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Bid 02-02/03
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): ADA RENOVATIONS FOR THE MIAMI BEACH CONVENTION CENTER INVITATION TO BID NO.: 02-02103 http:\\ci.miami-beach.fl.us E-mail: guslopez@ci.miami-beach.fl.us Telephone: 305.673.7490 Facsimile: 305.673.7851 BID NO: 02-02/03 DATE: 10/18/02 CITY OF MIAMI BEACH 1 ..'3 ITY CLERK NOTICE TO USING DEPARTMENT(S) AND CONSULTANTS Any deviations from City of Miami Beach Standard Form Construction Contract Documents or any conflicts between the Technical Specifications, or the Supplementary Conditions and these Documents must be submitted in writing to the City's Procurement Director and to the Office of the City Attorney for approval prior to the public notice of the Invitation for Bid. All deviations or conflicts with the standard form must be listed by paragraph number and page number. ( ~/There are no deviations ( ) There are deviations and/or conflicts per the attached pages D1 through (Using DepartmentJ (Director) Changes approved by: City Attorney Date (Consultant) Proc)~ren{el~ Director Date BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 2 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.cl.mlami-beach.fl.us To: From: Subject: COMMISSION MEMORANDUM Date: February 5, 2003 Mayor David Definer and Members of the City Commission Jorge M. Gonzalez ~¥. ,~.e~/ City Manager REQU EST FOR PROVAL TO AWARD A CONTRACT TO THE LOWEST AND BEST BIDDER, CAZO CONSTRUCTION CORP., IN THE AMOUNT OF $3,358,000, PURSUANT TO BID NO. 02-02/03 FOR THE ADA RENOVATIONS FOR THE MIAMI BEACH CONVENTION CENTER. ADMINISTRATION RECOMMENDATION Approve the Award. FUNDING: Funding for construction in the amount of $3,358,000 and additional funds for a 10% contingency and for construction management is available from the Convention Development Tax (CDT) Fund 441. Total funding in the amount of $34,727,820 has been appropriated from Fiscal Year (FY) 96/97 through 02/03, for the Convention Center and Jackie Gleason Theater of the Performing Arts (TOPA) Capital Projects. Pursuant to the City Commission request for balance updates to be current, preliminary figures through January 23, 2003 show $19,522,966.85 disbursed, with an additional $1,989,958.85 encumbered for projects in progress. The total funding available was $35,000,000. It is estimated that the City will not need to expend funds from the $10,000,000 held for the Cultural Arts Council before the end of FY2002/03. ANALYSIS: In 1996, the City retained the Architectural firm of R.J. Heisenbottle Architects, P.A. to conduct a survey of both TOPA and the Convention Center to identify those areas that were not in compliance with the provisions of the Americans with Disabilities Act (ADA), and to prepare an estimate of the costs of the modifications needed to comply with the ADA. As a result of this study, the City budgeted funds to renovate certain of the restrooms at the Miami Beach Convention Center (Convention Center) and the Jackie Gleason Theater of the Performing Arts (TOPA), as well as for the replacement of doors and door hardware to bring both buildings into compliance with the requirements of the ADA. The City issued an RFQ for the design services to undertake this project. On February 9, 2000, an Agreement was executed between the City and A.R.I. Architects, Inc. (d/b/a: SKLARchitecture, (Consultant)), for professional Architectural and Engineering services to develop plans, specifications and construction documents for the renovation of the Convention Center and TOPA to provide ADA-compliant door hardware and to refurbish a lounge and two lobbies, and certain restrooms in both buildings for a maximum fee of $283,451. 144 Bid No. 02-02/03 Page Two February 5, 2002 ANALYSIS: (Continued} The Agreement with the Consultant provided for the full renovation of 34 restrooms at the Convention Center, partial renovation of 10 restrooms and no renovation to 8 restrooms which the earlier consulting study indicated were in compliance with the requirements of the ADA. At the time of the original study, 4 employee-only restrooms were considered to be exempt from the need for renovation, and 2 restroom facilities located in the First-Aid rooms were over looked in the original survey. Between the 1996 study and the present time, the ADA regulations were amended. The amendments required modifications to the restrooms that were compliant under the old rules. In addition, the ADA rules were broadened and now apply to employee-only restrooms as well as those open to the public. A subsequent amendment to the Agreement with the Consultant was issued on Mamh 14, 2001 to include these additional restrooms. Amendment No. 1, in the amount of $42,778, and additional services in the amount of $4,500, increased the maximum fee under the contract to $330,729. Invitation to Bid No. 02-02/03 was issued for the Convention Center ADA renovations on October 17, 2002, with an opening date of December 16, 2002. A pre-bid conference and site inspection was held on November 7, 2002, a second site visit was scheduled on November 14, 2002. DemandStar by Onvia issued bid notices to 1,868 prospective bidders, resulting in 154 Vendors requesting bid packages, which resulted in the receipt of 18 bids with one bid from CSB Services, Inc. being non-responsive for not submitting the required bid form. The bid form indicated that the determination of award of this Contract would be based on the Lowest and Best Bidder's Lump Sum Bid plus the Sum of all Altemates (Grand Total). Since this information was omitted by this Contractor, the bid has been deemed non-responsive. The work specified in the base bid (not inclusive of Add/Deduct alternates) consists of furnishing all materials, labor, equipment, supervision, mobilization, overhead & profit required to provide but not limited to the following: 1. Renovation of 58 restrooms broken down as follows: - 26 women & 26 men public restrooms - 2 women & 2 men employee restrooms - 2 unisex restrooms The restrooms will be reconfigured, the plumbing will be renovated and will be provided with new fixtures and new finishes resulting in improved ADA compliant toilet facilities. 2. Replacement of 100 doors, frames & door Hardware on the west side, with improved ADA- compliant hardware. 2a. Replacement of 50 door closers. 3. Replacement of pull-up w/pedestrian doors with 5 new motorized roll-up overhead doors. 4. Miscellaneous structural work to accommodate the new roll-up openings & their doors. 145 Bid No. 02-02/03 Page Three February $, 2002 ANALYSIS: (Continued} 5. Removal of existing doors as noted on plan. 6. Lower the ticket window of 3 box offices to be ADA - compliant. 7. New Strobe lights in janitor closets as noted in plans. The work above includes but is not limited to concrete work, concrete patching, masonry, stucco steel doora & frames, access doors, roll-up doors, plumbing, toilet fixtures, bathroom accessories, toilet compartments, terrazzo tile, paint, security glass, marble work, gypsum wall board, metal work, metal stud framing, acoustical ceiling tile, decorative wall Finishes: duroplex - textured acrylic coating, heating, ventilation & air conditioning ductwork replacement and rerouting, fire sprinkler systems, electrical systems, lighting, life safety & fire alarm features. The Add/Deduct alternates consisted of the following: #1 .Waterless Udnals - Deduct this amount from Lump Sum Bid (-) #2. Ceiling Supported Partitions - Deduct this amount from Lump Sum Bid (-) #3.Terrazzo Floors - Add or Deduct this Amount from Lump Sum Bid (+/-) g4. Motion Sensors - Deduct this amount from Lump Sum Bid (-) #5. Pearl Paint - Deduct this amount from Lump Sum Bid (-) #6. Doors - Add this amount from Lump Sum Bid (+) #7. Fiber Optics - Add this amount from Lump Sum Bid (+) On January 10, 2003 a meeting was held at the Miami Beach Convention Center Executive Offices to further discuss the status, award of contract and funding allocation for this project. Present at this meeting were Ari L. Sklar of SKLARchitecture (Consultant), Nestor Fernandez, URS (Program Manager), Nury Menicucci, CIP office, John Ellis, Procurement Division and Doug Tober and Steve Clark (SMG). It was determined and recommended at this meeting that due to budget and funding constraints only Altemate #6 (Replacement of Doors) would be awarded as part of this bid award for the following reasons: 1. The existing door hardware is not ADA compliant. 2. The doora being replaced are over 40 years old. Due to age, functionality has lessened, maintenance has increased, and the overall condition is unattractive. 3. The exterior doors scheduled in the replacement are also over 40 years old, and have begun to deteriorate due to weathering. CIP in coordination with SMG and URS selected Alternate #6, Doors. Addendum No. 5, item IV, paragraph c, informed all bidders about the City's right/option to award the Alternate(s) based on the availability of funds, it stated the following: c) Determination of award of this Contract will be based on the lowest and best bidder's LUMP SUM BID PLUS THE SUM OF ALL THE ALTERNATES (GRAND TOTAL). Should the City not have the available funds for the Grand Total, the City reserves the right/option, to award the Alternate(s) based on the availability of funds. 146 Bid No. 02-02/03 Page Four February 5, 2002 ANALYSIS: (Continued) Cazo Construction Corp. submitted the following statement with its bid under Alternate No. 1: "add $75,000 for regular urinals'. The Procurement Division, after consulting with the City Attorney's Office, informed Cazo that any and all costs for regular urinals were to be included in the base lump sum bid. Mr. Alex Cazo, President of Cazo Construction, confirmed that his pricing for Alternate No. 1, will be a deduct in the amount of $15,000, and his lump sum bid of $3,118,00, does include the regular water urinals. Additionally, Cazo Construction provided three references with its bid, and at the City's request provided additional references. The results of the City's reference checks are discussed below. Dun and Bradstreet reports and Financial Statements have been secured for Cazo Construction Corp., and this General Contractor comes highly recommended. Cazo Construction Corp. has been in business for 24 years as a General Contractor, and additionally, the references checked for this contractor have shown that they have provided numerous General Commercial Construction projects with an emphasis on plumbing installations and restroom renovations. The following are several references that were secured by Procurement staff for this contractor. YMCA of Greater Miami, Eileen Simone, project cost: $270,000 'Cazo handled all our needs, requests, etc. with the utmost consideration and professionalism" East Little Havana CDC., Alfredo Duran, project cost: $1,000,000+ "We recommend Cazo Construction Corp. and Armando Cazo, very highly" Miami Beach CDC, Roberto da Torre, project cost: $1,000,000+ 'Contractor met all project deadlines and budget, very responsive to our demands and suggestions" Jubilee CDC, Doug Mayer, project cost: $2,500,000 'We believe this company to be one of the finest general contractors we have ever worked with. Because of our total satisfaction with Cazo Construction we have hired them for two more projects" Additionally, as an added effort in the verification of past project performance, Mr. Ari Sklar of SKLARchitecture (Consultant) contacted three references of Cazo Construction. These references were: Andy Fernandez of Roddguez & Quiroga Architects Edward Lewis of Edward Lewis Architects Todd Tragash of STA These references indicated that Cazo Construction Corp. performed well and completed or is presently working on their projects satisfactorily. 147 Bid No. 02-02/03 Page Five February 5, 2002 ANALYSIS: (Continued) In summary, based on the results of the City's reference checks, and the reference checks by the City's Consultant, Cazo Construction Corp. provides quality work and completes all jobs within the required completion dates. Upon execution of the contract with Cazo Construction, two (2) Notices to Proceed will be issued. The 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. Time is of the essence throughout this Contract. This project shall be substantially completed within 300 calendar days from the issuance of the second Notice to Proceed, and completed and ready for final payment within 45 calendar days from the date certified by the City's Consultant as the date of Substantial Completion. CONCLUSION: Based on the analysis, the City recommends that the contract be awarded to the lowest and best bidder, Cazo Construction Corp. to provide the construction services required pursuant to Bid No. 02-02/03, ADA Renovations for the Miami Beach Convention Center. 148 Bid No. 02-02/03 Page Six February 5, 2002 BID TABULATION Bid 02-02/03 - ADA Renovations for the Miami Beach Convention Center Award ~f Contract is Bm)ed on the Base Bid and Al~mate fi6 GRAND TOTAL COMPANY BASE ALT. 1-7 BID BASE +AIL #6 *CSB SERVICES, INC.* $2,840,000.00 N/A N/A NIA CAZO CONSTRUCTION COMPANY $3,118,000.00 +$235,000.00 $3,353,000.00 $3,358,000.00 REGOSA ENGINEERING, INC. $3,448,367.12 +$38,365.00 $3,486,732.12 $3,611,107.12 CARIVON CONSTRUCTION CORP. $3,791,000.00 -$273,000.00 $3,518,000.00 $4,006,000.00 BDI CONSTRUCTION CO. $3,926,811.00 -$264,500.00 $3,662,311.00 $4,006,811.00 T & G CONSTRUCTORS $3,838,000.00 -$134,700.00 $3,703,300.00 $4,039,000.00 LEAR ASSOCIATES, INC. $3,785,300.00 -$61,668.00 $3,723,632.00 $3,838,950.00 HEWITT-KIER $3,780,270.00 +$152,930.00 $3,933,200.00 $4,016,935.00 CONSTRUCTION, INC. SUNCOAST CONTRACTING $3,987,256.74 +$161,236.00 $4,148,492.74 $4,174,706.74 GRACE AND NAEEM UDDIN, INC. $4,428,000.00 -$95,400.00 $4,332,600.00 $4628,000.00 TJ BUILDERS, CORP. $4,375,000.00 +$47,700.00 $4,422,700.00 $4,613,000.00 PRM ENGINEERING & CONTRACTING $4,340,594.00 +$90,854.00 $4,431,448.00 $4,570,144.00 FRED McGILVRAY, INC. $4,885,000.00 -$264,000.00 $4,621,000.00 $5,120,000.00 ENGINEER CONSTRUCTION $4,334,812.00 +$314,115.00 $4,648,927.00 $4,631,812.00 SYSTEMS, CORP. TRAN CONSTRUCTION, INC. $4,390,000.00 +$381,975.00 $4,771,975.00 $4,750,000.00 WEISS & WOOLRICH $4,681,000.00 +$100,800.00 $4,781,800.00 $4,956,000.00 H.A. CONTRACTING CORP. $5,398,574.00 +$1'14,166.00 $5,512,740.00 $5,682,585.00 TGSV ENTERPISES, INC. $5,936,214.00 -$336,420.00 $5,599,794.00 $6,219,806.00 Non-responsive, did not provide required bid form T:~AGEN DA~O03Veb0503~mgulatfldBCC-~ mo02-02-o33.do¢ 149 151 2191 2226 2228 2229 2230 223t 21~ 2230 224t 22~ 22~ 2252 22~ 2210 2298 2280 2265 2266 2270 2~4 2281 2280 2290 2291 2292 2293 2294 2297 2296 23O2 23O3 2308 2304 2358 2M0 2581 Capital Project Close Outs FY PROJECT 96 R~f Replacen~l~ 98 Ba~ Fl~w Pmvent,~ 96 W~~ ~ T~ C~ ~. ~ ~p ~ ~R~ ~ C~ Eq~ ~ T~ ~ ~ ~u~ T~ 1988 ~ C ~. ~1~. ~ F~ 6~ Re~. ~ To~ ~ & W~ T~I ~98 ~ C ~. 8~n~ R~. ~ ~~C~. ~ R~ Un~ Imu~ C ~ ~ R~C ~.~ ~ R~ ~ ~ T~ ~ O~ C~ Equl~ C O~ ~ R~. C ~. o~ ~ ~.c~. 0J ~ R~e~ C ~. 0~ ~1~ ~ ~C ~. 0~ ~~R~C~. O~ ~W~& T~ O~ 8~M Re~. - 0~ ~ ~ - T~ T~ T~M APPROPRIATED EX~ENDED AVAfl..ABLE 7,506,34~.00 $ 7,770,577.79 $ (264,231.70) 121,000.00 $ 4a.500.00 $ 72,500.00 110,000.00 $ 96,998.00 $ 24,002.00 34,000.00 $ 34,000.00 $ 82,500.00 $ 82,500.00 $ 55.000.00 $ 55.000.00 $ 38,~00.00 $ 3,800.00 $ 34.870.00 27,5(30.00 $ 24,900.00 $ 2,~00.00 18,000.00 $ 18.000.00 $ 7,982,84g.00 S 8,123,196.7~ I (t30,296.71) 826,096.96 $ 675,983.60 $ (1S0,863.~0) O0,0OO.00 $ $ 2,750,000.00 $ 2,440,487.45 $ 300,512.55 275,000.00 $ 316,473.'73 $ (44,473.73) 150,000.00 $ 128,552.50 $ 21,447.50 130,000.00 $ 120,800.00 $ 35o.00 80,500.96 $ 58,217.96 $ 2,282.50 16.000.00 $ 10,000.00 $ 45,000.00 $ $ 45,000.96 10,096.00 $ 0,964.00 $ 2o,ooo.o0 $ 16.780.00 $ 3~d5.o0 16,000.00 $ 15,290.60 $ 196,000.00 $ 196,000.00 $ 5,000.00 550,000.00 $ 420,104.16 $ 121,895..84 ~,198,6Q0.00 S 4,700,428.64 $ 403,071.44 200,000.00 S 200,000.10 $ (0.10) 50,000.00 $ 4~.731.96 $ 3,296.01 e0,096.00 S e0,960.00 $ 125,ooo.oo $ 96,~.oo 28,96o.oo $ 3o,440.oo $ (2,448.96) 25,000.00 $ $ 25,000.00 20,000.00 $ 21,996.00 $ (1,996.00) 20,000.00 $ $ 20,960.00 20,000.00 $ 10,600.00 $ 3,600.00 196,000.96 $ 1~,032.83 $ 9,96'7.17 75,000.00 $ 45,020.00 $ 20,960.00 100,000.00 $ 91,217.00 $ 3888,000.00 $ 7Es,798.82 $ 132,2sG.08 so,ooo.oo $ 48,G47.34 $ 1,052.60 00,420.00 $ 00,429.00 $ 20,000.00 $ 17,277.20 $ 2,722.96 20.000.00 $ 18.000.00 $ 2,000.00 502,580.0O $ 5O2.580.0O $ 12,000.00 $ 11,996.96 $ 0.96 10,000.00 $ ~,688.96 $ 403.02 25,000.00 $ 22,000.00 S 2,100,00 15.000.00 $ 15.000.00 $ 25,000.00 $ 23,820.00 S 1,160.96 40,000.96 $ 3G',080.00 $ 920,96 4,096.96 S 1,965.00 S 2,006.00 803,986.00 $ 798,706.47 $ t3,280.98 496,000.00 S 319,965.00 $ 30,000.00 $ 21,302.51 $ 8,907.4~ 40,000.96 $ 3~,870.C~i $ 3,120.0S 470~000.00 $ 378f2t7.98 $ 11~,712.44 16T298t336.00 S t4r7481198.28 S 810f178.72 150 PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 INVITATION TO BID NO. 02-02/03 ADDENDUM NO. 1 November 1, 2002 ADA RENOVATIONS FOR THE MIAMI BEACH CONVENTION CENTER is amended as follows: The following specifications sections were missing from the original specifications and are attached to this addendum, including amended Table of Contents and Division 15 and 16. The sections 07100 and 08400 are not applicable to this project and shall be discarded from the original specifications. 08800 09220 09250 09310 09510 09660 09800 09900 10150 10522 10810 Glazing Stucco Gypsum Wallboard Systems Ceramic Tile & Marble Acoustical Ceiling Resilient Flooring & Bases Textured Acrylic Coatings Painting Toilet Compartments Fire Extinguishers & Cabinets Toilet Accessories Division 15 and 16 Bidders are required to acknowledge this addendum on proposal page 128, "Acknowledgement of Addenda", or the bid may be considered non-responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director fill PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 INVITATION TO BID NO. 02-02/03 ADDENDUM NO. 2 November 8, 2002 ADA RENOVATIONS FOR THE MIAMI BEACH CONVENTION CENTER is amended as follows: The Bid Opening date is changed from November 22 to December 4, 2002 at 3:00 P.M. The deadline for questions has also been changed from November 13 to November 22, 2002 by 5:00 PM. II. Their will be a Second Meeting/Site Visit which is scheduled for November 14, 2002 at 9:00 AM, please meet at the Convention Center Executive Offices 1901 Convention Center Drive, Fourth Floor, all Contractors/Subcontractors are invited to attend. III. Attached to this addendum is a copy of the Bid form for this project. Bid form has not been amended it is attached for those bidders who have been unable to download the complete front-end documents. IV. Attached to this Addendum is a copy of the Sign-In Sheet from the Pre-Bid Conference that was held on Thursday, November 7, 2002. Bidders are required to acknowledge this addendum on proposal page128, "Acknowledgement of Addenda", or the bid may be considered non-responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director rm CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 ~r L,~ httpfl~,cLmiami-beach.fi.us PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 INVITATION TO BID NO. 02-02/03 ADDENDUM NO. 3 November 27, 2002 ADA RENOVATIONS FOR THE MIAMI BEACH CONVENTION CENTER is amended as follows: I. The Bid Opening date is changed from December 4 to December 13, 2002 at 3:00 P.M. II. A Second Site Visit has been scheduled for Tuesday, December 3, 2002 at 10:00 AM. at the Convention Center Executive Offices, 4~ Floor, 1901 Convention Center Drive. III.Subsequent Addendum will follow addressing all questions by prospective bidders. Inasmuch as this change does not materially affect the bid document, proposers are not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director rm PROCUREMENT DIVISION INVITATION TO BID NO. 02-02/03 Telephone (305) 673-7490 Facsimile (305) 673-7851 ADDENDUM NO. 4 December 3, 2002 ADA RENOVATIONS FOR THE MIAMI BEACH CONVENTION CENTER is amended as follows: L Sketches/exhibits packet supporting the answers to some oftbe questions in this addendum are available. Please call the Procurement Division 005.673.7490 or 305.673.7493) to secure your copy oftbe revised sketches/exhibits for this project. II. Their wffi be a new deduct alternate, "Waterless Urinals", that will be added to the bid form and provided in a subsequent addendum. Exhibit 1 & 2 of the package mentioned above provides a data sheet on the Waterless Urinal. The Waterless Urinal specifications is as follows: Waterless urinals with cartridge by Falcon Water Free Technologies model # U2PS002 (or approved equal) in lien of specified Urinals & automatic flash#meters and associated water piping. Contact Hughes Supply & Mr. Ramon Carabeo - Falcon Representative at (305) 510-6164. See Exhibit # 1 and #2. III. Deadline for receipt of questions is 5:00 PM on December 5, 2002. IV. The following are answers to questions by prospective bidders. Q. Which section of the Convention Center work should start first? A. Please see specifications section 1010 for summary of work and scheduling, & SMG schedule and phases is also found on sheet A-0.1. Q. It is not clear whether windstorm & flood insurance is required as pa~t of the lump sum bid? A. Contractor cannot purchase windstorm & flood insurance on construction work, the insurance needed is Builder's Risk Insurance. Please see page 68 oftbe bid document as per Builder's Risk Insurance requirements for this project. Q. Section E plan A-31. Please provide more information about 4" glasstiles and 18" diameter minor. None of them are in the finish schedules. A. This detail was incorrect. Pleasesee revised secti°n EIA'31°f the sketchlexhibit package' Q. Is there an existing master permit, which will require only a change of contractor, or is a totally new master permit required. A. Yes, there is a master permit, which will require a change of contractor. Page 2 Bid No. 02-02/03 Addendnm 4 Q. Is existing structure post tensioned; if so are x-rays required to locate tendons before core- drimr ? A. No, the existing structure is not post tensioned. Q. Would you please reduce the amount of unit prices, and allow 72 hours aider bid opening for low bidder to provide unit prices? A. Unit prices has been deleted. A cost breakdown by Division (1-16) shall be submitted at time of the scheduled Bid opening time and date. Please detail all activities (scope, type of materials involved) necessary in spaces adjacent to the ones remodeled; for instance, rooms below renovated restrooms. Please remember bidders ought not to be asked to perform surveys? Location of adjacent spaces for work on first floor bathrooms is shown on A0.1. Contractors work should not affect any adjacent spaces, but if anything is affected most likely it will be wall areas. Wall areas in the halls are concrete block & paint and should be repaired to match it damaged. Some areas are adjacent to concourses and meeting rooms with drywall, ff contractor damages any drywall, contractor must cut, repair, patch & paint as required to match existing eondltion. On the second floor bathroom # 23 is above bathroom # 12, and bathroom # 26 is above bathroom # 11 and a portion of the concierge area of Hall C Lobby which the ceiling is drywall, you may need to cut & replace this drywall during the course of your work. Bathroom # 24 is above concierge are a in Hall D Lobby, again drywall ce'fling work may be required. Bathroom # 25 is above the vestibule to the D Ball Room, which also has a drywall ceiling and may require repairs during your work. Bathroom # 22 is above Bathroom # 6. Bathroom # 19 is above Bathroom # 2. Bathrooms # 20 & # 21 are above the entrances to Halls A & B and have acoustic ceiling in the area which may required repair or replacement during your work. On the third floor Bathroom # 27 in the skywail isabove the stair way. Bathroom # 28 & # 29 are above service areas these 3 bathrooms should require one, the work to areas below them. Q. Door schedule (A-43.0). Doors 102, 125, 205, 228. Remarks indicate base bid, but they are also marked as alternative (see general notes: BB to be included in base bid, ALT item shall not be included in base bid). Could you clarifi/what is base bid and what is alternative in door schedule? A. Replace only the door closers in your Base Bid. All other work for these doorsare part of the alternate. (Alternate #6, Doors) Page 3 Bid No. 02-02/03 Addendum 4 Q. Drawing P-30.0 Plumbing fixture schedule note asks for base bid to be Toto fixtures, and deduct alternate to be American Sta~dard. If Toto is included in base bid, an American standard is a deduct, (meaning already included in base bid) you will end up with duplicate fixtures quantities. Please clarify here what is BB and what is ALT?. A. Disregard this note for alternate plumbing fixtures. Toto is included in the Base Bid and there is no Alternate. Other manufacturers may be considered as a"substitution/m'equal" upon award of the contract. Q. When was the last major repair to the plumbing systems & to what extent?. A. There was a large renovation and addition in 1988, where new Halls A & B were added. The West side of the building (Hails C & D) is original. Q. Some of the drinking fountain stations do not appear to meet ADA code. Will this fall under the Scope of work? A. No, drinking fountains are not in the Scope of Work. Q. Will hot water be required in any of the bathrooms, and if so, will the supplied water be pretempered? A. No, hot water is not required. Q. How deep is the sanitary line below the first floor slab in the bathroom? A. Plumbing contractor to field verify invert, prior to bid. Q. Is this building on grade beams and pilings? A. Yes Q. Will the flush valves be 1.6 gpfor 3.5 gl>f, since the new "FBC" allows 3.5 gpfin this type of Occupancy? A. Flush valves to be 1.6 gpf. Q. The v~ste piping for the urinal.q are shown to be "stacked & vented". Since the horizontal waste line is above the slab, this type of piping system will not work especially for handicap urinals? A. Handicap urinals are not floor mounted. They can connect into the horizontal Sanitary piping from water closets. Q. Why is Honeywell being accepted to bid this job when they are controlling the price of the fire alarm to everybody?. A. The City does not prohibit and/or dictate to whom Honeywell may submit pricing to, however their quotes to each General Contractor should be fair and reasonable. Honeywell is the Proprietary Owner of the Alarm System, any/ail modifications must be provided through Honeywell. Page 4 Bid No. 02-02/03 Addendnm 4 Q. Ask Honeywell if they have the design to add the strobe lights. Actually the building does not have strobe lights. A. Honeywell does not have the design of the strobe lights. Strobe lights were required by the Fire Department in the bathroom & janitor closets per the plans. Other areas are not being upgraded at this time. Q. What is floor to ceiling height for ground floor and second floor spaces. What is structure of second and roof (Precast joist, steel & deck, etc.)