Bid No. 32-00/01
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. INVITATION TO BID
SUPPLY AND INSTALLATION OF FOUR (4)
COOLING TOWERS AT THE MIAMI BEACH
CONVENTION CENTER
BID No. 32-00/01
BID OPENING: June 26,2001 AT 3:00 PM
A PRE-BID CONFERENCE IS SCHEDULED FOR 11:00 A.M. ON JUNE 12,2001
AT THE FOLLOWING ADDRESS:
MIAMI BEACH CONVENTION CENTER
FOURTH FLOOR EXECUTIVE OFFICE
1901 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA
Gus Lopez, CPPO, Procurement Director
City of Miami Beach - Procurement Division
1700 Convention Center Drive
Miami Beach, FL 33139
CITY CLERK
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139
_.ci.miami-beach.f1.us
COMMISSION MEMORANDUM
From:
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez q~
City Manager rJ' {.I
REQUEST FOR APPROVAL TO AWARD A CONTRAC:r TO
WEATHERTROL MAINTENANCE CORP., IN THE AMOUNT OF $947,000
PURSUANT TO BID NO. 32.Q0/01 FOR THE SUPPLY AND
INSTALLATION OF FOUR (4) COOLING TOWERS AT THE MIAMI BEACH
CONVENTION CENTER.
Date: September 11, 2002
To:
Subject:
ADMINISTRATION RECOMMENDATION:
Approve the Award.
fJJNDING:
$947.000 - Fund No. 441-2212-069358, Convention Center Capital Account
ANALYSIS:
Total funding in the amount of $34,727,820 has been appropriated from FY96/97 through
FY01/02. for the Convention Center and Jackie Gleason Theater of the Performing Arts
(TOPA) Capital Projects. Pursuant to the City Commission request for balance updates to
be presented with Convention Center capital project requests, current preliminary figures
through August 29.2002 show $18,649,341 disbursed, with an additional $832,807.00
encumbered for projects in progress. The total funding available was $35,000,000 with
$10.000.000 pledged tor interest generation to fund the Cultural Arts Council. It is
estimated that the City will not need to expend funds trom the $10,000,000 held for the
Cultural Arts Council until 2003.
The existing cooling towers at the Convention Center are 13 years old and constructed of
fiberglass. Over the past several years the towers have weakened; therefore causing the
structures to implode. This, in turn, has created problems with the movement of the cooling
tower blades. A Professional Engineer was secured by the City to provide plans and
specifications for the Replacement of all 4 Cooling Towers. The specifications for the new
towers require stainless steel which will avoid the problems that are prevalent with the
exiting fiberglass towers.
The work specified in this bid consists of fumishing all labor, machinery, tools, means of
transportation, supplies, equipment, materials, services necessary tor the supply and
installation of four (4) complete cooling towers and support frames which will service the
Miami Beach Convention Center.
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Bid No. 32-00/01
Page Two
September 11, 2002
ANALYSIS (Continued)
The Contractor shall be Substantially Completed with the Work within one-hundred-flfty
(150) calendar days after the date when the Contract Time commences to run, and
completed and ready for final payment within one-hundred-eighty (180) calendar days after
the date when the Contract Time commences to run.
DemandStar by Onvia issued bid notices on 06/01/01 to two-thousand-seven-hundred-
eighteen (2.718) prospective bidders, resulting in one-hundred-seven (107) vendors
requesting bid packages, which resulted in the receipt of six (6) responsive bids on
08/16/02.
References have been checked by Procurement staff and Dun and Bradstreet reports have
been secured for Weathertrol Maintenance Corp. and this Contractor is highly
recommended. Weathertrol Maintenance Corp. has been in business since 1969 as a
General Mechanical Contractor and is based in the City of Miami, and pursuant to the
reference check, the information provided, indicates that Weathertrol Maintenance Corp.
provides quality work, and completes jobs within the required completion dates.
CONCLUSION:
Based on the analysis, the Administration recommends that a contract be awarded to_the
lowest and best bidder, Weathertrol Maintenance Corp. for the Supply and Installation of
Four (4) Cooling Towers at the Miami Beach Convention Center.
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Bid No. 32-00/01
Page Three
September 11. 2002
BID TABULATION:
CITY OF MIAMI BEACH
BID T ABUL T ATION
BID 32. SUPPLY AND INSTALLATION OF FOUR (4) COOLING TOWERS
AT THE MIAMI BEACH CONVENTION CENTER
LUMP SUM ALTERNATE #1
1) Weathertrol $895,000.00 $52,000,00
Maintenance Corp.
2) CarlYon Construction $895,000.00 $80,000.00
Company
3) Thermal Concepts $921,000.00 $60.000.00
4) Airstron. Inc. $1,067,503.00 N/A
5) Arfran, Inc. $1,076,900.00 $77,200.00
6) Siemens Building $1,280,000.00 $94,000.00
Technoloales
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CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
htlp:\\cLmiami-beach. fl. us
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
INVITATION TO BID NO. 32-00/01
ADDENDUM NO.1
June 18, 2001
SUPPLY AND INSTALLATION OF FOUR (4) COOLING TOWERS AT THE MIAMI
BEACH CONVENTION CENTER is amended as follows:
I. Replace Page 51 of the Bid Specifications with revised 5 Pages as per the following
Attachment I.
ll. Bidders shall submit their bid based on the requirement of four (4) separate
mobilizations for the installation of four (4) Cooling Towers.
Bidders are required to acknowledge this addendum on Proposal page 3 of 5 and submit a
complete copy of this and all addenda with their bid, or the bid may be considered non-responsive.
CITY OF MIAMI BEACH
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Attachments:
ATTACHMEm I - Revised Specifications (5 pages)
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Page 1
Bid No. 32-00/01, Addendum 1
ATTACHMENT I
COOLING TOWER SPECIFICATIONS
MIAMI BEACH CONVENTION CENTER
ITEM DESCRIPTION:
INSTALLATION OF COOLING TOWERS
BID NO: 32-00/01
Location
South East Chiller Roof
Specification
Technical Data
Supply and Installation of four (4) complete cooling towers and support
frames and condenser water piping.
. Contractor shall supply and install four (4) Evapco Model #UBT 24-
618Bcooline: towers or (4) Marlev Model #8308J-2 (or Equal)
. Cooling towers to be designed to meet ASCE-93 and South Fla. Building
Code
Wind Load requirements.
. Contractor shaD remove and dispose of existing cooling towers, piping &
consttuction debris.
. Contactor shall be responsible for all engineering specifications, drawings,
pennits, material, equipment, labor, electrical and plumbing work to
successfully complete the job.
. Contractor shall be responsible for the connection of new tower controls to
Insight System 600 (Siemens Building Technologies Automated System).
. The cooling towers shall be all stainless steel consttllction: stainless steel
basin, structure, hardware and side panels.
~ The support frames shall be constructed of hot dipped e:alvanized
steel and fabricated in accordance with South Fla. Buildine: Code.
~ The cooling towers shall be equipped with an aluminum ladder,
galvanized handrail, vibration switches, and safety cages, flow control
valves and extended grease lines.
Each cooling tower will consist of the following:
~ Two (2) Fan Motors not to exceed 50 HPlEach
u Flume plate for independent cell operation.
u Air Flow (CFM) 251,000 or greater
~ Pump Head (IT of Water) 17.2 orless
~ Evaporated Water Rate (gpm) 36.0
~ Recommended Bleed Rate (gpm) 36.0
u Condensing piping must be coated with rust proofing primer and
painted.
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Page 2
Bid No. 32-00/01, Addendum 1
ATTACHMENT I
MECHANICAL SPECIFICATIONS
1.0 Base:
1.0 Provide an induced draft, crossflow type, or COlDlterflOW factory assembled, fihn fill, industrial duty,
stainless steel cooling tower. The limiting overall dimensions of the tower shall be 22.42 ft. wide,
2808 ft. long, and 12.98 ft. high. Total operating horsepower of all fans shall not exceed 100 HP,
consisting of 2 @ 50 HP motors.
2.0 Thennal Perfonnance:
2.1 The tower shall be capable of cooling 3600 GPM of water from 95.00 OF to 85.00 OF at a design
entering air wet-bulb temperature of 79.00 OF, and its thermal rating shall be Certified by the
Cooling Technology Institute
2.2 en Certification notwithstanding, the cooling tower manufacturer shall quarantee that the tower
supplied will meet the specified perfonnance conditions when the tower is installed according to
plan. If, because of a suspected thennal perfonnance deficiency, the owner chooses to conduct an
onsite thennal perfonnance test under the supervision of a qualified, disinterested third part in
accordance with en or ASME standards during the first year of operation; and if the tower fails
to perfonn within the limits of test tolerance; then the cooling tower manufacturer will pay tor the
cost of the test and will make such corrections as are appropriate and agreeable to the o\\ner to
compensate for the perfonnance deficiency.
3 .0 Warranty
3.1 The entire tower, including stIUcture, casing, basins, decking, fans, motors, and all mechanical drive
components (including belts, if used) shall be warranted against failure due to defects in materials
and workmanship for a period offive (5) years from the date of shipment to the job. Towers not
covered by a warranty of this scope will not be accepted.
4.0 Design Loading:
4.1 The tower and all its components shall be designed to withstand a wind load as outlined in South
Fla. Building Code and ASCE-93, manufactured to supply wind load calculations, as well as a .3g
seismic load. It shall be designed to withstand shipping and hoisting loads of 2g horizontal and 3g
vertical. The fan deck and hot water basin covers shall be designed for 50 psf(2.42 kPa) live load
or a 200 lb. (91 kg) concentrated load Handrails, where specified, shall be capable of withstanding
a 200 lb. (890 N) concentrated live load in any direction, and shall be designed in accordance with
OSHA guidelines.
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Page 3
Bid No. 32-00/01, Addendum 1
ATTACHMENT I
5.0 Construction:
5.1 Except where otheIWise specified, all components of the cooling tower shall be fabricated of heavy-
gauge, series 300 stainless steel. The tower shall be capable of withstanding water having a chloride
content (NaC1) up to 750 ppm; a sulfate content (S04) up to 1200 ppm; a calcium content
(CaC03) up to 800 ppm; silica (Si02) up to 150 ppm; and design hot water temperatures up to
125 OF (51.7). The circulating water shall contain no oil, grease, fatty acids, or organic solvents.
5.2 The specifications, as written, are intended to indicate those materials that will be capable of
withstanding the above water quality in continuing seMce, as well as the loads described in
paragraph 4.1. They are to be regarded as minimum requirements. Where component materials
peculiar to individual tower designs are not specified, the manufacturers shall take the above water
quality and load carrying capabilities into account in the selections of their materials of manufacture.
5.3 The tower shall include all design and material modifications necessaIy to meet the fire rating
requirements of Factory Mutual. The product proposed shall be listed in the FM Approval Guide,
latest edition.
6.0 Mechanical Equipment:
6.1 Fans shall be propeller-type, incorporating heavy aluminum alloy blades and electrogalvanized hubs.
Blades shall be individually adjustable. Fans shall be driven through a right angle, industrial duty, oil
lubricated, geared speed reducer that requires no oil changes for the first five (5) years of operation.
Speed reducers employing pulleys and belts will not be accepted.
6.2 Motors shall be 50 HP maximum, TEFC, 1.15 service factor, variable torque, and specially
insulated for cooling tower duty. Speed and electrical characteristics shall be 1800 RPM, single-
winding, 3 phase, 60 Hertz, 460 volts. Motor shall operate in the shaft-horizontal position, and
nameplate horsepower shall not be exceeded at design operation.
6.3 A neoprene and stainless steel oil line shall extend from the gear reducers to a point of the fan deck
of each cell. The oil level in the gear reducer shall be readable at that point by means of a dip stick.
6.4 The complete mechanical equipment assembly for each cell shall be supported by a rigid, welded,
stainless steel structuraI support that resists misalignment between the motor and the gear reducer.
6.5 Each cell of the cooling tower shall be equipped with a factory-wired, control system in a NEMA
3R raintight enclosure. This system shall control the operation of the fan motor. The panel shall
include a fused disconnect switch with external operating handle, lockable in the off position; a
fused control-circuit transformer to provide 10 volt control power; an across-the-line magnetic
contactor for each primary motor speed; and enclosure-mounted Han-Off-Auto selector switch.
Two speed control panels will have a High-Low selector switch. The control panel will have a
factory wired, multiport terminal block for the connection of alanns and auxiliary equipment For
automatic operation, the fan will be controlled by a separately-enclosed thermostatic temperature
controller. The temperature controller shall be adjustable for the required cold water temperature.
.
Page 4
Bid No. 32-00/01, Addendum 1
ATTACHMENT I
On cells whose shipping Width is less than 11'-0" (3.353m), the panel shall be factory-mounted on
the casing near the access door, shall be wired to the motor and other manufacturer-supplied
electrical components; and shall be fully tested prior to shipment. Control panels shall be UL listed
assemblies or shall bear a UL panel builders label on the assembly. Panels without a UL label for
the entire assembly will not be accepted.
6.6 A vibration limit switch shall be installed on the mechanical equipment support assembly and wired
into the control panel. The purpose of this switch will be to intenupt power to the motor in the event
of excessive vibration. It shall be adjustable for sensitivity, and shall require manual reset.
7.0 Fill, Louvers & Drift Eliminators
7.1 Fill shall be fihn-type, thermoformed of 15 mil 0.38 mm) thick PVC, with louvers formed as part
of each fill sheet. Fill shall be suspended from stainless steel structural tubing supported from the
tower structure, and shall be elevated above the floor of the cold water basin to facilitate cleaning.
Air inlet faces of the tower shall be free of water splash-out.
7.2 Drift eliminators shall be PVC, triple-pass, and shall limit drift losses to no more that 0.005% of the
design GPM flow rate.
8.0 Hot Water Distribution System:
8.1 Two stainless steel open basins (one above each bank of fill) shall receive hot water piped to each
cell of the tower. These basins shall be installed and sealed at the factory, and shall be equipped
with removable, stainless steel covers capable of withstanding the loads described in paragraph 4.1.
All components of these basins, with the exception of the nozzles, shall be stainless steel.
8.2 Each basin shall include an inlet hole and bolt circle to accept a 125# flange connection per ANSI
B 16.1. Removable, interchangeable polypropylene nozzles installed in the floor of these basins shall
provide full coverage of the fill by gravity flow. Heavy-duty flow-regulator valves shall be provided
at the hot water inlet connections. These valves shall be disc-type, with cast iron bodies and
stainless steel operating stems. There shall be a locking handle to maintain the valve setting in any
position. Valves shall be right-angle configuration, precluding the need for inlet elbows.
9.0 Casing, Fan Deck, & Fan Cylinder:
9.1 The casing and fan deck shall be heavy-gauge stainless steel, and shall be capable of withstanding
the loads described in paragraph 4.1. The top of the fan cylinder shall be equipped with a conical,
non-sagging, removable fan guard, fabricated of welded 5/16" (8mm) and 7 gauge rods, and hot
dip galvanized after fabrication. Fan cylinders 5'-0" in height and over shall not be required to have
a fan guard.
1 0.0 Access:
10.1 A large stainless steel access door 30" (762 mm) wide and a minimum of 33" (838 mm) high shall
be located on both endwalls for en1Iy into the cold water basin and fan plenum area Access doors
shall be operable from inside as well as outside the tower.
Page 5
Bid No. 32-00/01, Addendum 1
ATTACHMENT I
10.2 The top of the tower shall be equipped with a sturdy handrail, complete with kneerail and toeboard,
designed according to OSHA guidelines. Handrails and kneerails shall consist of 1.66" (42mm)
0.0. x 15 gauge galvanized stIucttn'al tubing, the handrail of which shall be capable of withstanding
a 200 pound (890N) concentrated live load in any direction. Posts are 2" x 2" (51mm x 51mm)
square structural tubing and shall be spaced on centers of 8'-0" (2438mm) or less. AI' -6"
(457mm) wide aluminum ladder with 3" (76mm) I-beam side rails and 1.25" (32mm) diameter
nmgs shall be permanently attached to the endwall casing of the tower, rising from the base of the
tower to the top of the handrail.
10.3 A heavy gauge galvanized steel safety cage shall surround the ladder, extending from a point
approximately 7'-0" (2. 134m) above the foot of the ladder to the top of the handrail surrounding
the fan deck.
11.0 Cold Water Collection Basin
11.1 The cold water basin shall be heavy-gauge series 300 stainless steel, and shall inc lude the number
and type of suction connections required to accommodate the outflow piping system shown on the
Plans. Suction connections shall be equipped with stainless steel debris screens. A factory installed,
float operated, mechanical makeup valve shall be included. A 4" (101.6 rom) diameter PVC pipe
overflow shall be provided in each cell of the tower. The basin shall include a depressed center
section into which accumulated silt can be flushed and overflow standpipes shall be removable to
permit flush-out cleaning of the basin. The basin floor adjacent to the depressed section shall slope
toward the depressed section to prevent build-up of silt under the fill area. Towers of more than
one cell shall include stainless steel flumes for flow and equalization between cells.
~ Contractor must remove existing fire suppression system and install a new fire suppression
system per manufacturer's and City of Miami Beach specifications. FM Approved towers
could preclude use of fire sprinklers. contractor to verify if sprinklers are required.
~ Contractor must have a minimum of seven (7) years experience in repair and installation of
500+ ton chilled water systems.
~ Cooling Tower Equipment shall have a minimum manufacturer's warranty of 5 yean.
~ Bid warranty will include 1 year including labor and workmanship.
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH. FLORIDA 33139
http:\\cLmiami-beach.f1.us
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PROCUREMENT DIVISION
Telephone (305) 673.7490
Facsimile (305) 673-7851
INVITATION TO BID NO. 32-00/01
ADDENDUM NO.2
June 21, 2001
Supply and InstaUation of four (4) Cooling Towers at the Miami Beach Convention Center
~ amended as follows:
I. The Bid Opening date is changed from June 26,2001 to June 29, 2001 at 3:00 P.M.
Inasmuch as this change does not materially affect the bid document, proposers are not required to
acknowledge this addendum to be deemed responsive.
CITY OF MIAMI BEACH
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Gus Lopez, CPPO
Procurement Director
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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 OMS ION
Telephone (305) 673-7490
Facsimile (305) 673.7851
INVITATION TO BID NO. 32-00/01
ADDENDUM NO.3
June 26, 2001
Supply and InstaUation of four (4) Cooling Towers at the Miami Beach Convention Center
5 amended as follows:
I. The Bid Opening date is changed from June 29, 2001 to July 27, 2001 at 3:00 P.M.
Inasmuch as this change does not materially affect the bid document, proposers are not required to
acknowledge this addendum to be deemed responsive.
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. 32-00/01
ADDENDUM NO.4
July 18, 2001
Supply and Installatiou offoor (4) CooUng Towers at the Miami Beach Couvention Center
is amended as follows:
L The Bid Opening date is changed from July 27, 2001 to August 31,2001 at 3:00 P.M.
Inasmuch as this change does not materially affect the bid document, proposers are not required to
acknowledge this addendum to be deemed responsive.
CITY OF MIAMI BEACH
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Gus Lopez, CPPO
Procurement Director
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CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:\\cLmiami-beach.fl.us
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PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673.7851
INVITATION TO BID NO. 32-00/01
ADDENDUM NO. S
August 16, 2001
Supply and InstaUation of four (4) Cooling Towers at the Miami Beach Convention Center
ii amended as follows:
I. The Bid Opening date is changed from August 31, 2001 to September 14,2001 at 3:00
P.M.
Inasmuch as this change does not materially affect the bid document, proposers are not required to
acknowledge this addendum to be deemed responsive.
CITY OF MIAMI BEACH
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Gus Lopez, CPPO
Procurement Director
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CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http;\\cLmiami-beach.fl.us
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PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673.7851
INVITATION TO BID NO. 32-00/01
ADDENDUM NO.6
September 10, 2001
Supply and Installation of four (4) Cooling Towers at the Miami Beach Convention Center
i; amended as follows:
I. The Bid Opening date is changed from September 14, 2001 to October 19, 2001 at 3:00
P.M.
Inasmuch as this change does not materially affect the bid document, proposers are not required to
acknowledge this addendwn to be deemed responsive.
CITY OF MIAMI BEACH
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Gus Lopez, CPPO
Procurement Director
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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. 32-00/01
ADDENDUM NO.7
October 12, 2001
Supply and InstaUation of four (4) Cooling Towers at the Miami Beach Convention Center
is amended as follows:
I. The Bid Opening date is changed from October 19, 2001 to November 27, 2001 at 3:00
P.M.
Inasmuch as this change does not materially affect the bid document, proposers are not required to
acknowledge this addendum to be deemed responsive.
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
INVITATION TO BID NO. 32-00/01
ADDENDUM NO.8
November 19, 2001
Supply and Installation of four (4) Cooling Towers at the Miami Beach Convention Center
is amended as follows:
I. The Bid Opening date is changed from November 27, 2001 to January 11, 2002 at 3:00
P.M.
II. The Bid Opening has been extended several times due to the fact that specifications and
plans are being prepared. Subsequent Addenda will follow.
Inasmuch as this change does not materially affect the bid document, proposers are not required to
acknowledge this addendum to be deemed responsive.
CITY OF MIAMI BEACH
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Procurement Director
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CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH. FLORIDA 33139
http:\\ci.miami-beach.f1.us
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
INVITATION TO BID NO. 32-00/01
ADDENDUM NO.9
December 28, 2001
Supply and Installation offour (4) Cooling Towers at the Miami Beach Convention Center
is amended as follows:
I. The Bid Opening date is changed from January 11, 2002 to February IS, 2002 at 3:00
P.M.
D. Subsequent Addenda will follow.
Inasmuch as this change does not materially affect the bid document, proposers are not required to
acknowledge this addendum to be deemed responsive.
CITY OF MIAMI BEACH
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Procurement Director
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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
INVITATION TO BID NO. 32-00/01
ADDENDUM NO. 10
January 28, 2002
Supply and InstaDation of four (4) Cooling Towers at the Miami Beach Convention Center
is amended as follows:
I. The Bid Opening date is changed from February 15,2002 to April 2, 2002 at 3:00 P.M.
n. The Bid Opening has been extended several times due to the fact that specifications and
plans are being prepared. Subsequent Addenda will foDow.
Inasmuch as this change does not materially affect the bid document, proposers are not required to
acknowledge this addendum to be deemed responsive.
CITY OF MIAMI BEACH
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Gus Lopez, CPPO
Procurement Director
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CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH. FLORIDA 33139
http:\\ci.miami-beach.f1.u5
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
INVITATION TO BID NO. 32-00/01
ADDENDUM NO. 11
March 21, 2002
Supply and Installation of four (4) Cooling Towers at the Miami Beach Convention Center
is amended as follows:
I. The Bid Opening date is changed from April 2, 2002 to April 19, 2002 at 3:00 P.M.
ll. The Bid Opening has been extended several times due to the fact that specifications and
plans are being prepared. Subsequent Addenda will follow.
Inasmuch as this change does not materially affect the bid document, proposers are not required to
acknowledge this addendum to be deemed responsive.
CITY OF MIAMI BEACH
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Gus Lopez, CPPO
Procurement Director
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CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE. MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.ft.us
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673.7851
INVITATION TO BID NO. 32-00/01
ADDENDUM NO. 12
April 15, 2002
Supply and Installation of four (4) Cooling Towers at the Miami Beach Convention Center
is amended as follows:
I. The Bid Opening date is changed from April 19, 2002 to May 31,2002 at 3:00 P.M.
Subsequent addenda will follow.
Inasmuch as this change does not materially affect the bid document, proposers are not required to
acknowledge this addendum to be deemed responsive.
CITY OF MIAMI BEACH
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Gus Lopez. CPPO
Procurement Director
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CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:\\ci.mlami-beach.f1.u5
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
INVITATION TO BID NO. 32-00/01
ADDENDUM NO. 13
May 23, 2002
Supply and InstaUation of four (4) CooUng Towers at the Miami Beach Convention Center
is amended as follows:
I. The Bid Opening date is changed from May 31,2002 to July 9, 2002 at 3:00 P.M.
Subsequent addenda will follow.
Inasmuch as this change does not materially affect the bid document. proposers are not required to
acknowledge this addendum to be deemed responsive.
CITY OF MIAMI BEACH
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Gus Lopez. CPPO
Procurement Director
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CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
hUp:\Icl.miami-beach.f1.us
PROCUREMENT DMSION
Telephone (305) 673-7490
Facsimile (305) 673-7851
INVITATION TO BID NO. 32-00/01
ADDENDUM NO. 14
June 13, 2002
Supply and Installation of four (4) Cooling Towers at the Miami Beach Convention Center
is amended as follows:
I. A second Pre Bid Conference/Site Visit has been scheduled for June 25, 2002 at
1l:00am. at the City of Miami Beach Convention Center, Fourth Floor Executive
Offices, 1901 Convention Center Drive, Miami Beach, Florida 33139.
II. There is no Bid Guaranty required for this bid, however the successful bidder will be
required to provide Performance and Payment Bonds, each for 100% of the contract
amount.
III. Add: "Minimum Requirements" for this project:
"Prospective Bidder (General Contractor and/or Subcontractors) must have a
minimum of ~ years experience in the supply and installation of Cooling Towers
and at least four (4) separate Cooling Tower replacement projects of two-hundred
fifty thousand (5250,000.00) doll~rs or higher in construction work."
IV. Attached to this addendum (Attachment 1) is the T-Square Plans and Specification order
form. Form must be filled out and submitted to T -Square Miami before contractors will
receive the plans and Specifications. The following is a list of Plans and Specification
Sections for this project.
PLANS - 10 Drawine:s
Cover
Mechanical
MI-Mechanical Schedules, Details, Legend and Notes
M2-Mechanical Second Floor Plan
M3-Mechanical Roof Plan
M4-Mechanical Section
MS-Mechanical Schematic Piping Diagrams
Electrical
E I-Second Floor Electrical Plan, Symbols Legend and Electrical Notes
E2-Electrical Roof Plan and Details
E3-Motor Control Center Single Line Diagrams, Front Elevator and Load
Calculations
Structural
S I-Mechanical Roof Plan
Bid No. 32-00/01
Page 2
Addendum 14
Note: Any Specifications that was part of the original bid document shall be discarded The
following Specifications will replace those discarded specifications and will be part
of the bid document. Specification to be ordered from T-Square Miami.
