRACTOR shall be liable and shall pay to CITY the
amount of said excess.
15.2. If after notice of termination of CONTRACTOR's right to proceed, it is
determined for any reason that CONTRACTOR was not in default, the
rights and obligations of CITY and CONTRACTOR shall be the same as if
the notice of termination had been issued pursuant to the Termination for
Convenience clause as set forth in Section 15.3 below.
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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. Riahts of Various Interests:
Whenever work being done by CITY's forces or by other contractors is
contiguous to or within the limits of work covered by this Contract, the respective
rights of the various interests involved shall be established by the Contract
Administrator to secure the completion of the various portions of the work in
general harmony.
19. Differina Site Conditions:
In the event that during the course of the Work CONTRACTOR encounters
subsurface or concealed conditions at the Project site which differ materially from
those shown on the Contract Documents and from those ordinarily encountered
and generally recognized as inherent in work of the character called for in the
Contract Documents; or unknown physical conditions of the Project site, of an
unusual nature, which differ materially from that ordinarily encountered and
generally recognized as inherent in work of the character called for in the
Contract Documents, CONTRACTOR, without disturbing the conditions and
before performing any work affected by such conditions, shall, within twenty-four
(24) hours of their discovery, notify CITY and CONSULTANT in writing of the
existence of the aforesaid conditions. CONSULTANT and CITY shall, within two
(2) business days after receipt of CONTRACTOR's written notice, investigate the
site conditions identified by CONTRACTOR. If, in the sole opinion of
CONSULTANT, the conditions do materially so differ and cause an increase or
decrease in CONTRACTOR's cost of, or the time required for, the performance
of any part of the Work, whether or not charged as a result of the conditions,
CONSULTANT shall recommend an equitable adjustment to the Contract Price,
or the Contract Time, or both. If CITY and CONTRACTOR cannot agree on an
adjustment in the Contract Price or Contract Time, the adjustment shall be
referred to CONSULTANT for determination in accordance with the provisions of
Article 12. Should CONSULTANT determine that the conditions of the Project
site are not so materially different to justify a change in the terms of the Contract,
CONSULTANT shall so notify CITY and CONTRACTOR in writing, stating the
reasons, and such determination shall be final and binding upon the parties
hereto.
No request by CONTRACTOR for an equitable adjustment to the Contract under
this provision shall be allowed unless CONTRACTOR has given written notice in
strict accordance with the provisions of this Article. No request for an equitable
adjustment or change to the Contract Price or Contract Time for differing site
conditions shall be allowed if made after the date certified by CONSULTANT as
the date of substantial completion.
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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
disagreement between the written 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 CONSUL T ANT.
22. CONTRACTOR's Responsibilitv for Damaaes and Accidents:
22.1. CONTRACTOR shall accept full responsibility for the Work against all bss
or damage of whatsoever nature sustained until final acceptance by CITY,
and shall promptly repair any damage done from any cause whatsoever,
except as provided in Article 29.
22.2. CONTRACTOR shall be responsible for all materials, equipment and
supplies pertaining to the Project. In the event any such materials,
equipment and supplies are lost, stolen, damaged or destroyed prior to
final acceptance by CITY, CONTRACTOR shall replace same without cost
to CITY, except as provided in Article 29.
23. Warranty,
CONTRACTOR warrants to CITY that all materials and equipment furnished
under this Contract will be new unless otherwise specified and that all of the
Work will be of good quality, free from faults and defects and in conformance with
the Contract Documents. All work not conforming to these requirements,
including substitutions not properly approved and authorized, may be considered
defective. If required by CONSULTANT, CONTRACTOR shall furnish
satisfactory evidence as to the kind and quality of materials and equipment. This
warranty is not limited by the provisions of Article 25 herein.
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24. SUDDlementarv Drawinas:
24.1. When, in the opinion of CONSULTANT, it becomes necessary to explain
the Work to be done more fully, or to illustrate the Work further, or to show
any changes which may be required, supplementary drawings, with
specifications pertaining thereto, will be prepared by CONSULTANT.
24.2. The supplementary drawings shall be binding upon CONTRACTOR with
the same force as the Project Manual. Where such supplementary
drawings require either less or more than the original quantities of work,
appropriate adjustments shall be made by Change Order.
25. Defective Work:
25.1. CONSULTANT shall have the authority to reject or disapprove work which
CONSULTANT finds to be defective. If required by CONSULTANT,
CONTRACTOR shall promptly either correct all defective work or remove
such defective work and replace it with nondefective work.
CONTRACTOR shall bear all direct, indirect and consequential costs of
such removal or corrections including cost of testing laboratories and
personnel.
25.2. Should CONTRACTOR fail or refuse to remove or correct any defective
work or to make any necessary repairs in accordance with the
requirements of the Contract Documents within the time indicated in
writing by CONSULTANT, CITY shall have the authority to cause the
defective work to be removed or corrected, or make such repairs as may
be necessary at CONTRACTOR's expense. Any expense incurred by
CITY in making such removals, corrections or repairs, shall be paid for out
of any monies due or which may become due to CONTRACTOR, or may
be charged against the Performance Bond. In the event of failure of
CONTRACTOR to make all necessary repairs promptly and fully, CITY
may declare CONTRACTOR in default.
25.3. If, within one (1) year after the date of substantial completion or such
longer period of time as may be prescribed by the terms of any applicable
special warranty required by the Contract Documents, or by any specific
provision of the Contract Documents, any of the Work is found to be
defective or not in accordance with the Contract Documents,
CONTRACTOR, after receipt of written notice from CITY, shall promptly
correct such defective or nonconforming Work within the time specified by
CITY without cost to CITY, to do so. Nothing contained herein shall be
construed to establish a period of limitation with respect to any other
obligation which CONTRACTOR might have under the Contract
Documents including but not limited to, Article 23 hereof and any claim
regarding latent defects.
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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 al 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).1.2:t!. percent of the Contract Price.
28. Separate Contracts:
28.1. CITY reserves he 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 com pies all items noted on the
Certificate of Substantial Completion within the time specified
by CONSULTANT on the Certificate of Substantial Completion,
as soon as possible and request final inspection and final
acceptance of the portion of the Work occupied. Upon
completion of final inspection and receipt of an application for
final payment, CONSULTANT shall issue a Final Certificate of
Payment relative to the occupied area.
29.2.5. If CITY finds it necessary to occupy or use a portion or portions
of the Work prior to Substantial Completion thereof, such
occupancy or use shall not commence prior to a time mutually
agreed upon by CITY and CONTRACTOR and to which the
insurance company or companies providing the property
insurance have consented by endorsement to the policy or
policies. Insurance on the unoccupied or unused portion or
portions shall not be canceled or lapsed on account of such
partial occupancy or use. Consent of CONTRACTOR and of
the insurance company or companies to such occupancy or
use shall not be unreasonably withheld.
30. Lands for Work:
30.1. CITY shall provide, as may be indicated in the Contract Documents, the
lands upon which the Work is to be performed, rights-of-way and
easements for access thereto and such other lands as are designated by
CITY or the use of CONTRACTOR.
30.2. CONTRACTOR shall provide, at CONTRACTOR's own expense and
without liability to CITY, any additional land and access thereto that may
be required for temporary construction facilities, or for storage of
materials. CONTRACTOR shall furnish to CITY copies of written
permission obtained by CONTRACTOR from the owners of such facilities.
31 . Leoal 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 Damaae to Existina Facilities. Eauipment or Utilities:
32.1. As far as possible, all existing utility lines in the Project area have been
shown on the plans. However, CITY does not guarantee that all lines are
shown, or that the ones indicated are in their true location. It shall be the
CONTRACTOR S responsibility to identify and locate all underground
and overhead utility lines or equipment affecting or affected by the Project.
No additional payment will be made to the CONTRACTOR because of
discrepancies in actual and plan location of utilities, and damages suffered
as a result thereof.
32.2. The CONTRACTOR shall notify each utility company involved at least ten
(10) days prior to the start of construction to arrange for positive
underground location, relocation or support of its utility where that utility
may be in conflict with or endangered by the proposed construction.
Relocation of water mains or other utilities for the convenience of the
CONTRACTOR shall be paid by the CONTRACTOR. All charges by utility
companies for temporary support of its utilities shall be paid for by the
CONTRACTOR. All costs of permanent utility relocation to avoid conflict
shall be the responsibility of the utility company involved. No additional
payment will be made to the CONTRACTOR for utility relocations,
whether or not said relocation is necessary to avoid conflict with other
lines.
32.3. The CONTRACTOR shall schedule the work in such a manner that the
work is not delayed by the utility providers relocating or supporting their
utilities. The CONTRACTOR shall coordinate its activities with any and all
public and private utility providers occupying the right-of-way. No
compensation will be paid to the CONTRACTOR for any loss of time or
delay.
32.4. All overread, 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.
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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
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such change. This section shall not prohibit the issuance of Change
Orders executed only by CITY as hereinafter provided.
36. Field Orders and Supolementallnstructions:
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. Chanae Orders:
37.1. Changes in the quantity or character of the Work within the scope of the
Project which are not properly the subject of Field Orders or Supplemental
Instructions, including all changes resulting in changes in the Contract
Price, or the Contract Time, shall be authorized only by Change Orders
approved in advance and issued in accordance with the provisions of the
CITY.
37.2. All changes to construction contracts must be approved in advance in
accordance with the value of the Change Order or the calculated value of
the time extension. All Change Orders with a value of $25,000 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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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
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DATE: 06/26/02 84
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the work. Payroll costs shall include, but not be limited to,
salaries and wages plus the cost of fringe benefits which shall
include social security contributions, unemployment, excise and
payroll taxes, workers' or workmen's compensation, health and
retirement benefits, bonuses, sick leave, vacation and holiday
pay application thereto. Such employees shall include
superintendents and foremen at the site. The expenses of
performing the work after regular working hours, on Sunday or
legal holidays, shall be included in the above to the extent
authorized by CITY.
38.2.2. Cost of all materials and equipment furnished and incorporated
in the work, including costs of transportation and storage
thereof, and manufacturers' field services required in connection
therewith. All cash discounts shall accrue to CONTRACTOR
unless CITY deposits funds with CONTRACTOR with which to
make payments, in which case the cash discounts shall accrue
to CITY. All trade discounts, rebates and refunds, and all
returns from sale of surplus materials and equipment shall
accrue to CITY and CONTRACTOR shall make provisions so
that they may be obtained. Rentals of all construction
equipment and machinery and the parts thereof whether rented
from CONTRACTOR or others in accordance with rental
agreements approved by CITY with the advice of
CONSULTANT and the costs of transportation, loading,
unloading, installation, dismantling and removal thereof, all in
accordance with the terms of said agreements. The rental of
any such equipment, machinery or parts shall cease when the
use thereof is no longer necessary for the work.
38.2.3. Payments made by CONTRACTOR to Subcontractors for work
performed by Subcontractors. If required by CITY,
CONTRACTOR shall obtain competitive bids from
Subcontractors acceptable to CONTRACTOR and shall deliver
such bids to CITY who will then determine, with the advice of
CONSULTANT, which bids will be accepted. If the Subcontract
provides that the Subcontractor is to be paid on the basis of cost
of the work plus a fee, the Subcontractor's cost of the work shall
be determined in the same manner as CONTRACTOR'S cost of
the work. All Subcontractors shall be subject to the other
provisions of the Contract Documents insofar as applicable.
