Bid 54-01/02
.;,..
CITY OF MIAMI BEACH, FLORIDA
PROCUREMENT DIVISION
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
RECEI'/ED
SEP 1 7 2002
TRAN CONSTRUCTION INO,
CONSTRUCTION CONTRACT DOCUMENTS
PROJECT MANUAL FOR THE FOLLOWING PROJECT(S):
CONSTRUCTION OF THE BAYSHORE GOLF COURSE
CLUBHOUSE, RESTROOM SHELTERS AND
MAINTENANCE YARD BUILDING
INVITATION TO BID NO.: 54-01/02
http:\\ci.miami-beach.fl.us
E-mail: guslopez@ci.miami-beach.f1.us
Telephone: 305.673.7490
Facsimile: 305.673.7851
BID NO: 54-01102
DATE: 07/03/02
CITY OF MIAMI BEACH
1
CITY CLERK
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
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Condensed Title:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
APPROVING AWARD OF A CONTRACT TO TRAN CONSTRUCTION, INC., IN THE AMOUNT OF
$2,669,000, PURSUANT TO BID NO. 54-01/02 FOR THE BAYSHORE GOLF COURSE CLUBHOUSE,
RESTROOM SHELTERS AND MAINTENANCE YARD BUILDING.
Issue:
Approval of award for the construction of the Bayshore Golf Course Clubhouse, Restrooms and Maintenance
Building pursuant to bid No. 54-01/02.
Item SummarylRecommendatlon:
On May 7. 1998. the City Issued Request for Qualifications 58-97/98 for architectural engineering services for
the redesign and or/renovation of the Bayshore/Par 3 and Normandy Shores golf courses clubhouses and
related facilities. On October 7, 1998, the Mayor and City Commission, following the Administration's
recommendation, authorized the Administration to negotiate an Agreement with REG. On October 17, 2001,
the Mayor and City Commission adopted a resolution approving the award of a construction contract to TDI
Intemational, Inc., for tile Renovation of the Bayshore Golf Course. On August 14, 2002, fourteen bids were
received for the construction of the Clubhouse, Restrooms and Maintenance facility. Only the three lowest
bids which are within the project's established budget have been considered. The three lowest bids
references. compliance with the bid requirements, and financial information have been thoroughly reviewed
by URS, the City's Program Manager, REG, the City's consultant, and City staff. Based on the above
described review, the Administration recommends that the City Commission approve award of the
construction contract, pursuant to Invitation to Bid No 54-01/02, to the lowest and best bidder. Tran
Construction, Inc. In the amount of $2,669,000.
Advisory Board Recommendation:
I N/A
Financial Information:
Amount to be expended:
$2,669,000
Source of
Funds:
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,:~~~i~ 'i{'t~JJ'I<iu!i~~;,zr;! ~~~~'~'~:!r;~ti\iq2Mt~~~1tY;~j~.': ~:ffllPr'Qv~~GI:
T~,,;~...:t"': $2 669 000 Gulf Breeze Loan Pool
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$2,669.000
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247
AGENDA ITEM
DATE
f(7L
?-//-();).
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
COMMISSION MEMORANDUM
TO:
FROM:
Mayor David Dermer and
Members of th:;;;zcity commiSS'. n
Jorge M. Gonzalez L-.
City Manager "">.
DATE: September 11, 2 002
-...
SUBJECT: A RESOLUTION OF THE MAYOR ITV COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AWARD OF A CONTRACT TO
TRAN CONSTRUCTION, INe.,IN THE AMOUNT OF $2,669,000, PURSUANT
TO BID NO. 54-01/02 FOR THE BAYSHORE GOLF COURSE CLUBHOUSE,
RESTROOM SHELTERS AND MAINTENANCE YARD BUILDING, TO BE
FUNDED FROM A PREVIOUS APPROPRIATION FROM THE GULF BREEZE
LOAN POOL.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution awarding a contract to Tran Construction, I nc for the construction of
the Bayshore Golf Course Clubhouse, Maintenance Yard and Restroom Pavilions.
FUNDING:
Funding is available from a previous appropriation of $3,382,069 allocated to the
clubhouse and related facilities from the $10,000,000 Gulf Breeze Loan Pool allocated to
the overall Bayshore Golf Course Project. The previous appropriation included funds for
AIPP, contingencies, project management, and fixtures, furniture and equipment. The
construction bid is within the overall estimated probable cost for the Project.
FI
nancial Table and u:lget
Item Costs Gulf Breeze Loan
Clubhouse $1,654,078 $2,116,142
Maintenance Yard $892,145 $651,128
Restroom Pavilions $122,777 $122,777
CIP Management $39,990 $39,990
URS Management $82,022 $82,022
Art in Public Places $24,360 $24,360
Contingencies $252,795 $180,650
Fix. Fum. & Equip. $165,000 $165,000
Totals $3.233.167 $3,382,069
B d
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248
Commission Memorandum
September 11, 2002
Bayshore Golf Course Clubhouse
Page 2
ANALYSIS:
Invitation to Bid No. 54-01/02 was issued on July 3,2002 for the construction ofthe new
Bayshore Golf Course Clubhouse, Restroom Shelters and Maintenance Yard Building. On
August 14, 2002, fourteen bids were received (Tabulation Attached). Only the three lowest
bids which are within the Project's established budget have been considered.
The scope of the Project includes the construction of a new one story clubhouse facility of
approximately 10,000 square feet with new lockers, a new kitchen, restaurant and bar
area, a terrace facing the golf course and a new pro shop. The Project also includes
restoration of the existing parking lot and new landscaping.
Additionally, the Project includes construction of a new Maintenance Building of
approximately 6,000 square feet. The building will house offices, lockers and restrooms for
the staff. It will also contain equipment storage rooms, a maintenance area and other
miscellaneous storage areas. The area will also have external storages bins for materials
and an equipment wash station.
There will also be two golf course Restroom Pavilions which will include a space for golf
carts staging during storms and drinking water facilities.
Previously, the City Commission approved the complete renovation of the Bayshore Golf
Course which is currently underway. The scope of this project included a complete
redesign of the golf course providing new contours, additional lakes, expansion of existing
lakes, extensive landscaping, a new irrigation system and the re-grassing of the golf course
with an alternative grass resistant to salt water. The project also included the landscaping
of the Chase Avenue and Alton Road perimeters of the golf course. This project is
expected to be completed in December 2002.
The City is also in the process of designing a new Cart Bam for the golf course in the
proximity of the new clubhouse. This project is scheduled for completion of design
documents in November 2002 and will probably be bid in January 2003. Expected duration
of construction is approximately six months. This will place the completion ofthe Cart Sam
and the new clubhouse at approximately the same time.
Finally, the City is in the process of preliminary design for a new decorative fence around
the golf course. This fence was recommended by the ERA financial study commissioned
by the City to determine the feasibility of the Bayshore Golf Course renovation. The City
has retained the services of a consultant to provide a schematic design and present to the
Design Review Board for review and approval. Once this process is completed, funding
will have to be identified and the construction documents completed. This process is
expected to last approximately six months.
The firm with the lowest bid for the clubhouse Project, Lear Associates, Inc. (Lear), has
been deemed non-responsive by the City and URS, the City's Program Manager (See
Attachments "A", "S" "C" and "0"). The reason for the non-responsiveness is that the
249
Commission Memorandum
September 11, 2002
Bayshore Golf Course Clubhouse
Page 3
projects submitted by Lear as references do not meet the minimum requirements of the
Invitation to Bid. These minimum requirements are for three commercial projects of at
least 15,000 square feet and $1.5 million construction value. Only two of Lear's
representative projects could be verified. Both are significantly smaller in size and scope
than those required to meet the minimum requirements. The third project submitted could
not be verified because the contact person listed is no longer available for comment.
In addition, Lear included two references for golf course clubhouse projects. . These
references could not be verified substantially and based on the information obtained from
several contacts, the current owner of Lear performed on these projects while employed by
another company. Through conversations with contacts, URS and City staff was able to
determine that, Lear, as a business entity, did not participate on these projects.
Finally, the financial reports obtained by staff from Dun & Bradstreet show that Lear is the
smallest of the firms in yearly sales, in income and in current net worth. Lear also has the
highest payment risk index relative to delays in paying their obligations.
The second lowest firm, Tran Construction, Inc. (Tran), provided references for at least
three projects of the minimum size and value required by the Bid. The references were all
verified by URS and City staff and found to be appropriate and in compliance with the
minimum requirements.
Tran received good to excellent reviews by all the references contacted. The similar
projects which meet the minimum requirements are approximately 15.000 square feet and
$1.5 million or over. The type of projects presented vary from building the exterior shell
and the interior mechanical, electrical and plumbing services for a clubhouse to renovation
and new construction over a three year period for the Dade County School System to the
exterior shell, landscaping and specialty installations for a United Airlines cargo facility.
The City also obtained Dun and Bradstreet reports on Tran which show the firm appears to
be in good financial standing. Tran is also the larger firm in terms of sales, in staff size and
has the lowest payment risk index.
The City's Design Consultant for the project, REG Architects (REG), has determined that
Tran meets the minimum qualifications set forth in Addendum NO.1 of the Bid Documents
(recommendation attached). The minimum qualifications required the prospective
contractor to "have a minimum of three (3) years experience in the construction of
commercial buildings and submit a minimum of three (3) previously completed projects of a
minimum size of 15,000 square feet and a minimum construction value of $1,500,000'-
Tran has clearly met these requirements.
However, it should be noted that REG expanded their analysis beyond the essentially
"meet/not meer requirement concerning the minimum qualifications. REG analyzed the
type of construction performed by Tran and carefully scrutinized the contractor's
experience. Based on the additional review performed by REG, REG has expressed some
reservation in recommending Tran based on REG's research, but has not determined that
Tran is non-responsive, i.e., meaning that Tran meets the minimum requirements.
250
Commission Memorandum
September 11, 2002
Bayshore Golf Course Clubhouse
Page 4
Because this is a Solicitation to Bid, by City Code, the additional analysis performed by
REG cannot be considered unless it rises to the level of demonstrating that Tran is non-
responsive. In this situation, this analysis does not arise to that level, and therefore, Tran
is the lowest and best bidder.
BACKGROUND:
On May 7, 1998, the City issued Request for Qualifications 58-97/98 for architectural
engineering services for the redesign and or/renovation of the Bayshore/Par 3 and
Normandy Shores golf courses clubhouses and related facilities.
On June 8, 1998, an evaluation committee reviewed the submitted proposals. After
presentations were made, the committee recommended the selection of the firm of REG
Architects, Inc. (REG) to the City Manager. On October 7, 1998, the Mayor and City
Commission, following the recommendation, authorized the Administration to negotiate an
Agreement with REG.
The Phase I schematic designs were submitted to the City in May of 1999. The Golf
Advisory Board reviewed the designs on July 1, 1999, the Mayor's Ad Hoc Committee on
July 15, 1999 and the Finance and Citywide Projects Committee on July 21, 1999. -The
schematic designs and cost estimates were approved and recommended by all
committees.
On October 9, 1999, the Mayor and City Commission adopted a resolution approving the
overall plan for the renovation of the City's golf courses and facilities and authorized the
Administration to provide the necessary financing to implement the project. On February 9,
2000, the Mayor and City Commission approved the financing strategy for the renovation of
the Bayshore and Normandy Shores golf courses and clubhouses and referred the plan to
the Finance and Citywide Projects Committee for review of the projected costs. The Par 3
Renovation was deemed not financially feasible and was excluded from the construction
project.
.,
The Committee met on February 24, 2000, reviewed the information provided and
recommended that the Administration proceed with completion of the design and
construction documents as proposed. The Mayor and City Commission accepted the
recommendation at the March 15, 2000 meeting.
On May 10,2000, the Mayor and City Commission adopted a resolution authorizing the
award of a contract to the firm of Metcalf and Eddy, Inc.. in the amount of $375,000, for the
environmental remediation of the Bayshore and Normandy Golf Courses Maintenance
facility. This work was to be completed prior to the construction of the new facility designed
by REG.
On July 12, 2000, the Mayor and City Commission adopted a resolution authorizing
additional services to the firm of REG, in the amount of $57,750, for the design of the
251
Commission Memorandum
September 11, 2002
Bayshore Golf Course Clubhouse
Page 5
Bayshore Golf Course Maintenance Facility and established the construction budget for the
additional work at $650,000 including the contingency.
On October 17, 2001, the Mayor and City Commission adopted a resolution approving the
award of a construction contract to TDI International, Inc., for the renovation of the
Bayshore Golf Course. Construction on the project began on December 3, 2001, with a
projected completion of early December 2002, when the course will be re-opened with
temporary clubhouse facilities.
On November 16, 2001, the City issued a letter to REG notifying them that under the
conditions of the Agreement with the City, they would be considered in default unless a
written plan of action was received within seven days of receipt of the letter. REG
responded by the established deadline by retaining the firm of ONM on November 26,
2001 to perform the structural services and by providing a plan of action.
The City Commission approved the additional amendment to the Agreement and directed
the Administration and the City Attorney to finalize the documents and allow REG to
complete the Project.
The Amendment to the REG Agreement with the City stated that REG would comply with
additional deadlines and a new timeline on the permitting process; they would relinquish
some of the fees on the Project by the deletion of the Normandy Shores Clubhouse
component of the original Agreement, they would agree to be paid for the Construction
Administration fees at the end of the project; and they would provide an additional bond on
the project in a form to be determined by the City.
REG completed the documents and the Building Department review. The Project was then
submitted for bid and Invitation to Bid No 54-01/02 issued for the construction of the new
Bayshore Golf Course Clubhouse. Restroom Shelters and Maintenance Yard Building.
CONCLUSION:
Based on the above, the three lowest bidders references, compliance with the bid
requirements, and financial information have been thoroughly reviewed by URS, the City's
Program Manager; REG. the City's consultant; and City staff. Based on the above
described analysis, the Administration recommends that the City Commission approve the
award of the construction contract, pursuant to Invitation to Bid No 54-01/02, to the lowest
and best bidder, Tran Construction, Inc. (Tran), in the amount of $2,669,000, for the new
Bayshore Golf Course Clubhouse, Restroom Shelters and Maintenance Yard Building.
The lowest base bid is slightly above the estimated amount of $2,615,204. Alternates No.
1 and No.2 for expediting construction of the Project thirty and sixty days respectively are
not recommended as part of the award because the costs of expediting the Project are
significantly above the available budget. Additionally, because of the procurement of
temporary clubhouse facilities, it has become operationally unnecessary to expedite the
construction at this time. The new completed clubhouse facility will be available for the
252
Commission Memorandum
September 11, 2002
Bayshore Golf Course Clubhouse
Page 6
opening of the next season in late 2003 and will not be essential during the slower summer
months.
The difference of $53,796 between the overall bid amount and the available budget will be
funded from still unallocated remaining funding in the amount of approximately $400,000.
The remaining unallocated funding will also be used to fund the recently approved
remediation of the Golf Course Maintenance Yard and to partially fund the' future
construction of the new Golf Cart Barn for the golf course and the proposed fence around
the course.
T:lAGENDA\2002\SEP1102IREGULAR\Bayshore ClubhOuse Award.doc
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253
CITY OF MIAMI BEACH
BID TABULATION
B1dNo. 54..01/02 . CONSTRUCTION OF THE SA YSHORE GOLF COURSE CLUBHOUSE, RESTROOM SHELTERS AND
MAINTENANCE YARD BUILDING
BASE BID/LUMP SUM + BASE BIDILUMP HOURLY LABOR
ADD ALTERNATE #2 SUM+ADD BASE BIDflUMP SUM RATE
ALTERNATE #1
1) leIII' Associates, Inc. $2,492.230.00 $2,432,230.00 $2,387,230.00 $605.35
$23.89 - Labor
2) Tran Construction, Inc. $2.799,000.00 $2,739.000.00 $2,699,000.00 $39.89 - Mechanic
$46.89 - Foreman
3) PRM engineering & $2,816,000.00 $2,741,000.00 $2,691,000.00 $65.00
Contracting, Ine.
4) Regosa Engineering, $2,865,701.90 $2,865,701.90 $2,865,701.90 $40.00
Ine.
5) Pavarinl Construction $3,122,860.00 $2,974,160.00 $2.974.160.00 Prevailing Wage +
Co.. Inc. 1.9
8) SUlek Group, Inc. $3,380,959.00 $3,360,959.00 $3,330,959.00 $65.00
7) T J Builders, Corp. $3,551,000.00 $3,521,000.00 $3,431,000.00 $5,000.00
8) Collage D.slgn & $3.597,000.00 $3,522,000.00 $3,447,000.00 $250.00
Conatructlon Group, Inc.
9) CDC Builders, Inc. S3, 778, 785.00 $3,718,785.00 $3,658,785.00 $150,00
10) Jasco/Overholt J.V. $3,800,000.00 $3,778,000.00 $3,748,000.00 $60.00
11) Carivon Construction, $3.843.000.00 $3,743,000.00 $3,643.000.00 $450.00
Inc.
12) Font/cella $3,937,216.00 $3.622,238.00 $3,149,773.00 $86.00
Construction CorD.
13) TGSV Enterprises, Inc. $4,191,600.00 $4,140,500.00 $4,091,000.00 N/A
14) T&G Constructors No Bid $4,410,000.00 $4,200,000.00 $75.00
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254
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AWARD
OF A CONTRACT TO TRAN CONSTRUCTION, INC., IN THE
AMOUNT OF $2,669,000, PURSUANT TO BID NO. 54-01/02,
FOR THE BAYSHORE GOLF COURSE CLUBHOUSE,
RESTROOM SHELTERS AND MAINTENANCE YARD BUILDING,
TO BE FUNDED FROM A PREVIOUS APPROPRIATION FROM
THE GULF BREEZE LOAN POOL.
WHEREAS, on May 7, 1998, the City issued Request for Qualifications No. 58-
97/98 for architectural engineering services for the redesign and or/renovation of the
Bayshore/Par 3 and Normandy Shores Golf Courses, Clubhouses and Related
Facilities (the Project); and
WHEREAS, on June 8, 1998, an Evaluation Committee reviewed the submitted
proposals and recommended the selection of the firm of REG Architects, Inc. (REG) to
the City Manager; and
WHEREAS, on January 6, 1999, the Mayor and City Commission authorized
the execution of an Agreement with REG for a schematic design plan and for cost
estimates for both clubhouses, and services were to be completed by April 1999
(Agreement); and
WHEREAS, on October 9, 1999, the Mayor and City Commission adopted- a
Resolution approving the overall plan for the renovation of the City's golf courses and
facilities and authorized the Administration to provide the necessary financing to
implement the Project; and
WHEREAS, on February 9, 2000, the Mayor and City Commission approved the
financing strategy for the renovation of the Bayshore and Normandy Shores Golf
Courses and Clubhouses, and referred the plan to the Finance and Citywide Projects
Committee for review of the projected costs; and
WHEREAS, the Committee met on February 24, 2000, reviewed the information
provided and recommended that the Administration proceed with completion of the
design and construction documents as proposed; and ~
WHEREAS, on July 12, 2000, the Mayor and City Commission adopted a
Resolution authorizing additional services to REG, in the amount of $57,750, for the
design of the Bayshore Golf Course Maintenance Facility and established the
construction budget for the additional work at $650,000; and
WHEREAS, on October 17, 2001, the Mayor and City Commission adopted a
Resolution approving the award of a construction contract to TDI International, Inc., for
the Renovation of the Bayshore Golf Course and construction on the project began on
December 3, 2001, with a projected completion of early December 2002, when the
course will be re-opened with temporary clubhouse facilities; and
255
WHEREAS, Invitation to Bid No. 54-01/02 (the Bid) was issued on July 3,
2002 for the construction of the new Bayshore Golf Course Clubhouse, Restroom
Shelters and Maintenance Yard Building; and
WHEREAS, on August 14, 2002, fourteen bids were received and only the
three lowest bids which are within the Project's established budget have been
considered; and
WHEREAS, the firm with the lowest bid, Lear Associates, Inc. (Lear), has
been deemed non-responsive by City staff because the projects submitted as
references do not meet the minimum requirements of the Invitation to Bid; and
WHEREAS, the minimum requirements in the Bid are for three commercial
projects of at least 15,000 square feet and $1.5 million, and only two of Lear's
representative projects could be verified, which are significantly smaller in size and
scope than those required to meet the minimum requirements; and
WHEREAS, the second lowest firm, Tran Construction, Inc. (Tran), provided
references for more than three projects which met the minimum requirements of size
and value in the Bid and the references were all verified by URS, the City's Program
Manager and City staff and found to be appropriate and in compliance with the
minimum requirements; and
WHEREAS, the three lowest bidders' references, compliance with the bid
requirements, and financial information have been thoroughly reviewed by URS; REG,
the City's consultant; and City staff, and based on the review, the City Manager
recommends that the City Commission approve award of the construction contract, .to
Tran Construction, Inc. as the lowest and best bidders' pursuant to Invitation to Bid. No
54-01/02.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission Approve award of a contract to Tran Construction, Inc., in the amount of
$2,669,000, pursuant to Invitation to Bid No. 54-01/02, for the Bayshore Golf Course
Clubhouse, Restroom Shelters And Maintenance Yard Building, to be funded from a
previous appropriation from the Gulf Breeze Loan Pool.
PASSED and ADOPTED this
day of September 2002.
.,
MAYOR
ATTEST:
APPROVED M10
FORM & LANGUAGE
& FOR EXECUTION
CITY CLERK
I/fJJ&ifpl,f.; ~v
F;\CAPll$all\chartrancllBayshore Golf Club\Clubhouse Award Reso.doc
256
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE. MIAMI BEACH, FLORIDA 33139
http:\\ci,miami-beach.fl.us
PROCUREMENT DIVISION
Talephone (305) 673.7490
Facsimile (305) 673.7851
INVITATION TO BID NO. 54-01102
ADDENDUM NO.1
August 2, 2002
CONSTRUCTION OF THE BA YSHORE GOLF COURSE CLUBHOUSE,
RESTROOM SHELTERS AND MAINTENANCE YARD BUILDING is amended
as follows:
I. The Bid Opening date is changed from August 6, 2002 to August 13,2002 at 3:00 P.M.
II. REVISE: "Minimum Requirements", to read:
"Prospective Bidder (General Contractor) must have a minimum of three (3) years
experience in the construction of commercial buildings and submit a minimum of three (3)
previously completed projects of a minimum size of 15,000 square feet and a minimum
construction value of $1,500,000. The General Contractor and/or Sub-Contractors must
have required Licenses in order to pull any/all required permits for the completion of this
Project.
III. As part of their bid submittal, bidders are to submit copies of all their licenses and Corporate
Certificates for their Company and all Sub-Contractors.
IV. CLARIFY: Prevailing Wage Rates: Bidders shall submit their bids based on the
Prevailing Wage Rates dated July 26, 2002, that are included in this Addendum #1.
(Attached).
V. CLARIFY: Add Alternate #2. Bidders shall submit their bid for this Item, which will be
for the "completion 60 calendar days prior to the substantial completion time as
indicated in Article 2, Section 2.2 ofthe contract". (See Page 42 of the bid documents)
Recommendation of Award for the Add Alternate #2 Bid price, shall only be recommended
in lieu of Alternate #1, subject to availability of funding.
VI. ADD: Re. Page 18, Section 7, Determination of Award: 1) "Lowest and best bidder will
be determined based on the lowest combined pricing ofthe Base Bid plus Add Alternate
#2. If no such combination falls within the available funding; 2) then the lowest and best
bidder will be determined based on the lowest combined pricing ofthe Base Bid plus Add
Alternate #1. Ifno such combination falls within the available funding; 3) then the lowest
and best bidder will be determined based on the lowest and best Base Bid. Use the
Amended Bid Form (Attached)
Page 2
Bid No. 54-01102
Addendum 1
VII. CLARIFY: A Line Item for a Permit Fee Allowance will NOT be included to the Bid
Form. Bidders shall research and include an appropriate amount in their bids.
VIII. CLARIFY: A Bid Guarantee is NOT required.
IX. Attached to this addendum is a copy of the Pre-Bid Conference Sign-in Sheet.
Bidders are required to acknowledge this addendum on proposal pagel23, "Acknowledgement of
Addenda", or the bid may be considered non-responsive.
CITY OF MIAMI BEACH
/.') -",,9'
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/'. t~.....----
i. '
Gus Lopez, CPPO
Procurement Director
rm
Page 3
Bid No. 54-01102
Addendum 1
03000 BID PROPOSAL FORM
BID NO. 54-01/02
CONSTRUCTION OF THE BA YSHORE GOLF COURSE CLUBHOUSE,
RESTROOM SHELTERS AND MAINTENANCE YARD BUILDING
(BID FORM)
Page 1 of 2
Our proposal includes the total cost for supplying all labor, materials, tools, equipment and
supervision necessary to complete the Construction of the Bayshore Golf Course Clubhouse,
Restroom Shelters and Maintenance Yard Building in accordance with the Drawings/Plans
and Scope of Work/Specifications (Bid Documents).
(1) BASE BID/LUMP SUM + ADD ALTERNATE #2:
(Completion 60 Days prior to substantial completion time as indicated in Article 2, Section 2.2 of
Contract. [See page 42 of the bid document])
$
Written Amount
(2) BASE BIDILUMP SUM + ADD AL TERNA TE #1
(Completion 30 Days prior to substantial completion time as indicated in Article 2, Section 2.2 of
Contract. [See page 42 of the bid document])
$
Written Amount
(3) BASE BIDILUMP SUM:
$
Written Amount
Bid No. 54-01102
Date: 08/02/02 (Amended)
Page 4
Bid No. 54-01/02
Addendum 1
BID NO. 54-01102
CONSTRUCTION OF THE BAYSHORE GOLF COURSE CLUBHOUSE,
RESTROOM SHELTERS AND MAINTENANCE YARD BUILDING
(BID FORM)
Page 2 of 2
Should Additional Work be Required for Unforeseen Conditions and/or Additional Work
not Specified in the Bid Documents, we propose to complete this Work at the following
Rates:
Provide all supplies and materials required at Contractor's:
COSTS.
Provide ALL required Work at an HOURLY LABOR RATE, to include labor, equipment
use, travel time, and any other cost to the Contractor at:
$ p/h.
FIRM'S NAME (Print or Type):
SIGNATURE:
TITLEIPRINTED NAME:
ADDRESS:
TELEPHONE NUMBER:
FAX:
Bid S4 - CONSTRUCTION OF THE BAYSHORE GOLF COURSE
CLUBHOUSE, RESTROOM SHELTERS AND MAINTENANCE YARD BUILDING
WAGE DETERMINATIONS
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
::\ates
Fri:'lges
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%
----------------------------------------------------------------
Page 1
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
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
Kates
21. 57
Fringes
5.28
----------------------------------------------------------------
* PLUM0725A 07/16/2002
PIPEFITTERS (Including HVAC)
:i.ates
23.95
Fringes
6.50
----------------------------------------------------------------
* SFFL0821A 07/01/2002
SPRINKLER FITTERS
R.ates
21.20
Fringes
7.52
----------------------------------------------------------------
SHEE0032C 03/03/2002
Kates
Fringes
SHEET METAL WORKERS (Including
HVAC duct work)
22.40
6.36
----------------------------------------------------------------
SUFL1027A 03/04/1999
ACOUSTICAL TILE INSTALLER
BRICKLAYERS/BLOCKLAYERS
Kates
10.00
15.36
Fringes
0.62
Page 2
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
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
2.85
2.85
2.85
2.85
0.87
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
Page 3
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 ~he formal
process described here, initial contact should be with the Branch
of Constructic~ Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and ~our 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, ~hen an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hou~ Administrator
(See 29 CFR Pa~t 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 :onstitutio~ Avenue, N. W.
Washington, D. C. 20210
The request s~culd be accompanied by a full sta~=~ent of the
interested pa~ty's position and by any informati:~ (wage payment
data, project description, area practice materia:, etc.) that the
requestor co~siders relevant to the issue.
3.) If the decision of the Administrator is not :avorable, an
interested pa~ty may appeal directly to the Admi~istrative Review
Board (formerly the Wage Appeals Board). Write ~::
A~~i~istrative Review Board
U. S. Department of Labor
200 Constitution Avenue, N. W.
Was~i~gton, D. ~ 20210
4.) All decisions by the Administrative Review E:ard are final.
=::;J OF GENERA"- DECISION
Page 4
CITY OF MIAMI BEACH
PRE-BID CONFERENCE
SIGN-IN SHEET
DATE:
July 19,1001,10:00 A.M.
BID NO:
Bid No. 54-00101
TITLE:
CONSTRUCTION OFTHE BA YSHORE GOLF COURSE CLUBHOUSE, RESTROOM
SHELTERS AND MAINTENANCE YARD BUILDING
FAXII
tis:"')tN~ -"'137
CITY OF MIAMI BEACH
PRE.BID CONFERENCE
SIGN.IN SHEET
DATE:
July 19,1002,10:00 A.M.
Bid No. 54-00101
BID NO:
TITLE:
CONSTRUcnON OFTHE BAYSHORE GOLF COURSE CLUBHOUSE, RESTROOM
SHELTERS AND MAINTENANCE YARD BUILDING
NAME (PLEASE PRINT) COMPANY - ADDRESS (PLEASE PRINT)
PHONEi#
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE. MIAMI BEACH, FLORIDA 33139
hllp:\\ci,miami-beach,fl.us
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673.7851
INVITATION TO BID NO. 54-01102
ADDENDUM NO.2
August 7, 2002
CONSTRUCTION OF THE BA YSHORE GOLF COURSE CLUBHOUSE,
RESTROOM SHELTERS AND MAINTENANCE YARD BUILDING is amended
as follows:
CLARIFY: Builder's Risk Insurance for the construction of and/or addition to aboveground
buildings or structures is required. The coverage shall be "All Risk" coverage for 100 percent of
the completed value, covering CITY as a named insured, with a deductible of not more than Five
Thousand Dollars ($5,000.00) each claim.
CLUBHOUSE:
I. Demolition drawing D-l is only for information purposes. The old clubhouse has already been
demolished, Therefore, demolition is not included in the construction scope of work.
2. Existing cart storage facility including landscaping, irrigation and the new service drive to the
north of the building will not be included in tbe construction scope of work. However, north
sidewalk (bag drop area) will remain. Also, Irrigation Zone # 8 - 1 W' valve will remain in
construction scope of work for future irrigation service. See attachments # I & 2.
3. Landscaping and irrigation for the two (2) proposed planters shown on A.l.l off of Alton Road
should be included. Provide landscape material as follows: (see attachment # 3)
e (2) Triple Veitchia Montgomeryana Palms
e 900 sq. ft. ground cover. Triscacum dactyloides x Floridana ( 3 gal, 30" o.c)
e (8) cocoplum, 3 gal, full 24" O.c.
e (24) Annuals, 45" pots. 12" O.c.
4. Irrigation line shown on drawing IRR-2 (2" Main Line) is not located properly (see attachment
# 4). Follow Civil DWG. C-2 for correct location. (2" Irrigation Service). See attachments 5.
Page 2
Bid No. 54-01/02
Addendum 2
5. As per specification section 15330 I Automatic Sprinkler System, Contractor will provide a
hydraulically designed system installation of automatic sprinklers with 100% coverage of the
building except areas indicated otherwise. Contractor will also submit shop drawings on the
following:
1. Valves and appurtenances.
2. Pipe hangers and supports.
3. Sprinkler heads.
4. Piping
5. Flow switches and control devices.
6. Submit complete. v.. inch scale drawings of fire sprinkler system layout.
7. Hydraulic calculations
All calculations, drawings, referenced diagrams, performance curves and data utilized to layout and
identify system shall be impressed with the seal of and signed by a Florida registered professional
engineer, submitted to owner's insurance underwriters and local fire authorities and have their
acceptance. Design densities shall be 0.20 gpm per sq. ft. over 1500 sq. ft. for all retail areas; 0.15
gpm per sq. ft. over 1500 sq. ft. for kitchen areas, storage, closets, mechanical and electrical rooms;
0.10 gpm per sq. ft. over 1500 sq. ft. for seating areas of restaurant, bathrooms and otherlight hazard
areas.
6. Specified Electrical Fixtures shall be supplied with finishes as listed in attachment # 6.
MAINTENANCE BUILDING:
1. Demolition drawing D-l is only for information purposes, The old clubhouse has already been
demolished. Therefore, demolition is not included in the construction scope of work.
2, Fertilizer bins will be relocated further west to occupy the location of 3 parking spaces. These
parking spaces will be relocated to where the fertilizer bins are currently shown on bid
documents. Total number of parking spaces remain the same. See attachment # 7.
Page 3
Bid No. 54-01102
Addendum 2
3. Due to soil contamination the City has decided to have a remediation contractor complete those
elements of the construction of the new building which will involve as follows:
. Structural excavation and backfilling for foundations.
. Backfill of the site to approximately 6.0ft elevation.
. Installations of storm drainage piping including catch basins.
. Installation of sanitary piping from Maintenance building to the existing sewer and from the
stash site building to the existing manhole.
. Installation of water supply piping to the Maintenance building and to the stash site building.
The items listed above are not to be included in your seope of work or bids.
4. Drainage well should be included in your scope of work or bids. However, it will be installed
just outside the maintenance yard site and not within the site as depicted on the drawings.
5. Provide bid price for proposed retaining walls. See attachments # 8 & 9.
RESPONSES BIDDERS' QUESTIONS:
Bidder: TRAN Construction
Q: Sheet M-I (Building A). Condo Unit - Please clarify location to install, Ref. Line Route, etc.
A: By Emilio Hospital, MH Engineering Ine: The refrigerant lines shall be installed under the
floor slab, as shown in the detail in sheet M-I inside a 6" PVC SCH.o 40 sleeves. Depth and exact
rout shall be fully coordinated with the other trades, by the contractor.
Bidder: TGSV Enterprises, Inc.
Clubhouse.-Set A
1. Q: Please note sheet C-I shows a new 5' colored concrete sidewalk, while sheet A.I.I shows the
same colored concrete sidewalk to be 10' wide. Please clarify.
A: Follow architectural drawing A.I.I. Colored concrete sidewalk should be 10' wide @ the curved
section, then it changes into 5'.
Page 4
Bid No. 54-01102
Addendum 2
2. Q: Please note sheet D-1 demolition notes, states for tree relocation or removal see landscaping
drawing. Please note landscaping drawings do not show any relocation or removal. Please advise if
there is any relocation or removal.
A: Demolition drawing D-l is only for information purposes. The old clubhouse has already been
demolished. Therefore, demolition is not included in the construction scope of work.