SPECIFICA nONS
Section 051120 - Structural Steel
Section 15010 - General Provisions
Section 15023 - Codes and Standards
Section 15044 - General Completion
Section 15047 - Identification
Section 15050 - Basic Materials and Methods
Section 15051 - Motors and Motor Starters
Section 15052 - Variable Frequency Drives
Section 15060 - Pipe and Pipe Fittings (HV AC)
Section 15080 - Piping Specialties (HV AC)
Section 15100 - Valves (HVAC)
Section 15200 - Sound and Vibration Isolation
Section 15310 - Fire Protection Pipe and Fittings
Section 15680 - Cooling Tower (packaged)
Section 15720 - Pumping Equipment - HV AC
Section 15907 - Testing and Balancing
Section 160 I 0 - Electrical and General Provisions
Section 16025 - Codes and Standards
Section 16030 - Tests
Section 16100 - Basic Materials and Methods
Section 16450 - Grounding System
No.ofPalZes
4
10
2
2
3
7
2
9
6
5
3
3
4
3
2
7
8
2
2
12
3
V. Revise: Prevailing Wage Rate #FL020001 dated June 7, 2002 shall be made a part of
these bid/contract documents as per City of Miami Beach Ordinance No. 94-2960.
Attached to this addendum are updated Wage Rates.
VI. Change:
1. Notice to Contractor's.
2. Amended Bid Form Page.
3. Customer Reference Listing Pages.
4. Updated Wage Rates Determination
VII. Add:
1. Updated City Ordinances.
2. Plans/Specifications Order Form, Attachment 1.
Bid No. 32-00/01
Page 3
Addendum 14
Bidders are required to acknowledge this addendum on proposal page 3 of 5 (page 6), "Addendum
Acknowledgement", or the bid may be considered non-responsive.
CITY OF MIAMI BEACH
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Gus Lopez, CPPO
Procurement Director
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CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA
http:\\ci.miami-beach.f1.us
PROCUREMENT DIVISION
CITY OF MIAMI BEACH
INVITATION TO BID NO. 32-00/01
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 9th day ofJuly, 2002
for:
~
SUPPLY AND INSTALLATION OF FOUR (4) COOLING TOWERS AT THE
MIAMI BEACH CONVENTION CENTER
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 supply and
installation of four (4) complete cooling towers and support frames which will service the Miami
Beach Convention Center and The Jackie Gleason Theater of the Performing Arts.
Minimum Requirements: Prospective Bidder (General Contractor and/or Subcontractors) must
have a minimum ofl years experience in the supply and installation of Cooling Towers and at least
four (4) separate Cooling Tower replacement projects of two-hundred fifty thousand ($250,000.00)
dollars or higher in construction work.
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 Non-Mandatory second Pre-Bid Conference/Site Inspection has been scheduled for 11:00
a.m. on June 25. 2002. at the Miami Beach Convention Center. 4th Floor Executive Office.
located at 1901 Convention Center Drive. Miami Beach. FL 33139. Although this pre-bid
conference is non mandatory it is highly encouraged for contractors to attend this meeting to have a
complete understanding of the scope of work.
There is no Bid Guaranty required for this bid, however the successful bidder will be required to
provide Performance and Payment Bonds, each for 100% of the contract amount.
The City has contracted with DemandStar by Onvia as our electronic procurement service for
automatic notification of bid opportunities and document fulfillment. We encourage you to
participate in this bid notification system. To find out how you can receive automatic bid
notifications or to obtain a copy of this Bid, go to www.demandstar.com or caU toll-free 1-800-
711-1712, and request Document #323.
BID NO: 31-00/01
DATE: 06101/01
CITY OF MIAMI BEACH
1
Amended (Addendum 14)
Subscribing to DemandStar by Onvia's bid notification system is not a requirement. You will still
be able to find bid information and download documents through the City's website Chtto://ci.miami-
beach. fl. us. From the City's home page, click on E-Govemment - on line services on the next web
page click on Request Bid Infonnation and Bid Status and follow the instructions. You will be
charged an administrative fee of $5.00 by DemandStar to download this document. Plans and
specifications are available for this bid but must be ordered through T -Square Miami, Phone
No. (305) 324-1234.
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 fonn of
an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFfER SAID
DEADLINE.
The City of Miami Beach reserves the right to accept any proposal or bid deemed to be in the best
interest of the City of Miami Beach, or waive any informality in any proposal or bid. The City of
Miami Beach may reject any and all proposals or bids.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECfTOTHE
"CONE OF SILENCE, " IN ACCORDANCE WITH ORDINANCE NO. 99-3164. A COpy
OF ALL WRITTEN COMMUNICATION(S) REGARDING THIS BID MUST BE FILED
WITH THE CITY CLERK.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECf 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 SUBJECf TO THE
BID SOLICITATION PROTEST ORDINANCE NO. 2002-3344.
YOU ARE HEREBY ADVISED THAT THIS BID SOLICITATION IS SUBJECf TO THE
LOBBYIST FEE DISCLOSURE ORDINANCE NO. 2002-3363.
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BID NO: 31-00/01
DATE: 06101101
CITY OF MIAMI BEACH
3
Amended (Addendum 14)
BID No. 32-00/01
BID PROPOSAL FOR
SUPPLY AND INSTALLATION OF FOUR (4) COOLING TOWERS AT
THE MIAMI BEACH CONVENTION CENTER
PROPOSAL PAGE 2 OF 5
All bid items shall include costs for furnishing to the City all material, equipment, and supplies and
for all cost incurred in completing the work, including installation of all materials, equipment, and
supplies furnished, complete in place and ready for continued service, including all tie-in work and
testing, all other labor, pennit fees, taxes, insurance, miscellaneous costs, overhead and profit.
The Contractor shall be Substantially Completed with the Work within one-hundred fifty (150)
calendar days after the date when the Contract Time commences to run, and completed and ready
for final payment within one-hundred eighty (180) calendar days after the date when the
Contract Time commences to run.
Provide all labor, equipment, material, and supervision necessary to perform the full extent of the
work as described herein:
Lump Sum: $
Written Amount
The followinl! breakdown is for informational DUrooses onlv.
Estimated Cost for Equipment and Parts:
Labor:
GE&AlOverhead Profit:
FIRM'S NAME (print or Type):
SIGNATURE:
TITLEIPRINTED NAME:
ADDRESS:
TELEPHONE NUMBER:
FAX:
BID NO: 32-00/01
DATE: 06101/01
CITY OF MIAMI BEACH
5
Amended (Addendum 14)
SUPPL Y AND INST ALLA TION OF FOUR (4) COOLING TOWERS AT
THE MIAMI BEACH CONVENTION CENTER
CUSTOMER REFERENCE LISTING
Prospective Bidder (General Contractor and/or Subcontractors) must have a minimum of d years
experience in the supply and installation of Cooling Towers and at least four (4) separate Cooling
Tower replacement projects of two-hundred fifty thousand ($250,000.00) dollars or higher in
construction work.. The 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 the supply and installation of Cooling Towers.
1) Company Name
Address
Contact Person/Contract Amount
Telephone Number
2)
Company Name
Address
Fax No.
Contact Person/Contract Amount
Telephone Number
3)
Company Name
Address
Fax No.
Contact Person/Contract Amount
Telephone Number
4)
Company Name
Address
Fax No.
Contact Person/Contract Amount
Telephone Number
BID NO: 32-00/01
DATE: 06101/01
Fax No.
CITY OF MIAMI BEACH
11
Ameaded (Addeadum 14)
S) Company Name
Address
Contact Person/Contract Amount
Telephone Number Fax No.
6) Company Name
Address
Contact Person/Contract Amount
Telephone Number Fax No.
7) Company Name
Address
Contact Person/Contract Amount
Telephone Number Fax No.
8) Company Name
Address
Contact Person/Contract Amount
Telephone Number Fax No.
BID NO: 32-00/01
DATE: 06101/01
CITY OF MIAMI BEACH
12
Amended (Addendum 14)
Page 1
Wa2e Rates Determination
GENERAL DECISION FL020001 06/07/2002 FL1
Date: June 7, 2002
General Decision Number FL020001
Superseded General Decision No. FL010001
State: Florida
Construction Type:
BUILDING
County (ies) :
DADE
BUILDING CONSTRUCTION PROJECTS (does not include single
family homes and apartments up to and including four
(4) stories)
Modification Number
o
1
2
3
4
Publication Date
03/01/2002
03/29/2002
04/05/2002
05/10/2002
06/07/2002
COUNTY (ies) :
DADE
ASBE0060A 09/01/2001
Rates
Fringes
ASBESTOS WORKERS/HEAT AND FROST
INSULATORS
24.98
6.46
----------------------------------------------------------------
* ELEC0349A 06/01/2002
Rates
Fringes
ELECTRICIANS (Including Fire Alarm
Installation) :
Electrical contracts including
materials that are less than
$2,000,000
20.50
4.30 + 8%
Electrical contracts including
materials that are over
$2,000,000
22.96
4.30 + 8%
----------------------------------------------------------------
ELEV0071A 11/01/2001
ELEVATOR MECHANICS
Rates
25.285
Fringes
7.455+A
FOOTNOTE FOR ELEVATOR CONSTRUCTORS:
A: Employer contributes 8% basic hourly rate for 5 years
Updated (Addendum 14)
Page 2
or more of service or 6% basic hourly rate for 6 months
to 5 years of service as Vacation Pay Credit; Paid
Holidays: New Year's Day; Memorial Day; Independence
Day; Thanksgiving Day; Christmas Day, plus the Friday
after Thanksgiving.
ENGI0487A 10/01/2001
----------------------------------------------------------------
POWER EQUIPMENT OPERATORS:
Boom Truck Operator
Crane (Including Truck Crane)
Crane Oiler (Including Truck Crane)
Piledrivers
Rates
Fringes
19.23
22.40
16.15
19.25
3.40
3.40
3.40
3.00
IRON0272B 04/01/2002
----------------------------------------------------------------
IRONWORKERS:
Ornamental
Reinforcing
Structural
Rates
Fringes
18.75
18.75
18.75
4.45
4.45
4.45
----------------------------------------------------------------
PLUM0519A 03/16/2002
PLUMBERS
PLUM0725A 08/14/2001
----------------------------------------------------------------
Rates
21. 57
Fringes
5.28
PIPEFITTERS (Including HVAC)
SFFL0821A 01/01/2002
----------------------------------------------------------------
Rates
22.85
Fringes
6.50
SPRINKLER FITTERS
SHEE0032C 03/03/2002
----------------------------------------------------------------
Rates
21. 30
Fringes
6.22
SHEET METAL WORKERS (Including
HVAC duct work)
Rates
Fringes
SUFL1027A 03/04/1999
----------------------------------------------------------------
22.40
6.36
ACOUSTICAL TILE INSTALLER
BRICKLAYERS/BLOCKLAYERS
CARPENTERS (Including Drywall Hanging
and Batt Installation)
CARPET LAYERS
CEMENT MASONS/CONCRETE FINISHERS
DRYWALL FINISHERS
GLAZIERS
LABORERS:
Rates
10.00
15.36
Fringes
0.62
12.90
14.25
14.50
12.50
13.05
2.40
3.15
2.42
Updated (Addendum 14)
Unskilled (Including Mason Tending)
Pipelayers
Plasterer Tenders
PAINTERS, BRUSH
PLASTERERS
POWER EQUIPMENT OPERATORS:
Backhoe
Bulldozer
Grader
Loader
Concrete Pump Operator
Roller
ROOFERS
TILE SETTER
TRUCK DRIVERS
Page 3
8.70
13.81
10.09
9.61
15.05
15.71 2.85
14.58 2.85
15.93 2.85
15.04 2.85
14.78
12.84 2.85
9.99
12.50 0.87
10.95 1.83
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing operation
to which welding is incidental.
================================================================
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29 CFR 5.5(a)(1)(v)).
----------------------------------------------------------------
In the listing above, the "SU" designation means that rates
listed under that identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a
position on a wage determination matter
* a conformance (additional classification and rate)
ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the Branch
of Construction Wage Determinations. Write to:
Updated (Addendum 14)
Page 4
Branch of Construction Wage Determinations
Wage and Hour Division
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage payment
data, project description, area practice material, etc.) that the
requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative Review
Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
Updated (Addendum 14)
DIVISION 3. LOBBYISTS
Sec. 2-481. Definitions.
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Advisory personnel means the members of those city boards and agencies whose sole
or primary responsibility is to recommend legislation or give advice to the City
commissioners.
Autonomous personnel includes but is not limited to the members of the housing
authority, personnel board, pension boards, and such other autonomous or
semi-autonomous authorities, boards and agencies as are entrusted with the day-to-day
policy setting, operation and management of certain defined functions or areas of
responsibility .
Commissioners means the mayor and members of the City commission.
Departmental personnel means the City manager, all assistant City managers, all
department heads, the City 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.
BID NO: 31-00/01
DATE: 06111102
CITY OF MIAMI BEACH
1
Updated Ordinances
(Addendum 14)
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.
(f) 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 (f) 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
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
BID NO: 32-00101
DATE: 06112102
CITY OF MIAMI BEACH
2
Updated Ordinances
(Addendum 14)
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)
Sec. 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 av~i1able 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)
Sec. 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 noncity
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)
Sec. 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
pursuantto 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
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.
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(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. 92-2777,1 6,3-4-92; Ord. No. 92-2785,1 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 ("RFU"), or bid between a potential
vendor, service provider, bidder, lobbyist, or consultant and the city's administrative staff
including, but not limited to, the city manager and his or her staff; (b) any
communication regarding a particular RFP, RFQ, RFU, or bid between the mayor, city
commissioners, or their respective staffs, and any member of the city's administrative
staff including, but not limited to, the city manager and his or her staff; (c) any
communication regarding a particular RFP, RFQ, RFU, or bid between a potential
vendor,service provider, bidder, lobbyist, or consultant and any member of a city
evaluation and/or selection committee: and (d) any communication regarding a
particular RFP, RFQ, RFU or bid between the mayor, city commissioners or their
respective staffs and any member of a city evaluation and/or selection committee.
Notwithstanding the foregoing, the cone of silence shall not apply to competitive
processes for the award of CDBG, HOME, SHIP and Surtax Funds administered by the
city office of community development, and communications with the city attorney and
his or her staff.
(2) Procedure.
a. A cone of silence shall be imposed upon each RFP, RFQ, RFU, and bid after the
advertisement of said RFP, RFQ, RFU, or bid. At the time of imposition of the cone of
silence, the city manager or his or her designee shall provide for public notice of the
cone of silence. The city manager shall include in any public solicitation for goods and
services a statement disclosing the requirements of this division.
b. The cone of silence shall terminate (i) at the time the city manager makes his or
her written recommendation as to selection of a particular RFP, RFQ, RFU, or bid to the
city commission, and said RFP, RFQ, RFU, or bid is awarded; provided, however, that
following the manager making his or her written recommendation, the cone of silence
shall be lifted as relates to communications between the mayor and members of the
commission and the city manager; providing further if the city commission refers the
manager's recommendation back to the city manager or staff for further review, the
cone of silence shall continue until such time as the manager makes a subsequent
written recommendation, and the particular RFP, RFQ, RFU, or bid is awarded or (ii) in
the event of contracts for less than $25,000.00 when the city manager executes the
contract.
(3) Exceptions. The provisions of this section shall not apply to: (a) oral
communications at pre-bid conferences; (b) oral presentations before evaluation
committees; (c) contract discussions during any duly noticed public meeting; (d) public
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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, RFU, 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, RFU, 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, RFU, 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, RFU, or bid between the mayor, city
commissioners or their respective staffs and any member of the city's administrative
staff including, but not limited to, the city manager and his or her staff; and (c) any
communication regarding a particular RFP, RFQ, RFU, or bid between a potential
vendor, service provider, bidder, lobbyist, or consultant and any member of a city
evaluation and/or selection committee; and (d) any communication regarding a
particular RFP, RFQ 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, RFU, 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,
RFU, or bid to the city commission, and said RFP, RFQ, RFU, or bid is awarded;
provided, however, that following the manager making his or her written
recommendation, the cone of silence shall be lifted as relates to communications
between the mayor and members of the commission and the city manager; providing
further if the city commission refers the manager's recommendation back to the city
manager or staff for further review, the cone of silence shall continue until such time as
the manager makes a subsequent written recommendation, and the particular RFP,
RFQ, RFU, or bid is awarded or (b) in the event of contracts for less than $25,000.00
when the city manager executes the contract.
(3) Nothing contained herein shall prohibit any bidder, proposer, vendor, service
provider, lobbyist, or consultant (a) from making public presentations at duly
noticed pre-bid conferences or before duly noticed evaluation committee
meetings; (b) from engaging in contract discussions during any duly noticed
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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 attomey'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 TIlE
CITY OF MIAMI BEACH REQUIRING THAT CONTRACI'ORS ADOPT
A CODE OF BUSINESS ETHICS PRIOR TO ENTERING INTO A
CONTRACT WITH THE CITY OF MIAMI BEACH
WHEREAS. the Greater Miami Chamber of Commerce ("GMCCj adopted a
Model Code of Business Ethics (the "Model Codej; 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 OMCC encourages its members to adopt the principles and
practices outlined in the Model Code; and
WHEREAS, the Commission believes that each entity which docs 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 MA VOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
Section I. Each person or entity that seeks to do business with the City shall
adopt a Code of Business Ethics C'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 aU
applicable governmental roles 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 Apdl 2000
A~~: ~g
-/llk.YOR
~'^--
CIlY CLERK
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APPROVED AS TO
FCRM a LANC3UAc:,r.:
& fOREXECUTIOr...
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GREATER MIAMI CHAMBER OF COMMERCE
MODEL CODE OF BUSINESS ETHICS
STATEMENT OF PURPOSE
The Greater Miami Chamber of CommerCe ("GMCCj seeks to create and sustain an ethical business
climate for its members and the community by adopting a Code of Business Ethics. The GMCC
encourages its members to incorporate the principles and practices outlined here in their Individual
code. of ethia which WIll guide their relationships with cU$lomers, clients and SUppliers. This Model
Code can and should be prominently displayed at all business locations and may be Incorporated into
marketing materials. The GMCC believes that its members should use this Code as e model for the
development of their organizations' business c:odes of ethic:s.
This Mode' Code is II IIGlemenl of principles 10 help ~de decisions end ",onl beled.on relped lor the
importonce 01 elllical business slendllllfs in the community. The GMCC believes the adop~on 01 e. meeningful code
ol.lhic:s is the responsibility 01 every business llnd prolessionel orgllllizetion.
ComDliance with Government Rules & Reaulations
We will properly maintain all records and post all licenses and certificates
in prominent places easily seen by our employees and customers;
In dealing with government agencies and employees, we will conduct business in
accordance with all applicable rules and regutations and in the open;
We will report contract irregularities and other improper Ol unlawful business
prac:tices to the Ethic:s Commission, the Office of Inspector General or
appropriate law enforc:ement authorities.
Recruitment. Selection & Comeensation of Vendors end SueDliers
We will avoid conflicts of interest and disclose such conflic:ts when identified;
Gifts which c:ompromise the integrity of a business transaction are unacceptable;
we will not kick back any portion of a contract payment to employees of the other
contracting party or accept suc:h a kickback. .
Business AccountinQ
All our financial transactions will be properly and fairly recorded in appropriate
books of account, and there will be no .off the books. transactions or secret
accounts.
Promotion and Sales of Products and Services
Our produc:ts will comply with all applicable safety and quality standards;
We will promote and advertise our business and Its products or services in a
manner which is not misleading and does not falsely disparage our competitors:
Doina Business with the Government
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We will conduct business with government agencies and employees in a manner
which avoids even the appearance of impropriety. Efforts to curry political
favoritism are unacceptable;
Our bids will be competitive, appropriate to the bid documents and arrived at
indepenclently;
Any challenges to contra~s awarded wm have a substantive basis and not be
pursued merely because we are th. unsuccessful bidder;
We will, to the best of our ability, perform govemment contrKts awarded at the
price and under the terms provided for in the contract. We will not submit inflated
invoices for goods provided or services performed under such contracts, and
claims will be made only for work actually performed. We will abide by a/l
contracting and subcontracting regulations.
We will not, directly or indirectly, offer to give a bribe or otherwise channel
kickbacks from contracts awarded, to government oltiela/s, their family members
or business associates.
We will not seek or expe<:t preferential treatment on bids based on our
participation in political campaigns.
Publlc.Llf. and Political eamDalans
We encourage all employees to participate in community life, public service and
the political process;
We encourage all employees to recruit, support and elect ethical and qualified
public orticials and engage them in dialogue and debate about business and
community issues;
Our contributions to poUlIca! parties, committees or individuals will only be made
in accordance with applicable law and will comply with all requirements for public
disclosure. All contributions made on behalf of the business must be reported 10
senior company management; .
We will not contribute to the campaigns. of persons who are convicted felons or
those who do not sign the Fair Campaign Practices Ordinance.
We will not knowingly disseminate false campaign information or support those
who do.
Corporate Officer
Company Name
Date
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ORDINANCE NO 2000-3234
AN ORDINANCE OF THE MA VOR 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 individuals are
affiliates of each other if, directly or indirectly. (I) either one controls or has the
power to control the other, or (ii) a third part controls or has the power to control
both. Indicia of control include, but are not limited to. a fiduciary relation which
results from the manifestation of consent by one individual to another that the
other shall act on his behalf and subject to his control, and consent by the other
so to act; interlocking management or ownership; identity of interests among
family members; shared facilities and equipment; common use of employees; or
a business entity organized by a debarred entity, individual, or affiliate following
debarment of a contractor that has the same or similar management, ownership,
or principal employees as the contractor that was debarred or suspended.
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(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 m below: a contractor so
excluded is debarred.
(f) Debarment Committee means a group of seven (7) individual members, each
appointed by the Mayor and individual City Commissioners, to evaluate and. if
warranted. to impose debarment,
(g) Preponderance Greater weight of the evidence means proof by information that,
compared with that opposing it I leads to the conclusion that the fact at issue is
more probably true than not.
(h) Indictment means indictment for a criminal offense. An information or other filing
by competent authority charging a criminal offense shall be given the same effect
as an indictment.
(I) Legal proceeding means any civil judicial proceeding to which the City is a party
or any criminal proceeding. The term includes appeals from such proceedings.
0) List of debarred contractors means a list compiled, maintained and distributed by
the CityDS 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:
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(1) Compile and maintain a current. consolidated list (List) of all contractors
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)
(S)
(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:
Section 2-400.
(1 )
(2)
In accordance with internal retention procedures maintain records relating
to each debarment;
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
Respond to inquiries concerning listed, contractors and coordinate such
responses with the department that recommended the action,
(3)
Effect of debarment.
(a) Debarred contractors are excluded from receiving contracts, and departments
shall not solicit offers from award contracts to, or consent to subcontracts with
these contractors unless the City Manager determines that an emergency exists
justifying such action. and obtains approval from the Mayor and City
Commission, which approval shall be given by Snths 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.
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(d) Debarred contractors are excluded from acting as individual sureties.
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 517ths 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 517ths vote of the Mayor
and City Commission at a regularly scheduled meeting.
(d) No further work shall be awarded to a debarred contractor in connection with a
continuing contract where the work is divided into separate discrete groups and
the City's refusal or denial of further work under the contract will not result in a
breach of such contract.
Section 2-402.
Restrictions on subcontracting.
(a) When a debarred contractor is proposed as a subcontractor for any subcontract
subject to City approval, the department shall not consent to subcontracts with
such contractors unless the City Manager determines that an emergency exists
justifying such consent and the Mayor and City Commission approves such
decision by 517ths vote at a regularly scheduled meeting.
(b) The City shall not be responsible for any increases in project costs or other
expenses incurred by a contractor as a result of rejection of proposed
subcontractors pursuant to subsection 2-402(a) above, provided the
subcontractor was debarred prior to bid opening or opening of proposals, where
the contract was awarded be the City pursuant to an RFP, RFO, RFU, or bid.
Section 2-403.
Debarment.
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(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
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 )
(2)
(3)
(4)
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;
For violation of federal or State antitrust statutes relating to the submission
of offers;
For commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen
property;
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;
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(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
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
BID NO: 32-00/01
DATE: 06111/02
CITY OF MIAMI BEACH
18
Updated OrdiDaDces
(AddeDdum (4)
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 Committee'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
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 )
(2)
For commission of an offense as described in subsection 2404(a)(1): five
(5) years.
For commission of an offense as described in subsection 2404(a)(2): five
(5) years.
BID NO: 31-00/01
DATE: 06111101
CITY OF MIAMI BEACH
19
Updated Ordin.Dces
(AddeDdum 14)
(4)
(5)
For commission of an offense as described in subsection 2404(a)(3):
five (5) years.
For commission of an offense as described in subsection 2404(a)(54):
two (2) to five (5) years.
For commission of an offense as described in subsections 2404(b)(1) or
(2): two (2) to five (5) years.
(3)
(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.
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.
BlD NO: 31-00/01
DATE: 06111101
CITY OF MIAMI BEACH
10
Updated Ordlnaaces
(Addeadum 14)
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 Gode
a new Section 2-371, which shall read as follows:
Section 2-371. Authority to Resolve Protested Bids and Proposed
Awards.
BID NO: 31.00/01
DATE: 06111/01
CITY 'OF MIAMI BEACH
11
Updated OrdiDanees
(Addendum 14)
(a) Right to Protest. Any actual bidder, qualified proposer, or interested parties
(hereinafter collectively referred to as the "bidder") who has a 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. Fai.lure 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
BID NO: 32-00/01
DATE: 06112102
CITY OF MIAMI BEACH
22
Updated Ordinances
(Addendum 14)
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
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
Attomey, 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. +J:\e
aetermiFlatioR af the City Managar and tt:lo City Momey witA rogar:d to all
proGeEh:JFaI aREI teGAflioal matteFs shall Be fiRa!.
(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.
BID NO: 32-00101
DATE: 06112/02
CITY OF MIAMI BEACH
23
Updated Ordinances
(Addendum 14)
0) Protests not timely made under this section shall be barred. Any
basis or ground for a protest not set forth in the letter of protest required
under this section shall be deemed waived.
(k) At the time the City Manager's written recommendation for award of a bid
is presented at a meeting of the Mayor and City Commission, the City
Attorney, or his or her designee, shall present a report to inform the Mayor
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 Drocedural and technical matters shall be final.
Section 2. All ordinances, resolutions or parts thereof in conflict herewith be and
the same are hereby repealed.
Section 3. If any section, sentence, clause or phrase of this Ordinance is held to
be invalid or unconstitutional by any court of competent jurisdiction,
then said holding shall in no way affect the validity of the remaining
portions of this Ordinance. It is the intention of the Mayor and City
Commission of the City of Miami Beach, and it is hereby ordained
that the provisions of this Ordinance shall become and be made part
of the Code of the City of Miami Beach, Florida, The sections of this
Ordinance may be renumbered or relettered to accomplish such
intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
Section 4. This Ordinance shall take effect ten (10) days after its adoption on
the 19th day of Januarv. 2002.
PASSED on First Reading this 19th day of December ,2001.