38.2.4. Cost of special consultants, including, but not limited to,
engineers, architects, testing laboratories, and surveyors
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employed for services specifically related to the performance of
the work described in the Change Order.
38.2.5. Supplemental costs including the following:
38.2.5.1. The proportion of necessary transportation, travel
and subsistence expenses of CONTRACTOR's
employees incurred in discharge of duties connected
with the work except for local travel to and from the
site of the work.
38.2.5.2. Cost, including transportation and maintenance, of all
materials, supplies, equipment, machinery, 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
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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
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DATE: 06/26/02 87
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one half percent (7.5%); and if a subcontract is on
the basis of cost of the work plus a fee, the
maximum allowable to the Subcontractor as a fee
for overhead and profit shall not exceed ten
percent (10%); and
No fee shall be payable on the basis of costs
itemized under Sections 38.2.4 and 38.2.5,
(except Section 38.2.5.3), and Section 38.3.
38.5. The amount of credit to be allowed by CONTRACTOR to CITY for CIly
such change which results in a net decrease in cost, will be the amount of
the actual net decrease. When both additions and credits are involved in
anyone change, the combined overhead and profit shall be figured on the
basis of the net increase, if any, however, CONTRACTOR shall not be
entitled to claim lost profits for any Work not performed.
38.4.2.3.
38.6. Whenever the cost of any work is to be determined pursuant to Sections
38.2 and 38.3, CONTRACTOR will submit in a form acceptable to
CONSULTANT an itemized cost breakdown together with the supporting
data.
38.7. Where the quantity of any item of the Work that is covered by a unit price
is increased or decreased by more than twenty percent (20%) from the
quantity of such work indicated in the Contract Documents, an appropriate
Change Order shall be issued to adjust the unit price, if warranted.
38.8. Whenever a change in the Work is to be based on mutual acceptance of a
lump sum, whether the amount is an addition, credit or no change-in-cost,
CONTRACTOR shall submit an initial cost estimate acceptable to
CONSULTANT and Contract Administrator.
38.8.1. Breakdown shall list the quantities and unit prices for materials,
labor, equipment and other items of cost.
38.8.2. Whenever a change involves CONTRACTOR and one or more
Subcontractors and the change is an increase in the Contract
Price, overhead and profit percentage for CONTRACTOR and
each Subcontractor shall be itemized separately.
38.9. Each Change Order must state within the body of the Change Order
whether it is based upon unit price, negotiated lump sum, or "cost of the
work."
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39. Notification and Claim for Chanae of Contract Time or Contract Price:
39.1. Any claim for a change in the Contract Time or Contract Price shall be
made by written notice by CONTRACTOR to the Contract Administrator
and to CONSULTANT within five (5) calendar days of the commencement
of the event giving rise to the claim and stating the general nature and
cause of the claim. Thereafter, within twenty (20) calendar days of the
termination of the event giving rise to the claim, written notice of the extent
of the claim with supporting information and documentation shall be
provided unless CONSULTANT allows an additional period of time to
ascertain more accurate data in support of the claim and such notice shall
be accompanied by CONTRACTOR's written notarized statement that the
adjustment claimed is the entire adjustment to which the CONTRACTOR
has reason to believe it is entitled as a result of the occurrence of said
event. All claims for changes in the Contract Time or Contract Price shall
be determined by CONSULTANT in accordance with Article 12 hereof, if
CITY and CONTRACTOR cannot otherwise agree. IT IS EXPRESSLY
AND SPECIFICAllY AGREED THAT ANY AND All CLAIMS FOR
CHANGES TO THE CONTRACT TIME OR CONTRACT PRICE SHAll
BE WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH
THE REQUIREMENTS OF THIS SECTION,
39.2. The Contract Time will be extended in an amount equal to time lost on
critical Work items due to delays beyond the control of and through no
fault or negligence of CONTRACTOR if a claim is made therefor as
provided in Section 39.1. Such delays shall include, but not be limited to,
acts or neglect by any separate contractor employed by CITY, fires,
floods, labor disputes, epidemics, abnormal weather conditions or acts of
God.
40. No Damaaes for Delay.
No claim for damages or any claim, other than for an extension of time, shall be
made or asserted against CITY by reason of any delays except as provided
herein. CONTRACTOR shall not be entitled to an increase in the Contract Price
or payment or compensation of any kind from CITY for direct, indirect,
consequential, impact or other costs, expenses or damages, including but not
limited to costs of acceleration or inefficiency, arising because of delay,
disruption, interference or hindrance from any cause whatsoever, whether such
delay, disruption, interference or hindrance be reasonable or unreasonable,
foreseeable or unforeseeable, or avoidable or unavoidable; provided, however,
that this provision shall not preclude recovery of damages by CONTRACTOR for
actual delays due solely to fraud, bad faith or active interference on the part of
CITY or its CONSULTANT. Otherwise, CONTRACTOR shall be entitled only to
BID NO: 40-01102
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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
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bonding capacity, loss of opportunity and all other indirect costs incurred
by CONTRACTOR. The amount of liquidated indirect costs recoverable
shall be ____~__ 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 th~ 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
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Section 218.74(4), Florida Statutes (1989) as such relates to the payment of
interest, shall apply to valid and proper invoices.
44. Shop Drawinas:
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.
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DATE: 06/26/02 92
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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 DrawinQs:
45.1. The entire responsibility for establishing and maintaining line and grade in
the field lies with CONTRACTOR. CONTRACTOR shall maintain an
accurate and precise record of the location and elevation of all pipe lines,
conduits, structures, maintenance access structures, handholes, fittings
and the like and shall prepare record or "as-built" drawings of the same
which are sealed by a Professional Surveyor. CONTRACTOR shall
deliver these records in good order to CONSULTANT as the Work is
completed. The cost of all such field layout and recording work is
included in the prices bid for the appropriate items. All record drawings
shall be made on reproducible paper and shall be delivered to
CONSULTANT prior to, and as a condition of, final payment.
45.2. CONTRACTOR shall maintain in a safe place at the Project site one
record copy of all Drawings, Plans, Specifications, Addenda, written
amendments, Change Orders, Field Orders and written interpretations
and clarifications in good order and annotated to show all changes made
during construction. These record documents together with all approved
samples and a counterpart of all approved Shop Drawings shall be
available at all times to CONSULTANT for reference. Upon Final
Completion of the Project and prior to Final Payment, these record
documents, samples and Shop Drawings shall be delivered to the
Contract Administrator.
BID NO: 40-01/02 CITY OF MIAMI BEACH
DATE: 06/26/02 93
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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. Safety and Protection:
46.1. CONTRACTOR shall be solely responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the
Project. CONTRACTOR shall take all necessary precautions for the
safety of, and shall provide the necessary protection to prevent damage,
injury or loss to:
46.1.1. All employees on the work site and other persons who may be
affected thereby;
46.1.2. All the work and all materials or equipment to be incorporated
therein, whether in storage on or off the Project site; and
46.1.3. Other property at the Project site or adjacent thereto, including
trees, shrubs, lawns, walks, pavements, roadways, structures
and utilities not designated for removal, relocation or
replacement in the course of construction.
46.2. CONTRACTOR shall comply with all applicable laws, ordinances, rules,
regulations and orders of any public body having jurisdiction for the safety
of persons or property or to protect them from damage, injury or loss; and
shall erect and maintain all necessary safeguards for such safety and
protection. CONTRACTOR shall notify owners of adjacent property and
utilities when prosecution of the work may affect them. All damage, injury
or loss to any property referred to in Sections 46.1.2 and 46.1.3 above,
caused directly or indirectly, in whole or in part, by CONTRACTOR, any
Subcontractor or anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable, shall be remedied by
CONTRACTOR. CONTRACTOR's duties and responsibilities for the
safety and protection of the work shall continue until such time as all the
Work is completed and CONSULTANT has issued a notice to CITY and
CONTRACTOR that the Work is acceptable except as otherwise provided
in Article 29 hereof.
46.3. CONTRACTOR shall designate a responsible member of its organization
at the Work site whose duty shall be the prevention of accidents. This
person shall be CONTRACTOR'S superintendent unless otherwise
designated in writing by CONTRACTOR to CITY.
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[X]47.
Final Bill of Materials:
CONTRACTOR shall be required to submit to CITY and CONSULTANT a final
bill of materials with unit costs for each bid item for supply of materials in place.
This shall be an itemized list of all materials with a unit cost for each material and
the total shall agree with unit costs established for each Contract item. A Final
Certificate for Payment cannot be issued by CONSULTANT until CONTRACTOR
submits the final bill of materials and CONSULTANT verifies the accuracy of the
units of Work.
48. Payment 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: 40-01102 CITY OF MIAMI BEACH
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the CONTRACTOR to additional Contract Time as noncompensable,
excusable delay, and shall not give rise to a claim for compensable delay.
51. Cleanina Up; City'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 of the
Project, CONTRACTOR shall remove all its waste materials and rubbish from
and about the Project as well as its tools, construction equipment, machinery and
surplus materials. If CONTRACTOR fails to clean up during the prosecution of
the Work or at the completion of the Work, CITY may do so and the cost thereof
shall be charged to CONTRACTOR. If a dispute arises between CONTRACTOR
and separate contractors as to their responsibility for cleaning up, CITY may
clean up and charge the cost thereof to the contractors responsible therefor as
CONSULTANT shall determine to be just.
52. Removal of 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 II of the
ADA (regarding nondiscrimination on the basis of disability), and all applicable
regulations, guidelines, and standards. In addition, CONTRACTOR shall take
affirmative steps to ensure nondiscrimination in employment against disabled
persons.
CONTRACTOR's decisions regarding the delivery of services under this
Agreement shall be made without regard to or consideration of race, age,
religion, color, gender, sexual orientation, national origin, marital status, physical
or mental disability, political affiliation, or any other factor which cannot be
lawfully used as a basis for service delivery.
BID NO: 40-01/02
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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.
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00900. SUPPLEMENTARY CONDITIONS:
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00920. ADDITIONAL ARTICLES:
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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 Projects:
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: 40-01102 CITY OF MIAMI BEACH
DATE: 06/26/02 99
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00922. STATEMENT OF COMPLIANCE
(PREVAILING WAGE RATE ORDINANCE NO. 94-2960)
Contract No. _____
No.____________________________
Project Title _______________
-------------------------------
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:
By:
(Signature)
-------------------------
(Print Name and Title)
STATE OF
COUNTY OF
)
) SS
)
The foregoing instrument was acknowledged before me this ______ day of
__________________,20__,by______________________________________who is
personally known to me or who has produced _________________ as
identification and who did/did not take an oath.
WITNESS my hand and official seal, this ___ day of __________, 20_.
(NOTARY SEAL)
---------------------------------
(Signature of person taking acknowledgment)
(Name of officer taking acknowledgment)
(typed, printed or stamped)
--------------------------
(Title or rank)
----------------------------
(Serial number, if any)
My commission expires:
BID NO: 40-01102
DATE: 06/26/02
CITY OF MIAMI BEACH
100
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00923. STATEMENT OF COMPLIANCE
lOA VIS 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
)
) SS
)
COUNTY OF
The foregoing instrument was acknowledged before me this ____ day of
______________, 20_, by ________________________ who is
personally known to me or who has produced __________________ as
identification and who did/did not take an oath.
WITNESS my hand and official seal, this ______ day of _________, 20__.
