FXP Corporation
fXP~
CITY OF MIAMI BEACH, FLORIDA
PROCUREMENT DIVISION
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
CONSTRUCTION CONTRACT DOCUMENTS
PROJECT MANUAL FOR THE FOllOWING PROJECT(S):
HVAC RENOVATIONS FOR THE 10TH STREET
OCEAN FRONT AUDITORIUM
INVITATION TO BID NO.: 76-01/02
http:\ \ ci.miami-beach.fI. us
E-mail: gusIopez@ci.miami-beach.fl.us
Telephone: 305.673.7490
Facsimile: 305.673.7851
BID NO: 76-01102
DATE: 08/22/02
CITY OF MIAMI BEACH
1
CITY CLERK
I.
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.ci.mlami-beach.lI.us
COMMISSION MEMORANDUM
From:
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez ~ ~ ~
City Manager 0 ,... no
REQUEST FOR APPROVAL TO AWARD A CONTRACT TO FXP
CORPORATION IN THE AMOUNT OF $130,000, PURSUANT TO
INVITATION TO BID NO. 76-01/02, FOR THE HVAC RENOVATIONS FOR
THE 10TH STREET OCEAN FRONT AUDITORIUM.
Date: December 11, 2002
To:
Subject:
ADMINISTRATION RECOMMENDATION:
Approve the Award.
BID AMOUNT AND FUNDING:
Funding in the total amount of $130,000 is available from the General Obligation (G.O.)
Bond Fund Account #374.2382.067357.
ANALYSIS:
Invitation to Bid No. 76-01/02 was issued on August 22,2002, with an opening date of
November 1, 2002. Demandstar by Onvia issued bid notices to 995 prospective bidders,
resulting in 40 companies requesting bid packages, and the receipt of two bids.
The work specified in this bid consists of fumishing all labor, machinery, tools, means of
transportation, supplies, equipment, materials, services necessary for the HVAC
Renovations at the 10th Street Ocean Front Auditorium. Contractor shall remove two
existing air conditioning units located in the second floor mechanical room. All existing
support steel frames shall be removed. Contractor shall fumish and install one new air
conditioning unit, support frames, duct work, canvas connectors, controls, electrical,
plumbing, duct smoke detectors, engineering drawings and be licensed to pull all permits
necessary to successfully complete the work.
Contractor will procure Performance and Payment Bonds, each in the amount of 100% of
the contract price. Contractor will be substantially completed within fifteen (15) calendar.
days from the issuance date of the Notice to Proceed, with final completion seven (7) days
later. .
40
Bid No. 76-01/02
December 11, 2002
Page 2
The lowest responsive bid was received from FXP Corporation. This contractor has been in
business for 7 years as a mechanical contractor (HV AC). The Procurement Division
contacted references and obtained a Dun & Bradstreet Business Information Report on the
Contractor. Favorable references were receivedfrom the following agencies:
. Padula & Wadsworth Construction
. AFCO Constructors
. Florida International University
. Arellano Construction
Based on the analysis of the bids received, it is recommended that the City award this
Project to the lowest and best bidder for the Base Bid only, to FXP Corporation.
BID TABULATION:
VENDOR LUMP SUM AMOUNT
FXP Corporation $ 130,000.00
Environmental Control, Inc. $ 137,664.00
T:\AGENDA\2002\DEC1102\CONSENn101h street hvac commemo.doc
41
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
~
PROCUREMENT DIVISION
Telephone (305) 673-7490
Fecslmlle (305) 673.7851
INVITATION TO BID NO. 76-01/02
ADDENDUM NO.5
October 23, 2002
HV AC RENOVATIONS FOR THE 10TH STREET OCEAN FRONT AUDITORIUM
is amended as follows:
I. Revised Bid Form (page 111) attached.
II. Clarify: Method of Award will be based on the lowest and best Lump Sum Bid.
III. Page 24 , end Note, is revised as follows:
Delete: "Note: Please provide copies of all you licenses and corporate certificates with your bid
response"
Replace with: "Note: Copies of all your licenses and corporate certificates must be submitted with
your bid response or within five calendar (5) after receipt of request from the
City's Procurement Division.
IV. The foUowing are answers to questions submitted by bidders:
1. Please provide accurate information regarding the presence of asbestos and the contract
requirements, if any.
A comprehensive asbestos survey will be provided to the contractors. Cost of
abatement, if necessary, shall be the City's responsibility.
2. Please confirm prevailing wages (City or Bacon wages) do not apply to this project Please
refer to page 18, section 13 and page 98, section 00920.
No prevailing wages (City or Davis-Bacon) shall be applicable.
3. As discussed during our initial visit, and due to the lack of additional information, we
request and find absolutely necessary (we are providing engineering and cons1IUction
services in one package), a second visit to finther document and verify existing conditions
and a preliminary design.
Second visit has already been conducted.
4. The new package unit will not fit through the door. We will need to remove the existing
doors and frame, expand the opening around the door and later patch and re-install the
doors and frame. We need to know the exact implications of this work as they relate to the
building department
Bid 76-01/02
Addendum No.4
Page 2
As instructed by Property Management Director, every effort should be made to
avoid enlarging the door opening or making additional opening on the outside walL
If unit can not be partially dismantled, or if alternate choice of unit is not available
with the adequate dimensions, then contractors shall be responsible for any
masonry work necessary to install units in mechanical room. Contractors shall
provide a separate line item cost of the masonry work, including any structural
engineering costs, if applicable. Contractor shall also provide a separate line item
cost for the replacement of the existing doors, if applicable.
5. Page 110, section 8.2 of the project manual does not directly state that the existing doors
can be re-used. Please clarify.
Existing doors may be reused only if the additional opening does not disturb the
original doors. If doors are removed and original door opening is altered or
enlarged, doors may not be reused.
6. Page 110, section 5.1 establishes the requirements for controls. Please clarify further that
the extent of the new controls is limited to a new wall mounted thermostat for cooling and
heating purposes only.
Air conditioning unit shall be equipped with all safety and operational controls
required to properly operate the system. Unit shall be supplied with a multi-stage
capacity control to provide proper operating parameters under partial loads.
7. As discussed during our visit, the unit requested is a self-contained water cooled unit Page
109, section 4.1.6. refers to condensing units to be located on the roof. What does this
apply to?
Page 109, section 4.1.6 shall be deleted.
8. Due to the fact that this is an auditorium, please indicate whether intemally lined ductwork
or any other means of attenuate sound is desired.
No duct work is to be replaced during this project The only new duet work
required is to reconnect new unit to existing duct work.
9. Please refer to page 109, section 4.1. Will York be allowed as a third bidder?
York will be allowed as a third manufacturer.
10. Refer to page 108, section 1.1. Please clarify whether permit fees will be reimbursable.
Permit fees will not be reimbursable.
11. Please indicate how many sets of filters are to be included with the equipment.
Only the filters supplied with the unit. They shall be medium efficiency pleaded
filters.
Bid 76-01/02
Addendum No.4
Page 3
12. The return ductwork should be ducted and externally insulated. The outside air does not
have to be ducted to the mixing box or plenum at the unit. Please make this a requirement
to ensure the City is provided with an adequate system.
Further clarification/amplification is requested on this question.
Clarification from bidder. Bid documents (pages 108, 109 and 110) do not include any
insulation requirements. The condenser water piping does not require insulation; however
the ductwork (supply and return) should be insulated. Please add this requirement to your
criteria. When specifYing the insulation for the ductwork, however, refer to question 8 and
consider whether extemal1ining will be required for noise attenuation purposes.
The condenser water piping does not have to be insulated. The supply and return
ductwork to be changed in this job are to be insulated.
13. Please add a requirement for test and balance by an independent agency hired by the
contractor to verify proper flows. The requirement should include measurement of existing
conditions prior to demolition, specifically on the airside.
Test and balance shall be required on the water side by the contractor.
14. Please conflnn that a new condenser water pump for the life patrol station needs to be
provided, as it is not included in the scope of work.
Condenser water pump for the Beach Patrol Station is not part of the scope of
work.
15. During the walk through we noticed that the existing electrical installations do not comply
with NFP A 70 (NEe) article 240.21, also existing mceways, disconnects, starters, and
boxes are damaged and rusted. Should we demolish and replace existing installation? If so,
shall new panel, disconnects and starters be furnished NEMA 4X (stainless steel)?
All raceways, disconnects, starters, boxes and existing electrical installations that
are part of the existing air conditioning system, but that will not be reused with the
newly installed air conditioning system, shall be removed. All raceways,
disconnects, starters, boxes and electrical installations that are necessary for the
proper operation of the newly installed air conditioning system shall be replaced.
All new panels, disconnects and starters shall be NEMA 4X.
16. As per NFP A 90A article 4.4.2.b. the new 60 ton. requires the installation of a duct smoke
detector in the air return and another in the air supply. Should we provide and install these
two duct detectors? If so, NFPA 101 Life safety Code art. 9.3.4.1. stated "Assembly
occupancies with occupant loads greater than 300 and all theaters with more than one
audience-viewing room shall be provided with an approved fire alarm system in accordance
with 7-6.1 and this section". This facility does not have a fire alarm system. Will Miami
Beach Fire Department require the installation of a new fire alarm system? If so, will the
new fire alarm system be part of this project?
Bid 76-01/02
Addendum No.4
Page 4
Contractor shall provide duct smoke detectors for the new air conditioning system.
The scope of work of this project does not include the installation of a fire alarm
system.
17. Once the asbestos testing comes back and if the results are positive, how will the removal
be handled? Will each contractor be responsible for the removal or will the City take care
of it?
The cost of asbestos abatement, if applicable, shall be limited to the work area
corresponding to this project, and shall be the City's responsibility.
18. Since the old exterior doors to the roofwill not need to be removed to bring in the new
AHU, will the replacement of these doors still be part of the contract (they are wood
doors/frames and not rated for mechanical room application)?
See answer to question No 5.
19. Are the isolation valves for the new condenser piping manual or electriclpnewnatically
controlled?
Isolation valves shall be electrically actuated.
20. Is there a fire alarm system installed in the auditorium at this time?
See answer to question No. 16.
21. Since the air will be off during the change out, is temporary air going to be required?
Not applicable.
22. Because of the close proximity to the beach and the corrosive salt air, should all equipment
contain a corrosion resistant coating?
Unit shall have nickel plated water cooled condenser, anti-corrosion treatment on
air handler coil and stainless steel drain pan.
Bidders are reminded to please acknowledge receipt of this addendum on proposal page 112
"Acknowledgement of Addenda".
CITY OF MIAMI BEACH
/;J .P~
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Gus Lopez, CPPO
Procurement Director
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BID NO. 76-01/02
HVAC RENOVATIONS FOR THE 10TH STREET
OCEAN FRONT AUDITORIUM
BID FORM
Page 1 of2
Our proposal includes the total cost for supplying all the work specified in this bid which consists of
furnishing all labor, machinery, tools, means of transportation, supplies, equipment, materials, services
necessary for the HV AC Renovations for the 10111 Street Ocean Front Auditorium, in accordance with the
Scope of Work and Specifications.
Lump Sum: $
Written Amount
Every effort should be made to avoid enlarging the door opening or making additional opening on the
outside wall. If unit can not be partially dismantled, or if alternate choice of unit is not available with the
adequate dimensions, then contractors shall be responsible for any masonry work necessary to install units
in mechanical room. Contractors shall provide a separate line item cost of the masorny work, including any
structural engineering costs, if applicable. Contractor shall also provide a separate line item cost for the
replacement of the existing doors, if applicable.
Please provide unit prices for the following two items if applicable (these costs shall
already be included in the Lump Sum Bid Amount):
1. MASONRY WORK (including structural engineering costs): $
2- REPLACEMENT OF THE EXISTING DOORS: $
Note: The City reserves the right to deduct item 1 or 2 or both from the current Scope
of Work, should this be in the City's best interest.
FIRM'S NAME (Print or Type):
SIGNATURE:
TITLE/PRINTED NAME:
ADDRESS:
TELEPHONE NUMBER:
FAX:
BID NO: 76-01102
DATE: 08122tV2
CfIY OF MIAMI BEAOI
111
AMENDED
10123102
BID NO. 76-01/02
HVAC RENOVATIONS FOR THE 10TH STREET
OCEAN FRONT AUDITORIUM
BID FORM
Page 2 of 2
Should Additional Work be required for Unforeseen Conditions andlor 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 a "Not to Exceed" HOURLY LABOR RATE, to include
labor, equipment use, travel time, and any other cost to the Contractor at:
$
p/h.
(Note: This "Not to Exceed" HOURL Y LABOR RA TE is subject to be negotiated by the City
Manager, or designated representative.)
FIRM'S NAME (Print or Type):
SIGNATURE:
TITLE/PRINTED NAME:
ADDRESS:
TELEPHONE NUMBER:
FAX:
BID NO: 76-01102
DATE: 08122/02
CITY OF MIAMI BEAm
111-1
AMENDED
10J23102
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
htlp:\\ci .miami-beach. fl. us
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
INVITATION TO BID NO. 76-01/02
ADDENDUM NO.4
October 17,2002
HV AC RENOVATIONS FOR THE 10TH STREET OCEAN FRONT AUDITORIUM
~ amended as follows:
I. The Bid Opening date is changed from October 18, 2002 to November 1,2002 at 3:00 p.m.
II. Subsequent addenda wiD foDow to answer questions submitted by prospective bidders.
Bidders are not required to acknowledge receipt of this addendum on their proposals.
CITY OF MIAMI BEACH
~-' ,
.'~;j/
. (.~,,"---
Gus Lopez, CPPO
Procurement Director
mf
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.ll.us
PROCUREMENT DIVISION
Telephone (305) 673.7490
Facelmlle (305) 673.7851
INVITATION TO BID NO. 76-01/02
ADDENDUM NO.3
October 8, 2002
HV AC RENOVATIONS FOR THE 10TH STREET OCEAN FRONT AUDITORIUM
is amended as follows:
I. The Bid Opening date is changed from October 11, 2002 to October 18, 2002 at 3:00 p.m.
II. Subsequent addenda will fonow to answer questions submitted by prospective bidders.
Bidders are not required to acknowledge receipt of this addendum on their proposals.
CITY OF MIAMI BEACH
r:~~
Gus Lopez, CPPO
Procurement Director
mf
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7651
INVITATION TO BID NO. 76-01102
ADDENDUM NO.2
September 23, 2002
HV AC RENOVATIONS FOR THE 10TH STREET OCEAN FRONT AUDITORIUM
is amended as follows:
I. The Bid Opening date is changed from September 27, 2002 to October 11, 2002 at 3:00
p.m.
II. Copies of As-Built Structural Framing, and HV AC Drawings are available to bidders.
Please call the City of Miami Beach Procurement Division at 305-673-7490 to secure a copy of
these documents.
III. Subsequent addenda win fonow to answer questions submitted by bidders.
Bidders are reminded to please acknowledge receipt of this addendum on proposal page 112
"Acknowledgement of Addenda".
CITY OF MIAMI BEACH
-:;;~/
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Gus Lopez, CPPO
Procurement Director
mf
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. 76-01102
ADDENDUM NO.1
September 17,2002
HV AC RENOVATIONS FOR THE 10TH STREET OCEAN FRONT AUDITORIUM
is amended as follows:
I. The Bid Opening date is changed from September 20, 2002 to September 27, 2002 at
3:00 p.m.
II. A second Site Visit is scheduled for Friday September 20, 2002 at 10:00 A.M. at the 10th
Street Ocean Front Auditorium located at Ocean Drive and 10th Street.
III. Bid !Tender Form, pages 21 through 23, has been amended; see attached amended
form.
IV. Clarify: Prospective Bidders are not required to be General Contractor to be awarded this
project
V. Subsequent addenda will follow to answer questions submitted by bidders.
Bidders are reminded to please acknowledge receipt of this addendum on page 112 of their proposals.
CITY OF MIAMI BEACH
/7 ~.?
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Gus Lopez, CPPO
Procurement Director
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00400. BID/TENDER FORM:
Submitted:
Date
City of Miami Beach, Florida
1700 Convention Center Drive
Miami Beach, Florida 33139
The undersigned, as Bidder, hereby declares that the only persons interested in this bid as
principal are named herein and that no person other than herein mentioned has any interest
in this bid or in the Contract to be entered into; that this bid is made without connection with
any other person, firm, or parties making a bid; and that it is, in all respects, made fairly and
in good faith without collusion or fraud.
The Bidder further declares that it has examined the site of the Work and informed itself fully
of all conditions pertaining to the place where the Work is to be done; that it has examined the
Contract Documents and all addenda thereto furnished before the opening of the bids, as
acknowledged below; and that it has satisfied itself about the Work to be performed; aAEI that
it has s\:,JBmitteEl the FeEll::Jirecl 8iEl Gl::JaFaAty; and all other required information with the bid; and
that this bid is submitted voluntarily and willingly.
The Bidder agrees, if this bid is accepted, to contract with the City, a political subdivision of
the State of Florida, pursuant to the terms and conditions of the Contract Documents and to
furnish all necessary materials, equipment, machinery, tools, apparatus, means of
transportation, and all labor necessary to construct and complete within the time limits
specified the Work covered by the Contract Documents for the Project entitled:
The Bidder also agrees to furnish the required Performance Bond and Payment Bond or
alternative form of security, if permitted by the City, each for not less than the total bid price
plus alternates, if any, and to furnish the required Certificate(s} of Insurance.
The \:,JAEleF&igneEl fI:lr:ther agFees that the BiEl gl,J3Fanty aSSSFRf33AyiAg the BiEl shall be fgFfeiteEl
if BiElEler fails to execblte saiEl ContFast, er fails ts fI:lrniEI1 the FeQ\:,JiFeEl PerfGFFRaASe 80AEI aAEI
PaYFReRt 8end er fails ts furnish the FeQ\:,Jir-eEl Cer:tificate(s) ef InSllFaAee v.'itl1in frfteeA (Hi)
calenEl3r E13Ys after being nstified sf the a'....aFEI sf the Csntr~ct.
In the event of arithmetical errors, the Bidder agrees that these errors are errors which may be
corrected by the City. In the event of a discrepancy between the price bid in figures and the
price bid in words, the price in words shall govern. Bidder agrees that any unit price listed in
the bid is to be multiplied by the stated quantity requirements in order to arrive at the total.
BID NO: 76-01/02
DATE: 08122102
CfIY OF MIAMI BEArn
21
AMENDED
9/17/02
Acknowledgment is hereby made of the following addenda (identified by number) received
since issuance of the Project Manual:
------------------------------------------------------
---------------------------------------------------------------------
.^.ttaet:led is a Iiid Iiond [ ], Cast:l [ ], Maney Order [ ], Unconditional Letter sf Credit [ ],
Treasyrer's Ct:leck [ ], Iiank Drnft [ ], Cashier's Cheek [ ], sr Certified Check [ ]
No. ______ liaRk of ______________________________________ for
the Gym of ____________________________ Osllars ($_______).
The Bidder shall acknowledge this bid by signing and completing the spaces provided below.
Name of Bidder: ________________________________________
City/State/Zip:
-----------------------------------
---------------------------------------
Telephone No.:
Social Security
No. or Federal Dun and
I.D.No.:_________________ Bradstreet No.:
(if applicable)
If a partnership, names and addresses of partners:
------------------------------------------------
-------------------------------------------------
---------------------------------------------------------------------
BID NO: 76-01102
DATE: 08l22I02
CITY OFMlAMl BEArn
22
AMENDED
9/17102
(Sian below if not incorporated)
WITNESSES:
-------------------
--------------------------
(Sian below if incorporated)
ATTEST:
--------------------------
Secretary
(CORPORATE SEAL)
(Type or Print Name of Bidder)
----------------------------
(Signature)
---------------------------
(Type or Print Name Signed Above)
------------------------------
(Type or Print Name of Corporation)
----------------------------
(Signature and Title)
---------------------------
(Type or Print Name Signed Above)
-------------------------
Incorporated under the laws of the State of:
BID NO: 76-01/02
DATE: 08122/02
C1'IY OF MIAMI BEAOI
23
AMENDED
9/17/lf1.
NOTICE TO USING DEPARTMENT(S) AND CONSULTANTS
Any deviations from City of Miami Beach Standard Form Construction Contract
Documents or any conflicts between the Technical Specifications, or the Supplementary
Conditions and these Documents must be submitted in writing to the City's Procurement
Director and to the Office of the City Attorney for approval prior to the public notice of
the Invitation for Bid. All deviations or conflicts with the standard form must be listed by
paragraph number and page number.
() There are no deviations
() There are deviations andlor conflicts per the attached pages 01 through
(Using Department)
(Director)
(Consultant)
Changes approved by:
City Attorney
Procurement Director
Date
Date
BID NO: 76-01102
DATE: 08/22/02
CITY OF MIAMI BEACH
2
TABLE OF CONTENTS
PAGE
NOTICE FOR BI DS......................................................................................................... 7
NO BID NOTIFICATION FORM ...................................................................................10
00100.
00200.
00300.
00400.
00405.
00407.
00410.
00500.
BID NO: 76-01102
DATE: 08/22/02
GENERAL INSTRUCTIONS TO BIDDERS ............................................. 11
DEFIN ITIONS .......................................................................................... 12
INSTRUCTIONS TO BIDDERS ............................................................... 15
1. Examination of Contract Documents and Site............................... 15
2. Pre-Bid Interpretations ..................................................................15
3. Submitting Bids .............................................................................16
4. Printed Form of Bid ....................................................................... 16
5. Bid Guaranty ................................................................................. 16
6. Acceptance or Rejection of Bids ................................................... 16
7. Determination of Award................................................................. 17
8. Evaluation .....................................................................................17
9. Contract Price ...............................................................................17
10. Postponement of Date for Presenting and Opening of Bids.......... 17
11. Qualifications of Bidders ............................................................... 18
12. Addenda and Modifications........................................................... 18
13. Prevailing Wage Rates.................................................................. 18
14. Occupational Health and Safety.................................................... 18
15. Environmental Regulations ........................................................... 19
16. "Or Equal" Clause ......................................................................... 19
17. Protested Solicitation and Award .................................................. 20
18. Financial Stability and Strength..................................................... 20
BIDfTENDER FORM................................................................................ 21
CITY OF MIAMI BEACH LICENSES. PERMITS AND FEES................... 24
SCHEDULE OF PRICES BID .................................................................. 25
BID GUARANTY FORM
UNCONDITIONAL LETTER OF CREDIT ................................................ 26
SUPPLEMENT TO BIDfTENDER FORM
QUESTIONNAIRE................................................ ................................... 28
CITY OF MIAMI BEACH
3
00520.
00530.
00540.
00550.
00600.
00708.
00710.
00720.
00721.
00735.
00800.
