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Home My WebLink AboutGuardhourse at Palm Island 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): NEW GUARDHOUSE AT PALM ISLAND INVITATION TO BID NO.: 60~2/03 http:\ \www.miamibeachfl.gov romanmartinez@miamibeachfl.gov Telephone: 305.673.7490 Facsimile: 305.673.7851 BID NO: 60.02/03 DATE: 08/12/03 CITY OF MIAMI BEACH 1 CITY CLERK /..-' CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\mtamlbeacl1n.gov COMMISSION MEMORANDUM FROM: Mayor David Dermer and DATE: October 15. 2003 Members of the City Commission Jorge M. Gonzalez ~ City Manager (J V A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AWARDING A CONTRACT TO SKYLINE CONSTRUCTION, CORP,; THE LOWEST AND BEST BIDDER PURSUANT TO INVITATION TO BID NO. 60-02103, IN AN AMOUNT NOT TO EXCEED $111,000 FOR THE CONSTRUCTION OF THE NEW GUARDHOUSE AT PALM ISLAND; AND FURTHER ACCEPTING AND APPROPRIATING THE CONTRIBUTION FROM THE PALM/HIBISCUS/STAR ISLANDS ASSOCIATION, INC., IN THE AMOUNT OF $21,816, AND ADDITIONALLY APPROPRIATE $9,550 FROM THE SALE OF PORTION OF RIGHT .oF- WAY AT SOUTH HIBISCUS DRIVE, TO: SUBJECT: ADMINISTRATION RECOMMENDATION: Adopt the Resolution. FUNDING: Funding in the total amount of $122,100 is available for this project as follows: . Budget Code 366.2120.069358 (1994/95 Ad Valorem Tax) ............. $90,734 . Sale Proceeds (Resolution NO 2000-24159) ....................,..............$ 9,550 . Palm/Hibiscus/Star Islands Association, Inc. ..... ,., ............,.. ....... ....$21,816 Total $122,100 ANALYSIS On July 1,1998, the Mayor and City Commission adopted Resolution 98-22808 authorizing the reallocation of unexpended funds in the amount of $123,921 from the Palm/Hibiscus Islands Beautification Project (the "ProjecF) for the design and construction of a new guardhouse at the Palm/Hibiscus Islands entrance. These funds were originally appropriated in FY 94/95 as part of the Palm/Hibiscus Landscape Beautification Project. At the conclusion of the project, $123,921 remained, At the request of the Homeowners Association, the City Commission voted to appropriate these remaining funds for the guardhouse, Consequently, on February 19, 1999, a service order in the amount of $11,500 was issued to Giller and Giller, Inc, (Giller) the Architect of Record, pursuant to an Agreement between the City and Giller, to provide professional Architectural and Engineering services for the design, construction documentation, bidding and construction administration ofthe Palm 165 Commission Memorandum October 15. 2003 New Guardhouse at Palm Island - Bid No. 60-02/03 Page 2 of 4 Island Guardhouse. The construction Budget for the Project established at that time was $100,000. On November 8, 2000, Resolution No. 2000-24159 was approved for the "sale of approximately 200 sq. feet of the City-owned right-of-way adjacent to the residential property located at 2 South Hibiscus Drive", The proceeds of this sale, in the amount of $9,550, were for public improvements on Palm/Hibiscus Island, and therefore, allocated to the Palm/Hibiscus Guardhouse Project located at 152 Palm Avenue. In 1999 and 2000, numerous meetings were held with the homeowners, the City of Miami Beach, and Giller, As the Project developed, there were several design changes requested by the Palm/Hibiscus/Star Islands Association, Inc., (HOA) which modified the scope of work, resulting in additional service fees to Giller, and the additional time needed to complete the design. On January 22, 2001, Giller advised the City that the Project costs had increased by approximately $30,000. Therefore, it became necessary to identify additional funding for the Project. On August 20, 2002. the HOA presented the City with a letter of commitment to pay the difference (up to a maximum of $30,000), between the then available $113,250 for the construction of the Project, and the adjusted estimated construction cost of $130,000, should the bids exceed the City's available funding. In November 2002, upon initiation of the pennitting process for the Project, it was determined that the following changes were necessary in order to meet the current Codes, and complete the pennitting: . Incorporate Flood proofing to the structure. . Redesign of the structure, including calculations, to meet the new Building Code. . Removal or redesign of the existing parking space to meet Accessibility Code. . Perform Geotechnical and Asbestos surveys, required to complete the design. The additional services fees to Giller for this new scope of work, and survey costs, again reduced the dollars available for the construction of the Project. On March 5, 2003, the City met with the HOA to discuss these necessary changes, and to express the need for the restatement of their August 20, 2002 commitment of up to $30,000 in funding for the Project. On April 17, 2003. the HOA submitted a new letter (Attachment "A") committing to pay for the difference between the City's available construction dollars, in an amount not to exceed $30. 000. The City then negotiated the Additional Service fees with the Giller for this new scope of work, and in April 2003, authorized Giller, to proceed with the revisions to the plans, On July 7, 2003, Giller completed the revisions to the plans and City staff finalized the pennitting pre-approvals on July 31,2003. On August 12, 2003, Invitation to Bid No. 60-02/03 was issued by BidNet, for the construction ofthe new Palm Island Guardhouse, and a non-mandatory pre-bid conference was held on August 28, 2003. As a result of questions from the prospective bidders, two (2) addenda were issued. One of the addenda extended the original September 12, 2003 bid 166 Commission Memorandum October15,2003 New Guardhouse at Palm Island - Bid No. 60-02103 Page 3 of 4 opening date to September 19. 2003. Bid Net issued notices to 55 prospective proposers. resulting in 16 bidders requesting bid packages, and the City's receipt of six (6) bids. On September 19, 2003, six (6) responsive bids were received by the City as follows: . Miami Skyline Construction Corp. ..........................................................$111.000 . BRC Construction. Inc. ............................................................ ,.$126.000 . E.D.M.F. Corporation......................................................... ...... ....$140.933 . Lambert Brothers. Inc. ......... ............ ...... .................. ......... ... .... ..$194,900 . BI-Tech Construction, Inc. .................................,...................... ..$216,705 . Florida Construction and Engineering, Inc. ........................ ............$218,578 The City's estimated budget for the Project is as follows: Palm Island Guardhouse Total 155287.00 Total Pro act Bud Soft Costs: CIP CM Fees AlE Fees AIPP AlE Additional Services Soil Boring Test Special Inspections & Pile Monitoring Asbestos Survey Soft Costs Subtotal Hard Costs: Total Project Costs: Construction Allocation Contingency (10%) Hard Costs Subtotal 6,407,00 16,680.00 2,002.00 3,880.00 2,500.00 1,118.00 600.00 33,187.00 94/95 Ad Valorem Tax 123,921.00 (6.407.00) (16,680.00) (2,002.00) (3,880.00) (2,500.00) (1,118.00) (600.00) (33.187.00) (90,734.00) The Project's scope of work includes the demolition of the existing gu~rdhouse and construction of new accessible structure, landscape, extension of the existing irrigation system, and the installation of electrical conduits for future gates. The Contractor will also be required to provide a temporary guardhouse, and maintain incoming and outgoing traffic on Palm and Hibiscus Islands during the construction. Since there are two Florida Power & Light (FPL) duct banks feeding the Islands in close proximity to the new guardhouse foundation. the Contractor is requested to coordinate closely all excavation and pile installation work with FPL, and other utility owners within the vicinity. The Contract Documents included in the bid. specify that the work for the Project is to be substantially completed within 75 calendar days from the issuance of the second notice to proceed, and completed and ready for tinal payment within 30 calendar days from the date certified by Giller as the date of substantial completion. 167 Commission Memorandum October 15,2003 New Guardhouse at Palm Island. Bid No. 60-02103 Page 4 of 4 The CIP Office, with the Procurement Division, and Giller, have evaluated the bids received (Attachment "B"), and determined that Miami Skyline Construction, Corp., is the lowest and best bidder. The following references were secured by Procurement staff: . Mr. Pete Strelkon, Project Manager City of Fort Lauderdale, Florida "Excellent Worlc/, Good Contractor' . Mr. Jim Mullen, Project Manager Coral Bay Community Development Phase I and Phase II "Provided overall great work" . Mr. Maika Rodriguez, Project Manager Miami-Dade Parks and Recreation .Contractor met all milestone submittals and was great to work with" Based upon HOA committed funds, and on the information received, the Administration recommends the award of the construction contract to Miami Skyline Construction, Corp., in an amount not to exceed $111,000, for the construction of the New Palm Island Guardhouse Project. JMGfTH/GUARlCD Attachment T:\AGENDAI2003'4lct1503\consenI\GUARDHOUSE AWARD-MEMO.doc 168 Attachment "A" c- :.....:1... .;:,.I\i ,"'. \''''.\'''"-l1oC 1\1'1"'.1'1. April 17, 2003 , .' :\.. ., -.- - " .-. .- -. :j (. ; ..) r-. , , :....:, ~ '. -.'1 Alex Rolandelli Capital Projects Coordinator City of Miami Beach 170 I Meridian Street, Suite 20 I Miami Beach, FL 33139 RE: New Palm Island Guardhouse Dear Alex, As requested, we are submitting a restatement of the letter previously submitted to your office, dated August 20, 2002. As you know, we are anxious to get this S-year project oft'the ground and continue to be concerned that the cost estimate of the project seems to increase as time goes by. Based upon updated information received at the meeting on March Sib, 2003, we understand that the City of Miami Beach presently has $100,000 budgeted for construction of the new Palm Island Guardhouse, Additionally, it is our understanding that with the additional Building Department requirements, including flood proofing, the architect currently estimates the cost of the project to be in excess of the previously estimated $126,000. Also, the $3,300 estimated for new Gates will be excluded from the overall bid package. The Miami-Dade County Special Taxing Division has agreed to furnish three new gates and related equipment, as a part of this project, The City will provide only the electrical conduits on the east and west side of the building for future installation by others, after the building has obtained the final Certificate of Occupancy. This letter serves as the commitment by the Palm-Hibiscus-Star Islands Association to pay the difference between $100,000 currently budgeted by the City for construction, and the amount of the successful bid, including contingency, should that bid exceed the City's available funding for construction, up to a maximum of $30,000. Restated, in the event the successful bid exceeds the City's available funding for the construction, the Palm-Hibiscus-Star Islands Association will .frovide the difference in an amount not to exceed $30,000. We understand from our meeting on March 5 ,2003, that this letter of commitment will allow you to move forward with the bidding phase of the project. Please conflTl1l your acceptance of our commitment. In addition, please provide me. with three sets of the complete bid package for our records. 152 Palm Avenue' Miami Beach, FL 33139 169 ,ria Dixon CMS Capitallmprove,nenls305.673707From: Ira D. Giller 305-538.5921 :>9/19103 . AttachmentlB" Giller & Giller, Inc. 'he Giller Building '75 Arthur Godfrey Road ~iami Beach, Florida 33140 305) 538-6324 fax/modem (305) 538-5921 1eg. #AA COO1384 September 19, 2003 Mrs. Carla Dixon Capital Improvements Projects City of Miami Beach 1700 Convention Center Dr. Miami Beach, FL 33139 VIA FAX Re: Palm Island Guardhouse Miami Beach Comm. No. 98201 Dear Carla: Six bids were received for the above project on September 19, 2003 ranging from $111,000.00 to $218,578, The lowest bid of $111,000.00 was submitted by Miami Skyline Construction Corp. This is below the latest Architect's Statement of Probable Cost amount of $137,485.00. Therefore, it is recommended that the contract be awarded to Miami Skyline Construction Corp. subject to the Procurement Division's review of references. ~ Ira D, Giller, A.I.A. President CHITECTS INTERIOR DESIGNERS CONSTRUCTION MANAGERS 170 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AWARDING A CONTRACT TO SKYLINE CONSTRUCTION, CORP., THE LOWEST AND BEST BIDDER PURSUANT TO INVITATION TO BID NO. 60-02103, IN AN AMOUNT NOT TO EXCEED $111,000 FOR THE CONSTRUCTION OF THE NEW GUARDHOUSE AT PALM ISLAND; AND FURTHER ACCEPTING AND APPROPRIATING THE CONTRIBUTION FROM THE PALM/HIBISCUS/STAR ISLANDS ASSOCIATION, INC., IN THE AMOUNT OF $21,816; AND ADDITIONALLY APPROPRIATING $9,550 FROM THE SALE OF PORTION OF RIGHT .oF-WAY AT SOUTH HIBISCUS DRIVE. WHEREAS, on July 1, 1998, the Mayor and City Commission adopted Resolution 98-22808 authorizing the Mayor and City Clerk to reallocate unexpended funds in the amount of $123,921 from the Palm/Hibiscus Islands Beautification Project for the design and construction of a new guardhouse at the Palm/Hibiscus Islands entrance; and WHEREAS, on February 19, 1999, a Service Order, in the amount of $11,500, was issued to Giller and Giller, Inc, (Giller), the Architect of Record, to provide professional architectural and engineering services for the Design, Construction Documentation, Bidding and Construction Administration of the Palm Island Guardhouse; and WHEREAS, on November 8, 2000, Resolution No, 2000-24159 was approved for the sale of approximately 200 sq. feet of the City-owned right-of-way adjacent to the residential property located at 2 South Hibiscus Drive, and WHEREAS, the proceeds of this sale, in the amount of $9,550, were dedicated for public improvements on PalmlHibiscus Island, and therefore allocated to the Palm/Hibiscus Guardhouse Project, located at 152 Palm Avenue; and WHEREAS, In 1999 and 2000, numerous meetings were held with the homeowners, the City of Miami Beach, and Giller, and there were several design changes requested by the Plam/Hibiscus/Star Islands Association (HOA), which modified the Scope of Work, resulting in Additional Service fees to Giller, including additional time needed to complete the design; and WHEREAS, on January 22, 2001, Giller advised the City that the Project costs had increased by approximately $30,000, and it became necessary to identify additional funding for the Project; and 171 WHEREAS, on August 20, 2002, the HOA presented the City with a letter of commitment to pay the difference, up to a maximum of $30,000, between the then available $113,250 for the construction of the Project, and the adjusted estimated construction cost of $130,000, should the Bids exceed the City's available funding; and WHEREAS, in November 2002, upon initiation of the permitting process for the Project, it was determined that several changes were necessary to meet the current Codes, and warranted additional services fees to Giller for this new Scope of Work, and again reduced the dollars available for construction costs; and WHEREAS, on March 5, 2003, the City met with the HOA, discussed these necessary changes, and expressed the need for the restatement of their commitment of up to $30,000; and WHEREAS, on April 17 , 2003, the HOA submitted a new letter committing to pay for the difference between the City's available construction dollars, in an amount not to exceed $30, 000; and WHEREAS, subsequently, the City negotiated the additional service fees, and in April 2003, authorized Giller to proceed with this new Scope of Work; and WHEREAS, on July 7, 2003,Giller, completed the revisions to the plans and City staff finalized the permitting pre-approvals on July 31, 2003; and WHEREAS, on August 12, 2003, Invitation to Bid No. 60-02103 was issued for the construction of the new Palm Island Guardhouse, and a non-mandatory pre- bid conference was held on August 28, 2003, and as a result of questions from the prospective bidders, two (2) addenda were issued; and WHEREAS, on September 19, 2003, six (6) responsive bids, were received by the City; and WHEREAS, Giller & Giller, CIP, and the Procurement Division have reviewed and evaluated the bids, obtained references, and determined that Miami Skyline Construction Corp., is the lowest and best bidder; and WHEREAS, the City Administration recommends that the Mayor and City Commission authorize the Administration to award a construction contract to Miami Skyline Construction, Corp for the construction of the New Palm Island Guardhouse. 172 NOW. THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH. FLORIDA, that the Mayor and City Commission approve and authorize the City Manager or his designee to award a contract to the lowest and best bidder, Miami Skyline Construction, Corp., pursuant to Invitation to Bid No. 60-02103, in an amount not to exceed $111,000, for the construction of the New Guardhouse at Palm Island; and further accepting the contribution from the Palm/Hibiscus/Star Islands Association. Inc., in the amount of $21,816; and additionally appropriating $9,550 from the sale of portion of right-of- way at South Hibiscus Drive. PASSED AND ADOPTED this day of ,2003. ATTEST: MAYOR CITY CLERK T:\AOBNDA\2OO3\l:ldlS03\coacDt\OUARDHOlISE AWARD-IlESO.. APPROVED NJ TO FORM & LANGUAGE & FOR EXECU110N ~ /()~6'fJ3 Date 173 CITY OF MIAMI BEACH ~ 1700 CONVENTION CENTER DRIVE. MIAMI BEACH, FLORIDA 33139 htlp:\\www.miamibeachfl.gov PROCUREMENT DIVISION Telephone (305) 673.7490 Facsimile (305) 673.7851 INVITATION TO BID NO. 60-02/03 ADDENDUM NO.1 September 5, 2003 NEW GUARDHOUSE AT PALM ISLAND is amended as follows: I, The Bid Opening date is changed from September 12, 2003 to September 19, 2003 at 3:00 P.M. Subsequent addenda will follow with answers to prospective bidder's questions. II. The Geotechnical Engineering report for this project is available, please contact Mr. Roman Martinez at the Miarni Beach Procurement Division 305.674.7490 or 304.673.7493 to secure a copy of this report. 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 ?/../" (. t.~...-- Gus Lopez, CPPO Procurement Director rm CITY OF MIAMI BEACH to 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\www.miamibeachfl.gov PROCUREMENT DIVISION Telephone (305) 673.7490 Facsimile (305) 673.7851 INVITATION TO BID NO. 60-02/03 ADDENDUM NO.2 September 8, 2003 NEW GUARDHOUSE AT PALM ISLAND is amended as follows: I. The following are the answers to questions frorn prospective bidders ofthis project. Q. Who is going to be responsible for the cost of all testing? A. The awarded CONTRACTOR, see specifications section 01030, Para. 3.1. Testing. Auger cast pile installation monitoring services, and grout cubes compressive strength testing will be performed by the City's Consultant. Q. Is the successful bidder required to provide a M.o.T. Plan? A. Yes, the successful bidders is required to submit an M.O.T. Plan, see specification section 01031, Para. 1.3 Submittals. Q. Is the successful bidder to provide a temporary guardhouse? A. Yes, the successful bidder is required to provide a temporary guardhouse, see section 01031, Para. 2.3. Q. As part of the bid package are we to provide a flag person for the duration of the project? A. A FLAG PERSON is required "when the construction operations encroach on traffic lanes", Specifications section 01031, Para.2.3. A FLAG PERSON is not required when theirs no encroachment on the traffic lanes. Traffic lanes means "active lanes" not the existing lane enclosed by the construction fence. Q. Are there other acceptable mamfacturers for the Removable Flood Barriers? A. Yes there are other acceptable manufacturers but they must be" APPROVED EQUAL". None have been requested yet. Please see specification section 01030, Para. 1.2. September 8, 2003 Addendum #2 Page 2 Q. How do we determine the depth of the auger cast piling? Reference is made in the bid package that the soils report is supposed to be included, however it wasn't in the package we received. A. The Geotechnical Engineering report for this project is available, please contact Mr. Roman Martinez at the Miami Beach Procurement Division 305,674.7490 or 304.673,7493 to secure a copy ofthis report. Q. In the specifications under section 01031.2.4. it makes reference to the "Temporary Guardhouse" to be used but no rnention as to the manufacturer. A. No manufacturer is specified. Any manufacturer meeting the specifications requirement is acceptable. Q. On page 1 of I item b it states that the soils report is attached to the specifications, but it is not attached to the specifications the we have received. Please provide a copy ofthe soil test. A. The Geotechnical Engineering report for this project is available, please contact Mr, Roman Martinez at the Miami Beach Procurement Division 305,674.7490 or 304.673.7493 to secure a copy ofthis report. Q. Structural drawings 1-2 show four (4) 12" diameter concrete columns, but Architectural drawings 1-2 shows a pre-cast 12" column cover. Please verifY size of pre-cast or structural colwnn size in order to use the pre. cast colwnn cover. A. Concrete columns are 12" 0 (Cast-in-Place). The pre-cast elements around the poured concrete are the trim pieces (base and capital). II. Note: Masonry Openings - At window types "A" and "B", increase the vertical masonry opening from 50-5/8" to 51-5/8" and change the sill height to 2-10-5/8", At type "C", change the vertical opening from 26" to 27". Bidders are required to acknowledge this Addendum on proposal Page 117, "Acknowledgement of Addenda", or the bid may be considered non-responsive. CITY OF MIAMI BEACH /----~ ~t/...- (,. .t.~^--.. Gus Lopez, CPPO Procurement Director rm TABLE OF CONTENTS PAGE NOTICE FOR BIDS .....................................................................................................................6 NO BID NOTIFICATION FORM ............................................................................................... 9 PLANS & SPECIFICATIONS ORDER FORM ....................................................................... 10 00100. GENERAL INSTRUCTIONS TO BIDDERS ................................................... 11 00200. DEFINITIONS ..................................................................................................... 12 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 ..........................................................17 7. Determination of Award ......................................................................... 18 8. Evaluation ........... ............................................. ........................................ 18 9. Contract Price ......................................................................................... 18 10. Postponement of Date for Presenting and Opening of Bids ...........18 11. Qualifications of Bidders .......................................................................18 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/TEN DER FORM ............. ............................................................................ 22 00405. CITY OF MIAMI BEACH LICENSES, PERMITS AND FEES .....................25 SCHEDULE OF PRICES BID ..........................................................................26 00407. 00410. BID GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT ......................................................27 00500. SUPPLEMENT TO BID/TENDER FORM QUESTIONNAIRE ............................................................................................. 29 BID NO: 60.02/03 DATE: 08/12/03 CITY OF MIAMI BEACH 2 00520. 00530. 00540. 00550. 00600. 00708. 00710. 00720. 00721. 00735. 00800. TABLE OF CONTENTS (Continued) SUPPLEMENT TO BID/TENDER FORM NON-COLLUSION CERTIFICATE .................................................................. 36 SUPPLEMENT TO BID/TENDER FORM DRUG FREE WORKPLACE CERTIF ICATION.............................................37 SUPPLEMENT TO BID/TENDER FORM TRENCH SAFETY ACT .................................................................................... 39 RECYCLED CONTENT INFORMATION .......................................................41 CONTRACT ........................................................................................................42 FORM CERTIFICATE OF INSURANCE.......................................................,51 FORM OF PERFORMANCE BOND ...............................................................52 FORM OF PAYMENT BOND ,..........................................................................55 CERTIFICATE AS TO CORPORATE PRINCIPAL.......................................58 PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT ......................................................59 GENERAL CONDITIONS ................................................................................. 