(NOTARY SEAL)
(Signature of person taking acknowledgment)
-------------------------
(Name of officer taking acknowledgment)
(typed, printed or stamped)
--------------------------
(Title or rank)
---------------------
(Serial number, if any)
My commission expires:
BID NO: 40-01102
DATE: 06/26/02
CITY OF MIAMI BEACH
101
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00925. CERTIFICATE OF SUBSTANTIAL COMPLETION:
PROJECT:
(name, address)
CONSULTANT:
BID/CONTRACT NUMBER:
TO (CITY):
CONTRACTOR:
CONTRACT FOR:
NOTICE TO PROCEED DATE:
DATE OF ISSUANCE:
PROJECT OR DESIGNATED PORTION SHALL INCLUDE:
The Work performed under this Contract has been reviewed and found to be
substantially complete and all documents required to be submitted by CONTRACTOR
under the Contract Documents have been received and accepted. The Date of
Substantial Completion of the Project or portion thereof designated above is hereby
established as
which is also the date of commencement of applicable warranties required by the
Contract Documents, except as stated below.
DEFINITION OF DATE OF SUBSTANTIAL COMPLETION
The Date of Substantial Completion of the Work or portion
thereof designated by CITY is the date certified by
CONSULTANT when all conditions and requirements of
permits and regulatory agencies have been satisfied and the
Work, is sufficiently complete in accordance with the
Contract Documents, so the Project is available for beneficial
occupancy by CITY. A Certificate of Occupancy must be
issued for Substantial Completion to be achieved, however,
the issuance of a Certificate of Occupancy or the date
thereof are not to be determinative of the achievement or
date of Substantial Completion.
BID NO: 40-01102
DATE: 06/26/02
CITY OF MIAMI BEACH
102
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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: 40-01/02
DATE: 06/26/02
CITY OF MIAMI BEACH
103
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00926. FINAL CERTIFICATE OF PAYMENT:
PROJECT:
(name, address)
CONSULTANT:
BID/CONTRACT NUMBER:
TO (CITY):
CONTRACTOR:
CONTRACT FOR:
NOTICE TO PROCEED DATE:
DATE OF ISSUANCE:
All conditions or requirements of any permits or regulatory agencies have been
satisfied. The documents required by Section 5.2 of the Contract, and the final bill of
materials, if required, have been received and accepted. The Work required by the
Contract Documents has been reviewed and the undersigned certifies that the Work,
including minor corrective work, has been completed in accordance with the provision of
the Contract Documents and is accepted under the terms and conditions thereof.
----------------------- ------------------------------
CONSULTANT
BY
DATE
CITY, through the Contract Administrator, accepts the work as fully complete and will
assume full possession thereof at ____________________________________
______________________________ (time)
(date).
City of Miami Beach, Florida
------------------------- ----------
By Contract Administrator Date
BID NO: 40-01102
DATE: 06/26/02
CITY OF MIAMI BEACH
104
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o.
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:
(Signature)
-----------------------------
(Secretary)
------------------------
(Corporate Seal)
(Print Name and Title)
____ day of _____________, 20___.
F:\A TTO\AGUR\AGREEMNT\frontend\stdfnn. frtend.fnl.doc
BID NO: 40-01102
DATE: 06/26/02
CITY OF MIAMI BEACH
105
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[If not incorporated sign below.]
WITNESSES:
------------------
---------------------
F:\A TTO\AGUR\AGREEMNT\frontend\stdfrm.frtend.fnl.doc
BID NO: 40-01102
DATE: 06/26/02
CONTRACTOR
------------------
(Name of Firm)
By:
-------------------
(Signature)
--------------------
(Print Name and Title)
____ day of _______________, 20__.
CITY OF MIAMI BEACH
106
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..
[X] 00950. DRAWINGS INDEX:
I. Drawings/Plans for the Replacement of 20" Water Main Hangers at
MacArthur Causeway East Bridge prepared by the City of Miami Beach
Public Works Department.
* 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 returned to T -Square Miami before prospective
bidders will receive requested plans and specifications. Following is a list of
Drawings of the bid set.
Sheet No.
Drawina Descrlotion
1
2
3
4
5
6
7
8
9
10
11
Cover Sheet & Index of Drawings
Key Map of Plans & Elevations Sheets/Details
Bridge Plan & Elevation from Station 0+00 to Station 3+03
Bridge Plan & Elevation from Station 3+03 to Station 6+11
Bridge Plan & Elevation from Station 6+11 to Station 9+21
Bridge Plan & Elevation from Station 9+21 to Station 12+22
Bridge Plan & Elevation from Station 12+22 to Station 15+30
Bridge Plan & Elevation from Station 15+30 to Station 18+38
Bridge Plan & Elevation from Station 18+38 to Station 19+42
Bridge Plan & Elevation from Station 19+42 to Station 20+44
Bridge Plan & Elevation from Station 20+44 to Station 21 +40
BID NO: 40-01102
DATE: 06126/01
CITY OF MIAMI BEACH
107
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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: 40-01102
DATE: 06/26/01
CITY OF MIAMI BEACH
108
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02000. TECHNICAL SPECIFICATIONS:
BID NO. 40-01/02
REPLACEMENT OF 20" WATER MAIN HANGERS
AT MACARTHUR CAUSEWAY EAST BRIDGE
I, Specifications for the Replacement of 20" Water Main Hangers at MacArthur
Causeway East Bridge prepared by the City of Miami Beach Public Works
Department.
SCOPE OF WORK
BASE BID
This Work shall include the total cost for the provision and replacement of existing
hangers supporting the existing 20" cast iron water main at the South side of East
MacArthur Causeway bridge. The work consists of installation of new stainless steel
alloy type 304 hangers as shown in the drawings, including all labor, equipment and
material necessary to complete the project and removal of old hangers. This Work shall
commence by August 15, 2002 and must be substantially completed by November 30,
2002. Should the City award only one (1) contract, the Alternate #1 (Painting) work
shall be substantially completed by December 20,2002.
Liquidated Damages will be assessed for the Base Bid at the rate of Three-hundred
dollars ($300) per day after November 30, 2002, and until final completion, which will
be the day the City accepts the Work.
Upon satisfactory completion of the hanger installations, the Florida Department of
Transportation (F.D.O.T.) Contractor will begin the repairs on the bridge. The contractor
will be responsible for the maintenance of traffic and obtaining all applicable permits
from F.D.O.T. and any other agencies. All traffic lanes shall be kept open at all times,
except closure of one east-bound lane along the south walkway of the bridge. The
flagmen and any necessary Maintenance of Traffic (M.O.T.) shall be in accordance with
F.D.O.T. permit .The work includes managing, scheduling and coordinating all work, in
order to complete the project in accordance with the Drawings/Plans and the following
Scope of Work/Specifications:
1. Mobilization and maintenance of traffic and hoisting of material for the installation of
new stainless steel type 304 hangers.
2. Provide the required bridge-scaffolding /platform for the crew to install new hangers
and remove existing hangers.
3. Core drill approximately 215 holes in concrete bridge deck within the sidewalk as
indicated in drawings. Coordinate location with the engineer to avoid cutting of main
reinforcing bars in the bridge deck.
BID NO: 34-01/02
DATE: 06/26/02
CITY OF MIAMI BEACH
109
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BID NO. 40-01/02
REPLACEMENT OF 20" WATER MAIN HANGERS
AT MACARTHUR CAUSEWAY EAST BRIDGE
SCOPE OF WORK
4. Drill approximately 215 holes through the bridge deck, for the installation of 1"
diameter type 304 stainless steel threaded rod, and provide plastic caps and
grouting as indicated in drawings.
5. Supply and install approximately 215 type 304 stainless steel hangers consisting of
the following: (Quantities/components per hanger listed below may be modified
subject to final approved shop drawing.)
a. 3" diameter stainless steel type 304 top plate/washer with 1-1/8" diameter
hole.(1 per hanger)
b. 1" diameter stainless steel Grade 304, threaded rod (fine thread-UNF)
approximately 14" long, (1 per hanger)
c. 6" x 2" X 1/4" x 30" long stainless steel type 304 tube with three (3) holes, (see
drawings for hole locations and dimensions).
d. 3/4" diameter, Grade 304 stainless steel "U" bolt hanger with 6" thread at each
leg (see drawing detail)
e. 3/4" diameter stainless steel hex nuts and washers. ( 2 per hanger).
f. 1" stainless steel hex nuts and washers (3 per hanger)
6. Provide shop drawings and submittals for approval as applicable.
7. Remove old hangers, approximate quantity 265.
BID NO: 34-01102
DATE: 06/26/02
CITY OF MIAMI BEACH
110
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BID NO. 40-01/02
REPLACEMENT OF 20" WATER MAIN HANGERS
AT MACARTHUR CAUSEWAY EAST BRIDGE
SPECIAL CONDITIONS
1 . PROTECTION TO PUBLIC:
A. The Contractor shall erect and maintain barricades and warning signs to
protect the public during the course of the work.
B. All equipment and materials to be used in this work shall be placed so that
they my in no way jeopardize the safety of the public or of those engaged
in the construction. The placement of all materials and equipment shall be
approved by the Engineer.
C. The Contractor shall place sufficient lights on or near the work where
materials and construction adjoins pedestrian areas as indicated by the
Engineer and shall keep them burning from twilight to sunrise and he shall
erect and maintain any other precautions that may be necessary for the
prevention of accidents upon materials, supplies and equipment and take
all other precautions that may be necessary for the protection of this work,
public convenience and safety.
2. TEMPORARY ELECTRICITY: Any electrical current used in connection with
temporary lighting or power will be paid for by the Contractor. The Contractor will
be required to furnish all materials and connections necessary for the extension
and operation of electrical current. Such installations and connections thereto
shall be in accordance with the requirements of the Florida Power and light
Company, the Code Enforcement Division of the Fire Department, the Building
Department of the City of Miami Beach, and all other or any agencies or
authorities that may have jurisdiction.
3. WATER: The Contractor shall pay for water used in connection with this contract.
The Contractor will be required to furnish all materials and connections for the
extension of such water service, as he may find necessary.
4. SIGNS: No signs or advertisements will be allowed to be displayed without prior
approval of the Engineer.
5. ACCESS AND USE OF PREMISES:
A. Access to and egress from the site of the construction will be gained only
through designated areas and only during periods of time specified by the
Engineer.
BID NO: 34-01/02
DATE: 06/26/02
CITY OF MIAMI BEACH
111
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BID NO. 40-01/02
REPLACEMENT OF 20" WATER MAIN HANGERS
AT MACARTHUR CAUSEWAY EAST BRIDGE
SPECIAL CONDITIONS
B. It is important in the execution of this contract to keep interference with the
normal functions carried on within this area to a minimum and to this end
the Contractor shall direct and schedule all of his operations to coordinate
with the Traffic Control plans of the Florida Department of Transportation
and their contractor(s). Access and service to all areas within the site must
be maintained at all times.
6, ENGINEERS RESPONSIBILITIES:
A. Where the word "Engineer" occurs in these specifications, it shall be
understood to include the Director of Public Works of the City of Miami
Beach and any of his authorized representatives delegated by him to act
in his behalf; however, the Director of Public Works is the final authority in
connection with the work.
B. The Engineer shall have general administration of the contract acting in any
and all of the various capacities assigned to him in the contract The
Engineer and his representative shall have access to the work at all time.
The Engineer shall have the right to reject or condemn all materials
furnished, installed, and work performed, which in his judgment do not
meet the requirements of the contract.