3. Q: Please note sheet A2.1. room 132 terrace area calls for 4'x 4' scored pattern with salt pickle
treatment for imitation coquina finish for entire deck. While sheet A.8.0 finish schedule calls for
terrace area to receive ceramic floor. Please advise.
A: Note on sheet A.2.1 is correct. Terrace floor # 132 shall be 4'x 4' scored pattern wi salt pickle
treatment for imitation coquina finish for entire deck.
4. Q: please note sheet A3.1, detail 2 advises contractor to refer to detail 4 on plan A.3.2. please note
contract documents do not provide a sheet A.3.2. Please advise
A: Drawing A3.2 does not exist. Disregard symbol making reference to sheet A.3.2. This symbol
should call for detail 4 on sheet A.3.1.
5. Q: Please note sheet A.2 room 140 states to provide a 6' wide overhead door, while sheet A.8.1,
door schedule, room 140, says to provide a I' -4" wide by 4' high overhead door. Please clarify,
A: Follow note on sheet A.2 which says to provide a 6' wide OR door. Disregard dimensions 1'-4"
x 4' -0" for door 1/40 shown in door schedule on sheet A.8.1
6. Q: Please note sheet A.2.2, room 103 states to provide at pass thru, an overhead door, while on
sheet A.8.1 door schedule does not mention any overhead door. Please clarify.
A: Follow note on sheet A.2.2. Provide pass thru overhead door 2'-6" x 4'-0" in Bar 103.
7. Q: Please advise contractor ifon sheet A2.2., room 103, at pass thru opening, if window will be
provide. If so, please provide window size and specifications.
A: No window shall be provided at the pass thru opening between bar 103 and dining room 106,
Page 5
Bid No. 54-01102
Addendum 2
Maintenance BuUdinl! - Set B:
1. Q: Please note sheet 0-1, shows existing chain link fence to be removed, while sheet A.l.l states:
" 5' -0" high chain link fence (see civil drawings)" and "existing fence, repair any damaged areas".
Please note civil drawings do not show any chain link fence. Please clarify if chain link fence is new,
or existing to remain.
A: Existing chain link fence to remain and be repair if any damaged areas. Where retaining wall is
proposed (see attachments 8 & 9) existing chain link fence shall be installed a top the wall.
2. Q: Please note sheet A. 7. Door schedule states that door # 1 in room 102 is to be a roll up door,
while sheet A.2 shows it to be a hollow metal door. Please clarify.
A: Door # 1 in office reception room 102 shall be a hollow metal door, 36" x 84". Disregard note in
sheet A.7 door schedule.
3. Q: Please note sheet A. 7 door schedule, overhead doors # 1,2,3,4,5,6,7 in room 116 does not
match your floor plan on sheet A.22, nor your elevation on sheet A.4.
A: Doors # 1,2,3,4,5,6,7 in the Equipment storage room 116 are shown correctly in door schedule
A. 7, floor plan A.2 and elevation A.4. All these doors shall be OH roll up metal.
4. Q: Please note sheet A.2 door # 6 in room 112 calls for an overhead door with fuseable link, while
on sheet A.7 door schedule, door #6 in room 112 calls for a hollow core metal door. Please clarify.
A: Follow door note shown in sheet A.2. Door # 6 in room 112 shall be an OH Roll up w/fuseable
link.
5. Q: Please note sheet A. 1. 1 , existing above ground fuel tanks to be relocated. Please advise
contractor what the size is of existing fuel tanks which is to be relocated and if a pumping system is
included. Please advise if specifications are available for fuel tanks and its required piping.
A: By Emilio Hospital, MH Engineering Inc.: The existing tanks to be relocated do have a FHP
motor and the explosion proof installation is shown in drawings ES-l. To our knowledge there is no
other piping involve in the installation except as shown in the electrical drawings.
Page 6
Bid No. 54-01102
Addendum 2
Bidder: Cuesta Construction
Q: There are no specifications provided for the canvas awnings or the imitation copper roof system.
Please advise.
A: See attachment # 10 - Specs for Imitation Copper Roof System / Curved Tee - Panel.
See attachment # II - Specs for Canvas Awning / Free Standing Canopy
Bidder: Excalibur.
Q: Please, let us know who the Food Service Equipment consultant or dealer is that is working on
the kitchen equipment.
A: Engineer Consultant:
Thomas 1. Twomey, P.E.
2831 Exchange Ct.
West Palm Beach, Fl. 33409
(561) 688-2844
Above information is shown on the "Kitchen Equipment Drawings" Sheet # 5.
Bidders are required to acknowledge this addendum on proposal pagel23. "Acknowledgement of
Addenda", or the bid may be considered non-responsive.
CITY OF MIAMI BEACH
....,.,) ~;;;
~..,../-r
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I
Gus Lopez, CPPO
Procurement Director
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Addendum -1
To: Harold Bedoya. REG Architec:la
Fram: Emilio J Hospital, PE
~ 7/2612002
Re: Bayshore Golf Course - Clubhouse Building-
Addendum to Electrical Installation - NO.1
Please issue this addendum in order to clarify that the IoOowing specified fixtures shall be suppraed with
finishes as IisIed below:
K
f.!!!.!!!!
Polished Brass with White AclyfIO
Fixture Type
L
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Polished Brass With Faux Alabaster
Polished Brass with Faux Alabaster
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Polished Brass with FauxAJabaSter
Polished Brass with Faux AlabaSter
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All other lighting fixture Specifications shall remain as specified.
cc: file
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10565 South West 113 P\ace . Miami. Florida 33176
tel, (305) 596-4999 . tax (305) 5~04
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321 15th Street Suite 200
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Specifications for Curved Tee-Panel
MANUFACTURER
Berridge Manufacturing Company
1720 Maury Street
Houston, Texas 77026
Phone: (800) 231-8127 Outside TX
(713) 223-4971 In TX
Fax: (713) 236-9422
E-Mail: ddoyle@berridge.com
CURVED, COMPOUND CURVED & TAPERED TEE-PANEL
Only Berridge has the specialized portable roll-formers required to form curved, tapered and free-form
compound curved standing seam Tee-Panels for both convex and concave curved panels, rounded comers and
conical roofs, and graceful compound curved and domed roofs.
- Curved applications: barrel vault roofs, quarter-round fascia, curved dormers.
- Tapered applications: curved corners, conical roofs
- Compound Curved applications: compound curved corners, domes.
- Site-formed in continuous lengths
- Extruded vinyl weatherseal as Integral part of Snap-On seam
- UL 90 & UL fire resistance listed
- ASTM air & water tested
PART 1 GENERAL
1.01 SECTION INCLUDES
A, Preformed, prefinished metal roofing and flashings,
B, Miscellaneous trim, flashing, closures, drip flashing,
and accessories.
C. Sealant
D. Fastening devices,
1.02 RELATED SECTIONS
A. Section 05120: Structural Steel Framing,
B, Section 05500: Miscellaneous metal fabrication,
C. Section 06100: Rough Carpentry,
D, Section 07631: Flashing and Sheet Metal Gutters,
E. Section 07900: Sealants,
1.03 REFERENCES
A, American Iron & Steel Institute (AISI) Specification for the Design of Coldfonned Steel Structural
Members,
B. ASTM A-525 Steel Sheet, Zinc-Coated (Galvanized)
C. ASTM E-283-84
D. ASTM E-33 1-86
E, Spec Data Sheet - Galvalume Sheet Metal by Bethlehem Corp,
F. SMACNA - Architectural Sheet Metal Manual.
G, Building Materials Directory - Cnderwriter's Laboratories, Test Procedure 580,
1.04 ASSEMBLY DESCRIPTIO~
A. The roofing assembly includes preformed sheet metal panels, related accessories. valleys, hips, ridges,
eaves, comers, rakes, miscellaneous flashing and attaching devices,
1.05 SUBMITTALS
A. Submit detailed drawings showing layout of panels, anchoring details, joint details. trim, flashing, and
accessories, Show details of weatherproofing, terminations, and penetrations of metal work,
B, Submit a sample of each type of roof panel, complete with factory finish,
C,Submit results indicating compliance with minimum requirements of the following performance tests:
I. Air Infiltration ASTM E 283-84
Attachment #10
2. Water Infiltration ASTM E 331-86
3. Wind Uplift - U.L.90
D.Submit calculations with registered engineer seal, verifying roof panel and attachment method resists
windpressures imposed on it pursuant to applicable building codes,
1.06 QUALITY ASSURANCE
A. Manufacturer: Company specializing in allow traffic on completed roof, Ifrequired, provide cushioned
walk boards.
I. Protect installed roof panels and trim from damage caused by adjacent construction until completion of
installation.
J. Remove and replace any panels or components which are damaged beyond successful repair.
3.03 CLEANING
A. Clean any grease, finger marks or stains from the panels per manufacturer's recommendations.
B. Remove all scrap and construction debris from the site.
3.04 FINAL INSPECTION
A. Final inspection will be performed by a firm appointed and paid for by the owner in accordance with
section 01410.
END OF SECTION
Attachment #10
Specifications for Free Standing Canopy
A, Structural Components
1. Columns: a, Structural steel tubing shall be used, b. Square tube to be ASTM A500 Grade B with a
minimum yield stress of 46,000 psi. c. Round tube to be ASTM A500 Grade B with a minimum yield
stress of 42,000 psi. d. Sized to meet or exceed specific project design load requirements. e. Provide each
column with a 4" electrical access opening and cover plate,
2. Base plates: a. ASTM A36 structural steel plate with a minimum yield stress of 36,000 psi. Plate to be
minimum I" thick with welded gussets. Shop fabricated with pre-punched or pre-drilled boltholes.
3. Top plates: a. ASTM A36 structural steel plate with a minimum yield stress of36,000 psi. Plate to be
minimum 3/4" thick with welded gussets. Shop fabricated with pre-punched or pre-drilled boltholes,
4. Structural Framing: a. ASTM A36 wide flange steel beams shall be used.
5. Structural Connections: a. ASTM A36 structural steel connection plates with a minimum yield stress of
36,000 psi. b, All framing members shall be shop fabricated for bolted field assembly, c, Domestic
ASTM A325 high strength bolts shall be used. All ASTM A325 Bolts shall be installed per the RSCS
SPECIFICATION FOR STRUCTURAL JOINTS USING A325 OR A490 BOLTS, 11113/85, contained
in part 5 of the AISC MANUAL OF STEEL CONSTRUCTION. ALLOWABLE STRESS DESIGN,
9TH EDITION. d. Flange and purlin bracing where required,
6. Anchor Bolts: a, ASTM A572 grade 50 threaded round stock with a minimum yield stress of 50,000 psi,
b. 1-1/4" diameter x 36" long rod with a 90 degree, 6"minimum, bent leg shall be used. Total bolt length
42". c. Threaded projection above footing shall be 7", d, Double nuts and washers for each bolt shall be
provided, one set to be used for plumbing and leveling. e, Templates for setting anchor bolts shall be
provided. f. Templates shall be removed before setting column on foundation,
7. Painting: a, All framing members will be given one shop coat of drying red oxide primer.
B, Canvas Covering Components
I, Manufactures: Sunbrella (Glen Mills, Inc,)
2. Product: Sunbrella Plus: Highly moisture resistant, abrasion resistance,
a. Polyurethane back-coated, 10 oz, per square yard (339 gm/m2),
b. Note: Full enclosures should be vented for air circulation.
3. Color: To be selected by architect from manufactures products of availability,
Accessories
C:
1.
D.
a.
b.
Sealants: a. Tube sealant shall be 100% silicone and/or urethane caulk,
General Notes
All materials are new and without defects which would lessen quality of work
All materials will conform to the requirements, tolerances, etc, of the latest editions of the AISC Manual
of Steel Construction, AISI Specifications for the Design of Cold Formed Steel Members, ASTM
Standard Specifications for General Requirements for rolled steel plates, shapes, sheets, and bars for
structural use, and A WS for welded connections,
C. Canopy erection drawings to be furnished at time of shipment. Piece marks included for field
identification of all major parts.
d. Anchor bolt setting plans includes a required footing size.
e. Upon request, design calculations or a letter of design certification, sealed by a registered professional
engineer licensed in the state in which the job site is located, shall be provided.
f. All A325 bolts shall be tightened by the turn-of-nut method.
Attachment #11
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
hUp:\\ci,miami-beach. fl. us
PROCUREMENT DMSION
Telephone (305) 673.7490
Facsimile (305) 673.7851
INVITATION TO BID NO. 54-01102
ADDENDUM NO.3
August 12, 2002
CONSTRUCTION OF THE BAYSHORE GOLF COURSE CLUBHOUSE,
RESTROOM SHELTERS AND MAINTENANCE YARD BUILDING is amended
as follows:
I. The Bid Opening date is changed from August 13, 2002 to August 14, 2002 at 3:00 P.M.
II. Attached please find Finish Schedule for the Clubhouse (Attachment 1) and Finish
Schedule for the Maintenance Building (Attachment 2).
III. Language on last paragraph of Addendum 1 and 2:
Delete:
"Bidders are required to acknowledge this addendum on proposal page123,
"Acknowledgement of Addenda", or the bid may be considered non-responsive."
Revised:
"Bidders that receive this Addendum shall acknowledge receipt on proposal page123,
"Acknowledgement of Addenda". The City reserves the right to request clarification of
the bid amount for the apparent low bidder(s) that's deemed to be in the best interest of
the City of Miami Beach, or to waive any informalities or irregularities."
Bidders that receive this Addendum shall acknowledge receipt on proposal page123,
"Acknowledgement of Addenda". The City reserves the right to request clarification of the bid
amount for the apparent low bidder(s) that's deemed to be in the best interest of the City of Miami
Beach, or to waive any informalities or irregularities.
CITY OF MIA.,,\.fI BEACH
",,/~) ~
~'/-.~
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Gus Lopez, CPPO
Procurement Director
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F:\PURCISALLlRoman'AddeudumsI02154-O l-02Adden3.doc
FINISI-I LEGEND - C (... U P.> WOO&:> 'E" / U1'O~::>
FLOORS eASE w.ALL&
"! llEALEO CONCRETE " TE~ZZO "I c;ue !lI1OOT" FiNl'"
.,1 TE-.&ZZO e TILE e EI"OXY
C I CA_T C wooo .:z__ WALL PAPER
DII!~ D EFOXY CEIUMIC TILE
E i 8It'CK ,.A\IE_ E ViNYL
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01 __ FLOOlU'lG I
wi 4')(4" CQLOIII!D c:oNCRETE 5l.Ae 1
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CEILINGS FINISi-I REFERENCE FLOOR FINISi-I LEGEND
" 1!)(1"O!ll!D CSE"'.;;::; D CARPET
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TO !IE AS FOLLOWII,
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i ~EI'1II!L T .AREAS, CLAY
I AT EXITS .,
AT EXIT .AGCE6& C
OT"E'" SF'ACE5 cJss
i E!lUSINESS .6JIiIE.A5,
AT eXITS .,
AT EXIT ACCESS C
O"'E'" 5F'ACU C
E~.ATIONAL ~A& CLASS.
AT EXITS .,
AT EXIT ACCESS .,
OTl4ER SPACES .,
FINISI-I NOTES
, ...~ TfO(. COLORED CGNCRETE &L.Ae WITt-4 "'. II( ... SCORED PAT~E~ U.ATl-l
SALT lDtCXLE T1IiIE.4.11"'lENT FOR il"fITATION COQUIN.A F1N15i-l I=OIt ENTIIltE OEo::.
2. CA,.preT: DE&6GN u.EAvE l"'lJiHSoACTl.JRER:
3. ~, FIEL.D: $32.... ACCEHT: 53"... REFER TO SPECIFICATIONS
4. CE'lItAMIC TILE: OAL TILE. l2~xO.. l&.L4RtCIC ~~ COLOR: """-DEN "'"'"
!ft. poxy, OUIlilA-FLE>c. DuRA QJAfltTZ FLOOfIIJtCI, COLOR, -a2e.2)
.. ..._ FLOOR"",,", ECO SlJJliFACe, "'", ....... !!lAM """"'"
,. IIlOOO 15A5E, PANT. REF, 10148' BA!E.O ON COA$T AL
I"'IILLlIoIOIIIK&. INC. OR EQUIVALENT.
.. CE"""'IC 15A5E, COORD""IATE wnw DAL TILE. UJARWlO<. tAeOvEJ
~ vINYL D.A5E, f"fERCEtlt "f'l I5L.ACX
Ie. PAINt: 10 I!!E &PACIFIED !SY INTERIOR DE&IGNER.
It WALL"'''''''''' SUPPLIED !SY INTEIltIOR PE6~flt AND IN!lTALLeD 8Y GENERAL CONTRACTOR. PRIME .AN.C PREP
WALL5 FOtIt COI"'t"1ERCIAL vINYL WALLPAIIIE" (lIElG...T, 2(/) OZ.)
12'. WOClD TRillO" fIlI'AHTEO. COLOR TO I!!JE~IEP ON SC..aeOUI..E ISY oE51Ci1NER
13. CEILING TILE, U6G. CLEAN fItOCI1"'" CUI"IAPLUS ~ 2' . .'~ C1.AS5 ..,-..WEJa'1 ~A.NEL5
GOIID F'IOCI'ILE F.DON'< CE
... CEILING TILE USG. JItOCIC. ~AGe "'tCL~Ul5"'2'Jl2' "'16f1tlO ~ILI!. I!-O"""",, [)X
"". celLN:i TILE U56. fltAOAR CEllie.Al"'nCYrCLII'1AfDLU6 2' . r~ GRID IDROFILE a-AX
... CEfL.1Nl:iI TILE USG A!JTRO~CLlMAP1...U&~2'..' '" GIIIO ~ILE c_O~ )(
". CEIL.,.1Il6 TIL.E uS6. eCLlPSE-""CLIMAPI..US 2"X2"~ EDGE ~LT',,: GRiD ~ILE D-~ )(
... PLASTiC L.AJ"'IINA TE TO ee WILSCNAIt'" OR FOIIif"I1CA l='ROV.ce $AI"Pl.E5 TO PE$IGNEI'i FOR 6EI..ECTlCN.
~ ........ TILE rJJAlNSCOT lUI WAli..PA~1Iit AeOvE. PAL TILE,6L055Y WALL TILE. COl..O~ TO BE $ELECTEO AT A
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NOTICE TO USING DEPARTMENTlS) AND CONSULTANTS
Any deviations from City of Miami Beach Standard Form Construction Contract
Documents or any conflicts between the Technical Specifications, or the Supplementary
Conditions and these Documents must be submitted in writing to the City's Procurement
Director and to the Office of the City Attorney for approval prior to the public notice of
the Invitation for Bid. All deviations or conflicts with the standard form must be listed by
paragraph number and page number.
() There are no deviations
(~here are deviations and/or conflicts per the attached pages D1 through
(Using Department}
(Director)
(Consultant)
Changes approved by:
City Attorney
/" ~ -:z 7..- r crz-
Date
Date
BID NO: 54-01102
DATE: 07/03/02
CITY OF MIAMI BEACH
2
TABLE OF CONTENTS
PAGE
NOTICE FOR BIDS......................................................................................................... 7
NO BID NOTIFICATION FORM ................................................................................... 10
PLANS AND SPECIFICATIONS ORDER FORM.......................................................... 11
00100.
00200.
00300.
00400.
00405.
00407.
00410.
00500.
BID NO: 54-01102
DATE: 07103/02
GENERAL INSTRUCTIONS TO BIDDERS .............................................12
DEFINITIONS.......................................................................................... 13
INSTRUCTIONS TO BIDDERS ...............................................................16
1. Examination of Contract Documents and Site............................... 16
2. Pre-Bid Interpretations .................................................................. 16
3. Submitting Bids ............................................................................. 17
4. Printed Form of Bid .......................................................................17
5. Bid Guaranty ......................,......................,................................... 17
6. Acceptance or Rejection of Bids ................................................... 17
7. Determination of Award................................................................. 18
8. Evaluation ....,................................................................................ 18
9. Contract Price ...............................................................................18
10. Postponement of Date for Presenting and Opening of Bids.......... 18
11. Qualifications of Bidders ............................................................... 19
12. Addenda and Modifications.........................................................,.19
13. Prevailing Wage Rates................................,................................. 19
14. Occupational Health and Safety.................................................... 19
15. Environmental Regulations ........................................................... 20
16. "Or Equal" Clause .....................................,..,................................ 20
17. Protested Solicitation and Award ..................................................21
18. Financial Stability and Strength..................................................... 21
BIDITENDER FORM................... ... ... ............. ....... ....................... ............ 22
CITY OF MIAMI BEACH LICENSES, PERMITS AND FEES................... 25
SCHEDULE OF PRICES BID ..................................................................26
BID GUARANTY FORM
UNCONDITIONAL LETTER OF CREDIT ................................................ 27
SUPPLEMENT TO BIDITENDER FORM
QUESTIONNAIRE................................................................................... 29
CITY OF MIAMI BEACH
3
00520.
00530.
00540.
00550.
00600.
00708.
00710.
00720.
00721.
00735.
00800.
TABLE OF CONTENTS
(Continued)
SUPPLEMENT TO BIDITENDER FORM
NON-COLLUSION CERTIFICATE ..........................................................35
SUPPLEMENT TO BIDITENDER FORM
DRUG FREE WORKPLACE CERTIFICATION .......................................36
SUPPLEMENT TO BIDITENDER FORM
TRENCH SAFETY ACT........................................................................... 38
RECYCLED CONTENT INFORMATION ................................................. 40
CONTRACT ..... ....... ....................... ............. .............................................41
FORM CERTIFICATE OF INSURANCE.................................................. 51
FORM OF PERFORMANCE BOND ........................................................ 52
FORM OF PAYMENT BOND................................................................... 55
CERTIFICATE AS TO CORPORATE PRINCIPAL ..........,....................... 58
PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL LETTER OF CREDIT .......................................'........ 59
GENERAL CONDITIONS ........................................................................ 61
1. Project Manual.............................................................................. 61
2. Intention of City .............................................,...............................61
3. Preliminary Matters ....................................................................... 62
4, Performance Bond and Payment Bond......................................... 63
5. Qualification of Surety..............,.................................................... 64
6. Indemnification .............................................................................. 66
7. Insurance Requirements ............................................................... 66
8. Labor and Materials ...................................................................... 69
9. Royalties and Patents ................................................................... 70
10. Weather..... .......... ........................................ ................................. 70
11. Permits, Licenses and Impact Fees .............................................. 70
BID NO: 54-01102 CITY OF MIAMI BEACH
DATE: 07103/02 4
TABLE OF CONTENTS
(Continued)
12. Resolution of Disputes .................................................................. 71
13. Inspection of Work ........................................................................ 72
14. Superintendence and Supervision ................................................ 72
15. City's Right to Terminate Contract ................................................ 74
16. Contractor's Right to Stop Work or
Terminate Contract .......................................................................75
17. Assignment ........... ................................... ..................................... 75
18. Rights of Various Interests ............................................................76
19. Differing Site Conditions................................................................ 76
20. Plans and Working Drawings ........................................................ 77
21. Contractor to Check Plans,
Specifications, and Data ............................................................... 77
22. Contractor's Responsibility for
Damages and Accidents ............................................................... 77
23. Warranty ......... ....... ... ....... .................. ....... .......... .......................... 77
24. Supplementary Drawings ..............................................................78
25. Defective Work.............. ......... .......... .... ....... ...... .... ........................ 78
26. Taxes............................................................................................ 79
27. Subcontracts ....,............................................................................ 79
28. Separate Contracts ....................................................................... 79
29. Use of Completed Portions ...........................................................80
30. Lands for Work.............................................................................. 81
31. Legal Restrictions and Traffic Provisions ..............,....................... 81
32. Location and Damage to Existing
Facilities, Equipment or Utilities .................................................... 82
33. Value Engineering.........................................................................83
34. Continuing the Work...................................................................... 83
35. Changes in the Work or Terms
of Contract Documents ................................................................. 83
36. Field Orders and Supplemental Instructions ................................. 84
37. Change Orders. ....... ......... ...... ........... ............................................ 84
38. Value of Change Order Work........................................................ 85
39. Notification and Claim for Change of
Contract Time or Contract Price.................................................... 90
40. No Damages for Delay.................................................................. 90
41. Excusable Delay; Compensable;
Non-Compensable........................................................................ 91
42. Substantial Completion ................................................................. 92
43. No Interest .................................................................................... 92
44. Shop Drawings....................................................... ...... ................. 93
BID NO: 54-01/02 CITY OF MIAMI BEACH
DATE: 07103/02 5
00900.
00920.
00922.
00923.
00925.
00926.
00930.
00950.
01000.
02000.
03000.
04000.
05000.
06000
BID NO: 54-01/02
DATE: 07/03/02
TABLE OF CONTENTS
(Continued)
45. Assignment ................................................................................... 94
46. Safety and Protection.................................................................... 95
47. Final Bill of Materials ..................................................................... 96
48. Payment by City for Tests ............................................................. 96
49. Project Sign...................................................................................96
50. Hurricane Precautions...................................................................96
51. Cleaning Up; City's Right to Clean Up........................................... 97
52. Removal of Equipment.................................................................. 97
53. Nondiscrimination, Equal Employment Opportunity,
and Americans with Disabilities Act............................................... 97
54. Project Records.............................................................................98
SUPPLEMENTARY CONDITIONS ..........................................................99
ADDITIONAL ARTICLES ........................................ ..... .......................... 100
1. Prevailing Wage Rate Ordinance................................................ 100
2. Federal Grant Projects ................................................................ 100
3. Wage Rates ................................................................................101
STATEMENT OF COMPLIANCE
(PREVAILING WAGE RATE ORDINANCE NO. 83-72)......................... 105
STATEMENT OF COMPLIANCE
(DAVIS BACON ACT)............................................................................ 106
CERTIFICATE OF SUBSTANTIAL COMPLETION ............................... 107
FINAL CERTIFICATE OF PAYMENT.................................................... 109
FORM OF FINAL RECEIPT................................................................... 110
DRAWINGS INDEX ...............................................................................112
ADDENDA AND MODIFICATIONS .......................................................116
TECHNICAL SPECiFiCATIONS............................................................117
BID PROPOSAL FORM.................................. .......... ........ ..................... 121
ACKNOWLEDGEMENT OF ADDENDA................................................ 122
CUSTOMER REFERENCE LISTING .................................................... 123
ORDINANCES; LOBBYISTS, CONE OF SILENCE, DEBARMENT, CODE
OF BUSINESS ETHICS, PROTESTED SOLICITATION AWARD,
LOBBYIST FEE DISCLOSURE ............................................................125
CITY OF MIAMI BEACH
6
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
m
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
INVITATION TO BID NO. 54-01/02
NOTICE TO CONTRACTORS
Sealed bids will be received by the City of Miami Beach Procurement Director, 3rd
Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on
the 6th day of August 2002 for:
CONSTRUCTION OF THE BAYSHORE GOLF COURSE
CLUBHOUSE, RESTROOM SHELTERS AND
MAINTENANCE YARD BUILDING
Scope of Work: The work specified in this bid consists of furnishing all labor,
machinery, tools, means of transportation, supplies, equipment, materials, services
necessary for the Construction of the Bayshore Golf Course Clubhouse, the adjacent
Maintenance Building and Surface Parking Areas, and the Golf Course Restroom
Facilities. This Project will consist of a new one-story Golf Clubhouse Facility with
approximately 10,000 square feet of building area, including a merchandise shop,
kitchen, dining area, courtyard landscape work, and site work. It will also include a new
Golf Course Maintenance Facility and Golf Course Restroom Pavilions.
Estimated Budget: $2.5 Million.
Minimum Requirements: Prospective Bidders (General Contractor and/or Sub-
Contractors) must have 3 years experience in the construction of Golf Clubhouse, Golf
Course Restroom Facilities and Maintenance Yard Buildings on a minimum of 4
separate projects each with five-hundred thousand dollars ($500,000) or higher in
construction work. The General Contractor andlor all Sub-Contractors must have
required Licenses in order to pull anylall required permits for the completion of
this Project.
Bid Guarantv: A Bid Guaranty Is not required, however the successful Bidder
executing the Contract will be required to provide the Performance Bond and Payment
Bond in the amount of one-hundred percent (100%) of the contract amount, and
evidence of required insurance within fifteen (15) calendar days after notification of
award of the Contract.
BID NO: 54-01102
DATE: 07103/02
CITY OF MIAMI BEACH
7
At time, date, and place above, bids will be publicly opened. Any bids or proposals
received after time and date specified will be returned to the bidder unopened. The
responsibility for submitting a bid/proposal before the stated time and date is solely and
strictly the responsibility of the bidder/proposer. The city is not responsible for delays
caused by mail, courier service, including U.S. Mail, or any other occurrence.
A Pre-Bid Conference will be held at 10:00 a.m. on July 19, 2002 at the City of
Miami Beach City Hall, City Manager's Large Conference Room, 4th Floor, located
at 1700 Convention Center Drive, Miami Beach, FL 33139.
Attendance at the Pre-bid Conference is highly encouraged and recommended as a
source of information but is not mandatory.
The City has contracted with DemandStar by Onvla as our electronic procurement
service for automatic notification of bid opportunities and document fulfillment. We
encourage you to participate in this bid notification system. To find out how you can
receive automatic bid notifications or to obtain a copy of this Bid, go to
www.demandstar.com or call toll-free 1-800-711-1712, and request Document
#XX3. Subscribing to DemandStar by Onvla's bid notification system is not a
requirement. You will still be able to find bid information and download documents
through the City's website (htto:/IcLmiami-beach.f1.us). From the City's home page, click
on E-Government - on line services on the next web page click on Request Bid
Information and Bid Status and follow the instructions. Plans and specifications are
available for this bid but must be ordered through T-Square Miami, Phone No.
(305) 324-1234. The attached order form on page 11 of the Bid package must be
completed and returned to T-Square Miami before prospective bidders will receive
requested plans and specifications.
Any questions or clarifications concerning this Invitation to Bid shall be submitted in
writing by mail or facsimile to the Procurement Department, 1700 Convention Center
Drive, Miami Beach, FL 33139 FAX: (305) 673-7851. The Bid title/number shall be
referenced on all correspondence.
All questions must be received no later than ten (10) calendar days prior to the
scheduled Bid opening date. All responses to questions/clarifications will be sent to all
prospective bidders in the form of an addendum. The City of Miami Beach reserves the
right to accept any proposal or bid deemed to be in the best interest of the City of Miami
Beach, or waive any informality in any proposal or bid. The City of Miami Beach may
reject any and all proposals or bids.
BID NO: 54-01102
DATE: 07103/02
CITY OF MIAMI BEACH
8
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
"CONE OF SILENCE, " IN ACCORDANCE WITH ORDINANCE NO. 99-3164. A
COPY OF ALL WRITTEN COMMUNICATION(S) REGARDING THIS BID MUST BE
FILED WITH THE CITY CLERK.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO
THE "CODE OF BUSINESS ETHICS" ("CODE"), IN ACCORDANCE WITH
RESOLUTION NO. 2000-23879.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
CITY OF MIAMI BEACH DEBARMENT ORDINANCE NO. 2000-3234.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
BID SOLICITATION PROTEST ORDINANCE NO. 2002-3344.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
CITY OF MIAMI BEACH LOBBYIST FEES DISCLOSURE ORDINANCE NO. 2002-
3363.
CITY OF MIAMI BEACH
~,
/"- /' /<~;:~;/
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I. t....
Gus Lopez, CPPO
Procurement Director
BID NO: 54-01102
DATE: 07/03/02
CITY OF MIAMI BEACH
9
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE. MIAMI BEACH, FLORIDA 33139
http:\\ci,miami-beach,fl.us
PROCUREMENT DMSION
Telephone (305) 673-7490
Facsimile (305) 673-7851
Bid No. 54-01/02
CONSTRUCTION OF THE BA YSHORE GOLF COURSE
CLUBHOUSE, RESTROOM SHELTERS AND
MAINTENANCE YARD BUILDING
NOTICE TO PROSPECTIVE BIDDERS
NO BID
If not submitting a bid at this time, please detach this sheet from the bid documents, complete the
information requested, and return to the address listed above,
NO BID SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED:
_ Our company does not handle this type of product/service.
_ We cannot meet the specifications nor provide an alternate equal product.
Our company is simply not interested in bidding at this time.
Due to prior commitments, I was unable to attend pre-proposal meeting,
OTHER. (Please specify)
We do _ do not _ want to be retained on your mailing list for future bids for this type or
product and/or service.
Signature:
Title:
Company:
Note: Failure to respond. either by submitting a bid or this completed form, may result in your company.
BID NO: 54-01102
DATE: 07/03/02
CITY OF MIAMI BEACH
10
C.O.D Order
T -SQUARE
ATTN:CARMEN DAVILA
FAX 305-324-8040
PHONE 305-3241234 EX. 320
CITY OF MIAMI BEACH
BID # 54-01/02
CONSTRUCTION OF THE BAYSHORE GOLF COURSE CLUBHOUSE,
RESTROOM SHELTERS AND MAINTENANCE YARD BUILDING
Authorized by : Roman Martinez
Fax: 305.324.8040
ComDlete Set Bavshore Golf Course Clubhouse 71 Plans - 24x36
ComDlete Set Maintenance Yard Bulldina 28 Plans . 24x36
ComDlete Set Restroom Shelters 9 Plans - 24x36
Division One Documents - 8.5 x 11 SDecifications
Technical SDecifications - 8.5 x 11 SDecifications
Price per SQ.FT 5.Ucnts full size! half size 5 1.00 per first copy &.45 second copy Total
(MINIMUM ORDER FOR FREE DELIVERY 520.00 PER DELIVER)
COMPANY NAME: ORDER BY:
Bill to:
COD T -Square Acct# 613204 Cash:
Credit Card #
Visa:_ Amex:_Master:_ Other:
Ex. date
In the name of:
Authorization signature
Ship TO:
City
State
zip code
Phone: _-_-_Fax:_ -_ -_ Contact name
Title
Received by:
shipped by: UPS #
FED EX #
Received by:
shipped by: UPS #
FED EX #
Next day air _ Next day air saver _Ground _Second day air AM _Second air
Three day select Handling charge S
Order received by T -Square: Title:
ANY QUESTION AT T-SQUARE PLEASE CALL 305-324-1234
ASK FOR: Rusty James = VP Production
Don Walker = Production Department
Jesus Luya = Production Department
Veronica Lorza = Account Manager
Carmen Elena Davila = Sales Manager
= Ext. 202
= Ext. 224
= Ext. 224
= Ext. 230
= Ext. 320
If you already have an account with T-Square please use your account
# to place the order.
Thank you for your business.
BID NO: 54-G1I02
DATE: 07/03/02
CITY OF MIAMI BEACH
11
00100.