PASSED and ADOPTED on Second Readina this 9th dav of Januarv . 200
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CLEH
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& FOR EXECUTION
~~-.
BID NO: 31-00/01
DATE: 06111/01
CITY OF MIAMI BEACH
14
Updated Ordinances
(Addendum 14)
ORDINANCE NO. 2002-3363
AN ORDINANCE OF THE MA VOR 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", BV REQUIRING
DISCLOSURE OF LOBBYIST' FEES; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MA VOR 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 shaUlist in detail each expenditure by category, including food
and beverage, entertainment, research, communication, media advertising,
publications, travel, lodging and special events.
b. Each lobbvist and hislher orincioal shall. before enoaaina in any lobbyina
activities. submit to the City Clerk a loint sianed statement under oath disclosina
the terms and amounts of comoensation (to be) oaid bv each orincipal to the
lobbvist \\lith regard to the specific issue on which the lobbyist has been enaaaed
to lobbv: eac~ Bfincieal shall also. erier to the 19b9vine aGtivities takinG Blace.
i~t:)f!lit te tl~. CiW CIQ,t;k a siGnee statement. ..n~Qr oath eiscloslno the tOFFAS an~
Im~~JRt ~f oomB~satieR ttff) be) BalE! to oaef:llobbvi61 onaattJee by tho BFiRGi~al \':Ith
feaar.cJ tetRa soe6ific i66ye eR ~""Rlch tho 10BBvist has beonoRaaGad talebbl,.t If no
comoensation has or will be oaid concernina the subiect lobbv services. a
statement shall nonetheless be filed reflectina as such.
BID NO: 32-00/01
DATE: 06112/02
CITY OF MIAMI BEACH
2S
Updated OrdinaDcn
(AddeD dum 14)
if .our'ffie~ii
The lobbyist ( principal) a continuing duty to supply
information and amend said reports when so needed.
~!Q1 The city clerk shall notify any lobbyist (or DrinciDat) 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.
~ ~ The city clerk shall notify the Miami-Dade County Commission on Ethics
and Public Trust of the failure of a lobbyist (or orinciDall to file a either of the reports
referenced above and or pay the assessed fines after notification.
{Eij ill A lobbyist (or Drincioal) 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: 32-00/01
DATE: 06112102
CITY OF MIAMI BEACH
26
. Updated Ordinances
(Addendum 14)
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.
ATI'EST:
liwM p~
CITY CLERK
(Requested by Commissioner Matti Bower and Co-sponsored by Commissioner Simon
Cruz, Jose Smith and Richard Steinberg)
~Janguagi reflects changes between first and second reading.
JKCNIw
F:ATTO'Dl.IJ\REs.oROl2-485.0RO.DOC
APPROVEDl>SlO
FORM&~
.. FOR EXEC\J1'IC)N
JAJ MQ1LJ./,fj.-l1V
~-- Dale
BID NO: 32-00/01
DATE: 06112/02
CITY OF MIAMI BEACH
27
Updated Ordinances
(Addendum 14)
C.O.D Order
T-SQUARE
ATIN:CARMEN DAVILA
FAX 305-324-8040
PHONE 305-3241234 EX. 320
CITY OF MIAMI BEACH
RFQ# 32-00/01
Authorized by : Roman Martinez
Fax: 305.324.8040
10 B&W DRAWINGS- 30 x42
1 Specifications Book
Price (Please select your order)
n
n
Price per SQ.Ff $ .12cnts full slzel balfsize $ 1.00 per 8m copy &.45 second copy Total
(MINIMUM ORDER FOR FREE DELIVERY $20.00 PER DELIVER)
COMPANY NAME: ORDER BY:
Bill to:
Credit Card #
COD T -Square Acct# 613204 Cash:
Vlsa:_ Amex:_Master:_ Otber:
Ex. date
In the name of:
Authorization signature
Sbip TO:
City
State
zip code
Pbone: _-_-_Fax:_ -_ -_ Contact name
Title
Received by:
shipped by: UPS #
FEDEX #
Received by:
shipped by: UPS #
FEDEX #
Next day air _ Next day air saver _Ground _Second day air AM
air
Second
Tbree day select Handling charge $
Order received by T -Square: Title:
ANY QUESTION AT T-SQUARE PLEASE CALL 305-324-1234
ASK FOR: Rusty James = VP Production
Don Walker = Production Department
Jesus Luya = Production Department
Veronica Lorza = Account Manager
Carmen Eleaa Davila = Sales Manager
Ext. 202
Ext. 224
Ext. 224
Ext. 230
Ext. 320
If you already have an account with T -Square please use your account
# to place the order.
Thank you for your business.
CITY OF MIAMI BEACH
1
Attachment 1 (Addendum 14)
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:\\ci.mIami-beach.ft.us
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
INVITATION TO BID NO. 32-00/01
ADDENDUM NO. 15
July 3,2002
Supply and InstaDadon of four (4) Cooling Towers at the Miami Beach Convendon Center
is amended as follows:
I. The Bid Opening date is changed from July 9,2002 to July 26, 2002 at 3:00 P.M.
Subsequent addenda will foDow.
Inasmuch as this change does not materially affect the bid document, proposers are not required to
acknowledge this addendum to be deemed responsive.
CITY OF MIAMI BEACH
;~../. ~--./
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I
Gus Lopez, CPPO
Procurement Director
rm
CITY OF MIAMI BEACH
1100 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:\\cl.miami-beach.n.us
PROCUREMENT DMSION
Telephone (305) 673.7490
Facsimile (305) 673-7851
INVITATION TO BID NO. 32-00/01
ADDENDUM NO. 16
July 23, 2002
Supply and Installation of four (4) Cooling Towers at the Miami Beach Convention Center
is amended as follows:
I. There are no more changes to the bid date, bid will close on Friday, July 26, 2002 at 3:00 PM.
II. Reminder:
The following is a list of documents that need to be submitted with your bid.
Original and One (1) Copy of entire submittal
Page 4 - Proposal Page 1 of 5
Page 5 - Proposal Page 2 of 5 (Use amended bid page from Addendum 14)
Page 6&7 - Proposal Page 3&4 of 5
Page 8 - Proposal Page 5 of 5
Pages 9-10 - Contractor's Questionnaire
Pages 11&12 - Customer Reference Listing (Use form amended on Addendum 14)
Page 25 - Insurance Checklist
Copies of GC licensing and Corporate Certificates
III.There is no Bid Guaranty (Bid Bond) required for this bid, however the successful bidder
will be required to provide Performance and Payment Bonds, each for 100% of the contract
amount.
Bidders are required to acknowledge this addendum on proposal page 6 (Proposal Page 3 of 5),
"Addendum Acknowledgement", or the bid may be considered non-responsive.
CITY OF MIAMI BEACH
,~,,"../'-,;;..,1
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Gus Lopez, CPPO
Procurement Director
rm
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
htlp:\\ci.miami-beach.n.us
PROCUREMENT DMSION
Telephone (305) 673-7490
Facsimile (305) 673-7851
INVITATION TO BID NO. 32-00/01
ADDENDUM NO. 17
July 23, 2002
Supply and Installation of four (4) Cooling Towers at the Miami Beach Convention Center
is amended as follows:
I. Bid opening date has been changed from July 26, 2002 to August 1, 2002 at 3:00 PM.
II. Amended bid form is attached. Alternate #1 has been added to the bid form for the
Replacement of the Condenser Water Pumps.
III. Clarify:
Under "Minimum Requirements" for this project.
Contractor must have the required license(s) to pull permit(s) and complete the entire
scope of the work.
Bidders are required to acknowledge this addendum on proposal page 6 (proposal Page 3 of 5),
"Addendum Acknowledgement", or the bid may be considered non-responsive.
CITY OF MIAMI BEACH
./"'';: J"'-::'-/
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{ ~.-
Gus Lopez, CPPO
Procurement Director
nn
BID No. 32-00/01
BID PROPOSAL FOR
SUPPLY AND INSTALLATION OF FOUR (4) COOLING TOWERS AT
THE MIAMI BEACH CONVENTION CENTER
PROPOSAL PAGE 2 OF 5
All bid items shall include costs for furnishing to the City all material, equipment, and supplies and
for all cost incurred in completing the work, including installation of all materials, equipment, and
supplies furnished, complete in place and ready for continued service, including all tie-in work and
testing, all other labor, permit fees, taxes, insurance, miscellaneous costs, overhead and profit.
The Contractor shall be Substantially Completed with the Work within one-hundred fifty (ISO)
calendar days after the date when the Contract Time commences to run, and completed and ready
for fmal payment within one-hundred eighty (180) calendar days after the date when the
Contract Time commences to run.
Provide all labor , equipment, material, and supervision necessary to perfonn the full extent of the
work as described herein:
Lump Sum:
$
Written Amount
Alternate #1
Replacement of Condenser Water Pumps. $
Written Amount
The followinll breakdown is for informational Durooses on/v.
Estimated Cost for Equipment and Parts:
Labor:
G&AlOverhead Profit:
FIRM'S NAME (print or Type):
SIGNATURE:
TITLEIPRINTED NAME:
ADDRESS:
TELEPHONE NUMBER:
FAX:
BID NO: 31-00/01
DATE: 07123/01
CITY OF MIAMI BEACH
5
Amended (Addendum 17)
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
htlp:\\cI.rniami-beach.lI.us
PROCUREMENT DIVISION
INVITATION TO BID NO. 32-00/01
Telephone (305) 673-7490
Facsimile (305) 673-7851
ADDENDUM NO. 18
July 29, 2002
Supply and InstaDation of four (4) Coonng Towers at the Miami Beach Convention Center
is amended as follows:
I. Bid opening date has been changed from August 1,2002 to August 16,2002 at 3:00 PM.
Subsequent Addenda will foDow.
Inasmuch as this change does not materially affect the bid document, proposers are not required to
acknowledge this addendum to be deemed responsive.
CITY OF MIAMI BEACH
?;:/~'
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Gus Lopez, CPPO
Procurement Director
nn
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:\\cl.miami-beach.n.us
PROCUREMENT DMSION
Telephone (305) 673-7490
Facsimile (305) 673-7851
INVITATION TO BID NO. 32-00/01
ADDENDUM NO. 19
August 7, 2002
Supply and InstaUation of four (4) Cooling Towers at the Miami Beach Convention Center
is amended as follows:
I. Temperature Controls will be performed under a separate contract to be negotiated
between the City of Miami BeachlSMG and Siemens Building Technologies, Inc. Landis
Division.
Revise: Plan Drawin2lSheet M-l- Automatic Temperature Controls
Note No.1 - Revise to read as fonows:
1. Automatic Temperature Controls (A TC) for the existing chiller plant are
Siemens Building Technologies, Inc. Landis Division. All A TC and control
wiring shan be performed under a separate contract to be negotiated between
the City of Miami Beach/SMG and Siemens Building Technologies.
Note No.4 - Revise to read as fonows:
4. The Contractor awarded this project shaD include aD necessarY coordination
with the automatic temperature control Contractor ("Siemens") and shaD
furnish and instaD all components and accessories (including VFD's) required
to complement the control system in order to achieve the specified sequence.
II. Attached to this Addendum are updated Wage Rates (July 26, 2002) for this project.
Bidders are required to acknowledge this addendum on proposal page 6 (proposal Page 3 of 5),
"Addendum Acknowledgement", or the bid may be considered non-responsive.
CITY OF MIAMI BEACH
.// #;;..7
,-:::....../ -~
~/~ //.J___
, "....-
l.
Gus Lopez, CPPO
Procurement Director
F:\PURC\SALL\Romao\Addaldwns\O I \32-00-0 I Adden 19.doc
WAGE RATES DETERMINATION
GENERAL DECISION FL020001 07/26/2002 FL1
Date: July 26, 2002
General Decision Number FL020001
Superseded General Decision No. FL010001
State: Florida
Construction Type:
BUILDING
County (ies) :
DADE
BUILDING CONSTRUCTION PROJECTS (does not include single
family homes and apartments up to and including four
(4) stories)
Modification Number
o
1
2
3
4
5
6
Publication Date
03/01/2002
03/29/2002
04/05/2002
05/10/2002
06/07/2002
07/05/2002
07/26/2002
COUNTY (ies) :
DADE
ASBE0060A 09/01/2001
Rates
Fringes
ASBESTOS WORKERS/HEAT AND FROST
INSULATORS
24.98
6.46
----------------------------------------------------------------
ELEC0349A 06/01/2002
Rates
Fringes
ELECTRICIANS (Including Fire Alarm
Installation) :
Electrical contracts including
materials that are less than
$2,000,000
20.50
4.30 + 8%
Electrical contracts including
materials that are over
$2,000,000
22.96
4.30 + 8%
----------------------------------------------------------------
ELEV0071A 11/01/2001
ELEVATOR MECHANICS
Rates
25.285
Fringes
7.455+A
Page 1
Updated (Addendum 19)
FOOTNOTE FOR ELEVATOR CONSTRUCTORS:
A: Employer contributes 8% basic hourly rate for 5 years
or more of service or 6% basic hourly rate for 6 months
to 5 years of service as Vacation Pay Credit; Paid
Holidays: New Year's Day; Memorial Day; Independence
Day; Thanksgiving Day; Christmas Day, plus the Friday
after Thanksgiving.
----------------------------------------------------------------
ENGI0487A 10/01/2001
Rates
Fringes
POWER EQUIPMENT OPERATORS:
Boom Truck Operator
Crane (Including Truck Crane)
Crane Oiler (Including Truck Crane)
Piledrivers
19.23
22.40
16.15
19.25
3.40
3.40
3.40
3.00
----------------------------------------------------------------
IRON0272B 04/01/2002
Rates
Fringes
IRONWORKERS:
Ornamental
Reinforcing
Structural
18.75
18.75
18.75
4.45
4.45
4.45
----------------------------------------------------------------
PLUM0519A 03/16/2002
PLUMBERS
Rates
21.57
Fringes
5.28
----------------------------------------------------------------
* PLUM0725A 07/16/2002
PIPEFITTERS (Including HVAC)
Rates
23.95
Fringes
6.50
----------------------------------------------------------------
* SFFL0821A 07/01/2002
SPRINKLER FITTERS
Rates
21. 20
Fringes
7.52
----------------------------------------------------------------
SHEE0032C 03/03/2002
Rates
Fringes
SHEET METAL WORKERS (Including
HVAC duct work)
22.40
6.36
----------------------------------------------------------------
SUFL1027A 03/04/1999
ACOUSTICAL TILE INSTALLER
BRICKLAYERS/BLOCKLAYERS
CARPENTERS (Including Drywall Hanging
and Batt Installation)
CARPET LAYERS
CEMENT MASONS/CONCRETE FINISHERS
DRYWALL FINISHERS
Rates
10.00
15.36
Fringes
0.62
12.90
14.25
14.50
12.50
2.40
3.15
Page 2
Updated (Addendum 19)
GLAZIERS 13.05 2.42
LABORERS:
Unskilled (Including Mason Tending) 8.70
Pipe layers 13.81
Plasterer Tenders 10.09
PAINTERS, BRUSH 9.61
PLASTERERS 15.05
POWER EQUIPMENT OPERATORS:
Backhoe 15.71 2.85
Bulldozer 14.58 2.85
Grader 15.93 2.85
Loader 15.04 2.85
Concrete Pump Operator 14.78
Roller 12.84 2.85
ROOFERS 9.99
TILE SETTER 12.50 0.87
TRUCK DRIVERS 10.95 1. 83
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing operation
to which welding is incidental.
=~==============================================================
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29 CFR 5.5 (a) (1) (ii)) .
----------------------------------------------------------------
In the listing above, the "SU" designation means that rates
listed under that identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a
position on a wage determination matter
* a conformance (additional classification and rate)
ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the Branch
of Construction Wage Determinations. Write to:
Page 3
Updated (Addendum 19)
Branch of Construction Wage Determinations
Wage and Hour Division
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage payment
data, project description, area practice material, etc.) that the
requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative Review
Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
Page 4
Updated (Addendum 19)
CITY OF
MIAMI
BEACH
CITY HALL '700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COM~It. 'ITY ECONOMIC DE\'El.OP\iEl'T DEPARTMEI'T
CO\'~It.NITY OEVEI OP\IENT &. H('._~!'(;
~1)5 {) 73. 7:w
ECOl'O~'I( OE\'ELOP\I~:-';:
305671.119;
May 31,2001 .
FAX
H)~ b 73- 777:
Gus Lopez, Procurement Director
SUBJECT: Project Name:
Project Location:
Wage Decision:
Publication Date:
Miami Beach Convention Center - Cooling Towers
Miami Beach, Miami-Dade County, FL
FL01 0001 Modification Number 3
5/25/01
Enclosed is the wage decision applicable to the subject City of Miami Beach prevailing wage project.
It must be incorporated into the contract documents and displayed at the job site. Wage
determination is applicable only to work performed at the construction site and is not applicable to
off site fabrication of cooling towers.
'Weekly payroll reports (WH347 or equivalent) are required to be submitted by the contractor and
subcontractors through the contractor certifying that all laborers and mechanics engaged in the
construction of the project, including those employed by subcontractors, have been paid no less than
the minimum wage rates as listed on the enclosed wage decision. Contact this office when you are
prepared to conduct a preconstruction conference.
Please contact me at least ten (10) days prior to bid opening to verify that this wage decision
is current prior to its use.
If you have any questions regarding this wage decision, do not hesitate to contact me at extension
6471.
Cordially,
~9~
(JjJm Quade,
Community Development Specialist
Community/Economic Development Department
c: Joanna Revelo, Community Development Director
W AIS DocumentRetrieval
Page 1 of ..:
GENERAL DECISION FLOIOOOl OS/25/01 FLl
General Decision Number FLOIOOOl
Superseded General Decision No. FLOOOOOl
State: I'lorida
Construction Type:
BUILDING
County(ies) :
DADB
BUILDING CONSTRUCTION PROJECTS (does not include single
family homes and apartments up to and including four
(4) stories)
Modification Number
o
1
2
3
publication Date
03/02/2001
03/09/2001
03/30/2001
OS/25/2001
COUNTY (ies) :
DADB
ASBE0060A 09/01/2000
Rates
Fringes
ASBESTOS WORKERS/HEAT AND FROST
INSULATORS
23.83
5.96
----------------------------------------------------------------
ELEC0349A 09/01/2000
Rates
Fringes
ELECTRICIANS (Including Fire Alarm
Installation) :
Electrical contracts including
materials that are less than
$2,000.000
19.90
3.90 + 3%
Electrical contracts including
materials that are over
$2.000,000
22.14
3.90 + n
----------------------------------------------------------------
ELEV0071A 11/01/2000
ELEVATOR MECHANICS
Rates
24.395
Fringes
7.085+10.
FOOTNOTE FOR ELEVATOR CONSTRUCTORS:
A: Employer contributes 8% basic hourly rate for 5 years
or more of service or 6% basic hourly rate for 6 months
to 5 years of service as Vacation Pay Credit; Paid
Holidays: New Year's Day; Memorial DaYi Independence
DaYi Thanksgiving Day; Christmas Day, plus the Friday
after Thanksgiving.
----------------------------------------------------------------
* ENGI0487A 04/01/2001
Rates
Fringes
POWER EQUIPMENT OPERATORS:
Boom Truck Operator
Crane (Including Truck Crane)
18.83
21. 90
3.40
3.40
http://neptune.fedworld.gov. . ./waisgate?waisdocid= 178043150+ 1 +O+O&waisaction=retriev 05/311200:
W AIS Document Retrieval
Page 2 of 4
Crane Oiler (Including Truck Crane) lS.S0
Piledrivers 19.25
3.40
3.00
----------------------------------------------------------------
IRON0272B 04/01/2000
Rates
Fringes
IRONWORKERS:
Ornamental
Reinforcing
Structural
16.S5
16.S5
16.85
3.65
3.65
3.65
----------------------------------------------------------------
PLUM0519A 03/16/2000
PLUMBERS
Rates
20.25
Fringes
4.60
----------------------------------------------------------------
PLUM072SA 01/16/2001
PIPEFITTERS (Including HVAC)
Rates
23.10
Fringes
5.90
----------------------------------------------------------------
SFFLOS21A 01/01/2001
SPRINKLER FITTERS
Rates
20.15
Fringes
6.17
----------------------------------------------------------------
SHEE0032C OS/13/2000
Rates
Fringes
SHEET METAL WORKERS (Including
HVAC duct work)
20.00
6.43
----------------------------------------------------------------
SUFL1027A 03/04/1999
ACOUSTICAL TILE INSTALLER
BRICKLAYERS/BLOCKLAYERS
CARPENTERS (Including Drywall Hanging
and Batt Installation)
CARPET LAYERS
CEMENT MASONS/CONCRETE FINISHERS
DRYWALL FINISHERS
GLAZIERS
LABORERS:
Unskilled (Including Mason Tending)
pipelayers
Plasterer Tenders
PAINTERS, BRUSH
PLASTERERS
POWER EQUIPMENT OPERATORS:
Backhoe
Bulldozer
Grader
Loader
Concrete Pump Operator
Roller
ROOFERS
TILE SETTER
TRUCK DRIVERS
Rates
10.00
15.36
Fringes
0.62
12.90
14.25
14.50
12.50
13.05
2.40
3.15
2.42
8.70
13 .81
10.09
9.61
15.05
15.71
14.58
15.93
15.04
14.78
12.84
9.99
12.50
10.95
2.85
2.S5
2.S5
2.85
2.85
0.87
1. 83
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing operation
to which welding is incidental.
=====-;=-=======================================================
http://neptune.fedworld.gov .. .Iwaisgate?waisdocid= 178043150+ 1 +O+O&waisaction=retriev 05/31/2001
W AIS Document Retrieval
Page 3 of 4
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
( 2 9 CFR S. 5 (a) (1) (v) ) .
----------------------------------------------------------------
In the listing above, the "SU" designation means that rates
listed under that identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a
position on a wage determination matter
* a conformance (additional classification and rate)
ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the Branch
of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage payment
data, project description, area practice material, etc.) that the
requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative Review
Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
htto://neotunc.fedworld.gov...Iwaisgate?waisdocid=178043150+ 1 +O+O&waisaction=retricv 05/31/2001
WAIS Document Retrieval
Page 4 of 4
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
http://neptune.fedworld.gov.. ./waisgate?waisdocid= 178043150+ 1 +O+O&waisaction=retriev 05/3112001
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
PROCUREMENT DIVISION
CITY OF MIAMI BEACH
INVITATION TO BID NO. 32-00/01
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, Wltil3:00 pm. on the 26th day of JWle, 2001 for.
SUPPLY AND INSTALLATION OF FOUR (4) COOLING TOWERS AT THE
MIAMI BEACH CONVENTION CENTER
Scope of Work: The work specified in this bid consists offumishing all labor, machinery, tools, means of
transportation, supplies, equipment, materials, services necessary for the supply and installation of four (4)
complete cooling towers and support frames which will service the Miami Beach Convention Center and
The Jackie Gleason Theater of the Perfonning Arts.
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 Wlopened. 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 Non-Mandatory Pre-Bid Conference/Site Inspection has been scheduled for 11 :00 a.m. on June 12,
2001, at the Miami Beach Convention Center, 4th Floor Executive Office, located at 1901 Convention
Center Drive, Miami Beach, FL 33139. Although this pre-bid conference is non mandatory it is highly
encouraged for contractors to attend this meeting to have a complete understanding of the scope of work.
A Bid Bond of five (5%) percent of the bid amoWlt will be required. The successful bidder will be required
to furnish Perfonnance and Payment Bonds, each in the amoWlt of one-hundred (100%) percent of the
annual contract amount.
Package request forms are available by calling City of Miami Beach Procurement Division's
DemandStar.com system at 1 (800) 711-1712 and requesting Docmnent #323. Please be advised that this
bid does not have accompanying plans.
Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing by mail or
facsimile to the Procmement 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 seven (7) 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. NO
QUESTIONS WILL BE RECENED VERBALLY OR AFTER SAID DEADLINE.
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.
CITY OF MIAMI BEACH
YOU ARE HEREBY ADVISED THAT TIDS INVITATION TO BID IS SUBJECT TO THE
"CONE OF SILENCE, " IN ACCORDANCE WITH ORDINANCE 99-3164. A COPY OF ALL
WRITTEN COMMUNICA TION(S) REGARDING TIDS BID MUST BE FILED WITH THE
CITY CLERK.
YOU ARE HEREBY ADVISED THAT TIDS INVITATION TO BID IS SUBJECT TO THE
"CODE OF BUSINESS ETIDCS", ("CODE") IN ACCORDANCE WITH RESOLUTION NO.
2000-23879.
YOU ARE HEREBY ADVISED THAT TIDS INVITATION TO BID IS SUBJECT TO THE
CITY OF MIAMI BEACH DEBARMENT ORDINANCE NO. 2000-3234.
./? ~?
.c. .,.,/ -~
;',;~ .,/
/.. ./'....,-- -
I. ....
Gus Lopez, CPPO
Procurement Director
BID No. 32-00/01
BID PROPOSAL FOR
SUPPLY AND INSTALLATION OF FOUR (4) COOLING TOWERS AT THE
MIAMI BEACH CONVENTION CENTER
PROPOSAL PAGE 1 OF 5
PROPOSAL OF
Weatbertrol Maintenance Corp.
(Name)
72~O NF. 4~h Avp-_, M;am;, FL 33138
(Address)
(FOR)
Constructing the improvements designated and descnbed in the attached Notice to Contractors, and which
said Improvements are designated as the SUPPLY AND INSTALLATION OF FOUR (4) COOLING
TOWERS AT THE MIAMI BEACH CONVENTION CENTER and more particularly set forth
herein..
SUBMIITED . Aug. 16
20~
TO MAYOR AND CITY COMMISSION OF MIA.\ll BEACH, FLORIDA:
We the undersigned, hereby declare that no person or persons, firm or corporation other than the
t.mdeIsigned, are interested in this Proposal, as principals, and that this Proposal is made without collusion
with any person, finD. or corporation, and we have carefully and to our full satisfaction examined the
attached Notice to Contractors, General Provisions, Specifications for Materials and Construction
Methods, Supplementary Conditions, and fonn of Contract and Bond, together wit.'! the accompanying
Plans, and that we have made a full examination of the location of the proposed Work and the sources of
supply and materials, and we hereby agree to finnish all implements, machinery, equipment, trnnspoI1ation,
tools, materials, supplies, labor, and other things necessary to the prosecution and completion of the work,
fully understanding that the quantities shown in the Notice to Contractors and Proposal are approximate
only, and that we will fully complete all necessary work in accordance with the Plans and the attached
Specifications, and the requirements under them of the Engineer within the time limit specified in this
Proposal for the following unit prices to-wit
BID NO: 32-00/01
DATE: 06/01/01
COY OF MIAMI BEACH
4
BID No. 32-00/01
BID PROPOSAL FOR
SUPPLY AND INSTALLATION OF FOUR (4) COOLING TOWERS AT
THE MIAMI BEACH CONVENTION CENTER
PROPOSAL PAGE 2 OF 5
All bid items shall include costs for furnishing to the City all material, equipment, and supplies and.
for all cost incurred in completing the work, including installation of all materials, equipment, and
supplies furnished., complete in place and ready for continued service, including all tie-in work and
testing, all other labor, permit fees, taxes, insurance, miscellaneous costs, overhead and profit.