C. The administration, inspection, assistance and actions by the Engineer, as
hereinbefore provided, shall not be construed as undertaking supervisory
control of the construction work, or of means and methods employed by
the Contractor, and shall not relieve the Contractor from any of this
responsibilities or obligations under the contract; nor shall the Contractor
request or require the Engineer to undertake such supervisory control or
to administrate, supervise, inspect, assist or act in any manner so as to
relieve the Contractor from such responsibilities or obligations.
0, The fact that the Engineer or his representative has not made early
discovery of faulty work, or of work omitted, or of work performed, which is
not in accordance with the contract requirements, shall not bar the
Engineer from subsequently rejecting or condemning such faulty work and
from insisting that the Contractor make all work right.
BID NO: 34-01/02
DATE: 06126102
CITY OF MIAMI BEACH
112
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BID NO. 40-01/02
REPLACEMENT OF 20" WATER MAIN HANGERS
AT MACARTHUR CAUSEWAY EAST BRIDGE
SPECIAL CONDITIONS
E. Neither the Contractor nor any of his subcontractors nor any person, either
directly or indirectly engaged or employed by any of them, shall have any
claim against the City or the Engineer on account of any damage, loss or
expense which they may incur because of their being required to complete
work omitted, to correct faulty work, or to make right work, performed at
variance with the contract requirements. The contractor shall secure,
protect, defend, hold harmless and indemnify the City and the Engineer
from any liability resulting therefrom.
F. Where the contract, including amendments thereto, provides for decisions,
determination, orders, certifications, directions, or other actions by the
Engineer the contract shall be final and binding upon the Contractor.
BID NO: 34-01102
DATE: 06/26/02
CITY OF MIAMI BEACH
113
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BID NO. 40-01/02
REPLACEMENT OF 20" WATER MAIN HANGERS
AT MACARTHUR CAUSEWAY EAST BRIDGE
SCOPE OF WORK
ALTERNATE #1
This additional Work shall include all materials, labor, scaffolding, equipment,
maintenance of traffic and all the required permits, necessary for painting approximately
2200 linear feet of the 20 inch cast iron water main hanging on the east MacArthur
bridge, in accordance with the following Scope of Work/Specifications.
Should the City award only one (1) contract, the Alternate #1 (Painting) work shall be
substantially completed by December 20, 2002.
However, should the City award a separate contract for the Alternate #1 (Painting) work,
the contractor shall be substantially completed with the work within one-hundred twenty
(120) calendar days from the date of the Notice to Proceed.
Any work on Alternate #1, after December 21, 2002 will be restricted and requires
coordination and special permits from the City and FOOT.
Liquidated Damages will be assessed for the Alternate #1 work at the rate of one-
hundred dollars ($100) per day after the specified completion date, or the one-hundred
twenty (120) calendar days from the date of the Notice to Proceed.
SURFACE PREPARATION AND PAINTING OF 20 INCH C.I. PIPE
(ALTERNATE #1)
3.1 GENERAL: Pipe painting may be performed during the hanger installation contract
period or at a later date, but not during FOOT's performance of the MacArthur
Causeway Bridge Contract-FPNo. 410678-1-52-01, unless the work can be coordinated
with FOOT and their contractor.
3.2 SCOPE: This specification defines the methods of surface preparation, painting
systems, and methods of application for the protective coatings of an existing 20 inch
diameter cast iron pipe, hanging on the south side of the East MacArthur Bridge in
Miami Beach.
BID NO: 34-01/02
DATE: 06/26/02
CITY OF MIAMI BEACH
114
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BID NO. 40-01/02
REPLACEMENT OF 20" WATER MAIN HANGERS
AT MACARTHUR CAUSEWAY EAST BRIDGE
SCOPE OF WORK
3.3 SURFACE PREPARATION: Remove all dirt, oil, grease, mold, mildew, chlorides,
and other surface contaminants. Remove all rust and loosely adhering coatings by
abrasive blast cleaning per SSPC - SP 7 (BRUSH-OFF BLAST CLEANING), or by
power tool cleaning per SSPC-SP3. All sound tightly adhering coatings should be
scarified by the abrasive blast cleaning. All surfaces shall be clean, dry, free of chlorides
and contain only sound tightly adhering scarified coatings prior to repainting. A NACE
Certified Coating Inspector shall confirm steel cleanliness and surface profile
(Inspector's name and certification number shall be listed on the field report).
The Contractor shall furnish all supervision, labor, tools, materials, equipment,
scaffolding and/or other structure, and supervision required for the transportation,
unloading, storage and application of the paint and associated products covered by this
specification.
All work shall be done in strict accordance with this specification, the design drawings
and the painting package, including manufacturer's printed instructions.
The Contractor will obtain, at its own expense, all permits, licenses and inspections and
shall comply with all laws, codes, ordinances, rules and regulations promulgated by
authorities having Jurisdiction which may bear on the work. This compliance will include
Federal Public Law 91-596 more commonly known as the "Occupational Safety and
Health Act of 1970."
Sampling and analyses for environmental and worker safety compliance shall be
conducted by an EPA or DOH approved, independent laboratory, paid for by the
Contractor. The Contractor shall provide a copy of all sampling and test reports to the
Engineer no later than 48 hours after collection of samples.
NOTE:
As provided in the Attached Pipe Paint Sampling Report #206000155,
dated June 7, 2002, following are the range of results detected:
CONCENTRATION (mg/kg)
Chromium
0- 51,7 mg/kg
Lead
rn: 1790 mg/kg
BID NO: 34-01102
DATE: 06/26/02
CITY OF MIAMI BEACH
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BID NO. 40-01/02
REPLACEMENT OF 20" WATER MAIN HANGERS
AT MACARTHUR CAUSEWAY EAST BRIDGE
SCOPE OF WORK
3.4 CONTRACTOR PRE-QUALIFICATION: Provide evidence that the Contractor or
subcontractor performing operations which will disturb lead paint is currently certified by
SPPC: The Society for Protective Coatings as a QP-2 Category "A" ("Standard
Procedure for Evaluating the Qualifications of Painting Contractors to Remove
Hazardous Paint"). In addition to the QP-2 requirement, the contractor shall comply
with the OSHA requirement for conducting an initial employee exposure assessment
pursuant to 29 CFR 1926.62 and 29 CFR 1926.1127 ("Cadmium Exposure in
Construction").
3.5 POLLUTION CONTROL: All equipment to be used (containment, dust collector
tools, etc.) shall be clean and free of all debris generated on preceding projects.
The Contractor shall submit a written pollution control and monitoring plan at the pre-
construction meeting which clearly describes the means for complying with all local,
state and federal regulations including pollution controls provisions specified herein.
The written plan shall be in general accordance with Project Design: Industrial Lead
Paint Removal Handbook, Volume II, Phase 6, Environmental Monitoring and Phase 7,
Worker Protection and specifically include, but not be limited to:
(a) Proposed site layout showing the locations of the regulated areas for each
containment movement, location of Total Suspended Particulate (TSP)
monitor(s), proposed number (and location) of soil and sediment sampling
(the sampling sites shall be shown on the scale map of the site), and location
of waste storage area;
(b) Ambient air and personnel sampling frequency;
(c) Name, address and qualifications of the transporter and treatment, storage
and disposal (TSD) facility including disposal methods. In addition to the
pollution control plan, the scaled map of the site should include the proposed
staging areas and temporary waste storage areas.
3.5.1 CONTAINMENT SYSTEM: During painting operations, a containment system
shall be erected to prevent emissions from preparation and application activities. The
containment system shall be in accordance with SSPC Guide 6, Guide for Containing
Debris Generated During Paint Removal Activities. Containment structure shall be at
least a Class 2 as outlined in SSPC Guide 6.
The Contractor shall submit a written containment system design plan at the pre-
construction meeting, which clearly describes the proposed containment system
applicable to the intended removal method and in accordance with the requirements
BID NO: 34-01102
DATE: 06/26/02
CITY OF MIAMI BEACH
116
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BID NO. 40-01/02
REPLACEMENT OF 20" WATER MAIN HANGERS
AT MACARTHUR CAUSEWAY EAST BRIDGE
SCOPE OF WORK
outlined herein and SSPC Guide 6 Guide for Containing Debris Generated During Paint
Removal Activities. The written plan shall include, but not be limited to:
(a) Detail calculations for ventilation equipment sizing and erection;
(b) Containment system wind load estimates;
(c) Removal method and methods for collecting debris; and
(d) Containment enclosure components.
3.5.2. PAINTING CONTAINMENT: During the application of paint materials,
containment screens shall be erected to prevent any wet paint from damaging property.
If any accidental spills or over spray occurs, the Contractor shall contact the Engineer
for immediate evaluation. The Contractor is responsible for any cleanup due to
accidental spill, over spray, or other conditions deemed relevant by the Engineer, and
all work and liability associated with the cleanup effort. The Contractor shall remove
any paint that comes in contact with concrete or other surfaces not intended to be
painted.
3.5.3. WORK AREA LIGHTING: The work areas inside the containment shall be
sufficiently illuminated in accordance with SSPC-Guide 12, Guide for Illumination of
Industrial Paint Projects.
3.5.4. REGULATED AREA: Establish a regulated area around the work site in order to
prohibit unauthorized people from areas where exposure to hazardous airborne metals
may exceed the following action levels:
* Lead (30ug/m(3))
* Cadmium (2.5 ug/m(3))
* Arsenic (5ug/m(3))
Initial assessment shall be performed and results shall be available within 48 hours of
the sampling. Sampling shall be performed throughout surface preparation and waste
clean up. Report sample results as eight-hour time weighted averages (TWA).
Document all pertinent data in a field logbook. Position air-sampling pumps around the
project perimeter at a minimum of upwind and downwind locations. Place sampler
inlets at breathing height. Clearly mark the regulated area by the use of warning signs,
rope, barrier tape, or temporary construction fencing.
3.5.5 AMBIENT AIR QUALITY COMPLIANCE: Comply with 40 CFR 50, "National
Primary and Secondary Ambient Air Quality Standards" (NMQS) and the Clean Air
Acts of 1977 and 1990. Access visible emissions by EPA Method 22, "Timing of
Emissions" as defined by 40 CFR 60, Appendix A, "Standards of Performance for New
BID NO: 34-01/02
DATE: 06/26/02
CITY OF MIAMI BEACH
117
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BID NO. 40-01/02
REPLACEMENT OF 20" WATER MAIN HANGERS
AT MACARTHUR CAUSEWAY EAST BRIDGE
SCOPE OF WORK
Stationary Sources". During abrasive blasting, do not allow visible emissions from
containment to exceed random cumulative duration of no more than one percent of the
workday (SSPC Guide 6, Level 1 Emissions). During pressurized water cleaning, do
not allow visible emissions from containment to exceed random cumulative duration of
no more than ten percent of the workday (SSPC Guide 6, Level 3 Emissions). Note:
Workday determination constitutes only the time during which cleaning and surface
preparation and subsequent clean up is performed. Enter all pertinent information into a
field logbook. For the purposes of computing action levels, the "workday" shall not
exceed 8-hours.
3.5.6. COLLECTION AND HANDLING OF WASTE: The Contractor is responsible for
proper classification, packaging, and storage of all paint removal debris, both solid and
liquid in accordance with SSPC Guide 7, "Guide for the Disposal of Lead-Contaminated
Surface Preparation Debris." In addition the Contractor shall comply with the Federal
Water Pollution Control Act (with amendments) and with all applicable portions of the
Resource Recovery and Conservation Act to include, at a minimum, 40 CFR, parts 260-
268. Method of disposal must be submitted to the FOOT District Six Contamination
Impact Coordinator for approval of a minimum of three weeks prior to shipment from the
work site.