GENERAL INSTRUCTIONS TO BIDDERS:
1. General: The following instructions and those set forth in Section 00300 herein
are given for the purpose of guiding Bidders in properly preparing their bids.
Such instructions have equal force and weight with other portions of the Contract
Documents and strict compliance is required with all the provisions contained in
the instructions. Bidders shall note that various paragraphs within these bid
documents have a [ ] box which may be checked. If the box is checked, the
language is made a part of the bid documents and compliance therewith is
required of the Bidder; if the box is not checked, the language is not made a part
of the bid documents.
2. Scooe of Work: The work specified in this bid consists of furnishing all labor,
machinery, tools, means of transportation, supplies, equipment, materials,
services necessary for the Construction of the Bayshore Golf Course Clubhouse,
the adjacent Maintenance Building and Surface Parking Areas, and the Golf
Course Restroom Facilities. This Project will consist of a new one-story Golf
Clubhouse Facility with approximately 10,000 square feet of building area,
including a merchandise shop, kitchen, dining area, courtyard landscape work,
and site work. It will also include a new Golf Course Maintenance Facility and
Golf Course Restroom Pavilions.
3. Location of Work: Clubhouse Location: 2301 Alton Rd., Miami Beach Florida,
33139. Maintenance Yard Facility Location: Access road at 28th Street and
Meridian Ave. Miami Beach, Florida, 31339. Restroom Shelters Pavilions
Locations: Refer to Master Site Plan.
4. Abbreviations and Svmbols: The abbreviations used throughout the Contract
Documents are defined hereinafter in the Technical Specifications. The symbols
used in the Plans are defined therein.
BID NO: 54-01102
DATE: 07103/02
CITY OF MIAMI BEACH
12
00200. DEFINITIONS:
1. Definitions: Whenever the following terms or pronouns in place of them appear
in the Project Manual, the intent and meaning shall be interpreted as follows:
1.1. Bidder: Any individual, firm, or corporation submitting a bid for this
Project, acting directly or through a duly authorized representative.
1.2. Change Order: A written document ordering a change in the Contract
Price or Contract Time or a material change in the Work of Watermain
and Hangers.
1.3. City: The City (or Owner) shall mean the City of Miami Beach, a Florida
municipal corporation, having its principal offices at 1700 Convention
Center Drive, Miami Beach, Florida 33139, which is a party hereto and
lor for which this Contract is to be performed. In all respects hereunder,
City's performance is pursuant to City's position as the owner of a
construction project. In the event City exercises its regulatory authority
as a governmental body, the exercise of such regulatory authority and
the enforcement of any rules, regulations, laws and ordinances shall be
deemed to have occurred pursuant to City's regulatory authority as a
governmental body and shall not be attributable in any manner to City
as a party to this Contract.
1.4. City Commission: City Commission shall mean the governing and
legislative body of the City.
1.5. City Manager: City Manager shall mean the Chief Administrative Officer
of the City.
1.6. Consultant: Architect or Engineer who has contracted with City or who
is an employee of City, to provide professional services for this Project.
1.7. Contract: The part or section of the Contract Documents addressing
some of the rights and duties of the parties hereto, including but not
limited to contract time and liquidated damages.
1.8. Contract Documents Clarification: (Not Applicable)
1.9. Contract Administrator: The City's Contract Administrator shall mean
the individual appointed by the City Manager who shall be the City's
authorized representative to coordinate, direct, and review on behalf of
the City, all matters related to the Project.
1.10. Contract Documents: The Project Manual including drawings (plans)
and specifications, the Notice for Bids, Addenda, if any, to the Project
Manual, the Bid Tender Form, the record of the award by the City
BID NO: 54-01102 CITY OF MIAMI BEACH
DATE: 07/03102 13
Commission, the Performance Bond and Payment Bond, the Notice of
Award, the Notice(s) to Proceed, the Purchase Order, Change Orders,
Field Orders, Supplemental Instructions, and any additional documents
the submission of which is required by this Project Manual, are the
documents which are collectively referred to as the Contract
Documents.
1.11. Contract Price: The original amount established in the bid submittal and
award by the City, as may be amended by Change Order.
1.12. Contract Time: The original tirne between commencement and
completion, including any milestone dates thereof, established in
Article 2 of the Contract, as may be amended by Change Order.
1.13. Contractor: The person, firm, or corporation with whom the City has
contracted and who is responsible for the acceptable performance of
the Work and for the payment of all legal debts pertaining to the Work.
All references in the Contract Documents to third parties under contract
or control of Contractor shall be deemed to be a reference to
Contractor.
1.14. Field Order: A written order which orders minor changes in the Work but
which does not involve a change in the Contract Price or Contract Time.
1.15. Final Completion: The date certified by Consultant in the Final
Certificate of Payment upon which all conditions and requirements of
any permits and regulatory agencies have been satisfied; any
documents required by the Contract Documents have been received by
Consultant; any other documents required to be provided by Contractor
have been received by Consultant; and to the best of Consultant's
knowledge, information and belief the Work defined herein has been
fully completed in accordance with the terms and conditions of the
Contract Documents.
1.16. Inspector: An authorized representative of Consultant or City assigned
to make necessary inspections of materials furnished by Contractor and
of the work performed by Contractor.
1.17. Materials: Materials incorporated in this Project, or used or consumed
in the performance of the Work.
1.18. Notice(s) to Proceed: Written notice to Contractor authorizing the
commencement of the activities identified in the notice or as described
in the Contract Documents.
1.19. Plans and/or Drawings: The official graphic representations of this
Project which are a part of the Project Manual.
BID NO: 54-01102 CITY OF MIAMI BEACH
DATE: 07/03/02 14
1.20. Program Manager: URS Corporation, Eastern Financial Building,
Suite 1000, 700 South Royal Poinciana Boulevard, Miami Springs,
Florida 33166
1.21. Project: The construction project described in the Contract Documents,
including the Work described therein.
1.22. Project Initiation Date: The date upon which the Contract Time
commences.
1.23. Project Manual: The official documents setting forth bidding information
and requirements; contract form, bonds, and certificates; General and
Supplementary Conditions of the Contract Documents; the
specifications; and the plans and drawings of the Project.
1.24. Resident Project Representative: An authorized representative of
Consultant or Program Manager assigned to represent Consultant or
Program Manager on the Project.
1.25. Subcontractor: A person, firm or corporation having a direct contract
with Contractor including one who furnishes material worked to a
special design according to the Contract Documents, but does not
include one who merely furnishes Materials not so worked.
1.26. Substantial Completion: The date certified by Consultant when all
conditions and requirements of permits and regulatory agencies have
been satisfied and the Work is sufficiently complete in accordance with
the Contract Documents so the Project is available for beneficial
occupancy by City. A Certificate of Occupancy or Certificate of
Completion must be issued for Substantial Completion to be achieved,
however, the issuance of a Certificate of Occupancy or Certificate of
Completion or the date thereof are not to be determinative of the
achievement or date of Substantial Completion.
1.27. Surety: The surety company or individual which is bound by the
performance bond and payment bond with and for Contractor who is
primarily liable, and which surety company or individual is responsible
for Contractor's satisfactory performance of the work under the contract
and for the payment of all debts pertaining thereto in accordance with
Section 255.05, Florida Statutes.
1.28. Work: The construction and services required by the Contract
Documents, whether completed or partially completed, and includes all
other labor, materials, equipment and services provided or to be
provided by Contractor to fulfill Contractor's obligations. The Work may
constitute the whole or a part of the Project.
BID NO: 54-01102 CITY OF MIAMI BEACH
DATE: 07103102 15
00300. INSTRUCTIONS TO BIDDERS:
1. Examination of Contract Documents and Site: It is the responsibility of each
Bidder before submitting a Bid, to:
1.1. Examine the Contract Documents thoroughly,
1.2. Visit the site or structure to become familiar with conditions that may
affect costs, progress, performance or furnishing of the Work,
1.3. Take into account federal, state and local (City and Miami-Dade
County) laws, regulations, ordinances that may affect costs, progress,
performance, furnishing of the Work, or award,
1.4. Study and carefully correlate Bidder's observations with the Contract
Documents, and
1.5. Carefully review the Contract Documents and notify Consultant of all
conflicts, errors or discrepancies in the Contract Documents of which
Bidder knows or reasonably should have known.
The submission of a Bid shall constitute an incontrovertible representation by
Bidder that Bidder has complied with the above requirements and that without
exception, the Bid is premised upon performing and furnishing the Work required
by the Contract Documents and that the Contract Documents are sufficient in
scope and detail to indicate and convey understanding of all terms and
conditions for performance and furnishing of the Work.
2. Pre-Bid Interoretations: Only questions answered by written Addenda will be
binding. Oral and other interpretations or clarifications will be without legal effect.
All questions about the meaning or intent of the Contract Documents are to be
directed to the City's Procurement Director in writing. Interpretations or
clarifications considered necessary by the City's Procurement Director in
response to such questions will be issued by City by means of Addenda mailed
or delivered to all parties recorded by the City's Procurement Director as having
received the Bidding Documents. Written questions should be received no less
than ten (10) calendar days prior to the date of the opening of Bids. There shall
be no obligation on the part of City or the City's Procurement Director to respond
to questions received less than ten (10) calendar days prior to bid opening.
BID NO: 54-01102
DATE: 07/03/02
CITY OF MIAMI BEACH
16
3. Submittina Bids: All bids must be received in the Procurement Division, City of
Miami Beach, 1700 Convention Center Drive, Third Floor, Miami Beach, Florida
33139, before the time and date specified for bid opening, enclosed in a sealed
envelope, legibly marked on the outside:
BID FOR: CONSTRUCTION OF THE BA YSHORE GOLF
COURSE CLUBHOUSE AND MAINTENANCE
BUILDING
BID/CONTRACT NO.: 54-01/02
4. Printed Form of Bid: All bids must be made upon the blank BidlTender Form
included herein and must give the price in strict accordance with the instructions
thereon. The bid must be signed and acknowledged by the Bidder in accordance
with the directions on the bid form.
5. Bid Guarantv: All Biss shall be aesefJlpanied by eitAer an original biG bond
oxoouted by a sl:Jrety eempany meetiRg tAO ql:Jalifioations for sLJrety oompanies
as speoified in Seotion 5, General ConGitions, or by oash, money order, oertified
cheok, casAier's check, Bid Guar:aFlty Form, UnocmditioFlal Letter of Credit (Form
00410), treasurer's check or bank draft of any national or state bank (URited
States), in the amOLJnt of $3,000.00, payable to City of Miami Beach, Florida, and
oonditioned upon the sLJooessful Bidder exoouting the Contraot and providing the
required one hundred peroent (100%) Porformance Bond and Payment Bond
and evidenoe of reqLJirod insl:Jrance within fifteen (15) calendar days aftor
notification of award of tho ContFOClt. ^ PERSONAL CHECK OR ^ COMPJ\NY
CHECK OF ^ BIDDER SHJ\LL NOT BE DEEMED ,^. 'lAUD BID SECURITY.
Security of the successful Bidder shall be forfeited to the City of Miami Beach as
liquidates damages, not as a penalty, fer the oost and expense inourred should
said Bidder fail to exeOLJto the Contract, provide tho required Performanco Bond,
Payment Bond ami Certifioate(s) of InSl:JraAOe, within fifteen (15) calendar days
after notification of the a.....ard of the Contr-aot, or faih:lre to oomply with any other
reql:Jirements set forth hereiFl. The time for execl:Jtien of the Contract and
pr-ovision of the Performance Bond, Payment Bond and Certificate(s) of
Insurance may be extende8 by the City's Preel:Jrement Director for good cause
shown. Bid SecLJrities of the LJnsuccessful Bidders will bo returned after award of
CeAtr8ct.
A Bid Guaranty is not required, however the successful Bidder executing the
Contract will be required to provide the Performance Bond and Payment Bond in
the amount of one-hundred percent (100%) of the contract amount, and evidence
of required insurance within fifteen (15) calendar days after notification of award
of the Contract.
BID NO: 54-01102
DATE: 07103/02
CITY OF MIAMI BEACH
17
6. Acceotance or Reiection of Bids: The City reserves the right to reject any or all
bids prior to award. Reasonable efforts will be made to either award the Contract
or reject all bids within ninety (90) calendar days after bid opening date. A Bidder
may not withdraw its bid unilaterally nor change the Contract Price before the
expiration of ninety (90) calendar days from the date of bid opening. A Bidder
may withdraw its bid after the expiration of ninety (90) calendar days from the
date of bid opening by delivering written notice of withdrawal to the Purchasing
Division prior to award of the Contract by the City Commission.
7. Determination of Award: The City Commission shall award the contract to the
lowest and best bidder. In determining the lowest and best bidder, in addition to
price, there shall be considered the following:
a. The ability, capacity and skill of the bidder to perform the Contract.
b. Whether the bidder can perform the Contract within the time specified,
without delay or interference.
c. The character, integrity, reputation, judgement, experience and
efficiency of the bidder.
d. The quality of performance of previous contracts.
e. The previous and existing compliance by the bidder with laws and
ordinances relating to the Contract.
8. Evaluation: An interim performance evaluation of the successful Contractor may
be submitted by the Contract Administrator during construction of the Project. A
final performance evaluation shall be submitted when the Request for Final
Payment to the construction contractor is forwarded for approval. In either
situation, the completed evaluation(s) shall be forwarded to the City's
Procurement Director who shall provide a copy to the successful
CONTRACTOR. Said evaluation(s) may be used by the City as a factor in
considering the responsibility of the successful CONTRACTOR for future bids
with the City.
9. Contract Price: The Contract Price is to include the fumishing of all labor,
materials, equipment including tools, services, permit fees, applicable taxes,
overhead and profit for the completion of the Work except as may be otherwise
expressly provided in the Contract Documents. The cost of any item(s) of Work
not covered by a specific Contract unit price or lump sum price shall be included
in the Contract unit price or lump sum price to which the item(s) is most
applicable.
10. Postoonement of Date for Presentina and Ooenina of Bids: The City reserves
the right to postpone the date for receipt and opening of bids and will make a
reasonable effort to give at least seven (7) calendar days written notice of any
such postponement to each prospective Bidder.
BID NO: 54-01102
DATE: 07103/02
CITY OF MIAMI BEACH
18
11. Qualifications of Bidders: Bids shall be considered only from firms normally
engaged in performing the type of work specified within the Contract Documents.
Bidder must have adequate organization, facilities, equipment, and personnel to
ensure prompt and efficient service to City.
In determining a Bidder's responsibility and ability to perform the Contract, City
has the right to investigate and request information concerning the financial
condition, experience record, personnel, equipment, facilities, principal business
location and organization of the Bidder, the Bidder's record with environmental
regulations, and the claimsllitigation history of the Bidder.
12. Addenda and Modifications: The City shall make reasonable efforts to issue
addenda within seven (7) calendar days prior to bid opening. All addenda and
other modifications made prior to the time and date of bid opening shall be
issued as separate documents identified as changes to the Project Manual.
13. Prevailina Waae Rates: City of Miami Beach Ordinance No, 94-2960 provides
that in all non-federally funded construction contracts in excess of one million
dollars to which the City of Miami Beach is a party, the rate of wages and fringe
benefits, or cash equivalent, for all laborers, mechanics and apprentices
employed by any contractor or subcontractor on the work covered by the
contract, shall not be less than the prevailing rate of wages and fringe benefit
payments or cash equivalence for similar skills or classifications of work, as
established by the Federal Register, in the City of Miami Beach, Florida. The
provisions of this Ordinance shall not apply to the following projects:
a. water, except water treatment facilities and lift stations;
b. sewer, except sewage treatment facilities and lift stations;
c. storm drainage;
d. road construction, except bridges or structures requiring pilings;
and
e. beautification projects, which may include resurfacing new curbs,
gutters, pavers, sidewalks, landscaping, new lighting, bus shelters,
bus benches and signage.
14. Occuoational Health and Safety: In compliance with Chapter 442, Florida
Statutes, any toxic substance listed in Section 38F-41.03 of the Florida
Administrative Code delivered as a result of this bid must be accompanied by a
Material Safety Data Sheet (MSDS) which may be obtained from the
manufacturer. The MSDS must include the following information:
14.1. The chemical name and the common name of the toxic substance.
14.2. The hazards or other risks in the use of the toxic substance, including:
14.2.1.
The potential for fire, explosion, corrosion, and reaction;
BID NO: 54-01102
DATE: 07/03/02
CITY OF MIAMI BEACH
19
14.2.2.
The known acute and chronic health effects of risks from
exposure, including the medical conditions which are
generally recognized as being aggravated by exposure to
the toxic substance; and
14.2.3.
The primary routes of entry and symptoms of overexposure.
14.3. The proper precautions, handling practices, necessary personal
protective equipment, and other safety precautions in the use of or
exposure to the toxic substances, including appropriate emergency
treatment in case of overexposure.
14.4. The emergency procedure for spills, fire, disposal, and first aid.
14.5. A description in lay terms of the known specific potential health risks
posed by the toxic substance intended to alert any person reading this
information.
14.6. The year and month, if available, that the information was compiled and
the name, address, and emergency telephone number of the
manufacturer responsible for preparing the information.
15. Environmental Reaulations: The City reserves the right to consider a Bidder's
history of citations and/or violations of environmental regulations in investigating
a Bidder's responsibility, and further reserves the right to declare a Bidder not
responsible if the history of violations warrant such determination in the opinion
of the City. Bidder shall submit with its Bid, a complete history of all citations
and/or violations, notices and dispositions thereof. The nonsubmission of any
such documentation shall be deemed to be an affirmation by the Bidder that
there are no citations or violations. Bidder shall notify the City immediately of
notice of any citation o"r violation which Bidder may receive after the Bid opening
date and during the time of performance of any contract awarded to it.
16. "Or Eaual" Clause: Whenever a material, article or piece of equipment is
identified in the Contract Documents including plans and specifications by
reference to manufacturers' or vendors' names, trade names, catalog numbers,
or otherwise, City, through Consultant, will have made its best efforts to name at
least three (3) such references. Any such reference is intended merely to
establish a standard; and, unless it is followed by the words "no substitution is
permitted" because of form, fit, function and quality, any material, article, or
equipment of other manufacturers and vendors which will perform or serve the
requirements of the general design will be considered equally acceptable
provided the materials, article or equipment so proposed is, in the sole opinion of
Consultant, equal in substance, quality and function.
BID NO: 54-01102
DATE: 07/03/02
CITY OF MIAMI BEACH
20
ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S
PROCUREMENT DIRECTOR, WHO SHALL FORWARD SAME TO
CONSULTANT.
17. Protested Solicitation Award:
Bidders that are not selected may protest any recommendation for Contract
award in accordance with City of Miami Beach Ordinance No. 2002-3344,
which establishes procedures for resulting protested bids and proposed
awards. Protest not timely pursuant to the requirements of Ordinance
No. 2002-3344 shall be barred.
18. Financial Stabilitv and Strenath:
The bidder must be able to demonstrate a good record of performance and
have sufficient financial resources to ensure that they can satisfactorily
provide the goods and/or services required herein.
Bidders/Proposers shall submit financial statements for each of their last two
complete fiscal years within ten (10) calendar days, upon written request.
Such statements should include, as a minimum, balance sheets (statements
of financial position) and statements of profit and loss (statement of net
income). When the bid submittal is from a Joint Venture, each
Bidder/Proposer involved in the Joint Venture must submit financial
statements as indicated above.
Any Bidder/Proposer who, at the time of bid submission, is involved in an
ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or
dissolution proceeding, or if a trustee or receiver has been appointed over all
or a substantial portion of the property of the Bidder/Proposer under federal
bankruptcy law or any state insolvency, may be declared non-responsive.
BID NO: 54-01102
DATE: 07103/02
CITY OF MIAMI BEACH
21
QQ499. 8IDIT~ND~R FORM:
Sl:I!:lmittee:
Gate
City of Miami 8eaah, FloriEla
179g COAveAtioFl CeAter Drive
Miami 8eaah, FleFiEla 33139
The l,lnsersi€lAed, as 8iElEler, hereby E1ealares that the oAly l'leFSons iFlterested in this !:lid
as I'lrinoipal are Flamed hereiFl aFld that no person other thaFl herein mentioned has any
iFlterest iFl this bid or iFl the Centr-act to be enter-es inte; that this bid is made .....ithol:lt
ooFlnection with any other persen, firm, or parties making a bid; and that it is, in all
FOspects, made fairly and in €lead faith without celh:lsion or fral:ld.
The 8iador further seolares that it has examiRed the site of the 'Nork ane infoFR'led itself
fully of all oonditions l'lertaiFliFlg to the plaoe where the 'Nork is te be dOFle; that it has
examiAed the Contrast Docl:lments and all adEleRea tRereto furnished before the
oponing of the biss, as aoknowledged bel O'.\'; and tRat it haG satisfied itself abel:lt the
'Nork to !:le performed; and that it has sl:lbmitted the reql:lired 8id Gl:laranty; and all other
reql:lired information with the bid; and that this bid is sl:lbmitted voluntarily and willingly.
The Bidder agrees, if this bid iG acoepted, to oontraot with the City, a I'lelitioal sl:lbdivision
of the State of Florida, pur-suant to the terms and oonditiElAG of the Contract Dool:lments
and to fl:lrnish all neoessary materials, eqIJipment, maohinery, tools, apparatus, means
of transportation, and all labor neoessary to oonstruct and oomplete within the time
limits specified tRe '.^.fork oevered by the Contract DoolJments for the Projeot entitled:
The 8idder alse agrees to fumisR the requires Performanoe 8EmEl and Payment 80nd or
alternative form of seourity, if permitted by the City, each for not less than the total bid
prioe plus alternates, if any, and to furnish the requires Certificate(s) of Insuranoo.
The uRdersi€lned further a€lrees that the !:lid gl:laranty assompaFlying the bid shall be
forfoited if Bidder fails te exeoute said Contract, or fails to furnish the required
PerfermaFlae 80nd and Payment 80mt or fails te furnish the required Certifioate(s) of
Insuranoe within fifteen (15) calendar days after being notified of the awar-d of tho
CORtraot.
In the event at arithmetioal err-ors, the 8idser agrees that these errors are errers whish
may !:le oorrected !:ly the City. 11'1 the event of a discrel'laFloy between the price bid in
fi€lures and tRe price !:lid iA words, tRe price in 'll.'or-EIs shall €lo':em. 8idder agrees that
OAY UFlit prioe !isteEl in the bid is to be multiplied by the stated quantity requirements in
or-der to amve at the total.
BID NO: 54-01/02
DATE: 07/03/02
CITY OF MIAMI BEACH
22
Ackno.....ledgment is "'ereby maEle of the fallowing adElanda (iElentifieEl by nl:lmber)
FeseiveEl since issl:lanea ef the Preject Manl:lal:
:\tt8c"'ed is a 8iEl 80nEl [ ], Cash [ ], Maney OrEler [ ], Unoonditional Letter of CreElit [ ],
Tr-easurer's Cheek [ ], 8ank Draft [ ], Cashier's Check [ ], or Certified Check [ ]
No. 8ank of for
t"'e sl:Im ef Dollars
($
).
The 8idEler s"'811 acknowledge this bid by signing anEl eomf/leting the sf/aoes pr-o'/iEled
below.
Name of 8iaEler:
City./State/Zi\3 :
TolepRone No.:
Soeial Sesl:Irity
~lo. or FeEleral
I.D.Na.:
Dun and
8r-aastreet No.:
(if applioable)
If a partnershi\3. names anEl aElElresses of partners:
BID NO: 54-01102
DATE: 07/03/02
CITY OF MIAMI BEACH
23
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IN ORDER TO BE CON~IDERE;D ~~PONSIVE. THE BIDDER MUST COMPLETE.
THIS FORM. SIGN AND SUBMIT IT WITH ITS BID DOCUMENT.
Tran Construction,
Name of Bidder
Authorized Signature of Bidder
.COMPLETlON REQUIRES FILLING IN THE APPROPRIATE DETAILS UNDER THE
HEADINGS. i.e.. DESCRIPTION. UNIT. QUANTITY PRICE. UNIT PRICE.
EXTENDED. AND METHOD.
BID NO: S4-0lf02
DATE: 07/03102
CITY OF MIAMI BEACH
39
00550. RECYCLED CONTENT INFORMATION
In support of the Florida Waste Management Law, Bidders are encouraged to supply
with their bid, any information available regarding recycled material content in the
products bid. The City is particularly interested in the type of recycled material used
(such as paper, plastic, glass, metal, etc.); and the percentage of recycled material
contained in the product. The City also requests information regarding any known or
potential material content in the product that may be extracted and recycled after the
product has served its intended purpose.
BID NO: 54-01102
DATE: 07103/02
CITY OF MIAMI BEACH
40
00600. CONTRACT
CONTRACT
THIS IS A CONTRACT, by and between the City of Miami Beach, a political
subdivision of the State of Florida, hereinafter referred to as CITY, and TRAN
CONSTRUCTION. INC.. hereinafter referred to as CONTRACTOR.
WIT N E SSE T H, that CONTRACTOR and CITY, for the considerations
hereinafter named, agree as follows:
ARTICLE 1
SCOPE OF WORK
CONTRACTOR hereby agrees to furnish all of the labor, materials, equipment
services and incidentals necessary to perform all of the work described in the Contract
Documents and related thereto for the Project.
ARTICLE 2
CONTRACT TIME
2.1 CONTRACTOR shall be instructed to commence the Work by written instructions
in the form of a Standing Order issued by the City's Procurement Director and a
Notice to Proceed issued by the Contract Administrator. Two (2) Notices to
Proceed will be issued for this Contract. CONTRACTOR shall commence
scheduling activities, permit applications and other preconstruction work within
five (5) calendar days after the Project Initiation Date, which shall be the same as
the date of the first Notice to Proceed. The first Notice to Proceed and Purchase
Order will not be issued until CONTRACTOR's submission to CITY of all required
documents(including but limited to: Payment and Performance Bonds, and
Insurance Certificate) and after execution of the Contract by both parties.
2.1.1. The receipt of all necessary permits by CONTRACTOR and acceptance
of the full progress schedule in accordance with technical specifications
section, submittal schedule and schedule of values is a condition
precedent to the issuance of a second Notice to Proceed to rnobilize on
the Project site and commence with physical construction of the work.
The CONTRACTOR shall submit all necessary documents required by
this provision within twenty-one (21) calendar days of the issuance of
the first Notice to Proceed.
BID NO: 54-01101 CITY OF MIAMI BEACH
DATE: 07103101 41
2.2 Time is of the essence throughout this Contract. The Clubhouse and Restroom
Pavilions Work shall be substantially completed within Two Hundred Sixty-
nine (269) calendar days from the issuance of the second Notice to Proceed,
and completed and ready for final payment in accordance with Article 5 within
thirty (30) calendar days from the date certified by CONSULTANT as the date of
Substantial Completion. The Maintenance Yard Bulldina shall be substantially
completed within One-Hundred Fifty (150) calendar days from the issuance of
the second Notice to Proceed, and completed and ready for final payment in
accordance with Article 5 within thirty (30) calendar days from the date certified
by CONSULTANT as the date of Substantial Completion.
2.3 Upon failure of CONTRACTOR to substantially complete the Contract within the
specified period of time, plus approved time extensions, CONTRACTOR shall
pay to CITY the sum of One-Thousand Dollars ($1,000.00) for each calendar
day after the time specified in Section 2.2 above, plus any approved time
extensions, for Substantial Completion. After Substantial Completion should
CONTRACTOR fail to complete the remaining work within the time specified in
Section 2.2 above, plus approved time extensions thereof, for completion and
readiness for final payment, CONTRACTOR shall pay to CITY the sum of One-
Thousand Dollars ($1,000.00) for each calendar day after the time specified in
Section 2.2 above, plus any approved extensions, for completion and readiness
for final payment. These amounts are not penalties but are liquidated damages
to CITY for its inability to obtain full beneficial occupancy and/or use of the
Project. Liquidated damages are hereby fixed and agreed upon between the
parties, recognizing the impossibility of precisely ascertaining the amount of
damages that will be sustained by CITY as a consequence of such delay, and
both parties desiring to obviate any question of dispute concerning the amount of
said damages and the cost and effect of the failure of CONTRACTOR to
complete the Contract on time.
The above-stated liquidated damages shall apply separately to each portion of
the Project for which a time for completion is given.
2.4 CITY is authorized to deduct liquidated damages from monies due to
CONTRACTOR for the Work under this Contract or as much thereof as CITY
may, in its sole discretion, deem just and reasonable.
2.5 CONTRACTOR shall be responsible for reimbursing CITY, in addition to
liquidated damages, for all costs incurred by CONSULTANT in administering the
construction of the Project beyond the completion date specified above, plus
approved time extensions. CONSULTANT construction administration costs
shall be pursuant to the contract between CITY and CONSULTANT, a copy of
which is available upon request of the Contract Administrator. All such costs
shall be deducted from the monies due CONTRACTOR for performance of Work
BID NO: 54-01102
DATE: 07/03/02
CITY OF MIAMI BEACH
42
under this Contract by means of unilateral credit change orders issued by CITY
as costs are incurred by CONSULTANT and agreed to by CITY.
BID NO: 54-01102
DATE: 07103/02
CITY OF MIAMI BEACH
43
ARTICLE 3
THE CONTRACT SUM
[] This is a Unit Price Contract:*
3.1 CITY shall pay to CONTRACTOR the amounts determined for the total number
of each of the units of work completed at the unit price stated in the schedule of
prices bid. The number of units contained in this schedule is an estimate only,
and final payment shall be made for the actual number of units incorporated in or
made necessary by the Work covered by the Contract Documents.
3.2 Payment shall be made at the unit prices applicable to each integral part of the
Work. These prices shall be full compensation for all costs, including overhead
and profit, associated with completion of all the Work in full conformity with the
requirements as stated or shown, or both, in the Contract Documents. The cost
of any item of work not covered by a definite Contract unit price shall be included
in the Contract unit price or lump sum price to which the item is most applicable.
[ X ] This is a Lump Sum Contract:*
3.1 CITY shall pay to CONTRACTOR for the performance of the Work described in
the Contract Documents, the total price stated as awarded.
3.2 Payment shall be at the lump sum price stated in the Contract. This price shall
be full compensation for all costs, including overhead and profit, associated with
completion of all the work in full conformity with the requirements as stated or
shown, or both, in the Contract Documents. The cost of any item of work not
covered by a definite Contract lump sum should be included in the lump sum
price to which the item is most applicable.
*Note: Some Projects include both unit prices and lump sums in which case both
sections shall apply to the Work identified for each type of Contract.
ARTICLE 4
PROGRESS PAYMENTS
4.1 CONTRACTOR may make Application for Payment for work completed during
the Project at intervals of not more than once a month. CONTRACTOR's
application shall show a complete breakdown of the Project components, the
quantities completed and the amount due, together with such supporting
evidence as may be required by CONSULTANT. CONTRACTOR shall include,
but same shall be limited to, at Consultant's discretion, with each Application for
Payment, an updated progress schedule acceptable to CONSUL T ANT as
BID NO: 54-01/02
DATE: 07/03/02
CITY OF MIAMI BEACH
44
required by the Contract Documents and a release of liens and consent of surety
relative to the work which is the subject of the Application. Each Application for
Payment shall be submitted in triplicate to CONSULTANT for approval. CITY
shall make payment to CONTRACTOR within thirty (30) days after approval by
CONSULTANT of CONTRACTOR's Application for Payment and submission of
an acceptable updated progress schedule.
4.2 Ten percent (10%) of all monies earned by CONTRACTOR shall be retained by
CITY until Final Completion and acceptance by CITY in accordance with Article 5
hereof, except that after ninety percent (90%) of the Work has been completed,
the Contract Administrator may reduce the retainage to five percent (5%) of all
monies previously earned and all monies earned thereafter. Any reduction in
retainage shall be in the sole discretion of the Contract Administrator, shall be
recommended by CONSULTANT and CONTRACTOR shall have no entitlement
to a reduction. Any interest earned on retainage shall accrue to the benefit of
CITY. All requests for retainage reduction shall be in writing in a separate stand
alone document.
4.3 CITY may withhold, in whole or in part, payment to such extent as may be
necessary to protect itself from loss on account of:
4.3.1 Defective work not remedied.
4.3.2 Claims filed or reasonable evidence indicating probable filing of claims
by other parties against CONTRACTOR or CITY because of
CONTRACTOR's performance.
4.3.3 Failure of CONTRACTOR to make payments properly to Subcontractors
or for material or labor.
4.3.4 Damage to another contractor not remedied.
4.3.5 Liquidated damages and costs incurred by CONSULTANT for extended
construction administration.
4.3.6 Failure of CONTRACTOR to provide any and all documents required by
the Contract Documents.
When the above grounds are removed or resolved satisfactory to the Contract
Administrator, payment shall be made in whole or in part.
BID NO: 54-01102
DATE: 07103/02
CITY OF MIAMI BEACH
45
ARTICLE 5
ACCEPTANCE AND FINAL PAYMENT
5.1 Upon receipt of written notice from CONTRACTOR that the Work is ready for
final inspection and acceptance, CONSULTANT shall, within ten (10) calendar
days, make an inspection thereof. If CONSULTANT and Contract Administrator
find the Work acceptable, the requisite documents have been submitted and the
requirements of the Contract Documents fully satisfied, and all conditions of the
permits and regulatory agencies have been met, a Final Certificate of Payment
(Form 00926) shall be issued by CONSULTANT, over its signature, stating that
the requirements of the Contract Documents have been performed and the Work
is ready for acceptance under the terms and conditions thereof.
5.2 Before issuance of the Final Certificate for Payment, CONTRACTOR shall
deliver to CONSULTANT a complete release of all liens arising out of this
Contract, receipts in full in lieu thereof; an affidavit certifying that all suppliers and
subcontractors have been paid in full and that all other indebtedness connected
with the Work has been paid, and a consent of the surety to final payment; the
final corrected as-built drawings; and the final bill of materials, if required, and
invoice.
5.3 If, after the Work has been substantially completed, full completion thereof is
materially delayed through no fault of CONTRACTOR, and CONSULTANT so
certifies, CITY shall, upon certificate of CONSULTANT, and without terminating
the Contract, make payment of the balance due for that portion of the Work fully
completed and accepted. Such payment shall be made under the terms and
conditions governing final payment, except that it shall not constitute a waiver of
claims.
5.4 Final payment shall be made only after the City Manager or his designee has
reviewed a written evaluation of the performance of CONTRACTOR prepared by
the Contract Administrator, and approved the final payment. The acceptance of
final payment shall constitute a waiver of all claims by CONTRACTOR, except
those previously made in strict accordance with the provisions of the General
Conditions and identified by CONTRACTOR as unsettled at the time of the
application for final payment.