61 1. Project Manual........................................................................................61 2. Intention of City ....................................................................................... 61 3. Preliminary Matters ................................................................................ 62 4. Performance Bond and Payment Bond ..................................,...........63 5. Qualification of Surety........................................................................... 64 6. Indemnification.... .................... ............... ........ ............ ........ ..................... 66 7. Insurance Requirements ...........................................,........................... 66 8. Labor and Materials ............................................................................... 69 9. Royalties and Patents............................................................................ 70 10. Weather ......,............................................................................................. 70 11. Permits, Licenses and Irnpact Fees .................................................... 70 BID NO: 60-02103 CITY OF MIAMI BEACH DATE: 08/12/03 3 TABLE OF CONTENTS (Continued) 12. Resolution of Disputes........................................................................... 71 13. Inspection of Work ................................................................................. 72 14. Superintendence and Supervision....................................................... 72 15. City's Right to Termina te 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 ................................................................... 81 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 Supplernentallnstructions ...................................... 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: 60-02/03 CITY OF MIAMI BEACH DATE: 08/12/03 4 00900. 00920. 00922. 00923. 00925. 00926. 00930. 00950. 01000. 02000. 03000. 04000. 05000. 06000 BID NO: 60-02103 DATE: 08/12/03 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 Equiprnent .......................................................................... 97 53. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act.....................................................97 54. Project Records ...................................................................................... 98 SUPPLEMENTARY CONDITIONS .................,............................................... 99 ADDITIONAL ARTICLES ....................................... .........................................100 1. Prevailing Wage Rate Ordinance ......................................................100 2. Federal Grant Projects ........................................................................100 STATEMENT OF COMPLIANCE (PREVAILING WAGE RATE ORDINANCE NO. 83-72) ............................101 STATEMENT OF COMPLIANCE (DAVIS BACON ACT) ....................................,....,....,......................................102 CERTIFICATE OF SUBSTANTIAL COMPLETION....................................103 FINAL CERTIFICATE OF PAYMENT ...........................................................1 05 FORM OF FINAL RECEIPT ..........................................................,................106 DRAWINGS INDEX .........................................................................................108 ADDENDA AND MODIFICATIONS ...............................................................1 09 TECHNICAL SPECIFICATIONS ...................................................................110 BID PROPOSAL FORM ..................................................................................112 ACKNOWLEDGEMENT OF ADDENDA ......................................................117 CUSTOMER REFERENCE LISTING ...........................................................118 ORDINANCES; LOBBYIST, CONE OF SILENCE, DEBARMENT, CODE OF BUSINESS ETHICS, PROTESTED SOLICITATION AWARD .........123 CITY OF MIAMI BEACH 5 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\www.miamibeachfl.gov ~ PROCUREMENT DIVISION ~ Telephone (305) 673-7490 Facsimile (305) 673-7851 INVITATION TO BID NO. 60-02/03 NOTICE TO CONTRACTORS Sealed bids wi II 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 12th day of September 2003 for: NEW GUARDHOUSE AT PALM ISLAND At the time, date, and place indicated 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 subrnitting 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. Scope of Work: The work specified in this bid consists of furnishing all materials, labor, equipment, supervision, mobilization, overhead & profit required to demolish the existing guardhouse and construction of a new Guardhouse in the same vicinity. The work includes demolition. asphalt paving, landscaping, irrigation, augercast piles, concrete, masonry, stucco, wood trusses, carpentry, tile roofing, aluminum entrance doors, aluminum windows, stucco, drywall, ceramic tile, painting, toilet accessories, plumbing, air conditioning, and electrical, demolition of entry/exit gates and installation of electrical conduits for future gates, coordination of all demolition scope with existing public and private utilities. Estimated Construction Budget: $120,000.00 Minimum Requirements: Prospective Bidders must have three (3) years minirnum experience as a General Contractor, with experience in building construction. Prospective Bidders must have completed at least three (3) projects within the last five (5) years associated with general building construction, with a total project value of approximately $120,000 or greater, and at least one project where the Gereral Contractor was a Prime Contractor (contractual party with overall responsibility for the project) . Each Bidder shall furnish a list of all projects demonstrating experience encompassing the above referenced components. Projects must demonstrate farniliarity with the installation of pump stations and water mains. In order to properly evaluate the bids, the City requests that each prospective Bidder submit project references for previous BID NO: 60-02103 DATE: 08/12/03 CITY OF MIAMI BEACH 6 projects completed within the last five (5) years. It is further recommended that such projects include the following information and components: . Project Name . Project location . Brief description of work performed . Names, addresses, telephone number, fax number, and contact name for following: - Owner or Agency - Architect or Landscape Architect, or Engineering Consultant - General Contractor (if work performed as a Sub Contractor) _ Name of General Contractors' project manager and field superintendent . Awarded contract amount and final contract amount . Explanation of differences between award and final contract amounts, if difference exceeds 10% . Original scheduled project completion date, actual final completion date. 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: All Bids shall be accompanied by either an original bid bond executed by a surety company meeting the qualifications for surety companies as specified in Section 5, General Conditions, of this bid document or by cash, money order, certified check, cashier's check, Bid Guaranty Form, Unconditional Letter of Credit (Form 00410), treasurer's check or bank draft of any national or state bank (United States), in the amount of 5% of the Contract Bid Amount, payable to City of Miami Beach, Florida, and conditioned upon the successful Bidder executing the Contract and providing the required Performance and Payment Bonds, each in the amount of one hundred (100%) percent and evidence of required insurance within fifteen (15) calendar days after notification of award of the Contract. A PERSONAL CHECK OR A COMPANY CHECK OF A BIDDER SHALL NOT BE DEEMED A VALID BID SECURITY. A Non-Mandatory Pre-Bid Conference will be held at 10:00 a.m. on August 28, 2003 at the City of Miami Beach City Hall, First Floor Conference Room, located at 1700 Convention Center Drive, Miami Beach, FL 33139. Attendance at the Pre-Bid Conference is HIGHLY ENCOURAGED and recommended as a source of information but it is not mandatory. The City of Miami Beach has contracted with BidNet and has begun utilizing a new central Bid notification system created exclusively for state and local agencies located in South Florida. Created in conjunction with BidNet, this new South Florida Purchasing system has replaced the DemandStar systern and allow vendors to register online and receive notification of new Bids, amendments and awards. Vendors with Internet access should review the registration options at the following website: <http://www.govbids.com/scripts/southflorida/public/home1.asp>. If you do not BID NO: 60.02/03 DATE: 08/12/03 CITY OF MIAMI BEACH 7 have Internet access, please call the BidNet(r) support group at 800-677-1997 extension # 214. 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 10 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 Procurernent Departrnent, 1700 Convention Center Drive, Miami Beach, FL 33139 FAX: (305) 673-7851. The Bid title/number shall be referenced on all correspondence. All questions must be received no later than ten (10) calendar days prior to the scheduled Bid opening date. All responses to questions/clarifications will be sent to all prospective Bidders in the form of an addendum. The City of Miami Beach reserves the right to accept any proposal or Bid deemed to be in the best interest of the City of Miami Beach, or waive any informality in any proposal or Bid. The City of Miami Beach may reject any and all proposals or Bids. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CONE OF SILENCE, " IN ACCORDANCE WITH ORDINANCE NO. 99-3378. 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 BID SOLICITATION IS SUBJECT TO THE LOBBYIST FEE DISCLOSURE ORDINANCE NO. 2002-3363. YOU ARE HEREBY ADVISED THAT THIS BID SOLICITATION IS SUBJECT TO THE CAMPAIGN FINANCE REFORM ORDINANCE NO. 2003-3389. /7. A''<-'' /____'" -:r- ,,~ ,r..._ t ...'~- l. ".^ CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director BID NO: 60-02/03 DATE: 08/12/03 CITY OF MIAMI BEACH 8 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\'INww.miamibeachft.gov PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673.7851 Bid No. 60-02/03 NEW GUARDHOUSE AT PALM ISLAND NOTICE TO PROSPECTIVE BIDDERS NO BID If not submitting a Bid at this time, please detach this sheet from the Bid documents, complete the information requested, and return to the address listed above. NO BID SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED: _ Our company does not handle this type of product/service. _ We cannot meet the specifications nor provide an alternate equal product. ______Our company is simply not interested in Bidding at this time. Due to prior commitments, I was unable to attend pre-proposal meeting. _______OTHER. (Please specify) We do _ do not _ want to be retained on your mailing list for future Bids for this type or product and/or service. Signature: Title: Company: Note: Failure to respond, either by submitting a Bid or this completed form, may result in your company to be removed from our vendors list. BID NO: 60-02103 DATE: 08/12103 CITY OF MIAMI BEACH 9 C.O.D Order T -SQUARE FAX 305-324-8040 PHONE 305-3241234 EX. 320 CITY OF MIAMI BEACH BID # 60-02/03 NEW GUARDHOUSE AT PALM ISLAND Authorized by : Roman Martinez Fax: 305.324.8040 Plans - 30 x 42 Technical Specifications - 8.5 X 11 $ $ $ '" *Any other copies or reproductions are additional to this price Price per SQ.FT $ .12cnts full size/ half size $ 1.00 per first copy &.45 second copy Total (MINIMUM ORDER FOR FREE DELIVERY $20.00 PER DELIVER) COMPANY NAME: ORDER BY: Bill to: _______________________________________COD T-Square Acct# 613204 Cash: Credit Card # Visa:_ Amex:_Master:_Other: Ex. date In the name of:__________________Authorization signature_______________ Ship TO: City State zip code Phone: _-_-_Fax:_ -_ -_ Contact name Title Received by: shipped by: UPS # FEDEX # Received by: shipped by: UPS # FEDEX # Next day air _ Next day air saver _Ground _Second day air AM _Second air Three day select Handling charge $ Order received by T .Square: Title: ANY QUESTION AT T -SQUARE PLEASE CALL 305-324-1234 ASK FOR: Rusty James = VP Production Don Walker = Production Department Jesus Luya = Production Department Veronica Lorza = Account Manager Carmen Elena Davila = Sales Manager = Ext. 202 = Ext. 224 = Ext. 224 = Ext. 230 = Ext. 320 If you already have an account with T -Square please use your account # to place the order. Thank you for your business. BID NO: 60-02/03 DATE: 08/12/03 CITY OF MIAMI BEACH 10 00100. GENERAL INSTRUCTIONS TO BIDDERS: 1. General: The following instructions and those set forth in Section 00300 herein are given for the purpose of guiding Bidders in properly preparing their Bids. Such instructions have equal force and weight with other portions of the Contract Documents and strict compliance is required with all the provisions contained in the instructions. Bidders shall note that various paragraphs within these Bid documents have a [ ] box which may be checked. If the box is checked, the language is made a part of the Bid documents and compliance therewith is required of the Bidder; if the box is not checked, the language is not made a part of the Bid documents. 2. ScoDe of Work: The work specified in this bid consists of furnishing all materials, labor, equipment, supervision, mobilization, overhead & profit required to demolish the existing guardhouse and construction of a new Guardhouse in the same vicinity. The work includes demolition, asphalt paving, landscaping, irrigation, augercast piles, concrete. masonry, stucco, wood trusses, carpentry, tile roofing, aluminum entrance doors, aluminum windows, stucco, drywall, ceramic tile, painting, toilet accessories, plurnbing, air conditioning, and electrical, demolition of entry/exit gates and installation of electrical conduits for future gates, coordination of all demolition scope with existing public and private utilities. 3. Location of Work: Pam Island on the McArthur Causeway in the City of Miami Beach (50 East Palm Midway). 4. Abbreviations and Symbols: The abbreviations used throughout the Contract Docurnents are defined hereinafter in the Technical Specifications. The symbols used in the Plans are defined therein. 5. Bid PackaQe Submission: Sealed Bids will be received by the City of Miami Beach Procurement Director, 3d Floor 1700 Convention Center Drive, Miami Beach, Florida 33139, until and no later than Septernber 12, 2003 at 3:00 PM. BID NO: 60-02/03 DATE: 08112103 CITY OF MIAMI BEACH 11 00200. DEFINITIONS: 1. Definitions: Whenever the following terms or pronouns in place of them appear in the Project Manual, the intent and meaning shall be interpreted as follows: 1.1. Bidder: Any individual, firm, or corporation submitting a Bid for this Project, acting directly or through a duly authorized representative. 1.2. ChanQe Order: A written document ordering a change in the Contract Price or Contract Time or a material change in the Work. 1.3. City: The City (or Owner) shall mean the City of Miami Beach, a Florida municipal corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, which is a party hereto and lor for which this Contract is to be performed. In all respects hereunder, City's performance is pursuant to City's position as the owner of a construction project. In the event City exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, laws and ordinances shall be deemed to have occurred pursuant to City's regulatory authority as a governmental body and shall not be attributable in any manner to City as a party to this Contract. 1.4. City Commission: City Commission shall mean the governing and legislative body of the City. 1.5. City ManaQer: City Manager shall mean the Chief Administrative Officer of the City. 1.6. Consultant: Architect or Engineer who has cortracted with City or who is an ernployee 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 Adrninistrator shall mean the individual appointed by the City Manager who shall be the City's authorized represertative 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 Commission, the Performance Bond and Payment Bond, the Notice of BID NO: 60-02/03 CITY OF MIAMI BEACH DATE: 08/12/03 12 Award, the Notice(s) to Proceed, the Purchase Order, Change Orders, Field Orders, Supplemental Instructions, and any additional documents the submission of which is required by this Project Manual, are the documents which are collectively referred to as the Contract Documents. 1.11. Contract Price: The original amount established in the Bid submittal and award by the City, as may be amerded by Change Order. 1.12. Contract Time: The original time between commencement and completion, including any milestone dates thereof, established in Article 2 of the Contract, as may be amended by Change Order. 1.13. Contractor: The person, firm, or corporation with whom the City has contracted and who is responsible for the acceptable performance of the Work and for the payment of all legal debts pertaining to the Work. All references in the Contract Documents to third parties under contract or control of Contractor shall be deemed to be a reference to Contractor. 1.14. Defective Work: Within the context of this Article 25 of the General Conditions, the word "defective" shall be/have the meaning of an adjective which, when modifying the word Work, refers to Work that is unsatisfactory, faulty or deficient, in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to CONSULTANT's recommendation of final payment (unless responsibility of the protection thereof has been assumed by CITY at Substantial Completion in accordance with Article 42 of the General Conditions. 1.15. Field Order: A written order which orders rninor changes in the Work but which does not involve a change in the Contract Price or Contract Tirne. 1.16. Final Completion: The date certified by Consultant in the Final Certificate of Payment upon which all conditions and requirements of any permits and regulatory agencies have been satisfied; any documents required by the Contract Documents have been received by Consultant; any other documents required to be provided by Contractor have been received by Consultant; and to the best of Consultant's knowledge, information and belief the Work defined herein has been fully completed in accordance with the terms and conditions of the Contract Documents. 1.17. 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. BID NO: 60-02/03 CITY OF MIAMI BEACH DATE: 08/12/03 13 1.18. Materials: Materials incorporated in this Project, or used or consumed in the performance of the Work. 1.19. Notice(s) to Proceed: Written notice to Contractor authorizing the commencement of the activities identified in the notice or as described in the Contract Documents. 1.20. Plans and/or Drawinos: The official graphic representations of this Project which are a part of the Project Manual. 1.21. Proqram Manaoer: N/A 1.22. Proiect: The construction project described in the Contract Documents, including the Work described therein. 1.23. Proiect Initiation Date: The date upon which the Contract Time commences. 1.24. Proiect Manual: The official docurnents setting forth Bidding information and requirernents; contract form, bonds, and certificates; General and Supplementary Conditions of the Contract Documents; the technical specifications; and the plans and drawings of the Project. 1.25. Resident Proiect Representative: An authorized representative of the City or Consultant or Program Manager assigned to represent the City or Consultant or Program Manager on the Project. 1.26. 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 rnerely furnishes Materials not so worked. 1.27. 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 Cornpletion. 1.28. Surety: The surety cornpany 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 perfonnance of the work under the contract BID NO: 60-02103 CITY OF MIAMI BEACH DATE: 08/12/03 14 and for the payment of all debts pertaining thereto in accordance with Section 255.05, Florida Statutes. 1.29. Work: The construction and services required by the Contract Documents, whether completed or partially cornpleted. 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: 60-02103 CITY OF MIAMI BEACH DATE: 08/12/03 15 00300. INSTRUCTIONS TO BIDDERS: 1. Examination of Contract Documents and Site: It is the responsibility of each Bidder before submitting a Bid, to: 1,1. Examine the Contract Documents thoroughly, 1.2. Visit the site or structure to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work, 1.3. Take into account federal, state and local (City and Miami-Dade County) laws, regulations, ordinances that may affect costs, progress, performance, furnishing of the Work, or award, 1.4. Study and carefully correlate Bidder's observations with the Contract Documents, and 1,5. Carefully review the Contract Documents and notify Consultant of all conflicts, errors or discrepancies in the Contract Documents of which Bidder knows or reasonably should have known. The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has corn plied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the Contract Docurnents and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 2. Pre-Bid Interpretations: Only questions answered by written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. All questions about the meaning or intent of the Contract Documents are to be directed to the City's Procurement Director in writing. Interpretations or clarifications considered necessary by the City's Procurement Director in response to such questions will be issued by City by means of Addenda mailed or delivered to all parties recorded by the City's Procurement Director as having received the Bidding Documents. Written questions should be received no less than ten (10) calendar days prior to the date of the opening of Bids. There shall be no obligation on the part of City or the City's Procurement Director to respond to questions received less than ten (10) calendar days prior to Bid opening. BID NO: 60.02/03 DATE: 08/12/03 CITY OF MIAMI BEACH 16 3. Submittino 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: NEW GUARDHOUSE AT PALM ISLAND BID/CONTRACT NO.: 60-02/03 4. 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. 5. Bid Guaranty: All Bids shall be accompanied by either an original bid bond executed by a surety company meeting the qualifications for surety companies as specified in Section 5, General Conditions, or by cash, money order, certified check, cashier's check, Bid Guaranty Form, Unconditional Letter of Credit (Form 00410), treasurer's check or bank draft of any national or state bank (United States), in the amount of 5% of the Contract Bid Amount, payable to City of Miami Beach, Florida, and conditioned upon the successful Bidder executing the Contract and providing the required Performance Bond and Payment Bond and evidence of required insurance within fifteen (15) calendar days after notification of award of the Contract. A PERSONAL CHECK OR A COMPANY CHECK OF A BIDDER SHALL NOT BE DEEMED A VALID BID SECURITY. Security of the successful Bidder shall be forfeited to the City of Miami Beach as liquidated damages, not as a penalty, for the cost and expense incurred should said Bidder fail to execute the Contract, provide the required Performance Bond, The Bidder Awarded this contract will be required to provide the Payment Bond and Certificate(s) of Insurance, -within fifteen (15) calendar days after notification of the award of the Contract. 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 shown. Bid Securities of the unsuccessful Bidders will be returned after award of Contract. 6. Acceptance or Reiection of Bids: The City reserves the right to reject any or all Bids prior to award. Reasonable efforts will be made to either award the Contract or reject all Bids within ninety (90) calendar days after Bid opening date. A Bidder may not withdraw its Bid unilaterally nor change the Contract Price before the expiration of ninety (90) calendar days from the date of Bid opening. A Bidder rnay 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. BID NO: 60-02103 DATE: 08/12/03 CITY OF MIAMI BEACH 17 7. Determination of Award: The City Commission shall award the contract to the lowest and best Bidder. In determining the lowest and best Bidder, in addition to price, there shall be considered the following: a. The ability, capacity and skill of the Bidder to perform the Contract. b. Whether the Bidder can perform the Contract within the time specified, without delay or interference. c. The character, integrity, reputation, judgement, experience and efficiency of the Bidder. d, The quality of performance of previous contracts. e. The previous and existing compliance by the Bidder with laws and ordinances relating to the Contract. 