? A. Bathroom ceiling heights are shown on Architectural plans. Heights from floor to structure are approximately 16 feet on first floor and they vary from 8 feet to 25 feet on the second floor. The structure above the first floor is the second floor concrete slab which is a combination of waffle slab and Precast concrete joists with concrete slab. The structure of the roof is either Precast concrete joists with light weight concrete or steel joists with metal deck. Identify partition types: width of stud, type of finish material, extension of finish mat_ ~erial and framing to structure above or to 6" above finish ceiling? Partitions types are identified on Architectural plans as wall types 1 and lA indicating 3 5/8" metal studs with new gypsum wall board to 6" above ceiling. Metal studs should extend at least 12" above finished ceiling and be supported to structure above with vertical members or diagonal "kicker" members at least 48" O.C. All gwb to be taped & finished ready to receive finish material per finish schedule. Q. Toilet group 4 & 8 wall to be demolished which faces convention area; what is finishes on Convention Center side? A. The f'mish on the Convention Center side is concrete block and paint A revised sketch of these bathrooms is attached indicating that you should not affect the Convention Center Halls. Q. Section through A/38.0; Roll up door proposed is 14'-0" high; Is there an existing beam at this location, or will new beam be required?. Are there any new structural requirements not shown for door 283B? A. There should be an existing beam at the height of theexisting opening which is 14'0" high. No new beam will be required. No other structure required except for those of roll up door manufacture supplied by General Contractor. Q. For bidding purposes, what is height of roil up doors 27A, 36A & 39A? A. Roll up door 27A is approximately 16' ft high - V.I.F Roll up door 36A is approximately 14' ft high - V.I.F Roll up door 39A is approximately 14' ft high - V.I.F V.LF = Verify in field. Page 5 Bid No. 02-02/03 Addendum 4 Q. What is wall type above new concrete beams shown on B2/A- 39.17 Elevation of structure above? A. Concrete block, roof structure above is approximately 30 to 40 feet above. Q. Doors schedule REMARKS, the following exterior doors are to be replaced but existing frame and hinge are to remain: 230, 231,232, 233, 234, 235, 236, 237, 186, 187, 188, 189, 190, 191. Please confirm that frames at these exterior doors are to remain and haTicane shutters are not required. A. Frames are to remain and shutters are required. Q. What is the meant by the following remark of the door schedule: Door closer, Exterior door closer, New or New pair, * Asterisk symbol. Please expand on what is meant to be included in bid by these ~tmctions. A. Door Closer - Door closer is required for this door. Exterior Door Closer - This is exterior door requiring a door closer. New or New repair - For descriptive purposes only. · Asterisk Symbol - Disregard the asterisk symbol Q. Sheet A- 11.0, door flames & hinges 81, 86 & 87 are scheduled existing to remain, please confirm. Also, existing frame 81 is RH and is shown to be LH on the new work? A. Doors 86 & 87 are existing frames to remain. Provide new frame and hinge for new door 81 to install as shown on plan. Q. Sheet A- 15.0, door frames 240, 242, 246 & 247 are scheduled existing to remain. Only door 245 is scheduled to be new under base bid and other doors to be replaced only under alternate; existing swing of door flame 246 is LH and proposes new swing is RH, yet frame is existing to remain. Please review and advice. A. Provide new frame & hinge for new door 246 to install as shown on plan in the base bid. Q. Note sheet Al 7.0 Deduct alternate # 2, base cabinetry to be removed? Bid proposal form allows for six alternates and this deduct alternate is not included. Clarify what is expected from this note. A. This note does not apply - disregard. Q. Specifications for Storm Shutters? A. Specifications are attached to this addendum. Q. Could not find location of fire Extinguisher Cabinets, section 10522, please provide location for each cabinet if required. A. None required, delete section 10522. Page 6 Bid No. 02-02/03 Addendum 4 Q. Confirm all doors to be hollow metal and specification section 08200- Wood doors is not applicable. A. All doors are hollow metal, delete Section 08200. Q. General construction notes #1 requires for like insulation to be installed where discovered. It is impossible for bidders to quantil~, based on this information. Please redefine contract insulation requirements to allow for all bidders to bid accordingly (this note contradicts specification A. Insulation is not required unless noted in plans. Q. Confirm section 05520 Railings and handrails is not applicable. A. There is a new railing required on the ramp shown on detail E on sheet A-39.1, section 05520 is applicable. Q. Referencing sheet .420.0, doors 390 & 391 are not called for on door schedule. Are existing door, frame and hardware to be re-used, or is new information to be provided? A. These doors are being added to the base bid. See revised schedule in the sketches./exhibit package (Please see # I). These doors are being enlarged to meet ADA. Q. Referencing sheet A21.0, doors 392 & 393 are not called for on door schedule. Are existing door, frame and hardware to be re-used, or is new information to be provided? B. These doors are being addedto the base bid. See revised schedule in the sketches./exhibit package (Please see # I). These doors are being enlarged to meet ADA. Is test & balance to be provided by Contractor as called for on note 5 of sheet M-307 Please note that there is no equipment information or design quantifies. Test & Balance would be required as indicated on Sheet M-30. Even though the equipment is not changing, but the new registers are being replaced with the volume dampers. Once the new volume dampers are in place, the system would need to be balanced. Q. Are Master GC permit fees & subcontractor permit Fees waived for this project? A."City of Miami Beach Master Permit Fee and applicable Major Trade Permit fees (i.e. Mech., Plumbing, Elec,& Fire) arewaived. Any other permit fees not directly related to the actual construction of the project (Lc. Permits for dumpsters, Job trailers) are not waived"..."Licenses, permits and fees which may be required by Miami-Dade County, the State of Florida, or other governmental entities are not waveable." Page 7 Bid No. 02-02/03 Addendum 4 Q. Phone number & contact name for Honeywell contact?. A. Mr. James Joyee, Field Service Specialist, Honeywell Phone: 888.615.6305 Fax: 954.430.6467 Q. Are wage rates part of this bid? .4. Yes, attached to this addendum are the revised Prevailing Wage Rates, dated October 4, 2002 Q. Colors indicated do not specify where they are to be used. A. See finish schedule on A32.0 and elevations of each bathroom. Q. Are the ladies room one color and the men's room another? If so which color goes where? A. See finish schedule on A32.0 and elevations of each bathroom. Q. Sink specified color is Bastia White. The only white sinks available from Corian are either Cameo white or Glacier whim. Which is OK? A. Cameo White. Q. The lobby areas are in Smell Sea Glass. Corian sinks are not recommended with Smell. Should specify Vtumn, Attic, or Frost White. A. Use SureH bowl Model 0Vtumn color Arctic. Q. Specifications 6650-2D calls for integral backsplashes (one piece shop supplied) detail in section bathrooms (page A-31) shows no splash. Which is correct? A. No back splashes are required where counters meet Terrazo tile. Q. Steel supports systems are required under ptywood subdeck. Who provides the steel installation? Should be installed before drywall and tile anchored into fi-ames system. A. Contractor shall provide & install steel to framing to support counter tops. See detail C/A-31.0. Q. We were not able to find any countertops in the floor planswith the 1'- 10" dimension as shown on C/A -31.0. Also backing as shown on the enclosed is not adequate. There should be backing at the end of the bracket othemEse it will m~ke a hole in the drywall. Please advise. A. See A-32.1 Partial plans. All counter tops are 1'-10". See revised detail B/A-31.0 showing 1'10' counter tolx Yes, add WD blocking at bottom of bracket. See revised sketch/exhibit details C/A-31, B/A-31, E/A-31. Page 8 Bid No. 02-02/03 Addendum 4 Q. Note on finish schedule page A- 32.0 in, cares not to combine tiles from different manufacturers on any finished surface. However, floor plan on A- 8.1 T-4 is manufactured by "Rover" and T- 1, T-2, T-3 are manufactured by '~2overings". Also, floor plan A-9.1 T- 11 is manufactured by "Rover" and T- 12 by "Verona". Please clarify. A. Disregard note "Not to combine tiles from different Manufacturers". However, insure that tiles are same thickness. Q. Details B, E/A-31.0 do not indicate the metal support brackets. These brackets are required for proper installation. Also, Backing as indicated is not adequate. There needs to be backing behind the bracket and at the end of the brackets. Please Clarify. A. Metal brackets ...Please see revised sketch/exhibit "B & E A-31.0 Q. Included in the spec manual is a section on VCT- however, the finish schedule does not show any VCT, should we disregard this section? A. There is no VCT, - yes disregard this sectio~z Q. How will debris be removed from the construction areas? Bobcat? A. This will be discussed at the Pre-Construction Meeting, when the first Notice to Proceed will be issued. This inforalation will be requested from the Contractor, and subsequently, be approved and coordinated by the City's Program Manager (URS) and the City of Miami Beach (SMG). Q. Referencing toilet counters for Hall (3/A32.1), does the change in color occur only in the middle of the counter, or do the colors change at each bowl? Please provide complete plan of counter for clarification. A. Change ofeolors occurs at every other bowl in counter with multiple sinks- Single c°unters will have two colors. (See sketches/Exhibit package) Q. Please provide reflected ceiling plan for Storage rooms to the west of toilet room 15. Access to through this ceiling will be required to install plumbing for toilet room 24. A. We do not have reflected ceiling plan for this area. Q. Also, please provide reflected ceiling plan for toilet rooms 20, 21, 25, 26, 27, 28 and 29. A. Mechanicalplansshowtheirportionofreflectedeeiling for both existing & proposett We do not have existing electrical ceiling plans. New reflected ceiling plans are in the bid set. Q. It is assumed that there will be no conflicts with existing utilities or structures for the imtallafion of toilet partition support structure. In the event that conflicts should exist, they will be addressed as unforeseen conditions. A. Correct. Q. Indicate if alternates axe add or deduct? A. Subsequent addendum will address this issue and provide a new amended bid form. Page 9 Bid No. 02-02/03 Addendum 4 Q. Should additional carpet tiles be required to replace those that may be rlamaged in the renovation of the toilet entries, does the owner have these available for contractor's use. A. Owner has "Attic Stock" of carpet tiles but carpet being affected by new work should be lifted & protected and reinstalled upon completion of wore Q. Prior to ordering doors, existing openings shall be verified to confum the door sizes. Should existing openings be found to be larger than sizes shown on the Door Schedule, additional cost shall be issued to contractor by Change Order? Is Contractor not expected to verify existing door openings prior to Bid during his site visits? A. If existing openings are found to be larger additional costs will be issued, similarly. Contractor shall provide a credit if doors are found to be smaller. Contractor is not expected to verify all existing doors openings prior to bid. However, it is in the interest of the contractor to verify as much as possible prior to bid. Special interest should be given to the roll up door existing sizes/openings before bid as they are an important item Q. Are mLrrors 10A, 10B, 10C and 10D to have 1/2" x 1/2" stainless steel frames and concealed hangers with thet~ resistant screws as per section 08800? How will this apply in mirror 10D which is only 6" diameter9. If specifications and instal!afion procedure is different, please provide new specifications. A. No frames are required for these mirrors. Mirrors to be mounted on 3/4" the plywood with mirror mastic (typical) see sketches/exhibits. (Specifications below) Frameless Mirrors: frameless mirrors as detailed on Architect's drawings shall be 1/4" thick clear polished plate glass, ground edges, silvered with 2 coats of nitrate of silver protected by 1 coat of solid cooper deposited by electrolysis. Secure to wall with manufacturer's approved mastic this contractor shall obtain Architect's approval for safety features not detailed. Q. Shall prices for the doors in the Bid proposals be based on door sizes as called for on the Door Schedule? This is the only information available to Door manufacturers at this time. A. Yes, prices for the doors shall be based upon doors sizes in the doors schedule. Q. Please advise if the existing floor tile is mud set or thin set. If it is mud set and they choose "Vinyl flooring" alternate, are they going to require a gyperete or ardex type product to level the floor? A. The vinyl flooring option has been deleted from the project. Q. This is not specification for poured in place Terrazzo. It is going to be Epoxy Terra~o or concrete? A. Poured in place Terra~o shall be Epoxy Terrazzo. Page 10 Bid No. 02-02103 Addendum 4 Q. Note on flooring plans requests "Tile installer to provide shop drawings for the design and layout". Is the Architect going to make the auto-cad files available to contractor?. A. Yes the Auto Cad fries will be available to the contractor. Q. Do Motion Detectors control fixtures on normal power only? A. Yes. Q. Plans show type "A" and type "A 1" fixtures in restrooms. Fixture schedule shows the same catalog number for both, is this con. ct? A. Yes. Q. Addendum # 2 calls for fiber optic in lieu of fixm type "A3". Where are "A3" fixtures? A. "A3" fixture is the fixture at the center of circular cove ceilings. See sketches/exhibit package. Q. Do EM fixtures stay on continuously? A. Yes. See sheet E-13 notes. Q. Axe the existing circuits in each restroom for nonml and emergency power capable of handling the load of the new fixtures? A. It should be. Verify in field if otherwise. Q. Will a riser diagram for the fire alarm be provided to electrical contractors? A. No, Contractor shall coordinate connections with existing roannfaeturer's equiproent. Q. Which section of the Convention Center work should start first? A. Please see specifications section 1010 for snroroary of work and scheduling, & SMG schedule and phases is also found on sheet A-0.1. Q. Existing cracks in bathroom tiles, question: Should we avoid these cracks? A. What cracks are you referring to and where are they? Question is not dear. Regardless, all bathrooro tiles are being rerooved. Any structural cracks will be investigated during construction. Q. Replacement recommend drop ceiling, question: What type? A. Question is not dear. If you are asking what is the new acoustic ceiling then the answer is: See finish schedule on sheet A.32. New acoustic ceiling is designated as "C-2". Page 11 Bid No. 0202/03 Addendum 4 Q. a) Please provide informa~on about existing water pipe material, b) Is there isolation valves on fire system? c) Is there an existing emergency power lighting circuit and should it be connected to the motion sensor circuit? A. a) Existing water piping which was field verified is copper, b) There are isolation valves on the fire system field verify locations, c) Yes there is an existing emergency power lighting circuit field verify per notes on sheet ~1.0. The motion sensor circuit should not be connected to the emergency lighting circuit. Q. Please provide a dear copy of plumbing fixture schedule located on sheet P-30.0. A. Please refer to sketch/exhibit # 5. (See gl of this addendum) Q. What is meant by the notes regarding cost for additional work issued on page 3 of bid proposal from issued under Addendum # 2; are contractor's to perform any and all adch'tional work at cost without a fee? A. Notes regarding additional work will be omitted form the revised bid form which will be issued on a subsequent addendum. Please see Paragraph 37 - "Change Orders" and Paragraph 38 - "Value of Change Order Work" of the bid documents. V. The following are clarifications to the bid documents and pertinent bid information. 1. Any Materials substitution requests shall be submitted within 60 days of the second notice to proceed. Substitutions request should state benefit or cost saving to owner. 2. There may be two door hardware specification sections. Use the specification section with 35 door hardware groups. 3. The wind loads for the exterior doors on sheet A-43.0 shall read: + 78.9/- 85.8 in lieu of+ 39.8 / -42.3. 4. The following are revisions or clarifications to the finish schedule on sheet A-32.0 A. Change: W-7 from Rainstone DSII to Smooth Sand. W- 10 bom Rainstone DSII to Smooth Sand. B. Phone number for TRIARCH is 1-800- 537-6111. C. T-10 Verona KB74 should read Crema Madre Perla. T-12 Verona KB74 should read Crema Madrc Perla. D. Change: 11-C. 1 from Sparkle Glass to Nevamar # HSN-001T Sand & Shells. 11-D.1 bom Bottle Glass to Nevamar # HSN-001T Sand & Shells. E. Change: 11-B bom Zenpaint to Sparkle Glass # 7737-58 11-B Renin Canvas to Bottle Glass # 7730- 58 Page 12 Bid No. 02-02/03 Addendum 4 VI. Attached to this Addendum is the Division (1-16) Price Breakdown, please incorporate this form to the bid documentation that need to be submitted with your bid. (Attachment #1, 2 Pages) VII. Attached to this Addendum is Specifications for the Hurricane Panels. (Attachment #2, 1 Page) VIII. Attached to this fiddendum are the revised Wage Rates for this project, dated 10/04/02 (Attachment 03, 4 Pages) Bidders are required to acknowledge his addendum on proposal page128, "Acknowledgement of Addenda", or the bid may be considered non-responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director WAGE RATES, Page I of 4 GENERAL DECISION FL020001 10/04/2002 FL1 Date: October 4, 2002 General Decision Number FL020001 Superseded General Decision No. FL010001 State: Florida Construction Type: BUILDING County(ies): DADE BUILDING CONSTRUCTION PROJECTS (does not include single family homes and apartments up to and including four (4) stories) Modification Number Publication Date 0 03/01/2002 1 03/29/2002 2 04/05/2002 3 05/10/2002 4 06/07/2002 5 07/05/2002 6 07/26/2002 7 10/04/2002 COUNTY (ies): DADE * ASBE0060A 09/01/2002 Rates Fringes ASBESTOS WORKERS/HEAT A_ND FROST 26.13 6.86 INSULATORS ELEC0349A 06/01/2002 Rates Fringes ELECTRICIANS (Including Fire Alarm Installation): Electrical contracts including materials that are less than $2,000,000 20.50 4.30 + 8% Electrical contracts including materials that are over $2,000,000 22.96 4.30 + 8% ELEV0071A 11/01/2001 Rates Fringes ELEVATOR MECHANICS 25. 285 7. 455+A (Attachment #3) WAGE RATES, Page 2 of 4 FOOTNOTE FOR ELEVATOR CONSTRUCTORS: A: Employer contributes 8% basic hourly rate for 5 years or more of service or 6% basic hourly rate for 6 months to 5 years of service as Vacation Pay Credit; Paid Holidays: New Year's Day; Memorial Day; Independence Day; Thanksgiving Day; Christmas Day, plus the Friday after Thanksgiving. ENGI0487A 10/01/2001 Rates Fringes POWER EQUIPMENT OPERATORS: Boom Truck Operator 19.23 Crane (Including Truck Crane) 22.40 Crane Oiler (Including Truck Crane) 16.15 Pitedrivers 19.25 3.40 3.40 3.40 3.00 * IRON0272B 10/01/2002 Rates Fringes IRONWORKERS: Ornamental Reinforcing Structural 19.25 4.45 19.25 4.45 19.25 4.45 * PLUM0519A 09/16/2002 Rates Fringes PLUMBERS 21.87 5.58 PLUM0725A 07/16/2002 Rates Fringes PIPEFITTERS (Including HVAC) 23.95 6.50 SFFL0821A 07/01/2002 Rates Fringes SPRINKLER FITTERS 21.20 7.52 SHEE0032C 03/03/2002 Rates Fringes SHEET METAL WORKERS (Including HVAC duct work) 22.40 6.36 SUFL1027A 03/04/1999 ACOUSTICAL TILE INSTALLER BRICKLAYERS/BLOCKLAYERS CARPENTERS (Including Drywall Hanging and Bart Installation) 12.90 CARPET LAYERS 14.25 CEMENT MASONS/CONCRETE FINISHERS 14.50 DRYWALL FINISHERS 12.50 GLAZIERS 13.05 LABORERS: Rates Fringes 10.00 0.62 15.36 2.40 3.15 2.42 (Attachment #3) WAGE RATES, Page 3 of 4 Unskilled (Including Mason Tending) 8.70 Pipelayers 13.81 Plasterer Tenders 10.09 PAINTERS, BRUSH 9.61 PLASTERERS 15.05 POWER EQUIPMENT OPERATORS: Backhoe 15.71 2.85 Bulldozer 14.58 2.85 Grader 15.93 2.85 Loader 15.04 2.85 Concrete Pump Operator 14.78 Roller 12.84 2.85 ROOFERS 9.99 TILE SETTER 12.50 0.87 TRUCK DRIVERS 10.95 1.83 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a) (1) (ii)). In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. with regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. (Attachment #3) WAGE RATES, Page 4 of 4 write to: Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 4.) Ail decisions by the Administrative Review Board are final. (Attachment 93) CITY OF MIAMI BEACH PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 INVITATION TO BID NO. 02-02/03 ADDENDUM NO. 5 December 5, 2002 ADA RENOVATIONS FOR THE MIAMI BEACH CONVENTION CENTER is amended as follows: I. Attached to this addendum is the amended Bid Form for this project. Please note that Alternate No. 1 "Waterless Urinals" has been added to the bid form. Fm'thermore, please note that Alternate No. 4. "Vinyl Flooring" has been removed from the bid form. H. Clarification: The Prevailing Wage Rate for this project does not prohibit ANY General Contractor from submitting a bid, or ANY Sub-contractor from submitting a bid to a General Contractor. The General Contractor who is awarded this contract will be required to submit payroll records that indicate they are in compliance with the required Prevailing Wage Rates, prior to the City processing any payments to the General Contractor. Bidders are required to acknowledge ~his addendum on proposal page128, "Acknowledgement of Addenda", or the bid may be considered non-responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director nTI CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 ~P' http:\\ci.miami-~each.fl.us PROCUREMENT DIVISION Telephone (305) 673-7490 Faceimile (305) 673-7851 INVITATION TO BID NO. 02-02/03 ADDENDUM NO. 6 December 9, 2002 ADA RENOVATIONS FOR THE MIAMI BEACH CONVENTION CENTER is amended as follows: I. The Bid Opening date is changed from December 13 to December 16, 2002 at 3:00 P.M. II. The following are answers to questions by prospective bidders. Q. What is the manufacturer and model of existing ceiling system? Does owner have any available for Contractor's use to replace those that may be damaged during renovation? A. None available for the ceiling system; Ceiling file replacement if damage occnrs: USG Ceiling tile #86985, White Mars (2'x 2' x 3/4") Q. For delivery of materials to second floor and third floor, please advise on size and location of freight elevators that will be available to contractors for transporting new material and material being removed. A. Elevator sizes are as follows: A HaH Freight 10'6" deep x 8' high x 5'8" wide B Hall Freight 11'3" deep x 8' high x 8'2" wide C Hall Freight 6'2" deep x 8' high x 6' wide D Hall Freight 6'2" deep x 8' high x 6' wide Q. What is the height profile for the panels? How far off the floor and how high?. A. See plan sheet A-32.1 Q. What are the height dimensions for full high doors and partial high doors? A. This information is clearly reflected in the plans. Q. Are aluminum brackets an acceptable alternative to/for the structural frame? A. Aluminum brackets are not acceptable alternative to/for the structural frame. Q. Is shaped aluminum headmil an acceptable alternative to the 2" alunfinum hollow tubes? A. Shaped aluminum headrall is not an accepted alternative to the 2" aluminum hollow tubes Q. Are stainless steel bJnges acceptable? A. Yes, stainless steel hinges are acceptable. Page 2 Bid No. 02-02/03 Addendum 6 Q. Is stairdess steel door hardware acceptable? A. Yes, stainless steel door hardware is acceptable. Q. Are ADA hinges with the lffi-to-open feature required? A. We do not know what ADA hinges with the lift to open feature are? However, the ADA stalls are required to have self closing hinges and ADA acceptable latch to lock the door. Q. Ceiling reveals: There is an aluminum reveal at the perimeter ofdvdwall ceilings shown on detail B1/A-30.O. Will the reveal be the same color as the surrounding color?. A. Reveal shall be black or aluminum color whichever is standard. Q. The pattern and design shown for toilet walls: Will it be acceptable to do the wall area to be covered with the "Fissured Pattern" in the "Duroplex' product in one color and to paint over that color with the alternative colors and patterns where required using Triarch's Fresco paint. A. It fresco paint refers to Spatula Stuhhi (Venetian Plaster). Yes, it will be acceptable if Venetian Plaster and there is no cost increase. Q. The door frames not being removed: It states the paint on these frames is to be stripped from the flames, is this actually required or will sanding and preparation of the surfaces for the finish coats be accepted. A. Yes, sanding and preparation to receive, then paint will be acceptable. Q. Painting of new and existing areas where new door frames have been installed: It is highly unlikely that an exact match to the existing paint will be obtained, will there be a degree of tolerance when these areas are being matched. A. Yes, there will be a degree of tolerance when these areas are being matched. We will try to match things as much as possible or find a suitable alternative. Q. Please advise if the existing floor tile is mud or thin set?. A. Existing floor tile is thin set. Q. On alternate # 5 is cove base going to remain Ten~o tile? Please clarify. A. Cove base shah be made from the poured Terrazzo. Q. On bathrooms with existing mudset floor installation, please specify materials and procedure on how to level the floors after demolition and prior to T~n~r~o tile or Terra~o installation. On how many bathrooms is this going to happen? Please clarify. Failure to respond we will not include the cost of leveling any floors in our bid. Upon discovery of this condition it is going to have to be treated as a change order. A. Existing tile in bathrooms is on thin set. Question does not apply. (Please see No. III of this addelzlum for additional information) Page 3 Bid No. 024)2103 Addendum 6 Q. The fire alarm strobes indicated in the baths do not indicate where they originate or how they are fed. Honeywell does not have the information available at this time. In addition to actual locations of control panels or strobe termination points, muting beyond the baths is not designed, engineered or indicated. Please clarify the entire strobe light issue including allowable conduit routings, allowable conduit types in exposed ~eas (wiremold, EMT, etc.), conduit sizes and wire wire types required, etc. If no information is available prior to bid date, would a "conduit stub" through bath ceiling for future connection when details are provided be an acceptable alternate? Please clarify entire scope for this item. A. Installation of fire alarm strobe lights is clarified by note # 7 Typical for all restrooms that read as follow: "Contractor shall furnish and install new fire alarm device as shown on plans . Coordinate installation with existing manufacturer prior to commencement of any work to fire alarm system". It is our opinion that 2 or 3 strobe lights for each bathroom can be fled to thenearest strobe light located in the public corridors. Due to the magnitude of the project, and numerous power supplies located throughout the Convention Center, added strobe lights in the bathroom will not overload the existing power supplies (subject to) verification with existing fire alarm shop drawings at a later date). We recommend to incorporate into the bid an allowance of 75 ft. of ½' conduit and wire to tie strobe lights to the existing ones for each bathroom. Q. Please provide specification about transaction windows: type of glass and thickness. A. Glass shall be clear U.L listed bullet proof to match existing by Chicago Bullet proof or approved equal. Thickness to be determined by manufacturer. However, at this time Box Office transaction windows shall be Lowered/Relocated as shown on drawings A-33 and A-34 in lieu of purchasing new. Q. In your responses, you inform that the ground floor is composed or grade beams and piles. Being that pordons of the floor will be removed for installation o£new plumbing, What is the detail for repair?. Are there structural considerations that should be addressed by your smxluml engineer?. Or is concrete and wire mesh sufficient patch? A. Concrete and wire mesh will be sufficient for bidding purposes. Allow for forming & concrete to match existing slabs which are 6" thick with 6 x 6 x 10 wwf. Specific conditions will be addressed during the construction. Q. In response to type of wall to be built on top of beam as shown on B2/A39.1 you state to provide a CMU wall. Is this wall to extend to structure above which you state is 30' to 40' above this beam? Is this dimension you have provided a typographical error?. If not, are there structural considerations for this wall such as fie columns and beams? A. Beam & tie columns for door ways are new. Masonry wall above is existing already structurally supported. Form new opening as required & temporary shore up masonry up to beam above. See demo plan B / A-39.1 Page 4 Bid No. 02-02/03 Addendum 6 111. The following are addendums provided by the Architect not in response to any particular questions. 1. Existing Baby changing stations: Remove all existing & discard. 2. Shutters: Shutters are not required for exterior steel doors, if doors have Dade County Product approval that includes impact certification for the requires wind loads. The wind loads for the exterior doors is required to be negative (-) 73.3 / positive (+) 67.4 - Doors 15, 16, 316B, 317 be require negative (-) 87.6 / positive (+) 67.4. 