TABLE OF CONTENTS
(Continued)
SUPPLEMENT TO BID/TENDER FORM
NON-COLLUSION CERTIFICATE ..........................................................34
SUPPLEMENT TO BID/TENDER FORM
DRUG FREE WORKPLACE CERTIFICATION ....................................... 35
SUPPLEMENT TO BID/TENDER FORM
TRENCH SAFETY ACT .......... ..... ......... .... .......... ......... ............................ 37
RECYCLED CONTENT INFORMATION ................................................. 39
CONTRACT............................................................................................. 40
FORM CERTIFICATE OF INSURANCE.................................................. 49
FORM OF PERFORMANCE BOND ........................................................ 50
FORM OF PAYMENT BOND................................................................... 53
CERTIFICATE AS TO CORPORATE PRINCIPAL .................................. 56
PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL LETTER OF CREDIT ................................................ 57
GENERAL CONDITIONS ........................................................................59
1. Project Manual.............................................................................. 59
2. Intention of City............................................................................. 59
3. Preliminary Matters ....................................................................... 60
4. Performance Bond and Payment Bond......................................... 61
5. Qualification of Surety ...................................................................62
6. Indemnification.............................................................................. 64
7. Insurance Requirements............................................................... 64
8. Labor and Materials ......................................................................67
9. Royalties and Patents ................................................................... 68
10. Weather .. ............... .,. ...................... ...... ... ..................................... 68
11. Permits, Licenses and Impact Fees .............................................. 68
BID NO: 76-01102 CITY OF MIAMI BEACH
DATE: 08/22/02 4
TABLE OF CONTENTS
(Continued)
12. Resolution of Disputes .................................................................. 69
13. Inspection of Work ........................................................................70
14. Superintendence and Supervision ................................................ 70
15. City's Right to Terminate Contract ................................................ 72
16. Contractor's Right to Stop Work or
Terminate Contract ....... ... ... ....... .......................... ... ...................... 73
17. Assignment ................................................................................... 73
18. Rights of Various Interests ............................................................ 74
19. Differing Site Conditions................................................................ 74
20. Plans and Working Drawings ........................................................ 75
21. Contractor to Check Plans,
Specifications, and Data ...............................................................75
22. Contractor's Responsibility for
Damages and Accidents ............................................................... 75
23. Warranty..... ......... ......... ........... ......... ............................................ 75
24. Supplementary Drawings .............................................................. 76
25. Defective Work..... ............ ............... ............. ............. .................... 76
26. Taxes ............................................................................................ 77
27. Subcontracts ... .............. .............. ...... .... ... .............. ....................... 77
28. Separate Contracts ....................................................................... 77
29. Use of Completed Portions ........................................................... 78
30. Lands for Work.............................................................................. 79
31. Legal Restrictions and Traffic Provisions ...................................... 79
32. Location and Damage to Existing
Facilities. Equipment or Utilities .................................................... 80
33. Value Engineering. .............. ................................ .......................... 81
34. Continuing the Work...................................................................... 81
35. Changes in the Work or Terms
of Contract Documents ................................................................. 81
36. Field Orders and Supplemental Instructions ................................. 82
37. Change Orders.......... ...... ....... ... .............................. ...................... 82
38. Value of Change Order Work........................................................ 85
39. Notification and Claim for Change of
Contract Time or Contract Price.................................................... 88
40. No Damages for Delay.................................................................. 88
41. Excusable Delay; Compensable;
Non-Compensable........................................................................ 89
42. Substantial Completion ................................................................. 90
43. No Interest .................................................................................... 90
44. Shop Drawings ..... .... ........... .......................................................... 91
BID NO: 76-01/02 CITY OF MIAMI BEACH
DATE: 08/22/02 5
00900.
00920.
00922.
00923.
00925.
00926.
00930.
00950.
01000.
02000.
03000.
04000.
05000.
06000
TABLE OF CONTENTS
(Continued)
45. Assignment. .................................................................................. 92
46. Safety and Protection.................................................................... 93
47. Final Bill of Materials ..................................................................... 94
48. Payment by City for Tests ............................................................. 94
49. Project Sign .............. .... ...... ................... .... ... .................................94
50. Hurricane Precautions................................................................... 94
51. Cleaning Up; City's Right to Clean Up........................................... 95
52. Removal of Equipment.................................................................. 95
53. Nondiscrimination, Equal Employment Opportunity,
and Americans with Disabilities Act............................................... 95
54. Project Records........ .......... ........... .... ............................................ 96
SUPPLEMENTARY CONDITIONS .................. ... ........... .......................... 97
ADDITIONAL ARTICLES .............. ..... ...... .................. ..............................98
1. Prevailing Wage Rate Ordinance .................................................. 98
2. Federal Grant Projects.................................................................. 98
STATEMENT OF COMPLIANCE
(PREVAILING WAGE RATE ORDINANCE NO. 83-72)........................... 99
STATEMENT OF COMPLIANCE
(DAVIS BACON ACT) ......... ..... ............................ .............. ................ .... 100
CERTIFICATE OF SUBSTANTIAL COMPLETION ............................... 101
FINAL CERTIFICATE OF PAYMENT ....................................................103
FORM OF FINAL RECEIPT................................................................... 104
DRAWINGS INDEX ............................................................................... 106
ADDENDA AND MODIFICATIONS ....................................................... 107
TECHNICAL SPECIFICATIONS............................................................ 10 8
BID PROPOSAL FORM......................................................................... 110
ACKNOWLEDGEMENT OF ADDENDA................................................ 112
CUSTOMER REFERENCE LISTING .................................................... 113
ORDINANCES; LOBBYISTS, CONE OF SILENCE, DEBARMENT, CODE
OF BUSINESS ETHICS, PROTESTED SOLICITATION AWARD,
LOBBYIST FEE DISCLOSURE ............................................................ 115
BID NO: 76-01102
DATE: 08/22/02
CITY OF MIAMI BEACH
6
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
htto:\\ci.miami -beach.fl. us
m
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
INVITATION TO BID NO. 76-01/02
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 20th day of September 2002 for:
HVAC RENOVATIONS FOR THE 10TH STREET
OCEAN FRONT AUDITORIUM
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 HVAC Renovations at the 10th Street Ocean Front Auditorium.
Contractor shall remove two existing air conditioning units located in the second floor
mechanical room. All existing support steel frames shall be removed. Contractor shall
furnish and install one new air conditioning unit, support frames, duct work, canvas
connectors, controls, electrical, plumbing, duct smoke detectors, engineering drawings
and be licensed to pull all permits necessary to successfully complete the work.
Estimated Budget: $140,000.00
Minimum Requirements: Prospective Bidders must have a minimum of 3 years
experience in HVAC Renovations and submit a minimum of four separate completed
project references, each with $50,000.00 or higher in construction work. The Contractor
must have required licenses in order to obtain all required permits for the completion of
the project.
Bid Guarantv: A Bid Guaranty is not required, however the successful Bidder
executing the Contract will be required to provide the Performance and Payment Bonds
in the amount of one-hundred percent (100%) of the contract amount, and evidence of
required insurance within fifteen (15) calendar days after notification of award of the
Contract.
At time, date, and place above, bids will be publicly opened. Any bids or proposals
received after time and date specified will be returned to the bidder unopened. The
responsibility for submitting a bid/proposal before the stated time and date is solely and
strictly the responsibility of the bidder/proposer. The city is not responsible for delays
caused by mail, courier service, including U.S. Mail, or any other occurrence.
BID NO: 76-01102
DATE: 08/22/02
CITY OF MIAMI BEACH
7
A Pre-Bid Conference will be held at 10:00 a.m. on September 6,2002 at the City
of Miami Beach Ocean Front Auditorium, located at Ocean Drive and 10th Street,
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
#763. Subscribing to DemandStar by Onvia's bid notification system is not a
requirement. You will still be able to find bid information and download documents
through the City's website (http://cLmiami-beach.f1.us).FromtheCity'shomepage,click
on E-Government - on line services on the next web page click on Request Bid
Information and Bid Status and follow the instructions.
Any questions or clarifications concerning this Invitation to Bid shall be submitted in
writing by mail or facsimile to the Procurement Department, 1700 Convention Center
Drive, Miami Beach, FL 33139 FAX: (305) 673-7851. The Bid title/number shall be
referenced on all correspondence.
All questions must be received no later than ten (10) calendar days prior to the
scheduled Bid opening date. All responses to questions/clarifications will be sent to all
prospective bidders in the form of an addendum. The City of Miami Beach reserves the
right to accept any proposal or bid deemed to be in the best interest of the City of Miami
Beach, or waive any informality in any proposal or bid. The City of Miami Beach may
reject any and all proposals or bids.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
"CONE OF SILENCE, " IN ACCORDANCE WITH ORDINANCE NO. 99-3164. A
COPY OF ALL WRITTEN 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.
BID NO: 76-01/02
DATE: 08/22/02
CITY OF MIAMI BEACH
8
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
/,/' #-:7
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l.
Gus Lopez, CPPO
Procurement Director
BID NO: 76-01102
DATE: 08/22/02
CITY OF MIAMI BEACH
9
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:\\Ci,miami-beach,fl,us
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
Bid No. 76-01/02
HVAC RENOVATIONS FOR THE 10TH STREET OCEAN
FRONT AUDITORIUM
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 to
be removed form our vendors list.
BID NO: 76-01/02
DATE: 08/22/02
CITY OF MIAMI BEACH
10
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. 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 HV AC Renovations at the 10th Street Ocean Front
Auditorium. Contractor shall remove two existing air conditioning units located in
the second floor mechanical room. All existing support steel frames shall be
removed. Contractor shall furnish and install one new air conditioning unit,
support frames, duct work, canvas connectors, controls, electrical, plumbing,
duct smoke detectors, engineering drawings and be licensed to pull all permits
necessary to successfully complete the work.
3. Location of Work: Ocean Front Auditorium Roof, Ocean Drive and 10th Street,
Miami Beach, Florida 33139.
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: 76-01102
DATE: 08/22/02
CITY OF MIAMI BEACH
11
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: 76-01102 CITY OF MIAMI BEACH
DATE: 08/22/02 12
Commission, the Performance Bond and Payment Bond, the Notice of
Award, the Notice(s) to Proceed, the Purchase Order, Change Orders,
Field Orders, Supplemental Instructions, and any additional documents
the submission of which is required by this Project Manual, are the
documents which are collectively referred to as the Contract
Documents.
1.11. Contract Price: The original amount established in the bid submittal and
award by the City, as may be amended by Change Order.
1.12. Contract Time: The original time between commencement and
completion, including any milestone dates thereof, established in
Article 2 of the Contract, as may be amended by Change Order.
1.13. Contractor: The person, firm, or corporation with whom the City has
contracted and who is responsible for the acceptable performance of
the Work and for the payment of all legal debts pertaining to the Work.
All references in the Contract Documents to third parties under contract
or control of Contractor shall be deemed to be a reference to
Contractor.
1.14. Field Order: A written order which orders minor changes in the Work but
which does not involve a change in the Contract Price or Contract Time.
1.15. Final Completion: The date certified by Consultant in the Final
Certificate of Payment upon which all conditions and requirements of
any permits and regulatory agencies have been satisfied; any
documents required by the Contract Documents have been received by
Consultant; any other documents required to be provided by Contractor
have been received by Consultant; and to the best of Consultant's
knowledge, information and belief the Work defined herein has been
fully completed in accordance with the terms and conditions of the
Contract Documents.
1.16. Inspector: An authorized representative of Consultant or City assigned
to make necessary inspections of materials furnished by Contractor and
of the work performed by Contractor.
1.17. Materials: Materials incorporated in this Project, or used or consumed
in the performance of the Work.
1.18. Notice(s) to Proceed: Written notice to Contractor authorizing the
commencement of the activities identified in the notice or as described
in the Contract Documents.
1.19. Plans and/or Drawings: The official graphic representations of this
Project which are a part of the Project Manual.
BID NO: 76-01102 CITY OF MIAMI BEACH
DATE: 08/22/02 13
1.20.
1.21.
1.22.
1.23.
1.24.
1.25.
1.26.
1.27.
1.28.
BID NO: 76-01102
DATE: 08/22/02
Program Manager: Not Applicable
Project: The construction project described in the Contract Documents,
including the Work described therein.
Project Initiation Date: The date upon which the Contract Time
commences.
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.
Resident Project Representative: An authorized representative of
Consultant or Program Manager assigned to represent Consultant or
Program Manager on the Project.
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.
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.
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.
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.
CITY OF MIAMI BEACH
14
00300. INSTRUCTIONS TO BIDDERS:
1. Examination of Contract Documents and Site: It is the responsibility of each
Bidder before submitting a Bid, to:
1.1. Examine the Contract Documents thoroughly,
1.2. Visit the site or structure to become familiar with conditions that may
affect costs, progress, performance or furnishing of the Work,
1.3. Take into account federal, state and local (City and Miami-Dade
County) laws, regulations, ordinances that may affect costs, progress,
performance, furnishing of the Work, or award,
1.4. Study and carefully correlate Bidder's observations with the Contract
Documents, and
1.5. Carefully review the Contract Documents and notify Consultant of all
conflicts, errors or discrepancies in the Contract Documents of which
Bidder knows or reasonably should have known.
The submission of a Bid shall constitute an incontrovertible representation by
Bidder that Bidder has complied with the above requirements and that without
exception, the Bid is premised upon performing and furnishing the Work required
by the Contract Documents and that the Contract Documents are sufficient in
scope and detail to indicate and convey understanding of all terms and
conditions for performance and furnishing of the Work.
2. Pre-Bid Interpretations: Only questions answered by written Addenda will be
binding. Oral and other interpretations or clarifications will be without legal effect.
All questions about the meaning or intent of the Contract Documents are to be
directed to the City's Procurement Director in writing. Interpretations or
clarifications considered necessary by the City's Procurement Director in
response to such questions will be issued by City by means of Addenda mailed
or delivered to all parties recorded by the City's Procurement Director as having
received the Bidding Documents. Written questions should be received no less
than ten (10) calendar days prior to the date of the opening of Bids. There shall
be no obligation on the part of City or the City's Procurement Director to respond
to questions received less than ten (10) calendar days prior to bid opening.
BID NO: 76-01102
DATE: 08/22/02
CITY OF MIAMI BEACH
15
3. SubmittinQ 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: HVAC RENOVATIONS FOR THE 10TH STREET
OCEAN FRONT AUDITORIUM
BID/CONTRACT NO.: 76-01/02
4. Printed Form of Bid: All bids must be made upon the blank BidlTender Form
included herein and must give the price in strict accordance with the instructions
thereon. The bid must be signed and acknowledged by the Bidder in accordance
with the directions on the bid form.
5. Bid Guaranty: /\11 bids shall be aoooA'lpanied by either an arigiRal ~id bEmd
oxeol:Jted by a surety oompony A'loeting the E1ualifloatians fer sl:Jrety €lomflaRies
os specified in Section 5, General Conditions, or by oash, A'lORey order, oertifled
check, cashier's check, 8id Guomnty Form, Unconditional Letter of CFedit (Forrn
00410), treasl:Jror's oheok or bank draft af aRY national or state baRk (United
States), in the OA'lount of $3,000.00, payable to City of MiaA'li 8eaoh, Florida, and
cORditioRod I:JpOR the suooessful 8idder executiRg the CORtract and pr-o\'iding the
required ORe hundred peroent (100%) Performanoe 80nd and PaYA'lent 8and
and evidenoe of reql:Jired insur-aRoe within fifteen (15) calendar days after
notifioation of award of the Contract. /\ PERSONAL CHECK OR ^ COMPAfl.JY
CHE.CK OF ^ 81DDER SHJ\LL NOT 8E DEEMED ,^. W\UD 81D SeCURITY.
Seourity of the suocessfuI 8idder shall be forfeited to the City of Miami 8each as
Iiquiaated daA'lages, not as a penalty, for the €lost amI eXflense inol:Jrred shauld
said 8idder fail to execute the Contract, provide the required Performance 80na,
Payment 8end and Certifioate(s) of Insl:JraR€le, within fifteen (Hi) calendar days
after notification of the award of the Contraot, or failure to corn ply with any ather
reEluiremeRts set forth herein. The tiA'le for exeol:JtioR of the CORtr-aot and
provision of the Performonoe 80nd, Payment 80nd and Certifloote(s) of
Insuranoe may be extended by the City's ProOl:JreA'leRt Dir-ectar for goad oause
shown. Bia SeoLJrities of the unsucocssful Bidaers will be returned after award of
CeRtrast.
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: 76-01102
DATE: 08/22/02
CITY OF MIAMI BEACH
16
6. Acceptance or Reiection of Bids: The City reserves the right to reject any or all
bids prior to award. Reasonable efforts will be made to either award the Contract
or reject all bids within ninety (90) calendar days after bid opening date. A Bidder
may not withdraw its bid unilaterally nor change the Contract Price before the
expiration of ninety (90) calendar days from the date of bid opening. A Bidder
may withdraw its bid after the expiration of ninety (90) calendar days from the
date of bid opening by delivering written notice of withdrawal to the Purchasing
Division prior to award of the Contract by the City Commission.
7. Determination of Award: The City Commission shall award the contract to the
lowest and best bidder. In determining the lowest and best bidder, in addition to
price, there shall be considered the following:
a. The ability, capacity and skill of the bidder to perform the Contract.
b. Whether the bidder can perform the Contract within the time specified,
without delay or interference.
c. The character, integrity, reputation, judgement, experience and
efficiency of the bidder.
d. The quality of performance of previous contracts.
e. The previous and existing compliance by the bidder with laws and
ordinances relating to the Contract.
8. Evaluation: An interim performance evaluation of the successful Contractor may
be submitted by the Contract Administrator during construction of the Project. A
final performance evaluation shall be submitted when the Request for Final
Payment to the construction contractor is forwarded for approval. In either
situation, the completed evaluation(s) shall be forwarded to the City's
Procurement Director who shall provide a copy to the successful
CONTRACTOR. Said evaluation(s) may be used by the City as a factor in
considering the responsibility of the successful CONTRACTOR for future bids
with the City.
9. Contract Price: The Contract Price is to include the furnishing of all labor,
materials, equipment including tools, services, permit fees, applicable taxes,
overhead and profit for the completion of the Work except as may be otherwise
expressly provided in the Contract Documents. The cost of any item(s) of Work
not covered by a specific Contract unit price or lump sum price shall be included
in the Contract unit price or lump sum price to which the item(s) is most
applicable.
10. Postponement of Date for Presentino and Openino 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: 76-01102
DATE: 08/22/02
CITY OF MIAMI BEACH
17
11. Qualifications of Bidders: Bids shall be considered only from firms normally
engaged in performing the type of work specified within the Contract Documents.
Bidder must have adequate organization, facilities, equipment, and personnel to
ensure prompt and efficient service to City.
In determining a Bidder's responsibility and ability to perform the Contract, City
has the right to investigate and request information concerning the financial
condition, experience record, personnel, equipment, facilities, principal business
location and organization of the Bidder, the Bidder's record with environmental
regulations, and the claims/litigation history of the Bidder.
12. Addenda and Modifications: The City shall make reasonable efforts to issue
addenda within seven (7) calendar days prior to bid opening. All addenda and
other modifications made prior to the time and date of bid opening shall be
issued as separate documents identified as changes to the Project Manual.
13. Prevailina Waae Rates: City of Miami Beach Ordinance No, 94-2960 provides
that in all non-federally funded construction contracts in excess of one million
dollars to which the City of Miami Beach is a party, the rate of wages and fringe
benefits, or cash equivalent, for all laborers, mechanics and apprentices
employed by any contractor or subcontractor on the work covered by the
contract, shall not be less than the prevailing rate of wages and fringe benefit
payments or cash equivalence for similar skills or classifications of work, as
established by the Federal Register, in the City of Miami Beach, Florida. The
provisions of this Ordinance shall not apply to the following projects:
a. water, except water treatment facilities and lift stations;
b. sewer, except sewage treatment facilities and lift stations;
c. storm drainage;
d. road construction, except bridges or structures requiring pilings;
and
e. beautification projects, which may include resurfacing new curbs,
gutters, pavers, sidewalks, landscaping, new lighting, bus shelters,
bus benches and signage.
14. Occupational Health and Safetv: 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: 76-01102
DATE: 08/22/02
CITY OF MIAMI BEACH
18
14.2.2.
The known acute and chronic health effects of risks from
exposure, including the medical conditions which are
generally recognized as being aggravated by exposure to
the toxic substance; and
14.2.3.
The primary routes of entry and symptoms of overexposure.
14.3. The proper precautions, handling practices, necessary personal
protective equipment, and other safety precautions in the use of or
exposure to the toxic substances, including appropriate emergency
treatment in case of overexposure.
14.4. The emergency procedure for spills, fire, disposal, and first aid.
14.5. A description in lay terms of the known specific potential health risks
posed by the toxic substance intended to alert any person reading this
information.
14.6. The year and month, if available, that the information was compiled and
the name, address, and emergency telephone number of the
manufacturer responsible for preparing the information.
15. Environmental Reaulations: The City reserves the right to consider a Bidder's
history of citations and/or violations of environmental regulations in investigating
a Bidder's responsibility, and further reserves the right to declare a Bidder not
responsible if the history of violations warrant such determination in the opinion
of the City. Bidder shall submit with its Bid, a complete history of all citations
and/or violations, notices and dispositions thereof. The nonsubmission of any
such documentation shall be deemed to be an affirmation by the Bidder that
there are no citations or violations. Bidder shall notify the City immediately of
notice of any citation or violation which Bidder may receive after the Bid opening
date and during the time of performance of any contract awarded to it.
16. "Or Eaual" Clause: Whenever a material, article or piece of equipment is
identified in the Contract Documents including plans and specifications by
reference to manufacturers' or vendors' names, trade names, catalog numbers,
or otherwise, City, through Consultant, will have made its best efforts to name at
least three (3) such references. Any such reference is intended merely to
establish a standard; and, unless it is followed by the words "no substitution is
permitted" because of form, fit, function and quality, any material, article, or
equipment of other manufacturers and vendors which will perform or serve the
requirements of the general design will be considered equally acceptable
provided the materials, article or equipment so proposed is, in the sole opinion of
Consultant, equal in substance, quality and function.
BID NO: 76-01102
DATE: 08/22/02
CITY OF MIAMI BEACH
19
ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S
PROCUREMENT DIRECTOR, WHO SHALL FORWARD SAME TO
CONSULTANT.
17. Protested Solicitation 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: 76-01102
DATE: 08/22/02
CITY OF MIAMI BEACH
20
00400. BIDrrENDER FORM:
Submitted:
11/01/02
Date
City of Miami Beach, Florida
1700 Convention Center Drive
Miami Beach, Florida 33139
The undersigned, as Bidder, hereby declares that the only persons Interested in this bid as
principal are named herein and that no person other than herein mentioned has any interest
in this bid or in the Contract to be entered into; that this bid is made without connection with
any other person, firm, or parties making a bid; and that it is, in all respects, made fairly and
in good faith without collusion or fraud.
The Bidder further declares that it has examined the site of the Work and informed itself fully
of all conditions pertaining to the place where the Work is to be done; that it has examined the
Contract Documents and all addenda thereto furnished before the opening of the bids, as
acknowledged below; and that it has satisfied itself about the Work to be performed; aRE! that
it Aas swbFRit:teE! tt:le reEtYireE! 8ig GYamRt}~ and all other required information with the bid; and
that this bid is submitted voluntarily and willingly.
The Bidder agrees, if this bid is accepted, to contract with the City, a political subdivision of
the State of Florida, pursuant to the terms and conditions of the Contract Documents and to
fumish all necessary materials, equipment, machinery, tools, apparatus, means of
transportation, and all labor necessary to construct and complete within the time limits
specified the Work covered by the Contract Documents for the Project entitled:
The Bidder also agrees to fumish the required Performance Bond and Payment Bond or
alternative form of security, if permitted by the City, each for not less than the total bid price
plus alternates, if any, and to furnish the required Certificate(s) of Insurance.