8. Evaluation: An interim performance evaluation of the successful Contractor may be submitted by the Contract Administrator during construction of the Project. A final performance evaluation shall be submitted when the Request for Final Payment to the construction contractor is forwarded for approval. In either situation, the completed evaluation{s) shall be forwarded to the City's Procurement Director who shall provide a copy to the successful CONTRACTOR. Said evaluation{s) may be used by the City as a factor in considering the responsibility of the successful CONTRACTOR for future Bids with the City. 9. Contract Price: The Contract Price is to include the furnishing of all labor, materials, equipment including tools, services, permit fees, applicable taxes, overhead and profit for the oompletion of the Work except as may be otherwise expressly provided in the Contract Documents. The cost of any item{s) of Work not covered by a specific Contract unit price or lump sum price shall be included in the Contract unit price or lump sum price to which the item{s) is most applicable. 10. Postponement of Date for Presentino and Openino of Bids: The City reserves the right to postpone the date for receipt and opening of Bids and will make a reasonable effort to give at least seven (7) calendar days written notice of any such postponement to each prospective Bidder. 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 BID NO: 60-02103 DATE: 08/12/03 CITY OF MIAMI BEACH 18 location and organization of the Bidder, the Bidder's record with environmental regulations, and the c1aims/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 rnade prior to the time and date of Bid opening shall be issued as separate documents identified as changes to the Project Manual. 13. Prevailino Waoe Rates: City of Miarni Beach Ordinance No, 94-2960 provides that in all non-federally funded construction contracts in excess of one mllion dollars to which the City of Miami Beach is a party, the rate of wages and fringe benefits, or cash equivalent, for all laborers, mechanics and apprentices employed by any contractor or subcontractor on the work covered by the contract, shall not be less than the prevailing rate of wages and fringe benefit payments or cash equivalence for similar skills or classifications of work, as established by the Federal Register, in the City of Miami Beach, Florida. The provisions of this Ordinance shall not apply to the following projects: a. water, except water treatment facilities and lift stations; b, sewer, except sewage treatment facilities and lift stations; c. storm drainage; d. road construction, except bridges or structures requiring pilings; and e. beautification projects, which may include resurfacing new curbs, gutters, pavers, sidewalks, landscaping, new lighting, bus shelters, bus benches and signage. 14. Occupational Health and 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: 60..02103 DATE: 08/12/03 CITY OF MIAMI BEACH 19 14.2.2. The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and 14.2.3. The primary routes of entry and symptoms of overexposure. 14.3. The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of overexposure. 14.4. The emergency procedure for spills, fire, disposal, and first aid. 14.5. A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. 14.6. The year and month, if available, that the information was corn piled and the name, address, and emergency telephone nurnber of the manufacturer responsible for preparing the information. 15. Environmental Reaulations: The City reserves the right to consider a Bidder's history of citations and/or violations of environmental regulations in investigating a Bidder's responsibility, and further reserves the right to declare a Bidder not responsible if the history of violations warrant such determination in the opinion of the City. Bidder shall submit with its Bid, a complete history of all citations and/or violations, notices and dispositions thereof. The nonsubmission of any such documentation shall be deemed to be an affirmation by the Bidder that there are no citations or violations. Bidder shall notify the City immediately of notice of any citation or violation which Bidder may receive after the Bid opening date and during the time of performance of any contract awarded to it. 16. "Or Eaual" Clause: Whenever a material, article or piece of equipmert is identified in the Contract Documents including plans and specifications by reference to manufacturers' or vendors' narnes, 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 equiprnent of other manufacturers and vendors which will perform or serve the requirements of the general design will be considered equally acceptable provided the rnaterials. article or equipment so proposed is, in the sole opinion of Consultant, equal in substance, quality and function. BID NO: 60-02103 DATE: 08112103 CITY OF MIAMI BEACH 20 ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S PROCUREMENT DIRECTOR, WHO SHALL FORWARD SAME TO CONSUL TANT. 17. Protested Solicitation Award: Bidders that are not selected may protest any recommendation for Contract award in accordance with City of Miami Beach Ordinance No. 2002-3344, which establishes procedures for resulting protested Bids and proposed awards. Protest not timely pursuant to the requirements of Ordinance No. 2002-3344 shall be barred. 18. Financial Stabilitv and Strenqth: 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: 60-02/03 DATE: 08/12/03 CITY OF MIAMI BEACH 21 00400. BIDITENDER FORM: - t' .' '" '-'L' ,- Subrnitted: _.::.:..~U:'I..i'L,b:) Y~_L1r-'.2~ f_P , Date City of Miami Beach, Florida 1700 Convention Center Drive Miarni 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 exarnined 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 Docurnents and to furnish all necessary materials, equipment, machinery. tools. apparatus, rneans of transportation, and all labor necessary to construct and complete within the time limits specified the Work covered by the Contract Documents for the Project entitled: The Bidder also agrees to furnish the required Performance Bond and Payment Bond or alternative form of security, if permitted by the City, each for not less than the total Bid price plus alternates, if any, and to furnish the required Certificate(s) of Insurance. The undersigned further agrees that the Bid guaranty accompanying the Bid shall be forfeited if Bidder fails to execute said Contract, or fails to furnish the required Performance Bond and Payment Bond or fails to furnish the required Certificate(s) of Insurance within fifteen (15) calendar days after being notified of the award of the Contract. In the event of arithmetical errors, the Bidder agrees that these errors are errors which may be corrected by the City. In the event of a discrepancy between the price Bid in figures and the price bid in words, the price in words shall govern. Bidder agrees that any unit price listed in the Bid is to be multiplied by the stated quantity requirements in order to arrive at the total. .\ BID NO: 60.02/03 CITY OF MIAMI BEACH UA TE: 08/12/03 22 Acknowledgment is hereby made of the following addenda (identified by number) received since issuance of the Project Manual: ,". j-i.-. -I - I~ l' ..:::::...,. r.L r: .....cr.::i3 L~..L.:_G.!L:WLb...--=.L.. _~i.-l.2.JY --'--.:..------------- 1',-H,".rJ~ oil .-:-; <~ ~ 9.~.),!..."y..,;)3 ..~ _'l...:..:..:.L~_:.lL_~_~2...L-.:W....::------------------ -------------------------------------- Attached is a Bid Bond [~aSh [ ]. Money Order [ ], Unconditional Letter of Credit [ ]. Treasurer's Check [ ], Bank Draft [ ], Cashier's Check [ ], or Certified Check [ ] No. Bank of for -------- --~-~-------------~---------- the sum of __21-':.._ ()(f:) \ f) A'C:!:t::i2. '1'>:'1."____ Dollars ($------------). The Bidder shall acknowledge this Bid by signing and completing the spaces provided below. Name of Bidder: ~J 1 r~CLL..J:J}~Ll~L_e .J'Y~~:5hur~-h:J{\ (' tY-P- City/State/Zip: =Ja5.._J.::o.)Id__jY}2-JhiiL------------------------ t j ~., _l_~l___~J~r~~lr_f~l.:.._~:~~~j___________________ Telephone No.: S()~~:.._ X)3_::~~lli~1.k_______________________ Social Security No. or Federal . N .,.~::; ().-:-(~).-.~I',t"\ l. D. o. :_____ ....,-'-'-=- ..., ~LiQ,.2":'l..- Dun and Bradstreet No.:___________________ (if applicable) If a partnership, names and addresses of partners: --------------------------------------------------------------------- " ~~. --------------------------------------------------------------------- " ,/ --------------------~------------------------------------- BID NO: 60-02103 DATE: 011/12103 CITY OF MIAMI BEACH 23 (Sian below if not incoroorated) ---------- WITNESSES: (Type or Print Name of Bidder) (Signature) (Type or Print Name Signed Above) (Sian below if incorDorated) ~ ,l.._ .- I ~_ /) ____.1._ A \ ..'* (' L\l1l&I.U ;::.k41lDL-U.1...~ I _JYp (Type or Print Nanie of Corporation) ATTEST: ib- ~ ~- - ----- Secretary .k::!P' < jfr.SiCf'.-tt (S~e and Title) (CORPORATE SEAL) C.J i f.'\u t.\ill~:) Z~-.J,C\(;;oGz... (Type or Print Name Signed Above) Incorporated under the laws of the State of: Ll)LiliF, -- BID NO: 69-02103 DA TE: 08/12103 CITY OF MIAMI BEACH 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 rnethod 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: "CITY OF MIAMI BEACH MASTER PERMIT FEE AND APPLICABLE MAJOR TRADE PERMIT FEES (I.E. MECH., PLUMBING, ELEC., AND FIRE) ARE WAIVED, ANY OTHER PERMIT FEES NOT DIRECTLY RELATED TO THE ACTUAL CONSTRUCTION OF THE PROJECT (I.E. PERMITS FOR DUMPSTERS, JOB TRAILERS) ARE NOT WAIVED" "LICENSES, PERMIT 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. L1cen.e. Permits and Fee. which may be required by Mlaml-Dade County, the State of Florida or other governmental agencies may Include but are not limited to: Florida Department of Transportation (FOOT) permit, Department of Health Permit and Department of Environmental Resources Management Permit". The prospective Bidder must comply with all applicable Professional licensing requirements, including but not limited, to those required by General Contractors. 1. Occupational licenses from City of Miami Beach firms will be required to be submitted within fifteen (15) days of notification of intent to award. 2. Occupational licenses will be required pursuant to Chapter 205.065 Florida Statutes. NOTE: a) If the contractor is a State of Florida Certified Contractor the followina will be reauired: 1) Copy of State Contractors Certification 2) Place of Business Occupational License 3) Liability and Property Damage Insurance Certificate made to City of Miami Beach 4) Workers compensation or the exemption b) If a Dade County Licensed Contractor: 1) Dade Certificate of Competency in the Discipline Licensed 2) Municipal Contractors Occupational License 3) Liability and Property damage Insurance Certificate made to City of Miami Beach 4) Workers Compensation or the exemption NOTE: PLEASE PROVIDE COPIES OF ALL YOUR LICENSES AND CORPORATE CERTIFICATES WITH YOUR BID RESPONSE BID NO: 60.0Zl03 CITY OF MIAMI BEACH DA TE: 08/12/03 1S _.j, :'<~ /' ~. j=rf.'c ..H,,;' L:- 00407. SCHEDULE OF PRICES BID: (Please refer to page 117 of this Bid package) Consideration for Indemnification of CITY $25.00 [ X ] 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 41, Section 00540, to be considered responsive.] IN ORDER TO BE CONSIDERED RESPONSIVE, THE BIDDER MUST COMPLETE* THIS FORM, SIGN AND SUBMIT IT WITH ITS BID DOCUMENT. *COMPLETION REQUIRES FILLING IN THE APPROPRIATE DETAILS UNDER THE HEADINGS, I.e., DESCRIPTION, UNIT, QUANTITY PRICE, UNIT PRICE, EXTENDED, AND METHOD. BID NO: 60-02103 DATE: 08/12/03 CITY OF MIAMI BEACH 26 00410. BID GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT: Date of Issue Issuing Bank's No. Beneficiary: Applicant: City of Miarni Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Amount: in United States Funds Expiring: (Date) Bid/Contract Number We hereby authorize you to draw on_____________________________ (Bank, Issuer name) at ___________________________________by order of and for the account (branch address) of (contractor, applicant, customer) up to an aggregate amount, in United States Funds, of __________________ available by your drafts at sight, accompanied by: 1. A signed statement from the City Manager of the City of Miami Beach, or his authorized representative, that the drawing is due to default i1 performance of obligations on the part of____________________________ agreed upon by and (contractor, applicant, customer) between City of Miami Beach, Florida and_______________________ (contractor, applicant, customer) pursuant to the Bid/Contract No. _______ for ______________________. (name of project) Drafts must be drawn and negotiated not later than _______________. (expiration date) Drafts must bear the clause: "Drawn under Letter of Credit No. of_________________________________dated___________. (Bank name) BID NO: 60-02/03 DATE: 08/12/03 CITY OF MIAMI BEACH 27 This Letter of Credit sets forth in full terms of our undertaking, and such undertaking shall not in any way be modified, amended, or amplified by reference to any documents, instrument, or agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any such reference shall not be deerned to incorporate herein by reference any document, instrument, or agreement. We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this Letter of Credit that such drafts will be duly honored upon presentation to the drawee. The execution of the Contract and the submission of the required Performance and Payment Guaranty and Insurance Certificate by the ________________________ (contractor, applicant, customer) shall be a release of all obligations. This Letter of Credit is subject to the "Uniform Custorns 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: 60-02/03 DATE: 08/12/03 CITY OF MIAMI BEACH 28 00500. SUPPLEMENT TO BIDITENDER FORM: (To be executed bv Contractor/Sub-Contractor) THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE BID, HOWEVER, ANY ADDITIONAL INFORMATION NOT INCLUDED IN THE SUBMITTED FORM AS DETERMINED IN THE SOLE DISCRETION OF THE CITY, SHALL BE SUBMITTED WITHIN SEVEN (7) CALENDAR DAYS OF THE CITY'S REQUEST. QUESTIONNAIRE The undersigned authorized representative of the Bidder certifies the truth and accuracy of all statements and the answers contained herein. 1. How many years has your organization been in business while possessing one of the licenses, certifications, or registrations specified in Section 004051 .~cen.se/ce. rti~c~tio~egi~tr. atio..1'! ~(...L -- ~::-::! ( '~'. ~~ ~~) T-;\vqjyf', l'f\\. ,- ():_:' jU' ....-,., )"1":1 f.'( r "\""\,,t..) '-_=---____--o.,;~ ~..l..,1J # Years ? . ) ---- 7, ----- ---------------- 1 A. What business are you in? i~)r, ;--, \ t.~\.6r..)_-_---- 2. What is the last project of this nature that you have completed? r~'\'':' I . .. .") " G ,"" ..1. ' _ -; 'to;, ",,~i~',;:- ::-:J.:!- __!J"J '\ i. a:u.y C:/.YJ.D..,,-~-bf---- r:::i) l'::.b:c.:..l..h.. <' t{'r'r:LD..i:L..:..~ . (~:: < ~ '0 1"'---'-""""'" . i':)" L IS';-:Y( ,:::" i ('j.,: C,." '{>_ '4f:':)_'\€_i'.,.'.'":; \.....'J ... ):...; :....' ;-:\,. -( \ t" .-',- \ ':~_l-- -...I -.::;,r 3. Have you ever failed to complete any work awarded to you1 If so, where and why? k'J(..) ----------- ---------------------- 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 interwned to assist in completion of the project, whether or not a claim was made. l- '\.. \- ,..... I _)',,~ '\ r j -'v' ~. ,,-,-,,"- ------------------------ BID NO: 60-~210J DA TE: 08/12KJJ CrTY OF MIAMI BEACH 29 4. Give names, addresses and telephone numbers of three individuals, corporations, agencies", or institutions for which you have performed work: .~Vt.t0,'AC,Y'll+.lZ-:CS\ to<:\.- 4.1. ,.' ifJ,Y.]\Jl\\ZI, 3<:=1...o"?;. ~5::svd~ q,5l.\- 0l\..()() (name) __'. (address). ' (phone #) N I'..\KJ\. l':':i':C)(~;.j::7- Q"t'O N.LU ~)r,c:i ~ '305"-155- ~~~~~)I t',1\~V (;'1 \\"~Jdd~~;fJ\.\ ~\ ;~~\SC, -r--!' (p~~~~) 17"") . , l.su..tl',._ ,<:>\\1_ q~ / - ~ ..J t .... ,. ...":l"-t 4.3. "b:\-'(?=\ \(,,, o)\tY') N.~~ I;-'~ -3'<''1...;:,\ ~-c.o<O.D (name) (address) (phone #) 4.2. 5. List the following information conceming all contracts in progress as of the date of submission of this Bid, (In case of co-venture, list the information for all co-venturers. ) %OF COMPLETION TO DATE 0,0"/ TOTAL DATE OF NAME OF OWNER & CONTRACT COMPLETION PROJECT PHONE # VALUE PER CONTRACT (YL\if.()\A ,.::, "" \/\ClI t:,U,L . .- i (' , ..-) r: j.o . ',,\.,~, ,-. ", " ,-.> (',::::., ..l--LW.:J!,~_J_t:!:i~~_~~~~~~.J ~~~ --------------------------------- (Continue list on insert sheet, if necessary.) 6. Has a representative of the Bidder completely inspected the proposed project and does the Bidder have a complete plan for its performance? _~~L~"2__------------- 7. Will you subcontract any part of this work? If so, give details including a list of each subcontractor(s) that will perforrn work in excess of ten percent (10%) of the contract amount, the approximate percentage, and the work that will be performed by each such subcontractor(s). Include the name of the subcontractor(s) and the approximate percentag~ of work. \ (\ _ . j.. I (~~.., f\5- {'~y!.U._-=-ll~ i.e57. 5 ' '1?ll..uo~~:QJjl.rfJX-LS'C ~ ~ L1t l '0.t b'LM..Q,. ~ 6/ _---:---; _ ("' ~ " I .;/ ,( .::t:Er\:orla_:b:,.Q~1~~::.:b1v)r\wQ, ___ _XI- 6. . BID NO: 60-02103 DATE: 08/12/03 CITY OF MIAMI BEACH 30 The foregoing list of subcontractor(s) may not be amended after award of the Contract without the prior written approval of the Contract Administrator, whose approval shall not be unreasonably withheld. 8. What equipment do you own that is available for the work? ':"'" ,. ",'. '-;J~;- ~ ," __j,.....,j:\ I" ~ . v" -....".....-..: ,\.. -~"..,.....- ,- 1...), \.~ '~"l ',,\ -. Ii. ~'- )\'...:...... , I \ 'V-"r(J'i' \:($ \~A ') ~ . " J J . '(\. -." l - \. --h:t ..): ""'I', J" ,{ l .[...,.- , ') _Y,/1f:("0\--('-~ ,r ,[,,'J') i.Y ('1 ,-'-\'b.;'":. , 9. What equipment will you purchase for the proposed work? __J:).:..i.J:"'" ------------ ---------------------------------- ---------------------------------. 10. What equipment will you rent for the proposed work? .::- 3:--A(,)()"'.lCL.2 ------------------------------------------ ----------------------- ----------------------- 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. j-"'~l.L.1 ,)_"--~/ )...:.1: 'i';' \;?"'t-~ -;--.) \ r" '\!~ \-)\,\::b v \. -- F,Yh('D\UL.. i, .OJ 1:..:"., (,," .. \;){y; j(, U,( 1 $ . i.~.[,::.:ih_:_Ll.\i-.1.(_' ~"\ \/':.J {$~PQ ('.On';._ u1. '.l~..2..:l. ~' l' . . Eu.u.:.l:...._l...L!L..i.1.....Zt.-\'\( . 1 {' :' '.' _. ::"'€.k .---il ;~~}:n',"~; (~r h.> )....h{~ '-SK\;,\~Gd- . I . . ) . ' . h:)0..L:-........ _+,.:~~...:~_W~~?l'~-_ \' (.'\,.. If.: "bL7- l...j.'~..!$n-r :::' .~~t V'~D ( -.!o.(~Vf....... " 'i'-'; \'...., 'J-) 1',,(1. t.:~I'.',t. I \'11-11''-' (:-t..?":.... ()t:~._k:.J(<"'< ,<: BID NO: 60.02103 . CITY OF MIAM{)JEACH " DATE: 08/12/03 31 12. State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business and the address of the place of business. (If a corporation, state the name of the president and secretary. If a partnership, state the names of all partners. If a trade name, state the names of the individuals who do business under the trade name). 12.1 The correct name of the Bidder is \ Al Ar;, i C:,\( d\ t-:; (1 - ..__"'..h~ d....l.\CJ\ we ' , { ~l r 12.2 The business is a (Sole Proprietorship) (Partnership) (Corp~r~t~on). 1 - / (VfT)i1tic f: 12.3 The address of principal place of business is JC)--':;' hl~::..J-LY-) -\1,; ;;-L.h.LlJJ..t.c.ll-CL_..3=--)\({) \ 12.4 The names of the corporate officers, or partners, or individuals doing business under a trade name, are as follows: J j(lL~ ---------------------------------------------------------- 12.5 List all organizations which were predecessors to Bidder or in which the principals or officers of the Bidder were principals or officers. l:l~){;) ~ BID NO: 60-02103 DATE: OS/12/03 CITY OF MIAMI BEACH 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. }_ If)" (e; 12.7. List and describe all successful Performance or Payment Bond claims made to your surety(ies) dlring the last five (5) years. The list and descriptions should include claims against the bond of the Bidder and its predecessor organization(s). _LJG.hlE_________________ ------------------ 12.8 List all claims, arbitrations, adrninistrative 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. -h\L11~; ----------------------------- ------------------- BID NO: 60-02103 DATE: 08112/03 CITY OF MIAMI BEACH 33 12.9. List and describe all criminal proceedings or hearings concerning business related offenses in which the Bidder, its principals or officers or predecessor organization(s) were defendants. 1~ 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. jJo ---------------------------------. 12.11. Under what conditions does the Bidder request Change Orders. k\.;.\\y iJ.").<")f.K o...:H>,~j -t.) ('Ij'\y-",,_L ~~~ ___ _~___~_~-L_________~~__. ~~--- i" blq2-\\l-.J.j~:-=.{'cl;:!2....Jlr;; i l'yr\l;:..~k.___ ) 12.12 You must provide the names of all individuals or entities (including your sub-consultants) with a controlling financial interest. The term .controlling financial interest" shall mean the ownership, directly or indirectly, of 10% or more of the outstanding capital stock in any corporation or a direct or indirect interest of 10% or more in a firm. The term "firm" shall mean any corporation, partnership, business trust or any legal entity other than a natural person. ------------------- " i ( ,,\:. _.l'::M-U~__ BID NO: 60-02103 DA TE: 08/12/03 CITY OF MIAMI BEACH 34 12.13 Individuals or entities (including our ~-consultants) with a controlling financial interest: ____have -L_have not contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. Please provide the name(s) and date(s) of said contributions and to whom said contribution was made. WITNESS: IF PARTNERSHIP: - Signature - Print Name of Firm ------------- Print Name Address By:_____________________________ General Partner --------------- Print Name " WITNESS: IF CORPORATION: ~..'i( , c' ..1 (7 \ -..1... _ /l.__ ~fNLa~e~t~~~~ti~~.r,1Y( Ir~ 1 uurp LitLLt:.:lD B)f ,'r '~ \e7 I tfe.:;\r.kr*-. . I I ! I ,;1 {~/ /'." I .'l.., .) ,..__~~.!:.~:-:!...i.--- - ~_L:Y~-=-._--- Signature /'1 ;;'{) rj,:.. '-Nt! 'cr , t~~~\ "~~m~~~ ~ ,," By:_-k~ President ~ (CORPORATE SEAL) Attest: _-?-~__se""'ta'" .....t- DID NO: 60-02/03 DATE: 08/12/03 CITY OF MIAMI BEACH 35 00520. SUPPLEMENT TO BIDITENDER FORM NON-COLLUSION CERTIFICATE THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO BE DEEMED RESPONSIBLE. . d~-Y.- c.- . . Submitted this -LY) _ day of \. y'- f-~\ t.Q y , 2003. The undersigned. as Bidder, declares that the only persons interested in this Bid are named herein; that no other person has any interest in this Bid or in the Contract to which this Bid pertains; that this Bid is made without connection or arrangement with any other person; and that this Bid is in every respect fair and made in good faith, without collusion or fraud. The Bidder agrees if this Bid is accepted. to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the Bidder and the City of Miami Beach, Florida, for the performance of all requirements to which the Bid pertains. The Bidder states that this Bid is based upon the documents identified by the following number: Bid No. 5~/03. ... RE/ l'" L.." , .,:.::;0-."),. ,,(": .:--,. __~d 1) \;-\ \(.,,}~~L..J:'J )DE.:~.:'t.li.:..!.!.",,- PRINTED NAME SIGN 1/'\ , t IO--,(t~ ~....' f'-.,~ \- _~__~~__L~~------------------ TITLE (IF CORPORATION) BID NO: 60-02103 DA TE: 08/12/03 CITY OF MIAMI BEACH 36 00530. SUPPLEMENT TO BIDrrENDER FORM DRUG FREE WORKPLACE CERTIFICATION THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO BE DEEMED RESPONSIBLE. The undersigned Bidder hereby certified that it will provide a drug-free workplace program by: (1) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the offeror's workplace, and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establishing a continuing drug-free awareness program to inform its employees about: (i) The dangers of drug abuse in the workplace; (ii) The Bidder's policy of maintaining a drug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be irnposed upon employees for drug abuse violations occurring in the workplace; (3) Giving all employees engaged in performance of the Contract a copy of the statement required by subparagraph (1); (4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a condition of employment on a covered Contract, the employee shall: (i) Abide by the terrns of the statement; and (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than five (5) calendar days after such conviction; (5) Notifying the City in writing within ten (10) calendar days after receiving notice under subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; BID NO: 60-02103 DA TE: 08/12/03 CITY OF MIAMI BEACH 37 (6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (i) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; and (7) Making a good faith effort to maintain a drug-free workplace program through implernentation of subparagraphs(1) through (6). /' (Bidder Signature) ~~e%~~:)\-1:\(l\fZ- . ._, STATE OF Lk).