The Contractor shall be Substantially Completed with the Work within one-hundred futy (150)
calendar days after the date when the Contract Time commences to run, and completed and ready
for final payment within one-hundred eighty (180) calendar days after the date when the
Contract Time commences to run.
Provide all labor, equipment, material, and supervision necessary to perform the full extent of the
work as described herein:
Lump Sum: $ Ig~ IJ()IJ. O~
Gi&liIIIVIJ~UC 1)11.I&r~ nuE !Ho{/.sJU.fJ 4~~~!.
Written Amount
(Alternate #1
Replacement of Condenser 'Vater Pumps. $ 52" OCt? '"
- {tP, Y TWO 77.IIJUL~r~j) t o. fICO
Written Amount
The fo/loJVim! breakdown if for informational purpO.fes onlv.
Estimated Cost for Equipment and Parts: f 64() ~ S2J(). eJt:J
Labor:
I / ~~-; (JPt) . (7(")
G&AJOverhead Profit:
89:J SiJ t1. /Jt)
FIR,.~'S NA;~IE (prillt or ~,~ Wp"t- h PTt-ora 1 M" i "10"""0""
SIGNA TURE: T-
TITLE/PRINTED NAME: Carlos Borja / Secretary
Corp_
ADDRESS: 7250 HE 4th Ave.. Miami.
TELEPHONE ~UMBER: 305-908-1000
FL 33138
FAu~: 305-908-1039
/
BID NO: 32~0/01
DATE: 07/23/02
CITY OF ~nAi,," BEACH
5
Amended (Addendum 17)
BID No. 19-00/01
BID PROPOSAL FOR
SUPPLY AND INSTALLATION OF FOUR (4) COOLING TOWERS AT THE
l\fiAMI BEACH CONVENTION CENTER
PROPOSAL PAGE 3 OF 5
ADDENDUM
No.
ADDENDUM ACKNOWLEDGMENT
DATED SIGNATURE OF PERSON SIGNING BID
No.
SEE ATTACHED SHEET 6A
No.
SEE ATTACHED SHEET 6A
Bidder accepts all of the tenDs and cmditions of the Bidding Docm:nents, including without limitation those
dealing with the disposition of the Proposal Guaranty.
In submitting this Proposal, Bidder makes all representations required by the Instructions to Bidders and
finther warrants and represents that:
a. Bidder bas examined copies of all the Bidding Documents, the Notice to Contractors, the Proposal
Requirements and Conditions, and the following Addenda (receipt of all which is hereby
acknowledged):
b. Bidder has fiuniliarized itself with the nature and extent of the Contract Documents, Work Site,
Locality, and all Local Conditions and Laws and Regulations that in any manner may affect cost,
progress, perfonnance, or furnishing of the Work.
c. Bidder bas studied carefully all reports and drawings of subsurface conditions and drawings of
physical conditions which are identified in the Supplementary Conditions as provided in Paragraph
42 of the General Conditions, and accepts the determination set forth in Paragraph SC-4.2 of the
Supplementary Conditions of the extent of the technical data contained in such reports and
drawings upon which Bidder is entitled to rely.
d. B~~~andcare~~ed~~~~~~o~andcare~
studying) all such examinations, investigations, explomtions, tests and studies (in addition to or to
supplement those referred to in (b) above) which pertain to the subsurface or physical conditions
at the site or otherwise may affect the cost, progress, perfonnance or finnishing of the Work at the
Contract Price, within the Contract Time and in accordance with the other terms and conditions of
the Contract Documents, including specifically the provisions of Paragraph 42 of the General
Conditions; and no additional ent111nations, investigations, explorations, tests, reports or similar
information or data are or will be required by Bidder for such pmposes.
BID NO: 31-00/01
DATE: 06/01/01
CITY OF MIAMI BEACH
6
PAGE 6A
ADDENDUMACKNO~DGEMENT
ADDENDUM #
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
DATE
6/18/01
6/21/01
6126/01
7/18/01
8/16/01
9/10/01
10/12/01
11/19/01
4
1/28/02
3/21/02
4/15/02
5/23/02
6/13/02
713/02
7/23/02
7/23/02
7/29/02
an /02
BID No. 29-00/01
BID PROPOSAL FOR
SUPPLY AND INSTALLATION OF FOUR (4) COOLING TOWERS AT THE
MIAMI BEACH CONVENTION CENTER
PAGE40F5
e. Bidder has reviewed and checked all infonnation and data shown or indicated in the Contract
Documents with respect to existing Underground Facilities at or contiguous to the site and assumes
responsibility for the accurate location of said Underground Facilities. No additional examinations,
investigations, explorations, tests, reports or similar information or data in respect of said
Underground Facilities are or will be required by Bidder in order to perfonn and finnish the Work
at the Contract Price, within the Contract Time and in accordance with the other tenns and
conditions of the Contract Docmnents, including specifically the provisions of Paragraph 4.3 of the
General Conditions.
f Bidder has correlated the results of all such observations, examinations, investigations, explorations,
tests, reports and studies with the temlS and conditions of the Contract Documents.
g. Bidder has given the City written notice of all conflicts, errors or discrepmcies that it has discovered
in the Contract Documents and the written resolution thereof by City is acceptable to Bidder.
FIRM'S NAME (Print or Type): Weathertro1 Maintenance Corp_
SIGNATURE: of-
TITLElPRINTEDNAME: Carlos Borja / Secretary
ADDRESS: 7250 NE 4th Ave_. Miami. FL 33138
TELEPHONE NUMBER: 30S-QOR-l non
FAX: lOIl-qOR-10lq
BID NO: 3Z-OO/01
DATE: 06/01/01
crIY OF MIAMI BEACH
7
BID No. 29-00/01
BID PROPOSAL FOR
SUPPLY AND INSTALLATION OF FOUR (4) COOLING TOWERS AT THE
MIAMI BEACH CONVENTION CENTER
PROPOSAL PAGE 5 OF 5
The Wldersigned further agrees to perform all necessary "Extra Work", as provided for in the General and
Supplementary Provisions and to execute the attached Contract within ten (10) calendar days after the date
on which the Notice of Award has been given. The mdersigned further agrees to commence work mder
this Contract within seven (7) days following the date indicated on the Notice to Proceed by the City and
to Substantially Complete the Work and to fully and Finally Complete the Work with the Contract Time
period as stipulated in the Agreement. The mdersigned further agrees to pay as liquidated damages for
each consecutive calendar day that passes after the Contract Substantial Completion date that the Work
is not substantially completed, and for each consecutive calendar day that passes after the Contract Final
Completion date that the Work is not completed and ready for final payment, the amomts of liquidated
damages being as stipulated in the Agreement. The Wldersigned further agrees tofumish sufficient and
satisfactory bond in the swn of not less than (100010) one-hWldred percent of the contract price of the work.
The Wldersigned further agrees to bear full cost of maintaining all work mtil the final acceptance, as
provided in the General Provisions.
Accompanying this Proposal is a Bid Bond made payable to the City of Miami Beach, Florida in the swn
of
Dollars $
Bid Bond is to be forfeited as liquidated damages if, in case this Proposal is accepted, the Wldersigned shall
fail to execute the attached Contract mder the conditions of this Proposal; otherwise, said Bid Bond is to
be returned to the undersigned upon the delivery of Satisfactory Bond.
Signature & Title
Address
Telephone Nwnber
BID NO: 32-00/01
DATE: 06/01101
CfIY OF MIAMI BEACH
8
CONTRACTOR'S QUESTIONNAIRE
NOTE:
Information suppUed In response to this questionnaire is subject to verification.
Inaccurate or Incomplete answers may be grounds for disqualification from award
of this bid.
Submitted to The Mayor and City Commission of the City of Miami Beach., Amida:
By W~ath~rtro] Maint~nanc~ Corp_
Principal Office 1250 HE 4th Ave., Miami, FL 33138
How many years has YOW" organization been in business as a General Contractor tmder your present
business name? 34 yrs .
Does your OlfiIni71ttion have current occupational licenses entitling it to do the work contemplated in this
Contract? yes
State of Florida occupational license - state type and number: CMC 008210
Dad~ County certificate of competency - state type and number: oj a
City of Miami Beach occupational license - state type and number: n / ~
Include copies of above licenses and certificates with proposal.
How many years experience in similar work has yoW" organi7;:!t10n had?
(A) As a General Contractor
(B) As a Sub-Contractor
(C) What contracts bas yoW" organization completed?
34
Contract Amt Class of Work When Completed Name/Address of Owner
SEE ATTACHED
Have you ever bad a contract terminated (as prime contractor or sub-<:ontractor, under existing company
name or another company name) due to failme to comply with contractual
specificalions? NO
If so, where and why?
Has any officer or partner ofyoW" o~ni71ttion ever failed to complete a construction contract handled in
his own name? NO
BID NO: 32-00101
DATE: 06/01101
COY OF MlA.W BEACH
9
If so, state name of individual, name of owner, and reason thereof
In what other lines ofbusiness are you financially interested or engaged? none
Give references as to experience, ability, and financial standing
SEE ATTAeBED
What equipment do you own that is available for the proposed worlc and where located?
All Uxcept crane
What Bank or Banks have you ananged to do business with during the ~ of the Contract should it be
awarded to you? No f inancinq required.
Transatlantic Bank. Julia Riesqo 305-231-0200
Please list the names and addresses of the subcontractors to be used for the portions of the worlc listed
below.
f)/LEMA tCt!~.
-5;RI./c..rvR A--t. <;. (Fe L- ( J ,;(': t: ~ 7 S;- ~ :'..)- ,;-' .3 r .
l:' - 1 "j'A.' -.. ., - L _ :...' 0
l ~ ~ ~ t:::""""",,,, ,- ~ .: .I J,.
;LCkIDA ELc:Crt/tAl
ELEcr~ I('~ L.
vvi t/ j..) C; \ 1.:H21 ..:) tV 1t.."4 ~T
;: !-1i~Ml FL
\ 713,;., 24-2. 6781
~',,;, i.,.3C'5) 59L- S3.35
L
'-.. :;:Jcc;..iW &-]4 .(ll,'c-
'" it:- '"
~iAfvJJ/ FL
C~Cf:>) 5'-)/- 'h. 7.r
,..." LJ RIo N (20" F I"; c.
KOt.";: f'~TCI-I
k~:; RJ>. tJ
r/~G SPR.1N~LE-~
I HEREBY CERTIFY that the above answers are true and correct.
0(-"
(SEAL)
(SEAL)
BID NO: 31-00/01
DATE: 06101101
COY OF MIAMI BEACH
10
RlIdo /fY MartI
Contract:
Scope of Work:
Owner:
General Contractor:
Completion Date:
weqt~~~~r9l ~
SAMPLE PROJECTS
$508,000
Subcontractor for installation of 160 ton air cooled chiller, 4 air handling
units, associated pumps and piping, ductwork, insulation, and controls
KenMort Properties
Waas-Phillips-Adler, Attn: Moises Bichachi (305) 392-4150
5/99
Florida International Unlverlsty, 1250 Ton Chiller Replacement North Campus
Contract: $465,000
Scope of Work: Install new 1250 ton chiller complete with all electrical, piping, pumps,
hydronics, insulation, ASHRAE 15-1994 compliance, & exhaust system
Florida Intemational University; Mr. Enrique Fernandez, (305) 346-2327
N/A Prime Contract
9/99
Owner:
General Contractor:
Completion Date:
Jackson Memorial Hospital, Parle Plaza West Chill Water Loop Extension
Contract: $400,000
Scope of Work: Installation of 1500 feet of 20" underground chill water pipe.
Owner: Public Health Trust
General Contractor: TGSV Enterprises, Altn: Roy Rodriguez (305) 823-5755
Completion Date: 2/00
Dade County Youth Fair & Exposition, 3/00
Contract: $1,350,000
Scope of Work: Subcontractor to install new 250 ton chiller, 250 ton cooling tower, air
handling units, ductwork, piping, insulation, and DOC controls
Dade County Youth Fair & Exposition
Attn: Mr. Allen Farrington (305) 223-7060
N/A Prime Contract
3/00
Owner:
General Contractor:
Completion Date:
CIty of Hollywood, City Hall
Contract: $245,000
Scope of Work: Replacement of 250 ton chiller, pumps, and piping
Owner: City of Hollywood, Attn: Mr. Les Petit, (954) 921-3900
General Contractor: N/A, Prime Contract
Completion Date 3/01
United Teachers of Dade Headquarters
Contract: $780,000
Scope of Work: Installation of 400 tons chill water HVAC system; complete with ductwork
controls, insulation, and piping
Owner:
General Contractor:
Completion Date
United Teachers of Dade
Sunset Development, Attn:Mr. John Therasse (305) 572-9196
9/01
Blue Dolphin Studos
Contract: $798,000
Scope of Work: Installation of 365 tons chill water HV AC system complete with ductwork,
pumps, piping, controls, and insulation
Christina Productions
Adler Group Construction, Attn: Mr Moises Bichachi (305) 392-4108
3101
Owner:
General Contractor:
Completion Date:
Opa Loclra Regional SetYlce Cenfer
Contract: $785,000
Scope of Work: Installation of 4 - 40 ton OX systems with duct, controls, and insulation
Owner: State of Florida Department of Management Services
General Contractor: Walbridge Aldinger, Attn: Mr. Scott Mosely (305) 685-2450
Completion Date: 7/00
F.A.U. Humanities Building, Phase II
Contract: $1,363,000
Scope of Work: Subcontractor for retrofit of complete hot water, chill water piping
systems, ductwork, controls and 14 AHU's
Florida Atlantic University
Dooley & Mack Constructors, Inc., Attn: Sal Picataggio 561-620-0556
7/00
Owner:
General Contractor:
Completion Date:
Gusman Center for the Performing Arts
Contract: $1,200,000
Scope of Work: Renovation of HVAC systems, duct cleaning, DDC Controls retrofit, and
ductwork retrofit
City of Miami, Department of Offstreet Par1ting
R.J. Heisenbottle Architects, Altn: Mr. Clyde Toland, (305) 444-7799
95%
1/01
Owner:
General Contractor:
% Complete:
Completion Date
JacJcson Memorial Hospital, 2000 Ton Chiller & Cooling Tower
Contract: $1,461,300
Scope of Work: Installation of 2000 ton chiller, cooling tower, 6 vertical turbine pumps,
piping, insulation and ddc controls
Jackson Memorial Hospital, Attn: Mr. Richard Polemeni (305) 585-1302
N/A, Prime Contract
97%
1/02
Owner:
General Contractor:
% Complete:
Completion Date
VIlla RegIna CondomInium, Cooling Tower Replacement
Contract: $760,000
Scope of Work: Installation of 2 - 700 ton cooling towers and 2 -100 ton 100% make up
air units for 35 story condominium.
Villa Regina Condo Association, Attn: Mr. Joe Rodriguez (305) 594-6996
N/A; Prime Contractor
95%
12/01
Owner:
General Contractor:
% Complete:
Completion Date
F.D.LE. Reglonlll Openlting Facility
Contract: $894,000
SCope of Work: Installation of 400 tons chill water HVAC system; complete with ductwork
controls, insulation, and piping
State of Florida, Department of Management Services
Centex Rooney Construction, Attn: Mr. Paul Morrow, (305) 718-4225
95%
1102
Owner:
General Contractor:
% Complete:
Completion Oate
JacIcson Memorllll Hospital, Radiology DTC - 2nd Floor
Contract: $285,000.00
Scope of Work: Renovation of existing interior space for HVAC
Owner: Jackson Memorial Hospital, Attn: Mr. Richard Polemeni (305) 585-1302
General Contractor: Modular Contractors, Shaun Nowrouzi (305) 592-2884
% Complete: 25%
Completion Date 3102
Justice Building, SaInt Croix
Contract: $567,000
Scope of Work: HV AC retrofit
Owner: General Services Administration, US Govemment
Completed Date 12/01
Federal Detention Center - Guaynabo, Puerto Rico
Contract: $653,000
Scope of Work: Addition to existing systems
Owner: US Department of Justice
Completed Date 07/01
REFERENCES
I. BANK REFERENCES
Transatlantic National Bank
Hialeah, FL 331
1. Ms. Julia Riesgo
(305) 231-0173
CONTRACTORS
Centex Rooney Construction
Paul Morrow
6100 Blue Lagoon Drive
Miami, FI 33166
(305) 265-1225
II. TRADE REFERENCES
L. Milton Construction, Lazaro Milton
2700 SW 23 Terrace
Miami, FL 33145
(305) 444-8326
Arellano Construction, Carlos Mena
7255 NW 19th Street, Suite B
Miami, FL 33126
(305) 994-9901
Keystone Construction
Rene Diaz de Villegas
7240 N.W. 12th Street
Miami, FL 33126
(305)
C.G. Chase Construction
8491 N.W. 17 Street, Suite 101
Miami, FL 33126
(305) 599-8700
Cordis Corporation
Silvio Olivera/AI Paruas
14201 N.W. 60th Avenue
Miami Lakes, FL (305) 824-2338
Turner Construction, Charles Raymond
2500 S.W. 3 Avenue
Miami, FL 33129
(305) 860-8000
B. O~ERS/ARCmTECTS/ENGINEERS
Mr. Wayne Hansen
Army & Air Force Exchange Service
BX-Mart, Homestead Air Reserve Base
Homestead, FL 33092
(305) 258-3881
FIRC, Alex Fraga
2299 Douglas Rd
Miami, FL 33145
(305) 443-2508
Mr. Oscar Villaverde
Jackson Memorial Hospital
1611 N.W. 12 Avenue
Miami, FL
(334) 585-1302
Mr. Allen Farrington
Dade County Youth Fair & Exposition Inc.
10901 S.W. 24th Street
Miami, FL
(305) 223-7060
Mr. James Crisp
Army and Air Force Exchange Service
P.O. Box 660320 (F8-0)
Dallas, TX 75266
(214) 277-7719
L1VS Associates,
Attn: Mr. Hector Vergara
151 Majorca Avenue, Suite A
Coral Gables, FL 33134
(305) 443-2933
C. SUPPUERS
The Trane Company, Miami
Hughes Supply, Miami
Gemaire, Miami
York Intemational
Arthur Camp
O'Brien Kreitzberg
1400 Lee Wagner Blvd.
Fort Lauderdale, FL
(954) 359-6255
Andrew Kee
Fred Ferrer
Julio Paniagua
Jesus Carmenate
(305) 592-0672
(305) 477-3045
(305) 592-2915
(305) 970-9675
SUPPLY AND INST ALLA TION OF FOUR (4) COOL~G TOWERS AT
THE M.IAMI BEACH CONVENTION CEl'TER
CUSTOMER REFERENCE LISTING
2)
Prospective Bidder (General Contractor and/or Subcontractors) must ha...e a minimum of ~ years
experience in the supply and installation of Cooling Towers and at least four (4) separate Cooling
Tower replacement projects of two-hundred fifty thousand ($250,000.00) dollars or higher in
construction work.. The 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 the supply and installation of Cooling Towers.
I) Company Name JaN/AlAi. 3 ,crLAv/JCUJ4t.e AIJ1R'J~r'
O'BIl/€AI- K.tEITZ8Efld, rAte.
Address /4fJo LEE WA~EIl. BLVD, ff UilJJE2D4 '-€, H.. - 3~.!J/G
Contact Person/Contract Amount A~TlllIll.. W CA#fP /, ~02 J 72-G
Telephone Number (~f.)!JS9 lo~ Fax No. (%4) 35'9 /o~ .
BtPWAeD CuIlN", Mm.vr;tW'/~/2.tc~J7.?~ h/e/uP? J/J.tW./6Ge .
PVe.L/C JI/p,fKS LJ/II/51t?N .'
//5 S ;#J/PlltFIYS A VEl RetJ,-j 7J4 , r;- L4l.1dc~4tE .
Company Name
Address
Contact Person/Contract Amount S71:,P/lGAI J. !/R8M/GK / '1 ~~, ~~
.
Telephone Number (f/5'4) 357 B4Se Fax No. (:JS4)357 ~~ .
3)
Company Name
J/E17ldPt:J~ rAN IJerevnfJ~ ~.
GVA'1.vA~", ~ ~
Address
Contact Person/Contract Amount Jl6Itt~7?J ~~. / 12B3/ $95 .
I
Telephone Number (7fJ7) 775 7f1.!JS Fax No. (797) 775 7.fN~.
4)
Company Name
bAD/: CPt/4/n? ,,/pt/rH .&:.4/( ~ e-~ T/c,t).
Address
/tJ90/ co/lAl, IYAIf, SflAM// ~ 33/~
Contact Person/Contract Amount Au.EA/ HRqhfl~7*tJA/ /-1 .!164, es/
,
Telephone Number (~~~!J 7d~ Fax No. (..w;,sJ 5S4- ~.9~.
BID NO: 32-ootOl
DATE: 06101101
CITY OF MIAMI BEACH
11
Ameaded (Addendum 14)
S)
Company Name
I'P8U& 1/6IIlTN J4usr
.IAcKSO,y AleMP~/ At. l14Sflr,,~,
Address
Contact Person/Contract Amount tJxAL ~LI.A"UIJG /1 4 ~~5; /X)t:).
Telephone Number (6tJ6J 054 /S'8/ Fax No.
6)
Company Name
JQa4. &/-1/,4 &N~. ~.4r~~.
15'8/ 84/C/('EU AtE .#JAM/, ;:;',3.3/~9.
Address
Contact Person/Contract Amount .lose O/4z. / ~ ~,g... p~.
Telephone Number (3"5) e~4 /58/ Fax No.
7)
Company Name
v~ ~rop;&:/ce@66We~(.. .wA/~ ~At;/u7'l
~~&t!J NUl 7~ Ave, AIIAH/, n U15~
Address
Contact Person/Contract Amount 41.t1~/tJfAl JYpAl'i - HI; nM6itL,/ -I 9S// /1,
Telephone Number (9()J) 747 7"90 Fa.x No.
8)
Company Name
rea!!a~ t1~;:'/a:- ~
Address C/lR/$T/A A!.56// I sr C.eot'X I tiS 1/ I
Contact PersoniContract Amount ~.e€A/4 C/ltIz. /;1 /9/, ~
Telephone Number
(787) 766 ~.Fa.xNo.
.
BID NO: 32-00/01
DATE: 06/01/01
CITY OF MIAMI BEACH
12
AmeDded (AddeDdum 14)
AGREEMENT
THIS AGREEMENT made this September, 11 of 2002, A.D. between the CITY OF MIAMI
BEACH, a Florida municipal corporation, hereinafter called the City, which term shall include its
successors and assigns, party of the one part, and
WEATHERTROL MAINTENANCE CORP.
hereinafter called the Contractor, which term shall include its heirs, successors and assigns, party of
the other part.
WITNESSETH that the said Contractor for the consideration and compensation herein agreed to be
paid and the said City in consideration of the construction of improvements to be done by said
Contractor and designated" SUPPLY AND INSTALLATION OF FOUR (4) COOLING
TOWERS AT THE MIAMI BEACH CONVENTION CENTER" by said City, do hereby
mutually agree as follows:
1. This Agreement shall extend to and be obligatory upon said City, its successors and assigns,
and upon said Contractor and its heirs, successors and assigns. Neither this Agreement nor
any part thereof nor any part of the Work herein contemplated, shall be assigned or sublet,
nor shall any sums of money provided to be paid to said Contractor be assigned by said
Contractor to anyone without the consent of the City Commission of said City evidenced by
its resolution.
2. The foregoing pages of this booklet, including the Notice to Contractors, the Proposal, and
the Contract Documents and such alterations as may be made in said Plans and
Specifications as therein provided for, are hereby referred to and made a part of this
Agreement and the terms and conditions set forth therein, except when in direct conflict with
this written Contract, are as much a part hereof as if copied herein. If conflicts exist between
them and this written instrument, only that part of the matter in direct conflict herewith shall
not be construed to be a part hereof.
3. The Contractor shall commence work within seven (7) days of the Notice to Proceed and
shall construct and complete in a good and workmanlike manner the materials herein referred
to, strictly in accord herewith the following:
3.1 The Contractor shall be Substantially Completed with the Work within one-
hundred fifty (150) calendar days after the date when the Contract Time
commences to run as provided in paragraph 2.3 of the General Conditions, and
completed and ready for final payment in accordance with paragraph 14.13 of the
General Conditions within one-hundred eighty (180) calendar days after the date
when the Contract Time commences to run.
BID NO: 32-00/01
DATE: 06101101
CITY OF MIAMI BEACH
13
3.2 Damages - City and Contractor recognize that the City will suffer direct financial loss
if Work is not completed within the Contract times specified in paragraph 3.1 above
(or alternate bid item No.1, if awarded by City) plus any extensions thereof allowed
in accordance with Article 12 of the General Conditions. They also recognize the
delays, expense and difficulties involved in proving in a legal or arbitration
proceeding the actual loss suffered by Owner if the Work is not completed on time,
and therefore time is of the essence. Accordingly, instead of requiring any such proof
Contractor agrees to forfeit and pay Owner as liquidated damages for delay (but
not as a penalty) the amount of Three Hundred Dollars ($300.00) for each
calendar day that expires after the Contract Time specified in paragraph 3.1 for
Substantial Completion until the Work is substantially complete. After
Substantial Completion if Contractor shall neglect, refuse, or fail to complete the
remaining Work within the Contract Time, Contractor shall pay Owner Three
Hundred Dollars ($300.00) for each calendar day that expires after the time
specified in Paragraph 3.1 for completion and readiness for final payment.
These amounts represent a reasonable estimate of Owner's expenses for extended
delays and for inspection, engineering services and administrative costs associated
with such delay.
4. In such construction said Contractor shall furnish all implements, machinery, equipment,
transportation, tools, materials, supplies labor, and other things necessary to the execution
and completion of the Work, nothing being required of the City except that it may, at its
expense, supervise such construction and enter upon and inspect the same at all reasonable
times.
5. If any dispute arises between the City and said Contractor with reference to the meaning or
requirements of any part of this Contract and they cannot agree, the more stringent
requirements shall govern as determined by the City.