The YR98AiligAeEl fwr#ler agrees that tt:le big gwaraRly aGG9FRpaRyiR(!I tAe big &l:Iall De f91:f8ite9
if iil:tE!er fails te 8*8ElYte saiE! CeAtFaEli, er fails te fi:lFRisl:l tAe reqwiree PeFf9Fmanse ienE! anE!
PaYFReRt geRE! or fails ta fWFAisR tRe reEtwireE! CeFlifieate(&) af IASl:IFaRSe ':JitAiR fifteeA (1fi)
ealenE!ar says after being natifielil af 'Ae awarE! at \Ae CaRtmEll.
In the event of arithmetical errors, the Bidder agrees that these errors are errors which may be
corrected by the City. In the event of a discrepancy between the price bid in figures and the
price bid in words, the price in words shall govern. Bidder agrees that any unit price listed in
the bid is to be multiplied by the stated quantity requirements in order to arrive at the total.
BID NO: 76-0lJII2
DATE: DIIIUJ02
CfIY OF MIAMI BEACH
21
AMENDED
1)/17101
Acknowledgment is hereby made of the following addenda (identified by number) received
since issuance of the Project Manual:
Addenda #1 - 5
:\ttaehed is a aid 8ElRd [ ], Cash [ ], MeRey OFEIer [ ], UR6ElRditieRal letter Elf Credit [ ],
Treaswr:er's Chesk [ ], 8aAk Draft [ ], Cashier's CResk [ ], or Certifies CReek [ )
Ne. ____ 8aAk sf ___ ___________ for
the SI:lFl'l ef
DellsFS ($
).
The Bidder shall acknowledge this bid by signing and completing the spaces provided below_
Name of Bidder:
FXP CORP
City/State/Zip:
MIAMI, FL 33155
Telephone No.:
(305) 267-7748
Social Security
No. or Federal
I.D.No.: 65-062~.!30__
Dun and
Bradstreet No.:
N/A
(if applicable)
If a partnership, names and addresses of partners:
BID NO: 76-01101
DATE: 0llI12I02
CJIY OF MIAMI BEACH
22
AMENDED
9117102
(Sion below if not incorporated)
WITNESSES:
(Sian below if incorporated)
2x~__
Secretary
(CORPORATE SEAL)
-
(Type or Print Name of Bidder)
(Signature)
(Type or Print Name Signed Above)
FXP CORP
(Type or Print Na",:!~rporation)
--/-;/
, /fJP'
, ,
X. PEREZ
(Type or Print Name Signed Above)
Incorporated under the laws of the State of: FLORIDA
BID NO: 76-01/82
DATE: GlIIZ2/82
Cl1Y OF MIAMI BEACH
13
AMENDED
9117102
00405. CITY OF MIAMI BEACH LICENSES. PERMITS AND FEES:
Pursuant to the Public Bid Disclosure Act, each license, permit or fee a Contractor will
have to pay the City before or during construction or the percentage method or unit
method of all licenses, permits and fees REQUIRED BY THE CITY AND PAYABLE TO
THE CITY by virtue of this construction as part of the Contract is as follows:
The prospective bidder (General Contractor) must have a valid State of Florida
General Contractor's License.
LICENSES, PERMITS AND FEES WHICH MAY BE REQUIRED BY MIAMI-DADE
COUNTY THE STATE OF FLORIDA, OR OTHER GOVERNMENTAL ENTITIES ARE
NOT INCLUDED IN THE ABOVE LIST.
1. Occupational licenses from City of Miami Beach firms will be required to be
submitted within fifteen (15) days of notification of intent to award.
2. Occupational licenses will be required pursuant to Chapter 205.065 Florida
Statutes.
NOTE: a} If the contractor is a State of Florida Certified Contractor the
followinQ will be reauired:
1) Copy of State Contractors Certification
2) Place of Business Occupational LIcense
3) liability and Property Damage Insurance Certificate made to City
of Miami Beach
4) Workers compensation or the exemption
b} If a Dade County Licensed Contractor:
1) Dade Certificate of Competency in the Discipline Licensed
2) Municipal Contractors Occupational License
3) Liability and Property damage Insurance
4) Workers Compensation or the exemption
NOTE: PLEASE PROVIDE COPIES OF ALL YOUR LICENSES AND
CORPORATE CERTIFICATES WITH YOUR BID RESPONSE
BID NO: 76-01102
DATE: 08/22/02
CITY OF MIAMI BEACH
24
00407. SCHEDULE OF PRICES BID:
Consideration for Indemnification of CITY
$25.00
[] Cost for compliance to all Federal and State requirements
of the Trench Safety Act*
[NOTE: If the brackets are checked or marked, the Bidder must fill out the
Trench Safety Act sheet, Page 38, Section 00540, to be considered
responsive.]
BID NO: 76-01102
DATE: 08/22/02
CITY OF MIAMI BEACH
25
00410. DID GU/\RANTY FORM
UNCONDITIONAL LE.TTER OF CREDIT:
Date €If Iss~e
Issl:lin€l BaRk's Na.
BGnefioiarv:
AeEJlicant:
~i~oo~~~~~:a~ .
. on enter Dn'Ie
Miami BeaeR, Flariela JJ1J9
/\meUAt:
iR United States Fl:Inds
ExpiriRg:
(Date)
Bis/CORtraet Number
We hereby al:ltRerize YOl:l te sm'^" OR
(BaRk, Issuer name)
by eraer af aAs for tRe aooal:lnt
at
(braneR adelress)
of
(eeFltFaoter, ap~IiElaAt, El~stomer)
up to an aggregate amount, in United Statos FURSS, of
available by YOl:lr elrafts at sight, aCElompaRied by:
1.
~ ~~g~:~ c::meRt fr~m the City Mana~er .of the City af Mi~mi Beach, ~ h~
u 0 I a resentatlve, that the drav.'lng IS a~e to defa~lt 11'1 performaAee at
obligatioRs an the part of
agreed u~on by and
(ooAtr-aGtor, a~pIiElaAt, o~stamer)
betweoA City of Miami Beaoh, Florida and
(OoRtFaEltar, ap~IiElaAt, eustamer)
pursuant to the Bid/Cantraet No. for
(name of pr-eject)
DFafts m~st be elrawR oAa negatiateel Ret later than
(expiratioA date)
Drafts mLlst bear the olal:lse: "Drawn uReler Letter of Creelit Ne.
at ~~
(BaRk name)
BID NO: 76-01102
DATE: 08/22/02
CITY OF MIAMI BEACH
26
This Lettor of Cresit sets forth in fl:J1I terR'lS of ol,lr I,lnsertakiAQ, ans SI,lC'" unsertakiAQ
shall not in any way bo R'losifies, aR'lended, er amplified by reference te aAY SOCl:lments,
instruR'lent, or a€lr.eeR'leAt referreEl to l:1erein or te 'J.'hich this Letter ef Credit is referres or
this Letter ef Credit relates, and any such reference shall not be deeR'leEl to iru:,el'J3er-ate
herein by r.eference any decuR'lent, instn;lR'lent, or agreeR'lent.
We heFeby agree with the dmwers, ensorsers, ans bona fide holders of all smfts smlt:n
unser and in compliance with the terR'lS of this Letter of Credit that sl:lch Grafts will be
duly henored I,lpon presentation to the sm'.vee.
The m<ecl,ltion at the Contract aAd tl:1e subR'lissioA of the requir:ed PenerR'lance and
PaYR'lent Gl,lamnty anslnsur-ance Certificate by the
(contr-actor, applicant, cl,lstemer)
shall Be a release of all obli€latiens.
This Letter of Cresit is subject te the "UAif€lrm CusteR'lS aAs Pr-actice fer Docl,lR'leRtary
Credits," InterAational Chamber of ComR'lorce (199a revision), Pl,lblicatien No. aQO and
to the pr.evisions of Florida low. If 0 c8nfliGt between the UniforR'l Custems ans PmGtice
for Docl,lmentary Cresits anEl Flerida law shol,lld arise, Flerida la',,: shall prevail. If a
conflict DeWo'con the la..... of another state or ceuntry and Florida la +'/.' Ghol,lld arise,
Florida 10'11 shall prcl':ail.
Autherized Si€lnatur-e
BID NO: 76-01102
DATE: 08/22/02
CITY OF MIAMI BEACH
27
00500. SUPPLEMENT TO BID/TENDER FORM:
THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE BID,
HOWEVER, ANY ADDITIONAL INFORMATION NOT INCLUDED IN THE
SUBMITTED FORM AS DETERMINED IN THE SOLE DISCRETION OF
THE CITY, SHALL BE SUBMITTED WITHIN SEVEN (7) CALENDAR DAYS
OF THE CITY'S REQUEST.
QUESTIONNAIRE
The undersigned authorized representative of the Bidder certifies the truth and accuracy
of all statements and the answers contained herein.
1. How many years has your organization been in business while possessing one of
the licenses, certifications, or registrations specified in Section 00405?
L1cense/Certification#lRegistration# # Years
MECHANICAL CONTRACTOR CM-C057078 6 yrs
ENGINEER LICENSE 45968 6 yrs
1A. What business are you in? MECHANICAL CONTRACTING & ENGINEERING
2. What is the last project of this nature that you have completed?
FlU REPLACEMENT OF 1000 TON CHILLER & COOLING TOWERS
FOR $287,000.00
3. Have you ever failed to complete any work awarded to you? If so, where and
why?
NO
3A. Give owner names, addresses and telephone numbers, and surety and project
names, for all projects for which you have performed work, where your surety
has intervened to assist in completion of the project, whether or not a claim was
made. N/A
BID NO: 76-01/02
DATE: 08122102
CITY OF MIAMI BEACH
28
4. Give names, addresses and telephone numbers of three individuals, corporations,
agencies, or institutions for which you have performed work:
4.1.
WILLIAM POWER UNIVERSITY
(name) (address)
ALDO FERRERA 1804 MADRID
PARK CAMPUS (305) 348-4667
(phone #)
WAY (561) 338-2160
4.2.
(name)
(address)
(phone #)
4.3. WALTER WADSWORTH 2100 N ANDREWS AVE EXT (954) 974-3262
(name) (address) (phone #)
5. List the following information conceming all contracts in progress as of the date of
submission of this bid. (In case of co-venture, list the information for all
co-venturers. )
OWNER &
PHONE #
TOTAL DATE OF
CONTRACT COMPLETION
VALUE PER CONTRACT
%OF
COMPLETION
TO DATE
NAME OF
PROJECT
SEE ATTACHMENT "A"
(Continue list on insert sheet, if necessary.)
6. Has a representative of the Bidder completely inspected the proposed project and
does the Bidder have a complete plan for its performance?
YES
7. Will you subcontract any part of this work? If so, give details including a list of
each subcontractor(s) that will perform work in excess of ten percent (10%) of the
contract amount, the approximate percentage, and the work that will be performed
by each such subcontractor(s). Include the name of the subcontractor(s) and the
approximate percentage of work.
YES; THE ELECTRICAL WORK WILL BE SUBCONTRACTED TO
AGC ELECTRIC (20%).
BID NO: 76-01102
DATE: 08112102
CITY OF MIAMI BEACH
29
The foregoing list of subcontractor(s) may not be amended after award of the
Contract without the prior written approval of the Contract Administrator, whose
approval shall not be unreasonably withheld.
8. What equipment do you own that is available for the work?
WELDING MACHINES, PIPE THREADING MACHINE, SHEET
METAL TOOLS, WRENCHES, ETC.
9. What equipment will you purchase for the proposed work?
N/A
10. What equipment will you rent for the proposed work?
CRANE
11. State the name of your proposed project manager and superintendent and give
details of his or her qualifications and experience in managing similar work.
PROJECT MANAGFR - FRANCISCO X. PEREZ (see attached resume)
SUPERINTENDENT PABLO JIMENEZ (see attached resume)
BID NO: 76-01/02 CITY OF MIAMI BEACH
DATE: 08122102 30
12. State the true, exact, correct and complete name of the partnership, corporation
or trade name under which you do business and the address of the place of
business. (If a corporation, state the name of the president and secretary. If a
partnership, state the names of all partners. If a trade name, state the names of
the individuals who do business under the trade name).
12.1 The correct name of the Bidder is FXP CORP
12.2 The business is a (Sole Proprietorship) (Partnership) (Corporation).
CORPORATION
12.3 The address of principal place of business is
2897 SW 69 COURT, MIAMI, FL 33155
12.4 The names of the corporate officers, or partners, or individuals doing
business under a trade name, are as follows:
FRANCISCO X. PEREZ - PRESIDENT
12.5 List all organizations which were predecessors to Bidder or in which the
principals or officers of the Bidder were principals or officers.
N/A
BID NO: 76-01/02 CITY OF MIAMI BEACH
DATE: 08122102 31
12.6. List and describe all bankruptcy petitions (voluntary or involuntary) which
have been filed by or against the Bidder, its parent or subsidiaries or
predecessor organizations during the past five (5) years. Include in the
description the disposition of each such petition.
M/A
12.7. List and describe all successful Performance or Payment Bond claims
made to your surety(ies) during the last five (5) years. The list and
descriptions should include claims against the bond of the Bidder and its
predecessor organization(s).
N/A
12.8 List all claims, arbitrations, administrative hearings and lawsuits brought
by or against the Bidder or its predecessor organization(s) during the last
five (5) years. The list shall include all case names; case, arbitration or
hearing identification numbers; the name of the project over which the
dispute arose; a description of the subject matter of the dispute; and the
final outcome of the claim.
N/A
BID NO: 76-01/02
DATE: 81122102
CITY OF MIAMI BEACH
32
12.9. List and describe all criminal proceedings or hearings concerning
business related offenses in which the Bidder, its principals or officers or
predecessor organization(s) were defendants.
N/A
12.10. Has the Bidder, its principals, officers or predecessor organization(s)
been debarred or suspended from bidding by any government during the
last five (5) years? If yes, provide details.
N/A
12.11. Under what conditions does the Bidder request Change Orders.
1. Owner requested changes not included in scope
of work. 2. Requirements by Building Dept. not
previously discussed during the pre-bid process.
3. Unforeseen conditions not clearly evident during
the two (2) site visits.
aID NO: 76-01/02
DATE: 08122/02
CITY OF MIAMI BEACH
33
SUPPLEMENT TO BID/TENDER FORM
NON-COLLUSION CERTIFICATE
00520.
THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO
BE DEEMED RESPONSIBLE.
Submitted this 1
day of November
,2002.
The undersigned, as Bidder, declares that the only persons interested in this Bid are
named herein; that no other person has any interest in this Bid or in the Contract to
which this Bid pertains; that this Bid is made without connection or arrangement with any
other person; and that this Bid is in every respect fair and made in good faith, without
collusion or fraud.
The Bidder agrees if this Bid is accepted. to execute an appropriate City of Miami Beach
document for the purpose of establishing a formal contractual relationship between the
Bidder and the City of Miami Beach, Florida, for the performance of all requirements to
which the Bid pertains.
The Bidder states th t' Id is based upon the documents identified by the following
number: Bid No. 76 1
PEREZ
PRESIDENT
TITLE <IF CORPORATION)
BID NO: 76-01/02
DATE: 08122102
CITY OF MIAMI BEACH
34
00530. SUPPLEMENT TO BIOITENDER FORM
DRUG FREE WORKPLACE CERTIFICATION
THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO
BE DEEMED RESPONSIBLE.
The undersigned Bidder hereby certified that it will provide a drug-free workplace
program by:
(1) Publishing a statement notifying its employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in
the offeror's workplace, and specifying the actions that will be taken against
employees for violations of such prohibition;
(2) Establishing a continuing drug-free awareness program to inform its employees
about:
(i) The dangers of drug abuse in the workplace;
(ii) The Bidder's policy of maintaining a drug-free workplace;
(iii) Any available drug counseling, rehabilitation, and employee assistance
programs; and
(iv) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
(3) Giving all employees engaged in performance of the Contract a copy of the
statement required by subparagraph (1);
(4) Notifying all employees, in writing, of the statement required by subparagraph (1),
that as a condition of employment on a covered Contract, the employee shall:
(i) Abide by the terms of the statement; and
(ii) Notify the employer in writing of the employee's conviction under a criminal
drug statute for a violation occurring in the workplace no later than five (5)
calendar days after such conviction;
(5) Notifying the City in writing within ten (10) calendar days after receiving notice under
subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of
such conviction. The notice shall include the position title of the employee;
BID NO: 76-411/02
DATE: 08IZ2101
CITY OF MIAMI BEACH
35
(6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a
conviction, taking one of the following actions with respect to an employee who is
convicted of a drug abuse violation occurring in the workplace:
(i) Taking appropriate personnel action against such employee, up to and
including termination; or
(ii) Requiring such employee to participate satisfactorily in a drug abuse assistance
or rehabilitation program approved for such purposes by a federal, state, or
local health, law enforcement, or other appropriate agency; and
(7) Making a good faith effort to maintain a drug-free workp, ce r
implementation of subparagraphs(1) through (6). /
P
(Pri
STATE OF FLORIDA
COUNTY OF MIAMI DADE
The foregoing instrument was acknowledged before me this 1 day of
NOVEMBER ,2002,by FRANCISCO X. PEREZ as
(name of person whose signature is being notarized)
(title) of FXP CORP ,
(name of corporation/company)
known to me to be the person described herein, or who produced
identification, and who did/did not take an oath.
PRESIDENT
as
NOTARY PUBLIC:
.
DELILAH ALVAREZ
(Print Name)
~ DELilAH ALVf,REZ
--\ NoiI!ry ?v,Jilt . SIlr!8 0: r.lorid.I
i!. 'I ~ ':i!llr CGmm, ~... May Tr, 200lI
'S ~ ,,_....
~ $:3J.."i COoTl!\:mcn iI [)D WI.?&
"'~J;.:~~~:l\'" Bonded lit N~i1onm Notary Ann.
My commission expires:
BID NO: 76-01102
DATE: 08112/02
CITY OF MIAMI BEACH
36
00540. SUPPLEMENT TO BID/TENDER FORM
TRENCH SAFETY ACT
IF APPLICABLE, THIS FORM MUST BE SUBMITTED WITH BID FOR BID
TO BE DEEMED RESPONSIVE. (SEE SECTION 00407)
On October 1, 1990 House Bill 3181, known as the Trench Safety Act became law. This
incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety
standards, citation 29 CFR.S.1926.650, as Florida's own standards.
The Bidder, by virtue of the signature below, affirms that the Bidder is aware of this Act, and will
comply with all applicable trench safety standards. Such assurance shall be legally binding on
all persons employed by the Bidder and subcontractors.
The Bidder is also obligated to identify the anticipated method and cost of compliance with the
applicable trench safety standards.
BIDDER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PROPOSAL
AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA
TRENCH SAFETY ACT. THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS
INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE
CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED
ADDITIONAL WORK.
The Bidder further identified the costs and methods summarized below:
Description
Unit
Quantity
Price
Unit
Price
Extended
Method
Total $
BID NO: 76-01102
DATE: 08/22/02
CITY OF MIAMI BEACH
37
IN ORDER TO BE CONSIDERED RESPONSIVE. THE BIDDER MUST COMPLETE*
THIS FORM. SIGN AND SUBMIT IT WITH ITS BID DOCUMENT.
Name of Bidder
Authorized Signature of Bidder
*COMPLETION REQUIRES FILLING IN THE APPROPRIATE DETAILS UNDER THE
HEADINGS. Le.. DESCRIPTION. UNIT. QUANTITY PRICE. UNIT PRICE.
EXTENDED. AND METHOD.
BID NO: 76-01102
DATE: 08/22/02
CITY OF MIAMI BEACH
38
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: 76-01102
DATE: 08/22/02
CITY OF MIAMI BEACH
39
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
FXP Corp. ' hereinafter referred to as
CONTRACTOR.
WIT N E SSE T H, that CONTRACTOR and CITY, for the considerations
hereinafter named, agree as follows:
ARTICLE 1
SCOPE OF WORK
CONTRACTOR hereby agrees to furnish all of the labor, materials, equipment
services and incidentals necessary to perform all of the work described in the Contract
Documents and related thereto for the Project.
ARTICLE 2
CONTRACT TIME
2.1 CONTRACTOR shall be instructed to commence the Work by written instructions
in the form of a Standing Order issued by the City's Procurement Director and a
Notice to Proceed issued by the Contract Administrator. Two (2) Notices to
Proceed will be issued for this Contract. CONTRACTOR shall commence
scheduling activities, permit applications and other preconstruction work within
five (5) calendar days after the Project Initiation Date, which shall be the same as
the date of the first Notice to Proceed. The first Notice to Proceed and Purchase
Order will not be issued until CONTRACTOR's submission to CITY of all required
documents(including but limited to: Payment and Performance Bonds, and
Insurance Certificate) and after execution of the Contract by both parties.
2.1.1. The receipt of all necessary permits by CONTRACTOR and acceptance
of the full progress schedule in accordance with technical specifications
section, submittal schedule and schedule of values is a condition
precedent to the issuance of a second Notice to Proceed to mobilize on
the Project site and commence with physical construction of the work.
The CONTRACTOR shall submit all necessary documents required by
this provision within fifteen (15) calendar days of the issuance of the first
Notice to Proceed.
BID NO: 76-01102 CITY OF MIAMI BEACH
DATE: 08/22/02 40
2.2 Time is of the essence throughout this Contract. This project shall be
substantially completed within Fifteen (15) calendar days from the issuance of
the second Notice to Proceed, and completed and ready for final payment in
accordance with Article 5 within seven (7) calendar days from the date certified
by CONSULTANT as the date of Substantial Completion.
2.3 Upon failure of CONTRACTOR to substantially complete the Contract within the
specified period of time, plus approved time extensions, CONTRACTOR shall
pay to CITY the sum of Two-Hundred Dollars ($200.00) for each calendar day
after the time specified in Section 2.2 above, plus any approved time extensions,
for Substantial Completion. After Substantial Completion should CONTRACTOR
fail to complete the remaining work within the time specified in Section 2.2 above,
plus approved time extensions thereof, for completion and readiness for final
payment, CONTRACTOR shall pay to CITY the sum of Two-Hundred Dollars
($200.00) for each calendar day after the time specified in Section 2.2 above,
plus any approved extensions, for completion and readiness for final payment.
These amounts are not penalties but are liquidated damages to CITY for its
inability to obtain full beneficial occupancy and/or use of the Project. Liquidated
damages are hereby fixed and agreed upon between the parties, recognizing the
impossibility of precisely ascertaining the amount of damages that will be
sustained by CITY as a consequence of such delay, and both parties desiring to
obviate any question of dispute concerning the amount of said damages and the
cost and effect of the failure of CONTRACTOR to complete the Contract on time.
The above-stated liquidated damages shall apply separately to each portion of
the Project for which a time for completion is given.
2.4 CITY is authorized to deduct liquidated damages from monies due to
CONTRACTOR for the Work under this Contract or as much thereof as CITY
may, in its sole discretion, deem just and reasonable.
2.5 CONTRACTOR shall be responsible for reimbursing CITY, in addition to
liquidated damages, for all costs incurred by CONSULTANT in administering the
construction of the Project beyond the completion date specified above, plus
approved time extensions. CONSULTANT construction administration costs
shall be pursuant to the contract between CITY and CONSULTANT, a copy of
which is available upon request of the Contract Administrator. All such costs
shall be deducted from the monies due CONTRACTOR for performance of Work
under this Contract by means of unilateral credit change orders issued by CITY
as costs are incurred by CONSULTANT and agreed to by CITY.