{::.:.Ji..L._____ Nil t~/.J.. "0D- \ \ \ '\ G u.f'{-;\Yud"d) l,J Ir~' COUNTY OF}A l.tx.U=-_LLl:f:..- Itl~ . f9regoing instrume~t wa~. ackno"Yledge9bef;or~ me this i7-\-~"'" day of .:,-=':"~J1n~u:_. 20{L.:.i by - \n~~~~~r;i;;:h~~~-~~~r~~ being notarized)as J:_Je.l-'-'-:.~J:.2_j"\~--~-- (title) of fu.lli...~.LC~t~ \~ 'L~,&j_;~L[f (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. /. ,: ,~.. .()( -(Signature) . , ..' r _L~1[~11~1~~~1L~~ (Print N~me) My commission eXPires:__4;:Jn \/ J__ BII> NO: 60-02103 DA TE: 08/12/03 CITY OF MIAMI BEACH 38 00540. SUPPLEMENT TO BIDITENDER FORM TRENCH SAFETY ACT IF APPLICABLE, THIS FORM MUST BE SUBMITTED WITH BID FOR BID TO BE DEEMED RESPONSIVE. On October 1, 1990 House Bill 3181, known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR.S.1926.650, as Florida's own standards. The Bidder, by virtue of the signature below, affirms that the Bidder is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Bidder and subcontractors. The Bidder is also obligated to identify the anticipated method and cost of compliance with the applicable trench safety standards. BIDDER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT. THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS' INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK, The Bidder further identified the costs and methods summarized below: Description Unit Quantity Unit Price Price _5~..: t:D Extended Method _~rokm1___L__ _6ro~ ______ -------------- ------- --------- ------- ----- ---- ---------------- ------ ------ ----- ------- ---- ---------------- ----- ------- ----- ------- ----- ------------- ----- ----- ----- ----- Total $_5OCL'(S'...) BID NO: 60-02103 DA TE: 08/12103 CITY OF MIAMI BEACH 39 IN ORDER TO BE CONSIDERED RESPONSIVE, THE BIDDER MUST COMPLETE* THIS FORM. SIGN AND SUBMIT IT WITH ITS BID DOCUMENT. 1'.1 "'- . .) '1 ~Iitp,~ \-,k, dll" ') ({'['( 1- Lar ~' AuthOrize~nature of Bidder *COMPLETION REQUIRES FILLING IN THE APPROPRIATE DETAILS UNDER THE HEADINGS. I.e., DESCRIPTION. UNIT, QUANTITY PRICE. UNIT PRICE. EXTENDED, AND METHOD. BID NO: 60-02/03 DATE: 08/12/03 CITY OF MIAMI BEACH 40 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: 60-02103 DATE: 08112103 CITY OF MIAMI BEACH 41 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 MIAMI SKYLINE CONSTRUCTION CORP, hereinafter referred to as CONTRACTOR. WIT N E SSE T H, that CONTRACTOR and CITY, for the considerations hereinafter named, agree as follows: ARTICLE 1 SCOPE OF WORK CONTRACTOR hereby agrees to furnish all of the labor, materials, equipment services and incidentals necessary to perform all of the work described in the Contract Documents and related thereto for the Project. ARTICLE 2 CONTRACT TIME 2.1 CONTRACTOR shall be instructed to commence the Work by written instructions in the form of a Standing Order issued by the City's Procurement Director and a Notice to Proceed issued by the Contract Administrator. Two (2) Notices to Proceed will be issued for this Contract. CONTRACTOR shall commence scheduling activities, permit applications and other preconstruction work within five (5) calendar days after the Project Initiation Date, which shall be the same as the date of the first Notice to Proceed. The first Notice to Proceed and Purchase Order will not be issued until CONTRACTOR's submission to CITY of all required documents(including but limited to: Payment and Performance Bonds, and Insurance Certificate) and after execution of the Contract by both parties. 2.1.1. The receipt of all necessary permits by CONTRACTOR and acceptance of the full progress schedule in accordance with technical specifications section, submittal schedule and schedule of values is a condition precedent to the issuance of a second Notice to Proceed to mobilize on the Project site and commence with physical construction of the work. The CONTRACTOR shall submit all necessary documents required by this provision within twenty-one (21) calendar days of the issuance of the first Notice to Proceed. BID NO: 60-02103 CITY OF MIAMI BEACH DATE: 08/12/03 42 2.2 Time is of the essence throughout this Contract. The Work shall be substantially completed within seventy-five (75) calendar days from the issuance of the second Notice to Proceed, and completed and ready for final payment in accordance with Article 5 within thirty (30) calendar days from the date certified by CONSULTANT as the date of Substantial Completion. 2.3 Upon failure of CONTRACTOR to substantially complete the Contract within the specified period of time, plus approved time extensions, CONTRACTOR shall pay to CITY the sum of three-hundred dollars ($300.00) for each calendar day after the time specified in Section 2.2 above, plus any approved time extensions, for Substantial Completion. After Substantial Completion should CONTRACTOR fail to complete the remaining work within the time specified in Section 2.2 above, plus approved time extensions thereof, for completion and readiness for final payment, CONTRACTOR shall pay to CITY the sum of two hundred dollars ($200.00) for each calendar day after the time specified in Section 2.2 above, plus any approved extensions, for completion and readiness for final payment. These amounts are not penalties but are liquidated damages to CITY for its inability to obtain full beneficial occupancy and/or use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by CITY as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of CONTRACTOR to complete the Contract on time. The above-stated liquidated damages shall apply separately to each portion of the Project for which a time for completion is given. 2.4 CITY is authorized to deduct liquidated damages from monies due to CONTRACTOR for the Work under this Contract or as much thereof as CITY may, in its sole discretion, deem just and reasonable. 2.5 CONTRACTOR shall be responsible for reimbursing CITY, in addition to liquidated damages, for all costs incurred by CONSULTANT in administering the construction of the Project beyond the completion date specified above, plus approved time extensions. CONSULTANT construction administration costs shall be pursuant to the contract between CITY and CONSULTANT, a copy of which is available upon request of the Contract Administrator. All such costs shall be deducted from the monies due CONTRACTOR for performance of Work under this Contract by means of unilateral credit change orders issued by CITY as costs are incurred by CONSULTANT and agreed to by CITY. BID NO: 60-02/03 DATE: 08/12/03 CITY OF MIAMI BEACH 43 ARTICLE 3 THE CONTRACT SUM [] This is a Unit Price Contract:* 3.1 CITY shall pay to CONTRACTOR the amounts determined for the total number of each of the units of work completed at the unit price stated in the schedule of prices Bid. The number of units contained in this schedule is an estimate only, and final payment shall be made for the actual number of units incorporated in or made necessary by the Work covered by the Contract Documents. 3.2 Payment shall be made at the unit prices applicable to each integral part of the Work. These prices shall be full compensation for all costs, including overhead and profit, associated with completion of all the Work in full conformity with the requirements as stated or shown, or both, in the Contract Documents. The cost of any item of work not covered by a definite Contract unit price shall be included in the Contract unit price or lump sum price to which the item is most applicable. [X ] This is a Lump Sum C ontract:* 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 br 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: 60-02103 DATE: 08/12/03 CITY OF MIAMI BEACH 44 required by the Contract Documents and a release of liens and consent of surety relative to the work which is the subject of the Application. Each Application for Payment shall be submitted in quadruplicate to CONSULTANT for approval. CITY shall make payment to CONTRACTOR within thirty (30) days after approval by CONSULTANT of CONTRACTOR's Application for Payment and submission of an acceptable updated progress schedule. 4.2 Ten percent (10%) of all monies earned by CONTRACTOR shall be retained by CITY until Final Completion and acceptance by CITY in accordance with Article 5 hereof, except that after ninety percent (90%) of the Work has been completed, the Contract Administrator may reduce the retainage to five percent (5%) of all monies previously earned and all monies earned thereafter. Any reduction in retainage shall be in the sole discretion of the Contract Administrator, shall be recommended by CONSULTANT and CONTRACTOR shall have no entitlement to a reduction. Any interest earned on retainage shall accrue to the benefit of CITY. All requests for retainage reduction shall be in writing in a separate stand alone document. 4.3 CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: 4.3.1 Defective work not remedied. 4.3.2 Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR or CITY because of CONTRACTOR's performance. 4.3.3 Failure of CONTRACTOR to make payments properly to Subcontractors or for material or labor. 4.3.4 Damage to another contractor not remedied. 4.3.5 Liquidated damages and costs incurred by CONSULTANT for extended construction administration. 4.3.6 Failure of CONTRACTOR to provide any and all documerts 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: 60-02103 DATE: 08/12/03 CITY OF MIAMI BEACH 45 ARTICLE 5 ACCEPTANCE AND FINAL PAYMENT 5.1 Upon receipt of written notice from CONTRACTOR that the Work is ready for final inspection and acceptance, CONSULTANT shall, within ten (10) calendar days, make an inspection thereof. If CONSULTANT and Contract Administrator find the Work acceptable, the requisite documents have been submitted and the requirements of the Contract Documents fully satisfied, and all conditions of the permits and regulatory agencies have been met, a Final Certificate of Payment (Form 00926) shall be issued by CONSULTANT, over its signature, stating that the requirements of the Contract Documents have been performed and the Work is ready for acceptance under the terms and conditions thereof. 5.2 Before issuance of the Final Certificate for Payment, CONTRACTOR shall deliver to CONSULTANT a complete release of all liens arising out of this Contract, receipts in full in lieu thereof; an affidavit certifying that all suppliers and subcontractors have been paid in full and that all other indebtedness connected with the Work has been paid, and a consent of the surety to final payment; the final corrected as-built drawings; and the final bill of materials, if required, and invoice. 5.3 If, after the Work has been substantially completed, full completion thereof is materially delayed through no fault of CONTRACTOR, and CONSULTANT so certifies, CITY shall, upon certificate of CONSULTANT, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 5.4 Final payment shall be made only after the City Manager or his designee has reviewed a written evaluation of the performance of CONTRACTOR prepared by the Contract Administrator, and approved the final payment. The acceptance of final payment shall constitute a waiver of all claims by CONTRACTOR, except those previously made in strict accordance with the provisions of the General Conditions and identified by CONTRACTOR as unsettled at the time of the application for final payment. ARTICLE 6 MISCELLANEOUS 6.1 This Contract is part of, and incorporated in, the Contract Documents as defined herein. Accordingly, all of the documents incorporated by the Contract Documents shall govern this Project. BID NO: 60-02/03 DATE: 08/12/03 CITY OF MIAMI BEACH 46 6.2 Where there is a conflict between any provision set forth within the Contract Documents and a more stringent state or federal provision which is applicable to this Project, the more stringent state or federal provision shall prevail. 6.3 Public Entitv Crimes In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to the CITY, may not submit a Bid on a contract with the CITY for the construction or repair of a public building or public work, may not submit Bids on leases of real property to the CITY, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the CITY, and may not transact any business with the CITY in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the CITY purchase and may result in Contractor debarment. 6.4 Independent Contractor CONTRACTOR is an independent contractor under this Contract. Services provided by CONTRACTOR pursuant to this Contract shall be subject to the supervision of CONTRACTOR. In providing such services, neither CONTRACTOR nor its agents shall act as officers, employees, or agents of the CITY. This Contract shall not constitute or make the parties a partnership or joint venture. 6.5 Third Party Beneficiaries Neither CONTRACTOR nor CITY intend to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract. 6.6 Notices Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set BID NO: 60-02/03 DATE: 08/12103 CITY OF MIAMI BEACH 47 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: Miami Skyline Construction Corp. 705 NE 130th Stree North Miami Beach, Florida 33161 Attn: Claudio S. Rodriguez 6.7 Assianment and Performance Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, CONTRACTOR shall not subcontract any portion of the work required by this Contract except as authorized by Section 27 of the General Conditions. CONTRACTOR represents that all persons delivering the services required by this Contract have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Work and to provide and perform such services to CITY's satisfaction for the agreed compensation. CONTRACTOR shall perform its duties, obligations, and services under this Contract in a skillful and respectable manner. The quality of CONTRACTOR's performance and all interim and final product(s) provided to or on behalf of CITY shall be comparable to the best local and national standards. BID NO: 60-02/03 DATE: 08/12/03 CITY OF MIAMI BEACH 48 6.8 Materiality 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 Aoreements 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: 60-02/03 DATE: 08/12/03 CITY OF MIAMI BEACH 49 representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with Section 6.11 above. IN WITNESS WHEREOF, the parties year first above written. set their hands and seals the day and ~TEST~ rtu~ -- -------------- ity Clerk CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE CORPORATION OR NON CORPORATION FORMAT, AS APPLICABLE. [If incorporated sign below.] ATTEST/2:.- ~ ~~------- H~ary) By: CONTRACTOR li.U1.!nL~~neWj)..:iWLP . ~~fcorporation) - - -----~--------------- ( igg,$l.l re) ClQJLliD_Kqj.rif3ilg~~Pr~-t- (Print Name and Title) 3y_ day of _QckL~r__, 20Q~. (Corporate Seal) [If not incorporated sign below.] CONTRACTOR WITNESSES: (Name of Firm) By: (Signature) (Print Name and Title) ___ day of __________, 20___. CITY REQUIRES FIVE (5) FULLY-EXECUTED CONTRACTS, FOR DI~~E & FOR EXECUTION CITY OF MIAMI BEACH 50 BID NO: 60-02103 DATE: 08/12/03 1 \--)- Gf Date This is the front page of the performance/payment bond issued in compliance with Florida Statute Chapter 255.05 Surety Name: Bond Number: Contractor Name: Owner Name: Project Number: Carolina Casualty Insurance Company 2202 N. Westshore Blvd. #200 Tampa, FL 33607 813-639-7625 088088 Miami Skyline Construction Corp. 705 NE 130th Street Miami, FL 33138 305-754-2700 City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 305-673-7490 Bid No. 60-02/03 Project Description: . New Guardhouse at Palm Island Project Address: Palm Island, City of Miami Beach, Miami-Dade County, FL Legal Description of Property: New Guardhouse at Palm Island This is the front page of the bond. All other pages are subsequent regardless of the pre-printed numbers. 00710. FORM OF PERFORMANCE BOND Bond No. 088088 BY THIS BOND, We ti.~_~_Skyli~_Constructi...9..!!...Cor~_____, as Principal, hereinafter called CONTRACTOR, and Carolin~~~su~l!y~suranceJ~.Q-'!!Q.~, as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called CITY, in the amount of One Hundred El even Thousand ~~ Dollars ($l1.L.O..D..D~-DD) 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.: _.6.lb.02.LD3---, awarded the ___ day of , 20____, with CITY which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if CONTRACTOR: 1. Performs the Contract between CONTRACTOR and CITY for construction of New Guardho~...LEalHL1.sl.a.n.d-___________, the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Pays CITY all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings. that CITY sustains as a result of default by CONTRACTOR under the Contract; and BID NO: 60-02/03 DA TE: DS/Il/03 CITY OF MIAMI BEACH S2 FORM OF PERFORMANCE BOND (Continued) 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. Whenever CONTRACTOR shall be, and declared by CITY to be, in default under the Contract, CITY having performed CITY obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 3.1. Complete the Project in accordance with the terms and conditions of the Contract Documents; or 3.2. Obtain a Bid or Bids for completing the Project in accordance with the terms and conditions of the Contract Documents, and upon determination by Surety of the lowest responsible Bidder, or, if CITY elects, upon determination by CITY and Surety jointly of the lowest responsible Bidder, arrange for a contract between such Bidder and CITY, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by CITY to CONTRACTOR under the Contract and any amendments thereto, less the amount properly paid by CITY to CONTRACTOR. No right of action shall accrue on this bond to or for the use of any person or corporation other than CITY named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Signed and sealed this ____ day of _______________, 20___. BID NO: 60-02103 DATE: 08/12/03 CITY OF MIAMI BEACH 53 FORM OF PERFORMANCE BOND (Continued) WITNESSES: Miami Skyline Construction Corp. (Name of Corporation) Secretary By: (Signature) (CORPORATE SEAL) (Print Name and Title) INSURANCE COMPANY: Carolina Casualty Insurance Company ~e Agent and Attorney-in-Fact Mlchael A~. Holmes Address:2202 N. Westshore Blvd., (Street) Jam~ FL 33607: (City/State/Zip Code) By: Ste. 200 Telephone No.: 813.:~39-762~__ BID NO: 60-02/03 DATE: 08/12103 CITY OF MIAMI BEACH S4 00720. FORM OF PAYMENT BOND BY THIS BOND, We Mi ami Skyl i ne ~trlJr:ti nn ...Gn.r-P------, as Principal, hereinafter called CONTRACTOR, and Carolina CasualtY_lnsuran~-.GQlIJp.il~ Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called CITY, in the amount of One Hundr~~_il~~~n Thous~!!~_~nd ~XI!.Q.O Dollars ($.J:11.000.QQ_J 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.: 60-02/03 awarded the __ day of __________, 20__, with CITY which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if CONTRACTOR: 1. Pays CITY all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that CITY sustains because of default by CONTRACTOR under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor, materials and supplies used directly or indirectly by CONTRACTOR in the performance of the Contract; THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claimant, except a laborer, who is not in privity with CONTRACTOR and who has not received payment for its labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish to CONTRACTOR a notice that he intends to look to the bond for protection. BID NO: 60-02103 CITY OF MIAMI BEACH DATE: 08/12103 5S FORM OF PAYMENT BOND (Continued) 2.2. A claimant who is not in privity with CONTRACTOR and who has not received payment for its labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to CONTRACTOR and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. 2.3. No action for the labor, materials, or supplies may be instituted against CONTRACTOR or the Surety unless the notices stated under the preceding conditions (2.1) and (2.2) have been given. 2.4. Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect the Surety's obligation under this Bond. Signed and sealed this ____ day of ______________, 20_. CONTRACTOR ATTEST: Miami Skyline Construction Corp. (Name of Corporation) By: (Signature) (Secretary) --------------- (Corporate Seal) (Print Name and Title) ____ day of ________, 20__. BID NO: 60-02/03 DATE: 08/12/03 CITY OF MIAMI BEACH 56 / INSURANCE COMPANY: Carolina Casualty Insurance Company ~Y- ~~ ~ Agent and Attorney-in-Fact Mlchael A. Holmes Address: 2202 N. Westshore Blvd, (Street) _Ta~L.L~J9L_______ (City/State/Zip Code) Telephone No.: _813.=639-7623 _ BID NO: 60-02103 DATE: 08/12./03 CITY OF MIAMI BEACH 57 - Ste.200 00721. CERTIFICATE AS TO CORPORATE PRINCIPAL I, ______________________, certify that I am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that , who signed the Bond(s) on behalf of the Principal, was then ________ of said corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. (SEAL) Secretary (on behalf of) Corporation STATE OF FLORIDA ) ) SS COUNTY OF MIAM~DADE ) Before me, a Notary Public duly commissioned, qualified and acting personally, appeared to me well known, who being by me first duly sworn upon oath says that he/she has been authorized to execute the foregoing Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of CONTRACTOR named therein in favor of CITY. Subscribed and Sworn to before me this , 20____. day of My commission expires: --------....----------- Notary Public, State of Bonded by_____________ BID NO: 60-02103 DATE: 08/12103 CITY OF MIAMI BEACH 58 Endorsement I Berkley Regional Insurance Company Carolina Casualty Insurance Company NOTICE Surety Bond Disclosure Notice Of Terrorism Insurance Coverage Coverage for acts of terrorism, as defined in the Terrorism Risk Insurance Act of 2002 (the "Act"), is included in your surety bond. You should know that, effective November 26,' 2002, l3ny losses caused by certified acts of terrorism, as deftr:H;~Q,tjfi1t~ 1J\~~i;?v.yould be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutory established deductible paid by the surety company providing the coverage. The portion of your bond premium that is attributable to coverage for acts of terrorism, as defined in the Act is: ~O.OO. This Endorsement is to be attached to bond # 088088 and to become a part of the bond. c/o Monitor Surety Managers, Inc. 383 Main Street, Chatham, NJ 07928 " - .._-_.,----~.__. ... ---.-- - -,-----_.. -------------.....""'----- . . POWER OF ATTORNEY CAROLINA CASUALTY INSURANCE COMPANY JACKSONVILLE, FLORIDA No. 285 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: Michael A. Holmes or Gerald J. Arch or Shawn A. Burton or Michael A. Bonet or James F. Murphy of Brown & Brown, Inc. ofF!. Lauderdale, FL its true 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 providing that no single obligation shall exceed Fifteen Million and 00/100 Dollars ($15.000.000.00) 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 signed and attested by its appropriate officers and its corporate seal hereunto affixed this 13th day of March , 2003 . :";~ Betty utherland V ice President and Secretary CarOli?Ualty Insurance Company By: "' '^--'" ~ Armin W. Blumberg President and Chief Executive Officer WARNING: Tms POWER OF ATTORNEY INVALID IF NOT PRINTED ON GREEN "MONITOR" SECURITY PAPER. STATE OF FLORIDA) ss COUNTY OF DUVAL) On this 13th day of March 200~ before me personally came Bettv C. Sutherland to me known, who, being by me duly sworn, did depose and say: that she is Secretary of Carolina Casualty Insurance Company, the Corporation described in and which executed the above instrument; and that.1Dtshe 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 thaobtlshe signed hislher name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand ad affixed my official seal; the day and year herein first ab L ~ OF FLORIDA COMM NO. DD151613 CERTIFICATE MY COMMISgg!.'!g~f. SEPT 22 006 I, the undersigned, Secretary of CAROLINA CASUALTY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a just, true, correct and complete copy of original Power of Attorney; that the said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein, who executed the bond to which this Power of Attorney is attached, is in full force and effect as of this date. Given under my hand and the seal of the Company, this day of ~- I ,uv U~ o::.UCJ..... .1. t:.I . &+t:.I ...:ua;:> c.c:::.L c.c:::.1':::: .:II!!::> t:I~l t:I~l~ 1-'.l:l1/l:l~ ,..",-~. .-.... "'...., . II ."'.-.... V. I..._~."'