6. If the Contractor shall complete the construction herein contemplated in a good and
workmanlike manner within the time herein specified and in accord herewith, the said City
shall pay to the Contractor the contract sum in accordance with the Conditions of the
Contract. The City, by allowing Contractor to continue with said construction after the time
for its completion herein before stated shall not deprive City of the right to exercise any
option in this Agreement contained nor shall it operate to alter any other term of this
Agreement.
7. The Contractor shall file with the Procurement Director of said City of Miami Beach a
Performance and Labor and Material Payment Bond, each in the amount of 100 percent of
Contract Amount, in the form as set forth herein or as otherwise approved by the City of
Miami Beach City Attorney and shall be executed by said Contractor and Surety Agent
authorized to do business in the State
of Florida.
BID NO: 32-00/01
DATE: 06101/01
CITY OF MIAMI BEACH
14
8. The Contractor shall file Insurance Certificates, as required, and they must be signed by a
Registered Insurance Agent licensed in the State of Florida and approved by the City of
Miami Beach Risk Manager.
9. All documents shall be executed satisfactorily to said City and until Bonds and Insurance
Certificates have been filed and approved. this Contract Agreement shall not be effective.
10. Owner shall pay Contractor for performance of the Work in accordance with the Contract
Documents in current funds at the lump sum or unit prices presented in the Bid Proposal.
attached to this Agreement. The parties expressly agree that the Contract Price is a stipulated
sum except with regard to the items in the Bid which are subject to unit prices.
Contract Price:
5947.000.00
11. The Contract Documents which comprise the entire Agreement between City and Contractor
are attached to this Agreement and made a part hereof.
The Contract Documents may only be amended. modified or supplemented as provided in the
General Conditions.
IN WITNESS WHEREOF the said City has caused this Agreement to be signed by the Mayor of
the City of Miami Beach. Florida and its corporate seal to be affixed. attested by the City Clerk of the
City of Miami Beach and the said Contractor has caused this Agreement to be signed it its name.
f!e;;(Z(?
\'fE:~ T U E:.~ T(lDL fJl /.1- , ~ r~~. (SE:U)
Contractor
JrZ ~~t 17~,.>J
Title
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
....;!1;,},:
ATTEST:
-~tP~
City Clerk
:1, _ '1r&~7/
--rim NO: 32-00/0111\ \) CITY OF MIAMI BEACH
DATE: 06101101 15
.
BOND NO. S-9011911
P&RFORMANCE BOND
(This bond meets and exceeds the requirements of Florida Statutes Section 255.05)
STATE OF FLORIDA)
ss
COUNTY OF )
KNOW ALL MEN BY THESE PRESENTS that we. WEATIlERTROL MAINTENANCE CORP.
as PrincipaJ, I1cremafter called Contractor, and
WASHINGTON INTERNATIONAL INSURANCE COMPANY as SUrety. are :fimJly bound unto the CiW of Miami Beach.
Florida, as Obligee, hereinafter caUed the Oty, in. the Pc:ml sum of ... DoUars
($ 947,000.00 ). for the payment of which smn well and truly to be made, we bind oumelves, our hci1's,
executors, administrators. successors and -8"'\ jointly and sevemlly, finnIy by these presents.
... NINE HUNDRED, FORTY-SEVEN THOUSAND DOLLARS AND NO cENTS
WHEREAS, Contractor, on the..!.!.!!! day of September . 20~ en1m'ed into a cerlain
contract with the City. hereto attached, for BID NO. 32-00/01, F..ntit1ed, " SUPPLY ~
INSTALLATION OF FOUR (4) COOLING TOWERS AT THE MIAMI BEACH
CONVENTION CENTER" which Contract is made a part Mreofby reference thereto.
NOW, TllEREFORE, THE CONDmON OF TlDS OBLIGATION IS SUCH, tbat, if the
Contractor shaD wclI and truly perform and tblfill all the undm1akings, covenantS. 1Cml8, oonditions and
agreements of said ContIact. and all duly authorized modifications of said Contract that may hereafter be
made. notice ofwhich modifications to the Surety being ~ waived, then this obligation shall be void;
o1herwise to remain in full force and effect.
WBENEVER the Prlnclpa1 shall be and is dcclamd by the City to be in default under the ~
or w~ the Con1ract has been tenninmd by defimlt of!he Contractor, the City having perf'ormM the
CiW's obligations 1hereunder, the Surety shall:
L Complete the Contract: in 8COOJ.'dance with its tenns and conditions, or at the City's sole
option.
2. Obtain a Bid or Bids for submission to the City for completing the Contract in. accordance
with i1s terms and conditions. and upon dermnination by 1M ~ and the Surety of the
lowest responsible Bidder. arrange for a Contract between such Bidder and the City, and
make available as Wade progresses (even 1hough there should be a default or a mccession
of defaults undet the Contract or Contracts of completion ammged under this paragraph)
sufficient fimds to pay the cost of completion less the balance of the ContIact price; but not
exc~ including other costs and datnages fur which the Sul-ety may be Hable hcreurxb',
the amount set forth in the first pmagrapb. hereof. The 1Jm11'ba1ance ofh Contract price"
as used in this patagraph. sbaU mean the total amount payable by tha City to the Contradnr
~~~~~~~,ab~~~by~~
to tho Contractor.
BID NO: 3%-00101
DAm 06/01/01
aIY Oll'MlAMfBEACH
15
No right of action shall accrue on this Bond to or for the use of any person or coIpOl'ltion other
than the City named herein or the ~ or assignees thereof.
The Surety &ball and doe$ hemJy agree 10 indemnify the CiW and hold it harmless of, from and
against any and all liability. loss. oo~ damage or ~ including reasonable attorneys ~ mgineering
and atthitectuI3l fees or other professional services which the Oty may incur or whim may acauc or be
imposed. upon it by reason of any negligence. defiwlt, eel: and/or omission on the part oftM Cm1mctor. &rrJ
Subcontractor and Contractor's or Subcontractors agents. aervants and/or employees, in, about or on
account of the Construction of the work and performance of said Contract by the Conttactor.
This lJond sha11 mnain in full force and effect fur such period or periods of tiIml afterlhc date of
acceptance oCtile project by the City as are provided for in tbc Contract Documents, and 1hc Contractor
hereby guaran=s to rqtair or Iq)lacc fur the said periods aU worlc pcdbrmed and materials and equipImnt
fumishcd. which were not petfonned or fumished according to the terms oftbe Con1mct Documents. If
no specific periods of wazranty uc stated in the Contract Dooumcnta for any pa:rticu1ar item of wode,
material or equipment, the ContIactor hereby guamntees the same for a minimmn pcriod of one (l) year
from the date offiDal acceptaIWc by the City of the entire project.
Any suit on this bond nmst be instituted within such period at periods as may be provided by law,
BID NO: 32.ootOl
DATE~ 06/01101
a1YOll'MIAMI~
16
IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their
appropriate officials of the 23RD day of September ,2002
WITNESS:
PRINCIPAL:
(If 8010 Proprietor or partncmship)
(Fmn Name)
BY
TIde: (Sole Proprtetor or P8I1ner)
PRINCIPAL (lfC
WEATIIERTROL
(Corporate Na
ANCE CORP.
~
/A
",/"
( ! f/
1
Attest:
(Se
(CORPORATE SEAL)
COUNTERSIGNED BY
RESIDENT FLORIDA
A OF SURETY:
SURETY:
(C Y of Agent'. tDn'el1t
L1uDle alluued by State
ofFlorlda Insul'auee
Commissioner
JOHNW. CHARLTON
By:
BIn NO: 31-80101
DAntl 06101/01
(power of Attorney must be attached)
crrY OFMlAMlBEAaI
17
CERmICATES AS TO CORPORATE PRlNClPAL
I,6-Ai (. () ~ ~(J ~ , cerfify that I am the Secmary of the Corporation named as Principal in
the foregoing bond; that ~'i l> R () eo t!J71 who Bigned the said bond on beba1f of the Principal, was
then f'Rf 5 if) eAJ 1 of said Corporation; that I know his signaturet and his signature hereto is
gcnujne; and 61at said bond was duly signed. sealed, and at1eStrd fhr and in behalf of said Corporation by audlority
of its governing body.
Corporate
Seal
STATE OF FLORD)A)
II
COUNTY OF )
Before me, a Notary PublicJ duly commissioned, qualified and acting, personally appeared
JOHN W. CHARLTON to me well known, who being by me first duly swom upon ~ says that he
is the At:t:OmeYwin-Fact. for the WASHINGTONINTERNATIONALINSURANCECOMPANY and that he has been. authorized by
ITS PRESIDENT to execute the foregoing bond on bcbalf of the Contractor named thea-ein
in:f.avcx ofthc City of Miami Beach, F1odda.
Subscribed and swam before me this 23RD day of September , 20~ A.D.
(Atmch Power of Attorney)
~~
N He
S1ate of Florida -at-Large
"'WfI>>'''~~ Eduardo Menendez
!*~ ':>0 MY COMMISSION # 00078196 EXPIRES My Commission E'Y'ftires: MAY 22, 2005
~:. : . M<ly 72, 2005~Y
"l.:r,' ,,' . IONDlD TH~U TROY MIIIIIIIUWANCf; lilt:.
BID NO: 31-00101 arY OFMlAMJ:BBAal
DATJI:: 0"01/01 18
. BOND NO. 8-901 1911
LABOR AND MATERIAL PAYMENT BOND
(SECIlON 255.05. FLA. STAT.)
BY THIS BOND, We,WEATHERTROLMAINTENANCECORP.
. as Principal, and
W ASHINGTON INTERNATIONAL INSURANCE COMPANY as corporation. as Surety, are bound to the City of Miami Beach. Florida.
NINE HUNDRED, FORTY-SEVEN THOUSAND
as obligee, herein called City, in the sum of$OOLLARS AND NO CENTS for the payment of which we
bind ourselves. our heirs. personal represen~ succ:essms and assigns. jointly and severally.
THE CONDITION OF TBIS BO~ is that ifPriJDpa1.:
Promptly:makes paymenm to all cJa~ as defined in Section 25S,QS (1), PIa. Statute.. supplyiQ
Principal with labor, materials, or supplies, used din:<ily 0' indirectly by Pri:nclpa1 in 1heproseeution of the
WOIt provided for in the contract; and
Pays City .n :losses. damages, expenses, costs, and attomey's fees. mc1uding appellate proceedings. that
the City sustains in enforcement of1his band
,
Pcrfonns the guarantee of an labor and materials :l\unished under the oautract for the time specified in the
cohtract, then this bond is void, o1herwisc it remains in full force.
Any cbanges in or under the contlaCt documents and compliance or noncompliance wi1h any bmalities
conneded with the oontmct or the changes does not affect SUrety's obligation under tis bond.
The provisions of Section 255,05, PIa. Statute, are specifically adopted by reference and made a part
hereof for the pmposes specified therein.
The con1mct dated September 11, 2002 between the City and Principal is made a part of this Bond 'by
refenmce,
Claimants are advised that Section 255.05, F1a. Statute, contains notice and tUnc limitation provisious
which must be strictly oomp1ied wi1h.
BID NO: 32.ooJOl
DATE: Oli/Ol/01
crnt' OJ'MlAMIBBACII
. U
L
IN WITNESS WHEREOF, the above bounded paI1ies ha've caused this Bond to be executed by their
appropriate officials of the 23RD day of September . 2002
WITNESS:
PRINCIPAL:
(If sole Proprietor or partnership)
(Firm Name)
BY
11de: (Sole l'roprletor or Partner)
PRINCIPAL (1.f Corporation)
BY
ANCE CORP.
,
.I
A_ ~
(Seentary) -f-
(CORPORATE SEAL)
COUNTERSIGNED BY
RES ENT FLORIDA
A Oll'SURETY:
SURETY:
(C
Lie Ie alllsued by State
ofPlodda lDIurance
Commluloner
JOHN W. CHARLTON
By.
ON INTERNATIONAL INSURANCE COMPANY
am NO; 31-00101
DATI:: 06/01101
raey-ln-faet
JOHN CHARLTON
(power of Attorney mnst be attached)
cnYOli'MfAM(BEAaI
%0
CERTIFICATES AS TO CORPORATE PRINCIPAL
1, c~R LO oS 81)/<.)14. CCl1i1Y1batlam the SCOIetary ofthc Corporation named as Princlpal in
the foregoing bond; that :r. S i l> 11 () .Do tf.J71 who signed the said bond on behalf of the Principal~ was then
PtGc;, //)WJJ
of said CoIpomtion; that I know his signature, and his signature hemo is genuine; and
that said bond Was duly signed. scaled, and at1ested for and in behalf of said Corporation by authority of its
goveming body.
Semdmyr
Corporate
Seal
STATE OF FLORIDA)
..
COUNTY 01' )
Before me, a Notary Public. duly commissimed. quaHfied and acting, personally appearm
JOHN W. CHARLTON to me well known~ who being by me first duly sworn upon oath, says that he
WASHINGTON INTERNATIONAL
is the Attorney in Fact, for theINSURANCE COMPANY and that he bas been authorized by
ITS PRESIDENT
to execute the foregoing bond on behalf of the Contractor named therein
in favor of the City of Miami Beach, Florida.
(Attach Power of Attomcy)
Subscn'bed and sworn before me this ~3RD day of September
~.-/~~
Notary c
State ofF1orlda-at-Large
. 20~ A.D.
,......~< Eduardo Menendez
l~r\ MY COMMISSION I 00028196 EXPIRES
:*::*] M 22. 2005
?,,;' . . ay#..",~. ....ft,} BONDED 1l1RU TlOY fAIN lIl$URAHCF., \NC.
"Rr..~,"
My commission Expires: MAY 22, 2005
BID NO: 3UOlOl
DAn:: 06101101
ClT1t' OF MJ'AMlBEACII
11
----- --~\
i
i :'-
WASHINGTON INTERNATIONAL INSURANCE COMPANY
POWER OF ATTORNEY
KNOW ALL BY THESE PRESENTS: That the Washington Intemationallnsurance Company, a corporation organized and existing under the laws
of the State of Arizona, and having its principal office in the ViDage of ltasca, llfinois does hereby constitute and appoint
JOHN W. CHARL.TON AND D.W. itA TSON,III BOTH OF MIAMI, FL.ORIDA
EACH IN THEIR SEPARA TE CAPACITY
its true and lawful attorney(s)-In-fact to execute, seal and deliver for and on its behalf as surety, any and an bonds and undertakings, recognizances,
contracts of indemnity and other writings obligatory in the nature thereof, which are or may be anowed, required, or permitted by law, statute, rule,
regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shan be as binding upon the Sl!id Washington
International Insurance Company as fully and amply, to all intents and purposes, as if the same has been duly executed and acknOwledged by its
President and its principal office.
This Power. of Attorney shall be limited in amount to $5,500,000.00 for any single obligation.
This Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22, 1978,
July 3, 1980 and October 21,1986 which read, in part, as foUows:
1. The Chairman of the Board, President, Vice. President, Assistant Secretary, Treasurer and Secretary may designate Attorneys-in-Fact, and
authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds. and undertakings, recognizances,
contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special Attorneys-in-Fact, who are hereby authorized
to certify copies of any power-of-attomey issued in pursuant to this section and/or any of the By-Laws of the Company, and to remove, at any
time, any such Attorney-in-Fact or Special Attorney-in-Fact and revoke the authority given him.
The signatures of the Chairman of the Board, the President, VICe President, Assistant Secretary, Treasurer and Secretary, and the corporate
seal of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power
of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shall
be valid ~Iiin~ing upon the Company. .
~",\\\\ N "11'"
IN TESTI~~~aShington International Insurance Company has caused this instrument to be signed and Its corporate seal to be
affIXed b~uthorized offit:er.~F.i.23rd day of May, 1997.
.... .. ~A .~~
g is / ...r.?--..-vo~l'~ \ l'" .~
~ ~ f '-tS-:;"'l\L ; ~ ~
: :;:. ~ t.}' l.. ~: :~: ...;
-:.1h.... ~i. ..........::
~ ~ .... .... ~/ g
~." . . "..
~ .... .... .~.
~.I.: ....... :,...
""," A::;:7.0N~\..\,';'o'
STATE OF Ill'd<tOlS)ll,J\""
COUNTY OF COOK)
On this 23rd day of May, 1997, before me came the individual who executed the preceding instrument, to me personally known, and, being by me
duly sworn, said that he is the therein described and authorized officer of the Washington International Insurance Company; that the seal affixed to
said instrument is the Corporate Seal of said Company;
IN TESTIMONY WHEREOF, I have hereunt set m ha
2.
AL INSURANCE COMPANY
CERTIFICA
"OFFICIAL SEAL"
MICHELLE HOWERTON
NoIary Public, Slale of Illinois
My Convnission Expires 09f07199M
STATE OF ILUNOIS)
COUNTY OF COOK)
I, the undersigned, VICe-President of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIFY
that the foregoing and attached POWER OF ATTORNEY remains in fun force and has not been revoked, and furthermore that Article III, Section 5
of the By-Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in force.
Signed and sealed In the County of Cook. Dated the 23RD day of SEPTEMBER .2QQ2....
Jam~
INSURANCE REQUIREMENTS
See Insurance Check List for applicability to this contract.
a) The contractor shall be responsible for his wolk and every part thereof, and for all materials,
tools, appliances and property of every description, used in connection with this particular
project. He shall specifically and distinctly assume, and does so assume, all risks of damage
or injury to property or persons used or employed on or in connection with the wolk and of
all damage or injury to any person or property wherever located, resulting from any action or
operation under the contract or in connection with the wolk. It is understood and agreed that
at all times the contractor is acting as an independent contractor.
b) The contractor, at all times during the full duration of work under this contract, including extra
worlc in connection with this project shall meet the following requirements:
i)
it)
fu)
iv)
v)
VI)
viI)
BID NO: 32-00/01
DATE: 06/01/01
Maintain Worker's Compensation and Employer's Liability Insurance to
meet the statutory requirements of the State of Florida.
Maintain Comprehensive General Liability Insurance in amounts prescribed
by the City (see checklist for limits) to protect the contractor in the interest of the
City against all risks of injury to persons (including death) or damage to property
wherever located resulting from any action or operation under the contract or in
connection with the work. This policy is to provide coverage for
premises/operations, independent contractor, broad form property damage,
products/completed operations and contractual liability.
Maintain Automobile Liability Insurance including Property Damage covering
all owned, non-owned or hired automobiles and equipment used in connection with
the work.
Maintain any additional coverage required by the Risk Manager as indicated on the
Insurance Check List.
Name the City of Miami Beach as an additional insured on all liability policies
required by this contract. When naming the City of Miami Beach as an additional
insured onto your policies, the insurance companies hereby agree and will endorse
the policies to state that the City will not be liable for the payment of any premiums
or assessments.
No change or cancellation in insurance shall be made without thirty (30) days
written notice to the City of Miami Beach Risk Manager.
.
All insurance policies shall be issued by companies authorized to do business lDlder
the laws of the State of Florida and these companies must have a rating of at least
B+: VI or better per Best's Key Rating Guide, latest edition.
CI1Y OF MIAMI BEACH
22
vfu) Original signed Certificates of Insurance, evidencing such coverage and
endorsements as required herein, shall be filed with and approved by the City of
Miami Beach Risk Manager before work is started. The certificate must state
Bid Number and Title. Upon expiration of the required insurance, the
contractor must submit updated certificates of insurance for as long a period as
any work is still in progress.
ix) It is understood and agreed that all policies of insurance provided by the
contractor are primary coverage to any insurance or self-insurance the City of
Miami Beach possesses that may apply to a loss resulting from the work
perfonned in this contract.
c) The liability insurance coverage shall extend to and include the following contractual indemnity
and hold hannless agreement:
"The contractor hereby agrees to indemnify and hold hannless the City of Miami Beach, a
mwricipal corporation, its officers, agents, and employees from all claims for bodily injuries to
the public in and up to the amount of $ 1,000,000.00 for each occurrence and for all damages
to the property of others in and up to the amount of $1 ,000,000.00 for each occurrence per
the insurance requirement under the specifications including costs of investigation, all expenses
of litigation, including reasonable attorney fees and the cost of appeals arising out of any such
claims or suits because of any and all acts of omission or commission of any by the contractor,
his agents, servants, or employees, or through the mere existence of the project under
contract. BID NO. 32-00/01" SUPPLY AND INSTALLATION OF FOUR (4)
COOLING TOWERS AT THE MIAMI BEACH CONVENTION
CENTER " The foregoing indemnity agreement shall apply to any and all claims and suits
other than claims and suits arising out of the sole and exclusive negligence of the City of Miami
Beach, its officers, agents, and employees, as .deterrnined by a court of competent jurisdiction.
i.) The contractor will notify his insurance agent without delay of the existence of the Hold
Hannless Agreement contained within this contract, and furnish a copy of the Hold
Hannless Agreement to the insurance agent and carrier.
iI) The contractor will obtain and maintain contractual liability insurance in adequate limits
for the sole purpose of protecting the City of Miami Beach under the Hold Hannless
Agreement from any and all claims arising out of this contractual operation.
d) All policies issued to cover the insurance requirements herein shall provide full coverage from
the first dollar of exposure. No deductibles will be allowed in any policies issued on this
contract unless specific safeguards have been established to assure an adequate fund for
BID NO: 32-00/01
DATE: 06/01101
CfIY OF MIAMI BEACH
23
payment of deductibles by the insured and approved by the City's Risk Manager.
e) The contractor will secure and maintain policies of subcontractors. All policies shall be made
available to the City upon demand. Compliance by the contractor and all subcontractors with
the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies
shall not relieve the contractor and all subcontractors of their liabilities and obligations under any
Section or Provisions of this contract. Contractor shall be as fully responsible to the City for the
acts and omissions of the subcontIactor and of persons employed by them as he is for acts and
omissions of persons directly employed by him.
t) Insurance coverage required in these specifications shall be in force throughout the contrnct tenn.
Should any awardee fail to provide acceptable evidence of current instrrance within seven days
of receipt of written notice at any time during the contract term, the City shall have the right to
consider the contract breached and justifying the termination thereof.
g) If bidder does not meet the insurance requirements of the specifications; alternate insurance
coverage, satisfactory to the Risk Manager, may be considered.
h) It is understood and agreed that the inclusion of more than one insured under these policies shall
not restrict the coverage provided by these policies for one insured hereunder with respect to
a liability claim or suit by another insured hereunder or an employee of such other insured and
that with respect to claims against any insured hereunder, other insured hereunder shall be
considered members of the public; but the provisions of this Cross Liability clause shall apply
only with respect to liability arising out of the ownership, maintenance, use, occupancy or repair
of such portions of the premises insured hereunder as are not reseIVed for the exclusive use of
occupancy of the insured against whom claim is made or suit is filed.
BID NO: 32-00/01
DATE: 06101101
CITY OF MIAMI BEACH
24
ACORD.. CERTIFICATE OF LIABILITY INSURANC~~~6~ ~ DATE (MMlDDIYY)
09{30/02
PRODUCER THIS CERnFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERnFICATE
HBA Insurance Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
3401 NW 82 AVE. suite 300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Miami FL 33122 INSURERS AFFORDING COVERAGE
Phone: 305-714-4400 Fax: 305-714-4401
INSURED INSURER A: Hartford Fire Zn&urance CO.
INSURER B: '!'win Ci ty Fi.re
WEATHERTROL MAiNTENANCE CORP. INSURER C:
7250 NE 4TH AVENUE INSURER D:
MI:AHl: I'L 33138 .-
I INSURER E:
COVERAGES
THE POLICIES OF INSURANCE L1STEC BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOC INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF JWV CONTRACT OR OTHER OOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POUCIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN RECUCEO BY PAID CLAIMS.
Irr~ TYPE OF INSURANCE POLICY NUMBER DATE IMMIUDtTTJ DATeIMMIODIYYf LIMITS
GENWL LIABIUTY EACH OCCURRENCE $ 1,000,000
- 21UUNLK1085 11/01/01 11/01/02
A X COMMERCIAL GeNERAL llABIUlY FIRE DAMAGE (Anyone fll1l) $ 300,000
_.I CLAIMS MADE ~ OCCUR MED EXP (lIny one peISOfI) I 10,000
-
X Cont.rac1:ual Li.ab PERSONAl. & ADV INJURY 11,000,000
Included GENERAL AGGREGATE $2,000,000
OEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS. COMPIOP AGO $2,000,000
~ POLICY rxl ~gg; n LOC
AUTOMOBILI! UAIIILITY COMBINED SINGLE UMIT 11,000,000
-
B ~ NN AUTO 21UtJNI,K10BS 11/01/01 11/01/02 (Ea aceidenl)
AU OWNED AUTOS ~~~o BODilY INJURY
- (Per person) $
- SCHEDULED AUTOS
~ HIRED AUTOS BODILY INJURY
11 (per accldenQ $
X NON.o>NNEO AUTOS
c--
PROPERlY DAMAGE $
(Per accide...,
GARAGE UABIUTY AUTO ONLY. EA ACCIDENT $
R N<< AUTO OTHER THAN EA ACe I
AUTO ONLY: AGG I
EXCESS LIABILITY EACH OCCURRENCE S 1,000,000
A ~ OCCUR o CLAIMS MADE 21XHUINB629 11/01/01 11/01/02 AGGREGATE $ 1,000 000
SZR 110,000
R DEDUCTIBLE $
RETENTION I I
WORKERS COMPENSATION AND I TORV LIMITs I luar
9tPLOYERS' LIABILITY E.l. EACH ACCIDENT S
E.L DISEASE. EA EMPlOYS $
E.L. DISEASE. t>OUCY LIMIT I
OTHER
A PROPERTY 21tJUNLR10B5 11/01/01 11/01/02 CONTENTS 170,000
DESCRIPTION 01" OPERATlONSIL.OCATIONSNEHICLESlEXCLUSIONS ADDIn BY ENDDRSEMENTISPECIAL PROVISIONS
Additional Insured clause ~n favox of the oextif~cat.e holder.
Bid No. 32-00/01 Tii:le: Supply and Ina1:allation of Four collinq Towers at
the M1am.i Beach Convention Center.
CERTIFICATE HOLDER I y I ADDITIONAL INSURED; INSURER LETTER: A CANCELLATION
CITnlI2 SHOULD ANY OF THE ABOVE DESCRIBED PDLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THERI!!OF, THE ISSUING INSUftl!!ft WILL END!!AVOR TO MAIL ....3.Q..... DAVS WftmEN
CITY OF MIAMI BEACH NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Risk Manaqer IMPOSE NO 08UGATlON OR UABlLITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
1700 CONVENTION CENTER DlUVE REPRSSliNTATIVES.
4th FLOOR. AUTHOR( (7TATIVE
~AMI BEACH FL 33139
I TJON 1988
ACORD ZS-S (7/97)
o ACORD CORPORA
.