3.5.7. WASTE IDENTIFICATION: Collect representative samples of each waste stream
(solid and liquid). Submit sample to an EPA or DOH approved laboratory to be tested
for lead, chromium, barium, arsenic, and cadmium by Ep'A Method 3050 or 6010
(content) and TCLP by EPA Method 1311. Clearly label each sample with sample,
number, date and time of samplings, name of collector, and location of collection.
Maintain chain of custody forms for each sample. Enter each sample on a sample
analysis request form. Enter sample numbers, type of waste, amount of each sample,
distribution of samples, signature and all other pertinent information into field logbook.
Additional samples may be required by the waste disposal facility, at the discretion of
the Department, or if changes in cleaning and paint removal operations occur.
3.5.8. WASTE STORAGE: Conduct all waste storage activities in accordance with 40
CFR 261, at a minimum. Collect waste from the control devices, equipment, and all
work surfaces on a daily basis. Locate all handling of hazardous waste within the
regulated area. Place waste in approved storage containers. Do not mix waste from
different sources. Properly seal and label all containers. Transport waste storage
containers to a secured, marked, temporary storage area. Locate the temporary
storage area on well-drained ground unsusceptible to flooding or storm water runoff.
Place waste in approval storage containers. Maximum weight for each container (when
BID NO: 34-01/02
DATE: 06/26/02
CITY OF MIAMI BEACH
118
"
"
BID NO. 40-01/02
REPLACEMENT OF 20" WATER MAIN HANGERS
AT MACARTHUR CAUSEWAY EAST BRIDGE
SCOPE OF WORK
filled) must be less than 821 Ibs. Place storage containers on fiber-reinforced,
impermeable tarpaulins on pallets. Store drums no more than two drums wide and two
drums high. Drums shall be arranged so the labels are easily readable. Do not store
waste in the temporary storage area longer than the completion of the project or 90
days, whichever time-period is shorter.
3.5.9. WASTE DISPOSAL: The Contractor is responsible for the legal disposal of all
non-hazardous waste and recyclable structural steel. The Department is responsible for
the legal transportation and disposal of hazardous waste. Coordinate disposal of
hazardous waste with the FOT District Six Contamination Impact Coordinator.
3.6.1. INSPECTION OF SURFACES: Before application of the prime coat and each
succeeding coat, all surfaces to be painted shall be subject to inspection by the
Engineer. Any defects or deficiencies shall be corrected by the Contractor before
application of any subsequent coating.
Samples of surface preparation and of painting systems shall be furnished by the
Contractor to be used as a standard throughout the job, unless omitted by the Engineer.
When any appreciable time has elapsed between coatings, previously coated areas
shall be carefully inspected by the Engineer, and where, in his opinion, surfaces are
damaged or contaminated, they shall be cleaned and recoated at the Contractor's
expense. Recoating times of manufacturer's printed instructions shall be adhered to.
Coating thickness shall be determined by the use of a properly calibrated "Nordson-
Mikrotest" (or equal} dry mil thickness gauge.
3.7. EQUIPMENT: Effective oil and water separators shall be used in all compressed
air lines serving spray painting and sandblasting operations to remove oil or moisture
from the air before it is used. Separators shall be placed as far as practicable from the
compressor.
All equipment for application of the paint and the completion of the work shall be
furnished by the Contractor in first-class condition and shall comply with
recommendations of the paint manufacturer.
Contractor will provide free of charge to Engineer a "Nordson-Mikrotest" dry film gauge
to be used to inspect coating by Engineer and Contractor. Gauge may be used by
Contractor and returned each day to Engineer. Engineer will return gauge to Contractor
at completion of job.
BID NO: 34-01102
DATE: 06/26/02
CITY OF MIAMI BEACH
119
"
BID NO. 40-01/02
REPLACEMENT OF 20" WATER MAIN HANGERS
AT MACARTHUR CAUSEWAY EAST BRIDGE
SCOPE OF WORK
3.9. WORKMANSHIP AND MATERIALS:
3.9.1 :SURFACE PREPARATION: The surface shall be cleaned as specified for the
paint system being used. All cleaning shall be as outlined in the Steel Structures
Painting Council's Surface Preparation Specification, unless otherwise noted. If surfaces
are subject to contamination, other than mill scale or normal atmospheric rusting, the
surfaces shall be pressure washed, and acid or caustic pH residues neutralized, in
addition to the specified surface preparation.
All abrasives utilized for this project shall be clean, washed and free of all chlorides
{salts} prior to use.
Oil, grease, soil, dust, etc., deposited on the surface preparation that has been
completed shall be removed prior to painting according to SSPC-SP-1 Solvent
Cleaning.
Weld flux, weld spatter and excessive rust scale shall be removed by power tool
cleaning as per SSPC-SP-3-63.
All areas requiring field welding shall be masked off prior to shop coating, unless waived
by the Engineer.
All areas which require field touch-up after erection, such as welds, burnbacks, and
mechanically damaged areas, shall be cleaned by thorough power tool or hand wire
brushing as specified in SSPC-SP-2 or 3-63.
All welds shall be ground smooth to remove burrs, sharp edges and irregularities and
provide a smooth transition for the application of the coatings.
Areas of voids within the weld shall be repaired prior to any application of the coatings.
"Touch-up" systems will be same as original specification except that approved
manufacturer's organic zinc-rich shall be used in lieu of inorganic zinc where this system
was originally used. Also strict adherence to manufacturer's complete touch-up
recommendations shall be followed. Any questions relative to compatibility of products
shall be brought to the Engineer's attention; otherwise, Contractor assumes full
responsibility .
BID NO: 34-01102
DATE: 06/26/02
CITY OF MIAMI BEACH
120
..f
'.
BID NO. 40-01/02
REPLACEMENT OF 20" WATER MAIN HANGERS
AT MACARTHUR CAUSEWAY EAST BRIDGE
SCOPE OF WORK
3.9.2. PRETREATMENTS: When specified, the surface shall be pretreated in
accordance with the specified pretreatment prior to application of the prime coat of
paint.
3.9.3. STORAGE: Materials shall be delivered to the job site in the original packages
with seals unbroken and with legible unmutilated labels attached. Packages shall not be
opened until they are inspected by the Engineer and required for use. All painting
materials shall be stored in a clean, dry, well-ventilated place, protected from sparks,
flame, direct rays of the sun or from excessive heat. Paint susceptible to damage from
low temperatures shall be kept in a heated storage space when necessary. The
Contractor shall be solely responsible for the protection of the materials stored by
himself at the job site. Empty coating cans shall be required to be neatly stacked in an
area designated by the Engineer and removed from the job site on a schedule
determined by the Engineer.
Engineer may request a notarized statement from Contractor detailing all materials used
on the project.
3.9.4. PREPARATION OF MATERIALS: Mechanical mixers, capable of thoroughly
mixing the pigment and vehicle together, shall mix the paint prior to use where required
by manufacturer's instructions; thorough hand mixing will be allowed for small amounts
up to five gallons. Pressure pots shall be equipped with mechanical mixers to keep the
pigment in suspension, when required by manufacturer's instructions.
Otherwise, intermittent hand mixing shall be done to assure that no separation occurs.
All mixing shall be done in accordance with SSPC Vol. 1 , Chapter 4, "Practical Aspects,
Use and Application of Paints" and/or with manufacturer's recommendations.
Catalysts or thinners shall be as recommended by the manufacturer and shall be added
or discarded strictly in accordance with the manufacturer's instruction.
3.9.5. APPLICATION: Paint shall be applied only on thoroughly dry surfaces and during
periods of favorable weather, unless otherwise allowed by the paint manufacturer.
Except as provided below, painting shall not be permitted when the atmospheric
temperature is below 500 F, or when freshly painted surfaces may be damaged by rain,
fog, dust, or condensation, and/or when it can be anticipated that these conditions will
prevail during the drying period.
BID NO: 34-01/02
DATE: 06/26/02
CITY OF MIAMI BEACH
121
It" ,.
BID NO. 40-01/02
REPLACEMENT OF 20" WATER MAIN HANGERS
AT MACARTHUR CAUSEWAY EAST BRIDGE
SCOPE OF WORK
No coatings shall be applied unless surface temperature is a minimum of 50 above dew
point; temperature must be maintained during curing.
3.9.6. DEW POINT CALCULATION CHART:
Relative Ambient Air Temperature - 0 Fahrenheit
Humidity 20 30 40 50 60 70 80 90 100 110 120
90% 18 28 37 47 57 67 77 87 97 107 117
85% 17 26 36 45 55 65 76 84 95 104 113
80% 16 25 34 44 54 63 73 82 93 102 110
75% 15 24 33 42 52 62 71 80 91 100 108
70% 13 22 31 40 50 60 68 78 88 96 105
65% 12 20 29 38 47 57 66 76 85 93 103
60% 11 29 27 36 45 55 64 73 83 92 101
55% 9 17 25 34 43 53 61 70 80 89 98
50% 6 15 23 31 40 50 59 67 77 86 94
45% 4 13 21 29 37 47 56 64 73 82 91
40% 1 11 18 26 35 43 52 61 69 78 87
35% -2 8 16 23 31 40 48 57 65 74 83
30% -6 4 13 20 28 36 44 52 61 69 77
SURFACE TEMPERATURE AT WHICH CONDENSATION OCCURS
Dew Point: Temperature at which moisture will condense on surface. No coatings
should be applied unless surface temperature is a minimum of 50 above this point.
Temperature must be maintained during curing.
Example:
If air temperature is 700 F and relative humidity is 65%, the dew point is 5r F. No
coating should be applied unless surface temperature is 620 F minimum.
No coatings shall be applied unless the relative humidity is below 85% and maintained
during the curing of material.
Suitable enclosures to permit painting during inclement weather may be used if
provisions are made to control atmospheric conditions artificially inside the enclosure,
within limits suitable for painting throughout the painting operations.
BID NO: 34-01/02
DATE: 06/26/02
CITY OF MIAMI BEACH
122
,. ..
BID NO. 40-01/02
REPLACEMENT OF 20" WATER MAIN HANGERS
AT MACARTHUR CAUSEWAY EAST BRIDGE
SCOPE OF WORK
Field Painting in the immediate vicinity of, or on, energized electrical and rotating
equipment, and equipment and/or pipes in service shall not be performed without the
approval of the Engineer.
Extreme care shall be exercised in the painting of all operable equipment, such as
valves, electric motors, etc., so that the proper functioning of the equipment will not be
affected.
The Contractor's scaffolding shall be erected, maintained and dismantled without
damage to structures, machinery, equipment or pipe. Drop cloths shall be used where
required to protect buildings and equipment. All surfaces required to be clear for visual
observations shall be cleaned immediately after paint application.
The prime coat shall be applied immediately following surface preparation and in no
case later than the same working day. All paint shall be applied by brushing, paint mitt
and roller, conventional spraying, or airless spraying, using equipment approved by the
paint manufacturer.
Each coat of paint shall be recoated as per manufacturer's instructions. Paint shall be
considered recoatable when an additional coat can be applied without any detrimental
film irregularities such as lifting or loss of adhesion.
Surfaces that will be inaccessible after assembly shall receive either the full specified
paint system or three shop coats of the specified primer before assembly.
Finish colors shall be in accordance with the COLOR SCHEDULE and shall be factory
mixed (Le., there shall be no tinting by the Contractor, unless authorized by the
Engineer).