BID NO: 76-01102
DATE: 08/22/02
CITY OF MIAMI BEACH
41
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 CONSULTANT as
BID NO: 76-01/02
DATE: 08/22/02
CITY OF MIAMI BEACH
42
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: 76-01102
DATE: 08/22/02
CITY OF MIAMI BEACH
43
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: 76-01102
DATE: 08/22/02
CITY OF MIAMI BEACH
44
6.2 Where there is a conflict between any provision set forth within the Contract
Documents and a more stringent state or federal provision which is applicable to
this Project, the more stringent state or federal provision shall prevail.
6.3 Public Entitv Crimes
In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a
person or affiliate who is a contractor, consultant or other provider, who has been
placed on the convicted vendor list following a conviction for a public entity crime
may not submit a bid on a contract to provide any goods or services to the CITY,
may not submit a bid on a contract with the CITY for the construction or repair of
a public building or public work, may not submit bids on leases of real property to
the CITY, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with the CITY, and may not
transact any business with the CITY in excess of the threshold amount provided
in Section 287.017, Florida Statutes, for category two purchases for a period of
36 months from the date of being placed on the convicted vendor list. Violation
of this section by Contractor shall result in cancellation of the CITY purchase and
may result in Contractor debarment.
6.4 Independent Contractor
CONTRACTOR is an independent contractor under this Contract. Services
provided by CONTRACTOR pursuant to this Contract shall be subject to the
supervision of CONTRACTOR. In providing such services, neither
CONTRACTOR nor its agents shall act as officers, employees, or agents of the
CITY. This Contract shall not constitute or make the parties a partnership or joint
venture.
6.5 Third 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: 76-01102
DATE: 08/22/02
CITY OF MIAMI BEACH
45
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 LODez. Procurement Director
With copies to:
City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
For Contractor:
FXP CorDoration
2897 SW 69 Court
Miami. Florida 33155
6.7 Assionment and Performance
Neither this Contract nor any interest herein shall be assigned, transferred, or
encumbered by either party. In addition, CONTRACTOR shall not subcontract
any portion of the work required by this Contract except as authorized by Section
27 of the General Conditions. CONTRACTOR represents that all persons
delivering the services required by this Contract have the knowledge and skills,
either by training, experience, education, or a combination thereof, to adequately
and competently perform the duties, obligations, and services set forth in the
Scope of Work and to provide and perform such services to CITY's satisfaction
for the agreed compensation.
CONTRACTOR shall perform its duties, obligations, and services under this
Contract in a skillful and respectable manner. The quality of CONTRACTOR's
performance and all interim and final product(s) provided to or on behalf of CITY
shall be comparable to the best local and national standards.
BID NO: 76-01102
DATE: 08/22/02
CITY OF MIAMI BEACH
46
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 ADPlicable 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: 76-01102
DATE: 08/22/02.
CITY OF MIAMI BEACH
47
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
year first above written.
ATTEST:
et their hands and seals the day and
CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE
CORPORATION OR NONCORPORATION FORMAT, AS APPLICABLE.
[If incorporated sign below.]
ATTEST:
By:
(Secreta
.(C~~pora'te seal)
, --
"
--- --
- -
:::. ~lfnot incbrporated sign below.]
, --"
WH'NESSES.:. -
By:
..--",,~<..._......
CONTRACTOR
x. Perez, President
ame and Title)
~ day of January
,20~.
CONTRACTOR
(Name of Firm)
(Signature)
(Print Name and Title)
mROVEDASTO _dayof ,20_.
FORM & LANGUAGE
CITY; 5) FULLY-EXECUTED CONTRACTS, FOR DISTRIBUTION.
14.. . ,>
"'I;~
14'HfJ
rIMa
CITY OF MIAMI BEACH
48
...
THE AMERICAN INSTITUTE OF ARCHITECTS
.
Bond No, 531597P
AfA DOcument 1\311
Performance Bond
KNOW ALL MENBV THESE.PRESENTS: Ib.t
F'XP CORP.. . . .... ....
2897 SW 69 Court
Miami, FL 33155
....'~'~.." MI.............1<IoknI lit 1O.P/.11I1~ elOiiIl,ICIO..
II PtindpJI.bet'eln..1tl!t call.aContra!:!tQrc .2J1d
DEVELOPERS SURETY AND INDEMNITY'C'OMPAN"Y"'"
P.O. Box 19725
Irvine, CA 92613
tHo.. ~ MI ......""" oddmt lit IOpl 'i',- 01 Su.....
as SUl'4!ty,herelna(ter cifledSqrety,-,. bttld a,l'ld Jirmly bound unto
CITY OF MIAMI BEACHI-~ _, hi" ~_..... Md,... 0' ."rpl <<,.. 010-11'
1700 Convention Center Drive
Miami Beach, FL 33139
..sObllgee, hetelnlfter QlIectOWrler, il'IrIltt ametuntof
One Hundred Thirty Thousand and 00/100 Dollar$ ($ 130,000,00
),
fonhe plyment whereof Contractor ancfSuteeyblnd lhemselve. their heirs, executors. administrators,
successors and Issigns, ioinW and s",erally, firmly by these presents.
WHEREAS
.. ,."_ 'c .. ,I
Contl"lctorhuby wtittetla$reement date<)
'""" i~lliIlM!W. ...,..............ol~
HVAC Renovations for the 10th Street Ocean Front Auditorium
Miami Beach FI
Contract no. 76-01/02
in accordance with Drawtnssand Speciflcatiom prepared by
. entered into a contract With Owner for
(He(, 1ft,*,1 full ...... ."..,diftftt Oft.... tll't-" Af<.......
which contract is by reference made a part hereof, and is hereinafter referred to IS tlteContract.
AlA. .l)C)CuMIH\' .0\)11 . rllttQltMA,tA(;( .1('jNO Al'lO lA~ ANI) MATIIl~ f'''V/IolmT I(')HO .. AlA ·
rrlRVAtv '~70 (0.. THE AMERICAN lNS"flTun n, A.<:Mlne". 17JSkY. AVE. N.W.. WASHINCTON. O. C.2llOO6
1
...
PERFORMANCE BOND
NOW, THEIEFOltf,. THE. CONOtTION Of THI$ OlltGAnON is such that. if ContractOr shall pri)mptly atld faithfully perform
said Contract. then this obligation shall be null and void: otherwise it shall relT\ain in fu.ll force and effect.
The. SUn!ty hereby waives nOtice of.ny alteration or
elltension of timemad4! by the Owner.
Whenever Con.tractor shall be, and declar~ by Owner
to be. in default under the Contract. the Owner havillg
perform~ Owner's obligations tMn!lInder. the SUn!ty
may promptly remedy the default, orsballpromptly
1) . Complete the Contract in accordance with its terms
and conditions, or
21 Obtain a bid or bids for completing the Contract jtl
'ccDrdao.ce with ItS terms and cOnditiOns, and upon de-
termination by Sluety of the low~t r~nsible bidder.
or. if the Ownerelect$. llpon determination bytbe
OWner and the $vrety jointly of the lOWest. I1lSponsible
bidder, '!mange for a contract bemen .such bidder and
Owner. and"'l!ke available as worlt ptoll1lSSeS (~
thoulhthere should be a default or a succession of
Slsnedand seilecf this
9th
dJvof
IJ~ rJ;~-I,/Jc
G&a
defaults under the contraCtor contracts of cOmpll!iion
arrantecl under this ~r.llraphhufficient funds to ~y the
cost of completion less theballlnce of lhe conrract price;
but nOt exceedinll,includil1l1 nther costs and damages
for which the Surety may be liable hereunder. the amount
set forth in the first paragraph hPreof. The term "balance
of the contract price:' is II\ed in lhisparagraph,shall
mean the total amount paYolble by Own~r to Contractor
under the Contract and allY amendments thereto, less
the amoul'\t properly paid by Owner to C!!nnact!!r.
Any suit under this bond must be inslituted before
the eXpiration !!f two (2) years from the date on which
final payment under the Contract falls due.
No tight of acti!!n shall ~crue on Ibis bf)nd 10 or for
the use of any penon or corporation ot~rthan the
Owner named herein or the heirs, executon. adminis-
tr.alors or SUCce5$Ors of the OWner.
January
2ci~- .--
~
. . .
"_1 :,...."
-
'-
~
FXP CORP.
I
. -
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, '-
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$.." --:--
PiN"
Attorney-in-Fact
41A OQCU~iNT oUU . I'lllrURMAN(:( IlONO AND ~t)1 Nil) WolEItAl. PAY~ENT ~p .^IA e
rElRI.I^RY 1'Il'lI EO,. THE ......UICAN tl'lSTITUTlur AIlCHITl<:lS. 1735 N.Y. ,\\1(.. RW.. WASliINGTON. O. C. ZIlOIl6
2
THE AMERICAN INSTITUtE OF ARCHITECTS
Bond No. 531597P
AlA Dotument "un
Labor and Material Payment Bond
mlSlONo .1$. ISS~Q SIMlJ\.TANJ()USlY wJm PJRF()RM~g:'ONO IN f"~ Of mJ
OWNER C'()NOITION(Q Ol'lmE flJn ANO fA1THfOLI'tRfOlMANCt OF THE CONllAC:T
KNOW All MEN 8Y THESEPRESEN'TS: that
FXP CORP.
2897 SW 69 Court
Miami, FL 33155
.....i"~'ffUlI n.me aftd acldml ....p. 4ide'ofc.t"Ctor)
IS PrinCipal, h~.r~ina(ler ailed l'rioc:ipal, and.
DEVELOPERS SURETY AND INDEMNITY COMPANY
P.O. Box 19725
Irvine, CA 92613
1"0'0 i...... lull "Ill' .... """'....... ..... Ilcl' 01 Su....'
asSur,tY, Ilereinafter ailed Surety" are h!!ld Indfirmly bound 1,II'lto
CITY OF MIAMI BEACH \Me" i"".. loll ...- ."" ad"'... .r I.p' ,..,.oto-o"
1700 Convention Center Drive
Miami Beach, FL 33139
IS Obligee.. hereinafter caITedOwfler.lor the. use and ben~fit of claimants as hefeinbelowdeflned. in the
amount afOne Hundred Thirty Thousand and 001100
lI4... iOHn a .um..... ,.111..01 0lIt~ ... .... _'''I p,ic.l Dollars IS 130,000,00 I,
farlke payment whereof Principal ilndSuretV bind themselves, their heirs, executors, administrators,
SUC:Ce$sors and ilssigns, iointly ilnd -severally, fifmly by these presents.
WHEREAS,
Principal has by wriuenilgreern~ntda,ted
ltI.~__MI 111m'. addt......~~p\I~ot1""loC"
HVAC Renovations for the 10th Street Ocean Front Auditorium
Miami Beach FI
Contract no, 76-01/02
in ac;cordance with pi'aWingsandSpedficatiOns prepared by
,entered into a cot'ltract WithOwnttr (or
IHe'o""." tun _ .ndaddtns .......1 dtl.."'.....t,;...'l
whicB contract is by reference made apart hereof, and. is hereinafter referred to as the C()fltract.
AlA OQ~MfNT Am. ttl,OIlM>>.IIIC.f Ij)NO M'IO.. l.....C)R....I'o!D ~T~IIJ...~ '..."~JNr ~o . ...1.A "
'URUARY 1910 JO.' THI.AMllICANINsTlTUTtOf ^RC:HtlEC:T5. l1U"n, AVt.. H.W.. W"'SHIt'lOTON. D. C. 200II6
3
LABOR AND MATERIAL PAYMENT BONO
NOW. tHfltt(lRf. fflf CONOITl(')N OF THIS OIIlGATlON is such Ihal, it Principal shall prQmPlly l'I'lakepayment ICI a.I
claimants If hereinaltll:r defined. IClr allli/beIr and maleri..1I u~edor reasonably reqtlired len lIse in Ihe performance of Ihe
ContraCl, Ihen I.his obligalion sh~" be yoid; olherwise il $hall-remain," full force ~nd effed. subjKI, helwever, ICllhe fol-
lowinll condilions:
1. A ~ilTl,nl.l.s defined is one ~avinp dirl!CI C9n-
Iract wilh !hel'r;ncipal or with a. Subeontraclor ..ofthe
f'rincip.a' fo.rl,beI" trIIleriaf. or bellh, used or reasonably
required for. !ne in the perfOrrt1ance of rt1e. COlllracl,
labelr andmalerial beingcon~truedto include Iha.1 pan of
waler, ps. power. lighl. he,l. oil. gasoline, leleph()ne
service ()r rent,1 ofequipnienl ditKtlV applic,ble to the
Contract.
2. The above IIIl'1'led Principal and Sure.lv hereby
joinlly and ~rally agree wilh Ihe Q\mer Ihat eveJy
daimanl as herein defined, who h.s II()I been paid in
full bllfore. Ihe eJCpirallon of a pllriod of lIinetv (9())
etays. aflerthe dlle on. which .Ihe. fan Ct.f sllchelilima"l)
work or labor was done or perfo'med' or materi.I.s ~~
furnished by suchdaimanl,lmY sue on. Ihisbelnd for
the u$! of such dlli~lIl. prOsecl!te ~. sUit to ljllll
judgmelllfor weh $(tm Or ~ums.s mJV be jusllYdl.Je
claimanl. and have "KUlion Ihereon. The Owner sh.111
1I0t be "..ble for th'epaymtnl of any (Osfs or e"pen$es
of any such su;l,
3. No suit or IIction shall be cOlTlmenced herelJnder
bv any cla""anl:
1I Unlen elilimaM. olhe, lh.1n one having iI dit~1
conlraer. wllh Ihe Pfim:lpaf, "'all ~e give" wrlil'"
nOllce 10 any two of the. follOWIng: the Prilicipal, the
Owner. or Ihe Surt!ty abcxte named,wilhill n,,'1~ty l901
d~V' afler such cll!manl did orperfotnled lhe last of
(he work or labor. or furnIshed Ihelasl ofth,malerials
for which said claim is made. stahl'\g wjlhtubst~nl."
Signed .and s-ealed tillS-
9th
diy of
/Ilcmy ~II#H-
aCclltacy lhe amount clailTlt!d .nd the 1i~1TI' Of. th~ party
to wh()m Ihe lTIa.trials wt!re furnished. . or for whelm
the w()rle or labOt WIS dO~ or perfQrmed. Such nolice
shall be served by m~iling lhe ~me by registered mail
or certified mail, potlagll pf,tpaid. In an tnvelope ad-
dressed 10lhe Principal. O\V~r'orSurety, at ~ny pl~ce
where "'" office is regulaflV /lIJinl.jn~for I~ IranS-
aclion of business. orsllrved in """ manner in whi(h
''I~I process mJY _~ served in the stale in which Ihe.
aforesaidprojKt is localed.salle Ih.ttsuc/'l servicll need
nOl be m~de by . public offidr.
bl Afler Iht ..pi ration ofane (1).)'tar follOWing Ihe
date on ",hich Principal dared WOlle on said CONlact.
it be'"lI undersll)Od. howevllr.lbal if."" Jimitalll,m em-
bodied in Ihis bond is prohibitt!dby any law controllin&
Ihe cQnsltlJction ht!reof such liinit.1tilmslrall be deemed
to be amended so-as 10 beequallct Ihe minimum period
of limitation perlTliued by such I.w.
eI Olher.lhan ;na stal' (OUt! ofCf>mpelenljuri~ictiQn
in and fotlhe. cOUltly en Cllfter politi"I subdivision of
the slale ill which Ihe ".1,0, any p,n therIIof. is
situated. Or in ~ l)nifedStalttOistri(t Court for the
di",iclin whichl"t Project; or any pan thereof; is sit-
uated. and. not eISewnt!re.
4. The amount 0/ Ihisbondshal.lbe reduced by and
to Ihe exlenl of any paymenl Of paYlTlenls .made in good
faith hereunder, inclusive of the payment bV SlIrt!ty Qf
ITIKhanics' liens which /lIJybe filed of record againsl
said i.mprovemenl, whelher Of nol claim for the alTlollnl
of such lien be presented under and allainst this bond.
January
2003
rCORP
&:.11
-
Allomey-in-F act
A'A OOCUA4(NT AlII . l'tItf(JRIMNC( .o",!> """.D VI.()Il^...., lMTfll*^tMV"1tNT 1I0NO . ^'^ e "
Tm~^~dm t~,s Tnk1tl~^rM~~H~b'Wo^R.f{tgfCll1i~'\>'~bV':rho~,,~HthW~f.tfb~ OF SECTION 255.05
OR SECTION 713.23, FLORIDA STATUTES, WHICHEVER IS APPLICABLE, ARE INCORPORATED
HEREIN BY REFERENCE.
,
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
PO BOX 19725, IRVINE, CA 92623 . (949) 263-3300
www.lnscoDico.com
***
KNOW ALL MEN BY THESE PRESENTS. that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby make,
constitute and appoint:
William L. Parker, Davor I. Mimica, Joseph M. Pietrangelo, jointly or severally ***
as its lIue and lawful Allorney(s)-in-Fact. 10 make, execute, deliver and acknowledge. for and on behalf of said corporation as surely, bonds, undenakings and
contracts of suretyship giving and granting unto said Attorney(s)~in-Fact full power and authority to do nod to perform every act necessary. requisite or proper
to be done in connection therewith as the corporation could do. but reserving to the corporation full power of substitution and revocation, and all of the nets of
said Attorney(s)-in-Fact. pursuant to these presents, are hereby ratified and confirmed.
This Power of Allorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY effective as of November 1. 2000:
RESOLVED, that the Chairman of the Board. the President and any Vice President of the corporation be. and lhat each of Ihem hereby is.
authorized to execute Powers of Attorney. qualifying the Attomey(s)-in-Fact named in the Powers of Attorney to execute. on behalf of the corporation, bonds.
undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be. and each of them hereby is. authorized to
attest the execution of any such Power of Attorney:
RESOLVED. FURTHER. thaI the signatures of such officers may be affixed to any such Power of Atlorney or to any certificale relating thereto by
facsimile. and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and
in the future with respect to any bond. undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its respective Executive
Vice President and attesled by its Secrelary this 7th day of November. 2001.
By:
David H. Rhodes. Executive Vice President
c--=j ~
By:
WaIter A. Crowell. Secretary
~~lM
",,,.II.Ut,,,
~....~..;'...t AND /~"~~'-
......^-<tv ........... ~b~....'-
...... _.....~ .... OR .... ,~. "-:,.
"'.;;' ..,()~~ 04 ....~..
$ ..'v '<"...~;
:-",.'" ~~~
!od OCT, ~-<:
:w: 10 'n:
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.... "1.~.... lOW" .....,1( .",'
....,,'>T() .............. ~~.........
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"'"Itn,""
STATE OF CALIFORNIA
)
)SS,
)
COUNTY OF ORANGE
On November 7. 2001. before me, Antonio Alvarado, personally appeared David H, Rhodes and WaIter A. Crowell. personally known to me (or
proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they
executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted. executed the
instrument.
WITNESS my hand and official seal
t@.ANTONIOALVARAOO J
is COMM, # 1300303 ~
::I . Notary PUb.IiC - Calijornia ~
~ ' ORANGE COUNTY ~
,.. My Comm. Expo'.. APRIL 10, 20051
Signature
~~/~~
CERTIFICATE
The undersigned. as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY. does hereby certify that the foregoing
Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolution of the respective Boards of Directors
of said corporation set forth in the Power of Attorney. is in force as of the date of this Certificate.
January
2003
This Certificate is executed in the City of Irvine. California. the 9th day of
By 04~
David G. Lane, Chief Operating Officer
10-1438 (DSI) (11101)
FROM
McCartney Insurance
FAX NO.
305 666 8014
Jan. 15 2003 10:33AM Pi
~I(DN CERTIFICATE OF LIABILITY INSURANCen88~~ D~ DATE (MIIIIlDIYYI
01/15/03
P~UCER THIS CERTIFICATE IS ISSUED AS A MAlTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
McCartney Insuranoe Agency,Xne HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
6739 B1rd Road ALTER THE COVERAGE AFFORDED BY TI-IE POLICIES BELOW.
Miami FL 33155-3705
Phone: 305-666-4444 INSURERS AFFORDING COVERAGE
INSUREll --'--'-- f-'--, '-
~~~Rk Nova Ca.ua~ty
INSURER II: Am.C0MI? Preferred :Ins. Co.
-, --
FXP c~iat;i.on INSUReR c:
2897 ~ Court -.---. "-
NIJIKI, 3155 INSU~ D:
I INSURER E:
COVERAGES
THE POLICIES Of INSURANCE LISTeD BELOW HAVJ: BEEN ISSUED TO THE INSURED NAMeD ABOVE FOR THE POLICY PE~IOO INDICATED. NOTWITHSTANDING
fW'( ~eaUIReMe.rr. TERM OR CONDITION OF Nor( CON'TRACT OR OTHeR OOCUMI5NT WITH RESPecT TO WHICH THIS CERTIFICATE MAY Ill: ISSUED OR
MAY PliIlTAlN, THE INSURANCE Al'FOIlOED BY THe POLICIES DESCRrIlED HEREIN IS SUIlJECT TO ALL THE TERMS, exCLUSIONS ANI) CONDITIONS OF SUCH
POLICIES, AGGReGATE LIMITS SHOWN MAY HAVE BE~ REDUC@BYPAlDCLAIMS.
1'[''''' 6XTi"/.. I!'~I .-
TYPE 01' INSUIINlCE POLICY NUMBER DA11! "'M/DDIVYI UMITS
GENERAL UA8IUTY EACH OCCURRENCE , 1,000,DOO
A r-- 09AL041578 03/14/02 03/14/03 '-
x COM"~RCIAL GENERAL LIAIlILl'tY FIRE DAMAGe (Any One ...) , 100,00D
I CLAIMS MADe 0 OCCUR --
MED !XP (Any on. poroon) , 5 , 000
"- pERSONAL &NN INJURY 11.000,000
- ,2~AGG_TE S2.!000,~,
2!:j o\GClRER LIMIT Al'Pr~~t, PER: 1 ~ ~UCTS. COMPIO" AGG S 2 000 000
POI.ICY ~ ~oc
AlITOII08ILE UAIIILITV ~ COMBINED SINGU! LIMIT , Bxcluded
I-- ff(f~
ANY AUTO (....lI\lOIdonl)
f- ~\\\~l~"
f- ALL OWNeD AUTos IIOOIL Y INJURY SExcluded
SCHEDULED AUTOS (Per_l
1--.
f- HIRED AUTOS BODILY INJURY S Exc~uc1ed
NON.OWNED AUTOS (Pc< _nll
l-
f- PROPERlY c.u.tAGE S Bxc::lucled
(I'oo'_ll
=r;:7 AUTI) ON!. Y . Ell ACCWlEHT . Excluded
OTHER THAN EAf/JIXJ S Bxc::luded
IWTOONLY, AGG S Excluded
EXCESS LlAIIII.ITY I!ACH OCCURIU!NCli S 2 ,000 .000
A :=J OCCUR D CLAIMS MADE 09EXOO0206 03/14/02 03/14/03 AGGReGATE s 2 ,000,000
-.. S
lllliDUCT1eLE S
RETENTION S X I TORY LIIltrT81 m s
_lIS COIIPlNSATIOlI /lHP
B EIjII'l.OYERS' UAIIIUTY WCV7036350 08/17/02 08/17/03 Eol. rACH ACCIDeNT s 1,DOO,000
E.L DISEASE - SA EMPLOYliE S 1,000,000
~1.. DISEASE - POLICY UMtT S 1 000,000
0TIlIl\
DQelllI'TION O. Ol'IIlATIONS/L0C4T1ONSNEHI(;LQ/I)(OI.UlIIONS Allum BY ENIlClRaBalENT/el'1C1AL I'RlMSlONS to GenQra~
City of Miami Beach is listed as add.itional insured with resp<!!ct
Liability Coverage Part.