ACORQTM CERTIFICA TE OF LIABILITY INSURANCE I DATE
09/27/2002
PRQDUCI!Il THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Assurance Alter.natives, Ino. ONL V AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR
175 FontainQbleau Blvd., ALTER THE COVERAGE AFFORDED BY THE poIiclEs BELOW.
Suite 2G1 INSURERS AFFORDING COVERAGE
Miami FL -
INSURED IN6UFtER ~ Wee tJ)ort Insurance Co.
Airko Mechanioal, Inc:. &/or Weathert~ol INsuRER R:
Maint.enance Co~. INSuReR C:
7250 NE. 4th Avenue INSURER D:
- lMiami. n. 33138- I INSUltER Ii;
THE POLICIES OF INSURANCE liSTED BELOW HAVE B1iEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLlCY PERIOD INDICATED. NOlWlTHSTANDING AtlY
REQUIREMeNT. TSRM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WI".. RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,
THE INSURANce A"I'OI'tDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, eXCLUSIONS, AND CONDITIONS OF SUCH POLICIES.
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~": 'M'E OF INSUItANCI POUCY NUMBER l'~~~::~~E Pgi~,~~N LIMITS
GENERAL LI~aILITY I / I I EACH OCCURIlI~Ne~ s
I--
COMMERCIAL GENERAL LIABILITY FIRE DAMAGE 1M" _ h' S
1 CLAIMS MADIi 0 OCCUF\ / / I / M!D EXP lift onell6'lO/\l $
- PERSONAL" ADV INJURY .
- I / / I GeNSlW. AGGlIlIlOAT! S
~LAGG~l!n LIMIT An' I"ER: PRODUCTS. COMPIOP AGG S
POLICY ~rer LOC I / L /
.....!.UTOMOBILE LIABILITY I I I I COMllINED 61NGl.E LIMIT
- ANY AUTO Ie. 1ICcId....1 .
I-- t\l.L OWNED AUTOS I I I / SODILY INJUftY
I-- SCHIiDULED AUTOS Iper pII.-1 I
I-- HIRED AuToa I / / I BODILY INJUAY
I-- NON-OWNED AUTOS Il'. llOdcl""'l .
/ / / / PROPERlY DAMAGE
1......1ICGldDft1) S
~RAGE UABIUTV AUTO OIolLY . ~ ACCIDENT S
AKYAUTO I I / / OTl1~ TtlAN EA I\CC ,
- - . - . " '. AuTO om Y; A" .
EXCESS U,,8IUTV / I / / eACH OCCIJ,,,,I,IlNC;: I
:::J OCCUR 0 CLAIMS MADE ACO"EGAT& .
I
R DIiDUCTlBLE / I I / is
flliTENTIDN S S
A WORKERS COUPENSATlON AND WCX7001079 01/11/2002 01/11/2003 X I T~~~'Ws I ICJ~.
IiMPLOVl!RS' LIABILln'
E.L. EACH ACCIDENT . 1,000,000
/ / / I E.L DISEASE - SA 01P1.OYD! , 1,000,000
E.L DISEASE - POLIc;Y LIMIT . 1,000,000
OTHER
I I I /
tlliSCRIPllDN 01' Ol'ERAllONSIL0CA1lON8NEHICLIiS/EXCLUSIONS ADDED IY ENDORSEMENTlSI'ECIAL PROYl$lDNB
JtB: Bid No. 32-00/01
CERTIFICATE HOLDER I I ADl)lTlONAL IN.UAliD: INSURER I.ETTEA: CANCELLATION
SHOUl.Il At<< OF THE "BOllI! DI!SCRlBED POLleI" BI! CANCELLED SEPOR' THIi
EXI'IAATlON DATI! ,,"EREOF. THI ISSUINGl INlIUFlI!R Wll.L ENDI!AVOR TO MAIL
30 DAYS WRITTl!N NOTICE TO THE CERllf'lCATIl HOLDER NAMED 10 TMB L.EFT, BUT
Oi ty of Miami 8eaoh FAILURE 10 DO ao SHALL IMPOSE NO DBLlGA1lOtl OR UABlU1Y OF AIf't ICIND UPON THIf:
.... _. . .' 1700 Convention Center .Dri.ve IIlSUR&11:YT9 AGI!N'IS OR REPRI!SENTA'1'IVU.t
2n.d. Floor A~"'F1U~TATlVE~ L -'
~ ~-.
Mi..i. Deach i'L 33139- \I" ~~ ~ - ,
ACORD 25-5 (7/97 -- V' o ACORD coRPORATION 1988
)
ttrnt IN$025S (99101.01
ELECTRONIC LASER FORMS. IHC, . (1lOO132r-0S4!l
Pagelof2
COVERAGES
INSURANCE CHECK LIST
WotYmt Compensation and Employer's Liability per the Statutory limits of the
state of Florida.
Comprehensive General Liability (0CClJDtD:e foon), limits of liability SI,OOO,(XX).OO
per occurrence for bodily injmy property damage to include Premises! Operations;
Products and Completed Operations; Independent ContIactors; Broad Form
Property Damage Endorsement and Contractual Indemnity (Hold bannless
endorsement exactly as written in "insurance requirements" of specifications).
xxx 3.
Automobile Liability - $100,000.00/$300,000.00 - $50,000.00 each occurrence
- ownedlnon-ownedlhired automobiles included.
4.
Excess Liability - $1,000,000.00 per occurrence to follow the primary coverages.
xxx 5.
The City must be named as and additional insured on the liability policies; and it
must be stated on the certificate.
6.
Other Insurance as indicated:
_ Builders Risk completed value
_ Liquor Liability
_ Fire Legal Liability
_ Protection and Indemnity
_ Employee Dishonesty Bond
Other
$
$
$
$
$
$
.00
.00
.00
.00
.00
.00
xxx ..,.
Thirty (30) days written cancellation notice required.
xxx 8.
Best's guide rating B+:VI or better,latest edition.
xxx 9.
The certificate must state the bid nmnber and title
BIDDER AND INSURANCE AGENT STATEMENT:
We understand the InsuIance Requirements of these specifications and that evidence of this insurance may
by required within five (5) days after bid opening. ~
,..,ell ~~T1!OL _
Bidder Si of Bidder
BID NO: 32-00/01
DATE: 06/01/01
01Y OF MlAMlBEAOI
25
DIVISION 1
General Provisions
Section I
DEFINITION OF TERMS
1.1 DEFINITIONS: Whenever in the Specifications, Special Provisions, Proposals, Contract, or
Contract Bond the following terms or pronouns in place of them are used, the intent and meaning shall be
inteIpreted as follows:
1.2 "City" - The City of Miami Beach, Florida, as represented by its Mayor and City
Commission.
1.3 "Board" - The City Commission of the City of Miami Beach, Florida.
1.4 "City Clerk" - The City Clerk of the City of Miami Beach, Florida.
1.5 "City l\Ianaeer" - Chief Administrator of the City Commission.
1.6 "Eneineer" - The City Engineer of the City of Miami Beach, Florida, or his authorized
assistants.
1. 7 "Inspector" - An authorized representative of the City Engineer assigned to make all
necessary inspection of the materials furnished and of the work performed by the Contractor.
1.8 "Bidder" - Any individual, firm or cOIporation submitting a Proposal for the work
contemplated, acting directly or through a duly authorized representative.
1.9 "Contractor" - The Party of the second part of the Contract, the person, firm or corporation
with whom a Contract has been made by the City.
1.10 "Superintendent" - Executive representative for the Contractor present on the work at all
times during progress, authorized to receive and fulfill instructions from the Engineer and capable of
superintending the work efficiently.
1.11 "Suretv" - The corporate body or individual which is bound by the Performance and
Payment Bonds with and for the Contractor, who is primarily liable, and which engages to be responsible
for his acceptable performance of the work for which contract has been made and for his payment of all
debts pertaining thereto.
1.12 "Proposal" - The approved prepared form on which the Bidder is to or has submitted his,
their, or its Proposal for the work contemplated.
1.13 "Proposal Guaranty" - The security designated in the Proposal, to be ftnnished by the
Bidder as a guaranty of good faith to enter into a Contract with the City if the Contract is awarded to him.
BID NO: 32-00/01
DATE: 06/01/01
CfIY OF MIA1\1I BEACH
26
1.14 "Plans" - The official approved plans, profile, typical cross-section, general cross-sections,
working drawings, and supplemental drawings, or exact reproductions thereof, which show the location,
character, dimensions and details of the work to be done, and which are to be considered as a part of the
Contract supplementary to these Specifications.
1.15 "Procurement Director" - The purchasing officer for the City of Miami Beach.
1.16 "Specifications" - The directions, provisions and requirements contained herein, together
with all written agreements made or to be made, setting out or relating to the method and manner of
performing the work, or to the quantities and qualities of materials and labor to be furnished wtder the
Contract.
1.17 "Special Provisions" Specific clauses additional to these Standard Specifications, setting
forth conditions peculiar to the project wtder consideration. In case of any discrepancy between the
Standard Specifications and the Special Provisions, the Special Provisions are to govern.
1.18 "Supplemental A2I"eement" - A written agreement between the Contractor and the City
Engineer, covering alterations and unforeseen work incidental to the project.
1.19 "Contract" - The written agreement covering the perfonnance of the work and the
furnishing of labor and materials in the proposed construction. The contract shall include the "Proposal,"
"PIan," "Specifications," "Special Provisions," Perfonnance Bond," and "Labor and Material Bond" also any
and all "Supplemental Agreements" required to complete the work in a substantial and acceptable manner.
1.20 "Contract Bond" - Perfonnance Bond - The security fmnished by the Contractor and the
Surety as a guaranty that the Contractor will execute the work in accordance with the tenDS of the Contract.
1.21 "Pavment Bond" - The security fmnished by the contractor and the surety as to guaranty
that the contractor will pay a claimant. A claimant is defined as any person supplying the Principal with
labor, material and supplies, used directly or indirectly by the said Principal or any subcontractor in the
prosecution of the work provided for in said Contract, and is further defined in Section 255.05(1) of the
Rorida Statutes.
1.22 "The Work" - All the work specified or mentioned herein or indicated on the Plans or in
the Proposal as contemplated improvement.
1.23 "Questionnaire" - The approved form upon which the Contractor must finnish the
infonnation as to his ability to perform the work, his experience in similar work, and his financial condition
as related to his ability to finance the work.
1.24 "Substantial Completion" - When construction is sufficiently complete in accordance with
the contract documents, so the owner can occupy or utilize the work or designated portion thereof for the
use for which it is intended A Certificate of Substantial Completion signed by the NE of Record, the
contractor and approved by the City must be submitted in order to consider the work substantially
complete. Moreover, the substantial completion shall also be linked, for the City's convenience, to the
issuance of a Temporary Certificate of Completion or Temporary Certificate of Occupancy by the Building
Official.
BID NO: 32-00/01
DATE: 06/01101
CITY OF MIAMI BEACH
27
Section 2
PROPOSAL REQUIREMENTS AND CONDITIONS
2.1 Interpretation of Approximate Estimate - The Bidder's attention is called to the fact that
the estimate of quantities of all work to be done and materials to be fiunished under the Specifications as
shown on the Plans and on the Proposal Form, is approximate and is given only as a basis of calculation
upon which the award of the Contract is to be made. The City does not asswne any responsibility that the
final quantities shall remain in strict accordance with estimated quantities, nor shall the Contractor plead
misunderstanding or deception because of such estimate of quantities or of the character, location of the
work or other conditions pertaining thereto.
2.2 Examination of Plans. Specifications. Special Provisions. and Site of Work - The
Bidder is required to examine carefully the site of, and the Proposal, Plans, Specifications, and Contract
for the work contemplated, and it will be assmned that the Bidder has investigated and is satisfied as to the
conditions to be encountered, as to the character, quality, and quantities of work to be perfonned and
materiaIs to be finnished and as to the requirements of these Specifications, Special Provisions, and
Contract. It is mutually agreed that submission of a Proposal shall be considered prima facie evidence that
the Bidder has made examination.
2.3 Preparation of Proposals - Proposals shall be submitted on the fonn provided. All blank
specifications for which quantities are shown must be filled in ink, in both words and figures with the unit
price for the item for which the proposal is made. The bidder shall also state the time in which he will
complete the work bid upon, unless a certain time is stipulated. If the proposal is made by an individual in
his own proper person or under a trade or firm name, he shall execute the same under his individual trade
or firm name, he shall execute the same under his individual signature and his post office address shall be
shown. If made by a copartnership the proposal sha1l be executed for the copartnership, by setting out in
full the names of the partners and the finn name of the partnership, if any, and signed by one or more of the
partners, and the post office address of each of the partners shall be shown. If made by a corporation, the
proposal shall be executed by setting out the corporate name in full, followed by a statement that it is
incorporated and existing under the laws of a named state, and, if it is a foreign corporation, the fact that
it is authorized and pennitted to transact. business in this State, and signed by its President, or other
authorized corporate officer, with its corporate seal affixed and attested by its Secretary, and the address
of its principal place of business shall be shown.
2.4 Rejection of Irre2Ular Proposals - Proposals will be considered irregular and may be
rejected if they show serious omissions, alterations offonn, additions not called for, conditions, unauthorized
alternate bids, or irregularities of any kind
2.5 Guaranty to Accompanv PropOsals - No Proposal will be considered unless accompanied
by a "Proposal Guaranty" of the character and amount indicated in the Notice to Contractors and the
Proposal Fonn, made payable to the City of Miami Beach, Florida.
BID NO: 32-00/01
DATE: 06/01101
CflY OF MIAMI BEACH
28
2.6 Delivery of Proposals - Each Proposal must be submitted in a sealed envelope which shall
be marked so as to indicate its content and name of Bidder clearly. If forwarded by mail the above
mentioned envelope shall be enclosed in another envelope addressed to the City Purchasing Agent, Miami
Beach, Florida, preferably by registered mail; if fOlwarded otherwise than by mail, it shall be delivered at
the Office of the City Purchasing Agent. Proposals will be received \mtil the date and hour stated in the
"Notice to Contractors."
2.7 Withdrawal of Proposals - No Proposal can be withdrawn after it is filed tmless the Bidder
makes his request in writing to the Board prior to the time set for the opening of bids, or tmless the Board
fuils to accept it within ninety (90) days after the date fixed for opening bids. Withdrawal of proposals after
bid opening will only be accepted with the collection of Bid Surety by the City.
2.8 Openin2 of PrOpOsals - Proposals will be opened and read publicly at the time and place
indicated in the "Notice to Contractors." Bidders or their authorized agents are invited to be present.
2.9 DisauaUfication of Bidders - Only one Proposal from an individual, firm, partnership, or
corporation, under the same or different names, will be considered. Should it appear to the Board that any
bidder is interested in more than one Proposal for the work contemplated all Proposals in which such
Bidder is interested will be rejected The right is reserved to reject the proposal from a bidder who has not
paid or satisfactorily settled all bills due for labor and material on former contracts with the City or contracts
with the same in force at the time of receiving bids.
2,10 Competency of Bidders - Bidders must be capable of performing the various items of work
bid upon They shall finnish a statement covering experience on similar work, a list of machinery, plant, and
other equipment available for the proposed work, and shall Furnish statements of their financial resources
as requested in the Questionnaire. If the available evidence of competency of any bidder is not satisfactory
to the Engineer, the proposal of such Bidder may be rejected.
2.11 Material Guarantv - Before any Contract is awarded, the Bidder may be required to
ftunish a complete statement of the origin, composition, and manufacture of any and all materials to be used
in the work, together with samples, which samples may be subjected to the tests provided for in these
Specifications to determine their quality and fitness for the work. Subsequent deliveries shall be equal in
all respects to the samples submitted.
BID NO: 32-00/01
DATE: 06/01101
Cl1Y OF MIAMI BEACH
29
Section 3
AWARD AND EXECUTION OF CONTRACT
3.1 Consideration of Bids - For the purpose of award, after the Proposals are opened and read,
the correct summation of the products of the approximate quantities shown in the Proposal, by the writ bid
prices, will be considered the bid. The amounts will then be compared and the results of such comparison
will be available to the public. Until the final award of the Contract, however, the right will be resetVed to
reject any or all Proposals and to waive technical errors as may be deemed best for the interests of the City.
3.2 Award of Contract - The award of the Contract, if it be awarded, will be the lowest
re8pollS1b1e Bidder whose Proposal shall comply with all the requirements necessaI)' to render it formal. The
award, if made, will be within ninety (90) days after the opening of the Proposals, but in no case will an
award be made until all necessary investigations are made as to the responsibility of the Bidder to whom
it is proposed to award the Contract.
3.3 Return of Proposal Guaranties - All Proposal guaranties will be returned immediately
following the tabulation of Bids, except those of the three lowest Bidders. These guaranties will be returned
within ten (10) days following the award of Contract, except that of the successful Bidder, which will be
returned after a satisfactory Bond has been furnished and the Contract has been executed unless surety is
forfeited because of bid withdrawal.
3.4 Contract Bond Reouired - The successful Bidder entering into a Contract for any portion
of the WOtK will be required to give the City Surety in a sum equal to the amount of the Contract awarded.
The form of the Bond shall be as approved by the City, and the Surety shall be acceptable to the City, and
executed on the fonn furnished.
In case of default on the part of the Contractor, actions for all expenses incident to ascertaining and
collecting losses under the bond, including both Engineering and Legal services, shall lie against the bond.
3.5 Execution of Contract and Pavment Bond - Within ten (10) days after the Contract has
been awarded, the successful Bidder shall sign the necessary agreements, entering into a Contract with the
City, and return them to the City Engineer. No proposal will be considered binding upon the City until the
execution of this Contract.
3.6 Failure to Execute Contract - Failure to execute a Contract and file an acceptable Bond as
provided herein within ten (10) days from date of award shall be just cause for the annulment of the award
and the forfeiture of the Proposal Guaranty to the City, not as a penalty, but in liquidation of damages
sustained. Award may then be made to the next lowest responsible Bidder or the WOtK may be re-
advertised or may be constructed by day labor, as the City may decide.
BID NO: 32-00/01
DATE: 06/01101
CITY OF MIAMI BEACH
30
.
3.7 Evidence of Authority - Before a Contract is executed the Bidder will be required to furnish
certified copies of:
Excerpts from the By-Laws;
Excerpts from the Minutes or Resolutions of the Governing Body;
Power of Attorney appointments,
and/or other satisfactory evidence of the authority of all persons signing Contracts or Bonds to execute such
documents, and of the companies bound thereby to do business in the State of Florida.
BID NO: 32-00/01
DATE: 06101/01
CITY OF MIAMI BEACH
31
Section 4
SCOPE OF THE WORK
4.1 Intent of Plans and Specifications - The intent is to prescribe a complete work of
improvement which the Contractor Wldertakes to do. The Contractor shall do all the work indicated in the
Proposal and on the Plans, and such additional, extra, and incidental work as may be necessary to complete
the Work to the finished lines, grades, cross-sections, and dimensions indicated, in a substantial and
acceptable manners, and when completed, shaH remove all swplus and discarded material and equipment
and leave the site of the Wode in a neat, acceptable and finished condition. He shall finnish. unless otherwise
provided in "Special Provisions," al implements, machinery, equipment, transportation, tools, materials,
supplies, labor, and other things necessary to the prosecution and completion of the Work.
He shall maintain the finished Work Wltil its fonna1 acceptance by the City, as herein provided, and
twn it over to the City as a whole, complete, free from defects, and ready for use in full compliance with
the Plans, these Specifications, the Special Provisions, Proposal, and Contract.
4.2 Special Work - Proposed construction or requirements not covered by these Specifications
wiH be covered by "Special Provisions" and performed or complied \\ith by the Contractor.
4.3 Alteration of Plans or of Character of Work - The right is reserved for the Engineer to
make from time to time such alterations in the Plans or in the character of the work as may be considered
necessary or desirable to complete fully and perfectly the proposed COIblruction and such alterations shall
not be considered as a waiver of any conditions of the contract, nor to invalidate any of the provisions
thereof. Should such alterations in the Plans result in an increase or decrease of the quantity of work to be
performed, and should added or eliminated work be of the same character as that shown on the original
plans, the Contractor shall accept payment in full at the Contract Unit Price for the actual quantities of the
work done. Should an alteration be a change in the character of the wade, an equitable sum to be agreed
upon, in writing by the Contractor and the Engineer before such work is begun, shall be added to or
deducted from the Contract Price, as the case may be. No allowance "ill be made for anticipated profits.
4.4 Extra Work - The Contractor shall perform unforeseen wade, for which there is no quantity
and price included in the Contract, whenever it is deemed necessary or desirable to complete fully the Wode
as contemplated, and such extra work shall be performed in accordance with the Specifications and/or as
directed; provided, however, that before any "Extra Work" is started a "Supplemental Agreement shall be
signed by both contracting parties, or a written order from the Engineer to do the Wode on a "Force
AccoWlt" Basis given the Contractor.
BID NO: 32-00/01
DATE: 06/01/01
CITY OF MIAMI BEACH
32
4.5 Removal and Disoosal of Structure and Obstructions - The Contractor will remove all
obstructions that may come in the way of the contemplated improvements, such as pavements, sidewalks,
fences, buildings, trees, roots, stumps, logs, old f01mdations or piling, and other obstructions encountered
either above or below the surface of the ground and dispose of them in such manner as the Engineer may
direct.
All work prescribed and involved under this heading shall be considered as incidental to and
included in the unit price bid for the particular Work in which it is involved and no additional payment will
be made therefore unless otherwise specifically provided in the Special Provisions.
4.6 Riehts in and Use of Materials Found on the Work - The Contractor, with the approval
of the Engineer, may use in the proposed construction such sand or other material suitable in the opinion
of the Engineer, as may be found in the excavation and will be paid for the excavation of such material at
the corresponding contract unit price therefore, but he shall replace at his own expense with other suitable
material all of that portion of the material so removed and used as was contemplated for use in
embankments, back-fills, approaches, or otherwise. No charge for materials so used will be made against
the Contractor except the replacement herein provided for. The Contractor shall not excavate or remove
any material which is not within the excavation, as indicated, without written authorization from the Engineer.
Materials in old structures removed by the Contractor to allow the construction of new structw'es, and not
needed by the City" may be used by the Contractor during construction. Such materials are the property
of the City and shall not be cut or otherwise damaged during use or removal, and shall afterwards be
disposed of by the Contractor as directed by the Engineer.
BID NO: 32-00/01
DATE: 06/01101
CITY OF MIAMI BEACH
33
Section 5
CONTROL OF THE WORK
5.1 Ene:ineer as Referee - To prevent all disputes and litigations, it is agreed by the parties
hereto that the said Engineer shall decide all questions, difficulties, and disputes, of whatever nature, which
may arise relative to the interpretation of the Plans, construction, prosecution and fulfillment of this Contract,
and as to the character, quality, amount, and value of any work done, and materials furnished, lDlder or by
reason of this Contract, and his estimates and decisions upon all claims, questions, and disputes shall be final
and conclusive upon the parties thereto.
5.2 Plans - The approved Plans will be supplemented by such working <hawings as are necessary
to adequately control the Wark. It is mutually agreed that all authorized alterations affecting the
requirements and infonnation given on the approved plans shall be in writing. No changes shall be made of
any plan or <hawing after the same has been approved by the Engineer, except by direction of the Engineer.
Working Drawings for any structure shall consist of such detailed plans as may be required for the
prosecution of the WOIK and are not included in the Plans furnished by the Engineer. They shall include shop
details, erection plans, masonry layout diagrams and bending diagrams for reinforcing steel, approval of
which by the Engineer must be obtained before any work involving these plans shall be performed. Plans
for cribs, cofferdams, falsework, centering, and form work may also be required, and in such cases shall
be likewise subject to approval unless approval be waived by the Engineer.
It is lDlderstood, however, that approval by the Engineer of the Contractor's working drawings
does not relieve the Contractor of any responsibility for accuracy of dimensions and details, or of mutual
agreement of dimensions and details. It is mutually agreed that the Contractor shall be responsible for
agreement and conformity of his working drawings with the approved Plans and Specifications.
The Contract price shall include the cost of furnishing all working drawings and the Contractor will
be allowed no extra compensation for such <hawings.
5.3 Confonnitv with Plans and Allowable Deviations - The finished work in all cases shall
conform with lines, grades, cross-sections, and dimensions Slown on the approved Plans; any such
deviations from the approved Plans and working drawings as may be required by the exigencies of
construction will in all cases be determined by the Engineer and authorized in writing.
5.4 Coordination of Plans. Specifications. and Special Provisions - These Specifications,
the Plans, Special Provisions, and all supplementary documents are essential parts of the Contract and a
requirement occwring in one is as binding as though OCC1.llTing in all. They are intended to be cooperative,
to describe and provide for a complete Work. In case of discrepancy, figured dim~ions shall govem over
scaled dimensions. Plans shall govern over Specifications, Special Provisions shall govern over both
Specifications and Plans.
BID NO: 32-00/01
DAlE: 06/01101
COY OF MIAMI BEACH
34
5.5 Cooperation of Contractor - The Contractor will be supplied with copies of the Plans,
Specifications, and Special Provisions. The Contractor shall have available on the Work at all times, one
copy each of said Plans and Specifications and Special Provisions; he shall give the Work the constant
attention necessary to facilitate the progress thereof and shall cooperate with the Engineer and with other
contractors in every way possible. The Contractor shall at all times have a competent English-speaking
Superintendent., capable of reading and thoroughly understanding the Plans and Specifications, as his agent
on the Work, who shall receive instructions from the Engineer or his authorized representatives. The
Superintendent shaD have full authority to execute the orders or directions of the Engineer without delay and
to promptly supply such materials, tools, plant., equipment., and labor as may be required. Such
Superintendent shaD be furnished irrespective of the amomt of work sublet
5.6 InsDectors - Inspectors employed by the Engineer shall be authorized to inspect all work
done and materials furnished. Such inspection may extend to all or any part of the Work and to the
preparation or manufacture of the materials to be used. An inspector may be stationed on the Work to
report to the Engineer as to the progress of the Work and the manner in which it is being performed; also
to report whenever it appears that the materials furnished and work performed by the Contractor fail to
fulfill the requirements of the Specifications and Contract., and to call to the attention of the Contractor any
such failme or other infringements. Such inspection, however, shall not relieve the Contractor from any
obligation to perfonn all the Work strictly in accordance with the requirements of the Specifications. In case
of any dispute arising between the Contractor and the Inspector as to material furnished or the manner of
perfonning the Wark, the Inspector shall have the authority to reject materials or suspend the Work mtil
the question at issue can be referred to and decided by the Engineer. The Inspector shall perform such
other duties as are assigned to him. He shall not be authorized to revoke, alter, enlarge, relax, or release
any requirements of these Specifications, not to approve or accept any portion of work, nor to issue
instructions contrary to the Plans and Specifications. The Inspector shall in no case act as Foreman or
perform other duties for the Contractor, nor interfere with the management of the Work by the latter. Any
advice which the Inspector may give the Contractor shall in no way be construed as binding the Engineer
in any way, nor releasing the Contractor from fulfillment of the terms of the Contract. Ordinarily one
Inspector will be employed by the City for each section of the Work mder Contract; but if, on accomt of
any apparent disregard of these Specifications, additional Inspectors shall be required, they will be
employed by the City at the rate of $150.00 per diem each, and the cost of same charged to the Contractor
and deducted from the final payment.