.. I 1"'''U~I'''''a;;;. I 11{04{2003 PItOOUC~1:l (305)822-7800 FAX THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION COllinsworth, Alter, Fowler, Dowling I French ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 9315 ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. Miami Lakes, Fl 33014-9315 Sherl y Mi randa INSURERS AFFORDltfG COVERAGE HAlC. INGUREll INSUIlERA: Amerisure Mutual :rns Co Miami Skyline Construction Corp. INSURERB: Amerisure :rnsurance Co 09088 705 NE 130 Street INSUIliR c: North Miami, FL 33161 INSURER 0, ~. . INSUFlER E: THE POUCIE;S OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME;O ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHS'l'ANDlN ANY REQUIREMENT, TERM OR CONDmON OF N<< CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH ntlS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY ntE POLICIES DESCRIBED HEReiN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCE;D BY PAID ClAIMS. II~ ~~! 1"tI'E OF INSuMNCE I'OUCYN~ POUCY GFFEe'TIVI POUCY EXPIRATION uurr$ GENERAL LIAIlU.rN GL2008531l000000 03/23/2003 03/23/2004 EACH OCCU~E $ 1,OOO,00~ - COMIolEllCIAL GENERAl. LIA8ILITY DAMAGE TO RfHTED s 50,00<1 I CLAIMS MADE [!] OCCUR MEDExP\Al1y__1 . 5,00<1 A PERSOHAI-I ADlINJUIlY . 1.000 000 GENEIW. AGGREGAtt S 2,000,000 GEN'LAGGREGATE LIMIT APPLIES P~ PRODUCTS - COMPJOP ACiG S 2 000,0011 I POlICY n ~f8T n LOC ~IIll.E LIABILITY COMlllNED SINGLE LIMIT S /IN'( AUTO D (&a oocldont) I-- ~~ AU OWNED AUTOS I-- t7 BODILY INJURY . SCHIiDULED AUTOS w.r_l I-- HIRED AUTOS I-- [frjo 1 BODILY INJURY $ NONoOWNED AUTOS (Pwr aoddontl "'""" ~ 11 "'""" PROPERTY DAIIAGE S (Pwr_1fII) GAI:lAGE LIABlUlY AIJTO ONLY " EA ACCIDeNT S R ANY AUTO OTHER 1)tAN EAACC $ AUTO ONLY; AGG S EllCESSlUMBREU.A UABlUlY EACH OCCIJRIIIeNCE $ =:J OCCUR D CLAIMS MADe AGGAI!BA'I'e $ S =1 ~UCTIBLE $ I:lETENTION $ . WORKERS COMPliIlSAllON AND waOO853900 03/23/2003 03/23/2004 1~~l,li.';,1 IO.);!;l" EMPLOYERS' LIA8lLITY 10O,OOC B A~ PROPRIETORlPAIITNERIl!XECUTI\I! IU- EACH ACCIOENT $ OfFICERlMEMIlIiR EXa.UDED? E.L DISEASE - EA EMPLOYS S 100,OOC ~.d_"'ller ECIAl. PROVISIONS below E.L. DlSfASE . POLICY UNIT S 500,OOC OTHER lESCIIIP1ION OF OPERATIONS I LOCAllON$I VEHlCLQI El(l;I.UIION$ _ BY fN~EMENT I SPECIAL I'RO\I\SIONS e: Bid No. 60-02/03 New Guardhouse at Palm :rs an ity of Miami Beach is named as additional insured on the general liability insurance. City of Miami Beach 1700 Convention Center Dr. Miami Beach, FL 33139 SHD\JUI /IN'( llJI na; AIID\IE DESCIUBED I'OUCII!S BE CANCELLED IIEI'OIlE THE EXPlRAlION DATE 1HEIIIOF, nlE IISUINCi INSURER WILL ENllEAVOR TO IIAIL ~DAY$ WlQ1TEN N011Ce TO"PlIi CER'TII'ICATIi HOLDER IWI&IlTOllIE LIiFT, BUT FAILURE TO lUlL SUCIt ItIOnCE SlWJ..I.-.osE NO OlIUGAllON OR l.JABII.JTY 0' AH'f KIND UPON THE INSUIU!lt. AGENTS 0IIl1U!P ~TNES. AUI1lORIZEll RE_ENTA1IVE Bill Bodenhamer .CORD25(2001/0B) (\ \ \ r 1: ~n t--t::\r+i nc:..z R:l~: '2(::>&- V:r13-,851 @ACORD CORPORATION 1888 ->V..J oo::::.J. Ool::.J.'::: IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and condlUons of the policy, certain policies may require an endorsement. A statement on this certificate does not confef rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the iS$uing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or altef the coverage afforded by the policies listed thereon. r.IO~/t:Jo::::. ACORD 25 (2001/08) TOTAL P.11l2 'Nav-03-Z00~ 04:14pm From-LISA & STEVE ENFIELD H07 P 001/001 H70 9SN70-1Z88 CERTIFICATE OF INSURANCE ~UCH tNSURAHCI~ A5 RI!SPECTS THE INTEREST of THE CERTIFICATE HOLDER WILL NOT SE CANCELS> OR OTHERWISE rERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO TtiE CERTIFICATE HOlDeR NAMED Bf;lOw, BUT IN NO eVENT SHAI..LTHIS CERTIFICATE BE VALID MORe THAN 30 DAYS FROM THE DATE WRITTEN. THIS Cf.RllACATE OF INSURANCE DOES NOT CHAN(jE THE COVERAGE PROVIDED BY ANY POLICY DESCfUBED-~ELOW. This certifiellth&t: IllI STATE FARM MUTUAL AUTOMOBILE INSURANce COMPANY of Blollllling!Ol1.Il~noi.. or o STATE FARM FIRE AND CASUALTY COMPANY of Bloomillglon, 1_lnol. has coverage in force fOl tile folloWing Named Insured liS shawn below: Namecllnsuled MIAMI SI<YUNECONSTRUCTtON CORPORATION Addre$S of Named Insured 705 NE 130TH STREt:T NORTH MIAMI. Ft.. 33161-7520 POLICV NUMBSR EFFECTIVE DATE oj, POLICY .35-1119.Dos.SI ,.:05-03 TO 4-6.0~ f8264t2.El5059 5.15-03 TO 11.15-03 2003 DODGE RAM 1500 1D7HU18N53S125810 2002 FORD P150 P1CKU DESCRIPTION ()f' VIII: 1FTRFl1282NB28401 VEHICLE LIABILITY COVERAGE I8IYES UMfTS 01' UABILlTY .. Bodily I..;uty e.oh PelSDll a. Bodily InjIIry Each Accident b. Proper1t oam;,g4 Co Bodily Injury & Prop..,., Damll9Cl $1,ooo,oDo.OO SllllJle Limi' ElI:h Acciden' PHYSICAL D,o.MA.GE COVERAGES .. Ccmprellensl!'" b. CaMislon EMPLOyeR'S NOM-OWNERSHIP COVERAGE HIREO CAR $1,OCIO,lIGlLDO YES DNO ~ Deductible YES DNO _ OecIuc:1lble ONO NO Dves DNO "'GENT Title 2220 Agent's Code lIIumber Name and Addl"$ of Age'" 10/20103 Date' I I ADD'L INSO CI1Y Of MIAMI BEACH 17(10 CONVENTION CENTER OR (J L ~.--'~~'~;t;~ I I STEVEN N ENFIELD, STATE FARM I/IIS. 8040 PETERS ROAD STE. H-10B PLANTATION. FLORIDA 33324 PHONE (954) 370-2345 DADE (305) 945-2345 L Ch;;;h';;;;;;';;C;;b;di~-;;;;;t;-jj;;biii;~e is need8d;-.O-..-.-.-----.-.....-.--------.- Check If me Certificate Holder should be addell as an AddlIicl1IlllnsUfed: 181 Remarks: REo. BID NUMBER 60-02103 NSW GUARDHOUSE AT PALM ISLAND Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Miami Skyline Construction Corp. 705 NE 130 Street, Miami, FL 33138 as Principal, hereinafter called the Principal, and Carolina Casualty Insurance Company 2202 N. Westshore Blvd. #200, Tampa, FL 33607 a corporation duly organized under the laws of the State of Florida as Surety, hereinafter calIed the Surety, are held and firmly bound unto City of Miami Beach, 1700 Convention Center Drive, Miami Beach, FL 33139 as Obligee, hereinafter calI the Obligee, in the sum of Five Percent of Amount Bid (5%) for the payment of which sum welI and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severalIy, firmly by these presents. WHEREAS, the said Principal has submitted a bid for New Guardhouse at Palm Island, No. 60-02/03 NOW, THEREFORE, if the Obligee shalI accept the bid of the principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shalI pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be nulI and void, otherwise to remain in full force and effect. "~\D "j0 Signed and sealed September 19,2003. (Seal) ~~ Carolina Casualty Insurance Company ~ (LfJ ke Michael A. Holmes, Attorney-In-Fact and ---- Florida Resident Agent (Seal) Endorsement 1 Berkley Regional Insurance Company Carolina Casualty Insurance Company NOTICE Surety Bond Disclosure Notice Of Terrorism Insurance Coverage Coverage for acts of terrorism, as defined in the Terrorism Risk Insurance Act of 2002 (the "Act"), is included in your surety bond. You should know that, effective November 26, 2002, any losses caused by certified acts of terrorism, as defif"ledil1,!h~ A,yt;:would be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutory established deductible paid by the surety company providing the coverage. The portion of your bond premium that is attributable to coverage for acts of terrorism, as defined in the Act is: ,$0.00. This Endorsement is to be attached to bond # N/A (Bid Bond) and to become a part of the bond. CAROLINA CASUALTY INSURANCE COMPANY JACKSONVILLE, FLORIDA 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: Michael A. Holmes or Gerald J. Arch or Shawn A. Burton or Michael A. Bonet or James F. Murphy of Brown & Brown, Inc. of FI. Lauderdale, FL its true and lawful Agent and Allomey-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 providing that no single obligation shall exceed Fifteen Million and 00/100 Dollars ($15,000,000.00) 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 Allomey 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 Allorney authorizing and qualifying the Allomey-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 Allorney executed pursuant hereto". RESOLVED FURTHER, this Power of Allomey 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 Allomey revokes all previous powers issued in behalf of the Allorney-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 allomey 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 signed and allested by its appropriate officers and its corporate seal hereunto affixed this 13th day of March , 2003 . ::~~ Beuy utherland Vice President and Secretary CarOIi?Ualty Insurance Company By: .... '^--" ~ Armin W. Blumberg President and Chief Executive Officer WARNING: THIS POWER OF A TIORNEY INVALID IF NOT PRINTED ON GREEN "MONITOR" SECURITY PAPER. STA TE OF FLORIDA) ss COUNTY OF DUVAL) On this 13th day of March 200:3, before me personally came Bellv C. Sutherland to me known, who, being by me duly sworn, did depose and say: that she is Secretary of Carolina Casualty Insurance Company, the Corporation described in and which executed the above instrument; and that:lDtshe 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 thaotKlshe signed hislher name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand ad affixed my official seal; the day and year herein first ab L ~ OF FLORIDA COMMI NO. 00151613 CERTIFICATE MY CO':f.M.rr>~!9}.l.g~!':.sEI'T 22~ , the undersigned, Secretary of CAROLINA CASUALTY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a just, true, :orrect and complete copy of original Power of Allomey; that the said Power of AUomey has not been revoked or rescinded and that the authority of he Allorney-in-Fact set forth therein. who executed the bond to which this Power of Allomey is allached, is in full force and effect as of this date. Given under my hand and the seal of the Company, this 19th dayof September 19 ,2003 . /J-d1~~ .c( "'-1 ~ o ..J u. u. o UJ ~ t- en .,. III u, o o rt 1'1 t- o '" o .~ a ItJ en ~ H E I I'll .~ m~ l&l~ pW JI1 ~~l' Z:;>'; 01-1 HVI (II:;>'; "11.1 1.111 1..1. o,J. ~J: Pt~1 ~ 8f.' r'j III ....D (I)~ II}H ~:z; 0 H P uIH t:>l' JlJO ro.~ Of" III J-4~ F.O ~!U ~ rt. 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OW 1-0: Z a: -< o "', X..J :::1< <LL IDeo I-LL...LLo: 1IJ0gOUl "'WNW'" ffi~d~~ Ul-.......X - ::;"'!i:'lLO -I' t-UI <>-W<O Zl-1II00 O%"'WO ~8f5~ :::IW X 5i:::lO UOIlJ- u< 00 O~ WO ::E III.... ~ liii ::E :::1< ::E~ a: :::I lL ~ ~ iii :::Ia:a: OOW g UI3;.1 .. ~"l~~a:::: <:I O..J o OLL ,0 .~ . ::;U~ :e 3~~~~ :e....__2 o .. co I a- -Dill Ill,.. a.<:> N,.. 1'1 III <:> U ~ U "" ;t O~ 3 ;Z:oCt UJ Illl- :z: ~V! UJIll o::!l ..J )!( )!( )!( )!( 11. 0:: o U l- V! :z: 1-4 o 2: U...4 Z V!1-4 OUJ :II: F=:Z: 0 <1-4 "":c u -'.-4 ... 0>- 0:: -o~~UJa I U1V!ZZ ....2 1Il:!...IIl'" co-2:<:>-o 1Ilg:4,..... .... Ill'" '" '" ? 2: I') in ::> al V! 0:: UJ-D ~ 0:: a 3 0:: o I- U oCt I- :z: o U Cl j::I -' IQ 11. V! o::UJ 00:: cUll.. 0: < I-N ~ V!UJ 0: :Z:::J o oCl LL UH I- 0:: ... Oz UJOl-lI. :z:aV! o HO:: H 0-'" <:>:E: )0 en 1'1 oCt ~ ...H eno 2: HUJ ...!:lZ::C 2:::J I- oCt 4 III 0:: .......<:>0 ::EU"':Z: lI.. 0:: o U Iii Z o u -' CC W- 0:: Z W 1-4 Z ... I-W :>- Cl ~ I III "ii1Q ... ~~ li~!II~:il;;~5 ~ ~-o :~Eg; sti !ia 11:.... ~ ila!:l~o "'Ill!! !l!2: ~... 1l~~5g~i.~d~i ~ ~ 5~...... r.,.~~ o '" l!I~!i~jO~~.:i t!!"a:iS~;~~a". ..,JI ~:rsr:jti:U~Ajt~n! ... -0 ... I') I') - : - : N~ Olllo 000 UI NO'" IIIB '0" a ~~o 15 I~ ~ ~ g ~ ~ 000 III ~~ ~ lioO "'i~ E:!3 ... 1\1IAMI SKYLINE CONSTRUCTION CORP. ORGANIZATION CHART Claudio Rodriguez Project anager Daniel Rodriguez Superinlendent I \':In I)o\-'cda Foreman Edgar Vazquez Financial Controler Renato Rodriguez superrendent Ignacio Fernandez Foreman Maria Rodriguez Assistant Project Manager Purchasing Agent New Business Development ~ / ~Br<Bn Estimator Project Manager Adriel Pcnn I :slimalor Compuler ^nalyst Ma)'lin Mndrid Office Manager Personnel I Silvina Roddguez AdminiSlrative Assistant ~ CLAUDIO RODRIGUEZ PRESIDENT/OWNER OBJECTIVE: To continue to reach new heights within the Construction Industry, by committing professional service and quality Workmanship to all projects awarded. EDUCATION: 1991 Bachelor of Science in Finance from Baruch College, City Un,iversity of New York. 1987 Universidad de Buenos Aires. Undergraduate studies in Finance and Business Administration 1985 Universidad Catolica de Cuyo. Associate Degree in Business Administration PROFESSIONAL EXPERIENCE: 1993-2003 Miami Skyline Construction Corp. - Miami, Florida President/Owner/Qualifier - Relocated construction fIrm to Florida State Licensed General Contractor. Daily operation of construction fIrm. Project Manager - Attends meetings, prepares documents, oversees purchasing, labor force, quality control, safety practices and scheduling of projects. Liaison between Estimating Dept. and clients. Oversees all phases of construction projects. Construction experience in commercial and residential projects, in both the public and private sector. 1988-1993 Skyline Construction Corp. - New York City President/Owner. - Licensed New York State Contractor operated construction fIrm. Projects included both commercial and residential. 1982-1987 Rodriguez e Rijos. - San Juan, Argentina Family operated Construction Company. Foreman. - Responsibilities included overseeing large government projects awarded. - Planning, scheduling, ordering materials, and managing labor force. / EDUCATION: 1980 -1986 EXPERIENCE: 2001 - 2003 1995 - 2001 DANIEL RODRIGUEZ Universidad Catolica de Cuyo, Argentina Bachelor of Science in Finance Miami Skyline Construction Corp., Miami, Fl. Head Superintendent Project Coordinator Project Scheduling Site meetings with Sub contractors, owners and consultants Oversees labor force Act as a liason between contractor and owner Oversees Safety Practices Oversees Quality Control Responsible for bringing project to completion within the specified time and budget Miami Skyline Construction Corp., Miami, FL Estimator/Superintendent - Responsible for preparing cost analysis of projects. Coordinate and direct different construction activities. Review architectural drawings Present estimate reports for potential projects. 1984 - 1994 Rodriguez & Sons, San Juan, Argentina Estimator - Responsibilities included fmancial planning and cost management of large government projects awarded. - Prepare profit and loss statements for quarterly reviews. COMPLETED PROJECTS: North Miami Boardwalk Renovation City of North Miami, FL Palm Aire Park City of Fort Lauderdale, FL Key Investment Group - Residential Construct. Key Biscayne, FL Komatsu Latin America . Miami, FL Shell Gas Station Miami, FL Tropical Chevrolet Miami, Fl. . I ci1~o.~ ~ '..Ptl 0 3::~ ~ 3::~ 8 ~:::3:: ~ z-() ~ f!t;;i ~ o I'J-' ::l ~,~ i~ e:o ao-' S. w.~ t;'14o ~ lJQO ~ ~-a ~ go ~ n..... "tl'T1l:l:l ~ ~ ~~ i _. 3::z"" ~ g.~ ci1 ~ i~R . 0 . c ~ 'T1 0 ~.. z ~ t!le. 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U '8.d' r...:ibU NVJl1 .""'i-e l:Q ~~.~ ~~~ Q-,€ ~q!o <-Z bII .S I ... o .c: .. .5 t$ } o u a ~ ~c; t::: ,') :"': ~~ :::;: . oJ! ~ .: ~Q :..: ... r-l5...i ~...l::~ ~!'Z ~ ..... l::S'~ >-.Q:lo ~ii~ ~~~ ~:28 \.:)~c3 co c:l .- - u "tl ~ ~ .. o 'C: u .E r2 Q:; a Bi ~ ~ ~ u 0) h e ~ ~ ~~< 11 ...:l N~ ~~.~ ~~~ D'-..... ~o:::-' '< 0"- ~~~ g~~ .:'" !; ~ ...,nn t"" (') a g 8- n n o ::-: s: =' iill!'l n z-o o~C) e.~C) ~.... D'\O(') ~ rn ~ <: ~ "11. -'1\ t>1 i(')~ .!' e! a ....,~g, t"":!ln ~ :=: '< =' ~ ....,NC;) o VI:--i ::l vI:": VI"'-l ~~~ ~ 5, !:j "III'"' e-n(=) ~Ol~ " :r t'-< ....,p." t"'" ~ ~ i=) g n :]. o .., ~ :3 o Po g. 5' (~ '/ -, -:- C> -,,~.. ~~ ::. or... "~,~ .- M ..~ -" p' "z ~; (fJ ~~ ~ M;U toe S'C> = -I 0- ;;0 gz o /0 ~o n::tl 3"'0 ",' (j) ;A -< r - z nt 00/1):;/201)3 rRI 09: 57 rAX _.L._H_- M(AMI.DADE PARKS~ = MIAMI-DADE COUNTY, FLORIDA PARK & RECREATION DEPARTMENT PROJECT MANAGEMENT DIVISION 275 N. W. 2nd Sl. ~'" Floor, Miami. Florida 33128 TELEPHONE~ (305) 755.7921 I FAX: (305) 755-7995 September 5, 2003 To whom it may concern: MIAMI SKYLINE CONSTRUCTION CORP. was the general contractor for the Tropical Park Field House, Press-box Elevator and Ticket Building, Miami Skyline Construction Corp. worked with us to develop and design excellent solutions to several difficult decisions. Miami Skyline Construction Corp. were courteous, conscientious, and customer responsive (always responsive to our request). The quality of work met our expectations. Most importantly, the job was completed as per contract requirements in spite of multiple constraints that affected the construction process, thus allowing the Park & Recreation Department to host a much coveted event (National Junior Olympics) in the delivered facilities. If you have any questions or need additional information, please feel free to contact me at (305) 755- 7921. ..----. Pro anager Project Management Division Xc: Joel Arango, Construction Section Head C Pfil'\lld Of" "-crCl6d Paper tf]' rl IU 1 OJ lUQl1II F. ",..'.A. Law OffIces 328 Cranclon Blvd., Suite 226 Key Biscayne, Florida 33149 Telephone (305) 365-0902 Facsimile (305) 365-9160 E-mail liZ@calvopa.COm September 5, 2003 Re: Recommendation letter for Miami Skyline Construction To Whom it May Concern. Miami Skyline Construction has worked on a variety of projects for us. We have been very pleased with their work and their consistency on every project. we highly recommend them for your construction lIeed~. Miami Skyline Construction has always completed tbe projects according to schedule and within tbe specified budget. Their professionalism makes it 8 pleasure (0 work willI. and we hope to continue working with them for all Ollr construction needs in the future. If you have any questions please do not hesitate to contact me at the above number. Z;'~J Li~th F. Calvo r AU ~~ & ASSOCIATES, P.^. ';\J4ll ~.\'(/. 7' ~tr,.~" . :-::lIiu: 2('1 ~:""l1h ~''';Hn' . ""lil..t. llJ4} ( 11''') {, (, I . 7 h "i 4 I.\X ('051I-.hl .~'tlK 5 Scplember 2003 To: Pre-qualification Rc\;ew Committee Miami Dade County Public Schools RE: Miami Skyline Construction Company, Inc This letter is provided to addrcss the character and capabilities of the firm mentioned above, with regard to their Construction and Administrative Compelence. For the pasl year and a half. illY fiml has \:onducted Construction .A.dmini~tratio'l Services on a large Dade County Park Contract in which This riml is the General Contractor. The firm has demonstrated a keen degree of knowledge and competence in plOducing the work involved in the project. .'\s owner of this finn, J am pleased to recommend this r1ml for future work with Miami Dade Counly as well as Miami Dade County Public Schools I reel they will perfonn in a manner that will satisfY the School Districts' standards Should you have ful1her questions, you may contact me at the above address and number. Jimmie .'\1I\:n, RA ^I chitect President/CEO Lt' hk -'''- _._--- _..- -.... -.-. -- -------- .- ...._---_....~_.~- A,,'hilt" rllrt~ . Urban D...~ign . Plilnning AIt.'-'H'Il /r-' /' MIAMI SKYLINE CONSTRUCTION CORP. FINANCIAL STATEMENTS DECEMBER 31, 2002 Feder-/eo GOllzalez, C.P.A. Miam/, Fl. 33165 7'~>-~ ,..' . .'. MIAMI SKYLINE CONSTRUCTION CORP. / TABLE OF CONTENTS Independent Accountant's Review Report Financial Statements: Balance Sheet Income Statement Statement of Retained Earnings Statement of Cash Flows Notes to the Financial Statements Supplementary Information: Schedule of Earnings from Contracts Schedule of Contracts Completed Schedule of Contracts in Progress General and Administrative Expenses I' / ..7 / MIAMI SKYLINE CONSTRUCTION CORP. BALANCE SHEET December 31, 2002 (Read accountant's review report) Assets Current Assets Cash Contracts receivable Costs and estimated earnings In exceSS of billings on uncompleted contracts DepositS on jobs ' Total current assets $ Property, plant & equipment.; net Other assets Loan receivable stockholder Deposits 189,098 732,325 208,271 77,350 1,207,044 89,109 22,460 1,578 $ 1,320,191 Liabilities and Stockholders' Equity Current Liabilities Accounts payable Currenllllaturities of long -term debt Accrued expenses Billings ill excess of costs and estimated ealllings on uncompleted contracts Tolal current liabilities $ Long - term debt Loan payable - Stockholder stockholders' Equity Common stock. $1 par value; 100 shares authorized, issued and outstanding nelailled earnings I alai Stockholders' Equity 665,734 8,501 6,316 113,724 794,275 21,580 100,000 i .100 I 404,2:'6 I 404,336 I ! 1,320,191 $ ___..:~~ ~,",IM ~rp ::In inlearal Dart of these statements. ..&I~![.~'~!_L:-."" , . / FedericO Gonzalez, C.p.A. Cettified Public Accountant 1701 S.w. 98 Ave. Miami, Florida 33165 Tel. (305) 206-4245 "INDEPENDENT ACCOUNTANTS REVIEW REPORT" To the stockholders Miami Skyline Construction Corp. Miami, Florida I have reviewed the accompanying balance sheel of Miami Skyline ConstnJC\lon Corp. as of December 31. 2002 and the ralaled income statement and relained .amings, and cash flows for the year ended, in accordance wllh Slatements on Slandards for Accounling end Review Services issued by Ihe American Inslitule of Certified pubiic Accounlanls. All informalion included In these financial slatements is Ihe representation of the managemenl of Miami Skyiine Cons\nJction Corp. A review consists principallY of inquires of company personnel and analylical procedures eppiied 10 financial da.a. II ils subslanlially less in scope Ihan e,a",ination in accordance wilh generallY accepled audiling slandards, Ihe obieclive of which is the expression of an opinion regarding the financial slalemen's as a whole. Accordingly, we do nolexpress such an opinion. aased on my review, I am nol aware of any maierial modifications Ihal should be "'ade '0 lhe accompanying financial slalements in order for them 10 be in conformily wilh accounting principles generally accepted. My ,eview was made for the purpose of expressing limiled assurance Ihetthere are no ",aterial modifications thai should be made 10 the financial slatemenls in order lor Ihe'" 10 be in conformily with accounting principles generallY accepted. 'The ;"Ior",ation conlained on Ihe schedules is presenled only for Ihe supplemenlary analysis purposes. Such Informaiion has been subjecled to the same inquiry and analylical procedures appiied in the review of the basic financial slalements and I a'" no' a:,are of any malerial modiiications Ihal should be made to il. / ".;j~~" dyl.' , , /. ^pril 30. 200 . Mi:::lIni Florida ~~..r,.___" MIAMI SKYLINE CONSTRUCTION CORP. STATEMENT OF RETAINED EARNINGS F or the year ended December 31, 2002 (Read accountant's review report) I 1 ~~ , - - -.-..-.."...-......"'" ,/c' ."-""'-" '/ ~"'..J[7.,.):"....".. MIAMI SKYLINE CONSTRUCTION CORP. INCOME STATEMENT For the year ended December 31, 2002 (Read accountant's review report) Contracts revenues earned $ 3,346,092 Cost of revenues earned 2,825,004 Gross Profit 521,088 General and AdmInistrative expenses 278,225 Net Income $ 242,863 7-- }:/ ,/" I I ! \.lL~! ~ . .~. ".- . MIAMI SKYLINE CONSTRUCTION CORP. STATEMENT OF CASH FLOWS For the year ended December 31, 2002 (READ ACCOUNTANT'S REVIEW REPORT) Cash flows from operating activities Net Income ' . Adjustments to reconcile net income to cash provided by operating activities: Depreciation' ,. .~,' $ . 9,837 Changes in assets and liabilities: . Increase In contracts receivable (605,224) Increase in costs and estimated earnings in excess of billings on uncompleted con (164,488) Increase in deposits on jobs (77,350) Increase in other assets (578) Increase in accounts payable 616,744 Increase in accrued expenses 3,236 Increase in billings in excess of costs an estimated earnings on uncompleted contracts 99,113 Cash flows provided by operating activities C,lsl, flows L1sed in investments activities Purcl1ase of transportation equipment (;;]511 flows from (used in) financing activities Proceeds from notes payable Hepayments of notes payable Distributions to stockholders 35,200 (5,119) (34,000) 1101 iller ease in casl1 ':;]sl, [lllIle beginning of 1I1e year l::1sll al II Ie end of tile year _S.l!l 'plelll'Jlllar y disclusure of cash flow inforlllation I::1SI1 p:1id for interest $ 242.863 (118,710) 124,153 (48,"118) (3,919) 72,116 116,ae2 ------- $189,096 $ 540 Ille accompanying notes are an integral part of these statements. ,/ ~. --' MIAMI SKYLINE CONSTRUCTION CORP. NOTES TO THE FINANCIAL STATEMENTS As of and for the year ended December 31, 2002 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES General The Company was incorporated under the laws of the State of Florida on June 1, 1995. The Company is working as a general contractor. The work Is normally performed under fixed-price contracts. AI projects are located' In the South Florida area. Use of Estimates Management uses estimates and assumptions in preparing these finandal statements in accordance with generally accepted accounting principles. Those estimates and assumptions affect the reported amounts of assets and liabilities and the reported revenues and expenses. Actual results could vary from the eslimales thaI were used. Hevr?lluc rllld cost recognition Umfraet revenue 'IS recognized uSing me percentage-ot-completlon Illeltlod, I Jllder IIlis melllod, the percentage of contract revenue to be recognized currenlly i~ cOlllpuled as Illal percenlage or eslimaled lolal revenue thaI incurred costs to d,lle bear 10 lolal estimales cosls, after giving effect 10 Ihe mosl recent estimales of costs to complete, It is reasonably possible Ihat changes ill estimates n18Y occur in IlIe near lerm. Revisions in cost and revenue estimates are reflected ill lI,p pel iod in which tile facls which require Ihe revision become known. Wilen Ihe 10vised cosl estimales indicate a loss on an individual contracl, the tolal 0slilllClled loss is provided for currenlly in its entirety without regard to the !!,,'I cp.IIlage-or -completion. I;, JIIII;lcl cosls include all direcl malerial and labor and Ihose indirec~ cosls , n/:Jlnd 10 contracl performance, SUcll as indirecl labor, supplies. equipment I nlll~JI repair sand subcontraclor cost. Selling, general, and administrative I" I l(lll<;f>~ (]I e cI J<ll ged \0 opera lions as incurred, "I" ~1',r;()1. "cosls am! estimated earnings in excess or billings or billings on 11110 '" II "eled contracts", represenls revenues recognized in excess or the :1111( Jllllls billed Tile liabilily, "billings in excess or costs and estimated earnings 'III IlIlCfJlllpleled conlracts", represents billings in excess of revenues recognized. // /~>" ".