CERTIFICATE HOLDER I Y I ADcmoIW.INSURI!D; lHSUMR ~1TT'IRl CANCELLATION
MIABE-1 lRlOUUl Nl'( OF THE AlIOVII DESeRl8IiO f'OUClES BE CANCELJ.ED BI!I'ORE lHE_noN
OATE THWoF. THE ISSUING INSURER WILL ENDEAVOR TO MAlL ...1L llA.V8 WIlInEN
NOTICE TO THE CERTIFICATI! HOUlER NAMED TO THE LEFT. BUT F"'LURE TO 00 so SHALL
C1 ~ of Miami. Beach IMPOSE NO OBLIGATlON ~ LIAIIIUTY OF MY KIND UPON THE INsURER, ITS AGENTS OR
Ci~ Hall. Drive REPRDEN'I'ATII/U.
1700 CODyeDt~OD Center I AUT_1l<I!D REPRE5ENTATIVE
Ki-.:L Beach I'L 33139 tlOD MCCarttley
I @ACORDCORPORATlON1~
ACORD 21l-S (7/117)
..
CERTIFICATE OF INSURANCE
ALLSTATE INSURANCE COMPANY
HOME OFFICE-NORTH BROOK, ILLINOIS
~ity Of Miami Beach
1700 Convention Center Drive
Miami J;leach , FL 33139
Name and Address of Insured
FXP Corporation
2897 SW 69 Ct.
Miami , FL 33155
Na.... and Address of Party to
Whom this Certificate Is Issued
Jb Reference: 10th Street Ocean Front
INSURANCE
IN FORCE
z.. VI t torill1T1
TYPE OF INSURANCE POLICY FORMS LIMITS OF LIABILITY POLICY NUMBER EXPIRATION
AND HAZARDS DATE
Workmen's Compensation STATUTORY *
Employers' Liability STAN DARD $ PER ACCIDENT (Employer's liability only)
*Applies only in following state(s):
Automobile liability Bodily Injury Each Property Damage
o OWNED ONLY h '\" ...,
o BASIC PERSON X\X . ...
$ 1<
o NON-OWNED ONLY ~ COMPRE- $ ACCIDENT $
HENSIVE
o HIRED ONLY o GARAGE $ OCCURRENCE $
o OWNED, NON-OWNED 0 Bodily Injury and Property Damage (Single Limit)
$ EACH ACCI DENT
AND HIRED $ 1,000,000.00 EACH OCCURRENCE 048-210560 12/31/2003
General Liability Bodily Injury Property Damage
EACH ...
o PREMISES-O.L&T. o SCHEDULE $ PERSON .. .....
o OPERATlONS-M.&C. EACH
$ ACCI DENT $
o ELEVATOR o COMPRE- EACH
$ OCCURRENCE $
HENSIVE AGGREG. PROD.
o PRODUCTS/ $ COMPo OPTNS. $
COMPlETED OPERATIONS ... ............... ., AGGREGATE
o PROTECTIVE (Inde- o SPECIAL ...
.... .... OPERATIONS $
pendent Contractors) MULTI.PERIL ... AGGREGATE
o Endorsed to cover 0 ...... ....... PROTECTIVE $
con tract between .... AGGREGATE
insured and .......y'.. ... ." CONTRACTUAL $
Bodily tnJury and Property Damage (Single Limit)
$ EACH ACCIDENT
$ EACH OCCURRENCE
dated $ AGGREGATE
The policies identified above by number are in force on the date indicated below. With respect to a number entered under policy number, the type of insurance shown at its lell is
in force, but only with respect to such of the hazards, and under such policy forms, for which an "X" is entered, subject, however, to all the terms of the policy having reference thereto.
The limits of liability for such insurance are only as shown above, This Certificate of Insurance neither affirmatively nor negatively amends, extends, nor allers the coverage afforded
by the policy or policies numbered in this Certificate.
In the event of reduction of coverage or cancellation of said policies, the Allstate Insurance Company will make all reasonable effort to send notice of such reduction or cancellation
to the certificate holder at the address shown above.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIG~Tr'!"~ T..,HE CERTIFICATE HOLDER./ ~?
Date January 9 , ~003 By Edward K Nankin - C-e"'<A.o\J cw c/' #P.~7
Authorized Representative
U4M-11
00708. FORM CERTIFICATE OF INSURANCE
A form Certificate of Insurance will be attached here.
BID NO: 76-01102
DATE: 08/22/02
CITY OF MIAMI BEACH
49
00710. FORM OF PERFORMANCE BOND
BY THIS BOND, We
, as
Principal, hereinafter called CONTRACTOR, and
, as Surety, are bound to the City of Miami
Beach, Florida, as Obligee, hereinafter called CITY, in the amount of
Dollars ($ ) for the payment whereof
CONTRACTOR and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally.
WHEREAS, CONTRACTOR has by written agreement entered into a Contract,
Bid/Contract No.: awarded the day of
,20_, with CITY which Contract Documents are by reference
incorporated herein and made a part hereof, and specifically include provision for
liquidated damages, and other damages identified, and for the purposes of this Bond
are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if CONTRACTOR:
1. Performs the Contract between CONTRACTOR and CITY for construction of
, the Contract being
made a part of this Bond by reference, at the times and in the manner prescribed
in the Contract; and
2. Pays CITY all losses, liquidated damages, expenses, costs and attorney's fees
including appellate proceedings, that CITY sustains as a result of default by
CONTRACTOR under the Contract; and
BID NO: 76-01102
DATE: 08/22/02
CITY OF MIAMI BEACH
50
FORM OF PERFORMANCE BOND
(Continued)
3. Performs the guarantee of all work and materials furnished under the Contract for
the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT
REMAINS IN FULL FORCE AND EFFECT.
Whenever CONTRACTOR shall be, and declared by CITY to be, in default under
the Contract, CITY having performed CITY obligations thereunder, the Surety
may promptly remedy the default, or shall promptly:
3.1. Complete the Project in accordance with the terms and conditions of the
Contract Documents; or
3.2. Obtain a bid or bids for completing the' Project in accordance with the
terms and conditions of the Contract Documents, and upon
determination by Surety of the lowest responsible Bidder, or, if CITY
elects, upon determination by CITY and Surety jointly of the lowest
responsible Bidder, arrange for a contract between such Bidder and
CITY, and make available as work progresses (even though there
should be a default or a succession of defaults under the Contract or
Contracts of completion arranged under this paragraph) sufficient funds
to pay the cost of completion less the balance of the Contract Price; but
not exceeding, including other costs and damages for which the Surety
may be liable hereunder, the amount set forth in the first paragraph
hereof. The term "balance of the Contract Price," as used in this
paragraph, shall mean the total amount payable by CITY to
CONTRACTOR under the Contract and any amendments thereto, less
the amount properly paid by CITY to CONTRACTOR.
No right of action shall accrue on this bond to or for the use of any person or
corporation other than CITY named herein.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities
connected with the Contract or the changes does not affect Surety's obligation
under this Bond.
Signed and sealed this
day of
,20
BID NO: 76-01102
DATE: 08/22/02
CITY OF MIAMI BEACH
51
FORM OF PERFORMANCE BOND
(Continued)
WITNESSES:
(Name of Corporation)
Secretary
By:
(Signature)
(CORPORATE SEAL)
(Print Name and Title)
IN THE PRESENCE OF:
INSURANCE COMPANY:
By:
Agent and Attorney-in-Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
BID NO: 76-01102
DATE: 08/22/02
CITY OF MIAMI BEACH
52
00720. FORM OF PAYMENT BOND
BY THIS BOND, We
, as
Principal, hereinafter called CONTRACTOR, and
, as Surety, are bound to the City of Miami
Beach, Florida, as Obligee, hereinafter called CITY, in the amount of
Dollars ($ ) for the payment
whereof CONTRACTOR and Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally.
WHEREAS, CONTRACTOR has by written agreement entered into a Contract,
Bid/Contract No.: awarded the day of
,20_, with CITY which Contract Documents are by reference
incorporated herein and made a part hereof, and specifically include provision for
liquidated damages, and other damages identified, and for the purposes of this Bond
are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if CONTRACTOR:
1. 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: 76-01102 CITY OF MIAMI BEACH
DATE: 08/22/02 53
FORM OF PAYMENT BOND
(Continued)
2.2. A claimant who is not in privity with CONTRACTOR and who has not
received payment for its labor, materials, or supplies shall, within ninety
(90) days after performance of the labor or after complete delivery of the
materials or supplies, deliver to CONTRACTOR and to the Surety,
written notice of the performance of the labor or delivery of the materials
or supplies and of the nonpayment.
2.3. No action for the labor, materials, or supplies may be instituted against
CONTRACTOR or the Surety unless the notices stated under the
preceding conditions (2.1) and (2.2) have been given.
2.4. Any action under this Bond must be instituted in accordance with the
Notice and Time Limitations provisions prescribed in Section 255.05(2),
Florida Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities
connected with the Contract or the changes does not affect the Surety's
obligation under this Bond.
Signed and sealed this
day of
,20_.
CONTRACTOR
ATTEST:
(Name of Corporation)
By:
(Signature)
(Secretary)
(Print Name and Title)
(Corporate Seal)
_ day of
,20_.
BID NO: 76-01102
DATE: 08/22/02
CITY OF MIAMI BEACH
54
IN THE PRESENCE OF:
BID NO: 76-01/02
DATE: 08/22/02
INSURANCE COMPANY:
By:
Agent and Attorney-in-Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
CITY OF MIAMI BEACH
SS
00721. CERTIFICATE AS TO CORPORATE PRINCIPAL
I, ' certify that I am the
Secretary of the corporation named as Principal in the foregoing Performance and
Payment Bond (Performance Bond and Payment Bond); that
, who signed the Bond(s) on behalf of the Principal, was
then of said corporation; that I know his/her signature; and his/her
signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and
attested to on behalf of said corporation by authority of its governing body.
(SEAL)
Secretary (on behalf of)
Corporation
STATE OF FLORIDA )
) SS
COUNTY OF MIAMI-DADE )
Before me, a Notary Public duly commissioned, qualified and acting personally,
appeared to me well known, who
being by me first duly sworn upon oath says that he/she has been authorized to execute
the foregoing Performance and Payment Bond (Performance Bond and Payment Bond)
on behalf of CONTRACTOR named therein in favor of CITY.
Subscribed and Sworn to before me this
,20 .
day of
My commission expires:
Notary Public, State of
Bonded
by
BID NO: 76-01102
DATE: 08/22/02
CITY OF MIAMI BEACH
S6
00735. PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL LETTER OF CREDIT:
Date of Issue
Issuing Bank's No.
Beneficiarv:
Applicant:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Amount:
in United States Funds
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: 76-01102
DATE: 08/22/02
CITY OF MIAMI BEACH
57
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: 76-01102
DATE: 08/22/02
CITY OF MIAMI BEACH
58
00800. GENERAL CONDITIONS:
1. Proiect Manual:
1.1. The Project Manual includes any general or special Contract conditions or
specifications attached hereto.
1.2. The Project Manual, along with all documents that make up and constitute
the Contract Documents, shall be followed in strict accordance as to work,
performance, material, and dimensions except when CONSULTANT may
authorize, in writing, an exception.
1.3. Dimensions given in figures are to hold preference over scaled
measurements from the drawings; however, all discrepancies shall be
resolved by CONSULTANT. CONTRACTOR shall not proceed when in
doubt as to any dimension or measurement, but shall seek clarification
from CONSULTANT.
1.4. CONTRACTOR shall be furnished three (3) copies, free of charge, of the
Project Manual; two of which shall be preserved and always kept
accessible to CONSULTANT and CONSULTANT's authorized
representatives. Additional copies of the Project Manual may be obtained
from CITY at the cost of reproduction.
2. Intention of CITY:
It is the intent of CITY to describe in the Contract Documents a functionally
complete Project (or part thereof) to be constructed in accordance with the
Contract Documents and in accordance with all codes and regulations governing
construction of the Project. Any work, materials or equipment that may
reasonably be inferred from the Contract Documents as being required to
produce the intended result shall be supplied by CONTRACTOR whether or not
specifically called for. When words which have a well-known technical or trade
meaning are used to describe work, materials or equipment, such words shall be
interpreted in accordance with that meaning. Reference to standard
specifications, manuals, or codes of any technical society, organization or
association, or to the laws or regulations of any governmental authority, whether
such reference be specific or by implication, shall mean the latest standard
specification, manual, code or laws or regulations in effect at the time of opening
of bids and CONTRACTOR shall comply therewith. CITY shall have no duties
other than those duties and obligations expressly set forth within the Contract
Documents.
BID NO: 76-01102
DATE: 08/22/02
CITY OF MIAMI BEACH
59
3. Preliminarv Matters:
3.1. Within five (5) calendar days prior to the pre-construction meeting
described in Section 3.2, CONTRACTOR shall submit to CONSULTANT
for CONSULTANT's review and acceptance:
3.1.1. A progress schedule in the indicated form:
[ ] Bar Chart
[ ] Modified CPM
[ ] CPM
[ ] Computerized CPM
(CPM shall be interpreted to be generally as outlined in the
Association of General Contractors (AGC) publication, "The Use of
CPM in Construction.")
The progress schedule shall indicate the start and completion dates
of the various stages of the Work and shall show an activity
network for the planning and execution of the Work. Included with
the progress schedule shall be a narrative description of the
progress schedule. The progress schedule must be updated
monthly by CONTRACTOR, submitted as part of each Application
for Payment and shall be acceptable to CONSULTANT.
3.1.2. A preliminary schedule of Shop Drawing submissions; and
3.1.3. In a lump sum contract or in a contract which includes lump sum
bid items of Work, a preliminary schedule of values for all of the
Work which will include quantities and prices of items aggregating
the Contract Price and will subdivide the Work into component
parts in sufficient detail to serve as the basis for progress payments
during construction. Such prices will include an appropriate amount
of overhead and profit applicable to each item of work which will be
confirmed in writing by CONTRACTOR at the time of submission.
[ ] Such prices shall be broken down to show labor, equipment, materials
and overhead and profit.
3.1.4. After award but prior to the submission of the progress schedule,
CONSULTANT, Contract Administrator and CONTRACTOR shall
meet with all utility owners and secure from them a schedule of
BID NO: 76-01102
DATE: 08122/02
CITY OF MIAMI BEACH
60
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 therefore. The finalized schedule
of Shop Drawing submissions must be acceptable to CONSULTANT as
providing a workable arrangement for processing the submissions. The
finalized schedule of values pursuant to Section 3.1.3 above must be
acceptable to CONSULTANT as to form and substance.
4. Performance Bond and Pavment Bond:
Within fifteen (15) calendar days of being notified of the award, CONTRACTOR
shall furnish a Performance Bond and a Payment Bond containing all the
provisions of the Performance Bond and Payment Bond attached hereto as
forms 00710 and 00720.
BID NO: 76-01102
DATE: 08/22/02
CITY OF MIAMI BEACH
61
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: 76-01102
DATE: 08122/02
CITY OF MIAMI BEACH
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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:
BID NO: 76-01/02
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CITY OF MIAMI BEACH
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7.1.1.1. Employers' Liability with a limit of One",MUlfdn' OotlaB
($1iOO()~000,00) Dollar;S,($) 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.C0I11P~;~;~~ivE:}q;~er~1 ." Li~bility with minimum limits of Qljl
M!ln()flQqlla,o;i($1.()()();0.()0;0~} per occurrence, combined single
limit for Bodily Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more restrictive than the
latest edition of the Comprehensive General Liability policy, without
restrictive endorsements, as filed by the Insurance Services Office,
and must include:
[X] 7.1.2.1. Premises and/or Operations.
[X] 7.1.2.2. Independent Contractors.
[ X] 7.1.2.3. Products and/or Completed Operations for contracts
over Fifty Thousand Dollars ($50,000.00)
CONTRACTOR shall maintain in force until at least
three years after completion of all work required under
the Contract, coverage for Products and Completed
Operations, including Broad Form Property Damage.
[X] 7.1.2.4. Explosion, Collapse and Underground Coverages.
[ X] 7.1.2.5. Broad Form Property Damage.
[ X] 7.1.2.6. Broad Form Contractual Coverage applicable to this
specific Contract, including any hold harmless and/or
indemnification agreement.
[ ] 7.1.2.7. Personal Injury Coverage with Employee and
Contractual Exclusions removed, with minimum limits of
coverage equal to those required for Bodily Injury
Liability and Property Damage Liability.
[ X] 7.1.2.8. CITY is to be expressly included as an Additional
Insured with respect to liability arising out of operations
performed for CITY by or on behalf of CONTRACTOR
or acts or omissions of CONTRACTOR in connection
with general supervision of such operation.
BID NO: 76-01102 CITY OF MIAMI BEACH
DATE:08l22m2 65
7.1.3. B~si~~~~~~to~obile Liability with minimum limits of ~g.f\MiIiI(fij
J;)g!l~~l$.~,()QQ,QQQ.QO) 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 Impact Fees:
11.1. Except as otherwise provided within the Supplemental Conditions, all
permits and licenses required by federal, state or local laws, rules and
regulations necessary for the prosecution of the Work undertaken by
CONTRACTOR pursuant to this Contract shall be secured and paid for by
CONTRACTOR. It is CONTRACTOR's responsibility to have and maintain
appropriate Certificate(s) of Competency, valid for the Work to be
performed and valid for the jurisdiction in which the Work is to be
performed for all persons working on the Project for whom a Certificate of
Competency is required.
11.2. Impact fees levied by the City and/or Miami-Dade County shall be paid by
CONTRACTOR. CONTRACTOR shall be reimbursed only for the actual
amount of the impact fee levied by the municipality as evidenced by an
invoice or other acceptable documentation issued by the municipality.
Reimbursement to CONTRACTOR in no event shall include profit or
overhead of CONTRACTOR.
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12. Resolution of Disputes:
12.1 To prevent all disputes and litigation, it is agreed by the parties hereto that
CONSULTANT shall decide all questions, claims, difficulties and disputes
of whatever nature which may arise relative to the technical interpretation
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.
BID NO: 76-01/02
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13. Inspection of Work:
13.1. CONSULTANT and CITY shall at all times have access to the Work, and
CONTRACTOR shall provide proper facilities for such access and for
inspecting, measuring and testing.
13.1.1. 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.
13.1.2. Reexamination of any of the Work may be ordered by
CONSULTANT with prior written approval by the Contract
Administrator, and if so ordered, the Work must be uncovered
by CONTRACTOR. If such Work is found to be in accordance
with the Contract Documents, CITY shall pay the cost of
reexamination and replacement by means of a Change Order.
If such Work is not in accordance with the Contract Documents,
CONTRACTOR shall pay such cost.
13.2. Inspectors shall have no authority to permit deviations from, nor to relax
any of the provisions of, the Contract Documents nor to delay the Contract
by failure to inspect the materials and work with reasonable promptness
without the written permission or instruction of CONSULTANT.
13.3. The payment of any compensation, whatever may be its character or form,
or the giving of any gratuity or the granting of any favor by CONTRACTOR
to any inspector, directly or indirectly, is strictly prohibited, and any such
act on the part of CONTRACTOR will constitute a breach of this Contract.
14. Superintendence and Supervision:
14.1. The orders of CITY are to be given through CONSULTANT, which
instructions are to be strictly and promptly followed in every case.
CONTRACTOR shall keep on the Project during its progress, a full-time
competent English speaking superintendent and any necessary
assistants, all satisfactory to CONSULTANT. The superintendent shall not
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CITY OF MIAMI BEACH
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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. Riahts of Various Interests:
Whenever work being done by CITY's forces or by other contractors is
contiguous to or within the limits of work covered by this Contract, the respective
rights of the various interests involved shall be established by the Contract
Administrator to secure the completion of the various portions of the work in
general harmony.
19. Differina Site Conditions:
In the event that during the course of the Work CONTRACTOR encounters
subsurface or concealed conditions at the Project site which differ materially from
those shown on the Contract Documents and from those ordinarily encountered
and generally recognized as inherent in work of the character called for in the
Contract Documents; or unknown physical conditions of the Project site, of an
unusual nature, which differ materially from that ordinarily encountered and
generally recognized as inherent in work of the character called for in the
Contract Documents, CONTRACTOR, without disturbing the conditions and
before performing any work affected by such conditions, shall, within twenty-four
(24) hours of their discovery, notify CITY and CONSULTANT in writing of the
existence of the aforesaid conditions. CONSULTANT and CITY shall, within two
(2) business days after receipt of CONTRACTOR's written notice, investigate the
site conditions identified by CONTRACTOR. If, in the sole opinion of
CONSULTANT, the conditions do materially so differ and cause an increase or
decrease in CONTRACTOR's cost of, or the time required for, the performance
of any part of the Work, whether or not charged as a result of the conditions,
CONSULTANT shall recommend an equitable adjustment to the Contract Price,
or the Contract Time, or both. If CITY and CONTRACTOR cannot agree on an
adjustment in the Contract Price or Contract Time, the adjustment shall be
referred to CONSULTANT for determination in accordance with the provisions of
Article 12. Should CONSULTANT determine that the conditions of the Project
site are not so materially different to justify a change in the terms of the Contract,
CONSULTANT shall so notify CITY and CONTRACTOR in writing, stating the
reasons, and such determination shall be final and binding upon the parties
hereto.
No request by CONTRACTOR for an equitable adjustment to the Contract under
this provision shall be allowed unless CONTRACTOR has given written notice in
strict accordance with the provisions of this Article. No request for an equitable
adjustment or change to the Contract Price or Contract Time for differing site
conditions shall be allowed if made after the date certified by CONSULTANT as
the date of substantial completion.
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20. Plans and Workino Drawinos:
CITY, through CONSULTANT, shall have the right to modify the details of the
plans and specifications, to supplement the plans and specifications with
additional plans, drawings or additional information as the Work proceeds, all of
which shall be considered as part of the Project Manual. In case of
disagreement between the written and graphic portions of the Project Manual,
the written portion shall govern.
21. CONTRACTOR to Check Plans. Specifications and Data:
CONTRACTOR shall verify all dimensions, quantities and details shown on the
plans, specifications or other data received from CONSULTANT, and shall notify
CONSULTANT of all errors, omissions and discrepancies found therein within
three (3) calendar days of discovery. CONTRACTOR will not be allowed to take
advantage of any error, omission or discrepancy, as full instructions will be
furnished by CONSULTANT. CONTRACTOR shall not be liable for damages
resulting from errors, omissions or discrepancies in the Contract Documents
unless CONTRACTOR recognized such error, omission or discrepancy and
knowingly failed to report it to CONSULTANT.