3. Floor tile design: A. Hand cutting will be acceptable in lieu of water jet cutting for terrar~o file Design. B. Change terrazzo tile items B-l, T-12, T-10 to Rover color # Sahara Sand. 4. Floor drains: New floor drains are shown on plumbing drawings flooring within 6 inches of floor drains shall be sloped to the drain. IV. Clarifications: a) Attachedplease find the Convention Center Schedule from November 2002 to November 2004. Awarded bidder for this project shall not provide any construction work on any bathrooms that support the Halls that are being scheduled to be used during those dates. This schedule is to be used for informational purposes (to be used as a guide for a proposed Construction- Schedule) and it is subject to changes. The Substantial completion days for this project stated on page of the bid document is 585 calendar days, these days include ANY/ALL days for down time due to Convention Center schedule (above). The work shall be substantially within three-hundred (300) calendar/working days from the issuance of the second Notice to Proceed and completed and ready for final payment is accordance with Article 5 of the bid documents within forty-five (45) calendar/working days from the date certified by the Consultant as the date of substantial completion. Determination of award of this Contract will be based on the lowest and best bidder's LUMP SUM BID PLUS THE SUM OF ALL THE ALTERNATES (GRAND TOTAL). Should the City not have the available funds for the Grand Total, the City reserves the right/option, to award the Alternate(s) based on the availability of funds. Page 5 Bid No. 02-02/03 Addendum 6 Bidders are required to acknowledge this addendum on proposal page 128, "Acknowledgement of Addenda", or the bid may be considered non-responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director mi MIAMI BEACH CONVENTION CENTER CALENDAR OF EVENTS DECEMBER 2002 - DECEMBER 2004 PUBLIC ? SCHEDULE SUBJECT TO CHANGE ? DATE M/l: 11/21-12~03 Event: 12~04-08 M/O: 12/09-12 Ici Art Basel Miami Beach (PUBLIC/TRADE) The International Art Fair Schweizer Mustermesse AG Messeplatz Basel, Switzerland 4021 Mr. Marc Battig Tel: 011-41-61-686-2254 Fax: 011-41-61-686-2182 EVENT MANAGER - ALETHEA COLE-SMITH SALES MANAGER - MELISSA GAFFNEY EVENT ~1294 Halls A & D A & D Rooms IWI: 11/29-12/02 Event: 12/03 M/O: 12/04 Ici Smart & Final Show (TRADE) Henry Lee Co./Smart & Final Corp. 3301 NW 125th Street Miami, FL 33167 Ms. Sandy Lucas Tel: (305) 685-5851 Fax: (305) 685-1794 EVENT MANAGER - ALETHEA COLE-SMITH SALES MANAGER - ILEANA GARClA EVENT #61455 Hall B B Rooms M/I: 12/02-03 Event: 12/04-05 M/O: 12106 America's Food & Beverage Show (TRADE) World Trade Center Miami 777 NW 72"~ Avenue, Suite 33BB65 Miami, FL 33126 Ms. Charlotte Gallogly Tel: (305) 871-7910 Fax: (305) 871-7904 E-Mail Address: info@worldtrade.org EVENT MANAGER - EVELYN RIVERA SALES MANAGER - ILEANA GARCIA EVENT #01289 Hall C C Rooms M/I: 12~06 Event: 12/07-08 M/O: 12/09 [c] Florida International Real Estate Expo (PUBLIC) TMG Productions 420 Lincoln Road, Suite 446 Miami Beach, FL 33139 Mr. Paolo Sadri, President Tel: (305) 532-7733 Fax: (305) 532-5330 EVENT MANAGER - ALETHEA COLE-SMITH SALES MANAGER - ILEANA GARClA EVENT ~1741 Hall B B Rooms M/I: 12/07 [c] Market America Meeting (PRIVATE) Rooms C 123-126 Event: M/O: 12/07 12/07 Royal Palm Crowne Plaza Resort 1545 Collins Avenue Miami Beach, FL 33139 Mr. Velton Showell Tel: (305) 604-5700 Fax: (305) 604-2059 EVENT MANAGER - EVELYN RIVERA SALES MANAGER - ILEANA GARClA EVENT #01761 M/I: Event: M/O: 12/09 12/09 12/09 [c] Neighborhood Leadership Academy (PRIVATE) City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33131 Ms. Lisa Liotta Tel: (305) 673-7000 EVENT MANAGER - XlOMARA GOODMAN SALES MANAGER - XlOMARA GOODMAN Room C33 M/I: Event: M/O: 12109 12/10 12/10 ici Diversity Career Fair (PUBLIC) Shomex Productions 2601 Ocean Park Blvd., Suite 200 Santa Monica, CA 90405 Ms. Anna Osnower Tel: (310) 450-8831 Fax: (310) 450-9305 EVENT MANAGER - ALETHEA COLE-SMITH SALES MANAGER - ILEANA GARClA EVENT #01665 Room C123-126 M/I: Event: M/O: 12/13 12/13 12/13 Ici Teaching and Learning Conference(PRiVATE) The College Board 100 Crescent Centre Parkway, Suite 340 Tucker, GA 30084 Ms. Letishia Jones, Assoc. Dir. Teaching & Learning Tel: (770) 908-9737 Fax: (770) 934-4885 EVENT MANAGER - ALETHEA COLE-SMITH SALES MANAGER - ILEANA GARClA EVENT #01727 Rooms D128-131, D229-241 & C227-228 M/l: Event: M/O: 12/13 12/14 12/14 Ici Children's Holiday Party (PRIVATE) Children's Cancer Caring Center 2950 Cleveland Clinic Blvd Weston, FL 33331 Ms. Lee Klein Tel: (954) 568-7416 Fax: (305) 932-7757 EVENT MANAGER - EVELYN RIVERA SALES MANAGER- ILEANA GARClA EVENT #01734 Room C123-126 M/I: Event: 12116 12/16 Ici Neighborhood Leadership Academy (PRIVATE) City of Miami Beach 1700 Convention Center Drive Room C33 M/O: 12/16 Miami Beach, FL 33131 Ms. Lisa Liotta Tel: (305) 673-7000 EVENT MANAGER - XlOMARA GOODMAN SALES MANAGER - XlOMARA GOODMAN M/I: Event: M/O: 12/17 12/17 12/17 Naturalization Ceremony (PRIVATE) Immigration & Naturalization Services 77 SE 5th Street Miami, FL 33131 Ms. Elaine Watson Tel: (305) 415-6500 Fax: (305) 415-6524 EVENT MANAGER - EVELYN RIVERA SALES MANAGER - ILEANA GARCIA EVENT #01609 Halls C & D Rooms D Studio & Dll2/3/4 M/I: Event: M/O: 12/17 12/17 12/17 ici Execution of Passport Applications (PRIVATE) The City of Miami 3500 Pan American Drive Miami, FL 33133-0708 Ms. Prisilla Thompson Tel: (305) 250-5370 Fax: (305) 858-1610 EVENT MANAGER- EVELYN RIVERA SALES MANAGER - ILEANA GARClA EVENT #01733 Room D128-131 M/I: Event: M/O: 12/17 12/17 12/17 Ici Execution of Passport Applications (PRIVATE) The City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Mr. Max Sklar Tel: (305) 673-7000 EVENT MANAGER - EVELYN RIVERA SALES MANAGER - ILEANA GARClA Room C123-126 M/I: Event: M/O: 12/19 12/19 12/19 ici Par~ing Dept. Holiday Appreciation Lunch (PRIVATE)Room C223-224 City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Mr. Saul Frances Tel: (305) 673-7000 EVENT MANAGER - TRACY DEAN SALES MANAGER - TRACY DEAN M/I: Event: M/O: 12/31 12/31-01/01 01/01 Ici Orange Bowl Event Bowl Games of Amedca P.O. Box 571187 291 West 5400 South Salt Lake City, UT 84157 (PRIVATE) Hall D, Rooms D Studio & D 1121314 Ms. Karen Rosevear Tel: (801) 263-3445 Fax: (801) 265-2314 EVENT MANAGER - ALE-rHEA COLE-SMITH SALES MANAGER - ILEANA GARCIA EVENT #01731 M/I: Event: M/O: 12/30-31 12/31-01/01 01/01-02 lc] New Year's Eve Miami {PUBLIC) J.S. Enterprises 8344 Melrose Avenue, Suite 20 Los Angeles, CA 90069 Mr. Jeffrey Sanker, President Tel: (323) 653-0800 Fax: (323) 653-9977 EVENT MANAGER- EVELYN RIVERA SALES MANAGER - ILEANA GARClA EVENT #01734 Hall C Rooms C127 and Cll21314 2003 M/I: Event: M/O: M/I: Event: M/O: 01/02-08 01109-13 01114-15 01/09 01/09 01/09 lc] [c] Art Miami 2003 (PUBLIC) Advanstar Communications 1 Park Avenue New York, NY 10016 Ms. liana Verde Tel: (312) 553-8928 Fax: (312) 641-9074 EVENT MANAGER - EVELYN RIVERA SALES MANAGER - ILEANA GARClA EVENT #01475 Data Entry Clerk Test (PRIVATE) City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Ms. Bonni Geier Tel: (305) 673-7000, Ext. 6194 EVENT MANAGER - XlOMARA GOODMAN SALES MANAGER - XlOMARA GOODMAN Hall D D Rooms Room C125-126 M/I: Event: M/O: 01110 01/10 01/10 Ici VCA Charette (PRIVATE) City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Ms. Grissette Roque-Campos Tel: (305) 673-7000 EVENT MANAGER - XlOMARA GOODMAN SALES MANAGER - XlOMARA GOODMAN Room C225 M/l: Event: M/O: 01/10 01/10 01/10 ici Code Compliance Officer I Test (PRIVATE) City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Ms. Grissette Roque-Campos Tel: (305) 673-7000 EVENT MANAGER - TRACY DEAN SALES MANAGER - TRACY DEAN Room C125-126 M/I: Event: M/O: 01/16-17 01/18-20 01/21 Jeweler's International Showcase {TRADE) Jeweler's International Showcase, Inc. 6405 Congress Avenue, Suite 125 Boca Raton, FL 33487-2827 Mr. Michael Breslow Tel: (561) 998-0205 Fax: (561) 998-0209 EVENT MANAGER - EVELYN RIVERA SALES MANAGER - MEUSSA GAFFNEY EVENT #O1258 Halls A & D A & D Rooms M/I: Event: M/O: 01/17-23' 01/24-26 01/27-28 lc] Graphics of the Americas {TRADE) Printing Association of Florida, Inc. P.O. Box 170010 Hialeah, FL 33017 Mr. Chris Price Tel: (305) 558-4855 Fax: (305) 823-8965 EVENT MANAGER - ALETHEA COLE-SMITH SALES MANAGER - MELISSA GAFFNEY EVENT #00479 *See contract for specific Mil & M/O dates in each hall Halls A,B,C,D A,B,C,D Rooms M/l: Event: M/O: 01/28-30 01/31-02/05 02/06 lc] Original Miami Beach Antique Show (PUBLIC) dmg world media 8956 Lely Island Circle Naples, FL 34113 Ms. Andrea Canady Tel. (239) 732-6642 Fax: (239) 732-6652 EVENT MANAGER - ALE-rHEA COLE-SMITH SALES MANAGER - ILEANA GARCIA EVENT #01267 Halls A & B Rooms Al10-111, Bl12-113 & 1st Level Pod Area M/I: Event: M/O: 02/01-02 02/03-04 02/05 [c] Club Managers Annual Conference & Exposition Club Managers Assoc.of America (CONVENTION) 1733 King Street Alexandria, VA 22314 Mr. Guy K. Doria Tel: (703) 739-9500 Fax: (703) 739-0124 EVENT MANAGER- EVELYN RIVERA SALES MANGER - MELISSA GAFFNEY EVENT #01189 * See contract for specific dates in Hall C & C Rooms Halls C & D C & D Rooms M/I: Event: M/O: 02/06-12 02/13-18 02/19-22 Miami International Boat Show (PUBLIC) National Marine Mfgrs. Association 9050 Pines Blvd. Pembroke Pines, FL 33024 Ms. Cathy A. Johnston Tel: (954) 441-3220 Fax: (954)430-4171 EVENT MANAGER- EVELYN RIVERA SALES MANAGER - MELISSA GAFFNEY EVENT #01380 Halls A,B,C,D A,B,C,D Rooms 02/26 City Cares Annual Conference $ B Rooms Event: M/O: 02/26-03/01 03101 Hosted by Hands on Miami (CONFERENCE) City Cares, Inc. 1605 Peachtree Street, Suite 100 Atlanta, GA 30309 Ms. Fran Loosen (Seattle Office) Tel: (206) 324-0808 Fax: (206) 324-0817 EVENT MANAGER - ALETHEA COLE-SMITH SALES MANAGER - ILEANA GARClA EVENT #~1728 M/I: Event: M/O: 02/27-03/03 03/04-07 03107-09 ici Seatrade Cruise Shipping (TRADE) CMP Princeton, Inc. 125 Village Boulevard, Suite 220 Princeton, NJ 08540 Michael Kazakoff Tel: (609) 452-9414 Fax: (609) 452-9374 EVENT MANAGER - EVELYN RIVERA SALES MANAGER - MELISSA GAFFNEY EVENT #~1002 *Mil into Hall D and D Rooms startinu on 02~28 Halls A,C,D A,C,D Rooms Event: M/O: 03/09-10 03/11-13 03/13 Ici Intele-Card News Expo (TRADE) Intele-Card News Expo 523 N. Sam Houston Pkwy. East, #300 Houston, TX 77060 Ms. Lisa Brown Tel: (800) 883-8353, Ext. 126 EVENT MANAGER - ALE'rHEA COLE-SMITH SALES MANAGER - MELISSA GAFFNEY EVENT #01700 Hall B B Rooms Event: M/O: 03/14-16 03/17-19 03/20 Ici Material World (TRADE) Urban Expositions 1395 South Marietta Parkway Bldg. 400, Suite 210 Marietta, GA 30067 Mr. Tim Von Gal Tel: (678) 285-3976 Fax: (678) 285-7469 EVENT MANAGER - XlOMARA GOODMAN SALES MANAGER - MELISSA GAFFNEY EVENT #01508 Halls C C Rooms M/l: Event: M/O: 03/22-24 03/25-27 03/28 ici Inter Airport 2003 (TRADE) Mack-Brooks Exhibitions Limited Forum Place, Hatfleld Hertfordshire, England AL10 0RN United Kingdom Mr. Stephen Brooks Tel: 011-44-1707-278-200 Fax: 011-44-1707-278-201 EVENT MANAGER - EVELYN RIVERA SALES MANAGER - MELISSA GAFFNEY EVENT #01531 Hall C C Rooms Preferred Lot M/l: 03~25 Ici COMP USA Corporate 10th Anniversary/ Annual GM Meeting (CONFERENCE) Hall A Rooms A110-111 Event: M/O: 03~25 03~26 14951 N. Dallas Parkway Dallas, TX 75254 Ms. Michelle Barnes Tel: (972) 982-5897 Fax: (972) 982-5060 EVENT MANAGER - ALETHEA COLE-SMITH SALES MANAGER - ILEANA GARClA EVENT # M/I: Event: M/O: 03127-04/01' 04~02 04~03 [c] 2004 Acura New Model Introduction Meeting Halls C & D American Honda Company (PRIVATE) C & D Rooms C/O Madtz Travel 1395 North Highway Drive Fenton, MO 63099 Ms. Linda Bernett Tel: (636) 837-1208 EVENT MANAGER - XlOMARA GOODMAN SALES MANAGER - MELISSA GAFFNEY EVENT #01671 *See contract for soecific Mil dates M/l: Event: M/O: 04/04 04/05-06 04/06 ici Gay Life Expo (CONSUMER) Rooms D128-131 Consolidated Management Associates Corp. & Dl/2/3/4 230 West 17th Street, 8th Floor New York, NY 10011 Mr. Steven Levenberg Tel: (212) 352-3535 Fax: (212) 352-3597 EVENT MANAGER - EVELYN RIVERA SALES MANAGER - ILEANA GARClA EVENT #01706 Event: M/O: 04/04 04105-06 04/07 [c] Amedcan Baby's Baby Faire (PUBLIC) A Consumer Show Featuring Juvenile Product and Services Exhibits Primedia Magazines, d/b/a Baby Faire American Baby Gro_u.p 110 Fifth Avenue, 2'"~ Floor New York, NY 10011 Ms. Betsy Soto Tel: (212) 886-3937 Fax: (212) 886-3653 EVENT MANAGER - ALETHEA COLE-SMITH SALES MANAGER - ILEANA GARClA EVENT #01399 Hall C Rooms C127, C124 & C First Aid M/I: Event: 04/10 04/10-11 Police Promotional Written Test (PRIVATE) City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Room C33 M/O: 04/11 Mr. Peter Nyamora Tel: (305) 673-7000, Ext. 6724 EVENT MANAGER - XlOMARA GOODMAN SALES MANAGER - XlOMARA GOODMAN M/I: Event: M/O: 05/05-06 05/07 05/07 Ici Sales Meeting & Trade Show (TRADE) Sysco Food Services of S. Florida, Inc. 555 NE 185th Street Miami, FL 33179 Mr. Tony Zazzi Tel: (305) 770-5519 Fax: (305) 651-5683 EVENT MANAGER- EVELYN RIVERA SALES MANAGER - ILEANA GARClA EVENT #01737 Hall C Rooms C124 & C127 M/l: Event: M/O: 05/09 05/10 05/10 [c] Commencement Exercises (PRIVATE) St. Thomas University 16400 NW 32"d Avenue Miami, FL 33064 Ms. Sarah Shumate Tel: (305) 628-6687 Fax: (305) 628-6768 EVENT MANAGER - XlOMARA GOODMAN SALES MANAGER - ILEANA GARCIA EVENT #01616 *~nlv on 05/10103 Hall C Rooms C123-126' & C127 M/I: Event: M/O: 05/24 05/24 05/24 Ici Graduation Ceremony (PRIVATE) Johnson & Wales University 1701 N.E. 127th Street N. Miami, FL 33181 Mr, Barry R. Vogel Tel: (305) 892-7042 Fax: (305) 892-7030 EVENT MANAGER - ALETHEA COLE-SMITH SALES MANAGER - ILEANA GARCIA EVENT #01729 Hall C C Rooms M/I: Event: M/O: 06/10-12 06/13-16 06/17-18 [c] South Florida Boat Show (PUBLIC) Marine Industries Unlimited, Inc. 1000 East Atlantic Blvd., Suite 206F Pompano Beach, FL 33060 Mr. Brad G. Michael Tel: (954) 946-6164 Fax: (954) 946-6202 EVENT MANAGER- EVELYN RIVERA SALES MANAGER - ILEANA GARClA EVENT #01487 Halls B & C Rooms B112-113, C127 & C33 M/l: Event: M/O: 06/20 06/21-22 06122 Ici Import Xpression.Com (PUBLIC) Evolution Communications 139-42 58th Avenue Flushing, NY 11355 Mr. Harry Qian Tel: (718) 888-9800 Fax: (718) 939-1108 EVENT MANAGER - EVELYN RIVERA SALES MANAGER - ILEANA GARClA EVENT #01740 Hall C Room C127 M/h Mtgs: Event: M/O: 06/21-23 06/23-26 06/24-25 06/26 ici Billing World 2003 {TRADE) Telestrategies, Inc. 7918 Jones Branch Drive, 3rd Floor McLean, VA 22102 Ms. Bernadette Eaton-Douglas Tel: (703) 734-2628 Fax: (703) 893-3197 EVENT MANAGER - ALETHEA COLE-SMITH SALES MANAGER - ILEANA GARClA EVENT #01708 Hall A A Rooms M/I: Event: M/O: 06/23-26 06/27-29 06/30-07/01 [c] Tigers of Asia Show/Expo {TRADE) Tigers of Asia 2921 Coral Way Miami, FL 33145 Mr. Michael Finocchiaro Tel: (305) 445-3788 Fax: (305) 529-9217 EVENT MANAGER - EVELYN RIVERA SALES MANAGER - XlOMARA GOODMAN EVENT #01702 Halls B & C C Rooms M/h Event: M/O: 06123-26 06127-29 06/30-07/01 Export to the USA {TRADE) Tigers of Asia 2921 Coral Way Miami, FL 33145 Mr. Michael Finocchiaro Tel: (305) 445-3788 Fax: (305) 529-9217 EVENT MANAGER - EVELYN RIVERA SALES MANAGER - XlOMARA GOODMAN EVENT #01703 Hall D D Rooms M/l: Event: M/O: 07/08-11 07/12-17 07/18 [c] 2003 NAACP Convention (CONVENTION) NAACP 4805 Mount Hope Drive Baltimore, MD 21215 Ms. Ana Aponte Tel: (410) 358-8900 Fax: (410) 764-7742 EVENT MANAGER - ALETHEA COLE-SMITH SALES MANAGER - MELISSA GAFFNEY EVENT #01033 Halls B,C,D B,C,D Rooms & JGT M/I: Event: M/O: 07/19-21 07~22-24 0725 America's Security/Fire Expo {TRADE) ROC Exhibitions 1963 University Lane Lisle, IL 60532 Mr. Marc Rosenstock Tel: (630) 271-8223 Fax: (630) 271-8234 EVENT MANAGER- EVELYN RIVERA SALES MANAGER - ILEANA GARCIA EVENT #01357 Hall B & C B, C Rooms M/l: 08/18-19 Ici Florida International Medical Expo {TRADE) Hall C Event: M/O: 08/20-21 08/22-23 3354 17th Street Sarasota, FL 34235 Mr. Brad Mandell Tel: (941) 366-2554 Fax: (941) 366-9861 EVENT MANAGER - ALETHEA COLE-SMITH SALES MANAGER - ILEANA GARClA EVENT #01434 C Rooms M/h Event: M/O: 08/26-28 08/29-09/02 09/03 [c] Miami Home Design & Remodeling Show Home Show Management Corp. (PUBLIC) 1450 Madruga Avenue Coral Gables, FL 33146 Mr. Steve Plotkin Tel: (305) 667-9299 Fax: (305) 667-3266 EVENT MANAGER - EVELYN RIVERA SALES MANAGER - ILEANA GARClA EVENT #01488 Halls B & C Rooms Bl12-113, C127, Cll2/3/4 Event: M/O: 09/07-09 09/10-13 09/14 lc] Latin Amedca Market Show (PUBLIC) Hall C Confex International Corporation 1820 North Corporate Lakes, Suite 305 Weston, FL 33326 Mr. Guido Tassini Tel: (954) 888-9454 Fax: (9540 888-9456 EVENT MANAGER - EVELYN RIVERA SALES MANAGER - ILEANA GARClA EVENT#O1759 Rooms C127 & C123-126 M/I: Event: M/O: 09/08-09 09/10-12 09/13 [c] 2003 La Cumbra De Tourismo (TRADESHOW) La Cumbre, Inc. P.O. Box 1651 Pointe Vedra, FL 32004 Mr. Rick Still Tel: (904) 285-3333 Fax: (904) 285-6036 EVENT MANAGER - ALETHEA COLE-SMITH SALES MANAGER - ILEANA GARCIA EVENT#01755 Hall D D Rooms & D128-131 M/I: Event: M/O: 09/16 09/17-19 09120 VM & SD International Retail Design Conference (TRADE) ST Media Group International 407 Gilbert Avenue Cincinnati, OH 45202 Ms. Laurie Miller, Event Manager Tel: (513) 421-2050 Fax: (513) 421-3076 EVENT MANAGER - EVELYN RIVERA SALES MANAGER - MELISSA GAFFNEY EVENT # 01736 Hall B B Rooms M/I: Event: M/O: 09/17-19 09/20-22 09/23 [c] Jeweler's Intemational Showcase (TRADE) Jeweler's International Showcase, Inc. 6405 Congress Avenue, Suite 125 Boca Raton, FL 33487-2827 Mr. Michael Breslow Halls A & D A & D Rooms 10 Tek (561) 998-0205 Fax: (561) 998-0209 EVENT MANAGER - XlOMARA GOODM.a~I SALES MANAGER - MELISSA GAFFNEY EVENT #01468 M/I: Event: M/O: 09/26-28 09/29-10/01 10/02 [c] Material World (TRADE) Urban Expositions 1395 South Marietta Parkway Building 400, Suite 210 Marietta, GA 30067 Mr. Tim von Gal Tel: (678) 285-3976 Fax: (678) 285-7469 EVENT MANAGER- EVELYN RIVERA SALES MANAGER - MELISSA GAFFNEY EVENT #01509 Hall B B Rooms M/I: Event: M/O: 10/05-07 10/08-11 10/12-13 Ici DEMA Annual Tradeshow & Conference (TRADE) Diving Equipment & Marketing Association C/O National Trade Productions 313 S. Patrick Street Alexandria, VA 22314 Mr. Kent Riffert, Show Manager Tel: (703) 683-8500 Fax: (703) 706-8229 EVENT MANAGER - ALETHEA COLE-SMITH SALES MANAGER - MEMSSA GAFFNEY EVENT #01463 Halls A,B,C,D A,B,C,D Rooms Event: M/O: 10/22-23 10/24-26 10/27 Antique Jewelry & Watch Show (PUBLIC) dmg world media 8956 Lely Island Circle Naples, FL 34113 Ms. Andrea Canady Tel: (239) 732-6642 Fax: (941) 732-6652 EVENT MANAGER - EVELYN RIVERA SALES MANAGER - ILEANA GARCIA EVENT #01489 Hall A Room A110-111 M/I: Event: Mtgs: M/O: 10/26 10/27-28 10/27-29 10/29-30 [c] BoatBuilding 2003 (TRADE) National Marine Manufacturers Assoc. 200 East Randolph Drive, Suite 5100 Chicago, IL 60601 Mr. Stephen Evans Tel: (312) 946-6238 Fax: (312) 946-0388 EVENT MANAGER - ALETHEA COLE-SMITH SALES MANAGER - MELISSA GAFFNEY EVENT #01635 Hall D D Rooms & C123-126 M/I: Event: M/O: 11/01-06 11/07-16 11/17-19 ici South Florida Auto Show 2003 (PUBLIC) S. Florida Auto-Truck Dealers Association 1380 NE Miami Gardens Drive, Suite 125 North Miami Beach, FL 33179 Mr. Cliff Ray Tel: (305) 947-5950 Fax: (305) 947-5954 EVENT MANAGER - EVELYN RIVERA Halls A.B,C,D A,B,C,D Rooms 11 SALES MANAGER - MELISSA GAFFNEY EVENT #00652 M/I: Event: M/O: 11/20 11/21-23 11/23 ici Holiday Gift Antique Show (PUBLIC) dmg world media 1555 Palm Beach Lakes Blvd. West Palm Beach, FL 33401 Ms. Bethany Coleman Tel: (561) 640-3433 Fax: (561) 640-3266 EVENT MANAGER - XlOMARA GOODMAN SALES MANAGER- ILEANA GARClA EVENT #01763 Hall D & Room D Studio M/l: Event: M/O: 11/24-12/02 12/03-07 12/08-11 Art Basel Miami Beach (PUBLIC/TRADE) The International Art Fair Schweizer Mustermesse AG Messeplatz Basel, Switzerland 4021 Mr, Marc Battig Tel: 011-41-61-686-2254 Fax: 011-41-64-686-2182 EVENT MANAGER - ALETHEA COLE-SMITH SALES MANAGER - MELISSA GAFFNEY EVENT f1~)1295 Halls A & D A & D Rooms Event: M/O: 12/11-12 12/13 12/14 Ici Hot Import Nights (PUBLIC) Hot Import Nights, LLC 15285 Alton Parkway, Suite 100 Irvine, CA 92618 Mr. Richard Goodwin Tel: (949) 789-7439 Fax: (949) 789-7444 EVENT MANAGER - XlOMARA GOODMAN SALES MANAGER - ILEANA GARCIA Event # 01754 Halls B & C Room C127 2004 M/I: Event: M/O: Event: M/O: 01/14-16 01/17-19 01/20 ici 01/16-22' [c] 01/23-25 01/26-27 Jeweler's Intemational Showcase (TRADE) Jeweler's International Showcase, Inc. 6405 Congress Avenue, Suite 125 Boca Raton, FL 33487-2827 Mr. Michael Breslow Tek (561) 998-0205 Fax: (561) 998-0209 EVENT MANAGER - XlOMARA GOODMAN SALES MANAGER - MELISSA GAFFNEY EVENT #O1497 *See contract for specific Mil and MIO times Graphics of the Americas (TRADE) Printing Association of Florida, Inc. P.O. Box 170010 Hialeah, FL 33017 Mr. Chris Price Tel: (305) 558-4855 Fax: (305) 823-8965 12 Halls A & D A & D Rooms Halls A,B,C,D A,B,C,D Rooms EVENT MANAGER - ALETHEA COLE-SMITH SALES MANAGER - MELISSA GAFFNEY EVENT #00480 *See contract for sr~ecific Mil dates in each hall M/l: Event: M/O: 01/27-29 01/30-02/04 02/04 ici The Original Miami Beach Antique Show (PUBLIC) dmg world media 8956 Lely Island Circle Naples, FL 34113 Ms. Andrea Canady Tel: (239) 732-6642 Fax: (941) 732-6652 EVENT MANAGER - XlOMARA GOODMAN SALES MANAGER - ILEANA GARClA EVENT #01490 Halls A,B,C l't Level A & B Rooms 1st Level Pod Area & C127 M/I: Event: M/O: 02/05-11 02/12-17 02/18-21 [c] Miami International Boat Show (PUBLIC) National Marine Mfgrs. Association 9050 Pines Blvd Pembroke Pines, FL 33024 Ms. Cathy A. Johnston Tel: (954) 441-3220 Fax: (954) 430-4171 EVENT MANAGER- EVELYN RIVERA SALES MANAGER - MELISSA GAFFNEY EVENT #01381 Halls A,B,C,D A,B,C,D Rooms M/l: Event: M/O: 02/22-24 02/25-26 02/27 ici OSS World 2004 (CONFERENCE) Telestrategies, Inc. 7918 Jones Branch Drive, 3'~ Floor McLean, VA 22102 Ms. Bernadette Eaton-Douglas Tel: (703)734-2628 Fax: (703) 893-3197 EVENT MANAGER - XlOMARA GOODMAN SALES MANAGER - ILEANA GARCIA EVENT #01738 Hall D D Rooms M/I: Event: M/O: 02/26-29 03/01-03 03/04 2004 Training Conference & Expo (CONVENTION) VNU Expositions, Inc. CIO Dulles International Airport P.O. Box 17413 Washington, DC 20041 Ms. Angela Talbot Tel: (703) 488-2700 Fax: (703) 488-2800 EVENT MANAGER - EVELYN RIVERA SALES MANAGER - MELISSA GAFFNEY EVENT ~1438 * See contract for seecific dates in Halls & Meetino Rooms Halls A,B,C A,B,C Rooms & D229-230 03/11-15 Seatrade Cruise Shipping Conference (TRADE) 13 Halls A,B,C,D Event: M/O: 03/16-19 03120-21 CMP Princeton, Inc. 125 Village Boulevard, Suite 203 Princeton Forrestal Village Princeton, NJ 08540 Mr. Michael Kazakoff Tel: (609) 452-9414 Fax: (609) 452-9374 EVENT MANAGER - EVELYN RIVERA SALES MANAGER - M ELISSA GAFFNEY EVENT #01003 A,B,C,D Rooms M/I: Event: M/O: 04/20-26 04/27-29 04/30-05/01 ici IDEA 2004 (CONVENTION) Halls B,C,D Association of the Nonwoven Fabrics Industry B,C,D Rooms 1300 Crescent Green, Suite 135 Cary, NC 27511 Ms. Lori Ledford Reynolds Tel: (919) 233-1210 Fax: (919) 233-2382 EVENT MANAGER - ALETHEA COLE-SMITH SALES MANAGER - MELISSA GAFFNEY EVENT #01285 M/I: Event: M/O: 08/31-09/02 09/03-07 09/08 Ici Miami Home Design & Remodeling Show Home Show Management Corp. (PUBLIC) 1450 Madruga Avenue Coral Gables, FL 33146 Mr. Steve PIotkin Tel: (305) 667-9299 Fax: (305) 667-3266 EVENT MANAGER - XlOMARA GOODMAN SALES MANAGER - ILEANA GARClA EVENT # Halls B & C Rooms Bl12-113, C127, Cll2/314 M/I: Event: M/O: 10/13-14 10/15-17 10/18 Ici Antique Jewelry & Watch Show (PUBLIC) dmg world media 8956 Lely Island Circle Naples, FL 34113 Ms. Andrea Canady Tel: (239) 732-6642 Fax: (941) 732-6652 EVENT MANAGER - EVELYN RIVERA SALES MANAGER - ILEANA GARCIA EVENT #01762 Hall B Rooms B112-113 Event: M/O: 10/13-15 10/16-18 10/19 Jeweler's International Showcase (TRADE) Jeweler's International Showcase, Inc. 6405 Congress Avenue, Suite 125 Boca Raton, FL 33487-2827 Mr. Michael Breslow Tel: (561) 998-0205 Fax: (561) 998-0209 EVENT MANAGER - XlOMARA GOODMAN SALES MANAGER - MELISSA GAFFNEY EVENT #01507 * Mil to Hall C and C Rooms 10114-15 only Halls A.C.D A.C,D Rooms M/l: Event: 10/29-11/04 11/05-14 [c] South Florida Auto Show (PUBLIC) S. Florida Auto-Truck Dealers Association 1380 NE Miami Gardens Drive, Suite 125 North Miami Beach, FL 33179 Halls A,B,C,D A,B,C,D Rooms 14 M/O: 11/15-17 Mr. Cliff Ray Tel: (305) 947-5950 Fax: (305) 947-5954 EVENT MANAGER - EVELYN RIVERA SALES MANAGER - MELISSA GAFFNEY EVENT #~0653 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:~\ci.rniami-beach,fl.us PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 INVITATION TO BID NO. 02-02/03 ADDENDUM NO. 7 December 10, 2002 ADA RENOVATIONS FOR THE MIAMI BEACH CONVENTION CENTER is amended as follows: I. The following are answers to questions by prospective bidders. Q. The pattern and design shown for toilet walls: Will it be acceptable to do the wall area to be covered with the "Fissured Pattern" in the "Duroplex" product in one color and to paint over that color with the alternative colors and patterns where required using Triarch's Fresco painL A. Yes, it will be acceptable if fresco paint refers to Spatula Stubbi Orenetian Piaster)and there is no cost increase, and the design is the same. The manufacturer must warranty the installation if the contractor uses that installation method. II. The following specifications on the carriers for the plumbing fixtures shall be amended as follows: Instead of JOSAM brand they should be J.IL SMITH BRAND Model #'s (or approved equal) · Single Vertical Water Closet Carrier 00450 · Back to Back (double vertical) Water Closet Carrier g0625 · Lavatory Carrier #0700-27 · Urinal Carrier g0644 IH. Item No. 2 of section IH of Addendum 6 has been amended to read as follows: Shutters: Shutters are not required for exterior steel doors, if doors have Dade County Product approval that includes impact ceflffication for thc required wind loads. The wind loads for the exterior doors is required to be negative (-) 73.3 / positive (+) 67.4 except for Doors 15, 16, 316B, and 317 B which require negative (-) 87.6 / positive (+) 67.4. Bidders are required to acknowledge this addendum on proposal page128, "Acknowledgement of Addenda", or the bid may be considered non-responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director rill TABLE OF CONTENTS PAGE NOTICE FOR BIDS ......................................................................................................... 7 NO BID NOTIFICATION FORM ................................................................................... 10 PLANS AND SPECIFICATIONS ORDER FORM ..........................................................11 00100. GENERAL INSTRUCTIONS TO BIDDERS ............................................. 12 00200. DEFINITIONS .......................................................................................... 13 00300. INSTRUCTIONS TO BIDDERS ............................................................... 16 1. Examination of Contract Documents and Site ............................... 16 2. Pre-Bid Interpretations .................................................................. 16 3. Submitting Bids ............................................................................. 17 4. Printed Form of Bid ....................................................................... 17 5. Bid Guaranty ................................................................................. 17 6. Acceptance or Rejection of Bids ................................................... 18 7. Determination of Award ................................................................. 18 8. Evaluation ..................................................................................... 18 9. Contract Price ............................................................................... 18 10. Postponement of Date for Presenting and Opening of Bids .......... 18 11. Qualifications of Bidders ............................................................... 19 12. Addenda and Modifications ........................................................... 19 13. Prevailing Wage Rates .................................................................. 19 14. Occupational Health and Safety .................................................... 19 15. Environmental Regulations ........................................................... 20 16, "Or Equal" Clause ......................................................................... 20 17. Protested Solicitation and Award .................................................. 21 18. Financial Stability and Strength ..................................................... 21 00400. BID/TENDER FORM ................................................................................ 22 00405. CITY OF MIAMI BEACH LICENSES, PERMITS AND FEES ................... 25 00407. SCHEDULE OF PRICES BID .................................................................. 26 00410. BID GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT ................................................27 00500. SUPPLEMENT TO BID/TENDER FORM QUESTIONNAIRE ................................................................................... 29 BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10118/02 3 00520. 00530. 00540. 00550. 00600. 007O8. 00710. 00720. 00721. 00735. 00800. TABLE OF CONTENTS (Continued) SUPPLEMENT TO BID/TENDER FORM NON-COLLUSION CERTIFICATE .......................................................... 35 SUPPLEMENT TO BID/TENDER FORM DRUG FREE WORKPLACE CERTIFICATION ....................................... 36 SUPPLEMENT TO BID/TENDER FORM TRENCH SAFETY ACT ........................................................................... 38 RECYCLED CONTENT INFORMATION ................................................. 40 CONTRACT ............................................................................................. 41 FORM CERTIFICATE OF INSURANCE .................................................. 52 FORM OF PERFORMANCE BOND ........................................................ 52 FORM OF PAYMENT BOND ................................................................... 52 CERTIFICATE AS TO CORPORATE PRINCIPAL .................................. 58 PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT ................................................59 GENERAL CONDITIONS ........................................................................ 61 1. Project Manual .............................................................................. 61 2. Intention of City ............................................................................. 61 3. Preliminary Matters ....................................................................... 62 4. Performance Bond and Payment Bond ......................................... 63 5. Qualification of Surety ................................................................... 64 6. Indemnification .............................................................................. 66 7. Insurance Requirements ............................................................... 66 8. Labor and Materials ...................................................................... 69 9. Royalties and Patents ................................................................... 70 10. Weather ........................................................................................ 70 11. Permits, Licenses and Impact Fees .............................................. 70 BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 4 TABLE OF CONTENTS (Continued) 12. Resolution of Disputes .................................................................. 71 13. Inspection of Work ........................................................................ 72 14. Superintendence and Supervision ................................................ 72 15. City's Right to Terminate Contract ................................................ 74 16. Contractor's Right to Stop Work or Terminate Contract ....................................................................... 75 17, Assignment ................................................................................... 75 18. Rights of Various Interests ............................................................ 76 19. Differing Site Conditions ................................................................ 76 20. Plans and Working Drawings ........................................................ 77 21. Contractor to Check Plans, Specifications, and Data ............................................................... 77 22. Contractor's Responsibility for Damages and Accidents ............................................................... 77 23. Warranty ....................................................................................... 77 24. Supplementary Drawings .............................................................. 78 25. Defective Work .............................................................................. 78 26. Taxes ............................................................................................ 79 27. Subcontracts ................................................................................. 79 28. Separate Contracts ....................................................................... 79 29. Use of Completed Portions ........................................................... 80 30. Lands for Work .............................................................................. 81 31. Legal Restrictions and Traffic Provisions ...................................... 81 32. Location and Damage to Existing Facilities, Equipment or Utilities .................................................... 82 33. Value Engineering ......................................................................... 83 34. Continuing the Work ...................................................................... 83 35. Changes in the Work or Terms of Contract Documents ................................................................. 83 36. Field Orders and Supplemental Instructions ................................. 84 37, Change Orders .............................................................................. 84 38, Value of Change Order Work ........................................................ 85 39, Notification and Claim for Change of Contract Time or Contract Price .................................................... 