3.9.6. WORKMANSHIP: The Contractor must show proof that all employees associated
with this project shall have been employed by the Contractor for a period not less than
six (6) months.
Painting shall be performed by experienced painters in accordance with the
recommendations of the paint manufacturer. All paint shall be uniformly applied without
sags, runs, spots, or other blemishes. Work which shows carelessness, lack of skill, or
is defective in the opinion of the Engineer, shall be corrected at the expense of the
Contractor.
BID NO: 34-01102
DATE: 06/26/02
CITY OF MIAMI BEACH
123
.. ~
BID NO. 40-01/02
REPLACEMENT OF 20" WATER MAIN HANGERS
AT MACARTHUR CAUSEWAY EAST BRIDGE
SCOPE OF WORK
3.9.7. APPLICATION OF PAINT:
3.9.7.1 By Brush and/or Rollers: Top quality, properly styled brushes and rollers shall
be used. The brushing or rolling shall be done so that a smooth coat as nearly uniform
in thickness as possible is obtained. Brush or roller strokes shall be made to smooth the
film without leaving deep or detrimental marks. Surfaces not accessible to brushes or
rollers may be painted by spray, by dauber or sheepskins, and paint mitt.
3.9.7.2 Air, Airless or Hot Spray: The equipment used shall be suitable for the intended
purpose, shall be capable of properly atomizing the paint to be applied and shall be
equipped with suitable pressure regulators and gauges. Paint shall be applied in a
uniform layer, with a 50% overlap pattern. All runs and sags should be brushed out
immediately or the paint shall be removed and the surface resprayed. Areas
inaccessible to spray shall be brushed; if also inaccessible to brush, daubs or
sheepskins shall be used, as authorized by the manufacturer.
Special care shall be taken with thinners and paint temperatures so that paint of the
correct formula reaches the receiving surface.
Nozzles, tips, etc., shall be of sizes and designs as recommended by the manufacturer
of the paint being sprayed.
3.9.8. PROTECTION AND CLEAN-UP: It shall be the responsibility of the Contractor to
protect at all times, in areas where painting is being done, floors, materials of other
crafts, equipment, vehicles, fixtures, and finished surfaces adjacent to paint work. Cover
all bridge components, hardware, railings, street lights etc., as necessary, before start
of painting work.
It shall be the responsibility of the Contractor to collect and dispose of properly, all
hazardous materials from the site in accordance with all requirements of the Federal
and State Environment Protection Agencies.
At completion of the work, remove all paint where spilled, splashed, splattered, sprayed
or smeared on all surfaces, including glass, light fixtures, hardware, equipment, painted
and unpainted surfaces.
After completion of all painting, the Contractor shall remove from job site all painting
equipment, surplus materials, and debris resulting from this work.
BID NO: 34-01/02
DATE: 06/26/02
CITY OF MIAMI BEACH
124
I" !'1
BID NO. 40-01/02
REPLACEMENT OF 20" WATER MAIN HANGERS
AT MACARTHUR CAUSEWAY EAST BRIDGE
SCOPE OF WORK
3.9.9. TOUCH-UP MATERIALS: The Contractor shall provide at the end of the project
at least two (2) gallons of each generic product in each color as specified by the
Engineer for future touch-up.
3.9.10. ON-SITE INSPECTION: During the course of this project the Engineer will
reserve the option of incorporating the services of a qualified inspection service. The
inspection service will be responsible for assuring the proper execution of this
specification by the successful contractor.
3.10. GENERAL PAINTING SPECIFICATION
3.10.1. SURFACE PREPARATION: All items shall be field blasted and field primed
according to the following schedule:
All surfaces shall be high pressure water blasted (minimum 3500 PSI at 3 to 5 gallons
per minute} with potable water to remove all salts, dirt, dust, foreign matter and
contaminates to provide a clean salt and contaminate-free surface.
All surfaces must be clean and dry prior to abrasive blast cleaning. Remove all rust and
loosely adhering coatings by abrasive blast cleaning per SSPC - SP 7 (BRUSH-OFF
BLAST CLEANING), or by power tool cleaning per SSPC-SP3. All sound tightly
adhering coatings should be scarified by the abrasive blast cleaning. All surfaces shall
be clean, dry, free of chlorides and contain only sound tightly adhering scarified
coatings prior to repainting. A NACE Certified Coating Inspector shall confirm steel
cleanliness and surface profile (Inspector's name and certification number shall be listed
on the field report).
An abrasive should be selected that will yield a 2.0 mil profile anchor pattern on the
steel substrate.
In all cases, areas abrasive blast cleaned shall be primed as soon as possible the same
day.
All surfaces must be clean and dry prior to the application of any coatings.
BID NO: 34-01/02
DATE: 06/26/02
CITY OF MIAMI BEACH
125
. ,
f~
BID NO. 40-01/02
REPLACEMENT OF 20" WATER MAIN HANGERS
AT MACARTHUR CAUSEWAY EAST BRIDGE
SCOPE OF WORK
3.10.2 MATERIALS:
All materials specified herein are manufactured by the TNEMEC Company, Inc., North
Kansas City, Missouri. These products are specified to establish standards of quality
and are approved for use on this project. Equivalent materials of other manufacturers
may be substituted on approval of the Engineer. Requests for substitution shall include
Manufacturer's literature for each product giving the name, generic type, descriptive
information and evidence of satisfactory past performance.
Abrasion - Fed. Test Method Std. No. 141, Method 6192, CS-17 Wheel, 1,000 grams
load Adhesion - Elcometer Adhesion Tester. Exterior Exposure - Exposed at 45 degrees
facing the ocean (South Florida Marine Exposure) Hardness - ASTM 03363-74
Humidity - ASTM 02247-68 Salt Spray (Fog) - ASTM 8117-73
BID NO: 34-01/02
DATE: 06/26/02
CITY OF MIAMI BEACH
126
I. ....
BID NO. 40-01/02
REPLACEMENT OF 20" WATER MAIN HANGERS
AT MACARTHUR CAUSEWAY EAST BRIDGE
SPECIFICATIONS
Bidders desiring to use coatings other than those specified (or Equal) shall
submit a copy of the complete specifications of the "equal" product with their
bid, or no later than five (5) calendar days after the bid opening, Substitutions
which decrease the film thickness, the number of coats applied, change the generic
type of coating, or fail to meet the performance criteria of the specified materials will not
be approved. Prime and finish coats of all surfaces shall be furnished by the same
manufacturer.
Spot Primers: Spot prime all areas of bare metal with Tnemec Series 135 - 1243
(aluminum) Chembuild (surface tolerant epoxy) or equal, applied at 4.0 - 6.0 mils OFT.
Tie Coat: Apply a full coat of Tnemec Series 135 - Color Chembuild (surface tolerant
epoxy)or equal, applied at 3.0 - 5.0 mils OFT.
Top Coat: Apply a full coat of Tnemec Series 73 Endura - Shield (high build acrylic
polyurethane)or equal, at 2.0 - 3.0 mils OFT.
BID NO: 34-01102
DATE: 06/26/02
CITY OF MIAMI BEACH
127
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03000 BID PROPOSAL FORM
BID NO, 40-01/02
REPLACEMENT OF 20" WATER MAIN HANGERS
AT MACARTHUR CAUSEWAY EAST BRIDGE
(BID FORM)
Our proposal includes the total cost for supplying all labor, materials, tools, equipment and
supervision necessary to complete the Replacement of 20" Water Main Hangers at MacArthur
Causeway East Bridge in accordance with the Drawings/Plans and Scope of
Work/Specifications (Bid Documents).
BASE BID/ LUMP SUM
$_~~~ao~j2
Z ~_Ll!Z;ttf)P@__~z:{_;:Z~~-I~t?f{g~ ffi#f~
Written A~~~t
ALTERNATE #1 (ADD)
_mf2--Pff~t2f~
$---@.fJ_o./J.~~-~ Q
73~t/~&2.___JC) ((!U-L____
Written Amount
GRAND TOTAL: ..--v~
(BASE BID AND ADD ALTERNATE #1): $__C1Jd._'7-QtJt2~D
EL/e: ft~M!~~ f/c#'Z H ~ T/Ip~..uo Jo/MIZJ
Written Amo nt
NOTE:
The City of Miami Beach reserves the right to make two (2) separate
contract awards, if it is in the best interest of the City.
The City may award a contract (1) to the overall lowest (Grand Total) and
best bidder for the entire contract, or the City may award two (2) separate
contracts, one (1) to the lowest and best bidder for the Base Bid only and
one (1) to the lowest and best bidder for the Alternate #1, provided funds
are available.
Bidders must bid on both the Base Bid' Lump Sum and Alternate #1 to
be considered responsive.
BID NO: 40-01/02
DATE: 06/26102
crrv OF MIAMI BEACH
133
AMMENDm
07/12/02
.'
""
BID NO. 40-01/02
REPLACEMENT OF 20" WATER MAIN HANGERS
AT MACARTHUR CAUSEWAY EAST BRIDGE
(BID FORM)
BIDDERS SHAll SUBMIT THE FOLLOWING UNIT PRICES WITHIN FIVE (5)
CALENDAR DAYS AFTER THE BID OPENING DATE. THESE UNIT PRICES ARE
FOR INFORMATIONAL PURPOSES ONLY AND WILL NOT BE USED FOR THE
EVALUATION OF THE BID AWARD. THESE UNIT PRICES MAY BE USED FOR
ADDITIONAL FABRICATION AND INSTALLATION OF HANGER MATERIAL, THAT
MAY BE REQUIRED,
1. Fabricated hanger complete with washers and nuts as per the approved shop
drawing(s).
00
Unit Price: . $~ 15 · ~ ea, (to include delivery)
lfi.xJJZ. 1-\utJ0IUS7 !-t\J~\'f f;\JE.. Doll.Ai,$.)
NOTE: These units shall be celivered to the City of Miami Beach Public Works
Warehouse, at 451 Dade Blvd.-Miami Beach.
2. Drilling, coring, supplying and installing a complete hanger as described in the Scope
of Work.
00
Unit Price: $ ,,\ 00 ~ ~ ea,
( c9~E:.. -n-\cu ~.p "'\
o ~ E: M-u JJp~ .00 u..AofZ,...J. )
3. Paint. Cost of one (1) s/f, to include the removal and disposal of the existing, and
apply the new paint in accordance with the bid specifications, complete in place.
Unit Price: $ T"(, 5 O/~.. s/f
( $~ e:. ~~ A-tJ.P APT" C~7>) .
FIRM'SNAME(PrinIOrTY~~~---1 NiIr€eM J_I"',~C.
SIGNATURE: ~--:::::: -
TITLE/PRINTED NAME:f1IZ<>..\e:cr N\~.e.lZ... I v (J . tJ ~ Uo,.J ,
ADDRESS: 5" ?'5~ N W ry'l. Au€- . MI~' ~ ~ ~..~'" b
TELEPHONE NUMBER: ~o5- 8f>1- ~/L/2.l FAX: ~o15- 581... b1..'l..8
BID NO: 40-01/02
DATE: 06/26/02
CITY OF MIAMI BEACH
134
.,
~
04000. ACKNOWLEDGEMENT OF ADDENDA
Invitation for Bid No, 40-01/02
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 ___:J_~.:_~z.. ~____
Addendum No.2, Dated ___________________
Addendum No.3, Dated _____________
Addendum No.4, Dated __________________
Addendum No.5, Dated _________________
Part II:
No addendum was received in connection with this Bid.