ARTICLE 6
MISCELLANEOUS
6.1 This Contract is part of, and incorporated in, the Contract Documents as defined
herein. Accordingly, all of the documents incorporated by the Contract
Documents shall govern this Project.
BID NO: 54-01102
DATE: 07/03/02
CITY OF MIAMI BEACH
46
6.2 Where there is a conflict between any provision set forth within the Contract
Documents and a more stringent state or federal provision which is applicable to
this Project, the more stringent state or federal provision shall prevail.
6.3 Public Entitv Crimes
In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a
person or affiliate who is a contractor, consultant or other provider, who has been
placed on the convicted vendor list following a conviction for a public entity crime
may not submit a bid on a contract to provide any goods or services to the CITY,
may not submit a bid on a contract with the CITY for the construction or repair of
a public building or public work, may not submit bids on leases of real property to
the CITY, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with the CITY, and may not
transact any business with the CITY in excess of the threshold amount provided
in Section 287.017, Florida Statutes, for category two purchases for a period of
36 months from the date of being placed on the convicted vendor list. Violation
of this section by Contractor shall result in cancellation of the CITY purchase and
may result in Contractor debarment.
6.4 Indeoendent Contractor
CONTRACTOR is an independent contractor under this Contract. Services
provided by CONTRACTOR pursuant to this Contract shall be subject to the
supervision of CONTRACTOR. In providing such services, neither
CONTRACTOR nor its agents shall act as officers, employees, or agents of the
CITY, This Contract shall not constitute or make the parties a partnership or joint
venture.
6.5 Third Partv Beneficiaries
Neither CONTRACTOR nor CITY intend to directly or substantially benefit a third
party by this Contract. Therefore, the parties agree that there are no third party
beneficiaries to this Contract and that no third party shall be entitled to assert a
claim against either of them based upon this Contract. The parties expressly
acknowledge that it is not their intent to create any rights or obligations in any
third person or entity under this Contract.
6.6 Notices
Whenever either party desires to give notice to the other, such notice must be in
writing, sent by certified United States Mail, postage prepaid, return receipt
requested, or by hand-delivery with a request for a written receipt of
acknowledgment of delivery, addressed to the party for whom it is intended at the
place last specified.
BID NO: 54-01102
DATE: 07103/02
CITY OF MIAMI BEACH
47
The place for giving notice shall remain the same as set forth herein until
changed in writing in the manner provided in this section. For the present, the
parties designate the following:
For CITY:
Procurement Division
1700 Convention Center Drive
Miami Beach. Florida 33139
Attn: Gus LOD8z, Procurement Director
With copies to:
City Attornev
City of Miami Beach
1709 Convention Center Drive
Miami Beach. Florida 33139
For Contractor:
Tran Construction. Inc.
420 Lincoln Road. Suite (M.1)
Miami Beach. Florida 33139
Attn: Henry Louden. President
6.7 Assianment and Performance
Neither this Contract nor any interest herein shall be assigned. transferred, or
encumbered by either party. In addition, CONTRACTOR shall not subcontract
any portion of the work required by this Contract except as authorized by Section
27 of the General Conditions. CONTRACTOR represents that all persons
delivering the services required by this Contract have the knowledge and skills,
either by training, experience, education, or a cornbination thereof, to adequately
and competently perform the duties, obligations, and services set forth in the
Scope of Work and to provide and perform such services to CITY's satisfaction
for the agreed compensation.
CONTRACTOR shall perform its duties, obligations, and services under this
Contract in a skillful and respectable manner. The quality of CONTRACTOR's
performance and all interim and final product(s) provided to or on behalf of CITY
shall be comparable to the best local and national standards.
BID NO: 54-01/01
DATE: 07103/01
CITY OF MIAMI BEACH
48
6.8 Materialitv and Waiver of Breach
CITY and CONTRACTOR agree that each requirement, duty, and obligation set
forth in these Contract Documents is substantial and important to the formation of
this Contract and, therefore, is a material term hereof.
CITY's failure to enforce any provision of this Contract shall not be deemed a
waiver of such provision or modification of this Contract. A waiver of any breach
of a provision of this Contract shall not be deemed a waiver of any subsequent
breach and shall not be construed to be a modification of the terms of this
Contract.
6.9 Severance
In the event a portion of this Contract is found by a court of competent jurisdiction
to be invalid, the remaining provisions shall continue to be effective unless CITY
or CONTRACTOR elects to terminate this Contract. An election to terminate this
Contract based upon this provision shall be made within seven (7) days after the
finding by the court becomes final.
6.10 Aoolicable Law and Venue
This Contract shall be enforceable in Miami-Dade County, Florida, and if legal
action is necessary by either party with respect to the enforcement of any or all of
the terms or conditions herein exclusive venue for the enforcement of same shall
lie in Miami-Dade County, Florida. By entering into this Contract,
CONTRACTOR and CITY hereby expressly waive any rights either party
may have to a trial by jury of any civil litigation related to, or arising out of
the Project. CONTRACTOR, shall specifically bind all subcontractors to the
provisions of this Contract.
6.11 Amendments
No modification, amendment, or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document prepared with
the same or similar formality as this Contract and executed by the Board and
CONTRACTOR.
6.12 Prior Aareements
This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements. and understandings applicable to the matters
contained herein and the parties agree that there are no commitments,
agreements or understandings concerning the subject matter of this Contract that
are not contained in this document. Accordingly, the parties agree that no
deviation from the terms hereof shall be predicated upon any prior
BID NO: 54-01/02
DATE: 07/03/02
CITY OF MIAMI BEACH
49
representations or agreements, whether oral or written. It is further agreed that
no modification, amendment or alteration in the terms or conditions contained
herein shall be effective unless set forth in writing in accordance with Section
6.11 above.
IN WITNESS WHEREOF, the parties have set their hands and seals the day and
year first above written.
ATTEST: r r~
~
CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE
CORPORATION OR NONCORPORATION FORMAT, AS APPLICABLE.
[If incorporated sign below.]
CONTRACTOR
ATTEST:
~,rY~
(Secretary)
By:
(Corporate Seal)
HENRY.T. LOUDEN/President
(Print Name and Title)
8th day of October
, 20..QL.
[If not incorporated sign below.] .
WITNESSES:
CONTRACTOR
. I
(Name of Firm)
By:
(Signature)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
(Print Name and Title)
_ day of
,20_.
~5) F~-2~~D CONTRACTS, FOR DISTRIBUTION.
ate
CITY OF MIAMI BEACH
SO
"
00708. FORM CERTIFICATE OF INSURANCE
A form Certificate of Insurance will be attached here.
BID NO: 54-01102
DATE: 07/03/02
CITY OF MIAMI BEACH
51
ACORD.. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDOIYVJ
1/02/02
PRODUCER 305-822-7800 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Collinsworth, Alter, Nielson, ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
" Fowler & Dowling Inc (WMC/DIA) HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Post Office Box 931 5
. Miami Laked, FL 33014-9315 INSURERS AFFORDING COVERAGE
INSURED Tran Construction, Inc. . INSURER A: Amerisure Mutual Insurance Co
Mr. Henry Louden INSURER B: Ohio Casualty Insurance Co,
- -
420 Lincoln Road, M-1 INSURER c,
IMiami Beach FL 33139 INSURER 0:
INSURER E:
TH€ POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MA Y PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
P9LICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
'!",!l: TYPE OF INSURANCE . POUCY NtjMBER ~'l';!p,'.g,~%!'.'::~ P!2);!.f.Y,~':)~~"!)$!" UMITS
A ~NERAL L1ABIUTY CPP132B87901 1/01/02 1/01/03 EACH OCCURRENCE $ 1000000
X COMMERCIAL GENERAL L1ABtLlTY FIRE DAMAGE (Anyone fire) $ 300000
I CLAIMS MAOE W OCCUR MEO EXP (Anyone person) $ 10000
r- PERSONAL &. ADV INJURY $ 1000000
.
- - GENERAL AGGREGATE $ 2000000
n'L AGG~E~ U!Y'IT APn PER: P'RODUCTS ~ CQMP/OP AGG $ 2000000
POUC"" X ~~R;. LOC
A ~TOMO.BlLE UAB1UTY CA132B88001 1/01/02 1/01/03 COMBINED SINGLE UMIT
lea accidentl $ 1000000
I-- ANY AU"TO hP~
- ALL OWNED AUTOS BODILY INJURY
(Pet person) $
- SCHEOULEO AUTOS
L HIRED AUTOS \ 1'l SOOtL Y lNJURY
{Per accident} $
v. "NON-OWNEO AUTOS
I) -".~',-~-'" '._- - .'-- ---- .. ._.._",',~_ - 'n"-.'.o"
PROPERTY DAMAGE
(Per accident) $
==rOE UABIUTY - AUTO ONLY - EA ACCIDENT $.
ANY AU"TO OTHER THAN EA ACC $
. AU"TO ONLY, AGG $
B EXCESS UABIUTY . BX052656080. 1/01102 1/01103 EACH OCCURRENCE $ 1000000
D'oCCUR. 0 CLAIMS MAoE AGGREGATE $ 1000000
$
g DEDUCTIBLE $
X RETEI<ITION $ 0 $
. WC132BB7801 . 1/01/02. 1/01/03 X I T'6~-rT ~#. I 10TH-
A WORKERS COMPENSATION AND ER
EMPLOYERS. UABIUTY E.L. EACH ACGlOENT $ 500000
E.L. DISEASE - EA EMPLOYEE $ 500000
E.L.' DISEASE - POLICY LIMIT $ 500000
OTHER
F RECEIVED
DESCRIPTION OF OPE~TIONS/lOCAnONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS .
Certificate holder is additional insured on the general liabiiity OCT 2 8 2002
poiicy for operations performed by the insured as respects to
PROJEX:T: Bayshore Clubhouse #54-01/02
- TRAN CONSTRUCTION INC.
CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION
SHOULD ANY OF THE ABOVE DeSCRIBED POUCIES BE CANCELUD BEFORE THE EXPIRATION
City of Miami Beach DATE THEREOF. THE ISSUING INSURER Will ENDEAVOR TO MAil ~ DAYS WRITTEN
i
1700 Convention Center Drive NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO so SHALL
fYIiami Beach, FL 33134-1814 IMPOSE NO OBUGAT10N OR UABIUTY OF ANY KIND UPON 'THE INSURER. ITS AGENTS OR
REPRESENT A TlVES. /\ ,
. AUTH~;RE.PRE~VE J Ib/~
I
COVERAGES
ACORD 25-S (7/97)
2- 14
@ACORD CORPORATION 1988
IMPORT ANT
J f
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditionS. of the policy, certain policies 'may
'require an endorsement. A statement on this certificate does not confer rights to the cei"tificat~
holder in lieu of such endorsement(sl,
DISCLAIMER
The Certificate of Insurance on the reverse side of this form do,es not constitute a contract betw!len
the issuing insurer(s). authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
1
.
:ORD 25-5 (7/97)
A CORD DATE (MMIODIYV)
~~~ 10/25/2002
THIS E!INDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM.
PRODUCER ( 305 ) 5 91- 0 0 90 COMPANY BINDER 11
SEITLIN PROPERTY & CASUALTY Philadelphia Indemnity Ins 2
2001 NW 107TH AVENUE DATE
200
Beach
DATE
TIME
12:01 two
NOON
11/23/2002
"ID'~ . .TRAN., .'J3.AY:SH.QitE
Tran Construction,
THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY
PER EXPIRING POLICY 11:
~..Ql'~~~'l'Y!'!!9w!!<t!!"."" ."f. ..,....
See Supplemental Information Page(s)
1
2
3
TYPE AND LOCATION OF PROPERTY
Builders RiskS New
Builders Risks New
Builders Risks New
AMOUNT
2,200,000
419,000
50,000
DEDUCTIBLE
5,000
5,000
5,000
Lincoln Road M-1
1
1
1
COIIERAGEJPERJLSlFORMS
Special (Including theft)
Special (Including thettl
Special (Including thefti
COINS ..
100
100
100
COVERAGElFORMS
AGGREGATE
SCHEDULED FORM 0 COMPREHENSIVE FORM
PREMlSESIOPERATIONS
PRODUCTs/COMPLETED OPERATIONS
CONTRACTUAL
OTHER:
MEDICAL PAYMENTS
PERSONAL INJURY
AUTOMOBILE LIASILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
PER PERSON
PER ACCIDENT
DEDUCTIBLE
ALL VEHICLES
COMBINED SINGlE LIMIT
BODILY INJURY (Per poroan)
BODILY INJURY (Per~)
PROPERTY DAMAGE
MEDICAL PAYMENTS
PERSONAL INJURY PROT
UNINSURED MOTORIST
ACTUAL CASH VALUE
STATED AMOUNT .
OTHER
EACH OCCURRENCE
AGGREGATE
SELF~NSURED RETEKTION
STATUTORY LIMITS
EACH.ACCIDENT
DISEASE. PO\,ICY LIMIT
DISEASE - EACI1 EMPLOYEE
See Supplemental Information Page(s)
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FL 33139
CONDITIONS
This Company binds the kind{s) of insurance stipulated on the reverse side; The Insurance is subject to the
tenns, col'iditionsand iimitationsofmepoilC.Y{ies;m c:urrentuse by the Company.
This binder may be cancelled by the Insured by surrender of this binder or by Wlitten nOtice to. the Company
stating when cancellation will be effective, This binder may. be cancelled by the Company by notice to the
Insured in accordance with the policy conditions. This binder is cancelled when replaced by a policy. If this
binder is not replaced by a policy, the Company is entitled to charge a premium for the binder according to the
Rules and Rates in use by the Company.
Applicable In California
When this form is used to provide insurance in the amount. of one million dollars ($1,000,000) or more, thelitle
of the form is changed from "Insurance Binder" to "Cover Note".
Applicable In Delaware
The mortgagee or Obligee of any 'mortgage or other instrument given for the purpose of creating alien on real
property shall accept as evid~nce of insurance a written binder issued by an .authorized insurer or its agent if
the binder includes or is accompanied by: the name and address of the borrower; the name and address of the
lender as loss payee; a description of the insured real property; a provision that the binder may not be canceled
within the term of the binder unless the lender and the insured borrower receive written notice of the cancel-
lation at least ten (10) days prior to the cancellation; except in the case of a renewal of a policy subsequent to
the closing of the loan, a paid receipt of the full amount of the applicable premium, . and the amount of
insurance coverage.
Chapter 21 Title ~ Paragraph 2119
Applicable in Nevada
Any person who refuses to 'accept a binder which provides coverage of less than$1,QOO,OOO.00 when proof is
required: (A) Shall be fined not more than $500.00, and (B) is liable to the party presenting the binder as proof
of insurance for actual damages sustained therefrom.
LM: LPW v1.9.B on 10125102 - 10:51 by UserName
LP: LPWv1.9.8 on 10125102.10:52 by UserName
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33139
I-ndemn.it-:l'
!n~.
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_....
POLICY NUMBER:
ACCOUNT NUMIJER:
RVICES(HARTFORD -
WIND-CITIZEN PROPERTY INSURANCE CORP
LIMITS BU!LDING#l $1,000,000
BUIiDING#2 $419,000
BUlLDING#3$50,000
DEDUCTIBLE-3% OF THE TOTAL INSURED VALUE
IM'I PWv19Rnn 10I?filO?10'f;? hvll!'lArNRmA
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l'
Nielson, Alter & Associates, Inc.
Bond Department
Public Works Bond
IN COMPLIANCE WITH FLORIDA STATUTES 255.05(1)(a)
Bond No.
103703533
Contractor
Tran Construction, Inc.
Contractor Address
420 Lincoln Road
Miami BeachFL33139
Contractor Phone No.
(305) 673-5427
Surety Company
Surety Address
Travelers Casualty and Surety Company of America
One Tower Square
Hartford, CT 06183
Surety Phone No.
(860) 277-0111
Owner Name
The City of Miami Beach
Owner Address
1700 Convention Center Drive
Miami Beach, FL 33139
Owner Phone Number
(305) 673-7495
Obligee Name
(If contracting entity is different from the owner, the contracting public entity)
Obligee Address
Obligee Phone No,
Contract No. (If Applicable) Bid No. 54-01/02
Project Name Construction of the Bayshore Golf Course Clubhouse, Restroom,
Shelters & Maintenance Yard
Project Location Miami Beach, FL
Legal Description and Street Address Clubhouse - 2301 Alton Road, Miami Beach, FL
33139/Maintenance Yard - 28th Street and Meridan Avenue, Miami Beach, FL
Description of Work
Construction
FRONT PAGE
All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be preprinted thereon.
.
Bond No. 103703533
00710. FORM OF PERFORMANCE BOND
BY THIS BOND, We TlWI CONSTRUCTION. INC.
, as
Princip.al, hereinafter called CONTRACTOR, and
Travelers Casualty and Surety
Comllanv of America , as Surety, are bound to the City of Miami
Beach, Florida, as Oblioeel: h~reinafter called CITY, ih the amount of
Two Million Six Hundrea ~ix y N1ne
Thousand And No/lOO** Dollars ($ 2,669,000 ) for the payment whereof
CONTRACTOR and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally.
WHEREAS, CONTRACTOR has by written agreement entered into a Contract,
Bid/Contract No.: 54-01/02 awarded the day of
,20_, with CITY which Contract Documents are by reference
. incorporated herein and made a part hereof, and specifically include provision for
. ,-liquidat~~daff1a~~and.otl'ler d~r:n~...9.-es i~~nti~~~, :aF1.~:::!~r tl'1e-:-p_Ul1'0S~S(;}!~l'1i~_~~!'I_d
are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if CONTRACTOR:
1. Performs tl1e Contract heiWeen r.nNTRACTOR and r.ITY for construction .of
Construct1oJl of the B"aj'~1iore 'GOlf Course 'C1.1TIlnou'1;e, .
Restroom. Shelters & M"a1ntenance Yard ., the Contract being
made a part of this Bond by reference, at the times and in the manner prescribed
in the Contract; and
2. Pays CITY all losses, liquidated .damages, expenses; costs and attomey's fees
including appellate proceedings, that CITY sustains as a result of default by
CONTRACTOR under the Contract; and
BID NO: 54-01102
DATE: 07/03/02
CITY OF MIAMI BEACH
52
"
FORM OF PERFORMANCE BOND
(Continued)
3. Performs the guarantee of all work and materials furnished under the Contract for
the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT
REMAINS IN FULL FORCE AND EFFECT.
Whenever CONTRACTOR shall be, and declared by CITY to be, in default under
the Contract, CITY having performed CITY obligations thereunder, the Surety
may promptly remedy the default, or shall promptly:
3.1. Complete the Project in accordance with the terms and conditions of the
Contract Documents; or
3.2. Obtain a bid or bids for completing the Project in accordance with the
terms and conditions of the Contract Documents, and upon
determination by Surety of the lowest responsible Bidder, or, if CITY
elects, upon determination by CITY and Surety jointly of the lowest
responsible Bidder, arrange for a contract between such Bidder and
erN, ~aii:a::::mak~aVailable. - as WQR< -P~Qg~eSses--~e-ltel=l--thougl:l--,-tbe~e ~ -
should be a default or a succession of defaults under the Contract or
Contracts of completion arranged under this paragraph) sufficient funds
to pay the cost of completion less the balance of the Contract Price; but
not exceeding, including other costs and damages for which the. Surety
may be liable hereunder, the amount set forth in the first paragraph
hereof. . The term "balance of the Confract Price," as used in this
paragraph, shall mean the total arnount payable by CITY to
CONTRACTOR under the Contract and any amendments thereto, less
the amount properly paid by CITY to CONTRACTOR.
No right of actiCin shall accrue on this bond tCi or for the use of any person or
corporation other than CITY named herein.
The Surety hereby waives notice of and agrees that any changes iri or under the
Contract Documents and compliance or noncompliance with any formalities
connected with the Contract or the changes does not affect Surety's obligation
under this Bond.
Signed and seated this..;;;a~ay of p~~ , 20 ~.
BID NO: 54-01102
DATE: 07/03/02
CITY OF MIAMI BEACH
53
"
FORM OF PERFORMANCE BOND
WITNESSES:
(CORPORATE SEAL)
IN THE PRESENCE OF:
BID NO: 54-01102
DATE: 07/03/02
(Continued)
By:
~J~+-
INSURANCE COMPANY:
Travelers
of Amerie
Surety Company
By:
A@ent:an6-A-tt0Ffley-iFl-Faet-
\\farren M. Alter
Address: One Tower Square
(Street)
Hartford. CT - 06183
(City/State/Zip Code)
Telephone No.: (860)277-0111
CITY OF MIAMI BEACH
54
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERlCA
TRAVELERS CASUALTY AND SURETY COMPANY
FA.RlVllNGTON CASUALTY COi'lll'ANY
Hartford, Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHOlUTY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of COMecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of COMecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make,constitute and appoint: Charles D. Nielson, Charles J. Nielson, Laura Lee Clymer, Mary C. Aceves, Warren M.
AIter, of Miami Lakes, Florida, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign,
. execute ind acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any
and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or
conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same ex1:ent
as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Artomey(s)-in-Fact, pursuant to
the authority herein given, are hereby ratified and confirmed.
This appointment is.made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: 11mt the Chainnan, the President, any Vice Chainnan, my Executive Vice President, any Senior Vice President, any Vice President, my
Second Vice President, the Treasurer, my Assistant Treasurer, the Corporate Secretary or any AssistllIlt Secretary may appoint Attorneys-in-Fact.
and Agents to act for and on behalf of the company llIld may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemruty, md other writings obligatory in
the nature of a bond, recognizance, or conditional \ll\dertaking, md any of said officers or the Board of Directors at my time may remove any such
appointee and revoke the power given. him or her.
VOTED: That the Chainnan, the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary:
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chainnm, any Executive Vice President, any
Senior Vice President or any Vice President. any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (\ll\der seal, if
required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certiflcatesof authority or
by one or more Company officers pursuant to a written delegation of authority,
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following
Standing R~solutiorivoted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COiVI,PANY, OF
AMElUCA, TRAVELERS CASUALTY AND SURETY COlYIPANY and FARMINGTON CASUAL1YCOlYIPANY, whicb
. Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice Presidellt, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for
purposes only of executing and attesting. bonds and \ll\dertakings md uU,er writings obligatory in the nature thereof, and any such power of attorney
or certiflcate bearing such facsintile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certifled by such facsimile signature and facsimile seal shalt be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
('-00 SLandllJ'd)
Bond No. 103703533
00720. FORM OF PAYMENT BOND
BY THIS BOND, We 'IRAN CONSTRUCTION, llfC.
, as
Princigal, hereinafter called CONTRACTOR, and
Travelers Casualty and Surety Company
of America , as Surety, are bound to the City of Miami
Beach, Florida, as ObliQee, hereinafter called CITY, in the amount of
Two Million Six Hundred ~ixty Nine
Thousand And No/100** Dollars ($ 2.669.000 for the payment
whereof CONTRACTOR and Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally.
WHEREAS, CONTRACTOR has by written agreement entered into a Contract,
Bid/Contract No.: 54-01/02 awarded the . day of
,20_, with CITY which Contract Documents are by reference
incorporated herein and made a part hereof, and specifically include provision for
liquidated damages, and other damages identified, and for the purposes of this Bond
. -- __. -- .... - -aF&-heFeafieF r-ef.eFfea teas-the "GefltF8Gt~;:'--. . .
THE CONDITION OF THIS BOND is that if CONTRACTOR:
1, Pays CITY all losses, liquidated damages, expenses, costs and attorney's fees
including appellate proceedings, that CITY sustains because of default by
CONTRACTOR under the Contract; and -
2. Promptly makes payments to all claimants as defined by Florida Statute
255.05(1) for all labor, materials and supplies used directly or indirectly by
CONTRACTOR in the performance of the Contract;
THEN CONTRACTOR'S OBLIGATiON SHALL BE VOID; OTHERWISE, IT
SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO
THE FOLLOWING CONDITiONS:
2.1. A claimant, except a laborer, who is not in privity with CONTRACTOR
and who has not received payment for its labor, materials, or supplies
shall, within forty-five (45) days after beginning to furnish labor,
materials, or supplies for the prosecution of the work, furnish to
CONTRACTOR a notice that he intends to look to the bond for
protection.
BID NO: 54-01102 CITY. OF MIAMI BEACH
DATE: 07/03/02 55
FORM OF PAYMENT BOND
(Continued) .
2.2. A claimant who is not in privity with CONTRACTOR and who has not
received payment for its labor, materials, or supplies shall, within ninety
(90) days after performance of the labor or after complete delivery of the
materials or supplies, deliver to CONTRACTOR and to the Surety,
written notice of the performance of the labor or delivery of the materials
or supplies and of the nonpayment.
2.3. No action for the labor, materials, or supplies may be instituted against
CONTRACTOR or the Surety unless the notices stated under the
preceding conditions (2.1) and (2.2) have been given.
2.4. Any action under this Bond must be instituted in accordance with the
Notice and Time Limitations provisions prescribed in Section 255.05(2),
Florida Statutes.
__ ___ _ The Surety hereby walY~~ n~t!.~~_ofGlQdagr~~~ th9.t anY:_~!1ange~in_~_u_nde!..!~~
.- -GeRtr-aet-geoomei'lts-aml' ~--0ml3liaFlce-0r Fl0FlCemf')liaflce- Wtt-IT-- afly-feffT'Iafities-
connected with the Contractor the changes does not affect the Surety's
obligation tinder this Bond.
Signed and sealed this ~ay of ~~,,-, 20 t1;;2 .
CONTRACTOR
ATTEST:
Tran Construction
(Name of Co
By:
(Corporate Seal)
(Signat
e vv~ J/~~-!-
(Print ame and Title)
~~aYOf #&?t~ ,20tf~.
BID NO: 54..01/02
DATE: 07/03/02
CITY OF MIAMI BEACH
56
IN THE PRESENCE OF:
------
BID NO: 54-01/02
DATE: 07/03/02
INSURANCE COMPANY:
and Surety
By:
Agen and Attorney-in-Fact
Warren M. Alter
Address: One Tower Square
(Street)
Hartford, CT 06183
(City/StatelZip Code)
Telephone No.: (860)277-0111
CITY OF MIAMI BEACH
57
----:7
00721. CERTIFICATE AS TO-CORPORATE ~RINCIPAL
I, ' certify that I am the
Secretary of the cor oration named as Principal in the foregoing Performance and
Payment Bond (Performance Bond and Payment Bond); that
.#'~Z ;:-f-ov/tfJ'PI , who signed the Bond(s)'on behalf of the Principal, was
then ~;c/h i- of said corporation; that I know his/her signature; and his/her
signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and
attested to on behalf said rporation by authority of its governing body.
(SEAL)
- n ehalf of)
~ ~.5*o>/f671 . ~(',
Corporation J .
STATE OF FLORIDA )
) SS
COUNTY OF MiAMI-DADE )
Before me, a Notary Public duly commissioned, qualified and acting personally,
appeared . lfM~v r Ul//~ . to me well known, who
being by mefitst duly swor~pon oath says that he/she has been authorized to execute
the foregoing Performance and Payment Bond (Performance Bond and Payment Bond)
on behalf of CONTRACTOR named therein in favor of CiTY.
Subscribed
O~
and Sworn to
,200-;L .
before
me
this
2..?nc!
day
of
.~~cm_tY~~.
Notary Public, State of Fla", do.
Bonded
by
BID NO: 54..01/02
DATE: 07/03/02
CITY OF MIAMI BEACH
58
TRAVELERS CASUALTY AND SURETY COlY1PANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COi'llPANY
FAlThllNGTON CASUALTY COi'llPANY
. Hartford, Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY Oll ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AlYIERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: Charles D. Nielson, Charles J. Nielson, Laura Lee Clymer, Mary C. Aceves, Warre~ M.
Alter, of Miami Lakes, Florida, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign,
execute and acknowledge, at any place within the United States, the following instrument(s): by hislher sole signature and act, any
and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or
conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same eh1ent
as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to
the authority herein given, are hereby ratified and confirmed,
. .
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: nlat the Chainnan, the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact.
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's nanle and seal with the Company's seal bonds, recognizances, contracts of indemruty, and other writings obligatory in
the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given. him or her.
VOTED: That the Chainnan, the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary:
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chainnan, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President,the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if
required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following
Standing .R~solution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY CO!\'t;PANY OF
AlYlERICA, TRAVELERS CASUALTY AND SURETY COlVIPANY and FARMINGTON CASUAL1'YCOlYlPANY, which
Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for
purposes only of executing and attesting. bonds and undertakings and oUler writings obligatory in the nature thereof, and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future wiUI respect to any bond or
undertaking to which it is attached.
(~-Oo SllUldard)
00735. PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL LETTER OF CREDIT:
Date of Issue
Issuing Bank's No.
Beneficiary:
AooUcant:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Amount:
in United States Funds
Expiry:
(Date)
Bid/Contract Number
We hereby authorize you to draw on
(Bank, Issuer name)
at
by order
(branch address)
of and for the account of
(contractor, applicant, customer)
up to an aggregate amount, in United States Funds, of
by your drafts at sight, accompanied by:
available
1. A signed statement from the City Manager or his authorized designee, that the
drawing is due to default in performance of certain obligations on the part
(contractor, applicant, customer) agreed upon by and
between the City of Miami Beach, Florida and (contractor),
pursuant to the (applicant, customer) Bid/Contract No.
for (name of project) and Section 255.05, Florida
Statutes.
Drafts must be drawn and negotiated not later than
(expiration date)
BID NO: 54-01102
DATE: 07/03/02
CITY OF MIAMI BEACH
59
Drafts must bear the clause: "Drawn under Letter of Credit No.
(Number), of (Bank name) dated
This Letter of Credit shall be renewed for successive periods of one (1) year each
unless we provide the City of Miami Beach with written notice of our intent to terminate
the credit herein extended, which notice must be provided at least thirty (30) days prior
to the expiration date of the original term hereof or any renewed one (1) year term.
Notification to the CITY that this Letter of Credit will expire prior to performance of the
contractor's obligations will be deemed a default.
This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking
shall not in any way be modified, or amplified by reference to any documents,
instrument, or agreement referred to herein or to which this Letter of Credit is referred or
this Letter of Credit relates, and any such reference shall not be deemed to incorporate
herein by reference any document, instrument, or agreement.
We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn
under and in compliance with the terms of this credit that such drafts will be duly
honored upon presentation to the drawee.
Obligations under this Letter of Credit shall be released one (1) year after the Final
Completion of the Project by the
(contractor, applicant, customer)
This Credit is subject to the "Uniform Customs and Practice for Documentary Credits,"
International Chamber of Commerce (1993 revision), Publication No. 500 and to the
provisions of Florida law. If a conflict between the Uniform Customs and Practice for
Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict
between the law of another state or country and Florida law should arise, Florida law
shall prevail.
Authorized Signature
BID NO: 54..01/02
DATE: 07/03/02
CITY OF MIAMI BEACH
60
00800. GENERAL CONDITIONS:
1. Proiect Manual:
1.1. The Project Manual includes any general or special Contract conditions or
specifications attached hereto.
1.2. The Project Manual, along with all documents that make up and constitute
the Contract Documents, shall be followed in strict accordance as to work,
performance, material, and dimensions except when CONSULTANT may
authorize, in writing, an exception.
1.3. Dimensions given in figures are to hold preference over scaled
measurements from the drawings; however, all discrepancies shall be
resolved by CONSULTANT. CONTRACTOR shall not proceed when in
doubt as to any dimension or measurement, but shall seek clarification
from CONSULTANT.
1.4. CONTRACTOR shall be furnished three (3) copies, free of charge, of the
Project Manual; two of which shall be preserved and always kept
accessible to CONSUL T ANT and CONSULTANT's authorized
representatives. Additional copies of the Project Manual may be obtained
from CITY at the cost of reproduction.
2. Intention of CITY:
It is the intent of CITY to describe in the Contract Documents a functionally
complete Project (or part thereof) to be constructed in accordance with the
Contract Documents and in accordance with all codes and regulations governing
construction of the Project. Any work, materials or equipment that may
reasonably be inferred from the Contract Documents as being required to
produce the intended result shall be supplied by CONTRACTOR whether or not
specifically called for. When words which have a well-known technical or trade
meaning are used to describe work, materials or equipment, such words shall be
interpreted in accordance with that meaning. Reference to standard
specifications, manuals, or codes of any technical society, organization or
association, or to the laws or regulations of any governmental authority, whether
such reference be specific or by implication, shall mean the latest standard
specification, manual, code or laws or regulations in effect at the time of opening
of bids and CONTRACTOR shall comply therewith. CITY shall have no duties
other than those duties and obligations expressly set forth within the Contract
Documents.
BID NO: 54..01102
DATE: 07/03/02
CITY OF MIAMI BEACH
61
3. Preliminarv Matters:
3.1. Within five (5) calendar days prior to the pre-construction meeting
described in Section 3.2, CONTRACTOR shall submit to CONSULTANT
for CONSULTANTs review and acceptance:
3.1.1. A progress schedule in the indicated form:
[ ] Bar Chart
[ ] Modified CPM
[ ] CPM
[X] Computerized CPM
(CPM shall be interpreted to be generally as outlined in the
Association of General Contractors (AGC) publication, "The Use of
CPM in Construction.")
The progress schedule shall indicate the start and completion dates
of the various stages of the Work and shall show an activity
network for the planning and execution of the Work. Included with
the progress schedule shall be a narrative description of the
progress schedule. The progress schedule must be updated
monthly by CONTRACTOR, submitted as part of each Application
for Payment and shall be acceptable to CONSULTANT.
3.1.2. A preliminary schedule of Shop Drawing submissions; and
3.1.3. In a lump sum contract or in a contract which includes lump sum
bid items of Work, a preliminary schedule of values for all of the
Work which will include quantities and prices of items aggregating
the Contract Price and will subdivide the Work into component
parts in sufficient detail to serve as the basis for progress payments
during construction. Such prices will include an appropriate amount
of overhead and profit applicable to each item of work which will be
confirmed in writing by CONTRACTOR at the time of submission.
[ ] Such prices shall be broken down to show labor, equipment, materials
and overhead and profit.
3.1.4. After award but prior to the submission of the progress schedule,
CONSULTANT, Contract Administrator and CONTRACTOR shall
meet with all utility owners and secure from them a schedule of
BID NO: 54-01102
DATE: 07/03/02
CITY OF MIAMI BEACH
62
utility relocation, provided, however, neither CONSULTANT nor
CITY shall be responsible for the nonperformance by the utility
owners.