90 40. No Damages for Delay .................................................................. 90 41, Excusable Delay; Compensable; Non-Compensable ........................................................................ 91 42, Substantial Completion ................................................................. 92 43. No Interest .................................................................................... 92 44. Shop Drawings .............................................................................. 93 BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 5 00900. 00920. 00922. 00923. 00925. 00926. 00930. 00950. 01000. 02000. 03000. 04000. 05000. 06000 TABLE OF CONTENTS (Continued) 45. Assignment ................................................................................... 94 46. Safety and Protection .................................................................... 95 47. Final Bill of Materials ..................................................................... 96 48. Payment by City for Tests ............................................................. 96 49. Project Sign ................................................................................... 96 50. Hurricane Precautions ................................................................... 96 51. Cleaning Up; City's Right to Clean Up ........................................... 97 52. Removal of Equipment .................................................................. 97 53. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act ............................................... 97 54. Project Records ............................................................................. 98 SUPPLEMENTARY CONDITIONS .......................................................... 99 ADDITIONAL ARTICLES ....................................................................... 100 Prevailing Wage Rate Ordinance ................................................ 100 Federal Grant Projects ................................................................ 100 WAGE RATES ..................................................................... 101 STATEMENT OF COMPLIANCE (PREVAILING WAGE RATE ORDINANCE NO. 83-72) ......................... 105 STATEMENT OF COMPLIANCE (DAVIS BACON ACT) ............................................................................ 106 CERTIFICATE OF SUBSTANTIAL COMPLETION ............................... 107 FINAL CERTIFICATE OF PAYMENT .................................................... 109 FORM OF FINAL RECEIPT ................................................................... 110 DRAWINGS INDEX ............................................................................... 112 ADDENDA AND MODIFICATIONS ....................................................... 117 TECHNICAL SPECIFICATIONS ............................................................ 118 BID PROPOSAL FORM ......................................................................... 121 UNIT PRICES ............................................................................... 124 ACKNOWLEDGEMENT Of ADDENDA ................................................ 128 CUSTOMER REFERENCE LISTING .................................................... 129 ORDINANCES; LOBBYISTS, CONE OF SILENCE, DEBARMENT, CODE OF BUSINESS ETHICS, PROTESTED SOLICITATION AWARD, LOBBYIST FEE DISCLOSURE ............................................................ 131 BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 6 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.fi.us PROCUREMENT DIVISION INVITATION TO BID NO. 02-02103 Telephone (305) 673-7490 Facsimile (305) 673~7851 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 22th day of November 2002 for: ADA RENOVATIONS FOR THE MIAMI BEACH CONVENTION CENTER Scope of Work: The work specified in this bid consists of furnishing all materials, labor, equipment, supervision, mobilization, overhead & profit required to provide but not limited to the following: 1. Renovation of 58 restrooms broken down as follows: - 26 women & 26 men public restrooms - 2 women & 2 men employee restrooms - 2 unisex restrooms The restmoms will be reconfigured, re-plumbed and be provided with new fixtures and new finishes resulting in improved ADA compliant toilet facilities. 2. Replacement of 100 doors, frames & door Hardware on the west side , with improved ADA- compliant hardware. 2a. Replacement of 50 door closers. 3. Replacement of pull-up w/pedestrian doors with 5 new motorized roll-up overhead doors. 4. Miscellaneous structural work to accommodate the new roll-up openings & their doors. 5. Removal of existing doors as noted on plan. 6. Lower the ticket window of 3 box offices to be ADA - compliant. 7. New Strobe lights in janitor closets as noted in plans. The work above includes but is not limited to Concrete work, Concrete patching, Masonry, Stucco Steel Doors & frames, Access Doors, Roll up Doors, Plumbing, Toilet fixtures, Bathroom Accessories, Toilet compartments, terrazzo tile, Paint, Security glass, Marble work, Gypsum wall board, Metal work, Metal stud framing, Acoustical ceiling tile, Decorative Wall Finishes: Duroplex - textured acrylic coating, Heating, Ventilation & Air conditioning Ductwork replacement and rerouting, Fire Sprinkler Systems, Electrical Systems, Lighting, Life Safety & Fire Alarm features. Estimated Budget: $2,500,000.00 BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10118/02 7 Minimum Requirements: Prospective Bidders (General Contractor and/or Sub- Contractors) must have 5 years minimum experience in General Commercial Construction with an emphasis on plumbing installations and restroom renovations. The General Contractor and/or Sub-Contractors must have required licenses in order to obtain all required permits for the completion of the project. Bid Guaranty: 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. A Pre-Bid Conference will be held at 11:00 a.m. on November 7, 2002 at the City of Miami Beach Convention Center Executive Offices, located 1901 Convention Center Drive, 4th Floor, 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 Onvia as our electronic procurement service for automatic notification of bid opportunities and document fulfillment. We encourage you to participate in this bid notification system. To find out how you can receive automatic bid notifications or to obtain a copy of this Bid, go to www.demandstar.com or call toll-free 1-800-711-1712, and request Document #023. 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://ci.miami-beach.fi.us). From the City's home page, click on E-Government - on line services on the next web page click on Request Bid Information and Bid Status and follow the instructions. Plans and specifications are available for this bid but must be ordered through T-Square Miami, Phone No. (305) 324-1234. The attached order form on page 11 of the Bid package must be completed and returned to T-Square Miami before prospective bidders will receive requested plans and specifications. Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing by mail or facsimile to the Procurement Department, 1700 Convention Center Drive, Miami Beach, FL 33139 FAX: (305) 673-7851. The Bid title/number shall be referenced on all correspondence. BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 8 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. 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 Gus Lopez, CPPO Procurement Director BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 9 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\ci.miami- beach.fl, us PROCUREMENT DIVISION r Telephone (305) 673-7490 Facsimile (305) 673-7851 Bid No. 02-02/03 ADA RENOVATIONS FOR THE MIAMI BEACH CONVENTION CENTER I NO BID NOTICE TO PROSPECTIVE BIDDERS 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 productJservice. __ 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 o_[ this completed form, may result in your company being removed from our vendors list. BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 10 C.O.D Order T-SQUARE ATTN:CARMEN DAVILA FAX 305-324-8040 PHONE 305-3241234 EX, 320 CITY OF MIAMI BEACH BID # 02-02/03 ADA RENOVATIONS FOR THE MIAMI BEACH CONVENTION CENTER Authorized by: Roman Martinez Plans - 24x36 Fax: 305.324.8040 Technical Specifications - 8.5 x 11 Price per SQ.FT $ .12cnts full size/ half size $1.00 per first copy &.45 second copy (MINIMUM ORDER FOR FREE DELIVERY $20.00 PER DELIVER) COMP,4NYN,4ME: ORDER BY: Bill to: COD T-Square Acct# Credit Card # Visa:__ Amex: Master: Other: Total 613204 Cash: Ex. date In the name of: Authorization signature Ship TO: City. State .zip code Phone: Fax: Contact name Title Received by: Received by: Next day air __ Three day select shipped by: UPS # shipped by: UPS # Next day air saver Ground .__ Handling charge $ Order received by T-Square: FEDEX # FEDEX # Second day air AM. Second air Title: ANY QUESTION AT T-SQUARE PLEASE CALL 305-324-1234 ASK FOR: Rusty James = VP Production Don Walker = Production Department Jesus Luya = Production Department Veronica Lorza = Account Manager Carmen Elena Davila = Sales Manager = Ext. 202 = Ext. 224 = E~.224 = E~.230 = E~.320 If you already have an account with T-Square please use your account # to place the order. Thank you for your business. BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 11 00100. GENERAL INSTRUCTIONS TO BIDDERS: 4. 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 rome 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. 4. Scope of Work: The work specified in this bid consists of furnishing all materials, labor, equipment, supervision, mobilization, overhead & profit required to provide but not limited to the following: 1. Renovation of 58 restrooms broken down as follows: - 26 women & 26 men public restrooms - 2 women & 2 men employee restrooms - 2 unisex restrooms The restrooms will be reconfigured, re-plumbed and be provided with new fixtures and new finishes resulting in improved ADA compliant toilet facilities. 2. Replacement of 100 doors, frames & door Hardware on the west side, with improved ADA- compliant hardware. 2a. Replacement of 50 door closers. 3. Replacement of pull-up w/pedestrian doors with 5 new motorized roll-up overhead doors. 4. Miscellaneous structural work to accommodate the new roll-up openings & their doors. 5.Removal of existing doors as noted on plan. 6.Lower the ticket window of 3 box offices to be ADA - compliant. 7.New Strobe lights in janitor closets as noted in plans. The work above includes but is not limited to Concrete work, Concrete patching, Masonry, Stucco Steel Doors & frames, Access Doors, Roll up Doors, Plumbing, Toilet fixtures, Bathroom Accessories, Toilet compartments, terrazzo tile, Paint, Security glass, Marble work, Gypsum wall board, Metal work, Metal stud framing, Acoustical ceiling tile, Decorative Wall Finishes: Duroplex - textured acrylic coating, Heating, Ventilation & Air conditioning Ductwork replacement and rerouting, Fire Sprinkler Systems, Electrical Systems, Lighting, Life Safety & Fire Alarm features. 3. Location of Work: 1900 Convention Center Drive - Restrooms of all Halls A, B, C, D & all Lobbies Box Offices, Loading Docks and otherwise noted on plans. Miami Beach, Florida - 33139. 4. Abbreviations and Symbols: 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: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 12 00200. DEFINITIONS: 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 /or 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: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 13 1.11. 1.12. 1.13. 1.14. 1.15. 1.16. 1.17. 1.18. 1.19. 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. Contract Price: The original amount established in the bid submittal and award by the City, as may be amended by Change Order. 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. 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. 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. 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. 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. Materials: Materials incorporated in this Project, or used or consumed in the performance of the Work. 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. Plans and/or Drawings: The official graphic representations of this Project which are a part of the Project Manual. BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 14 1.20. 1.21. 1.22. 1.23. 1.24. 1.25. 1.26. .27. 1.28, Program Manager: URS Corp. Eastern Financial BId.q. Suite 1000, 700 Royal Ponciana Blvd, Miami Sprin.qs, Florida 33166. 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. BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 15 00300. INSTRUCTIONS TO BIDDERS: 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. Pro-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. Thero 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: 02-02/03 CITY OF MIAMI BEACH DATE: 10/15/02 16 Submittin,q 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: ADA RENOVATIONS FOR THE MIAMI BEACH CONVENTION CENTER BID/CONTRACT NO.: 02-02103 Printed Form of Bid: All bids must be made upon the blank Bid/Tender 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. Bid Guaran : ~" ~';'~° ~'~ ~ ......... :~ ~"' ""*~'"' ="' v,.~ .......... nn.~4 *"~"'°u'o"'" "~oc~' '"' h,-...,~- ~,-..~ ,-.~ =ny . .~ ~ ........ co,.-,d!t!onod upon tho successful Bidder executing the Contract and providing the required one-hundred percent (100%) Performance Bond and Payment Bond and evidence of required insurance within fifteen (15) calendar days after notification of award of the Contract. A P.CR$ONAL CHOCK OR A CO.MP.^.H.v ~'ucnv nc ~ ,-,innr-~ ~UA[I kinT Dr' nr-c~r'n ^ w^l In Din liquid=tod '~ ........ * ...... '"' ~"' "', . .... v_~.* ccd ....... ; ....... ~'~ .."~'"'.~ ,,,~... ................................ provide the required Performance Bond, Payment Bond and Certificate(s) of Insurance, -within fifteen (15) calendar days after notification of the award of the Contract, or failure to comply with any other requirements set forth herein. The time for execution of the Contract and provision of the Performance Bond, Payment Bond and Certificate(s) of Insurance may be extended by the City's Procurement Director for good cause Ccr. tr=ct. 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: 02--02/03 CITY OF MIAMI BEACH DATE: 10/18/02 17 10. Acceptance or Reiection of Bids: The City reserves the dght 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. 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: The ability, capacity and skill of the bidder to perform the Contract. Whether the bidder can perform the Contract within the time specified, without delay or interference. The character, integrity, reputation, judgement, experience and efficiency of the bidder. The quality of performance of previous contracts. The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. 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. Contract Price: The Contract Price is to include the fumishing of all labor, materials, equipment including tools, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the Contract Documents. The cost of any item(s) of Work not covered by a specific Contract unit price or lump sum price shall be included in the Contract unit price or lump sum price to which the item(s) is most applicable. Postponement of Date for Presentin,q and OpeninR 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: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 18 11. Qualifications of Bidders: Bids shall be considered only from firms normally engaged in performing the type of work specified within the Contract Documents. Bidder must have adequate organization, facilities, equipment, and personnel to ensure prompt and efficient service to City. In determining a Bidder's responsibility and ability to perform the Contract, City has the right to investigate and request information concerning the financial condition, experience record, personnel, equipment, facilities, principal business location and organization of the Bidder, the Bidder's record with environmental regulations, and the 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. 14. Prevailing Wa.qe 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. Occupational Health and Safety: In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this bid must be accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the manufacturer. The MSDS must include the following information: 14.1. The chemical name and the common name of the toxic substance. 14.2. The hazards or other risks in the use of the toxic substance, including: 14.2.1. The potential for fire, explosion, corrosion, and reaction; BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 19 15. 16. 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. Environmental ReRulations: 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. "Or Equal" 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: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 20 17. ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S PROCUREMENT DIRECTOR, WHO SHALL FORWARD SAME TO CONSULTANT. Protested Solicitation Award: Bidders that are not selected may protest any recommendation for Contract award in accordance with City of Miami Beach Ordinance No. 2002-3344, which establishes procedures for resulting protested bids and proposed awards. Protest not timely pursuant to the requirements of Ordinance No. 2002-3344 shall be barred. 18. Financial Stability and StrenRth: 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: 02--02/03 CITY OF MIAMI BEACH DATE: 10/18/02 21 00400. BID/TENDER FORM: Submitted: Cily of Miami Beach, Florida 1700 Convention Center Drive Miami Beach, Florida 33139 The undersigned, as Bidder, hereby declares that the only persons interested in this bid as principal are named herein and that no person other than herein mentioned has any interest in this bid or in the Contract to be entered into; that this bid is made without connection with any other person, firm, or parties making a bid; and that it is, in all respects, made fairly and in good faith without collusion or fraud. The Bidder further declares that it has examined the site of the Work and informed itself fully of all conditions pertaining to the place where the Work is to be done; that it has examined the Contract Documents and all addenda thereto furnished before the opening of the bids, as acknowledged below; and that it has satisfied itself about the Work to be performed; and that it has submitted the required Bid Guaranty; and all other required information with the bid; and that this bid is submitted voluntarily and willingly. The Bidder agrees, if this bid is accepted, to contract with the City, a political subdivision of the State of Florida, pursuant to the terms and conditions of the Contract Documents and to fumish all necessary materials, equipment, machinery, tools, apparatus, means of bansportation, and all labor necessar7 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 pe,~itted 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. In Ihe event of arithmetical e,,urs, the Bidder agrees that these e,,urS 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 l~O: 02-02/03 CITY OF M~MI BEACH DATB: 10/18/02 22 Acknowledgment is hereby made of the following addenda (identified by number) received since issuance of the Project Manual: The Bidder shall acknowledge this bid by signing and completing the spaces provided below. Name of Bidder. City/State/Zip: Sodal Security No. or Federal Dun and Brads;~-eet No.: (if applicable) If a partnership, names and addresses of partners: BID NO: 02-02~3 CITY OF MIAMI BEACH DATE: 10flS/~2 23 (Sign below if not incorporated) WITNESSES: (Type or Print Name of Bidder) (Signature) (Type or Print Name Signed Above) (Sign below if incomorated) ATTEST: ~~----~Secretary (CORPORATE SEAL) Title) (Type or Print Name Signed Above) Incorporated under the laws of the State of: ~ BID NO: 02..02/03 CITY OF MIAMI BEACH DATE: 10/18~02 24 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. NOTE: Occupational licenses from City of Miami Beach firms will be required to be submitted within fifteen (15) days of notification of intent to award. Occupational licenses will be required pursuant to Chapter 205.065 Flodda Statutes. a) If the contractor is a State of Florida Certified Contractor the b) followin.q will be required: 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 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: 02-4}2/03 CITY OF MIAMI BEACH DATE: 10/18/02 25 00407. SCHEDULE OF PRICES BID: Consideration for Indemnification of CITY $25,00 [ ] Cost for compliance to all Federal and State requirements of the Trench Safety Act* [NOTE: If the brackets are checked or marked, the Bidder must fill out the Trench Safety Act sheet, Page 38, Section 00540, to be considered responsive.] BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 26 99'!. !9. B!9 GUAP~..N ,TY FORM App!!c=nt: in United St:tss Funds at of of BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 27 Aut .......... u ....... BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 28 00500. SUPPLEMENT TO BID/TENDER FORM: THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE BID, HOWEVER, ANY ADDITIONAL INFORMATION NOT INCLUDED IN THE SUBMITTED FORM AS DETERMINED IN THE SOLE DISCRETION OF THE CITY, SHALL BE SUBMITTED WITHIN SEVEN (7) CALENDAR DAYS OF THE CITY'S REQUEST. QUESTIONNAIRE The undersigned authorized representative of the Bidder certifies the truth end accuracy of all statements and the answers contained herein. How many years has your organization been in business while possessing one of the licenses, certifications, or registrations spedfied in Section 00405? UcenaelCertificat~ordllRpglstmtlpn# # Years 2. What is the last project of this nature that you have completed? Have you ever failed to complete any work awarded to you? If so, where and why? 3A. Give owner names, addresses and telephone numbers, and surety and project names, for all projects for which you have performed work, where your surety has intervened to assist in completion of the project, whether or not a claim was made. BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10~18~2 29 o Give names, addresses and telephone numbers of three individuals, corporations, agencies, or institutions for which you have performed work: 4.1. 4.2. (name) (address) I/xkt ~ ~,~ ,,,,~'(...~l,.~¢'" (phone t. t, 3 73 - 7233 (name) (address) ~i~ ~ ;, ~- JY/3~ (phone (name) c.O.(. (address) 3J145 (phone~) List ~e foll~ing info~afion ~n~ming all ~n~a~s in progress as of the date of submission of ~is bid. (In ~se ~ ~ventum, list the i~ation for all ~ntumm.) TOTAL DATE OF % OF NAME OF O~ER & CONTRACT COMPLETION COMPLETION PR~ECT PHONE ~ VA~UE PER CONTACT TO DATE 6. Has a representative ~ ~e Bidder ~mpletely inspe~ed the proposed pmje~ and does the Bidder have a complete plan for its performance? 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 perfom-~ed by each such subcontractor(s). Indude the name of the subcontractor(s) and the approximate percentage of work. BID NO: 02-02/83 Ci'i'~ OF MIAMI BEACI:I DATI~: 10/18/~2 30 The foregoing list of subcontractor(s) may not be amended after award of the Contract without the prior written approval of the Contract Administrator, whose approval shall not be unreasonably withheld. What equipment do you own that is available for the work? What equipment will you purchase for the proposed work? 10. What equipment will you rent for the proposed work? 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. 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 12.2 The business is a (Sole Proprietorship) (Partnership) (Corporation). 12.3 The address of principal place of business is ! 12.4 The names of the corporate officers, or partners, or individuals doing business under a bade name, ars as follows: 12.5 List all organizations which were predecessors to Bidder or in which the principals or officers of the Bidder were principals or officers. BID [NO: 02-02/03 Cl'I'~ OF MIAMI BEACH DATg: 10/18/02 32 12.6. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description the disposition of each such petition. 12.7. List and describe all successful Performance or Payment Bond claims made to your surety(les) during the last five (5) years. The list and descriptions should include claims against the bond of the Bidder and its predecessor organization(s). 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. BID INO: 02-02/03 Cl'y~( OF MIAMI BEACH DAT~: 10/18/02 33 12.9. List and descdbe all criminal proceedings or hearings concerning business related offenses in which the Bidder, its principals or officers or predecessor organization(s) were defendants. 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. 12.11. Under what conditions does the Bidder request Change Orders. BID NO: 0202/03 CIT~r OF MIAMI BEACH DAT~: 10/18/02 34 00520. SUPPLEMENT TO BID/TENDER FORM NON-COLLUSION CERTIFICATE THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO BE DEEMED RESPONSIBLE. Submitted this I(,o dayof ~.,~-:c~*-1~')]l-7~?~-' ,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, Flodda, for the performance of all requirements to which the Bid pertains. The Bidder states[~ this Bid is~sed upon the documents identified by the following number: B~ ~ PRINTED NAME ,LE (IF CORPO ON! '/ BID NO: 0202/03 CITY OF MIAMI BEACH DATE: 10/18/02 35 00530. SUPPLEMENT TO BID/TENDER 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 wdting, of the statement required by subparagraph (1), that as a condition of employment on a covered Contract, the employee shall: (i) (ii) Abide by the terms of the statement; and 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 othen~ise receiving actual notice of such conviction. The notice shall include the position title of the employee; BID NO: 02-02~3 CITY OF MIAMI BEACH DATE: 10/18/02 36 (6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (i) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; and (7) Making a good faith effort to maintain a drug-free t~/~-kplace pm~_.gr, am through implementation of subparagraphs(I)through (6~ t (Print Vendor Name) STATE OF, '~,.~*', COUNTY OF ~, ~-~ , ,.The foregoing instrument was acknowledged before me this of ~, '- ·: ,/ ,20 ,by t as _ (nam.e. of perso~whose si~_g, nature is.being notarized) --~,,,--¢..~ (~?,,~ (title) of (_" C\7. C .... £~?;¥, ~,..~':.~"~ ~' '~ ~ (.it?C~')' (name of corporation/company) known to me to be the person described herein, or who produced as identification, and who did/did not take an oath. NOTARY PUBLIC: (l~dnt Name) I '* My commission expires: , _ ~,, C~, BID l~O: 02-02/03 CITY OF MIAMI BEACH DATE: 10f18/02 37 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 Quantity Unit Unit Price Price Extended Method Total BlD [riO: 02-02/03 CITY OF MIAM! BEACH DATE: 10/18/02 38 IN ~)RDER TQ BE CONSIDERED RESPONSIVE, THE BIDDER MUST COMPLETE* THIS FORM, SIGN AND SUBMIT IT WITH ITS BID DOCUMENT. ^ut~of Bidd,r *CC.'.'..~LETION REQUIRES FILUNG IN THE APPROPRIATE DETAILS UNDER THE HEADINGS. I.e.. DESCRIPTION. UNIT, QUAN II ~ ~' PRICE, UNIT PRICE, EXTENDED, AND METHOD. BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: I0/18/02 39 00550. RECYCLED CONTENT INFORMATION In support of the Florida Waste Management Law, Bidders are encouraged to supply with their bid, any information available regarding recycled material content in the products bid. The City is particularly interested in the type of recycled material used (such as paper, plastic, glass, metal, etc.); and the percentage of recycled material contained in the product. The City also requests information regarding any known or potential material content in the product that may be extracted and recycled after the product has served its intended purpose. BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 40 00600. CONTRACT CONTRACT THIS IS A CONTRACT, by and between the City of Miami Beach, a political subdivision of the State of Florida, hereinafter referred to as CITY, and CAZO CONSTRUCTION CORP., hereinafter referred to as CONTRACTOR. W I T N E S S E 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: 02-4}2/03 CITY OF MIAMI BEACH DATE: 10/18/02 41 2.2 2.3 2.4 2.5 2.6 Time is of the essence throughout this Contract. This project shall be substantially completed within five-hundred-eighty-five (585) calendar days from the issuance of the second Notice to Proceed, and completed and ready for final payment in accordance with Article 5 within thirty (30) calendar days from the date certified by CONSULTANT as the date of Substantial Completion. 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 Five. Hundred Dollars ($500.00) 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 Five-Hundred Dollars ($500.00) 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. 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. 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. SAVINGS - City and Contractor recognize that both parties will benefit financially should the Project be completed prior to the contract time specified in Paragraph 2.2 of the Contract (Agreement). Accordingly, for each calendar day that the contract work is accepted by the City prior to the contract time specified for Substantial Completion in Paragraph 2.2 of the Contract (585 calendar days) BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 42 the Contractor shall receive as liquidated savings for early completion, the amount of Five-Hundred Dollars ($500) per day. The total liquidated savings payment shall not exceed $10,500. Such payment will be made after final acceptance in accordance with Section Article 5. The liquidated savings payment amount represents a reasonable estimate of the City's savings for inspection, engineering services and administrative costs realized from early completion. BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 43 ARTICLE 3 THE CONTRACT SUM [ ] This is a Unit Price Contract:* 3.1 CITY shall pay to CONTRACTOR the amounts determined for the total number of each of the units of work completed at the unit price stated in the schedule of prices bid. The number of units contained in this schedule is an estimate only, and final payment shall be made for the actual number of units incorporated in or made necessary by the Work covered by the Contract Documents. 