22. CONTRACTOR's Responsibilitv for Damaoes 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. Warranty:
CONTRACTOR warrants to CITY that all materials and equipment furnished
under this Contract will be new unless otherwise specified and that all of the
Work will be of good quality, free from faults and defects and in conformance with
the Contract Documents. All work not conforming to these requirements.
including substitutions not properly approved and authorized, may be considered
defective. If required by CONSULTANT, CONTRACTOR shall furnish
satisfactory evidence as to the kind and quality of materials and equipment. This
warranty is not limited by the provisions of Article 25 herein.
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24. Supplementarv DrawinQs:
24.1. When, in the opinion of CONSULTANT, it becomes necessary to explain
the Work to be done more fully, or to illustrate the Work further, or to show
any changes which may be required, supplementary drawings, with
specifications pertaining thereto, will be prepared by CONSULTANT.
24.2. The supplementary drawings shall be binding upon CONTRACTOR with
the same force as the Project Manual. Where such supplementary
drawings require either less or more than the original quantities of work,
appropriate adjustments shall be made by Change Order.
25. Defective Work:
25.1. CONSULTANT shall have the authority to reject or disapprove work which
CONSULTANT finds to be defective. If required by CONSULTANT,
CONTRACTOR shall promptly either correct all defective work or remove
such defective work and replace it with nondefective work.
CONTRACTOR shall bear all direct, indirect and consequential costs of
such removal or corrections including cost of testing laboratories and
personnel.
25.2. Should CONTRACTOR fail or refuse to remove or correct any defective
work or to make any necessary repairs in accordance with the
requirements of the Contract Documents within the time indicated in
writing by CONSULTANT, CITY shall have the authority to cause the
defective work to be removed or corrected, or make such repairs as may
be necessary at CONTRACTOR's expense. Any expense incurred by
CITY in making such removals, corrections or repairs, shall be paid for out
of any monies due or which may become due to CONTRACTOR, or may
be charged against the Performance Bond. In the event of failure of
CONTRACTOR to make all necessary repairs promptly and fully, CITY
may declare CONTRACTOR in default.
25.3. If, within one (1) year after the date of substantial completion or such
longer period of time as may be prescribed by the terms of any applicable
special warranty required by the Contract Documents, or by any specific
provision of the Contract Documents, any of the Work is found to be
defective or not in accordance with the Contract Documents,
CONTRACTOR, after receipt of written notice from CITY, shall promptly
correct such defective or nonconforming Work within the time specified by
CITY without cost to CITY, to do so. Nothing contained herein shall be
construed to establish a period of limitation with respect to any other
obligation which CONTRACTOR might have under the Contract
Documents including but not limited to, Article 23 hereof and any claim
regarding latent defects.
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25.4. Failure to reject any defective work or material shall not in any way
prevent later rejection when such defect is discovered, or obligate CITY to
final acceptance.
26. Taxes:
CONTRACTOR shall pay all applicable sales, consumer, use and other taxes
required by law. CONTRACTOR is responsible for reviewing the pertinent state
statutes involving state taxes and complying with all requirements.
27. Subcontracts:
27.1. CONTRACTOR shall not employ any subcontractor against whom CITY or
CONSULTANT may have a reasonable objection. CONTRACTOR shall
not be required to employ any subcontractor against whom
CONTRACTOR has a reasonable objection.
27.2. CONTRACTOR shall be fully responsible for all acts and omissions of its
subcontractors and of persons directly or indirectly employed by its
subcontractors and of persons for whose acts any of them may be liable to
the same extent that CONTRACTOR is responsible for the acts and
omissions of persons directly employed by it. Nothing in the Contract
Documents shall create any contractual relationship between any
subcontractor and CITY or any obligation on the part of CITY to payor to
see the payment of any monies due any subcontractor. CITY or
CONSULTANT may furnish to any subcontractor evidence of amounts
paid to CONTRACTOR on account of specific work performed.
27.3. CONTRACTOR agrees to bind specifically every subcontractor to the
applicable terms and conditions of the Contract Documents for the benefit
of CITY.
[X] 27.4. CONTRACTOR shall perform the Work with its own organization,
amounting to not less than (ten) 10% percent of the Contract Price.
28. Separate Contracts:
28.1. CITY reserves the right to let other contracts in connection with this
Project. CONTRACTOR shall afford other persons reasonable opportunity
for the introduction and storage of their materials and the execution of
their work and shall properly connect and coordinate this Work with theirs.
28.2. If any part of CONTRACTOR's Work depends for proper execution or
results upon the work of any other persons, CONTRACTOR shall inspect
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and promptly report to CONSULTANT any defects in such work that
render it unsuitable for such proper execution and results.
CONTRACTOR's failure to so inspect and report shall constitute an
acceptance of the other person's work as fit and proper for the reception of
CONTRACTOR's Work, except as to defects which may develop in other
contractor's work after the execution of CONTRACTOR's.
28.3. CONTRACTOR shall conduct its operations and take all reasonable steps
to coordinate the prosecution of the Work so as to create no interference
or impact on any other contractor on the site. Should such interference or
impact occur, CONTRACTOR shall be liable to the affected contractor for
the cost of such interference or impact.
28.4. To insure the proper execution of subsequent work, CONTRACTOR shall
inspect the work already in place and shall at once report to
CONSULTANT any discrepancy between the executed work and the
requirements of the Contract Documents.
29. Use of Completed Portions:
29.1. CITY shall have the right at its sole option to take possession of and use
any completed or partially completed portions of the Project. Such
possession and use shall not be deemed an acceptance of any of the
Work not completed in accordance with the Contract Documents. If such
possession and use increases the cost of or delays the Work,
CONTRACTOR shall be entitled to reasonable extra compensation, or
reasonable extension of time or both, as recommended by CONSULTANT
and approved by CITY.
29.2. In the event CITY takes possession of any completed or partially
completed portions of the Project, the following shall occur:
29.2.1. CITY shall give notice to CONTRACTOR in writing at least
thirty (30) calendar days prior to CITY's intended occupancy of
a designated area.
29.2.2. CONTRACTOR shall complete to the point of Substantial
Completion the designated area and request inspection and
issuance of a Certificate of Substantial Completion in the form
attached hereto as 00925 from CONSULTANT.
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29.2.3. Upon CONSULTANT's issuance of a Certificate of Substantial
Completion, CITY will assume full responsibility for
maintenance, utilities, subsequent damages of CITY and
public, adjustment of insurance coverages and start of warranty
for the occupied area.
29.2.4. CONTRACTOR shall complete all items noted on the
Certificate of Substantial Completion within the time specified
by CONSULTANT on the Certificate of Substantial Completion,
as soon as possible and request final inspection and final
acceptance of the portion of the Work occupied. Upon
completion of final inspection and receipt of an application for
final payment, CONSULTANT shall issue a Final Certificate of
Payment relative to the occupied area.
29.2.5. If CITY finds it necessary to occupy or use a portion or portions
of the Work prior to Substantial Completion thereof, such
occupancy or use shall not commence prior to a time mutually
agreed upon by CITY and CONTRACTOR and to which the
insurance company or companies providing the property
insurance have consented by endorsement to the policy or
policies. Insurance on the unoccupied or unused portion or
portions shall not be canceled or lapsed on account of such
partial occupancy or use. Consent of CONTRACTOR and of
the insurance company or companies to such occupancy or
use shall not be unreasonably withheld.
30. Lands for Work:
30.1. CITY shall provide, as may be indicated in the Contract Documents, the
lands upon which the Work is to be performed, rights-of-way and
easements for access thereto and such other lands as are designated by
CITY or the use of CONTRACTOR.
30.2. CONTRACTOR shall provide, at CONTRACTOR's own expense and
without liability to CITY, any additional land and access thereto that may
be required for temporary construction facilities, or for storage of
materials. CONTRACTOR shall 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 DamaQe to ExistinQ Facilities. Equipment or Utilities:
32.1. As far as possible, all existing utility lines in the Project area have been
shown on the plans. However, CITY does not guarantee that all lines are
shown, or that the ones indicated are in their true location. It shall be the
CONTRACTORDS 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. Chanoe 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: 76-01102 CITY OF MIAMI BEACH
DATE: 08122/02 83
the work. Payroll costs shall include, but not be limited to,
salaries and wages plus the cost of fringe benefits which shall
include social security contributions, unemployment, excise and
payroll taxes, workers' or workmen's compensation, health and
retirement benefits, bonuses, sick leave, vacation and holiday
pay application thereto. Such employees shall include
superintendents and foremen at the site. The expenses of
performing the work after regular working hours, on Sunday or
legal holidays, shall be included in the above to the extent
authorized by CITY.
38.2.2. Cost of all materials and equipment furnished and incorporated
in the work, including costs of transportation and storage
thereof, and manufacturers' field services required in connection
therewith. All cash discounts shall accrue to CONTRACTOR
unless CITY deposits funds with CONTRACTOR with which to
make payments, in which case the cash discounts shall accrue
to CITY. All trade discounts, rebates and refunds, and all
returns from sale of surplus materials and equipment shall
accrue to CITY and CONTRACTOR shall make provisions so
that they may be obtained. Rentals of all construction
equipment and machinery and the parts thereof whether rented
from CONTRACTOR or others in accordance with rental
agreements approved by CITY with the advice of
CONSULTANT and the costs of transportation, loading,
unloading, installation, dismantling and removal thereof, all in
accordance with the terms of said agreements. The rental of
any such equipment, machinery or parts shall cease when the
use thereof is no longer necessary for the work.
38.2.3. Payments made by CONTRACTOR to Subcontractors for work
performed by Subcontractors. If required by CITY,
CONTRACTOR shall obtain competitive bids from
Subcontractors acceptable to CONTRACTOR and shall deliver
such bids to CITY who will then determine, with the advice of
CONSULTANT, which bids will be accepted. If the Subcontract
provides that the Subcontractor is to be paid on the basis of cost
of the work plus a fee, the Subcontractor's cost of the work shall
be determined in the same manner as CONTRACTOR'S cost of
the work. All Subcontractors shall be subject to the other
provisions of the Contract Documents insofar as applicable.
38.2.4. Cost of special consultants, including, but not limited to,
engineers, architects, testing laboratories, and surveyors
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employed for services specifically related to the performance of
the work described in the Change Order.
38.2.5. Supplemental costs including the following:
38.2.5.1. The proportion of necessary transportation, travel
and subsistence expenses of CONTRACTOR's
employees incurred in discharge of duties connected
with the work except for local travel to and from the
site of the work.
38.2.5.2. Cost, including transportation and maintenance, of all
materials, supplies, equipment, machinery, applian-
ces, office and temporary facilities at the site and
hand tools not owned by the workmen, which are
consumed in the performance of the work, and cost
less market value of such items used but not
consumed which remains the property of
CONTRACTOR.
38.2.5.3. Sales, use, or similar taxes related to the work, and
for which CONTRACTOR is liable, imposed by any
governmental authority.
38.2.5.4. Deposits lost for causes other than CONTRACTOR's
negligence; royalty payments and fees for permits
and licenses.
38.2.5.5. The cost of utilities, fuel and sanitary facilities at the
site.
38.2.5.6. Receipted minor expenses such as telegrams, long
distance telephone calls, telephone service at the
site, expressage and similar petty cash items in
connection with the work.
38.2.5.7. Cost of premiums for additional bonds and insurance
required because of changes in the work.
38.3. The term "cost of the work" shall not include any of the following:
38.3.1. Payroll costs and other compensation of CONTRACTOR's
officers, executives, principals (of partnership and sole
proprietorships), general managers, engineers, architects,
estimators, lawyers, auditors, accountants, purchasing and
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DATE: 08122102 85
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: 76-01102 CITY OF MIAMI BEACH
DATE: 08122/02 86
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 Chanoe 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 Damaoes 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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extensions of the Contract Time as the sole and exclusive remedy for such
resulting delay, in accordance with and to the extent specifically provided above.
41. Excusable Delav: Compensable: Non-Compensable:
41.1 Excusable Delay. Delay which extends the completion of the Work and
which is caused by circumstances beyond the control of CONTRACTOR
or its subcontractors, suppliers or vendors is Excusable Delay.
CONTRACTOR is entitled to a time extension of the Contract Time for
each day the Work is delayed due to Excusable Delay. CONTRACTOR
shall document its claim for any time extension as provided in Article 39
hereof.
Failure of CONTRACTOR to comply with Article 39 hereof as to any
particular event of delay shall be deemed conclusively to constitute a
waiver, abandonment or relinquishment of any and all claims resulting
from that particular event of delay.
Excusable Delay may be compensable or non-compensable:
(a) Compensable Excusable Delay. Excusable Delay is compensable
when (i) the delay extends the Contract Time, (ii) is caused by
circumstances beyond the control of the CONTRACTOR or its
subcontractors, suppliers or vendors, and (iii) is caused solely by
fraud, bad faith or active interference on the part of CITY or its
agents. In no event shall CONTRACTOR be compensated for
interim delays which do not extend the Contract Time.
CONTRACTOR shall be entitled to direct and indirect costs for
Compensable Excusable Delay. Direct costs recoverable by
CONTRACTOR shall be limited to the actual additional costs allowed
pursuant to Article 38 hereof.
CITY and CONTRACTOR recognize and agree that the amount of
CONTRACTOR's precise actual indirect costs for delay in the
performance and completion of the Work is impossible to determine as of
the date of execution of the Contract Documents, and that proof of the
precise amount will be difficult. Therefore, indirect costs recoverable by
the CONTRACTOR shall be liquidated on a daily basis for each day the
Contract Time is delayed due to a Compensable Excusable Delay. These
liquidated indirect costs shall be paid to compensate CONTRACTOR for
all indirect costs caused by a Compensable Excusable Delay and shall
include, but not be limited to, all profit on indirect costs, home office
overhead, acceleration, loss of earnings, loss of productivity, loss of
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bonding capacity, loss of opportunity and all other indirect costs incurred
by CONTRACTOR. The amount of liquidated indirect costs recoverable
shall be N/A per day for each calendar day the Contract is delayed
due to a Compensable Excusable Delay.
(b) Non-Compensable Excusable Delay. When Excusable Delay is
(i) caused by circumstances beyond the control of CONTRACTOR,
its subcontractors, suppliers and vendors, and is also caused by
circumstances beyond the control of the CITY or CONSULTANT, or
(ii) is caused jointly or concurrently by CONTRACTOR or its
subcontractors, suppliers or vendors and by the CITY or
CONSULTANT, then CONTRACTOR shall be entitled only to a time
extension and no further compensation for the delay.
42. Substantial Completion:
When CONTRACTOR considers that the Work, or a portion thereof designated
by CITY pursuant to Article 29 hereof, has reached Substantial Completion,
CONTRACTOR shall so notify CITY and CONSULTANT in writing.
CONSULTANT and CITY shall then promptly inspect the Work. When
CONSULTANT, on the basis of such an inspection, determines that the Work or
designated portion thereof is substantially complete, it will then prepare a
Certificate of Substantial Completion in the form attached hereto as Form 00925
which shall establish the Date of Substantial Completion; shall state the
responsibilities of CITY and CONTRACTOR for security, maintenance, heat,
utilities, damage to the Work, and insurance; and shall list all Work yet to be
completed to satisfy the requirements of the Contract Documents for Final
Completion. The failure to include any items of corrective work on such list does
not alter the responsibility of CONTRACTOR to complete all of the Work in
accordance with the Contract Documents. Warranties required by the Contract
Documents shall commence on the date of Substantial Completion of the Work
or designated portion thereof unless otherwise provided in the Certificate of
Substantial Completion. The Certificate of Substantial Completion shall be
submitted to CITY through the Contract Administrator and CONTRACTOR for
their written acceptance of the responsibilities assigned to them in such
Certificate.
43. No Interest:
Any monies not paid by CITY when claimed to be due to CONTRACTOR under
this Agreement, including, but not limited to, any and all claims for contract
damages of any type, shall not be subject to interest including, but not limited to
prejudgment interest. However, the provisions of CITY's prompt payment
ordinance, as such relates to timeliness of payment, and the provisions of
BID NO: 76-01102
DATE: 08/22/02
CITY OF MIAMI BEACH
90
Section 218.74(4), Florida Statutes (1989) as such relates to the payment of
interest, shall apply to valid and proper invoices.
44. Shop Drawinos:
44.1. CONTRACTOR shall submit Shop Drawings as required by the Technical
Specifications. The purpose of the Shop Drawings is to show the
suitability, efficiency, technique of manufacture, installation requirements,
details of the item and evidence of its compliance or noncompliance with
the Contract Documents.
44.2. Within thirty (30) calendar days after the Project Initiation Date specified
in the Notice to Proceed, CONTRACTOR shall submit to CONSULTANT
a complete list of preliminary data on items for which Shop Drawings are
to be submitted and shall identify the critical items. Approval of this list by
CONSULTANT shall in no way relieve CONTRACTOR from submitting
complete Shop Drawings and providing materials, equipment, etc., fully in
accordance with the Contract Documents. This procedure is required in
order to expedite final approval of Shop Drawings.
44.3. After the approval of the list of items required in Section 44.2 above,
CONTRACTOR shall promptly request Shop Drawings from the various
manufacturers, fabricators, and suppliers. CONTRACTOR shall include
all shop drawings and other submittals in its certification.
44.4. CONTRACTOR shall thoroughly review and check the Shop Drawings
and each and every copy shall show this approval thereon.
44.5. If the Shop Drawings show or indicate departures from the Contract
requirements, CONTRACTOR shall make specific mention thereof in its
letter of transmittal. Failure to point out such departures shall not relieve
CONTRACTOR from its responsibility to comply with the Contract
Documents.
44.6. CONSULTANT shall review and approve Shop Drawings within fifteen
(15) calendar days from the date received, unless said Drawings are
rejected by CONSULTANT for material reasons. 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: 76-01102 CITY OF MIAMI BEACH
DATE: 08/22/02 91
44.7. No approval will be given to partial submittals of Shop Drawings for items
which interconnect and/or are interdependent where necessary to
properly evaluate the design. It is CONTRACTOR's responsibility to
assemble the Shop Drawings for all such interconnecting and/or
interdependent items, check them and then make one submittal to
CONSULTANT along with its comments as to compliance,
noncompliance, or features requiring special attention.
44.8. If catalog sheets or prints of manufacturers' standard drawings are
submitted as Shop Drawings, any additional information or changes on
such drawings shall be typewritten or lettered in ink.
44.9. CONTRACTOR shall submit the number of copies required by
CONSULTANT. Resubmissions of Shop Drawings shall be made in the
same quantity until final approval is obtained.
44.10. CONTRACTOR shall keep one set of Shop Drawings marked with
CONSULTANTs approval at the job site at all times.
45. Field Lavout of the Work and Record Drawinos:
45.1. The entire responsibility for establishing and maintaining line and grade in
the field lies with CONTRACTOR. CONTRACTOR shall maintain an
accurate and precise record of the location and elevation of all pipe lines,
conduits, structures, maintenance access structures, hand holes, fittings
and the like and shall prepare record or "as-built" drawings of the same
which are sealed by a Professional Surveyor. CONTRACTOR shall
deliver these records in good order to CONSULTANT as the Work is
completed. The cost of all such field layout and recording work is
included in the prices bid for the appropriate items. All record drawings
shall be made on reproducible paper and shall be delivered to
CONSULTANT prior to, and as a condition of, final payment.
45.2. CONTRACTOR shall maintain in a safe place at the Project site one
record copy of all Drawings, Plans, Specifications, Addenda, written
amendments, Change Orders, Field Orders and written interpretations
and clarifications in good order and annotated to show all changes made
during construction. These record documents together with all approved
samples and a counterpart of all approved Shop Drawings shall be
available at all times to CONSULTANT for reference. Upon Final
Completion of the Project and prior to Final Payment, these record
documents, samples and Shop Drawings shall be delivered to the
Contract Administrator.
BID NO: 76-01102 CITY OF MIAMI BEACH
DATE: 08/22/02 92
45.3. Prior to, and as a condition precedent to Final Payment, CONTRACTOR
shall submit to CITY, CONTRACTOR's record drawings or as-built
drawings acceptable to CONSULTANT.
46. Safetv and Protection:
46.1. CONTRACTOR shall be solely responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the
Project. CONTRACTOR shall take all necessary precautions for the
safety of, and shall provide the necessary protection to prevent damage,
injury or loss to:
46.1.1. All employees on the work site and other persons who may be
affected thereby;
46.1.2. All the work and all materials or equipment to be incorporated
therein, whether in storage on or off the Project site; and
46.1.3. Other property at the Project site or adjacent thereto, including
trees, shrubs, lawns, walks, pavements, roadways, structures
and utilities not designated for removal, relocation or
replacement in the course of construction.
46.2. CONTRACTOR shall comply with all applicable laws, ordinances, rules,
regulations and orders of any public body having jurisdiction for the safety
of persons or property or to protect them from damage, injury or loss; and
shall erect and maintain all necessary safeguards for such safety and
protection. CONTRACTOR shall notify owners of adjacent property and
utilities when prosecution of the work may affect them. All damage, injury
or loss to any property referred to in Sections 46.1.2 and 46.1.3 above,
caused directly or indirectly, in whole or in part, by CONTRACTOR, any
Subcontractor or anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable, shall be remedied by
CONTRACTOR. CONTRACTOR's duties and responsibilities for the
safety and protection of the work shall continue until such time as all the
Work is completed and CONSULTANT has issued a notice to CITY and
CONTRACTOR that the Work is acceptable except as otherwise provided
in Article 29 hereof.
46.3. CONTRACTOR shall designate a responsible member of its organization
at the Work site whose duty shall be the prevention of accidents. This
person shall be CONTRACTOR'S superintendent unless otherwise
designated in writing by CONTRACTOR to CITY.
BID NO: 76-01102 CITY OF MIAMI BEACH
DATE: 08/22/02 93
[X] 47.
Final Bill of Materials:
CONTRACTOR shall be required to submit to CITY and CONSULTANT a final
bill of materials with unit costs for each bid item for supply of materials in place.
This shall be an itemized list of all materials with a unit cost for each material and
the total shall agree with unit costs established for each Contract item. A Final
Certificate for Payment cannot be issued by CONSULTANT until CONTRACTOR
submits the final bill of materials and CONSULTANT verifies the accuracy of the
units of Work.
48. Pavment bv CITY for Tests:
Except when otherwise specified in the Contract Documents, the expense of all
tests requested by CONSULTANT shall be borne by CITY and performed by a
testing firm chosen by CONSULTANT. For road construction projects the
procedure for making tests required by CONSULTANT will be in conformance
with the most recent edition of the State of Florida, Department of Transportation
Standard Specifications for Road and Bridge Construction. The cost of any
required test which CONTRACTOR fails shall be paid for by CONTRACTOR.
49. Proiect Sian:
Any requirements for a project sign shall be as set forth within the Technical
Specifications section.
50. Hurricane Precautions:
50.1. During such periods of time as are designated by the United States
Weather Bureau as being a hurricane warning or alert, the
CONTRACTOR, at no cost to the CITY, shall take all precautions
necessary to secure the Project site in response to all threatened storm
events, regardless of whether the CITY or CONSULTANT has given
notice of same.
50.2. Compliance with any specific hurricane warning or alert precautions will
not constitute additional work.