5.7 InsDemon - The Contractor shall furnish the Engineer with every reasonable facility for
ascertaining whether or not the work performed and materials used are in accordance with the requirements
and intent of the Specifications and Contract. If the Engineer requests it, the Contractor shall at any time
before final acceptance of the Work remove or Wlcover such portions of the finished Work as may be
directed. After examination the Contractor shall restore said portions of the Work to the standard required
by the Specifications. Should the Work thus exposed or examined prove acceptable, the mcovering or
removing, and the replacing of the covering or making good of the parts removed, shall be paid for as "Extra
Work," but should Ihe work so exposed or examined prove unacceptable, the WlCOVering or removing and
the replacing of the covering or making good of the parts removed, shall be at the Contractor's expense.
No work shall be dme nor materials used without suitable supervision or inspection by the Engineer or his
BID ~O: 32-00/01
DATE: 06/01101
CITY OF MIAMI BEACH
35
representative. Failure to reject any defective work or material shall not in any way prevent later rejection
when such defect be discovered, or obligate the City to final acceptance.
5.8 Fallure to Remove and Renew Defective Materials and Work - Should the Contractor
fail or refuse to remove and renew any defective materials used or work performed, or to make any
necessaty repairs in an acceptable manner and in accordance with the requirements of these Specifications
within the time indicated in writing, the Engineer shall have the authority to cause the tmacceptable or
defective materials or work to be removed and renewed, or such repairs as may be necessary, to be made
at the Contractor's expense. Any expense incurred by the City in making these removals, renewals or
repairs, which the Contractor has failed or refused to make, shall be paid for out of any monies due or
which may become due the Contractor or may be charged against the "Contract Bond" deposited; and
continued failure or refusal on the part of the Contractor to make any or all necessary repairs promptly,
fully, and in an acceptable manner shall be sufficient cause for the Board, at its option, may purchase
materials, tools, and equipment and employ labor or may contract with any other individual, finn, or
corporation to perform the Work. All costs and expenses incurred thereby shall be charged against the
defaulting Contractor and the amount thereof deducted from any monies due or which may become due
him, or shall be charged against the "Contract Bond" deposited. Any work performed, as described in this
paragraph, shall not relieve the Contractor in any way from his responsibility for the work performed by
him.
5.9 Final Inspection - Whenever the Work provided and contemplated by the Contractor shall
have been satisfactorily completed and the final cleaning up performed, the Engineer shall within ten (10)
days, unless otherwise provided, make the final inspection.
BID NO: 31-00/01
DATE: 06/01101
CfIY OF MIAMI BEACH
36
Section 6
CONTROL OF MATERIALS
6.1 Source of Supply and Oualitv of Materials - At the option of the Engineer the somce of
supply for each of the materials shall be approved by the Engineer before the delivery is started.
Representative preliminary samples of the character and quality described shall be submitted by the
Contractor or producer for examination and tested in accordance with the methods referred to \Dlder
Samples and Tests, Paragraph 6.2. Only materials conforming to the requirements of these Specifications
and approved by the Engineer shall be used in the Work. All materials proposed to be used may be
inspected or tested at any time during their preparation and use. If, after trial, it is fO\Dld that somces of
supply which have been approved do not furnish a unifonn product, or if the product from any somces
proves lUlacceptable at any time, the Contractor shall furnish approved material from other approved
sources. No material which after approval has in any way become unfit for use shall be used in the Work.
6.2 Samples and Tests - For the purpose of assisting his judgment the Engineer may require any
or all materials to be subject to test by means of samples or otherwise as he may detennine. The
Contractor shall affonl such fucilities as the Engineer may require for collecting and forwarding samples and
shall not make use of or incoIpOrate in the Work any material represented by the samples \Dltil the tests
have been made and the materials fO\Dld in accordance with the requirements of the Specifications and are
acceptable. The Contractor in all cases shall furnish and deliver the required samples without charge.
Samples shall be finnished sufficiently in advance so that the results of the required tests may be secured
prior to the incorporation of the material in the Work.
The manner of collecting and testing samples, as well as all apparatus and equipment used for this
purpose, shall conform to the A.S.T.M. Current Standards or Tentative Standards, as the case may be,
insofar as these are applicable - unless specifically stated otherwise.
6.3 Storae:e of Materials - Materials shall be stored so as to insure their preservation and quality
and fitness for the work, and shall be so located as to facilitate prompt inspection. Materials improperly
stored may be rejected without testing.
6.4 Defective Materials - All materials not conforming to the requirements of these
Specifications shall be considered as defective and all such materials, whether in place or not, shall be
rejected and shall be removed immediately from the site of the Work, unless otherwise pennitted by the
Engineer. No rejected material, the defects of which have been subsequently corrected, shall be used \Dltil
approval has been given. Upon failure on the part of the Contractor to comply with any order of the
Engineer made \Dlder the provisions of this article, the Engineer shall have authority to remove and replace
defective material and to deduct the cost of removal and replacement from any monies due or to become
due the Contractor.
BID NO: 32-00/01
DATE: 06101101
CITY OF MIAMI BEACH
37
Section 7
LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
7.1 Laws to be Observed - The Contractor must familiarize himself and comply with all Federal,
State, County, and City laws, ordinances, or regulations, and govem himself accordance with them. He shall
indemnify and hold hannless the City, the Architects and all of its officers agents, and servants against any
claims or liability arising from, or based on, the violation of any such laws, by-laws, ordinances, regulations,
orders, or decrees, whether by himself or his employees.
7.1.1 The requirement of Chapter 31A, Section 27-31 Prevailing Wage is a requirement
of many construction contracts that exceed $1,000,000.00.
7.1.2 PUBLIC ENTITY CRIMES
A person or affiliate who has been placed on the convicted vendor list following
a conviction for public entity crimes may not submit a bid on a contract to provide
any goods or services to a public entity, may not submit a bid on a contract with
a public entity for the construction or repair of a public building or public work,
may not submit bids on leases of real property to public entity, may not be
awarded or perform work as a contractor, supplier, sub-contractor, or consultant
Wlder a contract with a public entity , and may not transact business with any public
entity in excess of the threshold amount provided in Sec. 287.017, for
CATEGORY TWO for a period of 36 months from the date of being placed on
the convicted vendor list.
7.1.3 VENDOR APPLICATION
Prospective bidders should register with the DemandStar.com (the City's Vendor
Database Management firm); this will facilitate their receipt of futme notices of
solicitations when they are issued. Potential bidders may contact DemandStar.com
at (800) 711-1712 or register on-line at www.demandstar.com
It is the responsibility of the bidder to infonu DemandStar.com concerning any
changes, such as new address, telephone number, or commodities.
7.2 Permits.. Licenses. Occupational Licenses - The Contractor shall procure all pennits and
licenses as required, however, there will be no charge for the construction permits issued by the City of
Miami Beach. The Contractor shall also give all notices necessary and incident to the due and lawful
prosecution of the Work.
7.3 Patented Devices. Materials. and Processes - It is mutually understood and agreed that
without exception contract prices are to include all royalties and costs arising from patents, trademarks, and
copyrights in any way involved in the Work. It is the intent that whenever the Contractor is required or
desires to use any design, device, material, or process covered by letters, patent or copyright, the right for
BID NO: 31-00/01.
DATE: 06101101
CITY OF MIAMI BEAm
38
such use shall be provided for by suitable legal agreement with the patentee or owner, and a copy of this
agreement shall be filed with the Engineer; however, whether or not such agreement is made or filed as
noted, the Contractor and the Surety in all cases shall indemnify and save hannless the City from any and
all claims for infringement by reason of the use of any such patented design, device, material, or process,
to be performed Wlder the Contract, and shall indemnify the said City for any costs, expenses, and damages
which it may be obliged to pay, by reason of any such infringement, at any time during the prosecution or
after completion of the Work.
7.4 Rie:ht ofWav - In cases where the Work is done on private property the City guarantees the
Contractor the right-of-way for the construction of the W OIk, but the Contractor must take all precautions
not to inconvenience the tenant or property owner any more than necessary. The right is reserved to omit
any sections of the WOIk which depend upon a right-of-way grant in case such right-of-way is denied the
City.
The Contractor shall have no claims for damage due to delay by the City in furnishing necessary
right-of-way, but should any such delay occur the Contractor shall be entitled to such extension of time for
the completion of his Contract as may be determined by the City to be reasonable.
In case of damage to the work on account of work so done, the Engineer may direct the
Contractor to make the necessary repairs, and payment for such repairs will be made as provided Wlder
"Extra Work." Should the Contractor refuse or neglect to make the said repairs within the time specified,
the Engineer shall have the authority to cause such repairs to be made, in which case the Contractor shall
not be relieved in any way from his responsibility for the work performed by him.
7.S Restoration of Surfaces Opened bv Permit - Any individual, finn, or corpomtion wishing
to make an opening in the street must secure a permit from, and will be required to deposit security with,
the Engineer, in a suitable amount to cover the cost of making the necessary repairs, and the Contractor
shall not allow any person or persons to make an opening tmless a duly authorized permit from the City is
presented.
The right is reserved to lay in the street or to repair any sewer, drain, conduit, main, or service pipe
or their accessories at any time before the completion of the Work. The Contractor is to exercise such
supervision thereof as will protect him against defects in the finished Work.
In case of damage to the work on account of work so done, the Engineer may direct the
Contractor to make the necessary repairs, and payment for such repairs will be made as provided Wlder
"Extra Work." Should the Contractor refuse or neglect to make the said repairs within the time specified,
the Engineer shall have the authority to cause such repairs to be made, in which case the Contractor shall
not be relieved in any way from his responsibility for the work performed by him.
BID NO: 32-00/01
DATE: 06/01/01
CITY OF MIAMI BEACH
39
7.6 Sanitary Provisions - The Contractor shall provide and maintain at his own expense, in a
sanitary condition, such accommodations for the use of his employees as is necessary to comply with the
requirements and regulations of State and CoWlty Boards of Health. He shall commit no public nuisance.
7.7 Public Convenience and Safety - The Contractor shall conduct the Work so as to insure
the least obstruction to traffic practicable, and shall provide for the convenience of the general public and
of residents along and adjacent to the Work in a manner satisfactory to the Engineer. Materials and
equipment stored upon the Work shall be placed so as to cause as little obstruction to the public as possible
and shall be lighted and barricaded as hereinafter provided.
7.8 Closin2 Streets - Streets shall not be closed except when and where directed by the
Engineer, and whenever the street is not closed the Work must be so conducted that there shall at all times
be a safe passageway for traffic. Whenever it is necessary to divert traffic from any part of the Work the
Contractor shall provide and maintain a passable driveway as directed by the Engineer.
Suitable banicades, danger warnings, detour signs, etc., as hereinafter provided, shall be maintained
by the Contractor in all cases and the Engineers office and the Fire Department shall immediately be notified
by telephone or otherwise upon the closing and/or opening of each street or section thereof.
7.9 Barricades. Wamin2s. and Detour Shms - The Contractor shall provide, erect, and
maintain, at his own expense, barricades, danger warnings, and detour signs whenever they may be
necessary. He shall place sufficient lights on and/or near the Work and keep them bwning from twilight to
sunrise; shall erect suitable barricades, railings, fences, and/or other protection about the Work; provide
all watchmen by day or night and take all other precautions that may be necessary; shall maintain proper
guards and lights for the prevention of accidents upon materials, supplies, and equipment, and take all other
precautions that may be necessary for the proper protection of the Work and public convenience and
safety. All safety signs, necessary lighting and temporary fencing aroWld work areas shall be installed and
maintained and work performed in accordance with OSHA requirements while the job is in progress.
Streets closed to traffic shall be protected by effective barricades on which shall be placed
acceptable warning signs. The Contractor shall provide and maintain acceptable warning and detour signs
at all closures, intersections, and along the detour routes, directing the traffic aroWld the closed portion or
portions of the Work, so that the temporary detour route or routes shall be indicated clearly throughout its
or their entire length.
7.10 Fire Hydrants. Gutters. Etc. - Fire hydrants on or adjacent to the Work shall be kept
accessible to the fire apparatus at all times and no material or obstructions shall be placed within ten (10)
feet of any such hydrant. Adjacent premises must be given access as far as practicable, and obstruction
of sewer inlets, gutters, and ditches will not be permitted.
BID NO: 32-00/01
DATE: 06/01101
CITY OF MIAMI BEACH
40
7.11 Use of Explosives - Unless otherwise expressly stipulated herein, the use of explosives
is not contemplated in the prosecution of this Contract, and in no case will their use be permitted without
the written pennission of the City Engineer and a permit issued by the Chief of the Fire Department
Where such permission for the use of explosives is obtained the Contractor shall use the utmost
care so as not to endanger life or property, and whenever directed the number and size of the charges shall
be reduced. All explosives shall be stored in a secure manner, and all such storage places shall be marked
clearly, "DANGEROUS EXPLOSIVES," and shall be in the care of competent watchmen.
7.12 Preservation of Prooertv - The Contractor shall preserve from danger all property along
the line ofWorlc, the removal or destruction of which is not called for by the Plans. This applies to public
utilities, trees, lawns, buildings, fences, bridges, pavements, and other structmes, monuments, pipe,
undergroWld structmes, etc., and wherever such property is damaged due to the activities of the Contractor
it shall be immediately restored to its original condition by the Contractor and at his own expense.
The Contractor shall give due notice to any department or public service corporation controlling
manholes, valve jackets, meter boxes, street momnnents, etc., prior to adjusting them to grade, and shall
be held strictly liable to the City if any such appliances are covered up dwing the construction of the Worlc.
In such case of failure on the part of the Contractor to restore any such property, or make good
any damage or injury thereto, the Engineer may, upon forty-eight hours' notice, proceed to repair, rebuild,
or othetWise restore such property as may be deemed necessary and the cost thereof will be deducted from
any monies due or which may become due the Contractor under this Contract Nothing in this clause shall
prevent the Contractor from receiving proper compensation for the removal or replacement of any public
or private property when same is made necessary by alteration of grade or alignment, and such work is
authorized by the Engineer, provided that such property has not been damaged through fault of the
Contractor, his employees, or agents.
7.13 Responsibility for Damae:e. Etc. - The Contractor shall indemnifY and save hannless the
City, the Board, and all of its officers, agents, and employees from all suits, actions, or claims of any
character, name, and description brought for, or on acCOWlt of, any injuries or damages received or
sustained by any person, persons, or property by or from the said Contractor, or by, or in consequence
of, any neglect in safeguarding the Work, or through the use of unacceptable materials in the construction
of the improvement, or by, or on accoWlt of any act of omission, neglect, or misconduct of the said
Contractor, or by, or on acCOWlt of, any claims or amoWlts recovered for any infringement of patent,
trademark, or copyright, or from any claims or amm.mts arising or recovered under the "Workmen's
Compensation Law" or any other laws, by-laws, ordinance, order or decree, and so much of the money
due the said Contractor Wlder and by virtue of his Contract as shall be considered necessary by the
Engineer may be retained for the use of the City, or in case no money is due, his surety shall be held until
such suit or suits, action or actions, claim or claims, for injuries or damages, as aforesaid, shall have been
settled and suitable evidence to that effect finnished to the Engineer.
BID NO: 32-00/01
DATE: 06/01101
CI1Y OF mAMI BEACH
41
The Contractor guarantees the payment of all just claims for materials, supplies, tools, labor, and
other just claims against him or any subcontractor in connection with this Contract and his bonds will not
be released by final acceptance and payment by the City unless all such claims are paid or released.
7.14 Contractor Resoonsibilitv for Work - Until acceptance of the Work by the Board it shall
be mder the charge and care of the Contractor and he shall take every necessary precaution against injury
or damage to any part thereofby the action of the elements or from any other cause whatsoever arising from
the execution or from the non execution of the Work. The Contractor shall rebuild, repair, restore, and
make good, at his own expense, all injuries or damages to any portion of the Work occasioned by any of
the above causes before its completion and acceptance except such ordinary wear and tear as may be due
to use on sections opened for service, as hereinafter provided.
7.15 Openine: of Section of Work for Service - Whenever, in the opinion of the Engineer, any
portion of the Work is in acceptable condition for use it shall be opened for service as may be directed and
such opening shall not be held to be in any way an acceptance of the work or any part of it or as a waiver
of any provisions of these Specifications and Contract. Necessary repairs or renewals made on any section
of the Work due to its being opened for use tmder instructions from the Engineer, to defective materials or
work, or to natural causes other than ordinary wear and tear, pending completion and acceptance of the
Work, shall be performed at the expense of the Contractor.
7.16 No Waiver of Lee:al Rie:hts - The City reserves the right, should an error be discovered
in the partial or final estimates, or should conclusive proofs of defectiye work or materials used by or on
the part of the Contractor be discovered after the final payment has been made, to claim and recover by
process of law such sums as may be sufficient to correct the error or make good the defects in the work
and materials.
7.17 Liabilities and Duties of Contractor Not Limited - The mention of any specific duty or
liability upon the Contractor in any part of the Specifications shall not be construed as a limitation or
restriction upon genernlliability or duty imposed upon the Contractor by the Specifications, said reference
to any specific duty or liability being for pwposes of explanation only. No waiver of any breach of the
Contract shall constitute a waiver of any subsequent breach of any part thereof, nor of the Contract.
BID NO: 32-00/01
DATE: 06101101
CITY OF MIAMI BEACH
42
Section 8
PROSECUTION AND PROGRESS
8.1 Sublettine or Assll!lline Contracts - The Contractor will not be pennitted to sublet, assign,
sell, transfer, or otherwise dispose of the Contract or any portion thereof, or of his right, title, or interest
therein to any individual, finD, or corporation without the written consent of the Board. In case such
approval is given the Contractor must file with the Engineer copies of all sub-Contracts. No sub-Contracts
or transfer of Contract shall in any case release the Contractor of his liability under this Contract and Bond.
8.2 Proeress of Work - It is understood and agreed that the Contractor shall commence work
not later than the time limit for beginning as set forth in the attached Proposal, and shall provide an adequate
force of labor and equipment to prosecute the Work at as many different points as may be deemed
necessary by the Engineer so as to insure the completion of the same within the time limit for completion as
set forth in the attached Proposal or Contract, except that where the Contractor has more than one
uncompleted Contract with the City, he is not to commence another Contract nor place materials on the
streets thereof without the consent of the Engineer.
8.3 Limitations of ()perations - The work is to be confined, at anyone time, to five squares, not
to exceed 1,500 feet in length; and while the work is actually going on, as much as half this length may be
barricaded to entirely exclude traffic, but not over half; nor will two consecutive street intersections be
allowed to be entirely closed to exclude traffic except by written consent of the Engineer. Street traffic is
not to be needlessly obstructed but no street is to be opened to traffic until the Engineer gives his consent.
The Contractor may erect or maintain along the lines of his work such tool boxes, sheds, storehouses, or
other buildings as may be necessary, provided such structures do not interfere with the reasonable use of
the streets or sidewalks. The size, location, and construction of these must be subject to the approval of
the Engineer.
The Contractor hereby agrees to arrange his work and dispose his materials so as not to interfere
with the operations of other contractors engaged upon adjacent work and to join his work to that of others
in a proper manner in accordance with the spirit of the Plans and Specifications, and to perform his work
in the proper sequence in relation to that of other Contractors, all as may be directed by the Engineer.
Each Contractor shall be held responsible for any damage done by him or his agents to the work
performed by another Contractor. Each Contractor shall so conduct his operations and maintain the Work
in such condition that adequate drainage shall be in effect at all times.
8.4 Character of Workmen and Eauipment - The Contractor shall employ such
superintendents, foremen, and workmen as are careful and competent. Whenever the Engineer shall
detennine that any person employed by the Contractor is, in his opinion, incompetent, unfaithful, disorderly,
or insubordinate such person shall, upon notice, be discharged from the Work and shall not again be
employed on it except with written consent of the Engineer.
BID NO: 32-00/01
DATE: 06101101
CITY OF MiAlW BEACH
43
All worlcmen must have sufficient skill and experience to properly petform the worle assigned them.
All worlanen engaged on special worle or skilled work, or in any trade, shall have had sufficient experience
in such work to properly and satisfactorily petform it and to operate the equipment involved, and shall make
due and proper effort to execute the W orle in the manner prescnbed in these Specifications. OtheJWise the
Engineer may take action as above prescribed.
Should the Contractor fail to remove such person or persons, or fail to fiunish suitable or sufficient
machinery, equipment, or force for the proper prosecution of the Work, the Engineer may withhold all
estimates which are or may become due, or may suspend the W orle Wltil such orders are complied with.
The equipment used on any portion of the Worle shall be such that no injwy to the roadway, adjacent
property, or other highways will result from its use; and no item of machinery or equipment, after once being
place on the Work, shall be removed without the consent of the Engineer.
8.S Temoorary Suspension of Work - The City or Engineer shall have the authority to suspend
the Work wholly or in part for such period or periods as may be deemed necessmy due to unsuitable
weather or such other conditions as are considered unfavorable for the suitable prosecution of the Work,
or for such time as is necessary due to the failure on the part of the Contractor to cany out orders given or
perform any or all provisions of the Contract. If it should become necessary to stop worle for an indefinite
period, the Contractor shall store all materials in such manner that they will not obstruct or impede the
traveling public wmecessarily, nor become damaged in any way, and he shall take every reasonable
precaution to prevent damage or deteriorntion of the worle performed; provide suitable drainage of the
roadway by opening ditches, shoulder drains, etc., and erect temporary structures where directed. The
Contractor shall not suspend the Work and shall not remove any equipment, tools, lumber, or other
materials without the written permission of the Engineer.
No allowance of any kind will be made for such suspension of worle except an equivalent extension of time
for completion of the Contract.
8.6 Computation of Contract Time for Completion of the Work - Contractor shall perform
fully, entirely, and in accordance with these Specifications the Worle contracted for within specified time
stated in the attached Proposal. In adjusting the contract time for the completion of the Work, the length
of time expressed in days, during which the prosecution of the W orle has been delayed in consequence of
any suspension of worle ordered by the Engineer, or omission of the Board and not by any fault of the
Contractor, shall be added to the contract time as set forth in the attached Proposal, all of which shall be
determined by the Engineer, and whose detennination shall be binding and conclusive upon both parties to
the Contract. If the satisfactory execution and completion of the Contract shall require worle or material
in greater value than set forth in the Contract, then the contract time shall be increased in the same rntio as
the additional value bears to the original value contracted for. No allowance shall be made for delay or
suspension of the prosecution of the W orle due to fault or negligence of the Contractor.
BID NO: 32-00/01
DATE: 06/01101
CfIY OF MIAMI BEACH
44
No claim for damages shall be made or allowed on account of delay or postponement occasioned by the
precedence of other contracts which may be either let or executed before the execution of the Contract,
or on account of the streets or structures adjacent to the Work not being in the condition contemplated by
the parties at the time of making the Contract, or on account of delay in the removal of obstructions; but
if the Contractor shall be delayed in the perfonnance of his work by reason of the streets or structures
adjacent to the Wark not being in condition contemplated, or on account of delay in the removal of
obstructions, or by reason of the Work or any part thereof being suspended on account of other contracts,
or for any other reason, such allowance of time will be made as the Engineer shall deem reasonable.
8.7 Failure to Complete the Work on Time - The Work to be done under this Contract is to
be begtm. on or before the date set forth in the attached Proposal, and shall be prosecuted with proper
dispatch towards completion to the satisfaction of the Engineer, and is to be fully completed within the time
limit set forth in the attached Proposal, and it is understood and agreed that the time limit for the completion
of said Work is of the essence of the Contract, and should the Contractor fail to complete the Work on or
before the date specified it is agreed that for each calendar day that any work shall remain uncompleted,
after the time specified in the attached Proposal, with any extension of time which may be allowed by the
Engineer for the completion of the Work provided for in these Plans, Specifications, Special Provisions, and
Contract, the swn per day given in the following schedule shall be deducted from the monies due to the
Contractor, not as a penalty but as liquidated damages and added expense for supervision on each
Contract:
Amount of Liquidated Damages and Estimated Cost of Supervision Per Dav See Paragraph 3.2 of
Agreement
The Contractor shall take into account all contingent work which has to be done by other parties,
arising from any cause whatsoever, and shall not plead his want of knowledge of said cont!ngent work as
an excuse for delay in his work or for its non- perfonnance.
Nothing in this clause shall be construed as limiting the right of the Board to declare the Contract
forfeited, to take over the Work, or to claim damages for the failure of the Contractor to abide by each and
every one of the tenDs of this Contract as set forth and provided for in the General Provisions, Special
Provisions, and Specifications herein contained.
8.8 Annulment of Contract - If the Contractor fails to begin the Work under Contract within the
time specified, or fails to perform the Wark with sufficient workmen and equipment or with sufficient
materials to insure the prompt completion of said Work, or shall perform the Work unsuitably, or shall
neglect or refuse to remove materials or perform anew such work as shall be rejected as defective and
unsuitable, or shall discontinue the prosecution of the Work, or if the Contractor shall become insolvent or
be declared bankrupt, or commit any act of bankruptcy or insolvency, or allow any final judgement to stand
against him unsatisfied for a period of forty eight (48) horns, 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, the
BID NO: 31-00/01
DATE: 06101101
CITY OF MIAMI BEACH
45
Engineer may give notice in writing to the Contractor and his Surety of such delay, neglect, or defiwlt,
specifying the same, and if the Contractor, within a period of ten (10) days after such notice shall not
proceed in accordance therewith, then the Board shall upon written certificate from the Engineer of the fact
of such delay, neglect, or default and the Contractor's failme to comply with such notice, have full power
and authority, without violating the Contract, to take the prosecution of the work out of the hands of said
Contractor, to appropriate or use any or all materials and equipment on the ground as may be suitable and
acceptable and may enter into an agreement for the completion of said Contract according to the tenns and
provisions thereof, or use such other methods as in its opinion shall seem advisable for the completion of
said Contract in an acceptable manner. All costs and charges incurred by the Board, together with the
costs of completing the Wark under contract, shall be deducted from any monies due or which may become
due said Contractor. In case the expense so incurred by the Board shall be less than the sum which would
have been payable under the Contract if it had been completed by said Contractor, then the said Contractor
shall be entitled to receive the difference, and in case such expense shall exceed the sum which would have
been payable \Dlder the Contract, then the Contractor and the Surety shall be liable and shall pay to the City
the amount of said excess.