3.2 Payment shall be made at the unit prices applicable to each integral part of the Work. These prices shall be full compensation for all costs, including overhead and profit, associated with completion of all the Work in full conformity with the requirements as stated or shown, or both, in the Contract Documents. The cost of any item of work not covered by a definite Contract unit price shall be included in the Contract unit price or lump sum price to which the item is most applicable. [ X ] This is a Lump Sum Contract:* 3.1 CITY shall pay to CONTRACTOR for the performance of the Work described in the Contract Documents, the total price stated as awarded. 3.2 Payment shall be at the lump sum price stated in the Contract. This price shall be full compensation for all costs, including overhead and profit, associated with completion of all the work in full conformity with the requirements as stated or shown, or both, in the Contract Documents. The cost of any item of work not covered by a definite Contract lump sum should be included in the lump sum price to which the item is most applicable. *Note: Some Projects include both unit prices and lump sums in which case both sections shall apply to the Work identified for each type of Contract. ARTICLE 4 PROGRESS PAYMENTS 4.1 CONTRACTOR may make Application for Payment for work completed during the Project at intervals of not more than once a month. CONTRACTOR's application shall show a complete breakdown of the Project components, the quantities completed and the amount due, together with such supporting evidence as may be required by CONSULTANT. CONTRACTOR shall include, but same shall be limited to, at Consultant's discretion, with each Application for Payment, an updated progress schedule acceptable to CONSULTANT as BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 44 4.2 4.3 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. 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 wdting in a separate stand alone document. 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: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 45 5.1 5.2 5.3 5.4 6.1 ARTICLE 5 ACCEPTANCE AND FINAL PAYMENT 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. 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. 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. 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 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: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 46 6.2 Where there is a conflict between any provision set forth within the Contract Documents and a more stringent state or federal provision which is applicable to this Project, the more stringent state or federal provision shall prevail. 6.3 Public Entity Crimes In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the CITY, may not submit a bid on a contract with the CITY for the construction or repair of a public building or public work, may not submit bids on leases of real property to the CITY, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the CITY, and may not transact any business with the CITY in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the CITY purchase and may result in Contractor debarment. 6.4 Independent Contractor CONTRACTOR is an independent contractor under this Contract. Services provided by CONTRACTOR pursuant to this Contract shall be subject to the supervision of CONTRACTOR. In providing such services, neither CONTRACTOR nor its agents shall act as officers, employees, or agents of the CITY. This Contract shall not constitute or make the parties a partnership or joint venture. 6.5 Third Party Beneficiaries 6.6 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. 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: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 47 The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section, For the present, the parties designate the following: For CITY: Procurement Division 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Gus Lopez, Procurement Director With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach~ Florida 33139 For Contractor: Cazo Construction Corp. 3461 SW 8tn Street Miami, Florida 33135 Attn: Armando Cazo, President 617 Assi,qnment and Perfo~ance 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: 02-4)2/03 CITY OF MIAMI BEACH DATE: 10/18/02 4~ 6.8 Matedality and Waiver of Breach CITY and CONTRACTOR agree that each requirement, duty, and obligation set forth in these Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. CITY's failure to enforce any provision of this Contract shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. 6.9 Severance In the event a portion of this Contract is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless CITY or CONTRACTOR elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 6.10 Applicable Law and Venue This Contract shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Contract, CONTRACTOR and CITY hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Project. CONTRACTOR, shall specifically bind all subcontractors to the provisions of this Contract. 6.11 Amendments No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the Board and CONTRACTOR. 6.12 Prior A.qreements 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: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 49 representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with Section 6.11 above. IN WITNESS WHEREOF, the parties/l~ ~e .~t their hands and seals the day and year first above written. C t~l~lay~r CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE CORPORATION OR NONCORPORATION FORMAT, AS APPLICABLE. Jif incorporated sign below.] ATTEST: {J (SecreJ'ary) (Corporate Seal) on) (Print Name and Title) /'~ day of '/~. ,20. ~'~., [If not incorporated sign below.] WITNESSES: CONTRACTOR By: (Name of Firm) (Signature) (Print Name and Title) __ day of ,20 APPROVED AS TO CIT?~I~I~5) FULLY-EXECUTED CONTRACTS, FOR DISTRIBUTION. & FOR EXECU Y~'~~~~~"~ CITY OF MIAMI BEACH ~ ~0~ o. 2~o ~ o~ ~o This is the frontpage of the performance/payment bond issued in compliance with Florida Statute Chapter 2~5.0~ Surety Name: Bond Number: Contractor Name: Carolina Casualty Insurance Company 2202 N, We~tshore Blvd., Suite 200 Tampa, FL 33607 g13-639-7625 #087078 Cazo Construction Corp. 3461 S.W. 8th St. Miami, FL 33135 305-448-1895 City of Miami Beach 1700 Convention Center Drive MiAmi Beach, FL 33139 305-673-7495 Project Number: 02-02/03 Project Description: ADA Renovations for the Miami Beach Convention Center Project Address: ~ Beach Convention Center, Miami B~ac~, FL Description of PropetW: Miami Beach Convention Center, Miami.. Miami- Dade County, FL This is the front pttge of the bond. Ail other pages are subsequent regardless of the pre-printed numbers. 007'10. FORM OF PERFORMANCE BOND BY THIS BOND, We Principal, hereinafter c.l~OLIl~ CIk~L~ IlqSlmA~CE COHP~I'/ ' Beach, Florida, as Obligee, CAZO CONSTRIIC'Z"ION COR.F, , as called CONTRACTOR, and , as Surety, are bound to the City of Miami hereinafter called CITY, in the amount of 'il=ce ~li11'~oa '['t~'e_e ]la~a=.ed ~:i.~.-e~g.b.~ollai..s ($},358,OOO.O~for the payment whereof CONTP, ACTOR 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.: 02.'02./o3 , awarded the ,~th day of ~'ebrt~t-y ..... 20 03, 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 ~re hereafter referred to as the "Contract"; THE CONDITION OF THiS BOND is that if CONTRACTOR: Performs the Contract between CONTRACTOR and CITY for construction of ADA l~-no~atious for: the ~'-~*.r~ Beach Conveni::f. on Cianttl~¢ Contract being made a part of this Bond by reference, at the times and in the manner prescribed in ~he Contract; and Pays CITY all losses, liquidated ctamages, expenses, costs and attorney's fees including appellate proceedings, that CITY sustains as a result of defauE by CONTRACTQR under the Contract; and BID NO: 0~02/03 CITY OF IvIIAM[ BEACR DATE: 10/18/02 ~3 FORM OF PERFORMANCE BOND (Continued) · Pedorms the guarantee of ail work and materials furnished under the Contract for the lime 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 defauit under the Contract, CITY having performed CITY obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 3.1. 3.2, Complete the Project in accordance with the terms and conditions of the Contract Documents; or Obtain a bid or bids for completing the Projeot in accordance with the terms and conditions of the Contract Documeni~s, 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 defaul! or a succession of defaults under the Contract or Con,acts of completion arranged under this paragraph) sufficient funds to pay the cost of completion tess the balance of the Contract Price; but nct exceeding, including other costs and damages for which the Surety may be liable hereunctar, tl~e amount set forth in the tirsl: paragraph hereof. The term "balance of the Contract Pric~," as used in this paragraph, shait mean the total amount payab{e by CITY to CONTRACTOR under the Contract and any amendments thereto, less the am(~unt 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 heroin. The Surety hereby waives notice of and agrees that any changes in or under the' Contract Documents and c~mpiiance or noncompliance with any formalities connected with the Contract or the changes does not affect Surebj's obligation under this Bend. Signed and sealed this 20cb day of Eet~aa~-, BID NO: 02-02/03 C['F~ OF ~iAM! BEACI] DATE: Z0/tS/02 ~3 FORM OF PERFORMANCE BOND WITNESSES: d Secreta~ (CORPORATE SEAL) (Continued) c_..~ ~'~l~pa'$,~,.~'_(;3:z.e~ coRz,. orporation)By: ~? (Print Name and Title) tN THE PRESENCE OF: INSURANCE COMPANY: Address: 2202 11. Veacsho~:e BJ,i~I, Sulte 200 (S eet) T~ ~ 33~7 (Ci~/S~te~lp CoMe) Telephone No.: BID NO: 02,,02103 CiTY OF ~ BEACJ'[ D&'I"E: i0/:[8t02 ~4 00720, FORM OF PAYMENT BOND BY THIS BOND, We c^~.o coa's'rJ[uc'~:oti c~. , as Principal. heminaf~r called CONT~CTOR, and ~o~ ~ ~S~C~ ~ , as Sure~, are bound ~ the City of Miami Beach, Fledda. as OblJgee, hereinafter called CI~, in the amount of ~ee ~ ~ee ~d~ed Dollars (~,358,oo0.~) ~r the payment ~eigh~"~d ~d UU/~uu-~- ~ereoF CONT~CTOR and Surety bind ~hemse[ves, their heir, axe.tom, admJn[s~ators, successom and assigns, join~y and sevem0y. WHEREAS, CONT~CTOR has by wdtten agreem~t entered in~ a Contra~, ~i~/Con~ac~ No.: 02~2/03 ~ ~a~ed ~e S~h day of ~e~ ,20 03 , wi~ C~ which Contract Documents are by reference ~ncorpora~ed herein and made a lfquida~ed damages, an~ other damages [~en~ed, and for ~e p~oses of ~is Bond are herea~r THE CONDITION OF THIS BOND is that if CONTRACTOR: Pays CITY all losses, liquidated damages, expenses, costs and affomey's fees including appellate prOceedings, ~at CITY sustains because of default by' CONTRACTOR under the Contract; and Promptly makes payments to all claimants as defined by Florida Statu{e 255.05(1) for all labor, materials and suppJiea used directly or indirectly by CONTRACTOR in the performance of the Contract; THEN CONTRACTOR'S OBLtGATICN SHALL BE VOID: OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.,1. A claimant, except a (aborer, who is not in pMvity with CONTRACTOR and who has not received payment for Its Iabor, materials, or supplies shall, within for~-/ive (45) days after beginning to furnish labor, materials, or supplies tar the prosecution of the wort<, furnish to CONTRACTOR a ne§ce that he intends to look to the bond for protection. DATE: 10/I$102 ' 55 FORM OF PAYMEN.._T.R..OND (Con,hued) 2.2. A ciaimant who is not in privity wi~h CONTRACTOR and who has not received payment for its Iabor, materials, or suppiies shall, within ninety (90) days after performance of the Iabor or after complete defivery of the materials or supplies, deliver to CONTRACTOR and to the Surety, written notice of the performance of ~:he labor or delivery of the materials cr supplies and of the nonpayment, 2,3. No action for the labor, materials, or supplies may be instltuted against CONTRACTOR or the Surety unless the notices stated under [he preceding conditions (2.1) and (2.2) have been given. 2.4, Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255,05(2), Florida Statu~es. The Surety hereby waives n~tfce of and agrees that any changes in or under t'he Contract Documents and compliance or noncompliance with any formalities connected with the Contrac4 or the changes does not affect the Surety's obligation under this Bond. Signed and sealed this '2o~ day of ~ebz'~az'7 ,20 03, ATTEST: ('Corporate Seal) C~ONTI:~CTOR (Print Name and Title) ~[D ~o: o.?,-o~/~3 CITY OF ~[IA~II B~CK DATE: :10/I$/0[ S6 IN THE PRESENCE OF: INSURANCE COMPANY: Address:- ~02 ~. ~e~Ao~e ~d, S~e 200 (S et) Telephone No,: 813~39-76~ i~fD NO: ~-02/03 DATE: 10t! ~';FY OF MIAM"J[ REAC~ TOTAL P,O1 POWER OF ATTORNEY CAROLINA CASUALTY INSURANCE COMPANY JACKSONVILLE, FLORIDA No. 509 KNOW ALL MEN BY THESE PRESENTS: that CAROLINA CASUALTY INSURANCE COMPANY ("Company") a corporation duly organized and existing under the laws of the State of Florida, having its principal office in Jacksonville, Florida, has made, constituted and appointed, and does by these presents make, constitute and appoint: Armando Armas or Tracy A. Alessi or Wanda Daniel of Tampa, FL its tree and lawful Agent and Attorney-in-Fact, with the power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver: any and all bonds and undertakings and to bind the Company thereby as fully and to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney is granted pursuant to the Minutes of the Special Meeting of the Board of Directors of Carolina Casualty Insurance Company held on March 30, 1966, to wit: RESOLVED: "That the following Officers of the Carolina Casualty Insurance Company, Chairman of the Board, President, Secretary and Treasurer, or either of them, are hereby authorized to execute on behalf of Carolina Casualty Insurance Company, Powers of Attorney authorizing and qualifying the Attorney-in-Fact named therein to execute bonds on behalf of the Carolina Casualty Insurance Company, and further, that the said Officers of the Company mentioned, are hereby authorized to affix the corporate seal of the said Company to Powers of Attorney executed pursuant hereto". RESOLVED FURTHER, this Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the company except in the manner and to the extent therein stated. RESOLVED FURTHER, this Power of Attorney revokes all previous powers issued in behalf of the Attorney-in-Fact named above. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF the Carolina Casualty. Insurance Company has. caused these presents to be,.$jgl~r~d and attested by its appropriate officers and its corporate seal hereunto affixed this 4'e. i3. day of lYeDlCa~.-a~, ZUU.3. Q Attest~ ~ ~/fl .,~ Carolina Casualty Insurance Company B y: f '~{.,4~,~L-~Z~~ By: ~//~ ¢ Bet~y C.~..~h'~rlan~l' '- Attain W. Blumberg k.. \ Vice President and Secretary President and Chief Executive Of~ WARNING: THIS POWER OF ATTORNEY INVALID I~ NOT PRINTED ON GREEN "MONITOR" SECTIPdTY PAPER. STATE OF FLORIDA) ss COUNTY OF DUVAL) Onthis 4t:h dayof FObr~a~r3~ , 2003, before me personally came BettgC. Sutherland to me known, who, being by me duly sworn, did depose and say: that she is Secretarg of Carolina Casualty Insurance Company, the Corporation described in and which executed the above instrument; and tha0t~l/she knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that Ill.he signed his/her name thereto by like order. IN WITNESS WHEREOF. I have hereunto set my hand ad affixed my official seal; the day and/.y%ar ~erein first abovc, tmitten. I .~l''g~ '°0~' OF~C~L~T~Y~ I ~e~ . ~ ~I~ImN~B~001~7~ ~b~S~of no~ar~ / og F~O MY~M~IRES SEPT ~.~ CERT~ICATE I, ~e undersized, Secret~ of CAROLINA CASUALTY ~S~ANCE COMPLY, DO HEREBY CERTWY that ~e foregoing is a just, ~e, co~ect ~d complete copy of ofigin~ Power of Attorney; ~at ~e s~d Power of Attorney h~ not been revoked or rescinded ~d that ~e au~ofity of · e Attorney-in-Fact set fo~ ~erein, who executed the bond to w~ch ~s Power of A~omey is attached, is in ~1 force ~d effect ~ of ~s ~te. Given under my h~d ~d ~e se~ of the Comply, t~s ~ day o~ ~ 0 0 3 i~etty C~rS~d, 00708. FORM CERTIFICATE OF INSURANCE A form Certificate of Insurance will be attached here. BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 51 ACORD. CERTIFICATE OF LIABILITY INSURANCE CSR DATEIM'DB I . CAZOC- 1 03/05/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE A- 1 Insurance Group, Inc. HOLDER. THIS CERTIFICATE DOES NOTAMEND, EXTEND OR 27 00 SW 137 AVl; ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Miami FL 33175 Phone.' 305-223-2533 Fax.- 305-220-0765 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA: National Insurance Co. (BRS', INSURER B: Ca~-o Constt'Gction Co="~. INSURERC: 3461 SW 8 St INSURERD: Miami FL 33135 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN iSSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POUC[ES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~N~K ~uu'~ POLICY EFFECTIVE POLICY EXPIRATION LTR NSRn TYPE OF INSURANCE POLICY NUMBER DATE IMM/DD/YY) DATE (MM/DDP(Y) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000 · 000 A X COMMERCIAL GENERAL LIABILITY 03 -0314 02/19/03 02/19/04 PREMIsEsUAMA~b IU(EaKbNlbUoccurence) $ 100 · 000 I CLAIMSMADE ~ OCCUR MEO EXP (Any one person) $ S,000 PERSONAL &ADVINJURY $ 1· 000, 000 GENERAL AGGREGATE $ 2 · 000 · 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/DP AGG $1,000·000 PRO- AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Fa accident) ALL OWNED AUTOS ~,~~/~ BO DI LY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS SODILY INJURY PROPERTY DAMAGE $ (Per acodent) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ rOccUR ~ cLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I TORY LIMITS I IOET~' EMPLOYERS' LIABILITY E.L EACH ACCIDENT $ ANY PROPRiETOR/PARTNER/EXECUTIVE OFFiCER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ If es, describe under S~ECIAL PROVISIONS belOw E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate holder as additional insured. CERTIFICATE HOLDER CANCELLATION CITYMBE City of Miami Beach-City Hall Attn~ Ro~an Martinez 1700 Convention Center Dr. Miami Beach FL 33139 ACORD 25 (2001/08) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO~ DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAJL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FA]LURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, iTS AGENTS OR REPRESENTATIVES. AUTH~~TATIVE © ACORD CORPORATION 1988 ACORD. CERTIFICATE OF LIABILITY INSURANCE I O^TE,MW~n'W~02/13/2003 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Doug Jones c/o Cedar Hill Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 8800 E. Chaparral Rd, Suite 230 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Scottsdale, AZ 85250 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: Zurich-American Insurance Company TeamStaff, Inc. INSURER B: 300 Atrium Drive Somerset, NJ 08873 INSURERC: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ~DD'L POLICY EFFECTIVE POLICY EXPIRATION COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurence) I CL~IMSMADE ~ OCCUR MEDEXP(Anyonepe~son) $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/DP AGG IPOLICYI~PRO'JEQT I~LoC ANY AUTO (Ea accident) $ SCHEDULED AUTOS (Per person) $ ~ NON.OWNED AUTOS (Pm accidenl) (Per eccident) $ EXCEB~MBREL~,IA,,~r¥ /~ge ~ .~v~/~'/0 EACHO~CURRENCE J OCCUR ~ C~MSM^DE A~OREGATE DEDUCTIBLE ~ $ RETENTION $ $ WORKERSCOMPEN~ATIONAND X I TORY LIMITS E,L EACH ACCIDENT $ 1,000,000 A ANY PROPRIETOR/PARTNER/EXECUTIVE WC 51-97-218-00 ! 03/22/2002 04/01/2003 OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If , describe under S~E(~IAL PROVISIONS below E.L DISEASE - POLICY LIMIT $ 1,000,000 Certificate#: 02NJ100713426 Location Coverage Period: 03/22/2002 04/01/2003 ClientS: 536288 Atto: Gus Lopez, Director of Precurement Endorsements: Waiver of Subrogation Coverage is provided for only CAZO CONSTRUCTION CORPORATION those employees leased to but 3461 SW 8TH STREET not subcontractors of:. MIAMI, FL 33135 CERTIFICATE HOLDER CANCELLATION City of Miami Beach - City Hall 1700 Convention Center Drive Miami Beach, FL 33139 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAJL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ACORD 25 (200t108) © ACORD CORPORATION 1988 ACORD., ....... CERTIFICATE OF LIABILITY INSURANCE Medero Insurance Service 3423 SW 8th Street Miami. FL 33135- Cazo Construction Corp 3461 SW 8th Streel Miami, FI 33135 ................. 03/06/03 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICA~ HOLDER THIS CERT~FI~TE DOES NOTAMEND, EXTEND OR ALTER THE COVERAGE AFFORDED aY THE POL C ES BELOW INSURERS AFFORDING COVE~GE }~. ~. _.. ~S Sec~.[~y Insurance ComPanY, HE POLICIES OF INSURANCE LISTED HAVE BEEN ISSUED TO THE NSURED NA~.'~0~ ~6A +~ PoLi~Y ~E~IOD i~iA*+~A ~ ...... u~+A~,~,~,~ MAY PERTA N. THE iNSURANCE AFFORDED aY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS ENCLUSIONS AND CONDITIONS OF SUCH ,,,~OLfCIES'-~G~RE~/~ ~TS-SHQ~F-~ ~V~ BFEN. REDUCED BY PAID C~IMS. OTHER Pol~ FP23-0170 02/18/2003 DEsCR~p7~N ~F ~P~RA T~N$A-~CA ¥~N~v~H~ExCLU~N~ A~DGD BY END~R$E~ENTi~pEC~AL ~R~V~6~N$ Construction Firm or Corporation doing business as Cazo Construction Certificate Holder is to be known as Additional Insured 02118/2004 BODILY INJURy PI~OPE RTY DAM.~O E ,$ ...... ~ :wc~. ~ ~0~'~ ~$ $300,000 i$300,000 $300.000 : $300,000 CERTIFICATE HOLDER City of Miami Beach City Hall 1700 Convention Cenier t i Beach, FI 33139 ;A"~-~ntion: Roman Martinez ACORD 25.~ ADDITIONAL INSURED; INaURER LETTER: CANCELLATION 3 ' d dqn: R T ~.n ~ T J~LI DP ID Aco,;o.. CERTIFICATE OF LIABILITY INSURANCF zo:_= DATE,. O · 03/12/03 ,PRODUCI;R 5900 N. Andrews Ave. #300 ~.0. BO~ 5?27 Ft. Lau~er~ale FL 33~10-5727 ~hon~954-??6-2222 ~ED Cazo CO~Strucbion Corp, Arm~dO Cazo 3461 S. W, ~th Sbrss~ Mim~i ~L 33135 COVERAGSS THIS CERTIFICATE IS ISSUED AS A MAH~K OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXI~ND OR ALTER THE COVERAGE AFFORDED BY THE pOLICIES BELOW, INSURERS AFFORDING COVERAGE INSURER E: THE PO LI(~IES O~'I'NSURANOE LI~EO BELOW ~AV~ I~EEH I&~ED ~ ~E'tNSU~O N~EO A~VE FOR THE ~LICY P~IOD INDITED, ~Y REQUIREM~T. ~RM ~ ~NDITION OF A~ CO~CT OR OTHER ~UME~ W~H RESPECT TO ~ ~lS CER~F~ ~Y BE I~D OR ~Y PE~AIN, THE rNSU~E AFPORD~ BY THE ~rE$ D~RI~ED HEREIN IS ~UBJE~ TO ALL ~E TE~S, EXCLUSIO~ ~D CONOIT~NS OF SUCH POLICES, AGG~TE LIMIT~ 3HO~ ~Y ~VE B~ ~CBD BY PAID C~IMS. $~R ~PE OF t~SU~CE POL~ NUMBER DATE IM~D~. OA~ (U~ ~ U~' COMUERC~L GBN~L L~BI~ ..... J CmMS~OE ~ OCCUR G~L I POuCY ~ JEO~ ~ LOC -~- . . A~AUTO _~I)~MSINED ~N~ LIMff ~DILY ~JURY __. SCHEDULED AUkS (p~ ~) S HI~D AUTOS .,, ~OPER~ ~0 ONLY; A~ S ~ O~UR ~ ~JMS ~ ~CH O~U~CE S AGGRE~TE D~DU~IBL~ : E.L DIS~E-POLICYLI~ S · ax ~o~ 3OS-6T3-T$51 ADDII'~ON~L INSURED;, INSURER LE'rI'ER: -- CANCELLATION CITY OF A~n= ROm~nMar~inez 1700 Convention ~en~er Driv= Miami Be&¢~ FL 33139 KCORD 25-S (Z/97) · tOULD ANY OF THE ABOVE DESCRIBED POUCHES BE CANCELED BEFCN~E ~ ~N iMPOSE ~ OflU~ OR U~L~ OF ~ ~ND ~ON ~ IN~ ~ ~ OR ©ACORD CORPORATION 1988 ACORD. CERTIFICATE OF LIABILITY INSURANCECA .Oc-lCSR FI~'[I OATE(MM/OD/YYYY)03//05/03 ~'ROOUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE A-1 Insurance Group, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2700 SW 137 AV~ ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Miami F~. 33175 Phone: 305-223-2533 Fax.- 305-220-0765 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA: National Insurance Co. (BRS) INSURER B: Cazo Construction Corp. INSURERC: 3461 SW 8 St INSURERD: Miami FL 33135 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD iNDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS· IN:SR ~[3113'L POLICY ,-rt-t:c,¥iVE POLICY EXPIRATION LTR INSRr TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY} DATE {MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1, 000, 000 A X COMMERCIAL GENERAL LIABILITY 03-0314 02/19/03 02/19/04 PREMISEsUAMP'tst;, u I~l=l',l I ~:U(Ea occurence) $ 100,000 I CLAIMS MADE [~ OCCUR MED EXP (Any one person) $ 5,000 PERSONAL&ADVINJURY $1,000,000 GENERAL AGGREGATE $ 2 · 000 · 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/DP AGG $1·000·000 ! POLICY ~PRO' JECT ~] LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ed accident) ALL OWNED AUTOS ~J/_ ~/~ BODILY, N JURY SCHEDULED AUTOS {Per person) $ HIRED AUTOS BODILY INJURY NON'OWNED AUTOS ~ "~ (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - FA. ACCIDENT ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA EABILrTY EACH OCCURRENCE $ ]OCCUR I-~ CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WC STATU- OTH- WORKERS COMPENSATION AND I TORY LIMITS I I ER EMPLOYERS' LIABILITY E.L EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ ;f es. describe under S~ECIAL PROVISIONS below E-L. DISEASE - POLICY L~MIT $ OTHER DESCRIPTION OF OPERATIONS I LOCAT ONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate holder as additional insured. ;ERTIFICATE HOLDER CANCELLATION CITi~MBE City of Miami Beach-City Hall Attn: Roman Martinez 1700 Convention Center Dr. Miami Beach FL 33139 ACORD 25 (200'1/08) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTH~.~TATIVE © ACORD CORPORATION t988 ACORD.. CERTIFICATE OF LIABILITY INSURANCE DA,EIM.DD 02/13/2003 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Doug Jones c/o Cedar Hill Insurance^gency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 8800 E. Chaparral Rd, Suite 230 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Scottsdale, AZ 85250 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: Zurich-American Insurance ComDanv TeamStaff, Inc. INSURER B: 300 Atrium Drive Somerset. NJ 08873 INSURERC: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR~,DD'L POLICY EFFECTIVE POLICYEXPIRATION COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurence) IcL~MsMADE r--] occm MEDEXP(~yo.,Pe~) , S GENERAL AGGREGATE IPOLICY ~JEcTPRO- ~] LOC ANY AUTO (E8 accident) $ SCHEDULED AUTOS (Per person) $ NON-OWNED AUTOS (Per accident) $ (pm. accident) $ AUTO ONLY: AGG , $ EXCESS/UMBRELLA MABIUTY ~ '~ /'~~f ~/~(/~ EACH OCCURRENCE S I OCCUR I~ CLAIMS MADE AGGREGATE $ DEDUCTIBLE ~ $ RETENTION$ $ $ WORKERS COMPENSATION AND X I TORY LIUITS I I ER E.L EACH ACCIDENT $ 1,000,O00 A ANY PROPRIETOPJPARTNEPJEXECUTIVE WC 51-97-218-00 03/22/2002 04/01/2003 OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1,000,000 ' S~ClAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 Certificate#: 02NJ100713426 Location Coverage Period: 03/22/2002 04/01/2003 Cllent~: 536288 Attn: Gus Lopez, Director of Precurement Endorsements: Waiver of Subrogation Coverage is provided for only CAZO CONSTRUCTION CORPORATION those employees leased to but 3461 SW 8TH STREET not subcontractors of: MiAMi, FL 33135 CERTIFICATE HOLDER CANCELLATION City of Miami Beach - City Hail 1700 Convention Center Drive Miami Beach, FL 33139 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, I~IE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITrEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ACORD 25 (2001108) © ACORD CORPORATION 1988 ACORD, ...... CERTIFICATE OF LIABILITY INSURANCE Medero Insurance Service 3423 SW 8th Street Miami. FL 33135- Cazo Construction Cerp 3461 SW 8th Street Miami. FI 33135 - .................................. 03/0§/03 (305)~45_80~2 THIS CERTIFICATE 16 ISSUED AS A MA'~'E~ (~: i~6F~vi~.~-~ON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOTAMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY TH~ POL C ES BELOW INSURERS AFFORDING COVERAGE INI~URE~ ~ L~ Security Insurance Company .T,H,.E.. P_.O_L_I.C.!_ES_..O._F. !_NS.?_RANCE LISTED HAVE SEEN ISSUED TO THE INSURED ~/~1~ *~V'~ F6J~ T~: Po~.i~y I;ERIOD i~°i ......... PiNT Kt::'~UIHEMEN[, TERM OR CONDITION OF ANY CONTRACT OR nTHr:~ r'snt- .................... CATED NOTWITHSTANDING ............. un4c:m/I/vI/H HI=~;FECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY TIlE POLICIES DESCRII~ED HEREIN IS SUBJECT TO ALL THE TERMS ENCLUSIONS AND CONDITIONS OF SUCH ~.s~OL1CIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. GOMiMERCIAL GENERAL LIABILITY I '~'~ ~a~a~ "- Po~ FP23-0170 WORKERS COMPE~ TION AND OTHER 02118/2003 Construction Firm or Corporation doing business as Cazo Construction Cedlficate Holder is to be known as Additional Insured 02118/2004 ~'RO~UCTS. ~i~Oi~ OOMBJN~O ~INGLE LIMIT AUTO ~LY: AGO ~$ $300,000 i$300,000 . $300.000 $300,000 CERTIFICATE HOLDER City of Miami Beach City Hall 1700 Convention Cenier t i Beach, FI 33139 ;A"~tion: Roman Martinez ACORD 25-S (71g~) ADDITIONAL INSURED; INSURER LETTER: CANCELLATION // ~} ACORD CORPORATION 1088 / 14: :].~ P. 02/04 CERTIFICATE OF LIABILITY INSURANCF=zgg; - _A CORD. PRODUCE~ 5900 N. A~drews Ave. 9300 P.O. BOx 5?27 fit. Lauderdal= FL 33310-5727 ~hone=954-??6-2222 Fax=95%-g?6-4446 Cazo ConBtrucbion Cor~, Armando Cazo 3461 S. W, 8th Street COVERAGES THIS CERTIFICATE IS ISSUED AS A MA¥i ~ OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXl~ND OR ALTER THE COVERAGE AFFORDED BY THE ,P~ICIES BELOW. INSURERS AFFORDING COVERAGE IN~URERA; Grea: American E & S Ins. Co. INSURER C; INSURER D: i INSURER E: THE PO UCIES O~ I'NSURANC E LI~TED BELOW NA%~ eEEr~ IGBUED TO ~E'INSUR;O N~ED A~VE FOR THE ~LICY ~OD IN~. NO~ST~DING ANY REQUIREM~T, TE~ ~ ~DITION OF A~ CO~CT OR OTHER ~UME~ WITH RESPEC~ TO ~1~ ~ CElibaTE MAY BE ~D OR ~Y PERTAIN, THE I~U~E AFFORD~ BY THE ~CIE~ D~Ri~ HEREIN I~ SUBJE~ TO ALL THE ~, EXCLUSIO~ ~D CONOIT~NS OF S~H POLICIES. AGGRE~TE LtMIT3 SHO~ ~Y ~VE BE~ ~CED BY PAID C~IMS. ..... ~ ~E COMUERC~L GEN~L ~B~L~ ~1~ D~ (~y One ~m) GE~L AGGRE~ ~IM~ ~PLIES P~R; P~CT~- ~p~p ~ 8 " ~TO~ILE LJA$ILI~ ' ' ' COMBINED ~N~ LIM~ ANY AUTO (~ ~[) ~L O~BD AUTOS .... ~LY ~JURY ___ SCHEDULED AUTOS (Pw ~) BOOILY I~U~ {~t) S . ~,~ E L~Li~ A~O ONLY- ~ ~Cl~ ANY A~O A~0 ONLY: A~ ~H ~CU~CE S ~ O~U. r r ~,Ms ~ AGGRE~TE ~/ IL. ~H A~IDENT ~.~ 0'~E-~ ~S~I i ..... A ~uilders A~sk ~I~031303 03/12/03 11/01/0~ ~t ~ Lo= 3.,3S8,000 · ax to= 305-693-9851 I ~ t M:)m'no~c INSU~D;, iNSURER ~.ETTE~ __ CANCELLATION At~: Ro~nMartineZ 170D Conve~on Center Drive ~,CORD 25~ (7/97) CITY OF ~HOULD AHY OF THE ABOVE DE~CRJBED POIJC~E~ BE ~ED ~ ~ ~h DATE ~F, ~ ~NG INSU~ ~ ~ TO ~IL ~ ~YS ~N IMPOSE NO OBU~T~ OR L~[~ OF A~ ~ND ~N ~ IN~ ~ AGeS OR ©ACORD CORPORATION t981 AC# 0 5 4 0 2 8 ~ STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONA~. REGULATION CONSTRUCTION INDUSTRY I.ICENSING BOARD 108/9.0_/2002 [ 461064979 IC~C007041 The ~ENE~L CO~CTOR N~ed below IS CERTIFIED Under the prov~sions of Chapter 489 FS. Expfration date: AU~ 31, 2004 SEQ#Lo2o82oo241; CAZ0, ARMANDO CAZO CONSTRUCTION CORP 3461 SW 8TH STREET MIAMI FL 33135 JEB BUSH GOVERNOR DISPLAY AS REQUIRED BY LAW KIM BINKLEY-SEYER SECRETARY FIRST-CLASS U.S. POSTAGE PAID MIAMI, FL PERMIT NO. 2~1 084943-1 BUSINESS NAME I LOCA~OH CAZO CONSTRUCIION CORP 5812 CORAL HAY 33155 UNIN DADE COUNTY OWNER CAZO CONSTRUCI'~ON CORP Sec. Type of Buolness 196 GENERAL BUtLDING~CONIRACTOR Uw~ oF ~ c o~OU~l~l on.