3.2. At a time specified by CONSULTANT but before CONTRACTOR starts
the work at the Project site, a conference attended by CONTRACTOR,
CONSULTANT and others as deemed appropriate by Contract
Administrator, will be held to discuss the schedules referred to in Section
3.1, to discuss procedures for handling Shop Drawings and other
submittals and for processing Applications for Payment, and to establish a
working understanding among the parties as to the Work.
3.3. Within thirty-five (35) days from the Project Initiation Date set forth in the
Notice to Proceed, a conference attended by CONTRACTOR,
CONSULTANT and others, as appropriate. will be held to finalize the
schedules submitted in accordance with Section 3.1. Within forty-five (45)
days after the Project Initiation Date set forth in the Notice to Proceed, the
CONTRACTOR shall revise the original schedule submittal to address all
review comments from the CPM review conference and resubmit for
CONSULTANT review. The finalized progress schedule will be accepted
by CONSULTANT only as providing an orderly progression of the Work to
completion within the Contract Time, but such acceptance shall not
constitute acceptance by CITY or CONSULTANT of the means or
methods of construction or of the sequencing or scheduling of the Work,
and such acceptance will neither impose on CONSULTANT or CITY
responsibility for the progress or scheduling of the Work nor relieve
CONTRACTOR from full responsibility therefor. The finalized schedule of
Shop Drawing submissions must be acceptable to CONSULTANT as
providing a workable arrangement for processing the submissions. The
finalized schedule of values pursuant to Section 3.1.3 above must be
acceptable to CONSULTANT as to form and substance.
4. Performance Bond and Payment Bond:
Within fifteen (15) calendar days of being notified of the award, CONTRACTOR
shall furnish a Performance Bond and a Payment Bond containing all the
provisions of the Performance Bond and Payment Bond attached hereto as
forms 00710 and 00720.
BID NO: 54..01102
DATE: 07/03/02
CITY OF MIAMI BEACH
63
4.1. Each Bond shall be in the amount of one hundred percent (100%) of the
Contract Price guaranteeing to CITY the completion and performance of
the work covered in such Contract as well as full payment of all suppliers,
laborers, or subcontractors employed pursuant to this Project. Each Bond
shall be with a surety company which is qualified pursuant to Article 5.
4.2. Each Bond shall continue in effect for one year after Final Completion and
acceptance of the work with liability equal to one hundred percent (100%)
of the Contract sum, or an additional bond shall be conditioned that
CONTRACTOR will, upon notification by CITY, correct any defective or
faulty work or materials which appear within one year after Final
Completion of the Contract.
4.3. Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as
may be amended from time to time, CONTRACTOR shall ensure that the
bond(s) referenced above shall be recorded in the public records of
Miami-Dade County and provide CITY with evidence of such recording.
4.4. Alternate Form of Security:
In lieu of a Performance Bond and a Payment Bond, CONTRACTOR may
furnish alternate forms of security which may be in the form of cash,
money order, certified check, cashier's check or unconditional letter of
credit in the form attached hereto as Form 00735. Such alternate forms of
security shall be subject to the prior approval of CITY and for same
purpose and shall be subject to the same conditions as those applicable
above and shall be held by CITY for one year after completion and
acceptance of the Work.
5. Qualification of Surety:
5.1. Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred
Thousand Dollars ($500,000.00):
5.1.1. Each bond must be executed by a surety company of recognized
standing, authorized to do business in the State of Florida as
surety, having a resident agent in the State of Florida and having
been in business with a record of successful continuous operation
for at least five (5) years.
5.1.2. The surety company shall hold a current certificate of authority as
acceptable surety on federal bonds in accordance with United
States Department of Treasury Circular 570, Current Revisions. If
the amount of the Bond exceeds the underwriting limitation set forth
in the circular, in order to qualify, the net retention of the surety
BID NO: 54-01102
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company shall not exceed the underwriting limitation in the circular,
and the excess risks must be protected by coinsurance,
reinsurance, or other methods in accordance with Treasury Circular
297, revised September 1, 1978 (31 DFR Section 223.10, Section
223.111). Further, the surety company shall provide CITY with
evidence satisfactory to CITY, that such excess risk has been
protected in an acceptable manner.
5.1.3. The CITY will accept a surety bond from a company with a rating of
B+ or better for bonds up to $2 million, provided, however, that if
any surety company appears on the watch list that is published
quarterly by Intercom of the Office of the Florida Insurance
Commissioner, the CITY shall review and either accept or reject the
surety company based on the financial information available to the
CITY. A surety company that is rejected by the CITY may be
substituted by the Bidder or proposer with a surety company
acceptable to the CITY, only if the bid amount does not increase.
The following sets forth, in general, the acceptable parameters for
bonds:
Policy- Financial
holder's Size
Amount of Bond Ratinas Cateaorv
500,001 to 1,000,000 B+ Class I
1,000,001 to 2,000,000 B+ Class II
2,000,001 to 5,000,000 A Class III
5,000,001 to 10,000,000 A Class IV
10,000,001 to 25,000,000 A Class V
25,000,001 to 50,000,000 A Class VI
50,000,001 or more A Class VII
5.2. For projects of $500,000.00 or less, CITY may accept a Bid Bond,
Performance Bond and Payment Bond from a surety company which has
twice the minimum surplus and capital required by the Florida Insurance
Code at the time the invitation to bid is issued, if the surety company is
otherwise in compliance with the provisions of the Florida Insurance Code,
and if the surety company holds a currently valid certificate of authority
issued by the United States Department of the Treasury under Section
9304 to 9308 of Title 31 of the United States Code, as may be amended
from time to time. The Certificate and Affidavit so certifying (Form 00722)
should be submitted with the Bid Bond and also with the Performance
Bond and Payment Bond.
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5.3. More stringent requirements of any grantor agency are set forth within the
Supplemental Conditions. If there are no more stringent requirements, the
provisions of this section shall apply.
6. Indemnification:
6.1 CONTRACTOR shall indemnify and hold harmless CITY, its officers,
agents, directors, and employees, from liabilities, damages, losses, and
costs, including, but not limited to reasonable attorney's fees, to the extent
caused by the negligence, recklessness or intentional wrongful
misconduct of CONTRACTOR and persons employed or utilized by
CONTRACTOR in the performance of this Agreement. Except as
specifically provided herein, this Agreement does not require
CONTRACTOR to indemnify CITY, its employees, officers, directors, or
agents from any liability, damage, loss, claim, action, or proceeding.
These indemnifications shall survive the term of this Agreement. In the
event that any action or proceeding is brought against CITY by reason of
any such claim or demand, CONTRACTOR shall, upon written notice from
CITY, resist and defend such action or proceeding by counsel satisfactory
to CITY.
6.2 The indemnification provided above shall obligate CONTRACTOR to
defend at its own expense to and through appellate, supplemental or
bankruptcy proceeding, or to provide for such defense, at CITY's option,
any and all claims of liability and all suits and actions of every name and
description covered by Section 6.1 above which may be brought against
CITY whether performed by CONTRACTOR, or persons employed or
utilized by CONTRACTOR.
7. Insurance Reauirements:
7.1. Without limiting any of the other obligations or liabilities of
CONTRACTOR, CONTRACTOR shall provide, pay for, and maintain in
force until all of its work to be performed under this Contract has been
completed and accepted by CITY (or for such duration as is otherwise
specified hereinafter), the insurance coverages set forth herein.
7.1.1. Workers' Compensation insurance to apply for all employees in
compliance with the "Workers' Compensation law" of the State of
Florida and all applicable federal laws. In addition, the policy(ies)
must include:
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7.1.1.1. Employers' Liability with a limit of One Million Dollars
($1,000,000.00) Dollars ($) each accident.
7.1.1.2. If any operations are to be undertaken on or about
navigable waters, coverage must be included for the U.S.
Longshoremen & Harbor Workers Act and Jones Act.
7.1.2. Comprehensive General Liability with minimum limits of One
Million Dollars ($1,000,000.00) per occurrence, combined single
limit for Bodily Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more restrictive than the
latest edition of the Comprehensive General Liability policy, without
restrictive endorsements, as filed by the Insurance Services Office,
and must include:
[X] 7.1.2.1. Premises and/or Operations.
[ X] 7.1.2.2. Independent Contractors.
[ X] 7.1.2.3. Products and/or Completed Operations for contracts
over Fifty Thousand Dollars ($50,000.00)
CONTRACTOR shall maintain in force until at least
three years after completion of all work required under
the Contract, coverage for Products and Completed
Operations, including Broad Form Property Damage.
[X] 7.1.2.4. Explosion, Collapse and Underground Coverages.
[ X] 7.1.2.5. Broad Form Property Damage.
[ X] 7.1.2.6. Broad Form Contractual Coverage applicable to this
specific Contract, including any hold harmless and/or
indemnification agreement.
[ ] 7.1.2.7. Personal Injury Coverage with Employee and
Contractual Exclusions removed, with minimum limits of
coverage equal to those required for Bodily Injury
Liability and Property Damage Liability.
[X] 7.1.2.8. CITY is to be expressly included as an Additional
Insured with respect to liability arising out of operations
performed for CITY by or on behalf of CONTRACTOR
or acts or omissions of CONTRACTOR in connection
with general supervision of such operation.
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7.1.3. Business Automobile Liability with minimum limits of One Million
Dollars ($1,000,000.00) per occurrence, combined single limit for
Bodily Injury Liability and Property Damage Liability. Coverage
must be afforded on a form no more restrictive than the latest
edition of the Business Automobile Liability policy, without
restrictive endorsements, as filed by the Insurance Services Office,
and must include:
7.1.3.1.
Owned Vehicles.
7.1.3.2.
Hired and Non-Owned Vehicles.
7.1.3.3.
Employers' Non-Ownership. (Not Applicable to this bid)
[ ] 7.1.4. Builder's Risk insurance for the construction of and/or addition to
aboveground buildings or structures is/is not required. The
coverage shall be "All Risk" coverage for 100 percent of the
completed value, covering CITY as a named insured, with a
deductible of not more than Five Thousand Dollars ($5,000.00)
each claim.
7.1.4.1. Waiver of Occupancy Clause or Warranty--Policy must
be specifically endorsed to eliminate any "Occupancy
Clause" or similar warranty or representation that the
building(s), addition(s) or structure(s) in the course of
construction shall not be occupied without specific
endorsement of the policy. The Policy must be
endorsed to provide that the Builder's Risk coverage
will continue to apply until final acceptance of the
building(s), addition(s) or structure(s) by CITY.
[ ] 7.1.4.2. Flood Insurance--When the buildings or structures are
located within an identified special flood hazard area,
flood insurance must be afforded for the lesser of the
total insurable value of such buildings or structures, or,
the maximum amount of flood insurance coverage
available under the National Flood Program.
[] 7.1.5. Installation Floater for the installation of machinery and/or
equipment into an existing structure is/is not required. The
coverage shall be "All Risk" coverage including installation and
transit for 100 percent of the "installed replacement cost value,"
covering CITY as a named insured, with a deductible of not more
than Five Thousand Dollars ($5,000.00) each claim.
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7.1.5.1.
Cessation of Insurance--Coverage is not to cease and
is to remain in force (subject to cancellation notice) until
final acceptance by CITY.
7.1.5.2.
Flood Insurance--When the machinery or equipment is
located within an identified special flood hazard area,
flood insurance must be afforded for the lesser of the
total insurable value of such buildings or structure, or,
the maximum amount of flood insurance coverage
available under the National Flood Program.
7.2. If the initial insurance expires prior to the completion of the work, renewal
copies of policies shall be furnished at least thirty (30) days prior to the
date of their expiration.
7.3. Notice of Cancellation and/or Restriction--The policy(ies) must be
endorsed to provide CITY with at least thirty (30) days notice of
cancellation and/or restriction.
7.4. CONTRACTOR shall furnish to the City's Risk Manager Certificates of
Insurance or endorsements evidencing the insurance coverage specified
above within fifteen (15) calendar days after notification of award of the
Contract. The required Certificates of Insurance shall name the types of
policies provided, refer specifically to this Contract, and state that such
insurance is as required by this Contract. The Certificate of Insurance
shall be in form similar to and contain the information set forth in Form
00708.
7.5. The official title of the Owner is the City of Miami Beach, Florida. This
official title shall be used in all insurance documentation.
8. Labor and Materials:
8.1. Unless otherwise provided herein, CONTRACTOR shall provide and pay
for all materials, labor, water, tools, equipment, light, power, transportation
and other facilities and services necessary for the proper execution and
completion of the Work, whether temporary or permanent and whether or
not incorporated or to be incorporated in the Work.
8.2. CONTRACTOR shall at all times enforce strict discipline and good order
among its employees and subcontractors at the Project site and shall not
employ on the Project any unfit person or anyone not skilled in the work to
which they are assigned.
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9. Rovalties and Patents:
All fees, royalties, and claims for any invention, or pretended inventions, or
patent of any article, material, arrangement, appliance, or method that may be
used upon or in any manner be connected with the construction of the Work or
appurtenances, are hereby included in the prices stipulated in this Contract for
said work.
10. Weather:
Extensions to the Contract Time for delays caused by the effects of inclement
weather shall be submitted as a request for a change in the Contract Time
pursuant to Article 40. These time extensions are justified only when rains or
other inclement weather conditions or related adverse soil conditions prevent
CONTRACTOR from productively performing controlling items of work identified
on the accepted schedule or updates resulting in:
(1) CONTRACTOR being unable to work at least fifty percent (50%) of the
normal workday on controlling items of work identified on the accepted
schedule or updates due to adverse weather conditions; or
(2) CONTRACTOR must make major repairs to the Work damaged by
weather. Providing the damage was not attributable to a failure to perform
or neglect by CONTRACTOR, and providing that CONTRACTOR was
unable to work at least fifty percent (50%) of the normal workday on
controlling items of work identified on the accepted schedule or updates.
11. Permits. Licenses and Imcact Fees:
11.1. Except as otherwise provided within the Supplemental Conditions, all
permits and licenses required by federal, state or local laws, rules and
regulations necessary for the prosecution of the Work undertaken by
CONTRACTOR pursuant to this Contract shall be secured and paid for by
CONTRACTOR. It is CONTRACTOR's responsibility to have and maintain
appropriate Certificate(s) of Competency, valid for the Work to be
performed and valid for the jurisdiction in which the Work is to be
performed for all persons working on the Project for whom a Certificate of
Competency is required.
11.2. Impact fees levied by the City and/or Miami-Dade County shall be paid by
CONTRACTOR. CONTRACTOR shall be reimbursed only for the actual
amount of the impact fee levied by the municipality as evidenced by an
invoice or other acceptable documentation issued by the municipality.
Reimbursement to CONTRACTOR in no event shall include profit or
overhead of CONTRACTOR.
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12. Resolution of DisDutes:
12.1 To prevent all disputes and litigation, it is agreed by the parties hereto that
CONSULTANT shall decide all questions, claims, difficulties and disputes
of whatever nature which may arise relative to the technical interpretation
of the Contract Documents and fulfillment of this Contract as to the
character, quality, amount and value of any work done and materials
furnished, or proposed to be done or furnished under or, by reason of, the
Contract Documents and CONSULTANT's estimates and decisions upon
all claims, questions, difficulties and disputes shall be final and binding to
the extent provided in Section 12.2. Any claim, question, difficulty or
dispute which cannot be resolved by mutual agreement of CITY and
CONTRACTOR shall be submitted to CONSULTANT in writing within
twenty-one (21) calendar days. Unless a different period of time is set
forth herein, CONSULTANT shall notify CITY and CONTRACTOR in
writing of CONSULTANT's decision within twenty-one (21) calendar days
from the date of the submission of the claim, question, difficulty or dispute,
unless CONSULTANT requires additional time to gather information or
allow the parties to provide additional information. All nontechnical
administrative disputes shall be determined by the Contract Administrator
pursuant to the time periods provided herein. During the pendency of any
dispute and after a determination thereof, CONTRACTOR, CONSULTANT
and CITY shall act in good faith to mitigate any potential damages
including utilization of construction schedule changes and alternate means
of construction.
12.2 In the event the determination of a dispute under this Article is
unacceptable to either party hereto, the party objecting to the
determination must notify the other party in writing within ten (10) days of
receipt of the written determination. The notice must state the basis of the
objection and must be accompanied by a statement that any Contract
Price adjustment claimed is the entire adjustment to which the objecting
party has reason to believe it is entitled to as a result of the determination.
Within sixty (60) days after Final Completion of the Work, the parties shall
participate in mediation to address all objections to any determinations
hereunder and to attempt to prevent litigation. The mediator shall be
mutually agreed upon by the parties. Should any objection not be
resolved in mediation, the parties retain all their legal rights and remedies
provided under State law. A party objecting to a determination specifically
waives all of its rights provided hereunder, including its rights and
remedies under State law, if said party fails to comply in strict accordance
with the requirements of this Article.
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13. Insoection of Work:
13.1. CONSULTANT and CITY shall at all times have access to the Work, and
CONTRACTOR shall provide proper facilities for such access and for
inspecting, measuring and testing.
13.1.1.
13.1.2.
Should the Contract Documents, CONSULTANT's instructions,
any laws, ordinances, or any public authority require any of the
Work to be specially tested or approved, CONTRACTOR shall
give CONSULTANT timely notice of readiness of the Work for
testing. If the testing or approval is to be made by an authority
other than CITY, timely notice shall be given of the date fixed
for such testing. Testing shall be made promptly, and, where
practicable, at the source of supply. If any of the Work should
be covered up without approval or consent of CONSULTANT, it
must, if required by CONSULTANT, be uncovered for
examination and properly restored at CONTRACTOR's
expense.
Reexamination of any of the Work may be ordered by
CONSULTANT with prior written approval by the Contract
Administrator, and if so ordered, the Work must be uncovered
by CONTRACTOR. If such Work is found to be in accordance
with the Contract Documents, CITY shall pay the cost of
reexamination and replacement by means of a Change Order.
If such Work is not in accordance with the Contract Documents,
CONTRACTOR shall pay such cost.
13.2. Inspectors shall have no authority to permit deviations from, nor to relax
any of the provisions of, the Contract Documents nor to delay the Contract
by failure to inspect the materials and work with reasonable promptness
without the written permission or instruction of CONSULTANT.
13.3. The payment of any compensation, whatever may be its character or form,
or the giving of any gratuity or the granting of any favor by CONTRACTOR
to any inspector, directly or indirectly, is strictly prohibited, and any such
act on the part of CONTRACTOR will constitute a breach of this Contract.
14. Suoerintendence and Suoervision:
14.1. The orders of CITY are to be given through CONSULTANT, which
instructions are to be strictly and promptly followed in every case.
CONTRACTOR shall keep on the Project during its progress, a full-time
competent English speaking superintendent and any necessary
a~sistants, all satisfactory to CONSULTANT. The superintendent shall not
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be changed except with the written consent of CONSULTANT, unless the
superintendent proves to be unsatisfactory to CONTRACTOR and ceases
to be in its employ. The superintendent shall represent CONTRACTOR
and all directions given to the superintendent shall be as binding as if
given to CONTRACTOR and will be confirmed in writing by
CONSULTANT upon the written request of CONTRACTOR.
CONTRACTOR shall give efficient supervision to the Work, using its best
skill and attention.
14.2. Daily, CONTRACTOR's superintendent shall record, at a minimum, the
following information in a bound log: the day; date; weather conditions
and how any weather condition affected progress of the Work; time of
commencement of work for the day; the work being performed; materials,
labor, personnel, equipment and subcontractors at the Project site; visitors
to the Project site, including representatives of , CONSULTANT,
regulatory representatives; any special or unusual conditions or
occurrences encountered; and the time of termination of work for the day.
All information shall be recorded in the daily log in ink. The daily log shall
be kept on the Project site and shall be available at all times for inspection
and copying by CITY and CONSULTANT.
14.3. The Contract Administrator, CONTRACTOR and CONSULTANT shall
meet at least weekly or as determined by the Contract Administrator,
during the course of the Work to review and agree upon the work
performed to date and to establish the controlling items of work for the
next two weeks. The CONSULTANT shall publish, keep, and distribute
minutes and any comments thereto of each such meeting.
14.4. If CONTRACTOR, in the course of prosecuting the Work, finds any
discrepancy between the Contract Documents and the physical conditions
of the locality, or any errors, omissions, or discrepancies in the Project
Manual, it shall be CONTRACTOR's duty to immediately inform
CONSULTANT, in writing, and CONSULTANT will promptly review the
same. Any work done after such discovery, until authorized, will be done
at CONTRACTOR's sole risk.
14.5. CONTRACTOR shall supervise and direct the Work competently and
efficiently, devoting such attention thereto and applying such skills and
expertise as may be necessary to perform the Work in accordance with
the Contract Documents. CONTRACTOR shall be solely responsible for
the means, methods, techniques, sequences and procedures of
construction.
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15. CITY's Riaht to Terminate Contract:
15.1. If CONTRACTOR fails to begin the Work within fifteen (15) calendar days
after the Project Initiation Date, or fails to perform the Work with sufficient
workers and equipment or with sufficient materials to insure the prompt
completion of the Work, or shall perform the Work unsuitably, or cause it
to be rejected as defective and unsuitable, or shall discontinue the
prosecution of the Work pursuant to the accepted schedule or if
CONTRACTOR shall fail to perform any material term set forth in the
Contract Documents or if CONTRACTOR shall become insolvent or be
declared bankrupt, or commit any act of bankruptcy or insolvency, or shall
make an assignment for the benefit of creditors, or from any other cause
whatsoever shall not carry on the Work in an acceptable manner, Contract
Administrator may give notice in writing to CONTRACTOR and its Surety
of such delay, neglect or default, specifying the same. If CONTRACTOR,
within a period of five (5) calendar days after such notice, shall not
proceed in accordance therewith, then CITY may upon written certificate
from CONSULTANT of the fact of such delay, neglect or default and
CONTRACTOR's failure to comply with such notice, terminate the
services of CONTRACTOR, exclude CONTRACTOR from the Project site
and take the prosecution of the Work out of the hands of CONTRACTOR,
and appropriate or use any or all materials and equipment on the Project
site as may be suitable and acceptable. In such case, CONTRACTOR
shall not be entitled to receive any further payment until the Project is
completed. In addition CITY may enter into an agreement for the
completion of the Project according to the terms and provisions of the
Contract Documents, or use such other methods as in CITY's sole opinion
shall be required for the completion of the Project according to the terms
and provisions of the Contract Documents, or use such other methods as
in CITY's sole opinion shall be required for the completion of the Project in
an acceptable manner. All damages, costs and charges incurred by CITY,
together with the costs of completing the Project, shall be deducted from
any monies due or which may become due to CONTRACTOR. In case
the damages and expenses so incurred by CITY shall exceed the unpaid
balance, then CONTRACTOR shall be liable and shall pay to CITY the
amount of said excess.
15.2. If after notice of termination of CONTRACTOR's right to proceed, it is
determined for any reason that CONTRACTOR was not in default, the
rights and obligations of CITY and CONTRACTOR shall be the same as if
the notice of termination had been issued pursuant to the Termination for
Convenience clause as set forth in Section 15.3 below.
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15.3. This Contract may be terminated for convenience in writing by CITY upon
ten (10) days written notice to CONTRACTOR (delivered by certified mail,
return receipt requested) of intent to terminate and the date on which such
termination becomes effective. In such case, CONTRACTOR shall be
paid for all work executed and expenses incurred prior to termination in
addition to termination settlement costs reasonably incurred by
CONTRACTOR relating to commitments which had become firm prior to
the termination. Payment shall include reasonable profit for work/services
satisfactorily performed. No payment shall be made for profit for
work/services which have not been performed.
15.4. Upon receipt of Notice of Termination pursuant to Sections 15.1 or 15.3
above, CONTRACTOR shall promptly discontinue all affected work unless
the Notice of Termination directs otherwise and deliver or otherwise make
available to CITY all data, drawings, specifications, reports, estimates,
summaries and such other information as may have been required by the
Contract Documents whether completed or in process.
16. CONTRACTOR's Rioht to Stop Work or Terminate Contract:
Should CONSULTANT fail to review and approve or state in writing reasons for
nonapproval of any Application for Payment within twenty (20) days after it is
presented, or if CITY fails either to pay CONTRACTOR within thirty (30) days
after presentation by CONSULTANT of any sum certified by CONSULTANT, or
to notify CONTRACTOR and CONSULTANT in writing of any objection to the
Application for Payment, then CONTRACTOR may, give written notice to CITY
and CONSULTANT of such delay, neglect or default, specifying the same. If
CITY or CONSULTANT (where applicable), within a period of ten (10) calendar
days after such notice shall not remedy the delay, neglect, or default upon which
the notice is based, then CONTRACTOR may stop work or terminate this
Contract and recover from CITY payment for all work executed and reasonable
expenses sustained therein plus reasonable termination expenses. Any
objection made by CITY to an Application for Payment shall be submitted to
CONSULTANT in accordance with the provisions of Article 12 hereof.
17. Assionment:
Neither party hereto shall assign the Contract or any subcontract in whole or in
part without the written consent of the other, nor shall CONTRACTOR assign any
monies due or to become due to it hereunder, without the previous written
consent of the Mayor and City Commission.
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18. Richts of Various Interests:
Whenever work being done by CITY's forces or by other contractors is
contiguous to or within the limits of work covered by this Contract, the respective
rights of the various interests involved shall be established by the Contract
Administrator to secure the completion of the various portions of the work in
general harmony.
19. Differina Site Conditions:
In the event that during the course of the Work CONTRACTOR encounters
subsurface or concealed conditions at the Project site which differ materially from
those shown on the Contract Documents and from those ordinarily encountered
and generally recognized as inherent in work of the character called for in the
Contract Documents; or unknown physical conditions of the Project site, of an
unusual nature, which differ materially from that ordinarily encountered and
generally recognized as inherent in work of the character called for in the
Contract Documents, CONTRACTOR, without disturbing the conditions and
before performing any work affected by such conditions, shall, within twenty-four
(24) hours of their discovery, notify CITY and CONSULTANT in writing of the
existence of the aforesaid conditions. CONSULTANT and CITY shall, within two
(2) business days after receipt of CONTRACTOR's written notice, investigate the
site conditions identified by CONTRACTOR. If, in the sole opinion of
CONSULTANT, the conditions do materially so differ and cause an increase or
decrease in CONTRACTOR's cost of, or the time required for, the performance
of any part of the Work, whether or not charged as a result of the conditions,
CONSULTANT shall recommend an equitable adjustment to the Contract Price,
or the Contract Time, or both. If CITY and CONTRACTOR cannot agree on an
adjustment in the Contract Price or Contract Time, the adjustment shall be
referred to CONSU L T ANT for determination in accordance with the provisions of
Article 12. Should CONSULTANT determine that the conditions of the Project
site are not so materially different to justify a change in the terms of the Contract,
CONSULTANT shall so notify CITY and CONTRACTOR in writing, stating the
reasons, and such determination shall be final and binding upon the parties
hereto.
No request by CONTRACTOR for an equitable adjustment to the Contract under
this provision shall be allowed unless CONTRACTOR has given written notice in
strict accordance with the provisions of this Article. No request for an equitable
adjustment or change to the Contract Price or Contract Time for differing site
conditions shall be allowed if made after the date certified by CONSULTANT as
the date of substantial completion.
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20. Plans and Workina Drawinas:
CITY, through CONSULTANT, shall have the right to modify the details of the
plans and specifications, to supplement the plans and specifications with
additional plans, drawings or additional information as the Work proceeds, all of
which shall be considered as part of the Project Manual. In case of
disagreement between the written and graphic portions of the Project Manual,
the written portion shall govern.
21. CONTRACTOR to Check Plans. Soecifications and Data:
CONTRACTOR shall verify all dimensions, quantities and details shown on the
plans, specifications or other data received from CONSULTANT, and shall notify
CONSULTANT of all errors, omissions and discrepancies found therein within
three (3) calendar days of discovery. CONTRACTOR will not be allowed to take
advantage of any error, omission or discrepancy, as full instructions will be
furnished by CONSULTANT. CONTRACTOR shall not be liable for damages
resulting from errors, omissions or discrepancies in the Contract Documents
unless CONTRACTOR recognized such error, omission or discrepancy and
knowingly failed to report it to CONSULTANT.
22. CONTRACTOR's Resoonsibility for Damaaes and Accidents:
22.1. CONTRACTOR shall accept full responsibility for the Work against all loss
or damage of whatsoever nature sustained until final acceptance by CITY,
and shall promptly repair any damage done from any cause whatsoever,
except as provided in Article 29.
22.2. CONTRACTOR shall be responsible for all materials, equipment and
supplies pertaining to the Project. In the event any such materials,
equipment and supplies are lost, stolen, damaged or destroyed prior to
final acceptance by CITY, CONTRACTOR shall replace same without cost
to CITY, except as provided in Article 29.
23. Warrantv:
CONTRACTOR warrants to CITY that all materials and equipment furnished
under this Contract will be new unless otherwise specified and that all of the
Work will be of good quality, free from faults and defects and in conformance with
the Contract Documents. All work not conforming to these requirements,
including substitutions not properly approved and authorized, may be considered
defective. If required by CONSULTANT, CONTRACTOR shall furnish
satisfactory evidence as to the kind and quality of materials and equipment. This
warranty is not limited by the provisions of Article 25 herein.
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24. SUDDlementarv Drawinas:
24.1. When, in the opinion of CONSULTANT, it becomes necessary to explain
the Work to be done more fully, or to illustrate the Work further, or to show
any changes which may be required, supplementary drawings, with
specifications pertaining thereto, will be prepared by CONSULTANT.
24.2. The supplementary drawings shall be binding upon CONTRACTOR with
the same force as the Project Manual. Where such supplementary
drawings require either less or more than the original quantities of work,
appropriate adjustments shall be made by Change Order.
25. Defective Work:
25.1. CONSULTANT shall have the authority to reject or disapprove work which
CONSULTANT finds to be defective. If required by CONSULTANT,
CONTRACTOR shall promptly either correct all defective work or remove
such defective work and replace it with nondefective work.
CONTRACTOR shall bear all direct, indirect and consequential costs of
such removal or corrections including cost of testing laboratories and
personnel.
25.2. Should CONTRACTOR fail or refuse to remove or correct any defective
work or to make any necessary repairs in accordance with the
requirements of the Contract Documents within the time indicated in
writing by CONSULTANT, CITY shall have the authority to cause the
defective work to be removed or corrected, or make such repairs as may
be necessary at CONTRACTOR's expense. Any expense incurred by
CITY in making such removals, corrections or repairs, shall be paid for out
of any monies due or which may become due to CONTRACTOR, or may
be charged against the Performance Bond. In the event of failure of
CONTRACTOR to make all necessary repairs promptly and fully, CITY
may declare CONTRACTOR in default.
25.3. If, within one (1) year after the date of substantial completion or such
longer period of time as may be prescribed by the terms of any applicable
special warranty required by the Contract Documents, or by any specific
provision of the Contract Documents, any of the Work is found to be
defective or not in accordance with the Contract Documents,
CONTRACTOR, after receipt of written notice from CITY, shall promptly
correct such defective or nonconforming Work within the time specified by
CITY without cost to CITY, to do so. Nothing contained herein shall be
construed to establish a period of limitation with respect to any other
obligation which CONTRACTOR might have under the Contract
Documents including but not limited to, Article 23 hereof and any claim
regarding latent defects.
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25.4. Failure to reject any defective work or material shall not in any way
prevent later rejection when such defect is discovered, or obligate CITY to
final acceptance.
26. Taxes:
CONTRACTOR shall pay all applicable sales, consumer, use and other taxes
required by law. CONTRACTOR is responsible for reviewing the pertinent state
statutes involving state taxes and complying with all requirements.
27. Subcontracts:
27.1. CONTRACTOR shall not employ any subcontractor against whom CITY or
CONSULTANT may have a reasonable objection. CONTRACTOR shall
not be required to employ any subcontractor against whom
CONTRACTOR has a reasonable objection.
27.2. CONTRACTOR shall be fully responsible for all acts and omissions of its
subcontractors and of persons directly or indirectly employed by its
subcontractors and of persons for whose acts any of them may be liable to
the same extent that CONTRACTOR is responsible for the acts and
omissions of persons directly employed by it. Nothing in the Contract
Documents shall create any contractual relationship between any
subcontractor and CITY or any obligation on the part of CITY to payor to
see the payment of any monies due any subcontractor. CITY or
CONSULTANT may furnish to any subcontractor evidence of amounts
paid to CONTRACTOR on account of specific work performed.
27.3. CONTRACTOR agrees to bind specifically every subcontractor to the
applicable terms and conditions of the Contract Documents for the benefit
of CITY.
[X] 27.4. CONTRACTOR shall perform the Work with its own organization,
amounting to not less than (ten) 10% percent of the Contract Price.
28. Seoarate Contracts:
28.1. CITY reserves the right to let other contracts in connection with this
Project. CONTRACTOR shall afford other persons reasonable opportunity
for the introduction and storage of their materials and the execution of
their work and shall properly connect and coordinate this Work with theirs.
28.2. If any part of CONTRACTOR's Work depends for proper execution or
results upon the work of any other persons, CONTRACTOR shall inspect
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and promptly report to CONSULTANT any defects in such work that
render it unsuitable for such proper execution and results.
CONTRACTOR's failure to so inspect and report shall constitute an
acceptance of the other person's work as fit and proper for the reception of
CONTRACTOR's Work, except as to defects which may develop in other
contractor's work after the execution of CONTRACTOR's.
28.3. CONTRACTOR shall conduct its operations and take all reasonable steps
to coordinate the prosecution of the Work so as to create no interference
or impact on any other contractor on the site. Should such interference or
impact occur, CONTRACTOR shall be liable to the affected contractor for
the cost of such interference or impact.
28.4. To insure the proper execution of subsequent work, CONTRACTOR shall
inspect the work already in place and shall at once report to
CONSULTANT any discrepancy between the executed work and the
requirements of the Contract Documents.
29. Use of Comoleted Portions:
29.1. CITY shall have the right at its sole option to take possession of and use
any completed or partially completed portions of the Project. Such
possession and use shall not be deemed an acceptance of any of the
Work not completed in accordance with the Contract Documents. If such
possession and use increases the cost of or delays the Work,
CONTRACTOR shall be entitled to reasonable extra compensation, or
reasonable extension of time or both, as recommended by CONSULTANT
and approved by CITY.
29.2. In the event CITY takes possession of any completed or partially
completed portions of the Project, the following shall occur:
29.2.1. CITY shall give notice to CONTRACTOR in writing at least
thirty (30) calendar days prior to CITY's intended occupancy of
a designated area.
29.2.2. CONTRACTOR shall complete to the point of Substantial
Completion the designated area and request inspection and
issuance of a Certificate of Substantial Completion in the form
attached hereto as 00925 from CONSULTANT.