Verified with Procurement staff
Name of Staff
GRACE & {\l~'r=F,I.l"tf"......t". INC
.- ''''-:V1 .ULJ.,-.J
S&:'J.., \' W .",
-:...."" .; -I.. . 72 A../Gnua
MlgBfi'l~dfloJ :d . .
lu ers-
Signature
BID NO: 40-01/02
DATE: 06/26/02
CITY OF MIAMI BEACH
135
Date
1 - \ q -- 01.-
Date
.'
....
05000.
CUSTOMER REFERENCE LISTING
BID NO, 40-01/02
REPLACEMENT OF 20" WATER MAIN HANGERS
AT MACARTHUR CAUSEWAY EAST BRIDGE
CUSTOMER REFERENCE LISTING
Contractor's shall furnish the names, addresses, and telephone numbers of a minimum
of eight (8) firms or government organizations for which the Contractor is currently
furnishing or has furnished Replacement of Water Main or Utility Hangers.
(See Minimum Requirements, Page 7) r'
':l>~ ~A-\.-1~,..,. ItA ~( .
1)
Company Name
Address
Contact Person/Contract Amount
Telephone Number __________________________
2) Company Name
Address
Contact Person/Contract Amount
Telephone Number ______________________
3) Company Name
Address
Contact Person/Contract Amount
Telephone Number
4) Company Name
Address
Contact Person/Contract Amount
Telephone Number
BID NO: 40-01102
DATE: 06/26/02
CITY OF MIAMI BEACH
136
,-
'"
5) Company Name
Address
Contact Person/Contract Amount
Telephone Number
6) Company Name
Address
Contact Person/Contract Amount ----------------
Telephone Number
7) Company Name
Address
Contact Person/Contract Amount ---------------
Telephone Number
8) Company Name
Address
Contact Person/Contract Amount ------------
Telephone Number
BID NO: 40-01/02
DATE: 06/26/02
CITY OF MIAMI BEACH
137
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EXHTRIT "C"
Following is the complete list oflegal issues for the last Five years.
1. Case Number: CACE 98-15166-05 Filed: 9/22/98
Case Name: Grace & Naeem Uddin, Inc Vs Broward County
Description: Contract with Broward County for Improvements to the Delevoe Park Property.
Retainage and equitable adjustment was applied for following the completion of
the project. Arbitrator awarded in favor of GNU.
2. Case Number: 00008386 CACE 13 Filed: 3/24/00
Case Name: Grace & Naeem Uddin, Inc. Vs City of Hollywood
Description: Contract with City of Hollywood for Improvements to the Various Parks.
Breach of contract by City of Hollywood. Settled in favor of GNU
3. Case Number: 01014014 Filed: 8/14/01
Case Name: Grace & Naeem Uddin, Inc. Vs Nancy Gomez
Description: Claim for personal injury. Discovery in progress.
4. Case Number: 00-33019 CA (20); Case Number 00-33017 (08) Filed: 12/21/00
Case Name: Grace & Naeem Uddin, Inc. Vs RH & Sons
Description: Claim and Counter claim regarding performance by subcontractor RH & Sons.
Settled in favor of GNU through Mediation.
5. Case Number: 96-06444 CACE (18) Filed: 9/26/97
Case Name: Grace & Naeem Uddin, Inc. Vs 21st Century Electric
Description: Claim of 21 st Century for increase in material cost. Voluntarily dismissed.
6. Case Number: 97-18306 SC Filed: 11/5/97
Case Name: Grace & Naeem Uddin, Inc. Vs Quality Engineered Products, Company, Inc.
Description: Claim for defective material cost. Voluntarily dismissed.
i:t /lo...
DIVISION 3, LOBBYISTS
See, 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 attorney, chief deputy City attorney and all assistant City
attorneys; however, all departmental personnel when acting in connection with
administrative hearings shall not be included for purposes of this division.
Lobbyist means all persons employed or retained, whether paid or not, by a principal
who seeks to encourage the passage, defeat or modification of any ordinance,
resolution, action or decision of any 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, ~ ~ 1,2,3-4-92; Ord. No. 92-2785, ~ ~ 1,2,6-17-92)
Cross reference(s)--Definitions generally, ~ 1-2.
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Sec. 2-482. Registration.
(a) All lobbyists shall, before engaging in any lobbying activities, register with the
City clerk. Every person required to register shall register on forms prepared by
the clerk, pay a registration fee as specified in appendix A and state under oath:
(1) His name;
(2) His business address;
(3) The name and business address of each person or entity which has
employed the registrant to lobby;
(4) The commissioner or personnel sought to be lobbied; and
(5) The specific issue on which he has been employed to lobby.
(b) Any change to any information originally filed, or any additional City
commissioner or personnel who are also sought to be lobbied shall require that
the lobbyist file an amendment to the registration forms, although no additional
fee shall be required for such amendment. The lobbyist has a continuing duty to
supply information and amend the forms filed throughout the period for which the
lobbying occurs.
(c) If the lobbyist represents a corporation, partnership or trust, the chief officer,
partner or beneficiary shall also be identified. Without limiting the foregoing, the
lobbyist shall also identify all persons holding, directly or indirectly, a five percent
or more ownership interest in such corporation, partnership, or trust.
(d) Separate registration shall be required for each principal represented on each
specific issue. Such issue shall be described with as much detail as is practical,
including but not limited to a specific description where applicable of a pending
request for a proposal, invitation to bid, or public hearing number. The City clerk
shall reject any registration statement not providing a description of the specific
issue on which such lobbyist has been employed to lobby.
(e) Each person who withdraws as a lobbyist for a particular client shall file an
appropriate notice of withdrawal.
(1) In addition to the registration fee required in subsection (a) of this section,
registration of all lobbyists shall be required prior to October 1 of every
even-numbered year; and the fee for biennial registration shall be as specified in
appendix A.
(g) In addition to the matters addressed above, every registrant shall be required to
state the extent of any business, financial, familial or professional relationship, or
other relationship giving rise to an appearance of an impropriety, with any current
City commissioner or personnel who is sought to be lobbied as identified on the
lobbyist registration form filed.
(h) The registration fees required by subsections (a) and (1) of this section shall be
deposited by the clerk into a separate account and shall be expended only to
cover the costs incurred in administering the provisions of this division. There
shall be no fee required for filing a notice of withdrawal, and the City manager
shall waive the registration fee upon a finding of financial hardship, based upon a
sworn statement of the applicant. Any person who only appears as a
representative of a nonprofit corporation or entity (such as a charitable
organization, a neighborhood or homeowner association, a local chamber of
commerce or a trade association or trade union), without special compensation
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or reimbursement for the appearance, whether direct, indirect or contingent, to
express support of or opposition to any item, shall not be required to register with
the clerk as required by this section. Copies of registration forms shall be
furnished to each commissioner or other personnel named on the forms.
(Ord. No. 92-2777, ~ 3,3-4-92; Ord. No. 92-2785, ~ 3,6-17-92)
See, 2-483. Exceptions to registration,
(a) Any public officer, employee or appointee or any person or entity in contractual
privity with the City who only appears in his official capacity shall not be required
to register as a lobbyist.
(b) Any person who only appears in his individual capacity at a public hearing before
the city commission, planning board, board of adjustment, or other board or
committee and has no other communication with the personnel defined in section
2-481, for the purpose of self-representation without compensation or
reimbursement, whether direct, indirect or contingent, to express support of or
opposition to any item, shall not be required to register as a lobbyist, including
but not limited to those who are members of homeowner or neighborhood
associations. All speakers shall, however, sign up on forms ava ilable at the
public hearing. Additionally, any person requested to appear before any city
personnel, board or commission, or any person compelled to answer for or
appealing a code violation, a nuisance abatement board hearing, a special
master hearing or an administrative hearing shall not be required to register, nor
shall any agent, attorney, officer or employee of such person.
(Ord. No. 92-2777, ~ ~ ~ 4,5,3-4-92; Ord. No. 92-2785, ~ ~ 4,5,6-17-92)
See, 2-484, Sign-In logs,
In addition to the registration requirements addressed above, all city departments,
including the offices of the mayor and city commission, the offices of the city manager,
and the offices of the city attorney, shall maintain signed sign-in logs for all non city
employees or personnel for registration when they meet with any personnel as defined
in section 2-481.
(Ord. No. 92-2785, ~ 6,6-17-92)
See, 2-485, List of expenditures,
(a) On October 1 .of each year, lobbyists shall submit to the city clerk a signed
statement under oath listing all lobbying expenditures in the city for the preceding
calendar year. A statement shall be filed even if there have been no expenditures
during the reporting period.
(b) The city clerk shall publish logs on a quarterly and annual basis reflecting the
lobbyist registrations filed. All logs required by this section shall be prepared in a
manner substantially similar to the logs prepared for the state legislature
pursuant to F .S. 11.0045.
(c) All members of the city commission and all city personnel shall be diligent to
ascertain whether persons required to register pursuant to this section have
complied with the requirements of this division. Commissioners or city personnel
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may not knowingly permit themselves to be lobbied by a person who is not
registered pursuant to this section to lobby the commissioner or the relevant
committee, board or city personnel.
(d) The city attorney shall investigate any persons engaged in lobbying activities who
are reported to be in violation of this division. The city attorney shall report the
results of the investigation to the city commission. Any alleged violator shall also
receive the results of any investigation and shall have the opportunity to rebut the
findings, if necessary, and submit any written material in defense to the city
commission. The city commission may reprimand, censure, suspend or prohibit
such person from lobbying before the commission or any committee, board or
personnel of the city.
(Ord. No. 92-2777, ~ 6,3-4-92; Ord. No. 92-2785, ~ 7,6-17-92)
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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 ("RFLI"), or bid between a potential
vendor, service provider, bidder, lobbyist, or consultant and the city's administrative staff
including, but not limited to, the city manager and his or her staff; (b) any
communication regarding a particular RFP, RFQ, RFLI, or bid between the mayor, city
commissioners, or their respective staffs, and any member of the city's administrative
staff including, but not limited to, the city manager and his or her staff; (c) any
communication regarding a particular RFP, RFQ, RFLI, or bid between a potential
vendor, service provider, bidder, lobbyist, or consultant and any member of a city
evaluation and/or selection committee; and (d) any communication regarding a.
particular RFP, RFQ, RFLI or bid between the mayor, city commissioners or their
respective staffs and any member of a city 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, RFLI, and bid after the
advertisement of said RFP, RFQ, RFLI, or bid. At the time of imposition of the cone of
silence, the city manager or his or her designee shall provide for public notice of the
cone of silence. The city manager shall include in any public solicitation for goods and
services a statement disclosing the requirements of this division.
b. The cone of silence shall terminate (i) at the time the city manager makes his or
her written recommendation as to selection of a particular RFP, RFQ, 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 a~arded 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
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committees; (c) contract discussions during any duly noticed public meeting; (d) public
presentations made to the city commissioners during any duly noticed public meeting;
(e) contract negotiations with city staff following the award of an RFP, RFQ, RFLI, or bid
by the city commission; or (f) communications in writing 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, RFU, 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, RFLI, or bid is awarded;
provided, however, that following the manager making his or her written
recommendation, the cone of silence shall be lifted as relates to communications
between the mayor and members of the commission and the city manager; providing
further if the city commission refers the manager's recommendation back to the city
manager or staff for further review, the cone of silence shall continue until such time as
the manager makes a subsequent written recommendation, and the particular RFP,
RFQ, RFLI, or bid is awarded or (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
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noticed pre-bid conferences or before duly noticed evaluation committee
meetings; (b) from engaging in contract discussions during any duly noticed
public meeting; (c) from engaging in contract negotiations with city staff following
the award of an RFP, RFQ, RFLI, or bid for audit by the city commission; or (d)
from communicating in writing with any city employee or official for purposes of
seeking clarification or additional information from the city or responding to the
city's request for clarification or additional information, subject to the provisions of
the applicable RFP, RFQ, 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)
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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 ETIDCS PRIOR TO ENTERING INTO A
CONTRACf WITH THE CITY OF MIAMI BEACH
WHEREAS, the Greater Miami Chamber of Commerce C'OMCC'') 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
County 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.