~ O0 NOT FORWARD ~ ~E t~Nsn CAZO CONSIRUCI*ZON CORP .E.~..ou,..o'Y ARMANDO CAZU CE.~aCA.~. OF ~ 5812 CORAL ~AY 09/1012002 00240000167 oooo? . o SEE OTHER $1DE NORKERS 10 h,lh,,ll,,t,lhhl,,hl,,,hl,,hllh,,,h,h,,Ih,hh,l'll 00710. FORM OF PERFORMANCE BOND BY THIS BOND, We Principal, hereinafter Beach, Florida, as Obligee, , as called CONTRACTOR, and , as Surety, are bound to the City of Miami hereinafter called CITY, in the amount of Dollars ($. .) 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: 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 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: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 52 FORM OF PERFORMANCE BOND (Continued) 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 ,2O BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 53 WITNESSES: Secretary (CORPORATE SEAL) IN THE PRESENCE OF: FORM OFPERFORMANCEBOND (Continued) By: (Name of Corporation) (Signature) (Print Name and Title) INSURANCE COMPANY: By: Agent and Attorney-in-Fact Address: (Street) (City/State/Zip Code) Telephone No.: BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 54 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: 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 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 pdvity 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: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 55 FORM OF PAYMENT BOND (Continued) 2.2. A claimant who is not in privity with CONTRACTOR and who has not received payment for its labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to CONTRACTOR and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. 2.3. No action for the labor, materials, or supplies may be instituted against CONTRACTOR or the Surety unless the notices stated under the preceding conditions (2.1) and (2.2) have been given. 2.4. Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby 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 ,2O ATTEST: (Secretary) By: CONTRACTOR (Name of Corporation) (Signature) (Corporate Seal) (Print Name and Title) __ day of ,2O BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 56 IN THE PRESENCE OF: INSURANCE COMPANY: By: Agent and Attorney-in-Fact Address: (Street) (City/State/Zip Code) Telephone No.: BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 57 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. Secretary (on behalf of) Corporation (SEAL) 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 day of ,20 My commission expires: by. Notary Public, State of Bonded BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 58 00735. PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT: Date of Issue Issuing Bank's No. Beneficiary: City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 We hereby authorize you to draw on at Applicant: Amount: in United States Funds Expiry: (Date) Bid/Contract Number (Bank, Issuer name) 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 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: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 59 Drafts must bear the clause: "Drawn under Letter of Credit No. (Number), of (Bank name) dated This Letter of Credit shall be renewed for successive periods of one (1) year each unless we provide the City of Miami Beach with written notice of our intent to terminate the credit herein extended, which notice must be provided at least thirty (30) days prior to the expiration date of the original term hereof or any renewed one (1) year term. Notification to the CITY that this Letter of Credit will expire prior to performance of the contractor's obligations will be deemed a default. This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not in any way be modified, or amplified by reference to any documents, instrument, or agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this credit that such drafts will be duly honored upon presentation to the drawee. Obligations under this Letter of Credit shall be released one (1) year after the Final Completion of the Project by the (contractor, applicant, customer) This Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict between the law of another state or country and Florida law should arise, Florida law shall prevail. Authorized Signature BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 60 00800. GENERAL CONDITIONS: 1. Proiect Manual: 1.1. The Project Manual includes any general or special Contract conditions or specifications attached hereto. 1.2. The Project Manual, along with all documents that make up and constitute the Contract Documents, shall be followed in strict accordance as to work, performance, material, and dimensions except when CONSULTANT may authorize, in writing, an exception. 1,3. Dimensions given in figures ara 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 fumished 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: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 61 3. Preliminary Matters: 3.1. Within five (5) calendar days prior to the pre-construction meeting described in Section 3.2, CONTRACTOR shall submit to CONSULTANT for CONSULTANT's review and acceptance: 3.1.1. A progress schedule in the indicated form: [ ] Bar Chart [ ] Modified CPM [] CPM IX] 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. [X] 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: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 62 utility relocation, provided, however, neither CONSULTANT nor CITY shall be responsible for the nonperformance by the utility owners. 3.2. At a time specified by CONSULTANT but before CONTRACTOR starts the work at the Project site, a conference attended by CONTRACTOR, CONSULTANT and others as deemed appropriate by Contract Administrator, will be held to discuss the schedules referred to in Section 3.1, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. 3.3. Within thirty-five (35) days from the Project Initiation Date set forth in the Notice to Proceed, a conference attended by CONTRACTOR, CONSULTANT and others, as appropriate, will be held to finalize the schedules submitted in accordance with Section 3.1. Within forty-five (45) days after the Project Initiation Date set forth in the Notice to Proceed, the CONTRACTOR shall revise the original schedule submittal to address all review comments from the CPM review conference and resubmit for CONSULTANT review. The finalized progress schedule will be accepted by CONSULTANT only as providing an orderly progression of the Work to completion within the Contract Time, but such acceptance shall not constitute acceptance by CITY or CONSULTANT of the means or methods of construction or of the sequencing or scheduling of the Work, and such acceptance will neither impose on CONSULTANT or CITY responsibility for the progress or scheduling of the Work nor relieve CONTRACTOR from full responsibility 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. Performance Bond and Payment Bond: Within fifteen (15) calendar days of being notified of the award, CONTRACTOR shall furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached hereto as forms 00710 and 00720. BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 63 4.1. Each Bond shall be in the amount of one hundred pement (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: 02-4)2/03 CITY OF MIAMI BEACH DATE: 10/18/02 64 5.2. 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 Cimular 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 Ratin.qs Cate.qory 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 For projects of $500,000.00 or less, CITY may accept a Bid Bond, Performance Bond and Payment Bond from a surety company which has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued, if the surety company is otherwise in compliance with the provisions of the Florida Insurance Code, and if the surety company holds a currently valid certificate of authority issued by the United States Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States Code, as may be amended from time to time. The Certificate and Affidavit so certifying (Form 00722) should be submitted with the Bid Bond and also with the Performance Bond and Payment Bond. BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 65 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. 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. Insurance Requirements: 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: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 66 7.1.2. 7.1.1.1. 7.1.1.2. Employers' Liability with a limit of 0i1~ Mill|°n!~0~l!~ {$~;000i000~00) DblI~ ($) each accident. 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. Comprehensive General Liability with minimum limits of One M!lliOnDOIi~rs ($1;000;000:00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: [ X ] 7.1.2.1. Premises and/or Operations. [ X ] 7.1.2.2. Independent Contractors. [ X ] 7.1.2.3. Products and/or Completed Operations for contracts over Fifty Thousand Dollars ($50,000.00) CONTRACTOR shall maintain in force until at least three years after completion of all work required under the Contract, coverage for Products and Completed Operations, including Broad Form Property Damage. [ X ] 7.1.2.4. Explosion, Collapse and Underground Coverages. [ X ] 7.1.2.5. Broad Form Property Damage. [ X ] 7.1.2.6. Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. [ ] 7.1.2.7. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. [X] 7.1.2.8. CITY is to be expressly included as an Additional Insured with respect to liability arising out of operations performed for CITY by or on behalf of CONTRACTOR or acts or omissions of CONTRACTOR in connection with general supervision of such operation. BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 67 Ix] [] 7.1.3. Business Automobile Liability with minimum limits of 0~ ~ili!On Dolla~ ($t~000i000;00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the insurance Services Office, and must include: 7.1.3.1. Owned Vehicles. 7.1.3.2. Hired and Non-Owned Vehicles. 7.1.3.3. Employers' Non-Ownership. (Not Applicable to this bid) 7.1.4. Builder's Risk insurance for the construction of and/or addition to aboveground buildings or structures is/is not required. The coverage shall be "All Risk" coverage for 100 percent of the completed value, covering CITY as a named insured, with a deductible of not more than Five Thousand Dollars ($5,000.00) each claim. 7.1.4.1. Waiver of Occupancy Clause or Warranty--Policy must be specifically endorsed to eliminate any "Occupancy Clause" or similar warranty or representation that the building(s), addition(s) or structure(s) in the course of construction shall not be occupied without specific endorsement of the policy. The Policy must be endorsed to provide that the Builder's Risk coverage will continue to apply until final acceptance of the building(s), addition(s) or structure(s) by CITY. []7.1.4.2. Flood Insurance--When the buildings or structures are located within an identified special flood hazard area, flood insurance must be afforded for the lesser of the total insurable value of such buildings or structures, or, the maximum amount of flood insurance coverage available under the National Flood Program. 7.1.5. Installation Floater for the installation of machinery and/or equipment into an existing structure is/is not required. The coverage shall be "All Risk" coverage including installation and transit for 100 percent of the "installed replacement cost value," covering CITY as a named insured, with a deductible of not more than Five Thousand Dollars ($5,000.00) each claim. BID NO: 02=02/03 CITY OF MIAMI BEACH DATE: 10/18/02 68 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, 7.3. 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. 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. Labor and Materials: 8.1. 8.2. 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. CONTRACTOR shall at all times enforce strict discipline and good order among its employees and subcontractors at the Project site and shall not employ on the Project any unfit person or anyone not skilled in the work to which they are assigned. BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 69 o Royalties and Patents: All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article, material, arrangement, appliance, or method that may be used upon or in any manner be connected with the construction of the Work or appurtenances, are hereby included in the prices stipulated in this Contract for said work. 10. Weather: Extensions to the Contract Time for delays caused by the effects of inclement weather shall be submitted as a request for a change in the Contract Time pursuant to Article 40. These time extensions are justified only when rains or other inclement weather conditions or related adverse soil conditions prevent CONTRACTOR from productively performing controlling items of work identified on the accepted schedule or updates resulting in: (1) CONTRACTOR being unable to work at least fifty percent (50%) of the normal workday on controlling items of work identified on the accepted schedule or updates due to adverse weather conditions; or (2) CONTRACTOR must make major repairs to the Work damaged by weather. Providing the damage was not attributable to a failure to perform or neglect by CONTRACTOR, and providing that CONTRACTOR was unable to work at least fifty percent (50%) of the normal workday on controlling items of work identified on the accepted schedule or updates. 11. Permits, Licenses and Impact Fees: 11.1. Except as otherwise provided within the Supplemental Conditions, all permits and licenses required by federal, state or local laws, rules and regulations necessary for the prosecution of the Work undertaken by CONTRACTOR pursuant to this Contract shall be secured and paid for by CONTRACTOR. It is CONTRACTOR's responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the Work to be performed and valid for the jurisdiction in which the Work is to be performed for all persons working on the Project for whom a Certificate of Competency is required. 11.2. Impact fees levied by the City and/or Miami-Dade County shall be paid by CONTRACTOR. CONTRACTOR shall be reimbursed only for the actual amount of the impact fee levied by the municipality as evidenced by an invoice or other acceptable documentation issued by the municipality. Reimbursement to CONTRACTOR in no event shall include profit or overhead of CONTRACTOR. BID NO: 02..02/03 CITY OF MIAMI BEACH DATE: 10/18/02 70 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: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 71 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. 13.3. 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. 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 BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 72 14.2. 14.3. 14.4. 14.5. 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. 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. 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. 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. 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. BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 73 15. CITY's Ri.qht 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. BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 74 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 Right 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. Assi,qnment: 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. BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 75 18. Ri,qhts 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. Differing 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. BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 76 20. Plans and Working Drawings: 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 Responsibility for Damages and Accidents: 23. 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. 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. BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 77 24. Supplementary Drawin.qs: 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. BID NO: 02-4)2/03 CITY OF MIAMI BEACH DATE: 10/18/02 78 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 pay or 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 BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 79 28.3. 28.4. 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. 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. 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. 29.2. 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. 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. BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 80 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 pert'ormed, 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. Legal 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 BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 81 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 Damage to Existing 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 CONTRACTORE}S responsibility to identify and locate all underground and overhead utility lines or equipment affecting or affected by the Project. No additional payment will be made to the CONTRACTOR because of discrepancies in actual and plan location of utilities, and damages suffered as a result thereof. 32.2. The CONTRACTOR shall notify each utility company involved at least ten (10) days prior to the start of construction to arrange for positive underground location, relocation or support of its utility where that utility may be in conflict with or endangered by the proposed construction. Relocation of water mains or other utilities for the convenience of the CONTRACTOR shall be paid by the CONTRACTOR. All charges by utility companies for temporary support of its utilities shall be paid for by the CONTRACTOR. All costs of permanent utility relocation to avoid conflict shall be the responsibility of the utility company involved. No additional payment will be made to the CONTRACTOR for utility relocations, whether or not said relocation is necessary to avoid conflict with other lines. 32.3. The CONTRACTOR shall schedule the work in such a manner that the work is not delayed by the utility providers relocating or supporting their utilities. The CONTRACTOR shall coordinate its activities with any and all public and private utility providers occupying the right-of-way. No compensation will be paid to the CONTRACTOR for any loss of time or delay. 32.4. All overhead, surface or underground structures and utilities encountered are to be carefully protected from injury or displacement. All damage to such structures is to be completely repaired within a reasonable time; needless delay will not be tolerated. The CITY reserves the right to remedy such damage by ordering outside parties to make such repairs at the expense of the CONTRACTOR. ,All such repairs made by the CONTRACTOR are to be made to the satisfaction of the utility owner. All damaged utilities must be replaced or fully repaired. All repairs are to be inspected by the utility owner prior to backfilling. BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 82 33. Value Engineering: CONTRACTOR may request substitution of materials, articles, pieces of equipment or any changes that reduce the Contract Pdce 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. Continuing 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. Changes in the Work or Terms of Contract Documents: 35.1. Without invalidating the Contract and without notice to any surety CITY reserves and shall have the right, from time to time to make such increases, decreases or other changes in the character or quantity of the Work as may be considered necessary or desirable to complete fully and acceptably the proposed construction in a satisfactory manner. Any extra or additional work within the scope of this Project must be accomplished by means of appropriate Field Orders and Supplemental Instructions or Change Orders. 35.2. Any changes to the terms of the Contract Documents must be contained in a written document, executed by the parties hereto, with the same formality and of equal dignity prior to the initiation of any work reflecting BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 83 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 wdtten 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. Chan,qe 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 BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 84 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 Chan.qe 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: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 85 38.2.2. 38.2.3. 38.2.4. 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. 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. 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. Cost of special consultants, including, but not limited to, engineers, architects, testing laboratories, and surveyors BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 86 employed for services specifically related to the performance of the work described in the Change Order. 38.2.5. Supplemental costs including the following: 38.2.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the work except for local travel to and from the site of the work. 38.2.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, applian- ces, office and temporary facilities at the site and hand tools not owned by the workmen, which are consumed in the performance of the work, and cost less market value of such items used but not consumed which remains the property of CONTRACTOR. 38.2.5.3. Sales, use, or similar taxes related to the work, and for which CONTRACTOR is liable, imposed by any governmental authority. 38.2.5.4. Deposits lost for causes other than CONTRACTOR's negligence; royalty payments and fees for permits and licenses. 38.2.5.5. The cost of utilities, fuel and sanitary facilities at the site. 38.2.5.6. Receipted minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the work. 38.2.5.7. Cost of premiums for additional bonds and insurance required because of changes in the work. 38.3. The term "cost of the work" shall not include any of the following: 38.3.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, auditors, accountants, purchasing and BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 87 38.4. 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. 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: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 88 38.5. 38.6. 38.7. 38.8. 38.9. 38.4.2.3. 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. 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 any one 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. 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. 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. 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. 38.8.2. Breakdown shall list the quantities and unit prices for materials, labor, equipment and other items of cost. 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. Each Change Order must state within the body of the Change Order whether it is based upon unit price, negotiated lump sum, or "cost of the work." BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 89 39. Notification and Claim for Chan.qe 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, rites, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. 40. No Dama,qes for Delay: No claim for damages or any claim, other than for an extension of time, shall be made or asserted against CITY by reason of any delays except as provided herein. CONTRACTOR shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from CITY for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by CONTRACTOR for actual delays due solely to fraud, bad faith or active interference on the part of CITY or its CONSULTANT. Otherwise, CONTRACTOR shall be entitled only to BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 90 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 Delay; Compensable; Non-Compensable: 41.1 Excusable Delay. Delay which extends the completion of the Work and which is caused by circumstances beyond the control of CONTRACTOR or its subcontractors, suppliers or vendors is Excusable Delay. CONTRACTOR is entitled to a time extension of the Contract Time for each day the Work is delayed due to Excusable Delay. CONTRACTOR shall document its claim for any time extension as provided in Article 39 hereof. Failure of CONTRACTOR to comply with Article 39 hereof as to any particular event of delay shall be deemed conclusively to constitute a waiver, abandonment or relinquishment of any and all claims resulting from that particular event of delay. Excusable Delay may be compensable or non-compensable: (a) Compensable Excusable Delay. Excusable Delay is compensable when (i) the delay extends the Contract Time, (ii) is caused by circumstances beyond the control of the CONTRACTOR or its subcontractors, suppliers or vendors, and (iii) is caused solely by fraud, bad faith or active interference on the part of CITY or its agents. In no event shall CONTRACTOR be compensated for interim delays which do not extend the Contract Time. CONTRACTOR shall be entitled to direct and indirect costs for Compensable Excusable Delay. Direct costs recoverable by CONTRACTOR shall be limited to the actual additional costs allowed pursuant to Article 38 hereof. CITY and CONTRACTOR recognize and agree that the amount of CONTRACTOR's precise actual indirect costs for delay in the performance and completion of the Work is impossible to determine as of the date of execution of the Contract Documents, and that proof of the precise amount will be difficult. Therefore, indirect costs recoverable by the CONTRACTOR shall be liquidated on a daily basis for each day the Contract Time is delayed due to a Compensable Excusable Delay. These liquidated indirect costs shall be paid to compensate CONTRACTOR for all indirect costs caused by a Compensable Excusable Delay and shall include, but not be limited to, all profit on indirect costs, home office overhead, acceleration, loss of earnings, loss of productivity, loss of BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 91 bonding capacity, loss of opportunity and all other indirect costs incurred by CONTRACTOR. The amount of liquidated indirect costs recoverable shall be NIA 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: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 92 Section 218.74(4), Florida Statutes (1989) as such relates to the payment of interest, shall apply to valid and proper invoices. Shop Drawings: 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. 44.3. 44.4. 44.5. 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. 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. CONTRACTOR shall thoroughly review and check the Shop Drawings and each and every copy shall show this approval thereon. 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 perfom-~ed 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: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 93 44.7. No approval will be given to partial submittals of Shop Drawings for items which interconnect and/or are interdependent where necessary to properly evaluate the design. It is CONTRACTOR's responsibility to assemble the Shop Drawings for all such interconnecting and/or interdependent items, check them and then make one submittal to CONSULTANT along with its comments as to compliance, noncompliance, or features requiring special attention. 44.8. If catalog sheets or prints of manufacturers' standard drawings are submitted as Shop Drawings, any additional information or changes on such drawings shall be typewritten or lettered in ink. 44.9. CONTRACTOR shall submit the number of copies required by CONSULTANT. Resubmissions of Shop Drawings shall be made in the same quantity until final approval is obtained. 44.10. CONTRACTOR shall keep one set of Shop Drawings marked with CONSULTANT's approval at the job site at all times. 45. Field Layout of the Work and Record Drawings: 45.1. The entire responsibility for establishing and maintaining line and grade in the field lies with CONTRACTOR. CONTRACTOR shall maintain an accurate and precise record of the location and elevation of all pipe lines, conduits, structures, maintenance access structures, handholes, fittings and the like and shall prepare record or "as-built" drawings of the same which are sealed by a Professional Surveyor. CONTRACTOR shall deliver these records in good order to CONSULTANT as the Work is completed. The cost of all such field layout and recording work is included in the prices bid for the appropriate items. All record drawings shall be made on reproducible paper and shall be delivered to CONSULTANT prior to, and as a condition of, final payment. 45.2. CONTRACTOR shall maintain in a safe place at the Project site one record copy of all Drawings, Plans, Specifications, Addenda, written amendments, Change Orders, Field Orders and written interpretations and clarifications in good order and annotated to show all changes made dudng 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: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 94 46. 45.3. Safety 46.1. 46.2. 46.3. 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. and Protection: 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. 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. 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: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 95 [ X ] 47. Final Bill of Materials: CONTRACTOR shall be required to submit to CITY and CONSULTANT a final bill of materials with unit costs for each bid item for supply of materials in place. This shall be an itemized list of all materials with a unit cost for each material and the total shall agree with unit costs established for each Contract item. A Final Certificate for Payment cannot be issued by CONSULTANT until CONTRACTOR submits the final bill of materials and CONSULTANT verifies the accuracy of the units of Work. 48. Payment by 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. Project Sign: 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. 