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29.2.3. Upon CONSULTANT's issuance of a Certificate of Substantial
Completion, CITY will assume full responsibility for
maintenance, utilities. subsequent damages of CITY and
public, adjustment of insurance coverages and start of warranty
for the occupied area.
29.2.4. CONTRACTOR shall complete all items noted on the
Certificate of Substantial Completion within the time specified
by CONSULTANT on the Certificate of Substantial Completion,
as soon as possible and request final inspection and final
acceptance of the portion of the Work occupied. Upon
completion of final inspection and receipt of an application for
final payment, CONSULTANT shall issue a Final Certificate of
Payment relative to the occupied area.
29.2.5. If CITY finds it necessary to occupy or use a portion or portions
of the Work prior to Substantial Completion thereof, such
occupancy or use shall not commence prior to a time mutually
agreed upon by CITY and CONTRACTOR and to which the
insurance company or companies providing the property
insurance have consented by endorsement to the policy or
policies. Insurance on the unoccupied or unused portion or
portions shall not be canceled or lapsed on account of such
partial occupancy or use. Consent of CONTRACTOR and of
the insurance company or companies to such occupancy or
use shall not be unreasonably withheld.
30. Lands for Work:
30.1. CITY shall provide, as may be indicated in the Contract Documents, the
lands upon which the Work is to be performed, rights-of-way and
easements for access thereto and such other lands as ate designated by
CITY or the use of CONTRACTOR.
30.2. CONTRACTOR shall provide, at CONTRACTOR's own expense and
without liability to CITY, any additional land and access thereto that may
be required for temporary construction facilities, or for storage of
materials. CONTRACTOR shall furnish to CITY copies of written
permission obtained by CONTRACTOR from the owners of such facilities.
31. Leaal Restrictions and Traffic Provisions:
CONTRACTOR shall conform to and obey all applicable laws. regulations, or
ordinances with regard to labor employed, hours of work and CONTRACTOR's
general operations. CONTRACTOR shall conduct its operations so as not to
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close any thoroughfare, nor interfere in any way with traffic on railway, highways,
or water, without the prior written consent of the proper authorities.
32. Location and Damaae to Existina Facilities. Eauioment or Utilities:
32.1. As far as possible, all existing utility lines in the Project area have been
shown on the plans. However, CITY does not guarantee that all lines are
shown, or that the ones indicated are in their true location. It shall be the
CONTRACTOR oS responsibility to identify and locate all underground
and overhead utility lines or equipment affecting or affected by the Project.
No additional payment will be made to the CONTRACTOR because of
discrepancies in actual and plan location of utilities, and damages suffered
as a result thereof.
32.2. The CONTRACTOR shall notify each utility company involved at least ten
(10) days prior to the start of construction to arrange for positive
underground location, relocation or support of its utility where that utility
may be in conflict with or endangered by the proposed construction.
Relocation of water mains or other utilities for the convenience of the
CONTRACTOR shall be paid by the CONTRACTOR. All charges by utility
companies for temporary support of its utilities shall be paid for by the
CONTRACTOR. All costs of permanent utility relocation to avoid conflict
shall be the responsibility of the utility company involved. No additional
payment will be made to the CONTRACTOR for utility relocations,
whether or not said relocation is necessary to avoid conflict with other
lines.
32.3. The CONTRACTOR shall schedule the work in such a manner that the
work is not delayed by the utility providers relocating or supporting their
utilities. The CONTRACTOR shall coordinate its activities with any and all
public and private utility providers occupying the right-of-way. No
compensation will be paid to the CONTRACTOR for any loss of time or
delay.
32.4. All overhead, surface or underground structures and utilities encountered
are to be carefully protected from injury or displacement. All damage to
such structures is to be completely repaired within a reasonable time;
needless delay will not be tolerated. The CITY reserves the right to
remedy such damage by ordering outside parties to make such repairs at
the expense of the CONTRACTOR. All such repairs made by the
CONTRACTOR are to be made to the satisfaction of the utility owner. All
damaged utilities must be replaced or fully repaired. All repairs are to be
inspected by the utility owner prior to backfilling.
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33. Value Enaineerina:
CONTRACTOR may request substitution of materials, articles, pieces of
equipment or any changes that reduce the Contract Price by making such
request to CONSULTANT in writing. CONSULTANT will be the sole judge of
acceptability, and no substitute will be ordered, installed, used or initiated without
CONSULTANT's prior written acceptance which will be evidenced by either a
Change Order or an approved Shop Drawing. However, any substitution
accepted by CONSULTANT shall not result in any increase in the Contract Price
or Contract Time. By making a request for substitution, CONTRACTOR agrees
to pay directly to CONSULTANT all CONSULTANT's fees and charges related to
CONSULTANT's review of the request for substitution, whether or not the
request for substitution is accepted by CONSULTANT. Any substitution
submitted by CONTRACTOR must meet the form, fit, function and life cycle
criteria of the item proposed to be replaced and there must be a net dollar
savings including CONSULTANT review fees and charges. If a substitution is
approved, the net dollar savings shall be shared equally between
CONTRACTOR and CITY and shall be processed as a deductive Change Order.
CITY may require CONTRACTOR to furnish at CONTRACTOR's expense a
special performance guarantee or other surety with respect to any substitute
approved after award of the Contract.
34. Continuina the Work:
CONTRACTOR shall carry on the Work and adhere to the progress schedule
during all disputes or disagreements with CITY, including disputes or
disagreements concerning a request for a Change Order, a request for a change
in the Contract Price or Contract Time. The Work shall not be delayed or
postponed pending resolution of any disputes or disagreements.
35. Chanaes in the Work or Terms of Contract Documents:
35.1. Without invalidating the Contract and without notice to any surety CITY
reserves and shall have the right, from time to time to make such
increases, decreases or other changes in the character or quantity of the
Work as may be considered necessary or desirable to complete fully and
acceptably the proposed construction in a satisfactory manner. Any extra
or additional work within the scope of this Project must be accomplished
by means of appropriate Field Orders and Supplemental Instructions or
Change Orders.
35.2. Any changes to the terms of the Contract Documents must be contained
in a written document, executed by the parties hereto, with the same
formality and of equal dignity prior to the initiation of any work reflecting
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such change. This section shall not prohibit the issuance of Change
Orders executed only by CITY as hereinafter provided.
36. Field Orders and Supplemental Instructions:
36.1. The Contract Administrator, through CONSULTANT, shall have the right
to approve and issue Field Orders setting forth written interpretations of
the intent of the Contract Documents and ordering minor changes in Work
execution, providing the Field Order involves no change in the Contract
Price or the Contract Time.
36.2. CONSULTANT shall have the right to approve and issue Supplemental
Instructions setting forth written orders, instructions, or interpretations
concerning the Contract Documents or its performance, provided such
Supplemental Instructions involve no change in the Contract Price or the
Contract Time.
37. Chanae Orders:
37.1. Changes in the quantity or character of the Work within the scope of the
Project which are not properly the subject of Field Orders or Supplemental
Instructions, including all changes resulting in changes in the Contract
Price, or the Contract Time, shall be authorized only by Change Orders
approved in advance and issued in accordance with the provisions of the
CITY.
37.2. All changes to construction contracts must be approved in advance in
accordance with the value of the Change Order or the calculated value of
the time extension. All Change Orders with a value of $25,000 or more
shall be approved in advance by the Mayor and City Commission. All
Change Orders with a value of less than $25,000 shall be approved in
advance by the City Manager or his designee.
37.3. In the event satisfactory adjustment cannot be reached for any item
requiring a change in the Contract Price or Contract Time, and a Change
Order has not been issued, CITY reserves the right at its sole option to
either terminate the Contract as it applies to the items in question and
make such arrangements as may be deemed necessary to complete the
disputed work; or submit the matter in dispute to CONSULTANT as set
forth in Article 12 hereof. During the pendency of the dispute, and upon
receipt of a Change Order approved by CITY, CONTRACTOR shall
promptly proceed with the change in the Work involved and advise the
CONSULTANT and Contract Administrator in writing within seven (7)
calendar days of CONTRACTOR's agreement or disagreement with the
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method, if any, provided in the Change Order for determining the
proposed adjustment in the Contract Price or Contract Time.
37.4. On approval of any Contract change increasing the Contract Price,
CONTRACTOR shall ensure that the performance bond and payment
bond are increased so that each reflects the total Contract Price as
increased.
37.5. Under circumstances determined necessary by CITY, Change Orders may
be issued unilaterally by CITY.
38. Value of Chance Order Work:
38.1. The value of any work covered by a Change Order or of any claim for an
increase or decrease in the Contract Price shall be determined in one of
the following ways:
38.1.1. Where the work involved is covered by unit prices contained in
the Contract Documents, by application of unit prices to the
quantities of items involved, subject to the provisions of Section
38.7.
38.1.2. By mutual acceptance of a lump sum which CONTRACTOR
and CITY acknowledge contains a component for overhead and
profit.
38.1.3. On the basis of the "cost of work," determined as provided in
Sections 38.2 and 38.3, plus a CONTRACTOR's fee for
overhead and profit which is determined as provided in Section
38.4.
38.2. The term "cost of work" means the sum of all direct costs necessarily
incurred and paid by CONTRACTOR in the proper performance of the
Work described in the Change Order. Except as otherwise may be
agreed to in writing by CITY, such costs shall be in amounts no higher
than those prevailing in the locality of the Project, shall include only the
following items and shall not include any of the costs itemized in Section
38.3.
38.2.1. Payroll costs for employees in the direct employ of
CONTRACTOR in the performance of the work described in the
Change Order under schedules of job classifications agreed
upon by CITY and CONTRACTOR. Payroll costs for employees
not employed full time on the work covered by the Change
Order shall be apportioned on the basis of their time spent on
BID NO: 54-01102 CITY OF MIAMI BEACH
DATE: 07/03/02 85
the work. Payroll costs shall include, but not be limited to,
salaries and wages plus the cost of fringe benefits which shall
include social security contributions, unemployment, excise and
payroll taxes, workers' or workmen's compensation, health and
retirement benefits, bonuses, sick leave, vacation and holiday
pay application thereto. Such employees shall include
superintendents and foremen at the site. The expenses of
performing the work after regular working hours, on Sunday or
legal holidays, shall be included in the above to the extent
authorized by CITY.
38.2.2. Cost of all materials and equipment furnished and incorporated
in the work, including costs of transportation and storage
thereof, and manufacturers' field services required in connection
therewith. All cash discounts shall accrue to CONTRACTOR
unless CITY deposits funds with CONTRACTOR with which to
make payments, in which case the cash discounts shall accrue
to CITY. All trade discounts, rebates and refunds, and all
returns from sale of surplus materials and equipment shall
accrue to CITY and CONTRACTOR shall make provisions so
that they may be obtained. Rentals of all construction
equipment and machinery and the parts thereof whether rented
from CONTRACTOR or others in accordance with rental
agreements approved by CITY with the advice of
CONSULTANT and the costs of transportation, loading,
unloading, installation, dismantling and removal thereof, all in
accordance with the terms of said agreements. The rental of
any such equipment, machinery or parts shall cease when the
use thereof is no longer necessary for the work.
38.2.3. Payments made by CONTRACTOR to Subcontractors for work
performed by Subcontractors. If required by CITY,
CONTRACTOR shall obtain competitive bids from
Subcontractors acceptable to CONTRACTOR and shall deliver
such bids to CITY who will then determine, with the advice of
CONSULTANT, which bids will be accepted. If the Subcontract
provides that the Subcontractor is to be paid on the basis of cost
of the work plus a fee, the Subcontractor's cost of the work shall
be determined in the same manner as CONTRACTOR'S cost of
the work. All Subcontractors shall be subject to the other
provisions of the Contract Documents insofar as applicable.
38.2.4. Cost of special consultants, including, but not limited to,
engineers, architects, testing laboratories, and surveyors
BID NO: 54..01102 CITY OF MIAMI BEACH
DATE: 07/03/02 86
employed for services specifically related to the performance of
the work described in the Change Order.
38.2.5. Supplemental costs including the following:
38.2.5.1. The proportion of necessary transportation, travel
and subsistence expenses of CONTRACTOR's
employees incurred in discharge of duties connected
with the work except for local travel to and from the
site of the work.
38.2.5.2. Cost, including transportation and maintenance, of all
materials, supplies, equipment, machinery, applian-
ces, office and temporary facilities at the site and
hand tools not owned by the workmen, which are
consumed in the performance of the work, and cost
less market value of such items used but not
consumed which remains the property of
CONTRACTOR.
38.2.5.3. Sales, use, or similar taxes related to the work, and
for which CONTRACTOR is liable, imposed by any
governmental authority.
38.2.5.4. Deposits lost for causes other than CONTRACTOR's
negligence; royalty payments and fees for permits
and licenses.
38.2.5.5. The cost of utilities, fuel and sanitary facilities at the
site.
38.2.5.6. Receipted minor expenses such as telegrams, long
distance telephone calls, telephone service at the
site, expressage and similar petty cash items in
connection with the work.
38.2.5.7. Cost of premiums for additional bonds and insurance
required because of changes in the work.
38.3. The term "cost of the work" shall not include any of the following:
38.3.1. Payroll costs and other compensation of CONTRACTOR's
officers, executives, principals (of partnership and sole
proprietorships), general managers, engineers, architects,
estimators, lawyers, auditors, accountants, purchasing and
BID NO: 54-01102 CITY OF MIAMI BEACH
DATE: 07/03/02 87
contracting agents, expediters. timekeepers, clerks and other
personnel employed by CONTRACTOR whether at the site or in
its principal or a branch office for general administration of the
work and not specifically included in the agreed-upon schedule
of job classifications referred to in Section 38.2.1., all of which
are to be considered administrative costs covered by
CONTRACTOR's fee.
38.3.2. Expenses of CONTRACTOR's principal and branch offices
other than CONTRACTOR's office at the site.
38.3.3. Any part of CONTRACTOR's capital expenses, including
interest on CONTRACTOR's capital employed for the work and
charges against CONTRACTOR for delinquent payments.
38.3.4. Cost of premiums for all Bonds and for all insurance whether or
not CONTRACTOR is required by the Contract Documents to
purchase and maintain the same, except for additional bonds
and insurance required because of changes in the work.
38.3.5. Costs due to the negligence or neglect of CONTRACTOR, any
Subcontractors, or anyone directly or indirectly employed by any
of them or for whose acts any of them may be liable, including
but not limited to, the correction of defective work, disposal of
materials or equipment wrongly supplied and making good any
damage to property.
38.3.6. Other overhead or general expense costs of any kind and the
cost of any item not specifically and expressly included in
Section 38.2.
38.4. CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit
shall be determined as follows:
38.4.1. A mutually acceptable fixed fee or if none can be agreed upon,
38.4.2. A fee based on the following percentages of the various portions
of the cost of the work:
38.4.2.1. For costs incurred under Sections 38.2.1 and
38.2.2, CONTRACTOR's fee shall not exceed ten
percent (10%).
38.4.2.2. For costs incurred under Section 38.2.3,
CONTRACTOR's fee shall not exceed seven and
BID NO: 54..01/02 CITY OF MIAMI BEACH
DATE: 07/03/02 88
one half percent (7.5%); and if a subcontract is on
the basis of cost of the work plus a fee, the
maximum allowable to the Subcontractor as a fee
for overhead and profit shall not exceed ten
percent (10%); and
No fee shall be payable on the basis of costs
itemized under Sections 38.2.4 and 38.2.5,
(except Section 38.2.5.3), and Section 38.3.
38.5. The amount of credit to be allowed by CONTRACTOR to CITY for any
such change which results in a net decrease in cost, will be the amount of
the actual net decrease. When both additions and credits are involved in
anyone change, the combined overhead and profit shall be figured on the
basis of the net increase, if any, however, CONTRACTOR shall not be
entitled to claim lost profits for any Work not performed.
38.4.2.3.
38.6. Whenever the cost of any work is to be determined pursuant to Sections
38.2 and 38.3, CONTRACTOR will submit in a. form acceptable to
CONSULTANT an itemized cost breakdown together with the supporting
data.
38.7. Where the quantity of any item of the Work that is covered by a unit price
is increased or decreased by more than twenty percent (20%) from the
quantity of such work indicated in the Contract Documents, an appropriate
Change Order shall be issued to adjust the unit price, if warranted.
38.8. Whenever a change in the Work is to be based on mutual acceptance of a
lump sum, whether the amount is an addition, credit or no change-in-cost,
CONTRACTOR shall submit an initial cost estimate acceptable to
CONSULTANT and Contract Administrator.
38.8.1. Breakdown shall list the quantities and unit prices for materials,
labor, equipment and other items of cost.
38.8.2. Whenever a change involves CONTRACTOR and one or more
Subcontractors and the change is an increase in the Contract
Price, overhead and profit percentage for CONTRACTOR and
each Subcontractor shall be itemized separately.
38.9. Each Change Order must state within the body of the Change Order
whether it is based upon unit price. negotiated lump sum, or "cost of the
work."
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39. Notification and Claim for Chanae of Contract Time or Contract Price:
39.1. Any claim for a change in the Contract Time or Contract Price shall be
made by written notice by CONTRACTOR to the Contract Administrator
and to CONSULTANT within five (5) calendar days of the commencement
of the event giving rise to the claim and stating the general nature and
cause of the claim. Thereafter, within twenty (20) calendar days of the
termination of the event giving rise to the claim, written notice of the extent
of the claim with supporting information and documentation shall be
provided unless CONSULTANT allows an additional period of time to
ascertain more accurate data in support of the claim and such notice shall
be accompanied by CONTRACTOR's written notarized statement that the
adjustment claimed is the entire adjustment to which the CONTRACTOR
has reason to believe it is entitled as a result of the occurrence of said
event. All claims for changes in the Contract Time or Contract Price shall
be determined by CONSULTANT in accordance with Article 12 hereof, if
CITY and CONTRACTOR cannot otherwise agree. IT IS EXPRESSLY
AND SPECIFICALLY AGREED THAT ANY AND ALL CLAIMS FOR
CHANGES TO THE CONTRACT TIME OR CONTRACT PRICE SHALL
BE WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH
THE REQUIREMENTS OF THIS SECTION.
39.2. The Contract Time will be extended in an amount equal to time lost on
critical Work items due to delays beyond the control of and through no
fault or negligence of CONTRACTOR if a claim is made therefor as
provided in Section 39.1. Such delays shall include, but not be limited to,
acts or neglect by any separate contractor employed by CITY, fires,
floods, labor disputes, epidemics, abnormal weather conditions or acts of
God.
40. No Damaaes for Delav:
No claim for damages or any claim, other than for an extension of time, shall be
made or asserted against CITY by reason of any delays except as provided
herein. CONTRACTOR shall not be entitled to an increase in the Contract Price
or payment or compensation of any kind from CITY for direct, indirect,
consequential, impact or other costs, expenses or damages, including but not
limited to costs of acceleration or inefficiency, arising because of delay,
disruption, interference or hindrance from any cause whatsoever, whether such
delay, disruption, interference or hindrance be reasonable or unreasonable,
foreseeable or unforeseeable, or avoidable or unavoidable; provided, however,
that this provision shall not preclude recovery of damages by CONTRACTOR for
actual delays due solely to fraud, bad faith or active interference on the part of
CITY or its CONSULTANT. Otherwise, CONTRACTOR shall be entitled only to
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,
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extensions of the Contract Time as the sole and exclusive remedy for such
resulting delay, in accordance with and to the extent specifically provided above.
41. Excusable Delav: Comoensable: Non-Comoensable:
41.1 Excusable Delay. Delay which extends the completion of the Work and
which is caused by circumstances beyond the control of CONTRACTOR
or its subcontractors, suppliers or vendors is Excusable Delay.
CONTRACTOR is entitled to a time extension of the Contract Time for
each day the Work is delayed due to Excusable Delay. CONTRACTOR
shall document its claim for any time extension as provided in Article 39
hereof.
Failure of CONTRACTOR to comply with Article 39 hereof as to any
particular event of delay shall be deemed conclusively to constitute a
waiver, abandonment or relinquishment of any and all claims resulting
from that particular event of delay.
Excusable Delay may be compensable or non-compensable:
(a) Compensable Excusable Delay. Excusable Delay is compensable
when (i) the delay extends the Contract Time, (ii) is caused by
circumstances beyond the control of the CONTRACTOR or its
subcontractors, suppliers or vendors, and (iii) is caused solely by
fraud, bad faith or active interference on the part of CITY or its
agents. In no event shall CONTRACTOR be compensated for
interim delays which do not extend the Contract Time.
CONTRACTOR shall be entitled to direct and indirect costs for
Compensable Excusable Delay. Direct costs recoverable by
CONTRACTOR shall be limited to the actual additional costs allowed
pursuant to Article 38 hereof.
CITY and CONTRACTOR recognize and agree that the amount of
CONTRACTOR's precise actual indirect costs for delay in the
performance and completion of the Work is impossible to determine as of
the date of execution of the Contract Documents, and that proof of the
precise amount will be difficult. Therefore, indirect costs recoverable by
the CONTRACTOR shall be liquidated on a daily basis for each day the
Contract Time is delayed due to a Compensable Excusable Delay. These
liquidated indirect costs shall be paid to compensate CONTRACTOR for
all indirect costs caused by a Compensable Excusable Delay and shall
include, but not be limited to, all profit on indirect costs, home office
overhead, acceleration, loss of earnings, loss of productivity, loss of
BID :so: 54-01/02
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CITY OF MIAMI BEACH
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bonding capacity, loss of opportunity and all other indirect costs incurred
by CONTRACTOR. The amount of liquidated indirect costs recoverable
shall be N/A per day for each calendar day the Contract is delayed
due to a Compensable Excusable Delay.
(b) Non-Compensable Excusable Delay. When Excusable Delay is
(i) caused by circumstances beyond the control of CONTRACTOR,
its subcontractors, suppliers and vendors, and is also caused by
circumstances beyond the control of the CITY or CONSULTANT, or
(ii) is caused jointly or concurrently by CONTRACTOR or its
subcontractors, suppliers or vendors and by the CITY or
CONSULTANT, then CONTRACTOR shall be entitled only to a time
extension and no further compensation for the delay.
42. Substantial Comcletion:
When CONTRACTOR considers that the Work, or a portion thereof designated
by CITY pursuant to Article 29 hereof, has reached Substantial Completion,
CONTRACTOR shall so notify CITY and CONSULTANT in writing.
CONSULTANT and CITY shall then promptly inspect the Work. When
CONSULTANT, on the basis of such an inspection, determines that the Work or
designated portion thereof is substantially complete, it will then prepare a
Certificate of Substantial Completion in the form attached hereto as Form 00925
which shall establish the Date of Substantial Completion; shall state the
responsibilities of CITY and CONTRACTOR for security, maintenance, heat,
utilities, damage to the Work, and insurance; and shall list all Work yet to be
completed to satisfy the requirements of the Contract Documents for Final
Completion. The failure to include any items of corrective work on such list does
not alter the responsibility of CONTRACTOR to complete all of the Work in
accordance with the Contract Documents. Warranties required by the Contract
Documents shall commence on the date of Substantial Completion of the Work
or designated portion thereof unless otherwise provided in the Certificate of
Substantial Completion. The Certificate of Substantial Completion shall be
submitted to CITY through the Contract Administrator and CONTRACTOR for
their written acceptance of the responsibilities assigned to them in such
Certificate.
43. No Interest:
Any monies not paid by CITY when claimed to be due to CONTRACTOR under
this Agreement, including, but not limited to, any and all claims for contract
damages of any type, shall not be subject to interest including, but not limited to
prejudgment interest. However, the provisions of CITY's prompt payment
ordinance, as such relates to timeliness of payment, and the provisions of
BID NO: 54-01102
DATE: 07/03/02
CITY OF MIAMI BEACH
92
Section 218.74(4), Florida Statutes (1989) as such relates to the payment of
interest, shall apply to valid and proper invoices.
44. Shoo Drawinas:
44.1. CONTRACTOR shall submit Shop Drawings as required by the Technical
Specifications. The purpose of the Shop Drawings is to show the
suitability, efficiency, technique of manufacture, installation requirements,
details of the item and evidence of its compliance or noncompliance with
the Contract Documents.
44.2. Within thirty (30) calendar days after the Project Initiation Date specified
in the Notice to Proceed. CONTRACTOR shall submit to CONSULTANT
a complete list of preliminary data on items for which Shop Drawings are
to be submitted and shall identify the critical items. Approval of this list by
CONSULTANT shall in no way relieve CONTRACTOR from submitting
complete Shop Drawings and providing materials, equipment, etc., fully in
accordance with the Contract Documents. This procedure is required in
order to expedite final approval of Shop Drawings.
44.3. After the approval of the list of items required in Section 44.2 above,
CONTRACTOR shall promptly request Shop Drawings from the various
manufacturers, fabricators, and suppliers. CONTRACTOR shall include
all shop drawings and other submittals in its certification.
44.4. CONTRACTOR shall thoroughly review and check the Shop Drawings
and each and every copy shall show this approval thereon.
44.5. If the Shop Drawings show or indicate departures from the Contract
requirements, CONTRACTOR shall make specific mention thereof in its
letter of transmittal. Failure to point out such departures shall not relieve
CONTRACTOR from its responsibility to comply with the Contract
Documents.
44.6. CONSULTANT shall review and approve Shop Drawings within fifteen
(15) calendar days from the date received, unless said Drawings are
rejected by CONSULTANT for material reasons. CONSULTANT's
approval of Shop Drawings will be general and shall not relieve
CONTRACTOR of responsibility for the accuracy of such Drawings, nor
for the proper fitting and construction of the work, nor for the furnishing of
materials or work required by the Contract Documents and not indicated
on the Drawings. No work called for by Shop Drawings shall be
performed until the said Drawings have been approved by
CONSULTANT. Approval shall not relieve CONTRACTOR from
responsibility for errors or omissions of any sort on the Shop Drawings.
BID NO: 54-01102 CITY OF MIAMI BEACH
DATE: 07/03/02 93
44.7. No approval will be given to partial submittals of Shop Drawings for items
which interconnect and/or are interdependent where necessary to
properly evaluate the design. It is CONTRACTOR's responsibility to
assemble the Shop Drawings for all such interconnecting and/or
interdependent items, check them and then make one submittal to
CONSULTANT along with its comments as to compliance,
noncompliance, or features requiring special attention.
44.8. If catalog sheets or prints of manufacturers' standard drawings are
submitted as Shop Drawings. any additional information or changes on
such drawings shall be typewritten or lettered in ink.
44.9. CONTRACTOR shall submit the number of copies required by
CONSULTANT. Resubmissions of Shop Drawings shall be made in the
same quantity until final approval is obtained.
44.10. CONTRACTOR shall keep one set of Shop Drawings marked with
CONSULTANT's approval at the job site at all times.
45. Field Lavout of the Work and Record Drawinas:
45.1. The entire responsibility for establishing and maintaining line and grade in
the field lies with CONTRACTOR. CONTRACTOR shall maintain an
accurate and precise record of the location and elevation of all pipe lines,
conduits, structures, maintenance access structures, handholes, fittings
and the like and shall prepare record or "as-built" drawings of the same
which are sealed by a Professional Surveyor. CONTRACTOR shall
deliver these records in good order to CONSULTANT as the Work is
completed. The cost of all such field layout and recording work is
included in the prices bid for the appropriate items. All record drawings
shall be made on reproducible paper and shall be delivered to
CONSULTANT prior to, and as a condition of, final payment.
45.2. CONTRACTOR shall maintain in a safe place at the Project site one
record copy of all Drawings, Plans, Specifications, Addenda, written
amendments, Change Orders, Field Orders and written interpretations
and clarifications in good order and annotated to show all changes made
during construction. These record documents together with all approved
samples and a counterpart of all approved Shop Drawings shall be
available at all times to CONSULTANT for reference. Upon Final
Completion of the Project and prior to Final Payment. these record
documents, samples and Shop Drawings shall be delivered to the
Contract Administrator.
BID NO: 54-01102 CITY OF MIAMI BEACH
DATE: 07/03102 94
I
i
I
!
\
fu
45.3. Prior to, and as a condition precedent to Final Payment, CONTRACTOR
shall submit to CITY, CONTRACTOR's record drawings or as-built
drawings acceptable to CONSULTANT.
46. Safety and Protection:
46.1. CONTRACTOR shall be solely responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the
Project. CONTRACTOR shall take all necessary precautions for the
safety of, and shall provide the necessary protection to prevent damage,
injury or loss to:
46.1.1. All employees on the work site and other persons who may be
affected thereby;
46.1.2. All the work and all materials or equipment to be incorporated
therein, whether in storage on or off the Project site; and
46.1.3. Other property at the Project site or adjacent thereto, including
trees, shrubs, lawns, walks, pavements, roadways, structures
and utilities not designated for removal, relocation or
replacement in the course of construction.
46.2. CONTRACTOR shall comply with all applicable laws, ordinances, rules,
regulations and orders of any public body having jurisdiction for the safety
of persons or property or to protect them from damage, injury or loss; and
shall erect and maintain all necessary safeguards for such safety and
protection. CONTRACTOR shall notify owners of adjacent property and
utilities when prosecution of the work may affect them. All damage, injury
or loss to any property referred to in Sections 46.1.2 and 46.1.3 above,
caused directly or indirectly, in whole or in part, by CONTRACTOR, any
Subcontractor or anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable, shall be remedied by
CONTRACTOR. CONTRACTOR's duties and responsibilities for the
safety and protection of the work shall continue until such time as all the
Work is completed and CONSULTANT has issued a notice to CITY and
CONTRACTOR that the Work is acceptable except as otherwise provided
in Article 29 hereof.
46.3. CONTRACTOR shall designate a responsible member of its organization
at the Work site whose duty shall be the prevention of accidents. This
person shall be CONTRACTOR'S superintendent unless otherwise
designated in writing by CONTRACTOR to CITY.
BID NO: 54-01102 CITY OF MIAMI BEACH
DATE: 07/03/02 95
[ x ] 47.
Final Bill of Materials:
CONTRACTOR shall be required to submit to CITY and CONSULTANT a final
bill of materials with unit costs for each bid item for supply of materials in place.
This shall be an itemized list of all materials with a unit cost for each material and
the total shall agree with unit costs established for each Contract item. A Final
Certificate for Payment cannot be issued by CONSULTANT until CONTRACTOR
submits the final bill of materials and CONSULTANT verifies the accuracy of the
units of Work.
48. Payment bv CITY for Tests:
Except when otherwise specified in the Contract Documents, the expense of all
tests requested by CONSULTANT shall be borne by CITY and performed by a
testing firm chosen by CONSULTANT. For road construction projects the
procedure for making tests required by CONSULTANT will be in conformance
with the most recent edition of the State of Florida, Department of Transportation
Standard Specifications for Road and Bridge Construction. The cost of any
required test which CONTRACTOR fails shall be paid for by CONTRACTOR.
49. Proiect Sian:
Any requirements for a project sign shall be as set forth within the Technical
Specifications section.
50. Hurricane Precautions:
50.1. During such periods of time as are designated by the United States
Weather Bureau as being a hurricane warning or alert, the
CONTRACTOR, at no cost to the CITY, shall take all precautions
necessary to secure the Project site in response to all threatened storm
events, regardless of whether the CITY or CONSULTANT has given
notice of same.
50.2. Compliance with any specific hurricane warning or alert precautions will
not constitute additional work.
50.3. Additional work relating to hurricane warning or alert at the Project site
will be addressed by a Change Order in accordance with Section 37,
General Conditions.
50.4. Suspension of the Work caused by a threatened or actual storm event,
regardless of whether the CITY has directed such suspension, will entitle
BID NO: 54-01102 CITY OF MIAMI BEACH
DATE: 07/03/02 96
the CONTRACTOR to additional Contract Time as noncompensable,
excusable delay, and shall not give rise to a claim for compensable delay.
51. Cleanina Uo: Citv's Riahl to Clean Uo:
CONTRACTOR shall at all times keep the premises free from accumulation of
waste materials or rubbish caused by its operations. At the completion of the
Project, CONTRACTOR shall remove all its waste materials and rubbish from
and about the Project as well as its tools, construction equipment, machinery and
surplus materials. If CONTRACTOR fails to clean up during the prosecution of
the Work or at the completion of the Work, CITY may do so and the cost thereof
shall be charged to CONTRACTOR. If a dispute arises between CONTRACTOR
and separate contractors as to their responsibility for cleaning up, CITY may
clean up and charge the cost thereof to the contractors responsible therefor as
CONSULTANT shall determine to be just.
52. Removal of Eauioment:
In case of termination of this Contract before completion for any cause whatever,
CONTRACTOR, if notified to do so by CITY, shall promptly remove any part or
all of CONTRACTOR's equipment and supplies from the property of CITY, failing
which CITY shall have the right to remove such equipment and supplies at the
expense of CONTRACTOR.
53. Nondiscrimination. Eaual Emolovment Oooortunitv. and Americans with
Disabilities Act:
CONTRACTOR shall not unlawfully discriminate against any person in its
operations and activities or in its use or expenditure of funds in fulfilling its
obligations under this Agreement. CONTRACTOR shall affirmatively comply with
all applicable provisions of the Americans with Disabilities Act (ADA) in the
course of providing any services funded by CITY, including Titles I and II of the
ADA (regarding nondiscrimination on the basis of disability), and all applicable
regulations, guidelines, and standards. In addition, CONTRACTOR shall take
affirmative steps to ensure nondiscrimination in employment against disabled
persons.
CONTRACTOR's decisions regarding the delivery of services under this
Agreement shall be made without regard to or consideration of race, age,
religion, color, gender, sexual orientation, national origin, marital status, physical
or mental disability, political affiliation, or any other factor which cannot be
lawfully used as a basis for service delivery.
BID NO: 54..01102
DATE: 07/03/02
CITY OF MIAMI BEACH
97
CONTRACTOR shall not engage in or commit any discriminatory practice in
violation of City of Miami Beach Ordinance No 92.2824 in performing any
services pursuant to this Agreement.
54. Proiect Records:
CITY shall have the right to inspect and copy, at CITY's expense, the books and
records and accounts of CONTRACTOR which relate in any way to the Project,
and to any claim for additional compensation made by CONTRACTOR, and to
conduct an audit of the financial and accounting records of CONTRACTOR
which relate to the Project and to any claim for additional compensation made by
CONTRACTOR. CONTRACTOR shall retain and make available to CITY all
such books and records and accounts, financial or otherwise, which relate to the
Project and to any claim for a period of three (3) years following Final Completion
of the Project. During the Project and the three (3) year period following Final
Completion of the Project, CONTRACTOR shall provide CITY access to its
books and records upon seventy-two (72) hours written notice.