The 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 Commerce
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
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PASSED and ADOPTED this 12th day of April 2000
ATIEST: '4J/J
~YOR
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APPROVEDMTO
FCRM a LANGUAC:,':
&FOREXECUTIOI."
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CITY OF MIAMI BEACH
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l.' .,
C,REA.TER -.AMI CHAMSER,O,FCOIIIIIERCE
MODEl CODE Of BUSINESS'ETfIIOS
$TATeMetlt OF PURPO$I5
Th.ar..... "lIft'liCbarnbet of Com,.,.a('GMQC,..", lOC1dt.and su$lain_ethlc:11 buliMU
clm.te for Its mdo.fS and the ComtmJtlitrby,adoptrng a C<ldeofBusll'l4M' mhlca. Tn. GMCC
encourages its membets 10 inc:orporatethe princiJJlft and ~I ouQiHd ."tein their ltldMctual
coftS of ~ which wilfguldatttllr r....ionshlpswithcuttom_.cl~and supp4l4tn., This ModIl
Code can and Sl'lould b''''omInen~IY.pllytd JtlllllUliintS$ k)eatk!nsand.rnav belnQilqlOJlled into
marketing mat9r'afs. ThllGMC,Cbollneathal its mtmbers mould usetm COde as a model for the
development of u.lr olVlnizatiops' busIness cQCllel of 11111;1.
This M~rC;od.'$ .. .....~ oIrnJncJplt. 10 hetp ll'Pde ~M:ltilorit:end~_.t.f...don -~ ~ 1htr
ImlX'rlenC8 at IdIicelbutinns sllllAderdsm ~ QOmrminlt)t."The GI\jtl:::Cb~iI!v.SIll'6dop1iOn Of a ",e$N""~l!
olellic. is lie responsibilil)' cf eNery bu.hufU and pt'ClleS$jolloOl OfgMitlllion.
CtlmDllIna with Go\t8thmentlitU... &hau'alioM
W. will prOper1vmaintall'l .. tMord$anct post d tiCtrl..andc:4t.....
in prominllnt piKes ealily ...nbyour empIOl)'e~$~nd customers.;
In dealing with gowmment_setlCiH arldemptoVees. we will condllCt busl~s$ In
accordance wfttI an applie.b1endes and regUlations and .In 1M open;
W. wIft leport contraCt irregulltfti.. and oIl1.r Improp<< or W'lfawf\II b~iness
practlc:es tathe !tbbCommlaion, theOll!ic;. of insp<<;tor General .~
IPPfopnllte law enforcement authorities.
~"t. S-.ctlo~.&C.I'I'lDensatIOft otVllIIdarlllt'ldSU_i....
..
.. We wllllWOidcanfllcts of Int.r..t &l"id dfICh,.,. suc:lh canflk:h wn-n id'enCitIH;
Gifts whiClheompromis' ~ tntesrlrtofllm$jnl'l trIn.llCtk>n lrit ....~.
we will not kick"" any PGftion Of. I. ~CC paymentloemploy..of1heoth.r
contracting p;u1y or accept such a Jdckbaek. .
B~...AcCb\lntj.,a
AI oUr flnlncia'c,.n$alo""wiQ be~p.rly .lnd~I~Y recot(ledln appropriate
boola. of IICcount. and there willbt. no "on '\fle t!qoks" trall.Ultions or secret
accounts.
Ptomotlorl "'d'._.lUofPr,~~ct. .ndS~.1
Our prO'duc;;ts will ~y 1Nith aD appllcableufelV and~lilystandard';
W. wit pnwnote ..Ind adve",so our bu$iness and itsptOducta or .IUIfWcM Ina
manMrwhlel1ls not mlsludlng and cloesnotfalse'Y disp8tageouroompetltors;
Doina Business with lh. GovcrCJlMl'l1
..
..
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We wit co.nduc:l Nitltss_.goyetr1met.~ .l'ld..pto'.....al'mlftn8r
which a.~1 ..ven th.appea,.n" 0' impropriety. Eforts to curry pallticll
Favoritism. a... unacceptabltl;
. Our bid$ will. be competitIVe. ~pproptiat~ to .". bid. _umtnls.and a<<Wtd at
in<kpendent!V;
Any chIlIM,_ tc) c:onnct.._.r~lCIwlllha\le ....._~~ and not be
pioIrsued me'*Y HcaUM ~. .... the. unsucce,lfutbkld..-;
. We wiD. to. the.be$t .~tour.Yily,P.rfor",gcPI...nf ..~"r<llClat .~
price andunderthe termaprovlded ~r In thec:cmtrut. W.wmnot .~il"'''
irwoielll for iQod$provi.d~ or lwvices performed wtder .sQC:h .eomr*lCs, and
claims wlU be madeonlV for work actuallY perfcmned. W. . Will abide .by ..
col"ltradll1QandlUbcontrac:ting f.ldcms.
W6wil not, dlrecit/ or.lndlrdy, otter to glva.brtb.or. othefWiM chanMl
klckbaclcs from eontrcts ""'d, tog.owrnment oliciala,thtit fllTlily IMmbtrs
or bu$lness ..SOCiat..
W. wll not ....or .xpectpr8f....ntt.1 treatment on bids bnedon our
partic:ipllioninporllicall:llmpe.itlns.
~~n4!,Ufellinctl P~Ut~1 Cal'n...n.
. W. enc:oufqe III empfoYt'$ to particlpatelncClIlTImVllitY Ite, public: snc..d
the po!i&a1 process;
.
We encourage all empfoyeet to feGr\lit,suPPorl."tldllltcte\luC1llandqUllIifld
pUblir; offlcialll. .mlll'lga;e th..-n jn di.gue and d..tt _bout bu$lnea aM
Q)mmonRy i$$U~$:
OUr eol\tributtons to polillcaJ palties.,commihelorindMdl.lalswUI ~lyb. made
ill aecordanc;e with appbDlelaw ....d WIll co~With-'lraquir....tl fat public
disclC)$we. All COfltributiOns fMcle on bej1altoUhe bll$lne. must be reported to
senIOr c~1tlY m....gemtnt: .
Wit wil not col'ltribute.tothe ~I'tlPILpn$ofpel'$on$Who.,.. convicted felOl1s or
Ih<lse Who do not sign the Fal, Ca~n p:'aeUCeSOrdlnal'\C8-
We will not ~ngly dlss4Uninate f,lse campaign lnfot'lTIation Of wpportthO$G
who do.
Company Name
Corporate Officer
Oat.
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ORDINANCE NO 2000-3234
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE
VI, ENTITLED "PROCUREMENT", BY CREATING 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 City work.
Section 2-397.
Purpose of debarment.
(a) The City shall solicit offers from, award contracts to, and consent to
subcontractors with responsible contractors only: To effectuate this police, the
debarment of contractors from City work may be undertaken.
(b) The serious 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 concerns. organizations, lobbyists or other ndividuals 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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(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.
(1) 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, maintaired and distributed by
the City s 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
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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 eceiving 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 5/7ths 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
termination of the 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 5/7ths 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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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
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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 concerning 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. +Re-
determination of the City Manager aru;l the City I\tt~mley with regard t9 all
proceEh:lral and tectmicol matters shall ge 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.
m 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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and City Commission of any legal issues relative to any bid protest filed in
connection with the bid in question.
(I) The determination of the City Manaaer and the City Attornev with reaard to
all procedural 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 C1 0) 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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to,
ORDINANCE NO. 2002-3363
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI
BEACH CITY CODE CHAPTER 2, DIVISION 3, SECTION 2-485
THEREFORE ENTITLED "LIST OF EXPENDITURES; FEE
DISCLOSURE; REPORTING REQUIREMENTS", BY REQUIRING
DISCLOSURE OF LOBBYIST' FEES; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Miami Beach City Code Chapter 2 entitled "Administration", Division
3 entitled "Lobbyist", Section 2-485 thereof is hereby amended to read as follows:
Sec. 2-485. List of expenditures; fee disclosure; reporting requirements.
a. On October 1 of each year, lobbyist subject to lobbyist registration
requirements shall submit to the city clerk a signed statement under oath as provided
herein listing all lobbying expenditures in the city for the preceding calendar year. A
statement shall be filed even if there have been no expenditures during the reporting
period. The statement shall list in detail each expenditure by category, including food
and beverage, entertainment, research, communication, media advertising,
publications, travel, lodging and special events.
. If no com ensation has or will be aid
concernina the subiect lobbv services. a statement shall nonetheless be filed reflectina
as such.
BID NO: 40-01/02
DATE: 06/26/02
CITY OF MIAMI BEACH
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c. Any change to information originally filed shall re
rincipal under subsection (b) above) file,
The lobbyist principal) a continuing
information and amend said reports when so needed.
~ fQ) The city clerk shall notify any lobbyist (or principal) who fails to timely file
an the expenditure or fee disclosure reports referenced in sections (a) and (b) above.
In addition to any other penalties which may be imposed as provided is section 2-
485.1, a fine of $50.00 per day shall be assessed for reports filed after the due date.
~ lID The city clerk shall notify the Miami-Dade County Commission on Ethics
and Public Trust of the failure of a lobbyist (or principal) to file a either of the reports
referenced above and or pay the assessed fines after notification.
~ ill A lobbyist (or principal) may appeal a fine and may request a hearing
before the Miami-Dade Commission on Ethics and Public Trust. A request for a
hearing on the fine must be filed with the Miami-Dade Commission on Ethics and
Public Trust within 15 calendar days of receipt of the notification of the failure to file the
required disclosure form. The Miami-Dade Commission on Ethics and Public Trust
shall have the authority to waive the fine, in whole or in part, based on good cause
shown.
SECTION 2.
REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
BID NO: 40-01102
DATE: 06/26/02
CITY OF MIAMI BEACH
163
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SECTION 3.
SEVERABILITY
If section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no
way affect the validity of the remaining portions of this ordinance.
SECTION 4.
CODIFICATION
It is the intention of the Mayor and City Commission of the City of Miami Beach,
and it is hereby ordained that the provisions of this ordinance shall become and be
made a part of the Code of the City of Miami Beach, Florida. The sections of this
ordinance may be renumbered or relettered to accomplish such intention, and the word
"ordinance" may be changed to "section", "article", or other appropriate word.
SECTION 5.
EFFECTIVE DATE
This Ordinance shall take effect 18th day of Mav. 2002.
PASSED and ADOPTED on Second Reading this 8th day of Mav , 2002.
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A'I'TltIT:
(Requested by Commissioner Matti Bower and Co-sponsored by Commissioner Simon
Cruz, Jose Smith and Richard Steinberg)
reflects changes between first and second reading.
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BID NO: 40-01102
DATE: 06/26/02
CITY OF MIAMI BEACH
164
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