8.9 Termination of Contractor's RespOnsibility - This Contract will be considered complete
when all work has been completed, final inspection made, and the work accepted by the Board as
hereinafter provided. The Contractor will then be released from further obligation except as set forth in his
bond, and except as provided in Article 7.16 of these Specifications.
BID NO: 32-d0/Ol
DATE: 06/01101
CfIY OF MIAMI BEACH
46
Section 9
MEASUREMENT AND PAYMENT
9.1 Measurement of Quantities - All work completed under this Contract shall be measured
by the Engineer, according to United States Standard Measmes. All measurements shall be taken
horizontal or vertical, except for paving surfaces, which will be taken along the actual surface of the
pavement No allowance shall be made for surfaces laid over a greater area than authorized or for material
moved from outside of slope-stakes and lines shown on the Plans, except where such work is done upon
written instructions of the Engineer.
9.2 Scope of Pavments - It is understood and agreed that the Contractor shall receive and accept
the prices and rates, as herein specified, in full payment for furnishing all materials, labor, equipment, and
tools, and for perfonning all the Work contemplated and embraced in the attached Specifications and
Proposal, also for all loss or damage arising out of the nature of the Work aforesaid, or from the action of
the elements or for any unforeseen difficulties or obstructions which may arise or be encOlDltered in the
prosecution of the Work, until its final acceptance as hereinafter provided for, and also for all risks of every
description and all expenses incurred by or in consequence of the suspension or discontinuance of the Wark
as herein provided for, or for any infiingement of patent, trademark, or copyright, and for the completion
of the Work in accordance with the Plans, Specifications, and Contract.
9.3 Pavment and Compensation for Altered Quantities -When Alterations in Plans or
quantities of work not requiring Supplemental Agreements as hereinbefore provided for are ordered and
perfonned, the Contractor shall accept payment in full at the Contract unit price for the actual quantities of
work done; no allowance will be made for anticipated profits; increased or decreased work involving
Supplemental Agreements shall be paid for as stipulated in such agreement.
9.4 Force Account Work - All Extra Work done on a "Force Account" basis shall be perfonned
by such labor, teams, tools, and equipment as may be specified by the Engineer, and will be paid for in the
following manner:
(a) For all labor, teams, and foremen in direct charge of the specified operations, the Contractor
shall receive the current local rate of wages, to be agreed upon in writing before starting such work, for
every hour that said labor, teams, and foremen are actually engaged in such work, to which shall be added
an amoWlt equal to 15 percent of the sum thereof which shall be considered as full compensation for general
supervision and the finnishing and repairing of small tools and ordinary equipment used on the contract such
as picks, hand shovels, plows, etc. In addition to the above, the Contractor shall receive the actual cost for
Social Security Taxes, Unemployment Insurance, and Workmen's Compensation Insurance involved in such
force account work, based on the actual wages paid the said labor and foremen. No percentage will be
added to the cost of such taxes or insurance.
BID NO: 32-00/01
DATE: 06101/01
CfIY OF MIAMI BEACH
47
(b) For all materials used the Contractor shall receive the actual cost of such materials, delivered
at the site, as shown by the original receipted bills, but no percentage shall be allowed on the cost of such
materials.
(c) For any special equipment or machinery, such as power driven rollers, tractors, trucks, shovels,
drills, concrete mixers, pmnps, and hoists, also industrial milway equipment, crushers, etc., required for the
economical perfonnance of the work, the Engineer shall allow the Contractor a reasonable rental price to
be agreed upon in writing before such work is begun, for each and eveI)' hour that said special equipment
is in use on the work, to which swn no percentage shall be added.
The compensation as herein provided shall be received by the Contractor as payment in full for
Extra Work done on a force account basis.
The Contractor's representative and the Inspector shall compare records of extra work done on
a force account basis at the end of each day. Copies of these records shall be made in duplicate upon a
form provided for this purpose by the Inspector and signed by both the Inspector and the Contractor's
representative, one copy being forwarded, respectively, to the Engineer of his authorized representative,
and to the Contractor. All claims for extra work done on a force account basis shall be submitted as
hereinbefore provided by the Contractor upon certified statements, to which shall be attached original
receipted bills covering the costs of and the freight charges and hauling on all materials used in such work,
and such statements shall be submitted to the Engineer on the current estimate of the month in which work
was actually done.
9.5 Omitted Items - The City shall have the right to cancel the portions of the Contract relating
to the construction of any items therein by the payment to the Contractor of a fair and equitable amount
covering all items incurred prior to the date of cancellation or suspension of the work by order of the
Engineer.
9.6 Partial Payments - If the Work progresses according to Contract, the Contractor will be
paid monthly ninety (90) percent of the value of the work completed, and materials furnished by the
Contractor under these Specifications, when such materials have been delivered, inspected, and payments
satisfactorily vouched for to the Engineer, provided the materials, in the judgment of the Engineer, are such
as will probably be incorporated in the Work within thirty (30) days; ten (10) per cent of the amount due
being resetVed lIDtil a final settlement after the completion of the Work. Contractor shall provide PARTIAL
RELEASE OF LIENS with each Application for payment.
It is Wlderstood and agreed that the City may also deduct from any estimate, either partial or final,
the amount of any unsatisfied claim against the Contractor for labor, materials, teams, equipment and/or
other things as elsewhere provided herein.
Should any defective work or material be discovered previous to the final acceptance, or should
a reasonable doubt arise previous to the final acceptance as to the integrity of any part of the completed
BID NO: 31-00/01
DAlE: 06/01101
CI1Y OF MIAMI BEACH
48
work, the estimate and payment for such defective or questioned wotk shall not be allowed until the defect
has been remedied and causes for doubt removed. The monthly payments shall be approximate only, and
all partial estimates and payments shall be subject to correction in the final estimate and payment If the
total amount of the retained percentage of the Contract is greatly in excess of the uncompleted portion of
the Contract the Engineer may allow the Contractor a portion of the suspended payment, provided that the
City shall at all times retain an amount sufficient to enable it to complete the uncompleted wotk in the
Contract and liquidate unsatisfied claims.
9.7 Acceptance and Final Pavment - Whenever the improvement provided for lDlder this
Contract shall have been completely performed on the part of the Contractor, and all parts of the Wotk
have been approved by the Engineer according to the Contract, and all trash, debris, equipment, and other
things used in the construction removed from the site of the construction and from the adjoining land, the
Engineer, after final inspection as provided herein, shall certify such fact to the Board in writing,
recommending the acceptance of the W otk.
Upon acceptance of the W otk by the Board, a Final Estimate showing the value of the W otk will
be prepared by the Engineer as soon as the necessary measurements and computations can be made all
prior certificates or estimates upon which payments have been made being approximate only and subject
to correction in the Final Estimate.
The amount of the Final Estimate, less any sums that may have been deducted or retained under
the provisions of this Contract, will be paid to the Contractor within thirty (30) days after the Final Estimate
has been approved by the Board, provided that the Contractor has furnished to the Board a sworn affidavit
to the effect that all bills are paid and no suits are pending in connection with the W otk done under this
Contract. Upon this final payment the City is to be released from all liability whatever growing out of this
Contract.
No final payment shall be made without the submittal of the following dOCtmlents: the
FINAL RELEASE OF LIEN, THE FINAL RELEASE OR LETTER OF APPROVAL OF THE
SURETY COMPANY, the FINAL CERTIFICATE OF COMPLETION or FINAL
CERTIFICATE OF OCCUPANCY FROM THE BUILDING OFFICIAL, a LETTER OF FINAL
COMPLETION or LETTER OF FINAL ACCEPTANCE from the AlE of record, approved by the
City.
BID NO: 32-00/01
DATE: 06/01101
COY OF MlAW BEACH
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Section 10
SPECIAL PROVISIONS
10.1 WORKMEN'S COMPENSATION: Before starting work the Contractor shall furnish
satisfactory evidence that he has complied with the W orkrnen's Compensation Act of the State
of Florida, and any amendments thereto, and all laws pertaining to the protection of his
employees.
10.2 BONDS: Bid and Contract Bonds will be required. A cashier's check, treasurer's check, bank
draft of any National or State bank, or Bid Bond payable to the order of the City of Miami
Beach executed by the bidder in the amount of not less than five (5%) percent of the total bid
shall accompany each proposal. The perfonnance and Payment Bonds shall each be in the
amount of one h\Dldred (100010) percent of the contract price, submitted by the successful bidder
and placed through a Miami Beach agency where practicable.
10.3 PROTECTION TO PUBUC: The Contractor shall erect and maintain barricades and
warning signs to protect the public during the course of the work.
The Contractor shall take every precaution to protect the abutting properties and minimize the
possibility of damage to same. Contractor shall be liable for restoration of all property including
City property.
10.4 LEGAL UABnlTY: All suits, actions, or claims of whatever nature which, may arise
occasioned either directly or indirectly by the work provided for under the Specifications herein,
shall be assumed by the Contractor and the City Commission and all its officers, agents,
employees shall be indemnified and saved harmless therefrom.
10.5 FAMILIARIZATION: The Contractor shall visit the site of proposed work in order to
become familiar with existing conditions at the site.
10.6 PERMITS: The Contractor shall procure all pennits and licenses as required, however, there
will be no charge for the construction pennits issued by the City of rvliami Beach.
10.7 CONFliCT BETWEEN SPECIAL PROVISIONS A. ~ GENER.\L PROVISIONS:
In case of conflict between the requirements of Special Pro"isions and General Provisions, the
requirements of the Special Provisions will prevail.
10.8 LIMITATIONS OF OPERATIONS:
No work shall be accomplished on Saturdays and Sundays. No work shall take place between
the hours of 6:00 p.m. and 7:00 a.m., however contractor may take necessmy precautions to
protect work already accomplished. Any work that the contractor finds necessmy to provide
during the above days and times, must obtain written pennission from the Property Management
Director or designated representative.
BID NO: 31-00/01
DATE: 06101/01
CfIY OF MIAMI BEACH
50
MIAMI BEACH CONVENTION CENTER
ITEM DESCRIPTION:
INSTALLATION OF COOLING TOWERS
Location
South East Chiller Roof
Specification
Suppy and InstaUation of four (4) complete cooling towers and support
frames and condenser water piping.
. Contractor shall supply and install four (4) Evapco Model # UBT 24-618B
cooling towers and support frames. (or Equal)
. Cooling towers to be designed, manufactured and independently certified to
withstand hurricane force winds of 125 pound per square foot or 250 mph.
. Contractor shall remove and dispose of existing cooling towers, piping &
construction debris.
. Contractor shall be responsible for all engineering specifications, drawings,
pennits, material, equipment, labor, electrical and phnnbing work to
successfully complete the job.
. Contractor shall be responsible for the connection of new tower controls to
Insight System 600 (Siemens Building Technologies Automated System).
. The cooling towers shall be all stainless steel constmction: stainless steel basin,
structure, hardware and side panels.
. The support frames shall be constructed of alumimnn.
. The cooling towers shall be equipped with an aluminum ladder,
vibration switches and safety cages.
Technical Data
Each cooling tower will consist of the following:
CJ Two (2) Fan Motors (30HP)
CJ Flume plate for independent cell operation.
CJ Air Flow (CFM) 251,000
CJ Pump Head (FT of Water) 17.2
CJ Evaporated Water Rate (gpm) 36.0
CJ Recommended Bleed Rate (gpm) 36.0
CJ Condensing piping must be coated with rust proofing primer and
painted.
~ Contractor must remove existing fire suppression system and install a new fire suppression
system per manufacture's and City of Miami Beach specifications. ~ Contractor must have a minimum of seven (7) years experience in repair and instaDation of
500+ ton chilled water systems.
~ Cooling Tower Equipment shaD have a minimum manufacturer's warranty of 5 years.
~ Bid warranty wiD include 1 year including labor and workmanship,
BID NO: 31-00/01
DATE: 06/01101
CfIY OF MIAMI BEACH
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DMSION 3. LOBBYISTS
Sec. 2-481. Definitions.
The following words, tenns 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:
Advismy 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-autonomolll authorities, boards and agencies as are
entrusted with the day-to-day policy setting, operation and management of certain defined fimctions or areas
of respollS1bility.
Commissioners means the mayor and members of the city commission.
Deparbnental personnel means the city manager, all assistant city managers, all deparbnent heads, the city
attorney, chief deputy city attorney and all assistant city attorneys; however, all departmental personnel
when acting in connection with administrntive hearings shall not be included for pmposes 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, dming the time period of the
entire decisio~making process on such action, decision or recommendation that foreseeably will be heard
or reviewed by the city commission, or a city board or committee. The tenn 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 fimctions. 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. ~
(a) All lobbyists shall, before engaging in any lobbying activities, register with the city clerlc. EveI}' person
required to register shall register on forms prepared by the clerk, pay a registration fee as specified in
appendix A and state Wlder 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 persomel sought to be lobbied; and
(5) The specific issue on which he has been employed to lobby.
(b) Any change to any infonnation originally filed, or any additional city conunissioner or personnel who are
also sought to be lobbied shall require that the lobbyist file an amendment to the registration fonns, although
no additional fee shall be required for such amendment. The lobbyist has a continuing duty to supply
infonnation and amend the forms filed throughout the period for which the lobbying occms.
(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.
(t) In addition to the registration fee required in subsection (a) of this section, registration of all lobbyists shall
be required prior to October I 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 (t) 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 or reimbursement for the appearance,
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DATE: 06/01/01
CITY OF MIAMI BEACH
53
whether direct, indirect or contingent, to express support of or opposition to any item, shall not be required
to register with the cleric as required by this section. Copies of registration fonns shall be finnished 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)
Sec. 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 connnission,
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 neighborllood associations. All speakers shall, however, sign up on fonns available 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)
Sec. 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)
Sec. 2-485. List of expenditures.
(a) On October 1 of each year, lobbyists shall submit to the city cleric 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 dwing the reporting period.
(b) The city cleric 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.
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CJIY OF MIAMI BEACH
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Commissioners or city personnel may not knowingly pennit 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 necessmy, 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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DATE: 06101101
C11Y OF MIA..W BEACH
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.
DIVISION 4. PROCUREMENT
Sec. 2-486. Cone of silence.
(a) Contracts for the provision of goods and services other than audit contracts.
(1) Definition. tlCone ofsilencetl is hereby defined to mean a prohibition on: (a) any comnumication
regarding a particular request for proposal (tlRFP"), request for qualifications (tlRFQ"), request for
letters of interest (tlRFLItI), or bid between a potential vendor, service provider, bidder, lobbyist,
or consultant and the city's professional staff including, but not limited to, the city manager and his
or her staff; and (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 professional
staff including, but not limited to, the city manager and his or her staff. Notwithstanding the
foregoing, the cone of silence shall not apply to competitive processes for the award of CDBG,
HOME, SlllP 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 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;
provided, however, that if the city commission refers the manager's recommendation back to the
city manager or staff for finther review, the cone of silence shall be reimposed Wltil such time as the
manager makes a subsequent written recommendation, or b) in the event of contracts for less than
$10,000.00, when the city manager executes the contract.
(3) Exceptions. The provisions of this ordinance shall not apply to oral communications at pre-bid
conferences, oral presentations before evaluation committees, contract discussions during any duly
noticed public meeting, public presentations made to the city commissioners during any duly noticed
public meeting, contract negotiations with city staff following the award of an RFP, RFQ, RFLI,
or bid by the city commission, or 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 docmnents. The bidder or proposer 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 professional staff including, but not limited
to the city manager and his or her staff, and (b) any oral communication regarding a
CfIY OF MIA.'W BEACH
56
BID NO: 32-00/01
DATE: 06/01101
particular FfP, RFQ, RFLI, or bid between the mayor, City commissioners or their
respective staffs and any member of the city's professional staff including, but not limited
to, the city manager and his or her staff. Notwithstanding the foregoing, the cone of silence
shall not apply to comnumications with the city attorney and his or her staff.
(2) Except as provided in subsections (b)(3) and (b)(4) hereof, a cone of silence shall be
imposed upon each RFP, RFQ, RFLI, or bid for audit services after the advertisement of
said RFP, RFQ, RFLI, or bid At the time of the imposition of the cone of silence, the city
manager or his or her designee shall provide for the public notice of the cone of silence. The
cone of silence shall tenninate a) at the time the city manager makes his or her written
recommendation as to the selection of a particular RFP, RFQ, RFLI, or bid to the city
commission; provided, however, that if the city commission refers the manager's
recommendation back to the city manager or staff for further review, the cone of silence
shall be reimposed until such time as the manager makes a subsequent written
recommendation, or b) or in the event of contracts for less than $10,000.00, when the city
manager executes the contract.
(3) Nothing contained herein shall prohibit any bidder or proposer: (I) from making public
presentations at duly noticed pre-bid conferences or before duly noticed evaluation
committee meetings; (ii) from engaging in contract discussions during any duly noticed
public meeting; (iii) 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 (iv) 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 shall file a copy of any written
communication with the city clerk. The city clerlc shall make copies available to the general
public upon request.
(4) Nothing contained herein shall prohibit any lobbyist, bidder, proposer, or other person or
entity from publicly addressing the city commissioners during any duly noticed public
meeting reganiing 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. An alleged violation of this section by a particular bidder
or proposer shall subject said bidder or proposer to the same procedures set forth in section
2-457, shall render any RFP award, RFQ award, RFLI award, or bid award to said bidder or
proposer void, and said bidder or proposer 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 prolubited from serving on a city evaluation 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 disciplinmy 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 state attorney and/or may file a complaint with the county ethics commission.
(Ord. No. 99-3164, ~ 1, 1-6-99)
BID NO: 32-00/01
DATE: 06/01101
Cl1Y OF MIAMI BEArn
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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 DMSION 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-
"Debannent of Contractors from City Work" reading as follows:
Division 5. Debannent 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 debannent 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. Debannent shall be
imposed in accordance with the procedures contained in this ordinance.
Section 2-398 Definitions.
(a) Affiliates. Business concerns. organizations, lobbyists or other individuals are affiliates of each
other if, directly or indirectly. (n 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 debannent of a contractor that has the same or similar management,
ownership, or principal employees as the contractor that was debarred or suspended.
(b) Civil judgment means a judgment or finding of a civil offense by any comt of competent
jtnisdiction.
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(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 Debannent Committee to exclude a contractor (and.
in limited instances specified in this ordinance. a bidder or proposer from City conttacting and City
approved subcontracting for a reasonable, specified period as provided in subsection G) below:
a contractor so excluded is debarred.
(f) Debarment Committee means a group of seven (7) individual members, each appointed by
the Mayor and individual City Commissioners, to evaluate and. ifwarranted. to impose debannent,
(g) P~81'1dera1tee 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 infonnation 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.
(j) List of debarred contractors means a list compiled, maintained and distributed by the Citys
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 cwrent consolidated list (List) of all contractors debarred by City
departments, Such List shall be public record and shall be available for public inspection and
dissemination;
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.
(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:
(I) The names and addresses of all contractors debarred. in alphabetical order;
(2) The name of the department that recommends initiation of the debarment action;
(3) The cause for the debannent action, as is further described herein. or other statutory or
regulatory authority:
(4) The effect of the debannent action:
(5) The tennination date for each listing;
(6) The contractor's certificate of competence or license number. when applicable;
(7) The person through whom the contractor is qualified. when applicable:
(8) The name and telephone number of the point of contact in the department recommending the
debarment action.
(c) The City's Procurement Office shall:
(1) In accordance with internal retention procedures. maintain records relating to each debarment;
(2) Establish procedures to provide for the effective use of the List, including internal distribution
thereof. to ensure that departments do not solicit offers from, award contracts to, or consent to
subcontracts with contractors on the List: and
(3) Respond to inquiries concerning listed, contractors and coordinate such responses with the
department that recommended the action,
Section 2-400 Effect of debarment.
(a) Debarred contractors are excluded from receiving contracts, and departments shall not solicit
offers from. award contracts to, or consent to subcontracts with these contractors. unless the City
Manager determines that an emergency exists justifying such action. and obtains approval from
the Mayor and City Commission, which approval shall be given by 517ths vote of the City
Commission at a regularly scheduled City Commission meeting. Debarred contractors are also
excluded from conducting business with the City as agents, representatives subcontractors or
partners of other contractors.
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(b) Debarred contractors are excluded from acting as individual sureties.
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 debannent shall take effect in accordance with the notice provided by the City Manager
pursuant to subsection 2-40S(h) below. except that if a City department has contracts or
subcontracts in existence at the time the contractor was debarred, the debarment period may
commence upon the conclusion of the contract. subject to approval of same be Snths vote of the
Mayor and City Commission at a regularly scheduled meeting.
(c) City departments may not renew or othetwise extend the duration of current contracts. 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 contractors control. and such action is approved by snths
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 detennines that an emergency exists justifying such consent and the Mayor and City
Commission approves such decision, by Snths 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.
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Section 2-403 Debarment.
(a) The Debarment Conunittee 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
debannent however. does not necessarily require that the contractor be debarred; the seriousness
of the contractor's acts or omissions 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 Debannent Committee's decision includes any
existing affiliates of the contractor. if they are (I) specifically named and (ii) given written notice of
the proposed debannent and an opportunity to respond.
(c) A contractor's debarment shall be effective throughout City Government.
Section 2-404 Causes for debarment
(a) The Debarment Conunittee shall debar a contractor for a conviction or civil judgment,
(1) For conunission 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 fimded in whole or in part with public fimds:
(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 detennines that
the lawsuit between the contractor and the City was frivolous or filed in bad faith.
(b) The Conunittee may debar a contractor, (and, limited instances set forth hereinbelow. a bidder
or proposer) based upon a greater weight of the evidence, for,
(1) Violation of the terms of a City contract or subcontract. or a contract or subcontract fimded
in whole or in part by City fimds. such as failme to perform in accordance with the terms of one
(1) or more contracts as certified by the City department administering the contract; or the failme
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.
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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 Comri1ission 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 groWKis 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 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
receivedthe request for debarment and written report, the City's Procurement Office, on behalf of
the Debarment Committee shall issue a notice of proposed debannent advising the contractor and
any specifically named affiliates, by certified mail. retwn receipt requested, or personal service.
containing the following infonnation:
(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 docwnentaIy 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 opportlmity 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 asidethe waiver to be heard at the
hearing, and its decision may only be reviewed upon an abuse of discretion standard.
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(e) Hearsay evidence shall be admisstble at the hearing but shall not form the sole 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 cowt reporter, at the election Committee and
at the expense of the City. Copies of the hearing tape or transcript shall be finnished at the expense
and request of the requesting party.
(t) 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 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, tmless 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.
(I) 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, retwn receipt requested, or
hand delivery, within ten (10) working days of the decision. specifying the reasons for debarment and
including a copy of the Committee'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,
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 Cowt. A debarred contractor may seek a stay of
the debarment decision in accordance with the Florida Rilles 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. Debannent shall be for a period commensurate with the seriousness of the cause( s),
and where applicable, within the guidelines set forth below. but in no event shall exceed five (5)
years.
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(b) The following guidelines in the period of debarment shall apply except where mitigating or
aggravating ciIaJmstances 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 ofan offense as described in subsection 2404(a)(4): 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 Debannent 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 o1her causes for which the debarment was imposed; or
(5) Other reasons the Debarment Committee deems appropriate.
(d) The 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.
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 Conunission 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 renwnbered relettered to
accomplish such intention, and the word "ordinance" may be changed to "section", "article," or other
appropriate word.
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SECTION 4. REPEALER,
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect on the 3rd day of March,2000.
PASSED and ADOPTED this 23rd day of February, 2000.
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II>
Sec. 38-6.
PRomBITED CAMPAIGN CONTRIBUTIONS BY VENDORS.
(a) General.
(I) No person who is a vendor to the city shall give a campaign contnbution directly, or through a
member of the person's immediate family, or through a political action committee, or through any
other person, to a candidate, or to the campaign committee of a candidate, for the offices of mayor
or commissioner. No candidate, or campaign committee of a candidate for the offices of mayor or
commissioner, shall solicit or receive any campaign contribution from a person who is a vendor to
the city, or through a member of the person's immediate family, or through a political action
committee, or through any other person on behalf of the person. This prolnbition applies to natural
persons and to persons who hold a controlling financial interest in business entities.
(2) A fine of up to $500.00 shall be imposed on every person who violates this prolnbition. Each
act of solicitation, giving or receiving a contribution in violation of this paragraph shall constitute a
separate violation. All contributions received by a candidate in violation of this paragraph shall be
fotfeited to the city's general revenue fimd.
(3) A person who directly, or through a member of the person's immediate family, or through a
political action committee, or through any other person makes a contribution to a candidate who is
elected to the office of mayor or commissioner shall be disqualified for a period of 12 months
following the swearing in of the subject elected official from transacting business with the city. This
prohibition on transacting business with the city may be waived only in the manner provided
hereinbelow in subsection (b).
(4) As used in this section:
a. A "vendor" is a person who transacts business with the city, or has been approved by the city
commission to transact business with the city, or is listed on the city manager's approved vendor list.
b. A "contribution" is:
I A gift, subscription, conveyance, deposit, loan, payment, or distribution of money or anything of
value, including contributions in kind having an attributable monetaIy value.
2.A transfer of ftmds between political committees, between committees of continuous existence,
or between a political committee and a committee of continuous existence.
3.The payment, by any person other than a candidate or political committee, of compensation for
the personal services of another person which are rendered to a candidate or political committee
without charge to the candidate or committee for such services.
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4.The transfer of funds by a campaign treasurer or deputy campaign treasurer between a primary
depository and a separate interest-bearing account or certificate of deposit, and the term includes
any interest earned on such account or certificate.
(b) Conditions for waiver of prohibition. The requirements of this section may be waived for a
particular transaction by city commission vote after public hearing upon finding that:
(1) An open-to-all sealed competitive proposal has been submitted and the city official/done has in
no way participated in the determination of the bid specifications or bid award;
(2) The property or services to be involved in the proposed transaction are unique and the city
cannot avail itself of such property or services without entering into a trnnsaction which would violate
this section but for waiver of its requirements;
(3) The business entity involved in the proposed transaction is the sole sowce of supply within the
city; or
(4) An emergency contract must be made in order to protect the health, safety or welfare of the
citizens of the city, as determined by a five-sevenths vote of the city commission. Any grant of waiver
by the city commission must be supported with a full disclosure of the subject campaign contnbution.
(c) Applicability. This section shall be applicable only to prospective transactions, and the city
commission may in no case ratify a transaction entered into in violation of this section.
(Ord. No. 2000-3244, ~ 1,5-10-00)
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