BID NO: 54-01102
DATE: 07/03/02
CITY OF MIAMI BEACH
98
00900. SUPPLEMENTARY CONDITIONS:
BID NO: 54-01/02
DATE: 07/03/02
CITY OF MIAMI BEACH
99
00920. ADDITIONAL ARTICLES:
[X] 1.
Prevailina Waae Rate Ordinance.
This Project is not federally funded. City of Miami Beach Ordinance No,
94-2960 provides that in all non-federally funded construction contracts in
excess of one million dollars to which the City of Miami Beach is a party,
the rate of wages and fringe benefits, or cash equivalent, for all laborers,
mechanics and apprentices employed by any contractor or subcontractor
on the work covered by the contract, shall not be less than the prevailing
rate of wages and fringe benefit payments or cash equivalence for similar
skills or classifications of work, as established by the Federal Register, in
the City of Miami Beach, Florida. The provisions of this Ordinance shall
not apply to the following projects:
a. water, except water treatment facilities and lift stations;
b. sewer, except sewage treatment facilities and lift stations;
c. storm drainage;
d. road construction, except bridges or structures requiring
pilings; and
e. beautification projects, which may include resurfacing new
curbs, gutters, pavers, sidewalks, landscaping, new lighting,
bus shelters, bus benches and signage.
[*NOTE: INSERT IF APPLICABLE]
[] 2.
Federal Grant Proiects:
2.1. By virtue of the fact that the funding of this Project will be delivered
in full or in part from the United States government through
, federal assurances must
follow the grant application in addition to any and all supervening
assurances set forth in Rules and Regulations published in Federal
Register or CFR.
2.2. Clauses, terms or conditions required by federal grantor agency are
hereby attached and made a part of this Project Manual.
BID NO: 54..01102 CITY OF MIAMI BEACH
DATE: 07/03/02 100
GENERAL DECISION FL020001 06/07/2002 FLl
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
ASBESTOS WORKERS/HEAT AND FROST
INSULATORS
24.98
----------------------------------------------------------------
6.46
* ELEC0349A 06/01/2002
Rates
ELECTRICIANS (Including Fire Alarm
Installation) :
Electrical contracts including
materials that are less than
$2,000,000
20.50
Electrical contracts including
materials that are over
$2,000,000
22.96
----------------------------------------------------------------
4.30 + 8%
ELEV0071A 11/01/2001
ELEVATOR MECHANICS
Rates
25.285
FOOTNOTE FOR ELEVATOR CONSTRUCTORS:
BID NO: 54..01102
DATE: 07/03/02
CITY OF MIAMI BEACH
101
Fringes
Fringes
4.30 + 8%
Fringes
7.455+A
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
peWER EQUIPMENT OPERATORS:
300m Truck Operator
C=ane (Including Truck Crane)
C=ane Oiler (Including Truck Crane)
?iledrivers
19.23
22.40
16.15
19.25
3.40
3.40
3.40
3.00
----------------------------------------------------------------
I~ON0272B 04/01/2002
Rates
Fringes
I:<.:JNWORKERS:
Jrnamental
~einforcing
Structural
18.75
18.75
18.75
4.45
4.45
4.45
----------------------------------------------------------------
?:UM0519A 03/16/2002
?:-;MBERS
Rates
21.57
Fringes
5.28
----------------------------------------------------------------
?:~M0725A 08/14/2001
?:?EFITTERS (Including HVAC)
Rates
22.85
Fringes
6.50
----------------------------------------------------------------
~=FL0821A 01/01/2002
S?:<.INKLER FITTERS
Rates
21. 30
Fringes
6.22
----------------------------------------------------------------
S~EE0032C 03/03/2002
Rates
Fringes
S~EET METAL WORKERS (Including
~VAC duct work)
22.40
6.36
----------------------------------------------------------------
S~FL1027A 03/04/1999
AC:JUSTICAL TILE INSTALLER
E~ICKLAYERS/BLOCKLAYERS
C;3PENTERS (Including Drywall Hanging
and Batt Installation)
G_'<PET LAYERS
CE~~NT MASONS/CONCRETE FINISHERS
Rates
10.00
15.36
Fringes
0.62
12.90
14.25
14.50
2.40
3.15
BID NO: 54..01102
DATE: 07/03/02
CITY OF MIAMI BEACH
102
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
12.50
13.05
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
2.85
2.85
2.85
2.85
0.87
1. 83
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing opera~ion
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 cla~ses
(29 CFR 5.5(a)(1)(v)).
----------------------------------------------------------------
In the listing above, the "SUO designation means that rates
listed under that identifier do not reflect collectively
bargained wage and fringe benefi~ rates. Other desig~ations
indicate unions whcse 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 underlyi~g a wage determination
* a Wage and Hour Division letter setting forth a
position on a wage determinatic~ matter
* a conformance (additional classification and rate)
ruling
On survey related matters, initial contact, including requescs
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducced
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If ~he response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
BID NO: 54..01102
DATE: 07/03/02
CITY OF MIAMI BEACH
103
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 Revie~
Board (formerly the Wage Appeals Board). Write tc:
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
BID NO: 54..01102
DATE: 07/03/02
CITY OF MIAMI BEACH
104
00922. STATEMENT OF COMPLIANCE
(PREVAILING WAGE RATE ORDINANCE NO. 94-2960)
No.
Project Title
Contract No.
The undersigned CONTRACTOR hereby swears under penalty of perjury that, during
the period covered by the application for payment to which this statement is attached,
all mechanics, laborers, and apprentices, employed or working on the site of the
Project, have been paid at wage rates, and that the wage rates of payments,
contributions, or costs for fringe benefits have not been less than those required by City
of Miami Beach Ordinance No. 94-2960 and the applicable conditions of the Contract.
Dated ,20_
(Contractor)
By:
(Signature)
By:
(Print Name and Title)
STATE OF )
) SS
COUNTY OF )
The foregoing instrument was acknowledged before me this
,20_, by
personally known to me or who has produced
identification and who did/did not take an oath.
day of
who is
as
WITNESS my hand and official seal, this
day of
,20_.
(NOTARY SEAL)
(Signature of person taking acknowledgment)
(Name of officer taking acknowledgment)
(typed, printed or stamped)
(Title or rank)
(Serial number, if any)
My commission expires:
BID NO: 54..01102
DATE: 07/03/02
CITY OF MIAMI BEACH
105
00923. STATEMENT OF COMPLIANCE
(DAVIS BACON ACT)
No.
Contract No.
ProjectTitle
The undersigned CONTRACTOR hereby swears under penalty of perjury that, during
the period covered by the application for payment to which this statement is attached,
all mechanics, laborers, and apprentices, employed or working on the site of the
Project, have been paid at wage rates, and that the wage rates of payments,
contributions, or costs for fringe benefits have not been less than those required by the
Davis Bacon Act and the applicable conditions of the Contract.
Dated
,20
Contractor
By:
By:
(Signature)
(Print Name and Title)
STATE OF
COUNTY OF
)
) SS
)
The foregoing instrument was acknowledged before me this
, 20_, by
personally known to me or who has produced
identification and who did/did not take an oath.
WITNESS my hand and official seal, this day of
day of
who is
as
,20_.
(NOTARY SEAL)
(Signature of person taking acknowledgment)
(Name of officer taking acknowledgment)
(typed, printed or stamped)
(Title or rank)
(Serial number, if any)
My commission expires:
BID NO: 54..01102
DATE: 07/03/02
CITY OF MIAMI BEACH
106
00925. CERTIFICATE OF SUBSTANTIAL COMPLETION:
PROJECT:
(name, address)
CONSULTANT:
TO (CITY):
BID/CONTRACT NUMBER:
CONTRACTOR:
CONTRACT FOR:
NOTICE TO PROCEED DATE:
DATE OF ISSUANCE:
PROJECT OR DESIGNATED PORTION SHALL INCLUDE:
The Work performed under this Contract has been reviewed and found to be
substantially complete and all documents required to be submitted by CONTRACTOR
under the Contract Documents have been received and accepted. The Date of
Substantial Completion of the Project or portion thereof designated above is hereby
established as
which is also the date of commencement of applicable warranties required by the
Contract Documents, except as stated below.
DEFINITION OF DATE OF SUBSTANTIAL COMPLETION
The Date of Substantial Completion of the Work or portion
thereof designated by CITY is the date certified by
CONSULTANT when all conditions and requirements of
permits and regulatory agencies have been satisfied and the
Work, is sufficiently complete in accordance with the
Contract Documents, so the Project is available for beneficial
occupancy by CITY. A Certificate of Occupancy must be
issued for Substantial Completion to be achieved, however,
the issuance of a Certificate of Occupancy or the date
thereof are not to be determinative of the achievement or
date of Substantial Completion.
BID NO: 54-01102
DATE: 07/03/02
CITY OF MIAMI BEACH
107
A list of items to be completed or corrected, prepared by CONSULTANT and approved
by CITY, is attached hereto. The failure to include any items on such list does not alter
the responsibility of CONTRACTOR to complete all work in accordance with the
Contract Documents. The date of commencement of warranties for items on the
attached list will be the date of final payment unless otherwise agreed in writing.
CONSULTANT
BY
DATE
In accordance with Section 2.2 of the Contract, CONTRACTOR will complete or correct
the work on the list of items attached hereto within from the
above Date of Substantial Completion.
CONSULTANT
BY
DATE
CITY, through the Contract Administrator, accepts the Work or portion thereof
designated by CITY as substantially complete and will assume full possession thereof at
(time) on (date).
City of Miami Beach, Florida
By Contract Administrator Date
The responsibilities of CITY and CONTRACTOR for security, maintenance, heat,
utilities, damage to the work and insurance shall be as follows:
BID NO: 54-01102
DATE: 07/03/02
CITY OF MIAMI BEACH
108
00926. FINAL CERTIFICATE OF PAYMENT:
PROJECT:
(name, address)
CONSULTANT:
BID/CONTRACT NUMBER:
TO (CITY):
CONTRACTOR:
CONTRACT FOR:
NOTICE TO PROCEED DATE:
DATE OF ISSUANCE:
All conditions or requirements of any permits or regulatory agencies have been
satisfied. The documents required by Section 5.2 of the Contract, and the final bill of
materials, if required, have been received and accepted. The Work required by the
Contract Documents has been reviewed and the undersigned certifies that the Work,
including minor corrective work, has been completed in accordance with the provision of
the Contract Documents and is accepted under the terms and conditions thereof.
CONSULTANT
BY
DATE
CITY, through the Contract Administrator, accepts the work as fully complete and will
assume full possession thereof at
(time)
(date).
City of Miami Beach, Florida
By Contract Administrator Date
BID NO: 54..01102
DATE: 07/03/02
CITY OF MIAMI BEACH
109
00930. FORM OF FINAL RECEIPT:
[The following form will be used to show receipt of final payment for this Contract.]
FINAL RECEIPT FOR CONTRACT NO.
Received this day of , 20 , from City
of Miami Beach, Florida, the sum of Dollars
($ ) as full and final payment to CONTRACTOR for all work and materials
for the Project described as:
This sum includes full and final payment for all extra work and material and all
incidentals.
CONTRACTOR hereby indemnifies and releases CITY from all liens and claims
whatsoever arising out of the Contract and Project.
CONTRACTOR hereby certifies that all persons doing work upon or furnishing
materials or supplies for the Project have been paid in full. In lieu of this certification
regarding payment for work, materials and supplies, CONTRACTOR may submit a
consent of surety to final payment in a form satisfactory to CITY.
CONTRACTOR further certifies that all taxes imposed by Chapter 212, Florida
Statutes (Sales and Use Tax Act), as amended, have been paid and discharged.
[If incorporated sign below.]
CONTRACTOR
ATTEST:
(Name of Corporation)
By:
(Secretary)
(Signature)
(Corporate Seal)
(Print Name and Title)
_ day of
,20_.
F:\ATTO\AGUR\AGREEMNntrontendlstdfrm.frtend,fnl,doc
BID NO: 54..01102
DATE: 07/03/02
CITY OF MIAMI BEACH
110
[If not incorporated sign below.]
WITNESSES:
F:IA TTOIAGURIAGREEMNT\fronlendlstdfrm. frtend .fnl.doc
BID NO: 54-01102
DATE: 07/03/02
CONTRACTOR
By:
(Name of Firm)
(Signature)
(Print Name and Title)
_ day of
CITY OF MIAMI BEACH
111
,20_.
[ x ] 00950. DRAWINGS INDEX:
I. Drawings/Plans for the CONSTRUCTION OF THE BA YSHORE GOLF
COURSE CLUBHOUSE, RESTROOM SHELTERS AND MAINTENANCE
YARD BUILDING has been prepared by REG Architects, O'Donnell,
Nacarato & Mignoga, Inc., MH Engineering, Inc., Bermello Ajamil and
Partners and Urban Resource Group (URG)
* NOTE: Plans are available for this bid but must be ordered through T-
Square Miami (305) 324-1234. The attached order form on page 11 of this Bid
package must be completed and returned to T-Square Miami before prospective
bidders will receive requested plans and specifications. Following is a list of
Drawings of the bid set.
BID NO: 54..01102
DATE: 07/03/01
CITY OF MIAMI BEACH
112
Golf Clubhouse
SetA
rovEISBI!BT
AI.o MIller lie PIaD
S1mcIunl DmriDp
81 ~'" PIao
S2 . FooIiIc. CoIamas a Beam.Sdmde
S3 RoofJlnmiaa PIao
S4 RoofPlao c..l~lelJI$ aad CIaddiug
SS WaD Sectioas
S6 Will Sectioas
S7 Sec:tiaa& aad DclaiIs
sa Sec:tiaa& aad DeIIiIs
S9 Sec:tiaa& aad DeIIiIs
810 <lamISIr8csm1Nola
aw~
~I ~n.m.~iIi.'Cl PIao
C-l PmI& <DiD& lDIIiDIF
C.2 W*,UewScnices
C3 DaII
C4 DeIIiIs
c-s DeIIiIs
~ DeIIiIs
1-..". Dmirp .
LAI ~ 1-...,.. PIIIl
WOolf CallIIIII'''''''''''' Plan
LA3. PIIIIIiDc Sp<<~
LA4 GamlI~Specific:aIioDs aad Nola
Irrl fDi&IIiII PIIIl
InZ Jqma PIIIl
JJr3 . fDi&IIiII DcIaiIs PIIIl
.......nt DrniD&s
M1 ~I .
M2 MecIImic:aI, ScbedlIled, DeJaiIs, I!tc.
BIectricaI IlmriIIgs
BI I!IeclricaIIJ&bIiDg Plan
E2 ~ Pow Plan
B3 I!IedricaI RiIlr, Paad, Etc.
B4 ICildIaI Pow Plan
BS RociHgJdMlg Prorec:lioo PIIIl
Aftllilllcbnl Dtawiags
1St life SICdy PIa
FSI Fft Protdioo Plan
AU ~ Site PIIII
A2 PIo<<PIIII
All PIdiII Roar PIa NCIIb IlDd
A2J. PIdiII Roar PIIII SoG l!dd
A3 RoofPIIII
A4 EImIiD
M.I PJmIilIIS
AS SecIiCIl
AS.I SecJioas
AS.2 SecJioas
A{, Wall Seclioas
AU Wall Seclioas
A6.2 Will Sec:lioas
. A7 DeIIiIs
A7.1 DeIIiIs
A7.2 DelIiIs
A7J DdIiIs
AI FiIiIIl SdIedIIe
All Door a WiIdDw Sc:IIdIIe
A9 RdIecIDd CciIilc'"
AlO 1itdIIl1le(~ -...
AlO.1 BaIIqell............ aad IlImtioas
AI0.2 1laIIrFd1allocla.... aad......
AI0.3 .......
PIumbiag DrawiDp
PI PlumbiDg Roor Plan
P2 PlumbiDg Saaitary Iaometric
P3 Roof DraiDage PIao
P4 Kitl:bea l Bar PlumbiDg Plan
PS KildICll GIs PIaa
P6 PlumbiDg &omdrics
ICik:hea v...:- Dra .
. ..,...,.- WIIIgJ
1 KiIdlca&,....-PIan
2 Food SerYice Fquipmem Sc:hedaIe.
3 ~o-ec6ooPlao
4 PlumbiDg c..~ Plan
S Olea Hood PIa
BID NO: 54..01102
DATE: 07/03/01
CITY OF MIAMI BEACH
113
Maintenance Yard
SetH
Cover Sbeet
At ".pIIIl
DI ~Am.
0YiI DmriDp
CI . PDiDa. GrIdiDa"'~
C2 . Wlllrllld Snu PIa .
C3 Dalila ..) .
C4 Dr:r8iJs(. .
CS DeIIiIs ..
An'.Ili~DmriDp
LSl ute_Am..
AU ~;.~ YadPlnillSire PIaD
AJ. ~~ Rm~FIocr PIIo.ctRoofPlaa
All ~ljntl'JlAr~ Yad Chemical Smge BuiIdia& ct Wash S1ation Details
A3 ~im.;,.It."''P. B:ai!diJIl ~ CeiIiIg PlIo
A4 ~BlIildiogPJevllilD
AS MUlJ~llduildiD& WaD Sedioos
A6 ~;.....~ Buildiog RcsIroom FJevatioos ct Floor Plan
A7 ,FiDiab SchedaIe
StnIcIinl Dmriop
Sl~PIm
S2 ~ 1IIdDr:taiJa
S3 Stcnae PlIo
S4 Sccliom IIId Dalila
SS Design LoId Diagram
~lDrawiDgs
MI HVAC Plan _
IlIec:crb1 Dmriap
ESl BIedricaI Site Plan
81 Btec:rlcIJI ~ Jltm
B2 ~ PoiIrPIID
....,I0OI& Ora..
PI . ~JlIlQ''''
P2 PI~ laIIttics. Nola, &
BID NO: 54-01102
DATE: 07/03/01
CITY OF MIAMI BEACH
114
Golf Course Restroom
Shelters
SetC
Covu Sheet
1 Master Sire Plan & Geamllnformatioo
2 Floor Plan. RoofPlaa, E1evaIioos & Notes
3 Wall Sections
3.1 wan~
4 (S-l) PouodItioo 8Dd Roof Framing PIaDs. Notes & DelaiJs
4 (S-2) SIrudunl Scc.1ioas
S EIcdrical & PIumImg Plans & Notes
6 I JgJdniqg Protection Plans, Notes &: Details
BID NO: 54-01102
DATE: 07103/01
CITY OF MIAMI BEACH
llS
01000. ADDENDA AND MODIFICATIONS:
All addenda and other modifications made prior to the time and date of bid
opening shall be issued as separate documents identified as changes to the
Contract Documents.
BID NO: 54..01102
DATE: 07/03/01
CITY OF MIAMI BEACH
116
02000. TECHNICAL SPECIFICATIONS:
BID NO. 54..Q1/02
CONSTRUCTION OF THE BAYSHORE GOLF COURSE
CLUBHOUSE, RESTROOM SHELTERS AND
MAINTENANCE YARD BUILDING
* NOTE: Specifications are available for this bid but must be ordered through T-Square
Miami (305) 324-1234. The attached order form on page 11 of this Bid package
must be completed and returned to T-Square Miami before prospective bidders
will receive requested plans and specifications.
BID NO: 54-01102
DATE: 07/03/02
CITY OF MIAMI BEACH
117
DIV. SECTION TITLE
NO OF PAGES
DIVISION 1 - GENERAL REQUIREMENTS
01010 SUMMARY OF WORK 8
01012 N.I.C. ITEMS 1
01045 CUTTING AND PATCHING 5
01050 FIELD ENGINEERING 2
01060 REGULATORYREQUIREMENTS&PER.\"fITS 1
01070 ABBREVIATIONS 28
01090 REFERENCE STANDARDS 3
01152 APPLICATIONS FOR PAYMENT 3
01200 PROJECT MEETINGS 4
01250 CONTRACT MODIFICATION PROCEDURES 5
0\311 SCHEDULE AND REPORTS 11
0\330 SUBMIITAL PROCEDURES 10
0\380 CONSTRUCTION PHOTOGRAPHY 3
01400 QUALITY CONTROL 3
01410 TESTING LABORATORY SERVICES 3
01500 TEMPORARY FACILITIES AND CONTROLS 13
01505 MOBILZATION, SITE PREPARATION AND DEMOBILIZATION 2
01520 CONSTRUCTION AIDS 2
01530 PROTECTION OF EXISTING FACILITIES 3
01550 SITE ACCESS AND STORAGE 2
01580 PROJECT IDENTIFICATION SIGN 2
01590 CONTRACTOR, PROGRAM MANAGER/CONSULTANTS FIELD OFFICES 3
01600 MATERIAL AND EQUIPMENT 4
01660 EQUIPMENT TESTING AND STARTUP 1
01710 CLEANING 2
01720 PROJECT RECORD DOCUMENTS 5
01730 OPERATING AND MAINTENANCE DATA 6
01740 GUARANTEES AND BONDS 2
01770 CLOSE-OUT PROCEDURES 8
01820 DEMONSTR.UING AND TRAINING 5
DIVISION 2 - SITE CONSTRUCTION
02016 EXIST UTILITIES ANS UNDERGROUND STRUCTURES 1
02060 BUILDING DEMOLITION 5
02080 UTILITY MATERIALS 13
02100 SITE CLEARING AND DEMOLITION 2
02104 TREE RELOCATION 4
02200 SITE GRADING 1
02220 EXCAVATION AND BACKFILL 4
02221 EXCAVATING, BACKFILING AND COMPACTING FOR UTILITIES 5
02260 EXCA V A TION SUPPORT AND PROTECTION 4
02300 EARTHWORK 12
02361 TERMITE CONTROL _5
02500 PAVING AND SURFACING 3
02510 WATER DISTRIBUTION 15
02520 SANITARY SEWERAGE 9
02530 CONCRETE JOINT SEALANTS 3
02630 STORM DRAINAGE 18
02751 CEMENT CONCRETE PAVEMENT 14
02764 PAVEMENT JOINT SEALANTS 5
02780 UNIT PAVERS 5
02810 IRRIGATION 12
02821 SYSTEM CHAIN-LINK FENCES AND GATES 10
02900 PLANTING 20
BID NO: 54-01/02
DATE: 07/03/02
CITY OF MIAMI BEACH
118
I DIV. SECTION TITLE
DIVISION 3 - CONCRETE
03100 CONCRETE FORM WORK
03200 CONCRETE REINFORCMENT
03300 CAST-IN-PLACE CONCRETE
03410 PLANT-PRECAST STRUCTURAL CONCRETE
03490 GLASS FffiER REINFORCED PRECAST CONCRETE
NO OF PAGES
4
3
8
10
10
DIVISION 4 - MASONRY
04720 CAST STONE
04810 UNIT MASONRY ASSEMBLIES
4
4
DIVISION 5 - METALS
05510 METAL FABRICATIONS
05300 METAL DECKING
05521 PIPE AND TUBE RAILINGS
05530 GRATINGS
5
4
8
6
DIVISION 6 - WOOD AND PLASTICS
06100 ROUGH CARPENTRY
06200 FINISH CARPENTRY
6
5
DIVISION 7 - THERMAL AND MOISTURE PROTECTION
07161 MODIFIED CEMENT WATERPROOFING
07210 building insulation
07531 EPDM SINGLE PLY ROOFING MEMBRANE
07841 THROUGH-PENETRATION FIRESTOP SYSTEMS
07900 JOINT SEALERS
5
3
8
8
10
DIVISION 8 - DOORS AND WINDOWS
08110 STEEL DOORS AND FRAMES
08211 FLUSH WOOD DOORS
08305 ACCESS DOORS
08330 OVERHEAD COILING DOORS
08410 ALUMINUM ENTRANCES AND STOREFRONTS
08520 ALUMINUM WINDOWS
08630 METAL FRAMED SKYLIGHTS
08710 DOOR HARDWARE
08800 GLAZING
4
5
2
4
6
5
12
19
6
DIVISION 9 - FINISHES
09220 PORTLAND CEMENT PLASTER
09260 GYPSUM BOARD SYSTEMS
09310 CERAMIC TILE
09510 ACOUSTIC CEILINGS
09653 RESILIENT WALL BASE AND ACCESSORIES
09800 SPECIAL COATINGS
09900 PAINTING
09960 HIGH PERFORMANCE COATINGS
9
7
8
5
4
8
8
10
DIVISION 10 - SPECIALTIES
10155 TOILET COMPARTMENTS
10200 LOUVERS AND VENTS
10801 TOILET AND BATH ACCESSORIES
4
4
2
BID NO: 54-01/02
DATE: 07103/02
CITY OF MIAMI BEACH
119
DIV. SECTION TITLE
NO OF PAGES
DMSION 11 - EQUIPMENT
11400 KITCHEN EQUIPMENT VOLUME 2 SEE SPECIFICATION BOOK VOLUME 2
DMSION 12 - FURNISHINGS
NOT APPLICABLE
DIVISION 13 - SPECIAL CONSTRUCTION
NOT APPLICABLE
DMSION 14 - CONVEYING SYSTEMS
NOT APPLICABLE
DMSION 15 - MECHANICAL
15000 MECHANICAL AND ELECTRICAL GENERAL REQUIREMENTS
15010 GENERAL PROVISION
15240 VIBRATION ISOLATION
15266 THERMAL INSULATION (PLUMBING)
15280 THERMAL INSULATION (HV AC)
15330 AUTOMATIC SPRINKLER SYSTEM
15371 KITCHEN HOOD AND DUCT FIRE PROTECTION
15410 PIPING (PLUMBING)
15421 DRAINS, FLOOR SINKS AND CLEANOUTS
15430 PIPING SPECIALTIES (PLUMBING)
15440 PLUMBING FIXTURES, TRIM AND SUPPORTS
15457 WATER HEATERS
15855 AIR HANDLING UNITS
15856 AIR COOLED CONDENSING UNITS OR PACKAGE UNITS
15861 AIR MOVEMENT EQUIPMENT
15885 AIR FIL TRA TION EQUIPMENT
15890 DUCTWORK
15940 OUTLETS (HV AC)
DMSION 16 - ELECTRICAL
16000 MECHANICAL AND ELECTRICAL GENRAL REQUIREMENTS
16023 CODES AND STANDARDS
16100 BASIC MATERIALS AND METHODS
16112 RACEWAYSANDCONDUIT
16120 WIREANDCABLE
16131 OUTLET, PULL AND JUNCTION BOXES
16140 WIRING DEVICES
16155 MOTOR POWER AND CONTROL WIRING
16160 TERMINAL CABINETS
16440 DISCONNECTS SWITCHES
16450 GROUNDING
16470 PANELBOARDS
16475 OVERCURRENT PROTECTIVE DEVICES
16511 LIGHTING FIXTURES AND LAMPS
16530 EXTERIOR LIGHTING
16670 LIGHTNING PROTECTION
16721 FIRE ALARM DETECTION SYSTEM
16845 INTRUSION DETECTION SYSTEM
BID NO: 54-01102
DATE: 07/03/02
CITY OF MIAMI BEACH
120
26
4
2
2
4
6
5
6
3
5
5
3
2
2
3
2
4
3
1
1
2
12
5
5
3
3
2
2
3
3
3
6
2
3
11
4
Pale 3
Bid N'o. 54-01101
Addendum 1
03000 BID PROPOSAL FORM
BID NO. 54.01/02
CONSTRUCTION OF THE SA YSHORE GOLF COURSE CLUBHOUSE,
RESTROOM SHELTERS AND MAINTENANCE YARD BUILDING
(BID FORM)
Page 1 of 2
Our proposal includes the total cost for supplying all tabor, materials, tools, equipment and
supervision necessary to complete the Construction of the Bayshore Golf Course Clubhouse,
Restroom Shelters and Maintenance Yard Building in accordance with the Drawings/Plans
and Scope of Work/Specifications (Bid Documents).
(1) BASE BIDILUMP SUM + ADD ALTERNATE #2:
(CQnm1etioD 60 Days prior to substantial completion time as indicated in Article 2, Section 2.2 of
Con"J!ct. [See page 42 of the bid documel'1tD --- --- - ----- - -- ---
-/I --'.1'0/", /// /'
$ .7) / / '.J (/'-- f (,.-[ , .
~v/~;;'e(.f' ;ffJte'/;r-i?the J!...?S-'Z.<<{ /1:ffier5
Written Amo nt
~
/. . It! ;///t'>1.. ~evtU1..
(2) BASE BIDILUMP SUM + ADD ALTERNATE #1
(Completion 30 Days prior to substantial completion time as indicated in Article 2, Section 2.2 of
Contract. [See page 42 of the bid document])
-T'II; ./
I !-~,~; fi{/II I tTh.. ~~ r?
~~~; / -,- .
s. . /'? vi :.../[, ,
it'J1L---~~/' ~" . I,'I/': c- 0f[i:Sd+v//1d ;t>:s
Written Amount
(3) BASE BIDILUMP SUM:
-;;;,,;. !1IUIC,v
s .x) h6~ CL:C j C-:C
~~)( !lz,P]:?RC]:) ~/)(TY IV/Iv ~ /1"I'Z"t/S:/tj./D A,,/4rs;
Written Amount
Bid So. 5"-01101
Date: 011101101 (Alllcsdcd)
Pale 4
Bid No. 54.01/02
Addendum 1
BID NO. 54-01/02
CONSTRUCTION OF THE BA YSHORE GOLF COURSE CLUBHOUSE,
RESTROOM SHELTERS AND MAINTENANCE Y ARC BUILDING
(BID FORM)
Page 2 of 2
Should Additional Work be Required for Unforeseen Conditions and/or Additional Work
not Specified in the Bid Documents, we propose to complete this Work at the following
Rates:
Provide all supplies and materials required at Contractor'S:
COSTS.
- ---- - - -Provlde-AtL.squired Work at an-HOURL 't-LABOR.RAIE,_tojncludeJab_~r, ,qyip.!"lent
use, travel time, and any other cost to the Contractor at: - ---
$ .~fcf p/t'..fCR ~CR I $~'I.'i;tj rj~ft"R t-'Ce-CtrklJ\('
f4"6'. B~P/i\- f?R F?e.8.,d~1j
FIRM'S NAME (Print or Type): TRAN CONSTRUCTION, INC.
SIGNATURE:
TITLE/PRINTED NAME: PRESIDENT/HENRY LOUDEN
ADDRESS: 420 Lincoln Road, Suite (M-1) Miami Beach FL 11139
TELEPHONE NUMBER: (305)673-5427 X121 FAX: (3J5) 673-5428
04000. ACKNOWlEDGEMENT OF ADDENDA
Invitation for Bid No. 54-01102
Directions: Complete Part I or Part II, whichever applies.
Part I: listed below are the dates of issue for each Addendum received in connection
with this Bid:
Addendum No.1, Dated
#~
dAh-Z
o/rCZ
Addendum No.2, Dated
Addendum No.3, Dated
Addendum No.4, Dated
Addendum No.5, Dated
Part II:
No addendum was received in connection with this Bid.
Verified with Procurement staff
Name of Staff
Date
TRAN CONSTRUCTION, INC.
Bidders- Name
Signature
8/6/02
Date
BID NO: ~1I02
DATE: 07/83102
CITY OF MIAMI BEACH
122
05000.
CUSTOMER REFERENCE LISTING
BID NO. 54-01102
CONSTRUCTION OF THE BA YSHORE GOLF COURSE CLUBHOUSE,
RESTROOM SHELTERS AND MAINTENANCE YARD BUILDING
CUSTOMER REFERENCE L1SnNG
Contractor's shall furnish the names, addresses, and telephone numbers of a minimum
of eight (8) finns or govemment organizations for which the Contractor is currently
furnishing or has fumished construction of Golf Clubhouse, Golf Course Restroom
Facilities and Maintenance Yard Buildings. (See Minimum Requirements, Page 7)
1) Company Name HOMESTEAD PROPERTIES
Address
k'~~
Contact Person/Contract Amount ROB MIJARES $5million
Telephone Number 954-448-5507 Fax: _
#-.l(t.~z;;. i 1.--r{]t.t/~tm~~j/JHLGa1fU;E8>.kf J::-ey~
2) -- Company Name MDCPS-JOC-(3 million)
Address
12525 N.W. 28th Avenue
Contact Person/Contract Amount Al Beni tez
Telephone Number 305-995-7921 Fax: 305-995-7964
3) Company Name MDCPS-JOC- (3 mi llion)
Address
12525 N.W. 28th Avenue
Contact Person/Contract Amount Chris Miranda
Telephone Number 305-995-7946 Fax: 305-995-7964
4) Company Name PLC-Electrical- (1.5 million)
Address
420 Lincoln Road
Contact Person/Contract Amount Pablo Ce j as
Telephone Number 305-531-5220 Fax:305-534-4739
BID NO: S4..01/02
DATE: 07103102
CITY OF MIAMI BEACH
123
5)
6)
7)
8)
BID NO: 54-01/02
DATE: 07103102
Company Name United Airlines
Address
Contact Person/Contract Amount Joe Mixon $1.5 million
Telephone Number 305-341-8700 Fax: 305-341-8799
Company Name
Address
PLC
420 Lincoln Road
ContactPerson/ContractAmount Pablo Cejas-$1.5 million
("h~ ) S 't-~ 0
Telephone Number 305-531-5220 Fax: 305-534-4739 .s~l'"
Company Name
Address
MDCPS-
12525 NW 28th Avenue
Contact Person/Contract Amount Jorge Bonsenor-$1. 5 million
Telephone Number 305-995-7921 Fax: 305-995-7964
Company Name
Address
PSN
550 Washington Avenue
Contact Person/Contract Amount Robert Cardenas-$1. 5 million
Telephone Number305-534-2080 Fax: 305-534-9800
CITY OF MIAMI BEACH
124
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, H 1,2,3-4-92; Ord. No. 92-2785, 99 1,2,6-17-92)
Cross reference(s)--Definitions generally, 9 1-2.
BID NO: 54-01102
DATE: 07/03/02
CITY OF MIAMI BEACH
125
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
BID NO: 54..01102
DATE: 07/03/02
CITY OF MIAMI BEACH
126
or reimbursement for the appearance, whether direct. indirect or contingent, to
express support of or opposition to any item, shall not be required to register with
the clerk as required by this section. Copies of registration forms shall be
furnished to each commissioner or other personnel named on the forms.
(Ord. No. 92-2777, ~ 3,3-4-92; Ord. No. 92-2785, ~ 3,6-17-92)
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 aVl;Iilable 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, 99~4, 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
pursuant to F.S.. 11.0045.