50.3. Compliance with any specific hurricane warning or alert precautions will not constitute additional work. 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: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 96 the CONTRACTOR to additional Contract Time as noncompensable, excusable delay, and shall not give rise to a claim for compensable delay. 51. Cleanin.q Up; City's Ri.qht 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 Equipment: 53. 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. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act: CONTRACTOR shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. CONTRACTOR shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by CITY, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, CONTRACTOR shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. CONTRACTOR's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 97 CONTRACTOR shall not engage in or commit any discriminatory practice in violation of City of Miami Beach Ordinance No 92.2824 in performing any services pursuant to this Agreement. 54. Project Records: CITY shall have the dght 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: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 98 00900. SUPPLEMENTARY CONDITIONS: BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/{}2 99 00920. ADDITIONAL ARTICLES: [ X ] 1. Prevailing WaRe 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: water, except water treatment facilities and lift stations; sewer, except sewage treatment facilities and lift stations; storm drainage; road construction, except bridges or structures requiring pilings; and beautification projects, which may include resurfacing new curbs, gutters, pavers, sidewalks, landscaping, new lighting, bus shelters, bus benches and signage. [*NOTE: INSERT IF APPLICABLE] [ ] 2. Federal Grant Projects: (N/A) 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: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 100 WAGE RATES GENERAL DECISION FL020001 10/04/2002 FL1 Date: October 4, 2002 General Decision Number FL020001 Superseded General Decision No. FL010001 State: Florida Construction Type: BUILDING County(ies): DADE BUILDING CONSTRUCTION PROJECTS (does not include single family homes and apartments up to and including four (4) stories) Modification Number Publication Date 0 03/01/2002 1 03/29/2002 2 04/05/2002 3 05/10/2002 4 06/07/2002 5 07/05/2002 6 07/26/2002 7 10/04/2002 COUNTY(ies): DADE * ASBE0060A 09/01/2002 Rates Fringes ASBESTOS WORKERS/HEAT AND FROST INSULATORS 26.13 6.86 ELEC0349A 06/01/2002 ELECTRICIANS (Including Fire Alarm Installation): Electrical contracts including materials that are less than $2,000,000 Rates Fringes 20.50 4.30 + 8% Electrical contracts including materials that are over $2,000,000 22.96 4.30 + 8% BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 101 ELEV0071A 11/01/2001 Rates Fringes ELEVATOR MECHANICS 25.285 7.455+A FOOTNOTE FOR ELEVATOR CONSTRUCTORS: A: Employer contributes 8% basic hourly rate for 5 years or more of service or 6% basic hourly rate for 6 months to 5 years of service as Vacation Pay Credit; Paid Holidays: New Year's Day; Memorial Day; Independence Day; Thanksgiving Day; Christmas Day, plus the Friday after Thanksgiving. ENGI0487A 10/01/2001 Rates POWER EQUIPMENT OPERATORS: Boom Truck Operator 19.23 Crane (Including Truck Crane) 22.40 Crane Oiler (Including Truck Crane) 16.15 Piledrivers 19.25 Fringes 3.40 3.40 3.40 3.00 * IRON0272B 10/01/2002 Rates Fringes IRONWORKERS: Ornamental 19.25 4.45 Reinforcing 19.25 4.45 Structural 19.25 4.45 * PLUM0519A 09/16/2002 Rates Fringes PLUMBERS 21.87 5.58 PLUM0725A 07/16/2002 Rates Fringes PIPEFITTERS (Including HVAC) 23.95 6.50 SFFL0821A 07/01/2002 Rates Fringes SPRINKLER FITTERS 21.20 7.52 SHEE0032C 03/03/2002 Rates Fringes SHEET METAL WORKERS (Including HVAC duct work) 22.40 6.36 SUFL1027A 03/04/1999 ACOUSTICAL TILE INSTALLER Rates Fringes 10.00 0.62 BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 102 BRICKLAYERS/BLOCKLAYERS CARPENTERS (Including Drywall Hanging and Batt Installation) CARPET LAYERS CEMENT MASONS/CONCRETE FINISHERS DRYWALL FINISHERS GLAZIERS LABORERS: Unskilled (Including Mason Tending) Pipelayers Plasterer Tenders PAINTERS, BRUSH PLASTERERS POWER EQUIPMENT OPERATORS: Backhoe Bulldozer Grader Loader Concrete Pump Operator Roller ROOFERS TILE SETTER TRUCK DRIVERS 15.36 12.90 2.40 14.25 14.50 3.15 12.50 13.05 2.42 8.70 13.81 10.09 9.61 15.05 15.71 2.85 14.58 2.85 15.93 2.85 15.04 2.85 14.78 12.84 2.85 9.99 12.50 0.87 10.95 1.83 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a) (1) (ii)). In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour BID NO: 02=02/03 CITY OF MIAMI BEACH DATE: 10/18/02 103 Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 4.) Ail decisions by the Administrative Review Board are final. END OF GENERAL DECISION BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 104 00922. STATEMENT OF COMPLIANCE (PREVAILING WAGE RATE ORDINANCE NO. 94-2960) No. O~ -- 0?/0,3 . Contract No. Project,Title ,~()~4.~ _/~_.,~..~..~-~:c-f~'.~l,../~; ~ The undersigned CONTRACTOR hereby swears under penal~ of perju~ that, during the period cover~ by the application for payment to which this statement is a~ached, all mechanics, labomm, and apprentices, employed or working on the site of the Proje~, have been paid at wage rotes, and that the wage rates of payments, contributions, or costs for fringe benefits have not been les~han those required by City of Miami Bea~ Ordinance No. 94-2960 and the applicabl. ~~e Contract. ~ ) "m--. The fo~regoing instrument was acknowledged beforerme this 1/_t ~' day of ,'~_ )d (' .(~ C'c'~.3C.(" ,20 O, ,'~'by ~'~ (' C~'W'~,: '-,('q", ~.. C,,/_'C, who is personally known to me or who has produced as identification and who did/did not take an oath. WITNESS my hand and official seal, this I!~ ~k day of (NOTARY SEAL) Public - StYe of ~ ~ Commllilofl # DD132814 · My commission expires: ~-'! - £'ct- Ok;, (s~g.it,,u~ o~ per. on ta.~,g ac~.ow~edg,~nt) . ,, . (f'x,c,,c.\5:(-,c\ ~(typed, printed or stamped) (Serial number, if any) BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 105 00923. STATEMENT OF COMPLIANCE (DAVIS BACON ACT) No. 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 bee~r~ss than th~ required by the Davis Bacon Act and the applicable conditions of the (:~d~f[act. STATE OF I-q: t~-'. ~._c; (~.\) ) ss COUNTY OF "!~'~¢NL~(. ) (Print Name and'Title) / ,"~-t :.~¢"t..,' ~.~. . The foregoing Instrument was acknowledged before ,/"~(~, ~:¢~\'~ , 21T~_:.,¼ by ~P~d-~'-~"'~C',,~"~ personally known to me or who has produced me this~'t~,O~t\.',, day of ~ C'. L who is as identification and who did/did not take an oath. WITNESS my hand and official seal, this ,., ~ day of ..... C 20 (NOTARY SEAL) (Signa~- :~f Personltak~g acl~nowledg~nt) ~'~ ~.~u~ - s~ ~ ~ [ (Nam offi~r takind a~nowledgme~) d~:~ ~ ~~,,~ r (~ped, printed or stamp~) (Tffle (Sedal number, if any) My ~mmi~lon expires: B~ NO: 0~3 CI~ OF MIAMI BEACR DA~: 10~8~2 106 00925. CERTIFICATE OF SUBSTANTIAL COMPLETION: PROJECT: (name, address) CONSULTANT: TO (CITY): BID/CONTRACT NUMBER: CONTRACTOR: CONTRACT FOR: NOTICE TO PROCEED DATE: DATE OF ISSUANCE: PROJECT OR DESIGNATED PORTION SHALL INCLUDE: The Work performed under this Contract has been reviewed and found to be substantially complete and all documents required to be submitted by CONTRACTOR under the Contract Documents have been received and accepted. The Date of Substantial Completion of the Project or portion thereof designated above is hereby established as which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. DEFINITION OF DATE OF SUBSTANTIAL COMPLETION The Date of Substantial Completion of the Work or portion thereof designated by CITY is the date certified by CONSULTANT when all conditions and requirements of permits and regulatory agencies have been satisfied and the Work, is sufficiently complete in accordance with the Contract Documents, so the Project is available for beneficial occupancy by CITY. A Certificate of Occupancy must be issued for Substantial Completion to be achieved, however, the issuance of a Certificate of Occupancy or the date thereof are not to be determinative of the achievement or date of Substantial Completion. BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 107 A list of items to be completed or corrected, prepared by CONSULTANT and approved by CITY, is attached hereto. The failure to include any items on such list does not alter the responsibility of CONTRACTOR to complete all work in accordance with the Contract Documents. The date of commencement of warranties for items on the attached list will be the date of final payment unless otherwise agreed in writing. CONSULTANT BY 'DATE In accordance with Section 2.2 of the Contract, CONTRACTOR will complete or correct the work on the list of items attached hereto within from the above Date of Substantial Completion. CONSULTANT BY DATE CITY, through the Contract Administrator, accepts the Work or portion thereof designated by CITY as substantially complete and will assume full possession thereof at (time) on (date). City of Miami Beach, Florida By Contract Administrator Date The responsibilities of CITY and CONTRACTOR for security, maintenance, heat, utilities, damage to the work and insurance shall be as follows: BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 108 00926. FINAL CERTIFICATE OF PAYMENT: PROJECT: (name, address) CONSULTANT: BID/CONTRACT NUMBER: TO (CITY): CONTRACTOR: CONTRACT FOR: NOTICE TO PROCEED DATE: DATE OFISSUANCE: All conditions or requirements of any permits or regulatory agencies have been satisfied. The documents required by Section 5.2 of the Contract, and the final bill of materials, if required, have been received and accepted. The Work required by the Contract Documents has been reviewed and the undersigned certifies that the Work, including minor corrective work, has been completed in accordance with the provision of the Contract Documents and is accepted under the terms and conditions thereof. CONSULTANT BY DATE CITY, through the Contract Administrator, accepts the work as fully complete and will assume full possession thereof at (time) (date). City of Miami Beach, Florida By Contract Administrator Date BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 109 00930. FORM OF FINAL RECEIPT: [The following form will be used to show receipt of final payment for this Contract.] FINAL RECEIPT FOR CONTRACT NO. Received this day of ,20 , from City of Miami Beach, Florida, the sum of Dollars ($. ) as full and final payment to CONTRACTOR for all work and materials for the Project described as: This sum includes full and final payment for all extra work and material and all incidentals. CONTRACTOR hereby indemnifies and releases CITY from all liens and claims whatsoever arising out of the Contract and Project. CONTRACTOR hereby certifies that all persons doing work upon or furnishing materials or supplies for the Project have been paid in full. In lieu of this certification regarding payment for work, materials and supplies, CONTRACTOR may submit a consent of surety to final payment in a form satisfactory to CITY. CONTRACTOR further certifies that all taxes imposed by Chapter 212, Florida Statutes (Sales and Use Tax Act), as amended, have been paid and discharged. [If incorporated sign below.] CONTRACTOR ATTEST: (Name of Corporation) (Signature) By: (Secretary) (Corporate Seal) F:~ATTO~AGUR~AGREEMNT~frontend\stdfrm,frtend,fnl.doc (Print Name and Title) ~ day of ,2O BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 110 [If not incorporated sign below.] WITNESSES: CONTRACTOR By: (Name of Firm) (Signature) (Print Name and Title) ~ day of ,20 F:'~A3-1'O~GU R~AG RE E M NT~frontend~stdfrm .frtend.fnl.doc BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 111 [ X ] 00950. DRAWINGS INDEX: I. Specifications/Drawings for the ADA RENOVATIONS FOR THE MIAMI BEACH CONVENTION CENTER has been prepared by: · SKLARchitecture, Architects, Interior Design, Urban Renovation · LYUBKIN ENGINEERING, Structural Engineers · STEVEN FELLER, P.E., INC. Mechanical, Plumbing & Electrical Engineers * NOTE: Plans/Drawings are available for this bid but must be ordered through T-Square Miami (305) 324-1234. The attached order form on page 11 of this Bid package must be completed and returned to T-Square Miami before prospective bidders will receive requested plans and specifications. Following is a list of Drawings of the bid set. DRAWINGS Following this pa.qe is the Plans IDrawinas Listinq. BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 112 A-~,~ ELLI~ATIg~M~ A-4 Dm'lO ~ElU ~ ,A,., B,.1 ~.L E V'AT1GI48 A,.6J IILO~ Ill-AN A-W A-II~ I~ CEII. I~ PL.aN ,&.-ILl G LC;~T I1,~1" 81DE G I.~BBT ~A~T ~ BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 113 BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 114 BID NO: 02-02/03 DATE: 10/18/02 D HAU. &OBEI, Y Iql~? AD I,k~'TH lie-M,J D HALJ. Lo~'r EAE,TW~J. I,l-I~l~ D IMJ..L I, iO1~'TI4 IIM, L.L CITY OF MIAMI BEACH 115 BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 116 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 128) BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 117 02000. TECHNICAL SPECIFICATIONS: BID NO. 02-02103 ADA RENOVATIONS FOR THE MIAMI BEACH CONVENTION CENTER * NOTE: Specifications are available for this bid but must be ordered through T-Square Miami (305) 324-1234. The attached order form on page 11 of this Bid package must be completed and returned to T-Square Miami before prospective bidders will receive requested specifications or plans. SPECIFICATIONS LEGEND TECHNICAL SPECIFICATIONS DIVISION 1 - GENERAL REQUIREMENTS 0101O 01025 01031 01045 01050 01060 01070 01090 01152 01200 01311 01340 01380 01400 01410 01505 01510 01520 01530 01550 01560 01570 01580 01590 01600 01660 01700 01710 01720 SUMMARY OF WORK SCHEDULE OF VALUES GENERAL PROJECT PROCEDURES CUTTING AND PATCHING FIELD ENGINEERING REGULATORY REQUIREMENTS AND PERMITS ABBREVIATIONS REFERENCE STANDARDS APPLICATION FOR PAYMENT PROJECT MEETINGS SCHEDULES AND REPORTS SHOP DRAWINGS, PRODUCT DATA & SAMPLES CONSTRUCTION PHOTOGRAPHY QUALITY CONTROL TESTING LABORATORY SERVICES MOBILIZATION, SITE PREPARATION AND DEMOBILIZATION TEMPORARY UTILITIES CONSTRUCTION AIDS PROTECTION OF EXISTING FACILITIES SITE ACCESS AND STORAGE TEMPORARY CONTROLS TRAFFIC REGULATIONS PROJECT IDENTIFICATION SIGNS CONTRACTOR'S FIELD OFFICE MATERIAL AND EQUIPMENT EQUIPMENT TESTING AND STARTUP CONTRACT CLOSE OUT CLEANING PROJECT RECORD DOCUMENTS BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 118 01730 OPERATING AND MEINTENANCE DATA 01740 GUARANTEES AND BONDS DIVISION 2 - SITE WORK 02050 DEMOLITION AND SALVAGE DIVISION 3 - CONCRETE 03300 CAST-IN-PLACE CONCRETE DIVISION 4 - MASONRY 04200 UN IT MASONRY DIVISION 5 - METALS 05500 05520 METAL FABRICATIONS RAILINGS AND HANDRAILS DIVISION 6 - WOOD AND PLASTICS 06100 06200 06400 06650 ROUGH CARPENTRY FINISH CARPENTRY CABINETS AND CASEWORK SOLID POLYMER FABRICATIONS DIVISION 7 - THERMAL AND MOISTURE PROTECTION 07200 07250 07900 INSULATION FIRESTOPPING SEALANTS AND CAULKING DIVISION 8 - DOORS AND WINDOWS 08110 08200 08305 08330 08710 METAL DOORS AND FRAMES WOOD DOORS ACCESS DOORS OVERHEAD COILING DOORS FINISH HARDWARE BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 119 08800 GLAZING 08850 BULLET RESISTANT GLAZING DIVISION 9 - FINISHES 09100 09220 09250 09310 09315 09510 09660 09800 09900 LATH AND PLASTER STUCCO GYPSUM WALLBOARD SYSTEMS CERAMIC TILE AND MARBLE TERRA?70 TILE ACOUSTICAL CEILING RESILIENT FLOORING AND BASES TRANSLUCENT VENETIAN PLASTER PAINTING DIVISION 10 - SPECIALITIES 10150 10522 10810 10820 TOILET COMPARTMENTS FIRE EXTINGUISHERS AND CABINETS TOILET ACCESSORIES BABY CHANGING STATIONS DIVISIONS 11, 12, 13, AND 14 NOT USED DIVISION 15 - MECHANICAL 15010 15042 15180 15400 15600 MECHANICAL GENERAL PROVISIONS TESTS INSULATION PLUMBING HEATING, VENTILATION AND AIR CONDITIONING DIVISION 16- ELECTRICAL 16010 16110 16111 16120 16140 16180 16190 16450 16500 16800 ELECTRICAL GENERAL PROVISIONS EXTERIOR ELECTRICAL WORK UNDERGROUND RACEWAYS AND BOXES CONDUCTORS SWITCHES AND RECEPTACLES SAFETY SWITCHES, CIRCUIT BRAKES AND FUSES SUPPORTING DEVICES GROUNDING LIGHTING ELECTRICAL UTILIZATION EQUIPMENT BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 120 12/0S/2002 12:50 FAX 305 673 7851 CMB PROCt~R£MEMT DIVISION ~002/004 03000. BID PROPOSAL FORM BID NO. 02-02~03 ADA RENOVATIONS FOR THE MIAMI BEACH CONVENTION CENTER BID FORM (Page I of 3) Our LUMP BUM BID &ND ALTERNATES Includes the total cost for the work specified in this bad, coflsistlng of furnishing ell materials, labor, equipment, supervision, mobilization, overhead & profit required tar ADA Renovations for the Miami Beach Convention Center In accordance with the Scope of Work and Specifications! Drawings, Lump Sum eld: NOTE: Determination of award of this Contract will bo based on the lowest and best bidder's LUMP SUM _g!_~ PLUS THE 8.UM OF ALL ALTERNATES {GRAND TOTAL). AI, terna.tes:, #1. Weltedess Urinals: Provide WaterJess Urinals with cartfldge by Falcon Water Free Technologies model dj U2PS002 (or approved equal) in lieu of specified Urinals & automatic flushometers and associated water piping. DEDUCT Amount from Lump Sum Bid (-): Written Amount U I.-, ~'~.-/'~- / #2. Coilifl. Sm~ported Partitions: Provide wall braced & floor Suppofled In lieu of coiling hung toilet partitions. DEDUCT Amount ~rom L.mp Sum Bid (-): $_ I ~ t~]~(~. (~)0 sm r~o: DATE: Ammdd Ski ; rna ~u~ ot~ to~t U~D VKU~t'R~MI' UIVlSION ~003/004 BID FORM (Page 2 of 3) ..T..ernKzo Floors: Provide Poured Terrazzo floor In lieu of Terrazzo tile in same pattern and similar colors to be approved by Architect. (Bidder to Circle Add/Deduct as applicable) ~ Amo..t from Lump Sum Rid 0 0.0a Mo, t),on 8ensom: Provide Key Operated Switches at entry of vestibule in lieu of Motion Sensors with switch packs as shown on electric drawings. DEDUCT. Amount from Lump Sum Bid (-) : S_ *Z~*) C~. C)~.~ Wries Amount Pead Paint: Provide Pead Paint by 8cuffmaster in lieu of Duroplex wall finish in same pattern and similar colors shown on elevations to be approved by Architect. DEDUCT Amount from Lump Sum Bid (-): $_ Wr#ten Amount ~8. Doorl;, Provide -,11 other remaining doors on door schedule not Included In base bid marked as alternative. In the event the door alternative is not selected the owner reserves the right to Incorporate any of the below Items via change order uMng the unit prices submitted with this bid. All unit prices shall be In effect for the duration of the project. ADD Amount from Lump Sum Bid ~ NO: ~J-02ll3 DAI'JE: i~/~S/~Z % CblB PROCUREMENT DIVISION BID FORM (page 3 of 3) I~ 004,'004 #?. Fiber Ootlcs: Provide Fiber Optics in lieu fixture type 'A3" as shown on Architectural reflected ceiling and Electrical drawings. ADD Amount from Lump Sum eld (+): $_~.~.) 0(..)0, O (~ Written Amount LUMP SUM elD: TOTAL FOR ALL ALTERNATES (#1-~7): $ ~Z;~. L~O. 00 GRAND TOTAL: (Lump Sum Bid and Total for All Aliemates (#f.ftT) $_ '~_____~~ 00, TELEPHONE NUMBER: ~o~:- ~-'~'8'1~;;/~ FAX: ~,~0-6~ '~[~_- 41_q._.~_ NO: 02-02/03 DATK: Ameudd DM Foflu, Addmdum S 4 Division Price Form Breakdown Note: Totals are not required to equal the total amount in each Division Category I of 2 pages Division I Work - General Condilions ~ Dollars Division 2 Work- Demolition Division 3 Work- Concrete Work Dollars .Dollars Division 4 Work- Masonry Work ~Dollars Division 5 Work - Metals Sub-totals: - Seel framing for ceiling h~ Dollars Dollars Division 6 Work - Wood & Plastic Sub-totals: - Bathroom Tops (Solid Surface) Division 7 Work - Thmi,al & Moisture protection Division 8 Work - Doors & Windows Sub-totals: - Doo~s/Frames/Hardware - Box Office Glazing - Roll up doors - Mirrors Division 9 Work - Finishes Sub-totals: - Paint - Acoustical Ceiling - Drywa~ Work - TgilaZ20 Til~ - Dmuplex Work Division 10 Work - Specialties Sub-ioials: - Toilet Partitions - To'flet Accessories Dollars Dollars ~Dollars Dollars ~0~. Dollars Dollars Dollars Dollars ~Dollars Dollars Dollars Dollars Dollars Dollars Dollars .Dollars Dollars BM 02-02/03 Docomber 3, 2002 (A~achment#1) 2 of 2 pages Division 11 Work - Equipment Division 12 Work - Furnishings Division 13 Work- Special Construction Division 14 Work - Conveying Systems Division 15 Work - Mechanical Sub-totals: - Plumbing work - A/C work - Fire Sprinkler System work Division 16 Work - Ele~hlcal Sub-totals: - Lighting Fixlu~s - Alarm System NOT APPLI( :ABLE NOT APPLI( ',ABLE NOT APPLI( ',ABLE Dollars NOT APPLICABLE Dollars 2'; 000.0. Dollars Dollars Dollars ,~,-.~'~,~. O0 Dollars Dollars Dollars Bid 02-02/03 December 3,200~ (At~hme~#1) 04000. ACKNOWLEDGEMENT OF ADDENDA Invitation for Bid No. 02-02103 Directions: Complete Part I or Part II, whichever applies. Addendum No. 2, Dated Addendum No. 3, Dated Addendum No. 4, Dated Addendum No. 5, Dated Part I: Listed below are the dates of issue for each Addendum received in connection with this Bid: Ii/ Part I1: No addendum was received in connection with this Bid. Verified with Procurement staff Name of Staff Date Date BID NO: 02-02103 CITY OF MIAMI BEACH DATE: 10118/02 128 05000. CUSTOMER REFERENCE LISTING BID NO. 024)2/03 ADA RENOVATIONS FOR THE MIAMI BEACH CONVENTION CENTER CUSTOMER REFERENCE LISTING General Contractor (and/or Sub-Contractors) shall furnish the names, addresses, telephone and fax numbers of a minimum of four (4) separate completed projects references, with an emphasis on plumbing installations and restroom renovations. (See Minimum Requirements, Page 8) 1) Company Name ~v~J~,~{ ~'[' (~. Address Contact Person/Contract Amount~ Telephone Number ~-'~oc- (~)~). Fax: ~-----~-/~.~, 2) Company Name ('~,~C/~ ~ ~1~ Address .--~1~1 ~"~.~'~. ~'~' Contact Person/Contract Amount ~tLE~:t.~ Telephone Number ~'~-/-, ~/~. Fax: 3) Company Name ~: 1 Address Contact Person/Contract Amount ~~ Telephone Number ~ 101Z. Fax: ~1(~ 4) Company Name Address Contact Person/Contract Amount Telephone Number Fax: BID NO: 02-02103 CITY OF MIAMI BEACH DATE: 10/! 8/02 129 05000 CUSTOMER REFERENCE LISTING BID NO. 024)2/03 ADA RENOVATION FOR THE MIAMI BEACH CONVENTION CENTER CUSTOMER REFERENCE LISTING General Contractor (and/or Sub-Contractors) shall furnish the names, addresses, telephone and fax numbers of a minimum of four (4) separate completed projects references, with an emphasis on plumbing installations and restroom renovations. (See Minlmnm Requirements, Page 8) 1) Company Name Address Contact Person/Contract Amount Telephone Number 305-538-0090 Miami Beach CDC 1205 Drexel Avenue Roberto Da Torre Fax: 305-538-2863 2) Company Name Address Contact Person/Contract Amount Telephone Number 305-377-9922 YWCA of, Greater Miami 351 NW 5tb Street~ Miami~Fl Eileen Simone Fax: 305-373-9922 3) Company Name Address Contact Person/Contract Amount Telephone Number 305-416-1012 City of Miami 3250 Plaza Street Allen Pons Fax: 305-416-2153 4) Company Name Address Contact Person/Contract Amount Telephone Number 305-644-5256 Miami Dade Housint, Auencv 1401 NW 7m Street Bld~. E Francisco Trujiilo, Fax: 305-643-8532 5) Company Name Address Contact Person/Contract Amount Telephone Number 305-234-0803 Miami Dade County Park Dept. /West Perrine CDC 17623 Homestead Avenue Alex Rev Fax: 305-234-0708 BID NO: 0202/03 CITY OF MIAMi BEACH DATE: 10/18/02 129 050o0 CUSTOMER REFERENCE LISTING - CONTINUED 6) 7) $) Company Name Address Contact Person/Contract Amount Telephone Number 305-856-2547 Company Name Address Contact Person/Contract Amount Telephone Number 305-361-5441 Company Name Address Contact Person/Contract Amount Telephone Number 305-234-0803 East Little Havana CDC 1699,Coral Way #302 Affredo Duran Fax: 305-858-9569 Red Dragon's Inc. 301 Ocean Drive Pepe Berasuain Fax: 305-361-5477 West Perrine CDC 17623 Homestead Avenue Ed Hanna Fax: 305-234-0708 BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 129 Jubilee Community Development Corp. Doug Mayer - Director of Development 1800 S.W. 1st Street, Suite 206 Miami, FI. 33135 Phone: 305-649-1553 ext. 205 Fax: 305-649-0997 Jubilee Community Development Corp. Frank Gudorf / President 1800 S.W. 1st Street, Suite 206 Miami, Fl. 33135 Phone: 305-649-1553 ext. 205 Fax: 305-649-0997 B.A.M.E. Community Development Corp. Bill Mauzy / Director 245 N.W. 8th St. Miami, Fl. 33136 Phone: 305-373-7233 Fax: 305-373-373-8915 Allapattah Community Action Inc. Miriam Urra / Director 2257 N.W. North River Dr. Miami, FI. 33125 Phone: 305-633-0466 Fax: 305-638-5868 Ol/li/O~ I8:ZO FLI J05~11~3~ ~AR-B_FLUMBING ~01 MAR - B PLUMBING CORP. PLUMBING CONTRACTORS 104 CRANDON BOULEVARD, $O;?E 402 KF.Y ~I~OAYI~I~. ~'LORIDA 3314 B PHONE: (30~) X I- 10.1~ I $11-1001 F. AX: (3D$)361-133) FACSIMILE TRANSMITTAL SHEET Armando C~zo Mar-B Plumbing Cazo Consm~c~on Corp. 1/14/2003 305 ~.~.8-4199 1 305-448-1898 City of Miami Beach URGENT [] FOR REVIEW ['~ PLEASE COMMENT [] PLEASE REPLY [] PLEASE RECYCLE References: · Pa~l E//tdge - Chief Plumbing Inspector City of Miami Beach. o 30~-673-7000 x 6771 · Coast/Co~tmcdo~- Sean Murphy 786-29~-1406 o St. Aga~h~ Church 1111 SW ! 07~ Avenue Miami, Florida 33010 o L D PANI~'Y DENTAL INSTITUTE 240 CRANDON BLVD KEY BISCAYNE, FL 33149 · CDC B~/der~- Maum, 305-361-4]711 o Hilton Hotel 1430 OCEAN DR MIAMI BEACH, FL 33139 o We~tcl~t~ HoBpiial 25O0 SW ?STH AVE MIAMI, FL 33155 o CEDARS MEDICAL CENTER MIAMI, FL 33128 o New Windixie SIotes (Ho~l=,~dale ami Key Bi~a~me) · OF.~CB~_~_. - J~ime OmKo - 786-4124171 o We~to~ Medie~! Buil&~,~g 17120 ARVIDA PKWY Weston, FL :33326 · Tri-Tech Cons#1~tars - Se~io - ~0~.796-8807 o Olm-Locka Ice Plant 13401 NeW 38'~ Court 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 headngs shall not be included for purposes of this division. (Ord. No. 92-2777, §§ 1, 2, 3-4-92; Ord. No. 92-2785, §§ 1, 2, 6-17-92) Cross reference(s)--Definitions generally, § 1-2. BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 131 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: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 132 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 av;~ilable at the public hearing. Additionally, any person requested to appear before any city personnel, board or commission, or any person compelled to answer for or appealing a code violation, a nuisance abatement board hearing, a special master hearing or an administrative hearing shall not be required to register, nor shall any agent, attorney, officer or employee of such person. (Ord. No. 92-2777, § § § 4, 5, 3-4-92; Ord. No. 92-2785, § § 4, 5, 6-17-92) Sec. 2-484, Sign-in logs, In addition to the registration requirements addressed above, all city departments, including the offices of the mayor and city commission, the offices of the city manager, and the offices of the city attorney, shall maintain signed sign-in logs for all noncity employees or personnel for registration when they meet with any personnel as defined in section 2-481. (Ord. No. 92-2785, § 6, 6-17-92) Sec, 2-485. List of expenditures. (a) On October 1 of each year, lobbyists shall submit to the city clerk a signed statement under oath listing all lobbying expenditures in the city for the preceding calendar year. A statement shall be filed even if there have been no expenditures during the reporting period. (b) The city clerk shall publish logs on a quarterly and annual basis reflecting the lobbyist registrations filed. All logs required by this section shall be prepared in a manner substantially similar to the logs prepared for the state legislature pursuant to F.S.. 11.0045. (c) All members of the city commission and all city personnel shall be diligent to ascertain whether persons required to register pursuant to this section have complied with the requirements of this division. Commissioners or city personnel CITY OF MIAMI BEACH 133 BID NO: 02-02/03 DATE: 10/18/02 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) BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 134 Cone of Silence ORDINANCE NO. 2002-3378 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ADMINISTRATION', BY AMENDING ARTICLE VII THEREOF, ENTITLED "STANDARDS OF CONDUCT", BY AMENDING DIVISION 4, ENTITLED 'PROCUREMENT", BY AMENDING SECTION 2.486, ENTITLED "CONE OF SILENCE"; SAID AMENDMENT, IN PART, EXTENDING THE PROHIBITIONS ON ORAL COMMUNICATIONS ON ALL REQUEST FOR PROPOSALS (RFP'S), REQUEST FOR QUALIFICATIONS (RFQ'S), AND INVITATION FOR BIDS (BIDS), BETWEEN THE MAYOR AND CITY COMMISSIONERS AND THEIR RESPECTIVE STAFF AND ANY POTENTIAL VENDOR, SERVICE PROVIDER, BIDDER, LOBBYIST, OR CONSULTANT; PROVIDING FOR ADDITIONAL EXCEPTIONS RELATIVE TO ORAL COMMUNICATIONS; PROVIDING FURTHER FOR REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, on January 29, 2002, the MlemI-Dade County Commission approved Ordinance No. 02-3, amending Section 2-11.1(t) of the Miami-Dade County Code, the County's Cone of Silence Ordinance, with an effective date of February 8, 2002; and WHEREAS, Miami-Dada County's approved amendments extended the pmhib#ion on omi communications regarding a particular RFP, RFQ, and bid for the solicitation of goods and services to those between a potential vendor, service provider, bidder, lobbyist or consultant, and the Mayor, County Commissioners and their respa~Jve staffs; and WHEREAS, Mlami-Dade County's approved amendmeh[s added additional exemptions to the prohibition on oral communications regarding a particular RFP, RFQ, or bid for the solicitation of goods and sen/ices between any person and the procurement director or his/her designated staff responsible for administering the procurement ~s for such RFP, RFQ or bid, and between a member of the respective selection committee. provided the communication be limited strictly to matters of process or procedure already contained In the corresponding solicitation document; and WHEREAS, Miami-Dada County's approved amendments added additional exemptions to the prohibition on omi communications between the County Manager and the chairperson of a selection committee about a particular selection 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 County and be included in any recommendation memorandum submitted by the Manager to the County Commission; WHEREA~, Miami-Dada County's approved amendments added additional exemptions to the prohibition on oral communications pmtaining to emergency procurements. WHEREAS. said Miami-Dada County amend manta are' applicable to the Mayor and City Commissioners of the City of Miami Beach, the City Manager, and their respective staffs; and in order to extend said amendments and their applicability to potential vendors, BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 135 seMce providers, bidders, lobbyists, and consu~nts doing business in the City of Miami Beach, the Administration and the City Attorney's Office herein recommends that the Mayor and City Commission amend the City's Cone of Siler~e Ordinance accordingly. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: 8ECTION 1. Section 2-426, of Division 4 of Adlcle VII of Chapter 2 of the Miami Beach City Code is hereby amended to read as follows: Article VII. Standards of Condu~ DIVISION 4. PROCUREMENT See. 2-486. Cone of silenca. (a) Contracts for the provision of goods, services, and construction projects._ cL'::.' (1) Definition. "Cone of silence" is hereby defined to mean a prohibition on: (a) any communication regarding a particular request for proposal ('RFP'), request for qualifications ("RFQ"), or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and the city's administrative staff including, but not limited to, the city manager and his or her staff; (b) any communication regarding a particular RFP, RFQ, ~ 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; .(o) any communication regarding a particular RFP, RFQ, ~ or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and any member of a city evaluation ~ committee therefor;....""'~ u (d) any communication regarding a particular RFP, RFQ, RFL-~ or bid between the mayor, city commissioners_or their respective staffs.and may amember of a city evaluation ~ committee therefor:. (e) any communication reaardina a oarticular RFP. RFQ. or bid between the mayor, city commissioners, or their resoectiva staffs and a ootential vendor, service provider, bidder, Ipbbyist, or consultant. thc .... =-,,.= .......................... BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 136 (2) (3) A The cone of silence shall be imposed upon each RFP, RFQ, RI=L-4; arid o._c.r bid after the advertisement of said RFP, RFQ, RFUT or bid. At the time of imposition of the cone of silence, the city manager or his or her designee shall provide for public notice of the cone of silence. The city manager shall include in any public solicitation for goods and services a statement disclosing the requirements of this division. b. The cone of silence shall terminate: G)~!)at the time the city manager makes his or her written recommendation as to selection of a particular RFP, RFQ, RFL-4r, or bid to the city commission, and said RFP, RFQ, R~ or bid is awarded; provided, however, that following the Mj~anager making his or her written recommendation, the cone of silence shall be lifted as relates to communications between the M .mayor and M-rnembers of the C..~o_ mmission and the C-~ity M ,3~anager; providing further if the city commission refers the manager's recommendation back to the city manager c: "-.*=ff 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, R~, or bid is awarded; _.., (ii) ,n the event of contracts for less than $25,000, when the city manager executes the contract. Exceptions. The ..... "'; .... ; 0k;....~Z ..... n~n,* of silence shall not apply to: (a) competitive processe~ for the award of CDBG. HOME. SHIP and Surtax Funds administered, by the ~ty offic~ of community develcomant: and (b) cqmrnyni~afions with the city attomev and his or her staff. (e) (c} orel communications at pre-bid conferences; (b) (d) oral presentations before evaluation ~nd/Qr selection committees; ~ ~.)contmct discussions during any duly noticed public meeting; (d) ~t3 public presentations made to the city commissioners during any duly noticed public meeting; (e) (~3) contract negotiations with city staff following the award of an RFP, RFQ, RFL4T or bid by the city commission; (f) (h) communications in wrffing at any time with any city employee, official or member of the city commission, unless specifically prohibited by the applicable RFP, RFQ, R~ or bid documents; e~ BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 137 ,u, · city commission meeting agenda review meetings between the city manager and the mayor and individual city commlssionem where such matters are scheduled for consideration at the next C-~ommisslon meeting. (h) fi) communications regar~ir~ a ~a~oular RFP. RFQ or bid between the p_roc~_._~rement director, or his/her administrative staff responsible for ~t~ministerincl the procurement pro~,S for such RFP, RFQ or bid and a member of the evaluafion/~eL~-' n committee therefor, provided the qommunicafion is limite~ ~qtly t~ matters of orocess or procedure already contained in the corre$1~ndina solicitation document: {.~ duly noticed site visits to determine the competency of bidders re~ardtr~ a pa~!c,_,!ar bid durincI the time oeriod between the oDeninc~ of bids and the time the city menacer makes his or her written recommendation: I~ any ememen~ procurement of goods or sewices: ¢ml communications reoardino a particular RFP, RFQ. or bid between any hereon, and the procurement director, Pr his/her administrative sta~ responsible for administerin~l the orocurement process for ~ch RFP. RFQ. or bid, provided the communication is limited strictly to matters of orocess or procedure already contained in thru cqrr~s~ondinc~ solicitation document. ~:t}.The bidder, proposer, vendor, service provider, iobbyi~ or consultant shall file a copy of any written communications with the city clerk. The city clerk shall make copies available to any person upon requesL BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 138 V~flon~nalties and p~u~s. A v~m ~ ~ls s~on by a ~lar bidder, p~ser, vendor, sewi~ pmv~er, ~b~t, or ~nsul~ shall su~ b~der, ~ ~ser, vendor, se~ p~der, lobby, or ~nsuMnt to p~ums ~t ~h in Division 5, en~ :Deba~ent of ~n~om: ~m C~ Wo~; shall m~er any RFP awaY, RFQ awaY, ~, or ~d ~a~ to bidder, pm~er, vendor, sewi~ pm~der, bidder, lobby, or mnsu~ ~able: and said b~der, proposer, vendor, ~wi~ pm~der, bbb~s~ or~n~ shall ~ ~n~e~ for any RFP, RFQ, ~ or b~ ~r a ~tm~ for ~e pm~bn of ~s or sewi~s for a ~ of one ~ar. ~y ~n ~o ~at~ a pm~abn ~ d~is~n shall be pmhibit~ from ~wing on a c~ ~alu~n a~/~ ~on ~mm~ee. tn add~on to any other ~na~ ~v~ by law, ~olafl~ of any pmvi~on of ~is division by a c~ employ~ s~ll sub]~ ~ em~e ~ ~m~ offi~ or ~tat~ a~m~ o~ and/or ma~ fll~ · ~m~i~ ~ BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 139 SECTION 2. 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 mede part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish suc~ intention, and the word 'ordinance' may be changed to 'section", "article', or other appropriate word. 8ECTION 3. REPEALER. All ordinances or parts of ordinances In conflict herewith be and the same are herel~y repealed.. SECTION 4. SEVERABIUTY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity or constitutionality of the remaining portions of this Ordinance. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the 10ch iS 10 days after adoption. PASSED and ADOPTED this ATTEST: day of ~u,.t ,2002, which 31,,t , dayof~, 2002. city Ck rk Letters or numbers that are stricken through are deletions from existing ordinance. Letters or numbers that are underlined are additions to existing ordinance. F:~I-FO~OLIJURES-ORD~CON EOFSILENCE.FNL.DOC BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 140 MURRAY IL DUBBIN City Attorney OFFICE OF THE CITY ATTORNEY F L 0 R I D A Telephone: Tdecopy: 673-7470 673-7002 COMMISSION MEMORANDUM TO: YROM: DATE: 3ULY 31, 2002 MAYOR DAVID DERMER MEMBERS OF THE CITY co .MM~SSJON MURRAY DUBBIN . ~,~,~ ,fORGE M. GONZALEZ CITY MANAGER AM~~ TO CITY'S "CONE OF SI~.t;.NC~" ORDINANC~ On January 29, 2002, the Miami-Dade County Commission approved ~n ~endment to ~t~ County's "Cone of Silence" Ordinance, with an effective date of February 8, 2002. The approved amendments to the County's Ordinance, which the City Manager nnd the City Attorney's Office he.-in recommend be incorpomtcd as an amendmeut to the City's own "Cone of Silence' Ordinance, Lre u follows: (!) Extending the prolu'bition on orsl communications mprding a partic'l~ RFP, RFQ, and bid for the solicitation of goods and services to those between a potential vemdor, service provider, bidder, lobbyist or consulumt, and thc M~yor, Commissioners, and their respective s~affs; (2) Extending the prohibition on oral cot~nunicatiotzs regarding a particular RFP, RFQ, or bid between any administrative staff mcmber, and any member of an evaluation and/or selection committee th~efoG (3) Notwith~xnding the prohibition in subsection (2) above, providing an exemptiou allowing the Manager and the chah'pcrson of the ~valuation nd/or selection committee to communicate upon · pafliculm' evaluation md/or selection commit~ .agenda Itorn A~'C 1'~00 Conveation Center Drive - Foarth Floor - Miami Bead Date~ BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 141 RESOLUTION NO. 2000-23879 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH REQUIRING THAT CONTRACTORS ADOPT A CODE OF BUSINESS ETHICS PRIOR TO ENTERING INTO A CONTRACT WITH THE CITY OF MIAMI BEACH WHEREAS, the Greater Miami Chamber of Commeme ("GMCC") adopted a Model Code of Business Ethics (the "Model Code"); and WHEREAS, thc City of Miami Beach is a member of the GMCC; and WHEREAS, thc 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 cthic~ 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 A.ND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. Each person or entity that seeks to do business with thc 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 roles and regulations including, among others, the conflict of interest, lobbying and ethics provisions of the City Code. Section 2. The Commission urges the Greater Miami Chamber of Comnterce to require that all of its members adopt the Model Code of Business Ethics. Section 3. adoption. This resolution shall become effective immediately upon its BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 142 PASSED and ADOPTED this ATI'EST: CITY CLERK 12th day of April 2000 · - ~s..yoR FCRM & LAN(3UA~',~ & FOR IEXECUTI~',, BID NO: 02-02103 CITY OF MIAMI BEACH DATE: 10/18/02 143 GREATER MIAMI CHAMBER OF COMMERCE MODEL CODE OF BUSINESS ETHICS STATEMENT OF PURPOSE The Greater Miami Chamber of Commer<~a CGMCC') seeks to create and sustain an ethical business climate for its members and the community by adopting a Code of Business Ethics. The GMCC encourages its members to incorporate the principles and practices outlined here in their individual 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 and may be incorporated into marketing materials. The GMCC believes that its members should use this Code as a model for the development of their organizations' business codes of ethics. This Model Code is a statement olphnciples to .help quids decisions and aclions based on respect lot the impedance el ethical business standguds in the community, The GMCC believes Ifle e~doption of e meaningful cod · el s/hics is the responsibility of eve~' business end prolessionN or~nizntion. Compliance with Government Rules & Requlations · We will properly maintain all records and post all licenses and certificates in prominent places easily seen by our employees and customers; · In dealing with government agencies and employees, we will conduct business in accordance with all apptJcable rules and regulations and in the open; · We will report contract irregularities and other improper or unlawful business practices to the Ethics Commission, the Office of inspector General or appropriate law enforcement authorities. I~ecruitment, Selection & Compensation of Vendors and Suppliers · We will avoid conflicts of interest and disclose such conflicts when identified: Gifts which compromise the integrity o~ a business transaction are unacceptable; we will not kick back any portion of a contract payment to employees of th.e other contracting party or accept such a kickbadk. Business Account in.cl All our financial transactions will be properly and fairly recorded in appropriate books of account, and there wilt be no "of! the books" transactions or secret accounts, promotion and Sales of Products and Services Our producls will comply with all applicable safety and quality standards; We will promote and advertise our business and its products or so.ices in a manner which is not misleading and does not falsely disparage our competitors: Doing Business with the Government BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 144 · We will conduct business with government agencies and employees in a manner which avoids even the appearance of impropriety. Efforts to curry political favoritism are unacceptable; · Our bids will be competitive, appropriate to the bid documents and arrived at independently; Any challenges to contracts awarded will have a substantive basis and not be pursued merely because we. are the unsuccessful bidder;, - We will, to the best of our ability, p&rform government contracts awarded at the price and under the terms provided for in the contract. We will not submit inflated invoices for goods provided or services performed under such contracts, ,,nd claims will be made only for work actually performed. We will abide by all contracting and subcontracting regulations. · We will not, directly or indirectly, offer to give a bribe or otherwise channel kickbacks from contracts awarded, to government olficials, their family members or business associates. We will not seek or expect preferential treatment on bids based on our participation in political campaigns. Public Life ,~nd Political Caml~aiqns · 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 contributions to political parties, committees or individuals will only be made in accordance with applicable law and will comply with all requirements for public disclosure. All contributions made on behalf of the business must be reported to senior company m-~nagement; · We will not contribute to the campaigns of persons who are convicted felons or those who do not sign the Fair Campaign Practices Ordinance. We will not knowingly ~Jisseminate false campaign information or support those who do. Company Name Corporate Officer Date BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 145 ORDINANCE NO 2000-3234 AN ORDINANCE OF THE MAYOR AND cl'rY 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. BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 146 (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 (j) below: a contractor so excluded is debarred. (f) (g) (h) 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, 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. 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. (J) 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. List of debarred contractors means a list compiled, maintained and distributed by the Cityr~s Procurement Office. containing the names of contractors debarred under the procedures of this ordinance. Section 2-399. (a) BID NO: 02-02/03 DATE: 10/18/02 List of debarred contractors. The City's Procurement Office. is the agency charged with the implementation of this ordinance shall: (1) Compile and maintain a current, consolidated list (List) of all contractors CITY OF MIAMI BEACH 147 debarred by City departments, Such List shall be public record and shall be available for public inspection and dissemination; (2) Periodically revise and distribute the List and issue supplements, if necessary, to all departments, to the Office of the City Manager and to the Mayor and City Commissioners: and (3) Included in the List shall be the name and telephone number of the City official responsible for its maintenance and distribution. (b) The List shall indicate: (1) The names and addresses of all contractors debarred, in alphabetical order; (2) The name of the department that recommends initiation of the debarment action; (3) The cause for the debarment action, as is further described herein, or other statutory or regulatory authority; (4) The effect of the debarment action; (5) The termination date for each listing; (6) The contractor's certificate of competence or license number, when applicable; (7) The person through whom the contractor is qualified, when applicable; (8) The name and telephone number of the point of contact in the department recommending the debarment action. (c) The City's Procurement Office shall: (1) In accordance with internal retention procedures maintain records relating to each debarment; (2) Establish procedures to provide for the effective use of the List, including internal distribution thereof to ensure that departments do not solicit offers from, award contracts to, or consent to subcontracts with contractors on the List; and (3) Respond to inquiries concerning listed, contractors and coordinate such responses with the department that recommended the action, Section 2-400. Effect of debarment. (a) Debarred contractors are excluded from receiving contracts, and departments shall not solicit offers from award contracts to, or consent to subcontracts with these contractors unless the City Manager determines that an emergency exists justifying such action, and obtains approval from the Mayor and City Commission, which approval shall be given by 5/7ths vote of the City Commission at a regularly scheduled City Commission meeting. Debarred contractors are also excluded from conducting business with the City as agents, representatives, subcontractors or partners of other contractors. (d) Debarred contractors are excluded from acting as individual sureties. BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 148 Section 2-401. la) (b) (c) (d) Continuation of current contracts. 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. 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. City departments may not renew or otherwise extend the duration of current contract or consent to subcontracts with debarred contractors, unless the City Manager determines that an emergency exists justifying the renewal or extension or for an approved extension due to delay or time extension for reasons beyond the contractor's control and such action is approved by 5/7ths vote of the Mayor and City Commission at a regularly scheduled meeting. 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) (b) 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. 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. (a) BID NO: 02-02/03 DATE: 10/18/02 Debarment. The Debarment Committee may, in the public interest debar a contractor for any of the causes listed in this ordinance using the procedures outlined below. The existence of a cause for debarment however, does not necessarily require that the contractor be debarred; the seriousness of the contractor's acts or omissions CITY OF MIAMI BEACH 149 (b) and any mitigating factors should be considered in making any debarment decision. Debarment constitutes debarment of all officers, directors, shareholders owning or controlling twenty-five (25) percent of the stock, partners, divisions or other organizational elements of the debarred contractor, unless the debarred decision is limited by its terms to specific divisions, organizational elements or commodities. The Debarment Committee's decision includes any existing affiliates of the contractor if they are (I) specifically named and (ii) given written notice of the proposed debarment and an opportunity to respond. Future affiliates of the contractor are subject to the Debarment Committee's decision. (c) A contractor's debarment shall be effective throughout City Government. Section 2-404. Causes for debarment. (a) The Debarment Committee shall debar a contractor for a conviction or civil judgment, (1) For commission of a fraud or a criminal offense in connection with obtaining attempting to obtain, performing, or making a claim upon a public contract or subcontract or a contract or subcontract funded in whole or in part with public funds; (2) For violation of federal or State antitrust statutes relating to the submission of offers; (3) For commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (4) Which makes the City the prevailing party in a legal proceeding and a court determines that the lawsuit between the contractor and the City was frivolous or filed in bad faith. (b) The Committee may debar a contractor, (and, limited instances set forth hereinbelow a Bidder or Proposer) based upon a preponderance the greater weight of the evidence, for; (1) Violation of the terms of a City contract or subcontract or a contract or subcontract funded in whole or in part by City funds such as failure to perform in accordance with the terms of one (1) or more contracts as certified by the City department administering the contract; or the failure to perform or unsatisfactorily perform in accordance with the terms of one (1) or more contracts, as certified by an independent registered architect engineer or general contractor; (2) Violation of a City ordinance or administrative order which lists debarment as a potential penalty; (3) Any other cause which affects the responsibility of a City contractor or subcontractor in performing City work. BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 150 Section 2-405. Debarment procedures. (a) Requests for the debarment of contractors may be initiated by a City Department or by a citizen-at large and shall be made in writing to the Office of the City Manager. Upon receipt of a request for debarment, the City Manager shall transmit the request to the Mayor and City Commission at a regularly scheduled meeting. The Mayor and City Commission shall transmit the request to a person or persons who shall be charged by the City Commission with the duty of promptly investigating and preparing a written report(s) concerning the proposed debarment, including the cause and grounds for debarment as set forth in this ordinance. (b) Upon completion of the aforestated written report, the City Manager shall forward said report to the Debarment Committee. The City's Procurement Office shall act as staff to the Debarment Committee and, with the assistance of the City department person or persons which prepared the report present evidence and argument to the Debarment Committee (c) Notice of proposal to debar. Within ten working days of the Debarment Committee having received the request for debarment and written report, the City's Procurement Office, on behalf of the Debarment Committee shall issue a notice of proposed debarment advising the contractor and any specifically named affiliates, by certified mail. return receipt requested, or personal service containing the following information: (1) That debarment is being considered: (2) The reasons and causes for the proposed debarment in terms sufficient to put the contractor and any named affiliates on notice of the conduct or transaction(s) upon which it is based; (3) That a hearing shall be conducted before the Debarment Committee on a date and time not less than thirty (30) days after service of the notice. The notice shall also advise the contractor that it may be represented by an attorney, may present documentary evidence and verbal testimony, and may cross-examine evidence and testimony presented against it. (4) The notice shall also describe the effect of the issuance of the notice of proposed debarment, and of the potential effect of an actual debarment. (d) No later than seven (7) working days, prior to the scheduled hearing date, the contractor must furnish the City's Procurement Office a list of the defenses the contractor intends to present at the hearing. If the contractor fails to submit the list, in writing, at least seven (7) working days prior to the hearing or fails to seek an extension of time within which to do so, the contractor shall have waived the opportunity to be heard at the hearing..The Debarment Committee has the right to grant or deny an extension of time, and for good cause, may set aside the waiver to be heard at the hearing, and its decision may only be reviewed upon an abuse of discretion standard. (e) Hearsay evidence shall be admissible at the hearing but shall not form the sole BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10118/02 151 (f) 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 headng tape or transcript shall be furnished at the expense and request of the requesting party. 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 wdtten decision; stating the period of debarment, including effective dates; and advising that the debarment is effective throughout the City departments. (2) If debarment is not imposed,the City Manager shall notify the contractor and any named affiliates involved ,by certified mail. return receipt requested, or personal service, within ten (10) working days of the decision. (i) All decisions of the Debarment Committee shall be final and shall be effective on the date the notice is signed by the City Manager. Decisions of the Debarment Committee are subject to review by the Appellate Division of the Circuit Court. A debarred contractor may seek a stay of the debarment decision in accordance with the Florida Rules of Appellate Procedure. Section 2-406. Period of debarment. (a) The period of debarment imposed shall be within the sole discretion of the Debarment Committee. Debarment shall be for a period commensurate with the seriousness of the cause(s), and where applicable, within the guidelines set BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 152 (b) (c) (d) forth below, but in no event shall exceed five (5) years. The following guidelines in the period of debarment shall apply except where mitigating or aggravating circumstances justify deviation: (1) For commission of an offense as described in subsection 2404(a)(1): five (5) years. (2) For commission of an offense as described in subsection 2404(a)(2): five (5) years. (3) For commission of an offense as described in subsection 2404(a)(3): five (5) years. (4) For commission of an offense as described in subsection 2404(a)(54): two (2) to five (5) years. (5) For commission of an offense as described in subsections 2404(b)(1) or (2): two (2) to five (5) years. 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. The debarment debarred contractor's written request shall contain the reasons for requesting a reduction in the debarment period, The City's Procurement Office, with the assistance of the affected department shall have thirty (30) days from receipt of such request to submit written response thereto. The decision of the Debarment Committee regarding a request made under this subsection is final and non-appealable. .SECTION 2. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity, .SECTION 3. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article," or other appropriate word. SECTION 4, REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 153 SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the 3rd day of March,2000. PASSED and ADOPTED this 23rd day of February, 2000. BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 154 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 BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 155 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 pretest 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 BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 156 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. :T-he (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 BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 157 and City Commission of any legal issues relative to any bid protest filed in connection with the bid in question. The determination of the City Mana,qer and the City Attorney with regard to all procedural and technical matters shall be final. Section 2. Section 3. All ordinances, resolutions or parts thereof in conflict herewith be and the same are hereby repealed. 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 JanuarY1 2002. PASSED on First Reading this 19th day of December ,2001. PASSED and ADOPTED on Second Reading this 9th day of January. 2002. BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 158 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 COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: CITY 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. b. Each Iobb' before activities, submit to the City Clerk a ned statement under oath disclosing the terms and amounts of compensation (to be) paid by each principal to the lobbyist with regard to the specific issue on which the lobbyist has been engaged to If no compensation has or will be paid concerning the subiect lobby services, a statement shall nonetheless be filed reflecting as such. BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 159 c. Any change to information originally filed shall require that the lobbyist principal under subsection (b) above) file, The lobbyist principal) a continuing duty to supply accurate information and amend said reports when so needed. ,~,~'~ (d) The city clerk shall notify any lobbyist (or principal) who fails to timely file an the expenditure or fee disclosure reports referenced in sections (a). and (b) above. In addition to any other penalties which may be imposed as provided is section 2- 485.1, a fine of $50.00 per day shall be assessed for reports filed after the due date. (c) (e) The city clerk shall notify the Miami-Dade County Commission on Ethics and Public Trust of the failure of a lobbyist (or principal) to file a either of the reports referenced above and or pay the assessed fines after notification. (d) (f) A lobbyist (or principal) may appeal a fine and may request a hearing before the Miami-Dade Commission on Ethics and Public Trust. A request for a hearing on the fine must be filed with the Miami-Dade Commission on Ethics and Public Trust within 15 calendar days of receipt of the notification of the failure to file the required disclosure form. The Miami-Dade Commission on Ethics and Public Trust shall have the authority to waive the fine, in whole or in part, based on good cause shown. SECTION 2. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. BID NO: 02-02/03 CITY OF MIAMI BEACH DATE: 10/18/02 160 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 May, 2002. PASSED and ADOPTED on Second Reading this 8th day of May, 2002. ATt'~ST: ~OR (Requested by Commissioner Matti Bower and Co-sponsored by Commissioner Simon Cruz, Jose Smith and Richard Steinberg) ~ reflects changes between first and second reading. ~o~, APPROVED AS 10 F:ATI'O\OLIJ\RES-ORID~-485.ORD.DOC F, Oij~,~ ~ ~ BID NO: 02-02/03 DATE: 10/18/02 CITY OF MIAMI BEACH 161