// .f/.c /, ' MIAMI SKYLINE CONSTRUCTION CORP. NOTES TO THE FINANCIAL STATEMENTS As of and for the year ended December 31, 2002 Depreciation Depreciation is provided for on the straight-line method over the estimated useful lives of the assets. Income Taxes The Company has elected to be taxed as an S corporation under the provisions or lhe Internal revenue Code and state laws. Under these provisions, the Company does nol pay federal or slate corpora Ie income taxes on their respective shares or the Company's income or loss. ........ # y~ J/ / MIAMI SKYLINE CONSTRUCTION CORP. NOTES TO THE FINANCIAL STATEMENTS As of and for the year ended December 31, 2002 NOTE 5 - BACKLOG The following is a reconciliation of backlog representing signed contracts in existence at December 31,202. Balance, January 1, 2002 $ 528,219 New contracts and adjustments 4,235,572 4,763,791 Less: Contract revenues earned 3,346,092 Balance, December 31,2002 $ 1,417,699 NOTE 6 - NOTE PA YABLE CRED/T LINE Ille Company has a credit line with a bank for $200,000. As of December 31,2002 no outstanding balance as of December 31,2002. i 'j ;/ MIAMI SKYLINE CONSTRUCTION CORP. Earnings From Contracts December 31, 2002 (Read accountant's review report) For the year ended December 31,2002 12/31/2001 Cost of Revenues Revenues Gross Gross Earned Earned Profit Profit Contracts completed during the year $ 335,757 $ 241,403 $ 94,354 $ 57,325 CQnlracls in progress at Il1e end of Il1e year 3,010,335 2,583,601 426,734 6,291 $ 3,346,092 $ 2,825,004 $ 521 ,008 $ 63,616 J1""""'" ':0:_:>___.,:''''. .' p/ /'/ II. It: I) 'I ;. I) i' U ..1 fl ,. V) ~ Q; l) :'! u II U E IU ~ GJ ;;: C ~ _ i /~ f I :c I', .' " - .' t:: <) " e' N ~ 1Il_ Ill&;::: o 0 <90: ~ a ri co ... co M M '" eo ~ ,.: a .... ... ri N ... on (0' -i '" .... eo r- ri N ~ N a ri ~ M ~ E '" M o i " C II : >- II li l; LL ... '" .... on CO N CO OJ M "",. .... .... OJ OJ c;j ll> M a "': .... ct ll> ... .... M a OJ an- M OJ .... r- eo N r- III - OJ o ::J _ c: III OJ o ~ Uo:: ... lit a co ll> ... eo OJ c;j ,.: .... .... .... a ... ot r- .... ll> .... on M M co a .... co .... .... a:j ~a. 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N '" ... ., 1'1 .,; .. .. ... in fD ., .. o ,., .,; !'! .. N o '., ~ III ., ., ri .., fD fD '" .. .,; ., ~ ., .i N III OJ r> co ... 00 :;'{ .- ,,; r> N l"l fD N .,; ,~ ., o OJ !'! l"l ... ., o~ III ., ::J '" 1,; lK .. on l"l OJ ., "! N OJ ... ., ., .... fD l"l fD ., .; III ., 5l ... ...: q ... fD N I': .., " fD q in '" .. '1 N OJ ... ., .,; ., ~ ... '" o .,; o N o N N ..; ... ... .., " on ... ... .., ., ... III 51 ,,; N ., '1 :: ~ lli is OJ ;;; I I I I Ij ... Wi r> vi .., ... ., ,. 1- .., 0' .... .n o ., .., ... III N o .; l"l ... '" I' l8 ri N ... ,- 0" llJ 0' .~ '" 1- "' ..; N OJ c' 0" ... ... o ., '" " 0 8 8 0 8 0 0 0 " " - 0 0 ., u; '" n " '" ,,, ,,~ .., r! .. <, U g 0 u ." I- f'; ., ., ... .i a ti .. ~ ., ~ ., .... r> l? .. II' E ... '" ~, ., u 0 III III '" fD Vl ., ., ;; .. ., .. ., '" ,- r> u' " ,- ,. OJ ., V, rI U. ;; :> ,.: .. ,.; .,; N ,.: vi 0' .. e " .. .. .. I. I- S! ~ ., i; l'l o~ .. .. 'e ...: .. I '" '" I .. l; .. ~ c " .. N " S J: U " c: " " ;; " ii .. .. > ;; ri c " ii: U " Ii c " u n " " -, e OJ IL n 'U ~ ~ r. .. a. .~ .. in .. ii .. u " .. E 2 E f! I; ..( ii ,r ., u ~ .. / / I I . I I ".. MIAMI SKYLINE CONSTRUCTION CORP. GENERAL AND ADMINISTRATIVE EXPENSES For the year ended December 31, 2002 (Read accountant's review report) Accounting & legal Advertising expenses Auto & truck expenses Salaries - Officers Salaries - Admlnislratlon Depreciallon expense Miscellaneous expense Insurance expense licenses and taxes Office expense Payroll taxes expenses Rent expense Telephone expense Travel & enlertainment Utilities expense Total $ $ 9,052 20,019 27,736 22,400 114,829 787 1,336 18,932 6,788 16,181 13,722 4,315 13,074 5,323 3,731 278,225 00708. FORM CERTIFICATE OF INSURANCE A form Certificate of Insurance will be attached here. BID NO: 60-02/03 DATE: 08112/03 CITY OF MIAMI BEACH 51 00710. FORM OF PERFORMANCE BOND BY THIS BOND, We _________________________, as Principal, hereinafter called CONTRACTOR, and __________________________, as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called CITY, in the amount of Dollars ($________) for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has by written agreement entered into a Contract, Bid/Contract No.: ____________, awarded the ______ day of ________________, 20__, with CITY which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if CONTRACTOR: 1. Performs the Contract between CONTRACTOR and CITY for construction of ________________________________, the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Pays CITY all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that CITY sustains as a result of default by CONTRACTOR under the Contract; and BID NO: 60-02/03 DATE: 08/12/03 CITY OF MIAMI BEACH 52 FORM OF PERFORMANCE BOND (Continued) 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. Whenever CONTRACTOR shall be, and declared by CITY to be, in default under the Contract, CITY having performed CITY obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 3.1. Complete the Project in accordance with the terms and conditions of the Contract Documents; or 3.2. Obtain a Bid or Bids for completing the Project in accordance with the terms and conditions of the Contract Documents, and upon determination by Surety of the lowest responsible Bidder, or, if CITY elects, upon determination by CITY and Surety jointly of the lowest responsible Bidder, arrange for a contract between such Bidder and CITY, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by CITY to CONTRACTOR under the Contract and any amendments thereto, less the amount properly paid by CITY to CONTRACTOR. No right of action shall accrue on this bond to or for the use of any person or corporation other than CITY named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Signed and sealed this _____ day of _________________, 20____. BID NO: 60-02/03 DA TE: 08/12/03 CITY OF MIAMI BEACH S3 FORM OF PERFORMANCE BOND (Continued) WITNESSES: ---------------- (Name of Corporation) ------------------------- Secretary By: ------------------------- (Signature) (CORPORATE SEAL) ------------------------- (Print Name and Title) IN THE PRESENCE OF: INSURANCE COMPANY: ------------------------- By: ------------------------ ------------------------- Agent and Attorney-in-Fact Address: ------------------------- (Street) ----------------------- (City/State/Zip Code) Telephone No.: _____________ BID NO: 60-02/03 DATE: 08/12/03 CITY OF MIAMI BEACH S4 00720. FORM OF PAYMENT BOND BY THIS BOND, We , as Principal, hereinafter called CONTRACTOR, and ___________________________, as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called CITY, in the amount of ______________________ Dollars ($___________) for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has by written agreement entered into a Contract, Bid/Contract No.: ________, awarded the day of ____________, 20__, with CITY which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if CONTRACTOR: 1. Pays CITY all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that CITY sustains because of default by CONTRACTOR under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor, materials and supplies used directly or indirectly by CONTRACTOR in the performance of the Contract; THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claimant, except a laborer, who is not in privity with CONTRACTOR and who has not received payment for its labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish to CONTRACTOR a notice that he intends to look to the bond for protection. BID NO: 60-02/03 CITY OF MIAMI BEACH DATE: 08/12103 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 ____________________, 20___. CONTRACTOR ATTEST: (Name of Corporation) By: (Secretary) (Signature) (Corporate Seal) (Print Name and Title) ___ day of ___________, 20____. BID NO: 60-02103 DATE: 08/12103 CITY OF MIAMI BEACH S6 IN THE PRESENCE OF: INSURANCE COMPANY: By: Agent and Attorney-in-Fact Address: (Street) (City/State/Zip Code) Telephone No.: __________ BID NO: 60-02/03 DATE: 08/12/03 CITY OF MIAMI BEACH 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. (SEAL) Secretary (on behalf of) Corporation STATE OF FLORIDA ) ) SS COUNTY OF MIAMI-DADE ) Before me, a Notary Public duly commissioned, qualified and acting personally, appeared __________________________ to me well known, who being by me first duly sworn upon oath says that he/she has been authorized to execute the foregoing Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of CONTRACTOR named therein in favor of CITY. Subscribed and Sworn to _________________,20____. before me this day of My commission expires: -------------------------------- Notary Public, State of Bonded by__________________ BID NO: 60-02/03 DATE: 08/12/03 CITY OF MIAMI BEACH 58 00735. PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT: Date of Issue Issuing Bank's No. _____________ Beneficiarv: Applicant: City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Amount: in United States Funds Expiry: (Date) Bid/Contract Number We hereby authorize you to draw on _____________________________ (Bank, Issuer name) at_________________________________________________byorder (branch address) of and for the account of (contractor, applicant, customer) up to an aggregate amount, in United States Funds, of ________________ available by your drafts at sight, accompanied by: 1. A signed statement from the City Manager or his authorized designee, that the drawing is due to default in performance of certain obligations on the part _______________ (contractor, applicant, customer) agreed upon by and between the City of Miami Beach, Florida and ___ (contractor), pursuant to the ______________ (applicant, customer) Bid/Contract No. ____ for ______________ (name of project) and Section 255.05, Florida Statutes. Drafts must be drawn and negotiated not later than ________________. (expiration date) BID NO: 60-02/03 DATE: 08/12103 CITY OF MIAMI BEACH 59 Drafts must bear the clause: "Drawn under Letter of Credit No.__________ (Number), of ____________________ (Bank name) dated ____________. This Letter of Credit shall be renewed for successive periods of one (1) year each unless we provide the City of Miami Beach with written notice of our intent to terminate the credit herein extended, which notice must be provided at least thirty (30) days prior to the expiration date of the original term hereof or any renewed one (1) year term. Notification to the CITY that this Letter of Credit will expire prior to performance of the contractor's obligations will be deemed a default. This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not in any way be modified, or amplified by reference to any documents, instrument, or agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this credit that such drafts will be duly honored upon presentation to the drawee. Obligations under this Letter of Credit shall be released one (1) year after the Final Completion of the Project by the ___________________________________. (contractor, applicant, customer) This Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law. If a conflict between the Uniform Customs ard 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: 60-02103 DATE: 08/12/03 CITY OF MIAMI BEACH 60 00800. GENERAL CONDITIONS: 1. Proiect Manuat 1.1. The Project Manual includes any general or special Contract conditions or specifications attached hereto. 1.2. The Project Manual, along with all documents that make up and constitute the Contract Documents, shall be followed in strict accordance as to work, performance, material, and dimensions except when CONSULTANT may authorize, in writing, an exception. 1.3. Dimensions given in figures are to hold preference over scaled measurements from the drawings; however, all discrepancies shall be resolved by CONSULTANT. CONTRACTOR shall not proceed when in doubt as to any dimension or measurement, but shall seek clarification from CONSULTANT. 1.4. CONTRACTOR shall be furnished three (3) copies, free of charge, of the Project Manual; two of which shall be preserved and always kept accessible to CONSULTANT and CONSULTANT's authorized representatives. Additional copies of the Project Manual may be obtained from CITY at the cost of reproduction. 2. Intention of CITY: It is the intent of CITY to describe in the Contract Documents a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents and in accordance with all codes and regulations governing construction of the Project. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied by CONTRACTOR whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals, or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of opening of Bids and CONTRACTOR shall comply therewith. CITY shall have no duties other than those duties and obligations expressly set forth within the Contract Documents. BID NO: 60-02/03 DATE: 08/12103 CITY OF MIAMI BEACH 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 [X] Computerized CPM (CPM shall be interpreted to be generally as outlined in the Association of General Contractors (AGC) publication, "The Use of CPM in Construction. ") The progress schedule shall indicate the start and completion dates of the various stages of the Work and shall show an activity network for the planning and execution of the Work. Included with the progress schedule shall be a narrative description of the progress schedule. The progress schedule must be updated monthly by CONTRACTOR, submitted as part of each Application for Payment and shall be acceptable to CONSULTANT. 3.1.2. A preliminary schedule of Shop Drawing submissions; and 3.1.3. In a lump sum contract or in a contract which includes lump sum Bid items of Work, a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of work which will be confirmed in writing by CONTRACTOR at the time of submission. [ ] Such prices shall be broken down to show labor, equipment, materials and overhead and profit. 3.1.4. After award but prior to the submission of the progress schedule, CONSULTANT, Contract Administrator and CONTRACTOR shall meet with all utility owners and secure from them a schedule of BID NO: 60-02103 CITY OF MIAMI BEACH DATE: 08/12/03 62 utility relocation, provided, however, neither CONSULTANT nor CITY shall be responsible for the nonperformance by the utility owners. 3.2. At a time ~ecified by CONSULTANT but before CONTRACTOR starts the work at the Project site, a conference attended by CONTRACTOR, CONSULTANT and others as deemed appropriate by Contract Administrator, will be held to discuss the schedules referred to in Section 3.1, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. 3.3. Within thirty-five (35) days from the Project Initiation Date set forth in the Notice to Proceed, a conference attended by CONTRACTOR, CONSULTANT and others, as appropriate, will be held to finalize the schedules submitted in accordance with Section 3.1. Within forty-five (45) days after the Project Initiation Date set forth in the Notice to Proceed, the CONTRACTOR shall revise the original schedule submittal to address all review comments from the CPM review conference and resubmit for CONSULTANT review. The finalized progress schedule will be accepted by CONSULTANT only as providing an orderly progression of the Work to completion within the Contract Time, but such acceptance shall not constitute acceptance by CITY or CONSULTANT of the means or methods of construction or of the sequencing or scheduling of the Work, and such acceptance will neither impose on CONSULTANT or CITY responsibility for the progress or scheduling of the Work nor relieve CONTRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions must be acceptable to CONSULTANT as providing a workable arrangement for processing the submissions. The finalized schedule of values pursuant to Section 3.1.3 above must be acceptable to CONSULTANT as to form and substance. 4. Performance Bond and Payment Bond: Within fifteen (15) calendar days of being notified of the award, CONTRACTOR shall furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached hereto as forms 00710 and 00720. BID NO: 60-02103 DA TE: 08/12/03 CITY OF MIAMI BEACH 63 4.1. Each Bond shall be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to CITY the rompletion 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 cr 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: 60-02103 CITY OF MIAMI BEACH DATE: 08/12/03 64 company shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the surety company shall provide CITY with evidence satisfactory to CITY, that such excess risk has been protected in an acceptable manner. 5.1.3. The CITY will accept a surety bond from a company with a rating of B+ or better for bonds up to $2 million, provided, however, that if any surety company appears on the watch list that is published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the CITY shall review and either accept or reject the surety company based on the financial information available to the CITY. A surety company that is rejected by the CITY may be substituted by the Bidder or proposer with a surety company acceptable to the CITY, only if the Bid amount does not increase. The following sets forth, in general, the acceptable parameters for bonds: Policy- Financial holder's Size Amount of Bond Ratinas Cateaorv 500,001 to 1,000,000 B+ Class I 1,000,001 to 2,000,000 B+ Class II 2,000,001 to 5,000,000 A Class III 5,000,001 to 10,000,000 A Class IV 10,000,001 to 25,000,000 A Class V 25,000,001 to 50,000,000 A Class VI 50,000,001 or more A Class VII 5.2. For projects of $500,000.00 or less, CITY may accept a Bid Bond, Performance Bond and Payment Bond from a surety company which has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to Bid is issued, if the surety company is otherwise in compliance with the provisions of the Florida Insurance Code, and if the surety company holds a currently valid certificate of authority issued by the United States Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States Code, as may be amended from time to time. The Certificate and Affidavit so certifying (Form 00722) should be submitted with the Bid Bond and also with the Performance Bond and Payment Bond. BID NO: 60-02103 DA TE: 08/12/03 CITY OF MIAMI BEACH 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. 6. Indemnification: 6.1 CONTRACTOR shall indemnify and hold harmless CITY, its officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of CONTRACTOR and persons employed or utilized by CONTRACTOR in the performance of this Agreement. Except as specifically provided herein, this Agreement does not require CONTRACTOR to indemnify CITY, its employees, officers, directors, or agents from any liability, damage, loss, claim, action, or proceeding. These indemnifications shall survive the term of this Agreement. In the event that any action or proceeding is brought against CITY by reason of any such claim or demand, CONTRACTOR shall, upon written notice from CITY, resist and defend such action or proceeding by counsel satisfactory to CITY. The parties agree that the specific consideration for this indemnification is given pursuant to section 00407 of the Contract Documents. 6.2 The indemnification provided above shall obligate CONTRACTOR to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at CITY's option, any and all claims of liability and all suits and actions of every name and description covered by Section 6.1 above which may be brought against CITY whether performed by CONTRACTOR, or persons employed or utilized by CONTRACTOR. 7. Insurance 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: 60-02103 CITY OF MIAMI BEACH DATE: 08/12/03 66 7.1.1.1. Employers' Liability with a limit of Oh~ MillioriDdllars ($c1.000,00~.00) Dollars ($) each accident. 7.1.1.2. If any operations are to be undertaken on or about navigable waters, coverage must be included for the U.S. Longshoremen & Harbor Workers Act and Jones Act. 7.1.2. Compre:he:nsive: Gecn.eralLiability with minimum limits of ~ne MJlIl91'j:1p91J~rS)\.($1,~OQ,999.l)O) 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 restrictil.e 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: 60-02/03 DATE: 08/12/03 CITY OF MIAMI BEACH 67 7 .1.3. Bu.sin~~s Autom()bil~ Liability with minimum limits of Qij~;'MUUCJIt pplljlrs($1,.QO(M)QQ.Q!U per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive tha n 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. 7.1.3.2. 7.1.3.3. Owned Vehicles. Hired and Non-Owned Vehicles. Employers' Non-Ownership. (Not Applicable to this Bid) [X] 7.1.4. Builder's Risk insurance for the construction of and/or addition to aboveground buildings or structures !!lis 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. [ ] 7.1.4.2. 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. Flood Insurance--When the buildings or structures are located within an identified special flood hazard area, flood insurance must re 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: 60-02103 DA TE: 08112103 CITY OF MIAMI BEACH 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. If the initial insurance expires prior to the completion of the work, renewal copies of policies shall be furnished at least thirty (30) days prior to the date of their expiration. 7.3. Notice of Cancellation and/or Restrictio~ The policy(ies) must be endorsed to provide CITY and the CONSULTANT 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 requred Certificates of Insurance shall name the types of policies provided, refer specifically to this Contract, and state that such insurance is as required by this Contract. The Certificate of Insurance shall be in form similar to and contain the information set forth in Form 00708. 7.5. The official title of the Owner is the City of Miami Beach, Florida. This official title shall be used in all insurance documentation. 8. Labor and Materials: 8.1. Unless otherwise provided herein, CONTRACTOR shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 8.2. CONTRACTOR shall at all times enforce strict discipline and good order among its employees and subcontractors at the Project site and shall not employ on the Project any unfit person or anyone not skilled in the work to which they are assigned. BID NO: 60-02103 DATE: 08/12/03 CITY OF MIAMI BEACH 69 9. Rova Ities 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 Supplementary 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: 60-02/03 DATE: 08/12/03 CITY OF MIAMI BEACH 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: 60-02103 DATE: 08/12/03 CITY OF MIAMI BEACH 71 13. I nspection of Work: 13.1. CONSULTANT and CITY shall at all times have access to the Work, and CONTRACTOR shall provide proper facilities for such access and for inspecting, measuring and testing. 13.1.1. Should the Contract Documents, CONSULTANT's instructions, any laws, ordinances, or any public authority require any of the Work to be specially tested or approved, CONTRACTOR shall give CONSULTANT timely notice of readiness of the Work for testing. If the testing or approval is to be made by an authority other than CITY, timely notice shall be given of the date fixed for such testing. Testing shall be made promptly, and, where practicable, at the source of supply. If any of the Work should be covered up without approval or consent of CONSULTANT, it must, if required by CONSULTANT, be uncovered for examination and properly restored at CONTRACTOR's expense. 13.1.2. Reexamination of any of the Work may be ordered by CONSULTANT with prior written approval by the Contract Administrator, and if so ordered, the Work must be uncovered by CONTRACTOR. If such Work is found to be in accordance with the Contract Documents, CITY shall pay the cost of reexamination and replacement by means of a Change Order. If such Work is not in accordance with the Contract Documents, CONTRACTOR shall pay such cost. 13.2. Inspectors shall have no authority to permit deviations from, nor to relax any of the provisions of, the Contract Documents nor to delay the Contract by failure to inspect the materials and work with reasonable promptness without the written permission or instruction of CONSULTANT. 