(c) All members of the city commission and all city personnel shall be diligent to
ascertain whether persons required to register pursuant to this section have
complied with the requirements of this division. Commissioners or city personnel
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may not knowingly permit themselves to be lobbied by a person who is not
registered pursuant to this section to lobby the commissioner or the relevant
committee, board or city personnel.
(d) The city attorney shall investigate any persons engaged in lobbying activities who
are reported to be in violation of this division. The city attorney shall report the
results of the investigation to the city commission. Any alleged violator shall also
receive the results of any investigation and shall have the opportunity to rebut the
findings, if necessary, and submit any written material in defense to the city
commission. The city commission may reprimand, censure, suspend or prohibit
such person from lobbying before the commission or any committee, board or
personnel of the city.
(Ord. No. 92-2777, ~ 6,3-4-92; Ord. No. 92-2785, ~ 7,6-17-92)
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DIVISION 4. PROCUREMENT
Sec. 2-486. Cone of silence.
(a) Contracts for the provision of goods, services, and construction projects other
than audit contracts.
(1) Definition. "Cone of silence" is hereby defined to mean a prohibition on: (a) any
communication regarding a particular request for proposal ("RFP"), request for
qualifications (ltRFQIt), request for letters of interest ("RFLlIt), 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, RFLI, or bid between a potential
vendor, service provider, bidder, lobbyist, or consultant and any member of a city
evaluation and/or selection committee; and (d) any communication regarding a
particular RFP, RFQ, RFLI or bid between the mayor, city commissioners or their
respective staffs and any member of a city evaluation and/or selection committee.
Notwithstanding the foregoing, the cone of silence shall not apply to competitive
processes for the award of CDBG, HOME, SHIP and Surtax Funds administered by the
city office of community development, and communications with the city attorney and
his or her staff.
(2) Procedure.
a. A cone of silence shall be imposed upon each RFP, RFQ, RFLI, and bid after the
advertisement of said RFP, RFQ, RFLI, or bid. At the time of imposition of the cone of
silence, the city manager or his or her designee shall provide for public notice of the
cone of silence. The city manager shall include in any public solicitation for goods and
services a statement disclosing the requirements of this division.
b. The cone of silence shall terminate (i) at the time the city manager makes his or
her written recommendation as to selection of a particular RFP, RFQ, RFLI, or bid to the
city commission, and said RFP, RFQ, RFLI, or bid is awarded; provided, however, that
following the manager making his or her written recommendation, the cone of silence
shall be lifted as relates to communications between the mayor and members of the
commission and the city manager; providing further if the city commission refers the
manager's recommendation back to the city manager or staff for further review, the
cone of silence shall continue until such time as the manager makes a subsequent
written recommendation, and the particular RFP, RFQ, RFLI, or bid is awarded or (ii) in
the event of contracts for less than $25,000.00 when the city manager executes the
contract.
(3) Exceptions. The provisions of this section shall not apply to: (a) oral
communications at pre-bid conferences; (b) oral presentations before evaluation
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committees; (c) contract discussions during any duly noticed public meeting; (d) public
presentations made to the city commissioners during any duly noticed public meeting;
(e) contract negotiations with city staff following the award of an RFP, RFQ, RFLI, or bid
by the city commission; or (f) communications in writing at any time with any city
employee, official or member of the city commission, unless specifically prohibited by
the applicable RFP, RFQ, 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, RFLI, or bid between a potential
vendor, service provider, bidder, lobbyist, or consultant and the mayor, city
commissioners or their respective staffs, and any member of the city's administrative
staff including, but not limited to the city manager and his or her staff, (b) any oral
communication regarding a particular RFP, RFQ, 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, RFLI, or bid for audit services after the
advertisement of said RFP, RFQ, RFLI, or bid. At the time of the imposition of the cone
of silence, the city manager or his or her designee shall provide for the public notice of
the cone of silence. The cone of silence shall terminate (a) at the time the city manager
makes his or her written recommendation as to selection of a particular RFP, RFQ,
RFLI, or bid to the city commission, and said RFP, RFQ, RFLI, or bid is awarded;
provided, however, that following the manager making his or her written
recommendation, the cone of silence shall be lifted as relates to communications
between the mayor and members of the commission and the city manager; providing
further if the city commission refers the manager's recommendation back to the city
manager or staff for further review, the cone of silence shall continue until such time as
the manager makes a subsequent written recommendation, and the particular RFP,
RFQ, RFLI, or bid is awarded or (b) in the event of contracts for less than $25,000.00
when the city manager executes the contract.
(3) Nothing contained herein shall prohibit any bidder, proposer, vendor, service
provider, lobbyist, or consultant (a) from making public presentations at duly
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noticed pre-bid conferences or before duly noticed evaluation committee
meetings; (b) from engaging in contract discussions during any duly noticed
public meeting; (c) from engaging in contract negotiations with city staff following
the award of an RFP, RFQ, RFU, 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, RFU, or bid documents. The bidder or proposer etc.
shall file a copy of any written communication with the city clerk. The city clerk
shall make copies available to the general public upon request.
(4) Nothing contained herein shall prohibit any lobbyist, bidder, proposer,
vendor, service provider, consultant, or other person or entity from publicly
addressing the city commissioners during any duly noticed public meeting
regarding action on any audit contract. The city manager shall include in any
public solicitation for auditing services a statement disclosing the requirements of
this division.
(c) Violations/penalties and procedures. A violation of this section by a
particular bidder, proposer, vendor, service provider, lobbyist, or
consultant shall subject said bidder, proposer, vendor, service provider,
lobbyist, or consultant to the same procedures set forth in Division 5,
entitled "Debarment of Contractors from City Work" shall render any RFP
award, RFQ award, RFLI award, or bid award to said bidder, proposer,
vendor, service provider, bidder, lobbyist, or consultant void; and said
bidder, proposer, vendor, service provider, lobbyist, or consultant shall not
be considered for any RFP, RFQ, RFLI or bid for a contract for the
provision of goods or services for a period of one year. Any person who
violates a provision of this division shall be prohibited from serving on a
city evaluation and/or selection committee. In addition to any other penalty
provided by law, violation of any provision of this division by a city
employee shall subject said employee to disciplinary action up to and
including dismissal. Additionally, any person who has personal knowledge
of a violation of this division shall report such violation to the city attorney's
office or state
attorney's office and/or may file a complaint with the county ethics
commission.
(Ore!. No. 99-3164, ~ 1, 1-6-99; Ord. No. 2001-3295, ~ 1, 3-14-01)
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RESOLUTION NO. 2000-23879
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH REQUIRING THAT CONTRACTORS ADOPT
A CODE OF BUSINESS ETHICS PRIOR TO ENTERING INTO A
CONTRACI' WITH THE CITY OF MIAMI BEACH
WHEREAS, the Greater Miami Chamber of Commerce ("GMCC'') adopted a
Model Code of Business Ethics (the "Model Code''); and
WHEREAS, the City of Miami Beach is a member of the GMCC; and
WHEREAS, the Model Code, attached hereto as Exhibit A, is a statement of
principles to help gliide decisions and actions based on respect for the importance of
ethical business standards in the community; and
WHEREAS, the GMCC encourages its members to adopt the principles and
practices outlined in the Model Code; and
WHEREAS, the Commission believes that each entity which does business with
the City of Miami Beach should be required, as a condition of doing business with the
COWlty to adopt a Code of Business Ethics.
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
Section I. Each person or entity that seeks to do business with the City shall
adopt a Code of Business Ethics ("Code'') and submit that Code to the City Manager or
his or her designee prior to execution of any contract between the contractor and the City.
The Code of Business shall, at a minimum, require the contractor to comply with all
applicable governmental rules and regulations including, among others, the conflict of
interest, lobbying and ethics provisions of the City Code.
Section 2. The Commission urges the Greater Miami Chamber of Commerce
to require that all of its members adopt the Model Code of Business Ethics.
Section 3.
adoption.
This resolution shall become effective immediately upon its
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PASSED and ADOPTED this 12 th day of ApTil 2000
ATIEST: HJ/J
~YOR
APPROVEDMTO
FCRM a LANGUAC,':
& FOR EXEC'.JTIOh
A/, I J4 ()J/.ill ' L/
~~,7~~
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GREATER MIAMI CHAMBER OF COMMERCE
MODEL CODE OF BUSINESS ETHICS
STATEMENT OF PURPOSE
The Greater Miami Chamber of CommerCe ('GMGCj seeks to create and sustain an ethical business
climate for Hs members and the community by edopting a Code of Business Ethics. The GMCC
encourages its members 10 incorporate the principles and practices out~ned here in their individual
codes of ethiQ whic:h will guide their relationships with customers, clients and suppliers. This Model
Code can and should be prominently displayed at an business locations and may be incorporated into
marketing materials. The GMCCbelieves thai Its members should use this Code as a model for the
development 01 their organizations' business codes of ethics.
This Model Code is 0 S10lement 01 principles to help Quide decisions end lICtions besed on respect lor the
imporlence at educel busine ss slenderds in the community. The GMCC baliaves the edoption 01 e meonlngfu! code
01 ethics is the responsibility of every business end prolessionGl orgenizetion.
ComDnance with Government Rules & Reaulations
We will pI'Operly maintain all re<:ords and post alllicens8$ and certirlcates
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 regulalions and in the open;
We will report contract irregularities and other improper or unlawful business
practices to the Ethics Commission, the Office of Inspector General or
appropriate law enforcement authorities.
Recruitment. Selection & ComDensation of Vendors and SUDDliers
We will avoid conflicts of interest and disclose such conflicts when identified;
Gifts which compromise the integrity 0; 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 such a kickback, .
Business AccountinCl
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 products will camply 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 compelitars;
OoinCl Business with the Government
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We wiD 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
independently;
Any challenges to contracts awarded will have a substantive basis and not be
pursued merely because we are the unsuccessful bidder;
. We will, to the best of our ability, perform government contracts awarded at the
price and under the terms provided for in the contract. We will not submit inflated
Invoices for goods provided or selVicn performed under such contracts, and
claims will be made only for work actually performed. We will abide by all
contracting and subcontracting regulations.
We will not, directly or indirectly, offer to give a bribe or otherwise channel
kickbacks from contracts awarded, to government officials, their family members
or business associales.
We will not seek or expect preferential treatment on bids based on our
participation in political campaigns.
Public Lif. and Political CamDaians
We encourage all employees to participate in community life. public selVice and
the political process:
We encourage all employees to recruit, support and elect ethical and qualified
public officials and engage them in dialogue and debate about business and
community issues:
Our contributions to political 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 musl be reported to
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 Ordinal'lCe.
We will nol 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 MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE
VI, ENTITLED "PROCUREMENT", BY CREATING DIVISION 5,
ENTITLED "DEBARMENT", SECTIONS 2-397 THROUGH 2-406 OF
THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, PROVIDING
FOR DEBARMENT OF CONTRACTORS FROM CITY WORK;
PROVIDING FOR SEVERABILITY; CODIFICATION; REPEALER; AND
AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Miami Beach City Code, Chapter 2, entitled "Administration", Article VI,
entitled "Procurement", is hereby amended by adding the following Division 5, entitled -
"Debarment of Contractors from City Work" reading as follows:
Division 5. Debarment of contractors from City work.
Section 2-397.
Purpose of debarment.
(a) The City shall solicit offers from, award contracts to, and consent to
subcontractors with responsible contractors only: To effectuate this police, the
debarment of contractors from City work may be undertaken.
(b) The serious nature of debarment requires that this sanction be imposed only
when it is in the public interest for the City's protection. and not for purposes of
punishment. Debarment shall be imposed in accordance with the procedures
contained in this ordinance.
Section 2-398.
Definitions.
(a) Affiliates. Business concerns. organizations, lobbyists or other 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 0) below: a contractor so
excluded is debarred.
(f) Debarment Committee means a group of seven (7) individual members, each
appointed by the Mayor and individual City Commissioners, to evaluate and. if
warranted. to impose debarment,
(g) Preponderance Greater weight of the evidence means proof by information that,
compared with that opposing it , leads to the conclusion that the fact at issue is
more probably true than not.
(h) Indictment means indictment for a criminal offense. An information or other filing
by competent authority charging a criminal offense shall be given the same effect
as an indictment.
(I) Legal proceeding means any civil judicial proceeding to which the City is a party
or any criminal proceeding. The term includes appeals from such proceedings.
(j) 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:
(1) Compile and maintain a current. consolidated list (List) of all contractors
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debarred by City departments, Such List shall be public record and shall
be available for public inspection and dissemination;
(2) Periodically revise and distribute the List and issue supplements, if
necessary, to all departments. to the Office of the City Manager and to the
Mayor and City Commissioners: and
(3) Included in the List shall be the name and telephone number of the City
official responsible for its maintenance and distribution.
(b) The List shall indicate:
(1) 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 debarment action, as is further described herein. or
other statutory or regulatory authority;
(4) The effect of the debarment action;
(5) The termination 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 5/7ths vote of the City
Commission at a regularly scheduled City Commission meeting. Debarred
contractors are also excluded from conducting business with the City as agents,
representatives, subcontractors or partners of other contractors.
(d) Debarred contractors are excluded from acting as individual sureties.
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Section 2-401.
Continuation of current contracts.
(a) Commencing on the effective date of this ordinance. all proposed City contracts.
as well as Request for Proposals (RFP). Request for Qualifications (RFO).
Requests for Letters of Interest (RFLI). or bids issued be the City. shall
incorporate this ordinance and specify that debarment may constitute grounds for
termination of the contract as well as disqualification from consideration on any
RFP, RFO. RFLI. or bid.
(b) The debarment shall take effect in accordance with the notice provided by the
City Manager pursuant to subsection 2-405(h) below. except that if a City
department has contracts or subcontracts in existence at the time the contractor
was debarred, the debarment period may commence upon the conclusion of the
contract. subject to approval of same be 5/7ths vote of the Mayor and City
Commission at a regularly scheduled meeting.
(c) City departments may not renew or otherwise extend the duration of current
contract or consent to subcontracts with debarred contractors, unless the City
Manager determines that an emergency exists justifying the renewal or extension
or for an approved extension due to delay or time extension for reasons beyond
the contractor's control and such action is approved by 5/7ths vote of the Mayor
and City Commission at a regularly scheduled meeting.
(d) No further work shall be awarded to a debarred contractor in connection with a
continuing contract where the work is divided into separate discrete groups and
the City's refusal or denial of further work under the contract will not result in a
breach of such contract.
Section 2-402.
Restrictions on subcontracting.
(a) When a debarred contractor is proposed as a subcontractor for any subcontract
subject to City approval, the department shall not consent to subcontracts with
such contractors unless the City Manager determines that an emergency exists
justifying such consent and the Mayor and City Commission approves such
decision by 5/7ths vote at a regularly scheduled meeting.
(b) The City shall not be responsible for any increases in project costs or other
expenses incurred by a contractor as a result of rejection of proposed
subcontractors pursuant to subsection 2-402(a) above, provided the
subcontractor was debarred prior to bid opening or opening of proposals, where
the contract was awarded be the City pursuant to an RFP, RFO, RFLI, or bid.
Section 2-403.
Debarment.
(a) The Debarment Committee may, in the public interest debar a contractor for any
of the causes listed in this ordinance using the procedures outlined below. The
existence of a cause for debarment however, does not necessarily require that
the contractor be debarred; the seriousness of the contractor's acts or omissions
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and any mitigating factors should be considered in making any debarment
decision.
(b) Debarment constitutes debarment of all officers, directors, shareholders owning
or controlling twenty-five (25) percent of the stock, partners, divisions or other
organizational elements of the debarred contractor, unless the debarred decision
is limited by its terms to specific divisions, organizational elements or
commodities. The Debarment Committee's decision includes any existing
affiliates of the contractor if they are (I) specifically named and (ii) given written
notice of the proposed debarment and an opportunity to respond. Future affiliates
of the contractor are subject to the Debarment Committee's decision.
(c) A contractor's debarment shall be effective throughout City Government.
Section 2-404.
Causes for debarment.
(a) The Debarment Committee shall debar a contractor for a conviction or civil
judgment,
(1) For commiSSion of a fraud or a criminal offense in connection with
obtaining attempting to obtain, performing, or making a claim upon a
public contract or subcontract or a contract or subcontract funded in whole
or in part with public funds;
(2) For violation of federal or State antitrust statutes relating to the submission
of offers;
(3) For commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen
property;
(4) Which makes the City the prevailing party in a legal proceeding and a
court determines that the lawsuit between the contractor and the City was
frivolous or filed in bad faith.
(b) The Committee may debar a contractor, (and, limited instances set forth
hereinbelow a Bidder or Proposer) based upon a preponderance the greater
weight of the evidence, for;
(1) Violation of the terms of a City contract or subcontract or a contract or
subcontract funded in whole or in part by City funds such as failure to
perform in accordance with the terms of one (1) or more contracts as
certified by the City department administering the contract; or the failure to
perform or unsatisfactorily perform in accordance with the terms of one (1)
or more contracts, as certified by an independent registered architect
engineer or general contractor;
(2) Violation of a City ordinance or administrative order which lists debarment
as a potential penalty;
(3) Any other cause which affects the responsibility of a City contractor or
subcontractor in performing City work.
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Section 2-405.
Debarment procedures.
(a) Requests for the debarment of contractors may be initiated by a City
Department or by a citizen-at large and shall be made in writing to the Office of
the City Manager. Upon receipt of a request for debarment, the City Manager
shall transmit the request to the Mayor and City Commission at a regularly
scheduled meeting. The Mayor and City Commission shall transmit the request
to a person or persons who shall be charged by the City Commission with the
duty of promptly investigating and preparing a written report(s) concerning the
proposed debarment, including the cause and grounds for debarment as set
forth in this ordinance.
(b) Upon completion of the aforestated written report, the City Manager shall
forward said report to the Debarment Committee. The City's Procurement Office
shall act as staff to the Debarment Committee and, with the assistance of the
City department person or persons which prepared the report present evidence
and argument to the Debarment Committee
(c) Notice of proposal to debar. Within ten working days of the Debarment
Committee having received the request for debarment and written report, the
City's Procurement Office, on behalf of the Debarment Committee shall issue a
notice of proposed debarment advising the contractor and any specifically
named affiliates, by certified mail. return receipt requested, or personal service
containing the following information:
(1) That debarment is being considered:
(2) The reasons and causes for the proposed debarment in terms sufficient
to put the contractor and any named affiliates on notice of the conduct or
transaction(s) upon which it is based;
(3) That a hearing shall be conducted before the Debarment Committee on a
date and time not less than thirty (30) days after service of the notice.
The notice shall also advise the contractor that it may be represented by
an attorney, may present documentary evidence and verbal testimony,
and may cross-examine evidence and testimony presented against it.
(4) The notice shall also describe the effect of the issuance of the notice of
proposed debarment, and of the potential effect of an actual debarment.
(d) No later than seven (7) working days, prior to the scheduled hearing date, the
contractor must furnish the City's Procurement Office a list of the defenses the
contractor intends to present at the hearing. If the contractor fails to submit the
list, in writing, aU east seven (7) working days prior to the hearing or fails to seek
an extension of time within which to do so, the contractor shall have waived the
opportunity to be heard at the hearing. The Debarment Committee has the right
to grant or deny an extension of time, and for good cause, may set aside the
waiver to be heard at the hearing, and its decision may only be reviewed upon
an abuse of discretion standard.
(e) Hearsay evidence shall be admissible at the hearing but shall not form the sole
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basis for initiating a debarment procedure nor the sole basis of any
determination of debarment. The hearing shall be transcribed, taped or
otherwise recorded by use of a court reporter, at the election Committee and at
the expense of the City. Copies of the hearing tape or transcript shall be
furnished at the expense and request of the requesting party.
(f) Debarment Committee's decision. In actions based upon a conviction or
judgment, or in which there is no genuine dispute over material facts, the
Debarment Committee shall make a decision on the basis of all the undisputed
material information in the administrative record, including any undisputed,
material submissions made by the contractor. Where actions are based on
disputed evidence, the Debarment Committee shall decide what weight to attach
to evidence of record, judge the credibility of witnesses, and base its decision on
the prepondenance greater weight of the evidence standard. The Debarment
Committee shall be the sole trier of fact. The Committee's decision shall be
made within ten (10) working days after conclusion of the hearing, unless the
Debarment Committee extends this period for good cause.
(g) The Committee's decision shall be in writing and shall include the Committee's
factual findings, the principal causes of debarment as enumerated in this
ordinance, identification of the contractor and all named affiliate: affected by the
decision, and the specific term, including duration, of the debarment imposed.
(h) Notice of Debarment Committee's decision.
(1) If the Debarment Committee decides to impose debarment, the City
Manager shall give the contractor and any named affiliates involved
written notice by certified mail, return receipt requested, or hand delivery,
within ten (10) working days of the decision, specifying the reasons for
debarment and including a copy of the Comrnittee's written decision;
stating the period of debarment, including effective dates; and advising
that the debarment is effective throughout the City departments.
(2) If debarment is not imposed,the City Manager shall notify the contractor
and any named affiliates involved ,by certified mail. return receipt
requested. or personal service, within ten (10) working days of the
decision.
(i) All decisions of the Debarment Committee shall be final and shall be effective on
the date the notice is signed by the City Manager. Decisions of the Debarment
Committee are subject to review by the Appellate Division of the Circuit Court. A
debarred contractor may seek a stay of the debarment decision in accordance
with the Florida Rules of Appellate Procedure.
Section 2-406. Period of debarment.
(a) The period of debarment imposed shall be within the sole discretion of the
Debarment Committee. Debarment shall be for a period commensurate with the
seriousness of the cause(s), and where applicable, within the guidelines set
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forth below, but in no event shall exceed five (5) years.
(b) The following guidelines in the period of debarment shall apply except where
mitigating or aggravating circumstances justify deviation:
(1) For commission of an offense as described in subsection 2404(a)(1): five
(5) years.
(2) For commission of an offense as described in subsection 2404(a)(2): five
(5) years.
(3) For commission of an offense as described in subsection 2404(a)(3): five
(5) years.
(4) For commission of an offense as described in subsection 2404(a)(54):
two (2) to five (5) years.
(5) For commission of an offense as described in subsections 2404(b)(1) or
(2): two (2) to five (5) years.
(c) The Debarment Committee may, in its sole discretion, reduce the period of
debarment, upon the contractor's written request for reasons such as:
(1) Newly discovered material evidence;
(2) Reversal of the conviction or civil judgment upon which the debarment
was based;
(3) Bona fide change in ownership or management;
(4) Elimination of other causes for which the debarment was imposed; or
(5) Other reasons the Debarment Committee deems appropriate.
(d) The debarment debarred contractor's written request shall contain the reasons
for requesting a reduction in the debarment period, The City's Procurement
Office, with the assistance of the affected department shall have thirty (30) days
from receipt of such request to submit written response thereto. The decision of
the Debarment Committee regarding a request made under this subsection is
final and non-appealable.
SECTION 2. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 3. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it
is hereby ordained that the provisions of this ordinance shall become and be made a
part of the Code of the City of Miami Beach, Florida. The sections of this ordinance
may be renumbered relettered to accomplish such intention, and the word "ordinance"
may be changed to "section", "article," or other appropriate word.
SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
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SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the 3rd day of March,2000.
PASSED and ADOPTED this 23rd day of Februarv. 2000.
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ORDINANCE NO. 2002-3344
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING
PROCEDURES FOR RESOLVING BIDS (BIDS), REQUEST FOR
PROPOSALS (RFP'S), REQUEST FOR QUALIFICATIONS
(RFQ'S), REQUEST FOR LETTERS OF INTEREST (RFLI'S), AND
PURCHASE ORDERS BASED ON WRITTEN OR ORAL
QUOTATIONS, BY AMENDING CHAPTER 2 OF THE CODE OF
THE CITY OF MIAMI BEACH ENTITLED "ADMINISTRATION";
BY AMENDING ARTICLE VI THEREOF ENTITLED
"PROCUREMENT'; BY CREATING SECTION 2-371 ENTITLED
"AUTHORITY TO RESOLVE PROTESTED BIDS AND
PROPOSED AWARDS"; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, from time to time the City procures goods and services
through Invitation for Bids, Requests for Proposals, Requests for
Qualifications, Requests for Letters of Interest, and purchase orders based on
written or oral quotations, in accordance with the public bidding procedures set
forth in Florida law and the Code of the City of Miami Beach (the "City Code");
and
WHEREAS, such process may lead to protested bids and proposed awards;
and
WHEREAS, it is the intent of the Mayor and City Commission that
procedural and technical issues related to Invitations for Bids, Requests for
Proposals, Requests for Qualifications, Requests for Letters of Interest, and
purchase orders based on written or oral quotations. be decided by the City
Manager and the City Attorney, and that their determinations with respect to
said procedural and technical issues shall be deemed final; and
WHEREAS, it is in the best interests of the City and all respondents to
Invitations for Bids, Requests for Proposals, Requests for Qualifications,
Requests for Letters of Interest, and purchase orders based on written or oral
quotations, to have a clear and unequivocal procedure for resolving such
protests in a timely and expeditious manner.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows:
Section 1. Them is hereby added to Article VI of Chapter 2 of the City Code
a new Section 2-371, which shall read as follows:
Section 2-371. Authority to Resolve Protested Bids and Proposed
Awards.
(a) Right to Protest. Any actual bidder, qualified proposer, or interested
parties (hereinafter collectively referred to as the "bidder") who has a
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substantial interest in, and is aggrieved in connection with the solicitation or
proposed award of, a request for proposals CRFP"), request for qualifications
("RFQ'), request for letters of interest ("RFLI') or invitation for bid for goods
and/or services ("hereinafter, collectively referred to as the bid") may protest to
the City Manager or his or her designee. Protests arising from the decisions
and votes of any evaluation or selection committee shall be limited to protests
based upon alleged deviation(s) from established purchasing procedures set
forth in this Code, any written guidelines of the Procurement Department, and
the specifications, requirements and/or terms set forth in any bid.
(1) Any protest concerning the bid specifications, requirements, and/or
terms must be made within three (3) business days (for the purposes
of this ordinance, "business day" means a day other than Saturday,
Sunday or a national holiday), from the time the facts become known
and, in any case, at least two (2) business days prior to the opening
of the. Such protest must be made in writing to the City Manager or
his or her designee, and such protest shall state the particular
grounds on which it is based and shall include all pertinent
documents and evidence. No bid protest shall be accepted unless it
complies with the requirements of this section. Failure to timely
protest bid specifications, requirements and/or terms is a waiver of
the ability to protest the specifications, requirements and/or terms.
(2) Any protest after the bid opening, including challenges to actions of
any evaluation or selection committee as provided in subsection (a)
above, shall be submitted in writing to the City Manager, or his or her
designee. The City will allow such bid protest to be submitted anytime
until two (2) business days following the release of the City
Manager's written recommendation to the City Commission, as same
is set forth and released in the City Commission agenda packet, for
award of the bid in question. Such protest shall state the particular
grounds on which it is based and shall include all pertinent grounds
on which it is based, and shall include all pertinent documents and
evidence. No bid protest shall be accepted unless it complies with the
requirements of this section. All actual bidders shall be notified in
writing (which may be transmitted by electronic communication, such
as facsimile transmission and/or e-mail), following the release of the
City Manager's written recommendation to the City Commission.
(b) Any bidder who is aggrieved in connection with the solicitation or proposed
award of a purchase order based on an oral or written quotation may
protest to the City Manager or his or her designee anytime during the
procurement process, up to the time of the award of the purchase order,
but not after such time. Such protest shall be made in writing and state the
particular grounds on which it is based and shall include all pertinent
documents and evidence. No bid protest shall be accepted unless it
complies with the requirements of this section.
(c) The City may request reasonable reimbursement for expenses incurred in
processing any protest hereunder, which expenses shall include, but not
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be limited to, staff time, legal fees and expenses (including expert witness
fees), reproduction of documents and other out-of-pocket expenses.
(d) Authority to Resolve Protests. The City Manager or his or her designee
shall have the authority to settle and resolve a protest concerning the
solicitation or award of a bid.
(e) Responsiveness. Prior to any decision being rendered under this
Ordinance with respect to a bid protest, the City Manager and the City
Attorney, or their respective designees, shall certify whether the
submission of the bidder to the bid in question is responsive. The parties
to the protest shall be bound by the determination of the City Manager and
the City Attorney with regard to the issue of responsiveness. +he
determination of t!=le City Manager ORa the City AtteFRey .....it!=l regard to all
~r.esedl:lFaI ana teohnical ffiatter-s Ghall be final.
(f) Decision and Appeal Procedures. If the bid protest is not resolved by
mutual agreement, the City Manager and the City Attorney, or their
respective designees, shall promptly issue a decision in writing. The
decision shall specifically state the reasons for the action taken and inform
the protestor of his or her right to challenge the decision. Any person
aggrieved by any action or decision of the City Manager, the City Attorney,
or their respective designees, with regard to any decision rendered under
this section may appeal said decision by filing an original action in the
Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County,
Florida, in accordance with the applicable court rules. Any action not
brought in good faith shall be subject to sanctions including damages
suffered by the City and attorney's fees incurred by the City in defense of
such wrongful action.
(g) Distribution. A copy of each decision by the City Manager and the City
Attorney shall be mailed or otherwise furnished immediately to the
protestor.
(h) Stay of Procurements During Protests. In the event of a timely protest
under this section, the City shall not proceed further with the solicitation or
with the award pursuant to such bid unless a written determination is made
by the City Manager, that the award pursuant to such bid must be made
without delay in order to protect a substantial interest of the City.
(i) The institution and filing of a protest under this Code is an administrative
remedy that shall be employed prior to the institution and filing of any civil
action against the City concerning the subject matter of the protest.
m Protests not timely made under this section shall be barred. Any basis
or ground for a protest not set forth in the letter of protest required under
this section shall be deemed waived.
(k) At the time the City Manager's written recommendation for award of a bid
is presented at a meeting of the Mayor and City Commission, the City
Attorney, or his or her designee, shall present a report to inform the Mayor
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and City Commission of any legal issues relative to any bid protest filed in
connection with the bid in question.
(I) The determination of the City Manaaer and the City Attornev with reaard to
all procedural and technical matters shall be final.
Section 2. All ordinances, resolutions or parts thereof in conflict herewith be and
the same are hereby repealed.
Section 3. If any section, sentence, clause or phrase of this Ordinance is held to
be invalid or unconstitutional by any court of competent jurisdiction,
then said holding shall in no way affect the validity of the remaining
portions of this Ordinance. It is the intention of the Mayor and City
Commission of the City of Miami Beach, and it is hereby ordained
that the provisions of this Ordinance shall become and be made part
of the Code of the City of Miami Beach, Florida, The sections of this
Ordinance may be renumbered or relettered to accomplish such
intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
Section 4. This Ordinance shall take effect ten (10) days after its adoption on
the 19th day of Januarv. 2002.
PASSED on First Reading this 19th day of December ,2001.
PASSED and ADOPTED on Second Reading this 9th day of Januarv . 2002.
~a!!~
F:\ATI'OIAO'\JIl\IUllIOI\IlIIIPRO'rS.nlI2....
APPROIED AS 10
fORM & lANGltAGE
& FOI EXECUTlON
~ t;t-~I
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ORDINANCE NO. 2002.3363
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI
BEACH CITY CODE CHAPTER 2, DIVISION 3, SECTION 2-485
THEREFORE ENTITLED "LIST OF EXPENDITURES; FEE
DISCLOSURE; REPORTING REQUIREMENTS", BY REQUIRING
DISCLOSURE OF LOBBYIST' FEES; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Miami Beach City Code Chapter 2 entitled "Administration", Division
3 entitled "Lobbyist", Section 2-485 thereof is hereby amended to read as follows:
Sec. 2-485. List of expenditures; fee disclosure; reporting requirements.
a. On October 1 of each year, lobbyist subject to lobbyist registration
requirements shall submit to the city clerk a signed statement under oath as provided
herein listing all lobbying expenditures in the city for the preceding calendar year. A
statement shall be filed even if there have been no expenditures during the reporting
period. The statement shall list in detail each expenditure by category, including food
and beverage, entertainment, research, communication, media advertising,
publications, travel, lodging and special events.
/ ":"'<""''''o/'''fc'''.''''~
b. Each lobbvist and hislhei'~r'lCiOal shall. before enaaaina in any lobbvina
activities. submit to the City Clerk a ~int sianed statement under oath disclosina the
terms and amounts of comoensation (to bel oaid by each orincioal to the lobbyist with
reaard to the soecific issue on which the lobbyist has been enaaaed to lobby:. eaoh
"'?::_ . ,,-~:~.-"!;>::;Y::?'/?1f"~~C: :' ': "-', ':' ."--',"T-~~' 'f"'"'" ,- ""::"-:r:'--'Y-~~: ::j"."<-; "::->-:';:;:7%r_o/.{.?-~"': ':f-','\' " . -::-;:<-:~'Y::-:~:::':::: . - ,," ,
ElFiRsieal~~UaI6e. Elrie~to theJOb9ViFlQastMtio~~kiAQ e~Go. sybmittathe City Clerk
,-,-, . .. . ",_ ,...' ':":.i;iW~"'",:,:../<,."" . - .": . . . - . ,', ,-,'-:>' :;: :. . . .', ',' .' ." ..... ", .,.-;.."
a si~Red-~~eRt YRder eathdisslosiRQ' tho teFFf16.aR~.~fRaYRt af s~fREl.eRSati?R (tQ
~o )9aid.~ ~ash le99\'ist eFla~aed . bv tt-l~ eI'iRsieal.MtJ:l re~ar:d to tho E~esifio issye oFi
..hi~\Re'I!Jit~i&t has ~~eR eAEJGaod tE:lI~~I3y. If no comoensation has or will be oaid
concernina the subiect lobby services. a statement shall nonetheless be filed reflectina
as such.
\,
\
I
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,
~ @ The city clerk shall notify any lobbyist (or orincical) 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.
~ !!tl The city clerk shall notify the Miami-Dade County Commission on Ethics
and Public Trust of the failure of a lobbyist (or crincical) to file a either of the reports
referenced above and or pay the assessed fines after notification.
f9j ill A lobbyist (or crincical) 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.
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}j;,.,:>:,F
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 ~2002.
PASSED and ADOPTED on Second Reading this 8th day of Mav , 2002.
JiwM p~
CITY CLERK
ATl'EST:
(Requested by Commissioner Matti Bower and Co-sponsored by Commissioner Simon
Cruz, Jose Smith and Richard Steinberg)
~ljid8(fliiijQy. reflects changes between first and second reading.
JKOlkw
F:A TTO\OLIJIRES-ORD\2-<185.0RD.DOC
AfPROVED I*S 10
FORM&~
& FOR EXECu. ,.....'"
~t.f'i-tY
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