50.3. Additional work relating to hurricane warning or alert at the Project site
will be addressed by a Change Order in accordance with Section 37,
General Conditions.
50.4. Suspension of the Work caused by a threatened or actual storm event,
regardless of whether the CITY has directed such suspension, will entitle
BID NO: 76-01102 CITY OF MIAMI BEACH
DATE: 08/22/02 94
the CONTRACTOR to additional Contract Time as noncompensable,
excusable delay, and shall not give rise to a claim for compensable delay.
51. Cleanino UP: Citv's Rioht to Clean Up:
CONTRACTOR shall at all times keep the premises free from accumulation of
waste materials or rubbish caused by its operations. At the completion of the
Project, CONTRACTOR shall remove all its waste materials and rubbish from
and about the Project as well as its tools, construction equipment, machinery and
surplus materials. If CONTRACTOR fails to clean up during the prosecution of
the Work or at the completion of the Work, CITY may do so and the cost thereof
shall be charged to CONTRACTOR. If a dispute arises between CONTRACTOR
and separate contractors as to their responsibility for cleaning up, CITY may
clean up and charge the cost thereof to the contractors responsible therefor as
CONSULTANT shall determine to be just.
52. Removal of Eouipment:
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. Eoual Emplovment Opportunitv. 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: 76-01/02
DATE: 08/22/02
CITY OF MIAMI BEACH
95
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: 76-01/02
DATE: 08/22/02
CITY OF MIAMI BEACH
96
00900. SUPPLEMENTARY CONDITIONS:
BID NO: 76-01102
DATE: 08/22/02
CITY OF MIAMI BEACH
97
00920. ADDITIONAL ARTICLES:
[] 1.
Prevailina Waae Rate Ordinance.
This Project is not federally funded. City of Miami Beach Ordinance No,
94-2960 provides that in all non-federally funded construction contracts in
excess of one million dollars to which the City of Miami Beach is a party,
the rate of wages and fringe benefits, or cash equivalent, for all laborers,
mechanics and apprentices employed by any contractor or subcontractor
on the work covered by the contract, shall not be less than the prevailing
rate of wages and fringe benefit payments or cash equivalence for similar
skills or classifications of work, as established by the Federal Register, in
the City of Miami Beach, Florida. The provisions of this Ordinance shall
not apply to the following projects:
a. water, except water treatment facilities and lift stations;
b. sewer, except sewage treatment facilities and lift stations;
c. storm drainage;
d. road construction, except bridges or structures requiring
pilings; and
e. beautification projects, which may include resurfacing new
curbs, gutters, pavers, sidewalks, landscaping, new lighting,
bus shelters, bus benches and signage.
[*NOTE: INSERT IF APPLICABLE]
[] 2.
Federal Grant Proiects:
2.1. By virtue of the fact that the funding of this Project will be delivered
in full or in part from the United States government through
, federal assurances must
follow the grant application in addition to any and all supervening
assurances set forth in Rules and Regulations published in Federal
Register or CFR.
2.2. Clauses, terms or conditions required by federal grantor agency are
hereby attached and made a part of this Project Manual.
BID NO: 76-01102 CITY OF MIAMI BEACH
DATE: 08/22/02 98
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.
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: 76-01102
DATE: 08/22/02
CITY OF MIAMI BEACH
99
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)
COUNTY OF
)
) SS
)
STATE 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.
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: 76-01102
DATE: 08/22/02
CITY OF MIAMI BEACH
100
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: 76-01102
DATE: 08/22/02
CITY OF MIAMI BEACH
101
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.
DATE
CONSULTANT
BY
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.
DATE
CONSULTANT
BY
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: 76-01102
DATE: 08/22/02
CITY OF MIAMI BEACH
102
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.
DATE
CONSULTANT
BY
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: 76-01102
DATE: 08/22/02
CITY OF MIAMI BEACH
103
00930. FORM OF FINAL RECEIPT:
[The following form will be used to show receipt of final payment for this Contract.]
FINAL RECEIPT FOR CONTRACT NO.
Received this day of , 20 , from City
of Miami Beach, Florida, the sum of Dollars
($ ) as full and final payment to CONTRACTOR for all work and materials
for the Project described as:
This sum includes full and final payment for all extra work and material and all
incidentals.
CONTRACTOR hereby indemnifies and releases CITY from all liens and claims
whatsoever arising out of the Contract and Project.
CONTRACTOR hereby certifies that all persons doing work upon or furnishing
materials or supplies for the Project have been paid in full. In lieu of this certification
regarding payment for work, materials and supplies, CONTRACTOR may submit a
consent of surety to final payment in a form satisfactory to CITY.
CONTRACTOR further certifies that all taxes imposed by Chapter 212, Florida
Statutes (Sales and Use Tax Act), as amended, have been paid and discharged.
[If incorporated sign below.]
CONTRACTOR
ATTEST:
(Name of Corporation)
By:
(Signature)
(Secretary)
(Print Name and Title)
(Corporate Seal)
_ day of
,20_.
F:IA TTOIAGURIAGREEMNTlfrontendlstdfrm.fttend. fnl.doc
BID NO: 76-01/02
DATE: 08/22/02
CITY OF MIAMI BEACH
104
[If not incorporated sign below.]
CONTRACTOR
WITNESSES:
(Name of Firm)
(Signature)
(Print Name and Title)
_ day of
,20_.
By:
F:IATTOIAGURIAGREEMNTlfrontendlstdfrm.fttend.fnl.doc
BID NO: 76-01102
DATE: 08/22/02
CITY OF MIAMI BEACH
105
[ ] 00950. DRAWINGS INDEX: N/A
I. Specifications/Drawings for the HVAC RENOVATIONS OF THE 10TH
STREET OCEAN FRONT AUDITORIUM has been prepared by N/A .
BID NO: 61-01102
DATE: 08/22/01
CITY OF MIAMI BEACH
106
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 Addendums to the
Contract Documents. (Please see page 112)
BID NO: 61-01102
DATE: 08/22/01
CITY OF MIAMI BEACH
107
02000. TECHNICAL SPECIFICATIONS:
BID NO. 76-01/02
HVAC RENOVATIONS FOR THE 10TH STREET
OCEAN FRONT AUDITORIUM
SCODe of work
Contractor shall remove two existing air conditioning units in the second floor
mechanical room. All existing support steel frames shall be removed. Contractor
shall furnish and install one new air conditioning unit, support frames, duct work,
canvas connectors, controls, electrical, plumbing, duct smoke detectors,
engineering drawings and permits necessary to successfully complete the work.
1. General
1.1. The contractor shall remove two (2) existing thirty tons water cooled
condensing units, one (1) sixty tons evaporator coil and one (1) air handling
blower wheel assembly. Contractor shall remove interior walls to allow for
the installation of new equipment. Contractor shall furnish one (1) new sixty
tons air conditioning unit. Unit shall be direct expansion evaporator with
water cooled condensers. Contractor shall furnish all controls, equipment,
crane, labor, material, masonry, electrical and plumbing work, engineering
drawings and permits to successfully complete the work. All work shall be
completed in accordance with the Florida Building Code and all other
applicable codes, and in a manner consistent with industry standards. Any
waiver of permit fees shall be solely determined by the Building
Department. Contractor shall verify that new units comply with outside air
requirements as outlined by ASHRAE and any other guidelines applicable
to the work being performed. The City shall not supply any current
engineering drawings or heat load calculations.
1.2. Contractor shall furnish at the time of bid submittal a list of the proposed
equipment and their corresponding specifications.
1.4 Contractor shall obtain all engineering plans, heat load calculations and
permits required to successfully complete this job. In addition, contractor
shall comply with any and all requirements set forth by the City of Miami
Beach Building Department.
BID NO: 76-01/02 CITY OF MIAMI BEACH
DATE: 08/22/02 108
2. EauiDment list
2.1 The following is a list of the equipment to be replaced:
Unit type Make
Condensing unit Trane
Condensing unit Trane
60 Ton Evaporator Coil
Air Handler blower Assembly
Model number Voltage/Phase
n/a 208/230/3
n/a 208/230/3
3. DisDosal
3.1. All equipment, steel supports, duct work, and any other debris resulting
from the replacement of these air conditioning equipment shall be removed
for disposal by the Contractor. The City shall reserve the right to salvage
any component deemed useful.
4. New HVAC eauiDment
4.1. Contractor shall furnish one (1) new sixty tons air conditioning unit. Unit
shall be direct expansion evaporator with water cooled condensers. The
new equipment shall be Trane or Carrier, and shall be of equal cooling
capacity, and voltage as existing equipment. Contractor shall verify all
tonnages and voltages, and system compatibility with existing cooling
tower.
4.1.1. New unit shall have two refrigerant circuits with two compressors per
circuit. Compressors shall not be screw type.
4.1.2. Unit shall be furnished with filter section and flexible canvas duct
connectors.
4.1.3. Fire dampers and duct smoke and fire detectors shall be furnished
as required by the Building code.
4.1.4. Units shall have vibration eliminators (springs).
4.1.5. Water cooled condensers shall be nickel plated for corrosion
protection.
4.1.6. Condensing units shall be relocated to a more desirable and
practical location on the roof that would allow for easy service
access.
4.1.7. Units shall be supplied with two stage heating.
4.2. Contractor shall replace one (1) existing condenser water pump with two
(2) new condenser water pumps. One pump shall be a back-up.
BID NO: 76-01102 CITY OF MIAMI BEACH
DATE: 08/22/02 109
5. Controls
5.1. Units shall be supplied with cooling and heating controls.
6. Electrical
6.1 Contractor shall be responsible for the electrical work necessary to
complete the job.
6.1.1. Contractor shall furnish stainless steel disconnects.
7. Plumbina
7.1 Contractor shall install and secure all drain lines and condenser water
lines.
7.1.1. Contractor shall supply and install two new condenser water pumps.
One pump shall be sufficient to handle g.p.m. requirements. Second
pump shall be back-up.
7.1.2. Contractor shall supply condenser water pressure regulating valves.
7.1.3. Contractor shall supply isolation valves on condenser water pipes.
8. Masonrv
8.1 Contractor shall be responsible for the removal of all walls necessary for
the removal of existing HVAC systems and installation of the new HVAC
systems.
8.2 Contractor shall supply and install all outside doors in mechanical room
upon completion of HVAC installation, and close all openings in walls
resulting from this job.
9. EauiDment
9.1 Contractor shall supply all cranes, lifts, hoists, and all other equipment
necessary to lift, remove, install and discard of all debris, install new units,
and successfully complete the work.
BID NO: 76-01102 CITY OF MIAMI BEACH
DATE: 08/22/02 110
BID NO. 76-01/02
HVAC RENOVATIONS FOR THE 10TH STREET
OCEAN FRONT AUDITORIUM
BID FORM
Page 1 of2
Our proposal includes the total cost for supplying all the work specified in this bid which consists of
furnishing a11labor, machinery, tools, means of transportation, supplies, equipment, materials, services
necessary for the HV AC Renovations for the IOf> Street Ocean Front Auditoriwn, in aceordance with the
Scope of Work and Specifications.
Lump Sum: $ 130,000.00
ONE HUNDRED THIRTY THOUSAND DOLLARS
Written Amount
Every effort should be made to avoid enlarging the door opening or making additional opening on the
outside wall If unit can not be partiaIly dismantled, or if alternate choice of unit is not available with the
adequate dimensions, then contractors sha1l be responsible for any masomy work necessmy to ins1al1 units
in mechanical room. Contractors sha1l provide a separate line item cost of the masomy work, including any
structW'al. engineering costs, if applicable. Contractor sha1l also provide a separate line item cost for the
replacement of the existing doors, if applicable.
Please provide unit prices for the following two Items If aDDllcable (these costs shall
already be Included In the Lump Sum Bid Amount):
1. MASONRY WORK (including structural engineering costs):
$ 3,000.00
2. REPLACEMENT OF. THE EXlSllNG DOORS:
$ NOT APPLICABLE
Note: The City reserves the right to deduct Item 1 or 2 or both from the current Scope
of Work, should this be In the City's best Interest.
FIRM'S NAME (Print or Type):
SIGNATURE:
FRANCISCO X. PEREZ
TITLE/PRINTED NAME:
2897
MIAMI, FL 33155
ADDRESS:
TELEPHONE NUMBER:
(30 5) 267 - 77 4 8 FAX: ( 3 0 5) 267 - 77 9 8
BID NO: 7tHll/02
DATE: 0&'22102
CI1Y OF ML\MI BEACH AMENDI!D
111 1&'23iU.2
BID NO. 76-01/02
HVAC RENOVATIONS FOR THE 10TH STREET
OCEAN FRONT AUDITORIUM
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 a "Not to Exceed" HOURLY LABOR RATE, to include
labor, equipment use, travel time, and any other cost to the Contractor at:
$ 150.00 p/h.
(Note: This "Not to Exceed" HOURL Y LABOR RA TE is subject to be negotiated by the City
Manager, or designated representative.)
FIRM'S NAME (Print or Type):
SIGNATURE:
TITLE/PRINTED NAME:
X. PEREZ
MIAMI, FL 33155
2897
ADDRESS:
TELEPHONE NUMBER:
FAX:
(305) 267-7798
BID NO: 76-01J02
DATE: 0II/.UIIl2
crrv OF MIAMI BEACH
111-1
AMENDED
lCW23102
04000. ACKNOWLEDGEMENT OF ADDENDA
Invitation for Bid No. 76.01/02
Directions: Complete Part I or Part II, whichever applies.
Part I: Listed below are the dates of issue for each Addendum received in connection
with this Bid:
Addendum No.1, Dated
9/17/02
9/23/02
10/08/02
Addendum No.2, Dated
Addendum No.3, Dated
Addendum No.4, Dated
10/17/02
10/23/02
Addendum No.5, Dated
Part II:
No addendum was received in connection with this Bid.
Verified with Procurement staff
Date
Name of Staff
FXP CORP
11/1/0'2-
Date
BID NO: 76-01101
DATE: 08122102
CITY OF MIAMI BEACH
111
05000.
CUSTOMER REFERENCE LISTING
BID NO. 76-01/02
HVACE RENOVATIONS OF THE 10TH STREET OCEAN
FRONT AUDITORIUM
CUSTOMER REFERENCE LISTING
Contractor's shall furnish the names, addresses, and telephone numbers of a minimum
of eight (8) firms or government organizations for which the Contractor is currently
furnishing or has furnished HVAC Renovation services and submit a minimum of four
separate completed projects, each with $50,000.00 or higher in construction work. (See
Minimum Requirements, Page 7)
1) CompsnyName FLORIDA INTERNATIONAL UNIVERSITY
Address
UNIVERSITY PARK CAMPUS, MIAMI, FL
WILLIAM POWER 7 $287,000.00
Contact Person/Contract Amount
Telephone Number (305) 348-4667Fax: (305) 348-4010
Company Name
Address
Contact Person/Contract Amount WALTER WADSWORTH / $232,000.00
TelephoneNumber (954) 974-3262Fax: (954) 974-3272
2)
3)
Company Name
Address
PADULA & WADSWORTH CONSTRUCTION
2100 N. ANDREWS AVE EXT, POMPANO BEACH, FL
AFCO CONSTRUCTORS
1804 MADRID WAY, BOCA RATON, FL
ALDO FERRERA / $263,000.00
Contact Person/Contract Amount
(561) 338-2160
Fax:
Telephone Number
4)
Company Name
Address
(561) 338-5037
BROWARD CO. PORT EVERGLADES DEPT
1850 ELLER DRIVE, FT LAUDERDALE, FL
Contact Person/Contract Amount ISRAEL ROZENTAL / $371,025.00
Telephone Number (954) 523-3404Fax: (954) 765-5389
BID NO: 76-01102
DATE: 08122102
CITY OF MIAMI BEACH
113
5)
6)
7)
8)
BID NO: 76-01102
DATE: 08/22102
Company Name
Address
ARELLANO CONSTRUCTION
7255 NW 19 ST, STE B, MIAMI, FL
Contact Person/Contract Amount JORGE RODRIGUEZ / $100,306.51
Telephone Number (305) 994-9901 Fax: (305) 994-9903
Company Name
Address
FLORIDA INTERNATIONAL UNIVERSITY
UNIVERSITY PARK CAMPUS, MIAMI, FL
Contact Person/Contract Amount ENRIQUE FERNANDEZ / $237,000.00
Telephone Number( 305) 348-4000 Fax: (305) 348-4010
Company Name
Address
CDC BUILDERS
104 CRANDON BLVD, STE 300, KEY BISCAYNNE, FL
Contact Person/Contract Amount MAURO COMU Z Z I / $ 3 5 0 , 000 . 00
TelephoneNumber (305) 361-8711Fax: (305) 365-9244
Company Name
Address
FLORIDA INTERNATIONAL UNIVERSITY
UNIVERSITY PARK CAMPUS, MIAMI, FL
Contact Person/Contract Amount WILLIAM POWER / $204,000.00
Telephone Number (305) 348-4667Fax: (305) 348-4010
CITY OF MIAMI BEACH
114
~# 0077150
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONST INDUSTRY LICENSING BOARD SEQ#Ol062901007
06 29 2001 00902829 B -0013547
The BUSINESS ORGANIZATION
N~ed below IS QUALIFIED
Under the provisions of Chapter 489 FS.
Expiration date: AUG 31, 2003
(THIS IS NOT A LICENSE TO PERFORM WORK. THIS ALLOWS THE
COMPANY TO DO BUSINESS ONLY IF IT HAS A QUALIFIER,)
F X P CORP
2897 SW 69 COURT
MIAMI
FL 33155
JEB BUSH
GOVERNOR
DISPLAY AS REQUIRED BY LAW
KIM BINKLEY-SEYER
SECRETARY
~::::::7:BR
The MECHANICAL CONTRACTOR
Named below IS CERTIFIED
Under the provisions of Chapter
Expiration date: AUG 31, 2004
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION SEQ#L02082S00420
CONSTRUCTION INDUSTRY LICENSING BOARD
I
~#0549311
489 FS.
PEREZ, FRANCISCO
F X P CORP
5555 SW 67TH AVE
MIAMI
XAVIER
#107
FL 33155
JEB BUSH
GOVERNOR
DISPLAY AS REQUIRED BY LAW
KIM BINKLEY-SEYER
SECRETARY
~tatt of Jtfloril'ra
I$oar~ of Jrousshnml ~ngi~rs
.JJt1~ ditl
Francisco Xavier Perez, PE
t4dce7;ud'HU'~J' ~ /J'&~ &/~ky'tIeJ' .J.7d', ~mk ~.
EXPIRATION: FEB 28,2003
AUDIT NO: 23993
P.E. NUMBER: 45968
DISPLAY AS REQUIRED BY LAW
~tatt of Jtf1oril'ra
'lillctr~ of Jrofcssimml '![ngi~rs
~dd
F X P Corp.
iJ ke-ltJtI~ un'h, d j1'MJiJWIlJ ~C(f#~1' ./- U. tl~.t .i}idN~ ~ud~. .9'~ [}f/JoHl' ~"'J:Z~ d .INN !tJ j#I"JJW
Ij<<'j'lr"nl',~~:Jt{;Jlnl'q;,,?JjM#N tfUJ,JtI~!& jWlcJu m d SItek t/.'#~I'<<h U. ~1' }~/ln/ iJlJl't'tCBJ
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EXPIRATION: FEB 28,2003 CERtiFICATE OF AUTHORIZATION NUMBER: 00007491
AUDIT NO: 3347
DISPLAY AS REQUIRED BY LAW
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FRANCISCO X PEREZ, P.E.
REGISTERED PROFESSIONAL ENGINEER, PE#45968
CERTIFIED MECHANICAL CONTRACTOR, CMC#057078
STATE OF FLORIDA, USA
WORK EXPERIENCE:
PRESIDENT
FXP Corp
Miami, Florida
Construction Project Manager/procurement officer for several projects for
private clients, Florida International University, the U.S. Army, U.S. Air
Force, Panama Canal Commission and the Panamanian government in
Panama.
Ritz Carlton Spa, Key Biscayne, Miami
Provision of new AlC system, $326,000
FlU, Miami, FL
Several Renovations, $238,000
Policlinica de la Chorrera, Caja de Seguro Social, Panama,
Provision of completely new Chilled Water AlC System, $1,005,000
Policlinica de Santiago, Caja de Seguro Social, Panama, 1998-1999
Provision of completely new Chilled Water AlC System, $1,014,776
Miraflores Fire Station, Panama Canal Commission, Panama 1997-1998
Construction of a brand new fire station, $1,200,000, including site work,
civil and architectural works, mechanical, electrical and plumbing work.
Provide Instrumentation and Control Systems, Army Corps of Engineers.
Provision of new DDC system to control several remotely located chiller
plants from a central location. Fort Kobee, Fort Clayton, Curundu Jr.
High School, Panama, $200,000
Various Repairs, U.S. Army Corps of Engineers,
Demolition and Installation of new AlC partial systems, $341,000
Repair AlC System Base Theater, Howard Air Force Base, 1996-1997
Demolition and Installation of a new AlC system for the base theater,
$179,000
1996-present
2000
2000
1999
1997
1997
PROJECT MANAGER
W oIfberg Alvarez and Partners 1989-1996
Miami, Florida
Veterans Administration Medical Center
West Palm Beach, Florida 1993-1996
Project Manager for a new $110,000,000, 400-bed VA medical center.
Responsibilities included Contract Administration - Construction
Documents administration, Request for Information and Shop Drawing
review and coordination among all disciplines-, field inspections (include
detailed HV AC and cursory electrical, plumbing, structural and architectural
inspections), billings, scheduling of work, supervision of architectural and
engineering staff, review and final decision on all technical and
administrative issues.
Francisco X. Perez, P .E.
Resume page 2
Mount Sinai Medical Center
Miami Beach, Florida 1993-1996
Project Manager for a new $9,500,000, Comprehensive Cancer Center.
Responsibilities included Contract Administration Construction
Documents administration, Request for Information and Shop Drawing
review and coordination among Mechanical, Electrical and Plumbing-, field
inspections (include detailed HV AC and cursory electrical and plumbing
inspections), billings, scheduling of work, supervision of engineering staff,
review and final decision on all technical and administrative issues.
Veterans Administration Medical Center
Miami, Florida 1996
Project Manager for $2,500,000 interior remodeling project which included
the conversion of the 12th floor wards C & D into a new 24-patient aids
ward with capacity to change from negative to neutral or to positive air
pressure in all 24 rooms. The relocation of the hemodialysis area to a
different floor was also included. Responsibilities included Contract
Administration - Construction Documents administration, Request for
Information and Shop Drawing review and coordination among all
disciplines-, field inspections (include detailed HV AC and cursory electrical,
plumbing, structural and architectural inspections), billings, scheduling of
work, supervision of architectural and engineering staff, review and final
decision on all technical and administrative issues.
Miami Jewish Home and Hospital for the Aged
Miami, Florida 1995-1996
Project Manager for a new entry and parking for the MJHHA.
Responsibilities included Construction Documents preparation and
Construction Administration, billings, scheduling of work, supervision of
architectural and engineering staff, review and final decision on all technical
and administrative issues.
Schering Laboratories
Miami, Florida
Project Manager for various renovations
laboratory and office building.
1995-1996
in an existing manufacturing,
North American Biological Inc.
Miami, Florida
Project Manager for various
laboratory and office building.