13.3. The payment of any compensation, whatever may be its character or form, or the giving of any gratuity or the granting of any favor by CONTRACTOR to any inspector, directly or indirectly, is strictly prohibited, and any such act on the part of CONTRACTOR will constitute a breach of this Contract. 14. Superintendence and Supervision: 14.1. The orders of CITY are to be given through CONSULTANT, which instructions are to be strictly and promptly followed in every case. CONTRACTOR shall keep on the Project during its progress, a full-time competent English speaking superintendent and any necessary assistants, all satisfactory to CONSULTANT. The superintendent shall not BID NO: 60-02103 DA TE: 08/12/03 CITY OF MIAMI BEACH 72 be changed except wth the written consent of CONSULTANT, unless the superintendent proves to be unsatisfactory to CONTRACTOR and ceases to be in its employ. The superintendent shall represent CONTRACTOR and all directions given to the superintendent shall be as binding as if given to CONTRACTOR and will be confirmed in writing by CONSULTANT upon the written request of CONTRACTOR. CONTRACTOR shall give efficient supervision to the Work, using its best skill and attention. 14.2. Daily, CONTRACTOR's superintendent shall record, at a minimum, the following information in a bound log: the day; date; weather conditions and how any weather condition affected progress of the Work; time of commencement of work for the day; the work bei ng performed; materials, labor, personnel, equipment and subcontractors at the Project site; visitors to the Project site, including representatives of the CONSULTANT, regulatory representatives; any special or unusual conditions or occurrences encountered; and the time of termination of work for the day. All information shall be recorded in the daily log in ink. The daily log shall be kept on the Project site and shall be available at all times for inspection and copying by CITY and CONSULTANT. 14.3. The Contract Administrator, CONTRACTOR and CONSULTANT shall meet at least weekly or as determined by the Contract Administrator, during the course of the Work to review and agree upon the work performed to date and to establish the controlling items of work for the next two weeks. The CONSULTANT shall publish, keep, and distribute minutes and any comments thereto of each such meeting. 14.4. If CONTRACTOR, in the course of prosecuting the Work, finds any discrepancy between the Contract Documents and the physical conditions of the locality, or any errors, omissions, or discrepancies in the Project Manual, it shall be CONTRACTOR's duty to immediately inform CONSULTANT, in writing, and CONSULTANT will promptly review the same. Any work done after such discovery, until authorized, will Be done at CONTRACTOR's sole risk. 14.5. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. BID NO: 60-02/03 DATE: 08/12103 CITY OF MIAMI BEACH 73 15. CITY's RiQht to Terminate Contract: 15.1. If CONTRACTOR fails to begin the Work VlAthin 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: 60-02103 DATE: 08/12/03 CITY OF MIAMI BEACH 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. Compensation shall be withheld until all documents are provided to the City pursuant to this article. 16. CONTRACTOR's RiQht 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. Assicnment 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: 60-02103 DATE: 08/12/03 CITY OF MIAMI BEACH 75 18. RiQhts of Various Interests: Whenever work being done by CITY's forces or by other contractors is contiguous to or within the limits of work covered by this Contract, the respective rights of the various interests involved shall be established by the Contract Administrator to secure the completion of the various portions of the work in general harmony. 19. Differina Site Conditions: In the event that during the course of the Work CONTRACTOR encounters subsurface or concealed conditions at the Project site which differ materially from those shown on the Contract Documents and from those ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents; or unknown physical conditions of the Project site, of an unusual nature, which differ materially from that ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents, CONTRACTOR, without disturbing the conditions and before performing any work affected by such conditions, shall, within twenty-four (24) hours of their discovery, notify CITY and CONSULTANT in writing of the existence of the aforesaid conditions. CONSULTANT and CITY shall, within two (2) business days after receipt of CONTRACTOR's written notice, investigate the site conditions identified by CONTRACTOR. If, in the sole opinion of CONSULTANT, the conditions do materially 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 Final Completion. BID NO: 60-02103 DATE: 08112103 CITY OF MIAMI BEACH 76 20. Plans and Workina DrawinQs: 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 in writing 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 failed to report it to CONSULTANT. 22. CONTRACTOR's Responsibilitv for DamaQes and Accidents: 22.1. CONTRACTOR shall accept full responsibility for the Work against all loss or damage of whatsoever nature sustained until final acceptance by CITY, and shall promptly repair any damage done from any cause whatsoever, except as provided in Article 29. 22.2. CONTRACTOR shall be responsible for all materials, equipment and supplies pertaining to the Project. In the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed prior to final acceptance by CITY, CONTRACTOR shall replace same without cost to CITY, except as provided in Article 29. 23. Warranty: CONTRACTOR warrants to CITY that all materials and equipment furnished under this Contract will be new unless otherwise specified and that all of the Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by CONSULTANT, CONTRACTOR shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by the provisions of Article 25 herein. BID NO: 60-02103 DATE: 08/12103 CITY OF MIAMI BEACH 77 24. Supplementary DrawinQs: 24.1. When, in the opinion of CONSULTANT, it becomes necessary to explain the Work to be done more fully, or to illustrate the Work further, or to show any changes which may be required, supplementary drawings, with specifications pertaining thereto, will be prepared by CONSULTANT. 24.2. The supplementary drawings shall be binding upon CONTRACTOR with the same force as the Project Manual. Where such supplementary drawings require either less or more than the original quantities of work, appropriate adjustments shall be made by Change Order. 25. Defective Work: 25.1. CONSULTANT shall have the authority to reject or disapprove work which CONSULTANT finds to be defective. If required by CONSULTANT, CONTRACTOR shall promptly either correct all defective work or remove such defective work and replace it with nondefective work. CONTRACTOR shall bear all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. 25.2. Should CONTRACTOR fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by CONSULTANT, CITY shall have the authority to cause the defective work to be removed or corrected, or make such repairs as may be necessary at CONTRACTOR's expense. Any expense incurred by CITY in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to CONTRACTOR, or may be charged against the Performance Bond. In the event of failure of CONTRACTOR to make all necessary repairs promptly and fully, CITY may declare CONTRACTOR in default. 25.3. If, within one (1) year after the date of substantial completion or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision of the Cbntract 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: 60-02/03 DATE: 08/12/03 CITY OF MIAMI BEACH 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 payor to see the payment of any monies due any subcontractor. CITY or CONSULTANT may furnish to any subcontractor evidence of amounts paid to CONTRACTOR on account of specific work performed. 27.3. CONTRACTOR agrees to bind specifically every subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of CITY. [X] 27.4. CONTRACTOR shall perform the Work with its own organization, amounting to not less than (twenty-five) 25% 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. BID NO: 60-02103 DATE: 08/12/03 CITY OF MIAMI BEACH 79 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 and promptly report to CONSULTANT any defects in such work that render it unsuitable for such proper execution and results. CONTRACTOR's failure to so inspect and report shall constitute an acceptance of the other person's work as fit and proper for the reception of CONTRACTOR's Work, except as to defects which may develop in other contractor's work after the execution of CONTRACTOR's. 28.3. CONTRACTOR shall conduct its operations and take all reasonable steps to coordinate the prosecution of the Work so as to create no interference or impact on any other contractor on the site. Should such interference or impact occur, CONTRACTOR shall be liable to the affected contractor for the cost of such interference or impact. 28.4. To insure the proper execution of subsequent work, CONTRACTOR shall inspect the work already in place and shall at once report to CONSULTANT any discrepancy between the executed work and the requirements of the Contract Documents. 29. Use of Completed Portions: 29.1. CITY shall have the right at its sole option to take possession of and use any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance of Clly of the Work not completed in accordance with the Contract Documents. If such possession and use increases the cost of or delays the Work, CONTRACTOR shall be entitled to reasonable extra compensation, or reasonable extension of time or both, as recommended by CONSULTANT and approved by CITY. 29.2. In the event CITY takes possession of any completed or partially completed portions of the Project, the following shall occur: 29.2.1. CITY shall give notice to CONTRACTOR in writing at least thirty (30) calendar days prior to CITY's intended occupancy of a designated area. 29.2.2. CONTRACTOR shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion in the form attached hereto as 00925 from CONSULTANT. BID NO: 60-02103 DATE: 08/12/03 CITY OF MIAMI BEACH 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 performed, rights-of-way and easements for access thereto and such other lands as are designated by CITY or the use of CONTRACTOR. 30.2. CONTRACTOR shall provide, at CONTRACTOR's own expense and without liability to CITY, any additional land and access thereto that may be required for temporary construction facilities, or for storage of materials. CONTRACTOR shall furnish to CITY copies of written permission obtained by CONTRACTOR from the owners of such facilities. 31. LeQal 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: 60-02/03 DATE: 08/12/03 CITY OF MIAMI BEACH 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 DamaQe to ExistinQ Facilities, Eauipmert or Utilities: 32.1. As far as possible, all existing utility lines in the Project area have been shown on the plans. However, CITY does not guarantee that all lines are shown, or that the ones indicated are in their true location. It shall be the CONTRACTOR'S responsibility to identify and locate all underground and overhead utility lines or equipment affecting or affected by the Project. No additional payment will be made to the CONTRACTOR because of discrepancies in actual and plan location of utilities, and damages suffered as a result thereof. 32.2. The CONTRACTOR shall notify each utility company involved at least ten (10) days prior to the start of construction to arrange for positive underground location, relocation or support of its utility where that utility may be in conflict with or endangered by the proposed construction. Relocation of water mains or other utilities for the convenience of the CONTRACTOR shall be paid by the CONTRACTOR. All charges by utility companies for temporary support of its utilities shall be paid for by the CONTRACTOR. All costs of permanent utility relocation to avoid conflict shall be the responsibility of the utility company involved. No additional payment will be made to the CONTRACTOR for utility relocations, whether or not said relocation is necessary to avoid conflict with other lines. 32.3. The CONTRACTOR shall schedule the work in such a manner that the work is not delayed l:1f 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: 60-02/03 DATE: 08/12103 CITY OF MIAMI BEACH 82 33. Value Enoineerino: CONTRACTOR may request substitution of materials, articles, pieces of equipment or any changes that reduce the Contract Price by making such request to CONSULTANT in writing. CONSULTANT will be the sole judge of acceptability, and no substitute will be ordered, installed, used or initiated without CONSULTANT's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. However, any substitution accepted by CONSULTANT shall not result in any increase in the Contract Price or Contract Time. By making a request for substitution, CONTRACTOR agrees to pay directly to CONSULTANT all CONSULTANT's fees and charges related to CONSULTANT's review of the request for substitution, whether or not the request for substitution is accepted by CONSULTANT. Any substitution submitted by CONTRACTOR must meet the form, fit, function and life cycle criteria of the item proposed to be replaced and there must be a net dollar savings including CONSULTANT review fees and charges. If a substitution is approved, the net dollar savings shall be shared equally between CONTRACTOR and CITY and shall be processed as a deductive Change Order. CITY may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute approved after award of the Contract. 34. Continuino 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. Chanoes 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: 60-02103 DATE: 08/12/03 CITY OF MIAMI BEACH 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 written interpretations of the intent of the Contract Documents and ordering minor changes in Work execution, providing the Field Order involves no change in the Contract Price or the Contract Time. 36.2. CONSULTANT shall have the right to approve and issue Supplemental Instructions setting forth written orders, instructions, or interpretations concerning the Contract Documents or its performance, provided such Supplemental Instructions involve no change in the Contract Price or the Contract Time. 37. ChanQe 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 0" disagreement with the BID NO: 60-02103 DATE: 08/12/03 CITY OF MIAMI BEACH 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 ChanQe 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: 60-02103 CITY OF MIAMI BEACH DATE: 08/12103 85 the work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay application thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing the work after regular working hours, on Sunday or legal holidays, shall be included in the above to the extent authorized by CITY. 38.2.2. Cost of all materials and equipment furnished and incorporated in the work, including costs of transportation and storage thereof, and manufacturers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless CITY deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to CITY. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to CITY and CONTRACTOR shall make provisions so that they may be obtained. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by CITY with the advice of CONSULTANT and the costs of transportation, loading, unloading, installation, dismantling and removal thereof, all in accordance with the terms of said agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the work. 38.2.3. Payments made by CONTRACTOR to Subcontractors for work performed by Subcontractors. If required by CITY, CONTRACTOR shall obtain competitive Bids from Subcontractors acceptable to CONTRACTOR and shall deliver such Bids to CITY who will then determine, with the advice of CONSULTANT, which Bids will be accepted. If the Subcontract provides that the Subcontractor is to be paid on the basis of cost of the work plus a fee, the Subcontractor's cost of the work shall be determined in the same manner as CONTRACTOR'S cost of the work. All Subcontractors shall be subject to the other provisions of the Contract Documents insofar as applicable. 38.2.4. Cost of special consultants, including, but not limited to, engineers, architects, testing laboratories, and surveyors BID NO: 60-02103 CITY OF MIAMI BEACH DATE: 08112/03 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: 60-02/03 CITY OF MIAMI BEACH DATE: 08/12/03 87 contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in its principal or a branch office for general administration of the work and not specifically included in the agreed-upon schedule of job classifications referred to in Section 38.2.1., all of which are to be considered administrative costs covered by CONTRACTOR's fee. 38.3.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 38.3.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the work and charges against CONTRACTOR for delinquent payments. 38.3.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same, except for additional bonds and insurance required because of changes in the work. 38.3.5. Costs due to the negligence or neglect of CONTRACTOR, any Subcontractors, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. 38.3.6. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in Section 38.2. 38.4. CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 38.4.1. A mutually acceptable fixed fee or if none can be agreed upon, 38.4.2. A fee based on the following percentages of the various portions of the cost of the work: 38.4.2.1. For costs incurred under Sections 38.2.1 and 38.2.2, CONTRACTOR's fee shall not exceed ten percent (10%). 38.4.2.2. For costs incurred under Section 38.2.3, CONTRACTOR's fee shall not exceed seven and BID NO: 60-02/03 CITY OF MIAMI BEACH DATE: 08/12/03 88 one half percent (7.5%); and if a subcontract is on the basis of cost of the work plus a fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall not exceed ten percent (10%); and No fee shall be payable on the basis of costs itemized under Sections 38.2.4 and 38.2.5, (except Section 38.2.5.3), and Section 38.3. 38.5. The amount of credit to be allowed by CONTRACTOR to CITY for any such change which results in a net decrease in cost, will be the amount of the actual net decrease. When both additions and credits are involved in anyone change, the combined overhead and profit shall be figured on the basis of the net increase, if any, however, CONTRACTOR shall not be entitled to claim lost profits for any Work not performed. 38.4.2.3. 38.6. Whenever the cost of any work is to be determined pursuant to Sections 38.2 and 38.3, CONTRACTOR will submit in a form acceptable to CONSULTANT an itemized cost breakdown together with the supporting data. 38.7. Where the quantity of any item of the Work that is covered by a unit price is increased or decreased by more than twenty percent (20%) from the quantity of such work indicated in the Contract Documents, an appropriate Change Order shall be issued to adjust the unit price, if warranted. 38.8. Whenever a change in the Work is to be based on mutual acceptance of a lump sum, whether the amount is an addition, credit or no change-in-cost, CONTRACTOR shall submit an initial cost estimate acceptable to CONSULTANT and Contract Administrator. 38.8.1. Breakdown shall list the quantities and unit prices for materials, labor, equipment and other items of cost. 38.8.2. Whenever a change involves CONTRACTOR and one or more Subcontractors and the change is an increase in the Contract Price, overhead and profit percentage for CONTRACTOR and each Subcontractor shall be itemized separately. 38.9. Each Change Order must state within the body of the Change Order whether it is based upon unit price, negotiated lump sum, or "cost of the work." BID NO: 60-02/03 DATE: 08/12103 CITY OF MIAMI BEACH 89 39. Notification and Claim for Chanqe of Contract Time or Contract Price: 39.1. Any claim for a charge 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 wll be extended in an amount equal to time lost on critical Work items due to delays beyond the control of and through no fault or negligence of CONTRACTOR if a claim is made therefor as provided in Section 39.1. Such delays shall include, but not be limited to, acts or neglect by any separate contractor employed by CITY, fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. 40. No DamaQes 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: 60-02103 DATE: 08112/03 CITY OF MIAMI BEACH 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 Delav: Compensable; Non-Compensable: 41.1 Excusable Delay. Delay which extends the completion of the Work and which is caused by circumstances beyond the control of CONTRACTOR or its subcontractors, suppliers or vendors is Excusable Delay. CONTRACTOR is entitled to a time extension of the Contract Time for each day the Work is delayed due to Excusable Delay. CONTRACTOR shall document its claim for any time extension as provided in Article 39 hereof. Failure of CONTRACTOR to comply with Article 39 hereof as to any particular event of delay shall be deemed conclusively to constitute a waiver, abandonment or relinquishment of any and all claims resulting from that particular event of delay. Excusable Delay may be compensable or non-compensable: (a) Compensable Excusable Delay. Excusable Delay is compensable when (i) the delay extends the Contract Time, (ii) is caused by circumstances beyond the control of the CONTRACTOR or its subcontractors, suppliers or vendors, and (iii) is caused solely by fraud, bad faith or active interference on the part of CITY or its agents. In no event shall CONTRACTOR be compensated for interim delays which do not extend the Contract Time. CONTRACTOR shall be entitled to direct and indirect costs for Compensable Excusable Delay. Direct costs recoverable by CONTRACTOR shall be limited to the actual additional costs allowed pursuant to Article 38 hereof. CITY and CONTRACTOR recognize and agree that the amount of CONTRACTOR's precise actual indirect costs for delay in the performance and completion of the Work is impossible to determine as of the date of execution of the Contract Documents, and that proof of the precise amount will be difficult. Therefore, indirect costs recoverable by the CONTRACTOR shall be liquidated on a daily basis for each day the Contract Time is delayed due to a Compensable Excusable Delay. These liquidated indirect costs shall be paid to compensate CONTRACTOR for all indirect costs caused by a Compensable Excusable Delay and shall include, but not be limited to, all profit on indirect costs, home office overhead, acceleration, loss of earnings, loss of productivity, loss of BID NO: 60-02/03 DATE: 08/12/03 CITY OF MIAMI BEACH 91 bonding capacity, loss of opportunity and all other indirect costs incurred by CONTRACTOR. The amount of liquidated indirect costs recoverable shall be ----:2.:-- 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 correctil.e 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: 60-02/03 DATE: 08/12103 CITY OF MIAMI BEACH 92 Section 218.74(4), Florida Statutes (1989) as such relates to the payment of interest, shall apply to valid and proper invoices. 44. Shop DrawinQs: 44.1. CONTRACTOR shall submit Shop Drawings as required by the Technical Specifications. The purpose of the Shop Drawings is to show the suitability, efficiency, technique of manufacture, installation requirements, details of the item and evidence of its compliance or noncompliance with the Contract Documents. 44.2. Within twenty-one (21) calendar days after the Project Initiation Date specified in the Notice to Proceed, CONTRACTOR shall submit to CONSULTANT a complete list of preliminary data on items for which Shop Drawings are to be submitted and shall identify the critical items. Approval of this list by CONSULTANT shall in no way relieve CONTRACTOR from submitting complete Shop Drawings and providing materials, equipment, etc., fully in accordance with the Contract Documents. This procedure is required in order to expedite final approval of Shop Drawings. 44.3. After the approval of the list of items required in Section 44.2 above, CONTRACTOR shall promptly request Shop Drawings from the various manufacturers, fabricators, and suppliers. CONTRACTOR shall include all shop drawings and other submittals in its certification. 44.4. CONTRACTOR shall thoroughly review and check the Shop Drawings and each and every copy shall show this approval thereon. 