1994-1996
renovations in an existing manufacturing,
Francisco X. Perez, P.E.
Resume page 3
PROJECT ENGINEER
Wolfberg Alvarez and Associates
Miami, Florida
1989-1996
HV AC design engineer in the following areas and projects:
C'OMMFRC'TAT RTJIl OWOS
Specs Music Store, Miami Beach, Florida
Design of a new 30,000 S.F. music store. Rooftop DX units.
Coulter Technology Center, Miami, Florida.
Design ofa new central chiller plant with a capacity of 1500 tons (2-750 ton
chillers) and renovation of existing commercial buildings. Total
Construction cost, $20,000,000.
Cordis Corporation, Miami, Florida
Several renovations to existing commercial facilities.
Miami Jewish Home and Hospital for the Aged, Miami, Florida
Design of a new Day Care Center, Hospitality Center, new high rise (12
floors) residential condominiwn provided with heat pumps/cooling tower
system, smoke removal design.
HFAT THC'ARF FAC'Il TTTFS
Veterans Administration Medical Center, Palm Beach, Florida. Design ofa
new $110,000,000 400-bed V A Hospital. Design of 2700 tons composed of
three (3) 900 centrifugal chillers and respective cooling towers and pwnps.
Pwnping system consisted on a primary/secondary pumping system.
Manatee Glens Hospital, Sarasota, Florida.
Design of a new 20-bed Crisis Stabilization Unit and renovations to the
existing Glenn Oaks Complex. Split DX systems.
Veterans Administration Medical Center, Miami, Florida
Design of a new 24-patient room AIDS ward. Chilled Water system.
Conversion of the 12th floor wards C & D into a new 24-patient aids ward
with capacity to change from negative to neutral and/or to positive air
pressure in all 24 rooms
POTTC'ATTONAT FAC'Il TTIFS
Additions/alterations to the following schools:
Dunbar Elementary School, Dade County, Florida.
Horace Mann Middle School, Dade County, Florida.
Westwood Heights Elementary School, Broward County, Florida
C'ORRFC'TIONAT. FAC'Il.TTTFS
Metropolitan Detention Center, Miami, Florida.
Design of a new $50,000,000 Federal Detention Center in downtown
Miami with capacity for 1000 inmates. Chilled water system (1200 tons of
refrigeration). HV AC system included the provision of three (3) 400-ton
chillers with cooling towers, pwnps. Primary/secondary pumping system.
Francisco X. Perez, P .E.
Resume page 4
Juvenile Correctional Facility, Palm Beach. Florida.
Design of a new $2,000,000 Correctional Facility with capacity for 100
inmates.
Federal Correctional Complex, Coleman, Florida (Spillis Candela and
Partners) HV AC project engineer for a $110,000,000 correctional complex
consisting of 3 correctional institutions, and support facilities.
Responsibilities included complete HV AC design development documents.
HOTPI !':
Clarion Hotel, Hollywood, Florida.
Complete replacement of the air conditioning system.
J)PPARTMPNT OF J)F.FPN!':F.
Muniz Naval Station, Puerto Rico
Composite Squadron Operations Facility, Puerto Rico
Special Fuels Facility, Puerto Rico
Design of air conditioning systems for new facilities.
Howard Air Force Base, Panama
Several renovations to existing buildings, including the design for
replacement and upgrading of air conditioning systems for more than ten
(10) buildings, totaling more than 1000 tons of refrigeration.. Provision of
chilled water systems and DX systems.
REGISTRA TIONCertified Mechanical Contractor CMC 1999
Registered Professional Engineer P .E. 1992.
E.F.C.O. (Educational Facilities Compliance Officer), 1994. Responsible
for issuing the C.O. (certificate of occupancy for schools in Florida).
EDUCATION:
CODES/
STANDARDS:
SOFfW ARE:
Master of Science in Mechanical Engineering (MSME)
Columbia University, New York, 1988.
B.E. in Engineering Science
Hofstra University, New York, 1986.
Working knowledge ofNFPA, NEC, Standard Building Code (SBC), South
Florida Building Code (SFBC), OSHA, FAR, EP A, ANSI, SMACNA,
ASHRAE, AMCA, ARl, ASME, ASTM, cn, Several Government and
Military Standards and Manuals.
AUTOCAD
MS EXCEL
MS WORD
LOTUS 123
SEVERAL COMPUTER ENGINEERING CALCULA nONS
PROGRAMS
WORD PERFECT.
Francisco X. Perez, P.E.
Resume page 5
AFFILIATIONS: American Society of Heating, Refrigerating and Air-Conditioning
Engineers, Inc.
PABLO A. JIMENEZ
SUPERINTENDENT
EXPERIENCE
._.....__.~-_._,.- _.._._-,-_.~.- .... -_..._.._..._,."."......_-~
...--.........-........--.."". _...._--~-_.,,_..__._---'-_.._.-
2002 FXP Corporation
Superintendent
. Supervision of installation team.
. Conduct safety inspections & meetings.
. Project Coordinating
1999 - 2001 William R. Nash
EBdmator
. Estimating & drawings.
. Purchasing of all equipment and materials.
. In charge of maintaining budgets and reducing project expenses.
. Evaluating, organizing and planning of projects.
1989 - 1998 Fred McGilvray, Inc.
Project Manager / Estimator
. Estimating & drawings.
. Supervision.
. Project coordinating.
. Training of technicians.
. In charge of maintaining budgets and reducing project expenses.
. Evaluating, organizing and planning of projects.
. Assisting project engineers.
. Main Projects included Installation of a New 250 Ton Chiller at Florida
Adantic University, Refurbishing of the Main Mechanical Room
including installation of pumps & chillers at the Omni Mall without
service interruption & Installation of the IN AC System at the Old
Custom House Building in Key West, Florida.
EDUCATION
.--...--.-----.--..---.--.-.-...--.---..-----.-.....-...-.........-.-....---... -----.....--.----...---------
1960 University of Puerto Rico
Bllsilless Degree
Coursework/Seminars in Drafting & Air Conditioning
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, 99 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: 76-01/02
DATE: 08/22/02
CITY OF MIAMI BEACH
115
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: 76-01102
DATE: 08/22/02
CITY OF MIAMI BEACH
116
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, ~ H 4,5,3-4-92; Ord. No. 92-2785, ~ ~ 4,5,6-17-92)
Sec. 2-484. Sign-in logs.
In addition to the registration requirements addressed above, all city departments,
including the offices of the mayor and city commission, the offices of the city manager,
and the offices of the city attorney, shall maintain signed sign-in logs for all non city
employees or personnel for registration when they meet with any personnel as defined
in section 2-481.
(Ord. No. 92-2785, ~ 6,6-17-92)
Sec. 2-485. List of expenditures.
(a) On October 1 of each year, lobbyists shall submit to the city 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.
Definitions:
"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.
"Cone of silence" is hereby defined to mean a prohibition on:
1. Any communication regarding a particular request for proposal ("RFP"), request for
qualifications ("RFQ"), request for letters of interest ("RFLI"), or bid between a
potential vendor, service provider, bidder, lobbyist, or consultant and the city's
administrative staff including, but not limited to, the city manager and his or her
staff;
2. Any communication regarding a particular RFP, RFQ, RFLI, or bid between the
mayor, city commissioners, or their respective staffs, and any member of the city's
administrative staff including, but not limited to, the city manager and his or her
staff;
3. 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;
4. 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; and
5. Any communication regarding a particular RFP, RFQ, RFLI or bid between the
mayor, city commissioners or their respective staffs and any potential vendor,
service provider, bidder, lobbyist, or consultant.
Start of Cone of Silence. 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 Procurement Director shall provide for public
notice of the cone of silence. The Procurement Director shall include in any public
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solicitation for goods and services a statement disclosing the requirements of this
division.
Termination of Cone of Silence. 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.
Exceptions. The provisions of this section shall not apply to:
(a) Oral communications at pre-bid conferences;
(b) Oral presentations before evaluation committees;
(c) Contract discussions during any duly noticed public meeting;
(d) Public 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;
(f) Communications in writing at any time with any city employee, official or member
of the city commission, unless specifically prohibited by the applicable RFP,
RFQ, RFLI, or bid documents;
(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;
(h) Competitive processes for the award of CDBG, HOME, SHIP and Surtax Funds
administered by the city office of community development;
(i) Communications with the city attorney and his or her staff with anyone;
0) Communications regarding a particular RFP, RFQ or bid between the
Procurement Director or his/her designated secretarial/clerical staff responsible
for administering the procurement process for such RFP, RFQ or bid and a
member of the respective selection committee, provided the communication is
limited strictly to matters of process or procedure already contained in the
corresponding solicitation document;
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(k) Communications between the City Manager and the Chairperson of the election
Committee about a particular evaluation committee recommendation, only after
the committee has submitted a recommendation to the Manager and provided
that, should any change occur in the committee recommendation, the content of
the communication and of the corresponding change shall be described in writing
and filed by the Manager with the Clerk of the City and be included in any
recommendation memorandum submitted by the Manager to the City
Commission;
(I) Communications between a vendor, service provider, bidder, lobbyist or
consultant and the Procurement Director as long as the communication is limited
to matters of process or procedure; and
(m) Emergency procurements.
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.
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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 ETmCS PRIOR TO ENTERING INTO A
CONTRACJ' WIm 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 guide decisions and actions based on respect for the importance of
ethical business standards in the community; and
WHEREAS, the GMCC encourages its members to adopt the principles and
practices outlined in the Model Code; and
WHEREAS, the Commission believes that each entity which does business with
the City of Miami Beach should be required, as a condition of doing business with the
County to adopt a Code of Business Ethics.
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
Section 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 12th dayof April 2000
ATIEST: HJ/J
~YOR
APPFiOVEDMTO
fC;RM a LANGUAC:,':
& FOR EXECUTIOI.
- 7-c:1J
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GREATER MIAMI CHAMBER OF COMMERCE
MODEL CODE OF BUSINESS ETHICS
STATEMENT OF PURPOSE
The Greater Miami Chamber or CommerCe (,"GMGCj seeks to create and sustain an ethical business
elmate for its members and the community by edopting a Code of Business Ethics. The GMCC
encourages its members to incorporate the principles and practices outlined here in their indiviclual
codes of ethics which will guide their relationships with customers, clients and suppliers. This Model
Code can and should be prominently displayed at all business locations lInd may be Incorporated into
marketing materials. The GMCC beliews that lis membe,s should use this Code as a moder for the
development of their organizations' business codes Of ethics.
This Model Code is II atlltemenl of principles to heip !I~de decisions ll/ld lIClions bllsed on 'espeel fo, lbe
impo~lSnce of elhiClli business stlll1derds in Ihe community. The GMCC believes the lIdopdon of IS meninglul code
01 ethics is the responsibility of every business and professional Ofllll/lization.
eomDnanee with Government Rules & Reaulations
We will properly maintain all records and post all licenses and certlrK:lltes
in prominent places easily seen by our employees and customers;
In dealing with government agencies and employees, we will conduct business in
accordance with an applicable rules and regutations and In the open;
We will report contract Irregularilies and other improper or unlawful business
practices to the Ethics Commission. the Office Of Inspector General or
appropriate law enfo~ement authorities.
Recruitment. Selection & Comoensation of Vendors and SUDDnen
We will evoid 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. .
Busln... Accountina
All our rinancial 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 comply with an applicable safety and quality standards:
We wHI promote and advertise our business and its prodUCts or services in a
manner which Is not misleading and does not falsely disparage our competitors;
Doina Business with the Government
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We win conduct business with govemment 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 bld documents and arrived at
Inde~ndenllY;
Any challenges to contract,s awarded will have a substantive basis and not be
pursued merely because we. are thfl unsuccessful bidder;
. We will, to the best of our ability, perform government contrac:ts awarded at the
prlce and under the terms provided for In the contract. We will not submit inflated
invoices for goods provided or services performed under such contracts. and
claims will be made only for work actually performed. We will abide by all
contracting and subcontracting regulations.
We will nol, directly or Indirectly, offer to give a bribe or olhllfWise channel
kickbacks from contracts awarded, to government officials, their family members
or business associates.
We will not seek or expect preferential treatment on bids based on our
participation in political campaigns.
Public LIf. and Political CamDaiClns
We encourage all employees to participate in community life, public service and
the political process;
We encourage all employees to recruit, support and elect ethical and qualified
public officials and engage them in dialogue and debate about business and
community issues;
OUr contrlbutlons 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 contrlbutions made on behalf of the business must be reported to
senior company management; .
We will nol contribute to the campaigns. of persons who are convicted. felons or
those who do not sign the Fair Cllmpaign Practices Ordinance.
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 m below: a contractor so
excluded is debarred.
(f) Debarment Committee means a group of seven (7) individual members, each
appointed by the Mayor and individual City Commissioners, to evaluate and. if
warranted. to impose debarment,
(g) Preponderance Greater weight of the evidence means proof by information that,
compared with that opposing it , 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.
m List of debarred contractors means a list compiled, maintained and distributed
by the CityDS Procurement Office. containing the names of contractors debarred
under the procedures of this ordinance.
Section 2-399.
List of debarred contractors.
(a) The City's Procurement Office. is the agency charged with the implementation of
this ordinance shall:
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(1) Compile and maintain a current. consolidated list (List) of all contractors
debarred by City departments, Such List shall be public record and shall
be available for public inspection and dissemination;
(2) Periodically revise and distribute the List and issue supplements, if
necessary, to all departments. to the Office of the City Manager and to
the Mayor and City Commissioners: and
(3) Included in the List shall be the name and telephone number of the City
official responsible for its maintenance and distribution.
(b) The List shall indicate:
(1 )
(2)
(3)
(4)
(5)
(6)
(7)
(8)
The names and addresses of all contractors debarred. in alphabetical
order;
The name of the department that recommends initiation of the debarment
action;
The cause for the debarment action, as is further described herein. or
other statutory or regulatory authority;
The effect of the debarment action;
The termination date for each listing;
The contractor's certificate of competence or license number, when
applicable;
The person through whom the contractor is qualified, when applicable;
The name and telephone number of the point of contact in the
department recommending the debarment action.
(c) The City's Procurement Office shall:
Section 2-400.
(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,
Effect of debarment.
(a) Debarred contractors are excluded from receiving contracts, and departments
shall not solicit offers from award contracts to, or consent to subcontracts with
these contractors unless the City Manager determines that an emergency exists
justifying such action. and obtains approval from the Mayor and City
Commission, which approval shall be given by 517ths vote of the City
Commission at a regularly scheduled City Commission meeting. Debarred
contractors are also excluded from conducting business with the City as agents,
representatives, subcontractors or partners of other contractors.
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(d) Debarred contractors are excluded from acting as individual sureties.
Section 2-401.
Continuation of current contracts.
(a) Commencing on the effective date of this ordinance. all proposed City contracts.
as well as Request for Proposals (RFP). Request for Qualifications (RFO).
Requests for Letters of Interest (RFLI). or bids issued be the City. shall
incorporate this ordinance and specify that debarment may constitute grounds
for termination of the contract as well as disqualification from consideration on
any RFP, RFO. RFLI. or bid.
(b) The debarment shall take effect in accordance with the notice provided by the
City Manager pursuant to subsection 2-405(h) below. except that if a City
department has contracts or subcontracts in existence at the time the contractor
was debarred, the debarment period may commence upon the conclusion of the
contract. subject to approval of same be 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 517ths
vote of the Mayor and City Commission at a regularly scheduled meeting.
(d) No further work shall be awarded to a debarred contractor in connection with a
continuing contract where the work is divided into separate discrete groups and
the City's refusal or denial of further work under the contract will not result in a
breach of such contract.
Section 2-402.
Restrictions on subcontracting.
(a) When a debarred contractor is proposed as a subcontractor for any subcontract
subject to City approval, the department shall not consent to subcontracts with
such contractors unless the City Manager determines that an emergency exists
justifying such consent and the Mayor and City Commission approves such
decision by 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
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existence of a cause for debarment however, does not necessarily require that
the contractor be debarred; the seriousness of the contractor's acts or omissions
and any mitigating factors should be considered in making any debarment
decision.
(b) Debarment constitutes debarment of all officers, directors, shareholders owning
or controlling twenty-five (25) percent of the stock, partners, divisions or other
organizational elements of the debarred contractor, unless the debarred
decision is limited by its terms to specific divisions, organizational elements or
commodities. The Debarment Committee's decision includes any existing
affiliates of the contractor if they are (I) specifically named and (ii) given written
notice of the proposed debarment and an opportunity to respond. Future
affiliates of the contractor are subject to the Debarment Committee's decision.
(c) A contractor's debarment shall be effective throughout City Government.
Section 2-404.
Causes for debarment.
(a) The Debarment Committee shall debar a contractor for a conviction or civil
judgment,
For commiSSion of a fraud or a criminal offense in connection with
obtaining attempting to obtain, performing, or making a claim upon a
public contract or subcontract or a contract or subcontract funded in
whole or in part with public funds;
For violation of federal or State antitrust statutes relating to the
submission of offers;
For commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen
property;
Which makes the City the prevailing party in a legal proceeding and a
court determines that the lawsuit between the contractor and the City was
frivolous or filed in bad faith.
(b) The Committee may debar a contractor, (and, limited instances set forth
hereinbelow a Bidder or Proposer) based upon a preponderance the greater
weight of the evidence, for;
(1 )
(2)
(3)
(4)
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(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;
Violation of a City ordinance or administrative order which lists debarment
as a potential penalty;
Any other cause which affects the responsibility of a City contractor or
subcontractor in performing City work.
(2)
(3)
CITY OF MIAMI BEACH
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Section 2-405.
Debarment procedures.
(a) Requests for the debarment of contractors may be initiated by a City
Department or by a citizen-at large and shall be made in writing to the Office of
the City Manager. Upon receipt of a request for debarment, the City Manager
shall transmit the request to the Mayor and City Commission at a regularly
scheduled meeting. The Mayor and City Commission shall transmit the request
to a person or persons who shall be charged by the City Commission with the
duty of promptly investigating and preparing a written report(s) concerning the
proposed debarment, including the cause and grounds for debarment as set
forth in this ordinance.
(b) Upon completion of the aforestated written report, the City Manager shall
forward said report to the Debarment Committee. The City's Procurement Office
shall act as staff to the Debarment Committee and, with the assistance of the
City department person or persons which prepared the report present evidence
and argument to the Debarment Committee
(c) Notice of proposal to debar. Within ten working days of the Debarment
Committee having received the request for debarment and written report, the
City's Procurement Office, on behalf of the Debarment Committee shall issue a
notice of proposed debarment advising the contractor and any specifically
named affiliates, by certified mail. return receipt requested, or personal service
containing the following information:
(1) That debarment is being considered:
(2) The reasons and causes for the proposed debarment in terms sufficient
to put the contractor and any named affiliates on notice of the conduct or
transaction(s) upon which it is based;
(3) That a hearing shall be conducted before the Debarment Committee on a
date and time not less than thirty (30) days after service of the notice.
The notice shall also advise the contractor that it may be represented by
an attorney, may present documentary evidence and verbal testimony,
and may cross-examine evidence and testimony presented against it.
(4) The notice shall also describe the effect of the issuance of the notice of
proposed debarment, and of the potential effect of an actual debarment.
(d) No later than seven (7) working days, prior to the scheduled hearing date, the
contractor must furnish the City's Procurement Office a list of the defenses the
contractor intends to present at the hearing. If the contractor fails to submit the
list, in writing, at least seven (7) working days prior to the hearing or fails to seek
an extension of time within which to do so, the contractor shall have waived the
opportunity to be heard at the hearing. The Debarment Committee has the right
to grant or deny an extension of time, and for good cause, may set aside the
waiver to be heard at the hearing, and its decision may only be reviewed upon
an abuse of discretion standard.
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(e) Hearsay evidence shall be admissible at the hearing but shall not form the sole
basis for initiating a debarment procedure nor the sole basis of any
determination of debarment. The hearing shall be transcribed, taped or
otherwise recorded by use of a court reporter, at the election Committee and at
the expense of the City. Copies of the hearing tape or transcript shall be
furnished at the expense and request of the requesting party.
(f) Debarment Committee's decision. In actions based upon a conviction or
judgment, or in which there is no genuine dispute over material facts, the
Debarment Committee shall make a decision on the basis of all the undisputed
material information in the administrative record, including any undisputed,
material submissions made by the contractor. Where actions are based on
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
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seriousness of the cause(s), and where applicable, within the guidelines set
forth below, but in no event shall exceed five (5) years.
(b) The following guidelines in the period of debarment shall apply except where
mitigating or aggravating circumstances justify deviation:
(1 )
(2)
(3)
(4)
(5)
For commission of an offense as described in subsection 2404(a)(1): five
(5) years.
For commission of an offense as described in subsection 2404(a)(2): five
(5) years.
For commission of an offense as described in subsection 2404(a)(3): five
(5) years.
For commission of an offense as described in subsection 2404(a)(54):
two (2) to five (5) years.
For commission of an offense as described in subsections 2404(b)(1) or
(2): two (2) to five (5) years.
(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.
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SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the 3rd day of March,2000.
PASSED and ADOPTED this 23rd day of 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. +Ae
determination ef tl:le City MaAa~er aRd the City /\ttorney with re~ard te all
prooedur-al and toohRioal matters shall be final.
(f) Decision and Appeal Procedures. If the bid protest is not resolved by
mutual agreement, the City Manager and the City Attorney, or their
respective designees, shall promptly issue a decision in writing. The
decision shall specifically state the reasons for the action taken and inform
the protestor of his or her right to challenge the decision. Any person
aggrieved by any action or decision of the City Manager, the City Attorney,
or their respective designees, with regard to any decision rendered under
this section may appeal said decision by filing an original action in the
Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County,
Florida, in accordance with the applicable court rules. Any action not
brought in good faith shall be subject to sanctions including damages
suffered by the City and attorney's fees incurred by the City in defense of
such wrongful action.
(g) Distribution. A copy of each decision by the City Manager and the City
Attorney shall be mailed or otherwise furnished immediately to the
protestor.
(h) Stay of Procurements During Protests. In the event of a timely protest
under this section, the City shall not proceed further with the solicitation or
with the award pursuant to such bid unless a written determination is made
by the City Manager, that the award pursuant to such bid must be made
without delay in order to protect a substantial interest of the City.
(i) The institution and filing of a protest under this Code is an administrative
remedy that shall be employed prior to the institution and filing of any civil
action against the City concerning the subject matter of the protest.
(j) 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 Citv 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.
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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.
. If no com ensation has or will be aid
concernino the subiect lobbv services. a statement shall nonetheless be filed reflectina
as such.
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c. Any change to information originally filed shall require that the lobbyist
principal under subsection (b) above) file,
The lobbyist ( principal) a continuing
information and amend said reports when so needed.
~ @ The city clerk shall notify any lobbyist (or orincioal) 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.
{G} @l The city clerk shall notify the Miami-Dade County Commission on Ethics
and Public Trust of the failure of a lobbyist (or orincioal) to file a either of the reports
referenced above and or pay the assessed fines after notification.
~ ill A lobbyist (or orincioal) 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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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.
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CITY CLERK
ATl'EST:
(Requested by Commissioner Matti Bower and Co-sponsored by Commissioner Simon
Cruz, Jose Smith and Richard Steinberg)
reflects changes between first and second reading.
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F:A TTOIOLIJlRES.QRDI2-485.0RD.DOC
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