44.5. If the Shop Drawings show or indicate departures from the Contract requirements, CONTRACTOR shall make specific mention thereof in its letter of transmittal. Failure to point out such departures shall not relieve CONTRACTOR from its responsibility to comply with the Contract Documents. 44.6. CONSULTANT shall review and approve Shop Drawings within fifteen (15) calendar days from the date received, unless said Drawings are rejected by CONSULTANT for material reasons. CONSULTANT's approval of Shop Drawings will be general and shall not relieve CONTRACTOR of responsibility for the accuracy of such Drawings, nor for the proper fitting and construction of the work, nor for the furnishing of materials or work required by the Contract Documents and not indicated on the Drawings. No work called for by Shop Drawings shall be performed until the said Drawings have been approved by BID NO: 60-02/03 CITY OF MIAMI BEACH DATE: 08/12/03 93 CONSULTANT. Approval shall not relieve CONTRACTOR from responsibility for errors or omissions of any sort on the Shop Drawings. 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 CONSU L T ANT's approval at the job site at all times. 45. Field Lavout of the Work and Record Drawin!:1s: 45.1. The entire responsibility for establishing and maintaining line and grade in the field lies with CONTRACTOR. CONTRACTOR shall maintain an accurate and precise record of the location and elevation of all pipe lines, conduits, structures, maintenance access structures, hand holes, fittings and the like and shall prepare record or "as-built" drawings of the same which are sealed by a Professional Surveyor. CONTRACTOR shall deliver these records in good order to CONSULTANT as the Work is completed. The cost of all such field layout and recording work is included in the prices Bid for the appropriate items. All record drawings shall be made on reproducible paper and shall be delivered to CONSULTANT prior to, and as a condition of, final payment. 45.2. CONTRACTOR shall maintain in a safe place at the Project site one record copy of al Drawings, Plans, Specifications, Addenda, written amendments, Change Orders, Field Orders and written interpretations and clarifications in good order and annotated to show all changes made during construction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings shall be available at all times to CONSULTANT for reference. Upon Final Completion of the Project and prior to Final Payment, these record BID NO: 60-02/03 CITY OF MIAMI BEACH DATE: 08/12/03 94 documents, samples and Shop Drawings shall be delivered to the Contract Administrator. 45.3. Prior to, and as a condition precedent to Final Payment, CONTRACTOR shall submit to CITY, CONTRACTOR's record drawings or as-built drawings acceptable to CONSULTANT. 46. Safety and Protection: 46.1. CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 46.1.1. All employees on the work site and other persons who may be affected thereby; 46.1.2. All the work and all materials or equipment to be incorporated therein, whether in storage on or off the Project site; and 46.1.3. Other property at the Project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 46.2. CONTRACTOR shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and utilities when prosecution of the work may affect them. All damage, injury or loss to any property referred to in Sections 46.1.2 and 46.1.3 above, caused directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR. CONTRACTOR's duties and responsibilities for the safety and protection of the work shall continue until such time as all the Work is completed and CONSULTANT has issued a notice to CITY and CONTRACTOR that the Work is acceptable except as otherwise provided in Article 29 hereof. 46.3. CONTRACTOR shall designate a responsible member of its organization at the Work site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR'S superintendent unless otherwise designated in writing by CONTRACTOR to CITY. BID NO: 60-02103 CITY OF MIAMI BEACH DA TE: 08/12/03 95 [X] 47 .Final Bill of Materials: CONTRACTOR shall be required to submit to CITY and CONSULTANT a final bill of materials with unit costs for each Bid item for supply of materials in place. This shall be an itemized list of all materials with a unit cost for each material and the total shall agree with unit costs established for each Contract item. A Final Certificate for Payment cannot be issued by CONSULTANT until CONTRACTOR submits the final bill of materials and CONSULTANT verifies the accuracy of the units of Work. 48. Payment bV CITY for Tests: Except when otherwise specified in the Contract Documents, the expense of all tests requested by CONSULTANT shall be borne by CONTRACTOR and performed by a testing firm chosen by CONSULTANT. For road construction projects the procedure for making tests required by CONSULTANT will be in conformance with the most recent edition of the State of Florida, Department of Transportation Standard Specifications for Road and Bridge Construction. The cost of any required test which CONTRACTOR fails shall be paid for by CONTRACTOR. 49. Proiect Siqn: Any requirements for a project sign shall be as set forth within the Technical Specifications section. 50. Hurricane Precautions: 50.1. During such periods of time as are designated by the United States Weather Bureau as being a hurricane warning or alert, the CONTRACTOR, at no cost to the CITY, shall take all precautions necessary to secure the Project site in response to all threatened storm events, regardless of whether the CITY or CONSULTANT has given notice of same. 50.2. Compliance with any specific hurricane warning or alert precaLtions will not constitute additional work. 50.3. Additional work relating to hurricane warning or alert at the Project site will be addressed by a Change Order in accordance with Section 37, General Conditions. 50.4. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the CITY has directed such suspension, will entitle BID NO: 60-02/03 CITY OF MIAMI BEACH DATE: 08/12/03 96 the CONTRACTOR to additional Contract Time as noncompensable, excusable delay, and shall not give rise to a claim for compensable delay. 51. Cleanina Up: City's Riaht to Clean Up: CONTRACTOR shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Project, CONTRACTOR shall remove all its waste materials and rubbish from and about the Project as well as its tools, construction equipment, machinery and surplus materials. If CONTRACTOR fails to clean up during the prosecution of the Work or at the completion of the Work, CITY may do so and the cost thereof shall be charged to CONTRACTOR. If a dispute arises between CONTRACTOR and separate contractors as to their responsibility for cleaning up, CITY may clean up and charge the cost thereof to the contractors responsible therefor as CONSULTANT shall determine to be just. 52. Removal of Eauipment In case of termination of this Contract before completion for any cause whatever, CONTRACTOR, if notified to do so by CITY, shall promptly remove any part or all of CONTRACTOR's equipment and slpplies from the property of CITY, failing which CITY shall have the right to remove such equipment and supplies at the expense of CONTRACTOR. 53. Nondiscrimination, Eaual 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, cobr, 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. 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. BID NO: 60-02103 DA TE: 08/12/03 CITY OF MIAMI BEACH 97 54. Proiect Records: CITY shall have the right to inspect and copy, at CITY's expense, the books and records and accounts of CONTRACTOR which relate in any way to the Project, and to any claim for additional compensation made by CONTRACTOR, and to conduct an audit of the financial and accounting records of CONTRACTOR which relate to the Project and to any claim for additional compensation made by CONTRACTOR. CONTRACTOR shall retain and make available to CITY all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three (3) years following Final Completion of the Project. During the Project and the three (3) year period following Final Completion of the Project, CONTRACTOR shall provide CITY access to its books and records upon seventy-two (72) hours written notice. BID NO: 60-02103 DATE: 08/12/03 CITY OF MIAMI BEACH 98 00900. SUPPLEMENTARY CONDITIONS: An Asbestos Survey Report has been prepared by ATC Associate, Inc. and is available to prospective bidders, please contact T -Square Miami at 305.324.1234 to get a copy of the report. BID NO: 60-02103 DATE: 08/12/03 CITY OF MIAMI BEACH 99 00920. ADDITIONAL ARTICLES: N/A [ ] 1. Prevailina Waae Rate Ordinance. This Project is not federally funded. City of Miami Beach Ordinance No, 94-2960 provides that in all non-federally funded construction contracts in excess of one million dollars to which the City of Miami Beach is a party, the rate of wages and fringe benefits, or cash equivalent, for all laborers, mechanics and apprentices employed by any contractor or subcontractor on the work covered by the contract, shall not be less than the prevailing rate of wages and fringe benefit payments or cash equivalence for similar skills or classifications of work, as established by the Federal Register, in the City of Miami Beach, Florida. The provisions of this Ordinance shall not apply to the following projects: a. water, except water treatment facilities and lift stations; b. sewer, except sewage treatment facilities and lift stations; c. storm drainage; d. road construction, except bridges or structures requiring pilings; and e. beautification projects, which may include resurfacing new curbs, gutters, pavers, sidewalks, landscaping, new lighting, bus shelters, bus benches and signage. [*NOTE: INSERT IF APPLICABLE] [] 2. Federal Grant Proiects: 2.1. By virtue of the fact that the funding of this Project will be delivered in full or in part from the United States government through ______________________' federal assurances must follow the grant application in addition to any and all supervening assurances set forth in Rules and Regulations published in Federal Register or CFR. 2.2. Clauses, terms or conditions required by federal grantor agency are hereby attached and made a part of this Project Manual. BID NO: 60-02103 CITY OF MIAMI BEACH DATE: 08/12/03 100 00922. STATEMENT OF COMPLIANCE (PREVAILING WAGE RATE ORDINANCE NO. 94-2960) Contract No. No._________________________ Project Title ______________ The undersigned CONTRACTOR hereby swears under penalty d perjury that, during the period covered by the application for payment to which this statement is attached, all mechanics, laborers, and apprentices, employed or working on the site of the Project, have been paid at wage rates, and that the wage rates of payments, contributions, or costs for fringe benefits have not been less than those required by City of Miami Beach Ordinance No. 94-2960 and the applicable conditions of the Contract. Dated ____________, 20___ (Contractor) By: By: (Signature) (Print Name and Title) STATE OF ) ) SS ) COUNTY OF The foregoing instrument was acknowledged before me this ______ day of ________________,20__, by_______________________________whois personally known to me or who has produced ____________________ as identification and who did/did not take an oath. WITNESS my hand and official seal, this _____ day of ___________, 20__. (NOTARY SEAL) (Signature of person taking acknowledgment) (Name of officer taking acknowledgment) (typed, printed or stamped) (Title or rank) (Serial number, if any) My commission expires: BID NO: 60-02103 DATE: 08/12/03 CITY OF MIAMI BEACH 101 00923. STATEMENT OF COMPLIANCE (DAVIS BACON ACT) No. ----------------------------- Contract No. ProjectTitle _____________________ The undersigned CONTRACTOR hereby swears under penalty of perjury that, during the period covered by the application for payment to which this statement is attached, all mechanics, laborers, and apprentices, employed or working on the site of the Project, haw been paid at wage rates, and that the wage rates of payments, contributions, or costs for fringe benefits have not been less than those required by the Davis Bacon Act and the applicable conditions of the Contract. Dated ____________, 20___ Contractor By: By: (Signature) (Print Name and Title) COUNTY OF ) ) SS ) STATE OF The foregoing instrument was acknowledged before me this ________ day of _______________, 20__, by __________________________________ who is personally known to me or who has produced ___________________ as identification and who did/did not take an oath. WITNESS my hand and official seal, this _____ day of ___________, 20__. (NOTARY SEAL) ------------------------------------ (Signature of person taking acknowledgment) -------------------------------- (Name of officer taking acknowledgment) (typed, printed or stamped) -------------------------------- (Title or rank) -------------------------------- (Serial number, if any) My commission expires: BID NO: 60-02/03 DATE: 08/12/03 CITY OF MIAMI BEACH 102 00925. CERTIFICATE OF SUBSTANTIAL COMPLETION: PROJECT: (name, address) CONSULTANT: BID/CONTRACT NUMBER: TO (CITY): CONTRACTOR: CONTRACT FOR: NOTICE TO PROCEED DATE: DATE OF ISSUANCE: PROJECT OR DESIGNATED PORTION SHALL INCLUDE: The Work performed under this Contract has been reviewed and found to be substantially complete and all documents required to be slbmitted 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 use 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: 60-02103 DATE: 08/12103 CITY OF MIAMI BEACH 103 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: 60-02103 DATE: 08/12/03 CITY OF MIAMI BEACH 104 00926. FINAL CERTIFICATE OF PAYMENT: PROJECT: (name, address) CONSULTANT: BID/CONTRACT NUMBER: TO (CITY): CONTRACTOR: CONTRACT FOR: NOTICE TO PROCEED DATE: DATE OF ISSUANCE: All conditions or requirements of any permits or regulatory agencies have been satisfied. The documents required by Section 5.2 of the Contract, and the final bill of materials, if required, have been received and accepted. The Work required by the Contract Documents has been reviewed and the undersigned certifies that the Work, including minor corrective work, has been completed in accordance with the provision of the Contract Documents and is accepted under the terms and conditions thereof. ----------------------- ------------------------------ --------- CONSULTANT BY DATE CITY, through the Contract Administrator, accepts the work as fully complete and will assume full possession thereof at _________________________________________ ________________________________ (time) (date). City of Miami Beach, Florida ------------------------- ---------- By Contract Administrator Date BID NO: 60-02/03 DATE: 08/12/03 CITY OF MIAMI BEACH 105 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 oC___________________________ Dollars ($____________) as full and final payment to CONTRACTOR for all work and materials for the Project described as: This sum includes full and final payment for all extra work and material and all incidentals. CONTRACTOR hereby indemnifies and releases CITY from all liens and claims whatsoever arising out of the Contract and Project. CONTRACTOR hereby certifies that all persons doing work upon or furnishing materials or supplies for the Project have been paid in full. In lieu of this certification regarding payment for work, materials and supplies, CONTRACTOR may submit a consent of surety to final payment in a form satisfactory to CITY. CONTRACTOR further certifies that all taxes imposed by Chapter 212, Florida Statutes (Sales and Use Tax Act), as amended, have been paid and discharged. [If incorporated sign below.] CONTRACTOR ATTEST: (Name of Corporation) By: ----------------------------- (Secretary) (Signature) ----------------------------- (Corporate Seal) (Print Name and Title) ____ day of ___________, 20___. F:IA lTOIAGU RlAGREEMNT\fronlend\sldfrm. frtend. fnl.doc BID NO: 60-02/03 DATE: 08/12103 CITY OF MIAMI BEACH 106 [If not incorporated sign below.] WITNESSES: F:IA TTOIAGURlAGREEMNT\frontend\stdfrm. friend. fnl.doc BID NO: 60-02103 DATE: 08/12103 CONTRACTOR (Name of Firm) By: (Signature) (Print Name and Title) ____ day of ______________, 20_. CITY OF MIAMI BEACH 107 [X] 00950. DRAWINGS INDEX: BID NO. 60-02/03 NEW GUARDHOUSE AT PALM ISLAND 1. Specifications/Drawings for the New Guardhouse at Palm Island has been prepared by: Giller & Giller, Inc. Architects and dated October 4, 2002 with Revision #1 dated July 7, 2003 * 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. INDEX OF DRAWINGS G-l COVER SHEET G-2 INDEX, ABBREVIATIONS, LEGEND, GEN NOTES C-l SITE PLANS, EXISTING, DEMO & NEW, SITE DTLS A-I PLANS, EXTERIOR & INTERIOR ELEVATIONS A-2 SCHEDULES, DETAILS, SECfIONS 5-1 STRUCfURAL PLANS & SECTIONS 5-2 COLUMN & BEAM SCHEDULES, DIAGRAMS S-3 STRUCfURAL NOTES M/p7E-l POWER, LIGHTING, MEGIANICAL, PLUMBING PLANS, RISERS & NOTES REFERENCE FPL DRAWING #MBPPlll DRAWINGS FPL DRAWING #1133-1 CMB SURVEY DWG #SM-2002P-P BID NO: 60-02103 DATE: 08107/03 CITY OF MIAMI BEACH 108 1000. 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 Bid Document. (Please see page 117) BID NO: 60-02/03 DATE: 08/07/03 CITY OF MIAMI BEACH 109 02000. TECHNICAL SPECIFICATIONS: BID NO. 60-02103 * 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. TABLE OF CONTENTS Section No. Name Div. 1. GENERAL REQUIREMENTS 00850 Specifications and Drawings 01010 Project Summary 01030 General Requirements 01031 Maintenance of Traffic 01040 Coordination Div. 2. SITEWORK 02010 Subsurface Investigation 02050 Demolition 02100 Site Preparation 02200 Earthwork 02447 Irrigation 02480 Landscaping 02500 Pavement, Asphaltic 02880 Soil Trea1ment Div. 3. CONCRETE 03100 Concrete Formwork 03300 Cast-In-Place Concrete 03345 Concrete Finishing Div. 4. MASONRY 04200 Unit Masonry 04720 Precast Architectural Ornaments Number of PaQes 2 1 3 2 2 1 2 1 3 1 6 2 3 3 5 3 6 2 BID NO: 60-02/03 DATE: 08/12103 CITY OF MIAMI BEACH 110 Div. 5. METALS 05500 Metal Fabrications 2 Div. 6. WOOD AND PLASTICS 06100 Carpentry 3 06190 Wood Trusses 4 06200 Finish Carpentry 3 Div. 7. THERMAL AND MOISTURE PROTECTION 07210 Building Insulation 1 07321 Clay Tile Roofing 2 07600 Flashing & Sheetmetal 1 07920 Caulking and Sealants 2 Div. 8. DOOR. WINDOWS, AND GLASS 08100 Metal Doors and Frames 2 08210 Wood Doors 2 08316 Removable Flood Barriers 3 08410 Aluminum Entrances and Storefronts 3 08520 Aluminum Windows 2 08710 Finish Hardware 4 08800 Glass and Glazing 2 Div. 9. FINISHES 09200 Lath, Plaster, and Stucco 5 09250 Gypsum Drywall Systems 2 09310 Ceramic Tile 2 09900 Painting 5 Div. ~ MECHANICAL - see plans Div. 16. ELECTRICAL- see plans BID NO: 60-02103 DATE: 08112103 CITY OF MIAMI BEACH 111 03000. BID PROPOSAL FORM (Paae 1 of 2) BID NO. 60'()2/03 NEW GUARDHOUSE AT PALM ISLAND Our LUMP SUM BID includes the total cost for the work specified in this bid which consists of furnishing all materials, labor, equipment, supervision, mobilization, overhead & profit 'required to demolish the existing guardhouse and construction of a new Guardhouse in the same vicinity. The work includes demolition, asphalt paving, landscaping, irrigation, augercast piles, concrete, masonry, stucco, wood trusses, carpentry, tile roofing, aluminum entrance doors, aluminum windows, stucco, drywall, ceramic tile; painting, toilet accessories, plumbing, air conditioning, and electrical, demolition of entry/exit gates and installation of electrical conduits for future gates, coordination of all demolition scope with existing public and private utilities and in accordance with the Scope of Work and Specificationsl Drawings. . - ' &:> Lump Sum Bid: $__lJ_L+~~_- O~J::llH~,\t~..E:.D_~_L.k.)E~___'-li~~tJ.~-~'-~_:r._(fu~pc Written Amount FIRM'S NAME {PrlO,n..I/ or r'2 o~( 11:. nu (C,b I h,O (1 (1:~ru(.chm C'liP .. SIGNATURE: ~:-, ~ . T1TLEIPRlNTED NAME: ( ,lei> d, 0,'0" k:f",c\y~;;? "--- .. ADDRESS: {()~ ~ )'(., l?:() +\--- ~)-t' rd, r~l, fl.). t= \ ,3316 \ -, ~ "',,", ;'1((-:11 r4'l" <", "., ,'--" TELEPHONE NUMBER: :::(1.,-(\'-1'--\-'1 o1.oFAX: ~/f":;- ((., ''-1 '-?5i:,~ BID NO: 60-02/03 DATE: 08/12103 CITY OF MIAMI BEACH 112 DIVISIONAL PRICES (Page 2 of 2) Please include this form with your bid response. The total for all Divisions (1-16) and GC OH & P must match the Lump Sum Bid. Failure to complete this form, may deem your bid non-responsive. Dlv. No. Division Name Amount 01 GENERAL CONDITIONS $__~_~+!.f!ft)---- j'f:qq' cO 02 SITE WORK, DEMOLITION $__ _ J:i 1Q-~--- 03 CONCRETE $__LL_:l!X2~:~- 04 MASONRY " 5C)D t5b $---~------~---- 05 STEEL $------;;;HQ.~ 06 WOOD & PLASTICS ." 60 6D $_--~rG2___-~_--- 07 THERMAL & MOISTURE PROTECTION $---gf~~QQ:~- 08 DOORS. WINDOWS & GLASS $---2-;i~:~- 09 FINISHES q g.9..8. DO $----~---- ------ 10 SPECIALTIES $______~~1)~~_ 15 MECHANICAL FY Q%6. 6D $---~------------- 6D 16 ELECTRICAL $ 6. dD~' --- ~----------- *TOTAL CONSTRUCTION $ if oD /II ODe)' *Note: This amount MUST match the Lump Sum Bid on Bid Proposal page 1 of 2 (Page 112) BID NO: 60-02103 DATE: 08/12/03 CITY OF MIAMI BEACH 113 (Page 1 of 3) The sum of these line items necessarily do not have to match the lump sum bid price. This information will be used by the City's Administration for informational purposes. PALM ISLAND GUARDHOUSE Bid List Item Qty Division 1 Su erintendent laborer(s) Permitslfees Small tools Signs Trailer/Temporary Guardhouse Tem Phone Temp Electric Temp Water Dum sters Temp Toilette Temp Fence Safet Final clean up SUBTOTAL Division 2 Demolish Exist Buildin Clear/grub site Gading/FiII/Excavate Dewaterin Piles Augecast landscaping Irri alion Scaffolding/Shoring, etc SUBTOTAL Division 3 Concrete - grade beams Conccrete - structural columns Concrete - structural beams Concrete - miscellaneous slabs Concrete - tie beams Concrete - floor slab Concrete - sills & lintels Concrete - testin SUBTOTAL Unit wks wks lS lS lS lS mo me me EA me If lS lS Unit Cost Subtotal Cost lS lS lS lS EA lS lS lS 7;)D tJb BID NO: 60-02103 DATE: 08/12/03 CITY OF MIAMI BEACH 114 (Page 2 of 3) Division 4 I Reinforced CMU SUBTOTAL ~ sf 13-'64 IcQ5~).OOI Division 5 I Miscellaneous Steel SUBTOTAL II LS l 0< !{..o. 00 Division 6 I Millwork SUBTOTAL I-I LS 13tLV.~1 Division 7 Clay Tile roof Gutters & Downs outs Wall Insulation Caulking/Sealant SUBTOTAL LF sf LS Division 8 Doors, Frames Hardware- Exterior Doors, Frames Hardware Doors, Frames Hardware - Interior Window A Window B SUBTOTAL EA pr EA EA EA b1t5D Division 9 Paint Walls-Interior sf lJ-.Q/'l Paint Ceilinos sf ~j XLJ Paint Exterior sf ~ Paint Doors & Frames EA 8C5C> Ceramic Tile Floors sf ':2.,6D Ceramic Tile Walls sf I ,.=; tV) Quarry Tile sf owb on furrino sf gwb on studs, 2 sided sf gwb @ ceiling sf Stucco @ Exterior sv Keystone precast LS SUBTOTAL Division 10 ISoeclaltiesl Exterior Signage LS Toilet Accessories EA SUBTOTAL Division 15 Backftow Preventer LS Plumbino - site LS BID NO: 60-02103 DATE: 08/12/03 CITY OF MIAMI BEACH 115 (Page 3 of 3) Plumbing Rough & Fixtures EA Condensate Drainage/Drywell LS HVAC 1 ton SUBTOTAL Electric - Dower outlet EA Electric - data outlet EA Electric - phone outlet EA Electric - tv outlet EA Electric - lights & switches EA Electric - exterior lights EA Electric - conduits for future aates LS Electrical - SERVICE LS Electrical. ALL OTHER GEAR LS SUBTOTAL Division 16 BID NO: 60-02103 DA TE: 08/12/03 CITY OF MIAMI BEACH 116 04000. ACKNOWLEDGEMENT OF ADDENDA BID NO. 60-02/03 NEW GUARDHOUSE AT PALM ISLAND Directions: Complete Part I or Part II, whichever applies. Part I: Listed below are the dates of issue for each Addendum received in connection with this Bid: L.' . . - Addendum No.1, Dated '-'~ p--f;::S~,'~ r:.. o+.I2a'~?:;, Addendum No.2, Dated ~~,.,&K'__:tiID~ Addendum No.3, Dated ______________________ Addendum No.4, Dated ______________________ Addendum No.5, Dated ______________________ Part II: _______ No addendum was received in connection with this Bid. Verified with Procurement staff , ~ \ ':--7 \ , _~\}L~-hk~~~Y'-~"L-- ~ Q.s.~~~r~~__S II 6'0 Name of Staff Date _~LUD:D-~~ \~~~b~j~.IXfL-- ~3-~_~~o 3 ----- Bid Name Date --~~gnature-------------------- BID NO: 60-02103 DATE: 08/12103 CITY OF MIAMI BEACH 117 --2JL18/2003 12:06 FAX 305 673 7851 CMB PROCUREMENt DIVISION IgJ 001 (1+h\ . - ~ ..----- ~ CITY OF MIAMI BEACH HOO COHVENTION CENTER DRIV~, MIAMI IE/l.CH, FLORIO/l. 33139 http:\\www.mlemtb-.cM.l.p 11"" PlIOCUREMENT DlVIllIOH ::!=. Tt'Ophont 1315) 57'-7." F...lmn. 13lllilln-71$1 INVITATION TO BID NO. 6l).41,'(' ADDENDUM NO.1 Septembn- S, Z003 NEW GUARDHOUSE AT PALM ISLAND is amended .. follows: I. The Bid OpeDing date Is changed from September 12,2003 tu : .eptember 19, 1003 at 3:00 P.M. Sublefluent addenda wiD folo1v 1rith anllWen .' prospectiVf: bidder's queldonl. II. The GeotedtDkal Enpnuring I'eJ'Orl for this project II aVlil~III:. e, pfelUe contact Mr. Roman Martinez at the Miami Beach Procurement Dr~Hon 305.674.7490 or 304.673.7493 to secure. l:Opy of tbls report. Inasmuch as this change cb:s /lOt materially affect the bid document, prC;fJ' ,C/'S are nor required to aCknowledge this addendwn to be deemed responsive. CITY OF MIAMI BEACH . v7,....- ( l>-- Gus Lopez, CPPO Procurement Director nn ;18/2003 12: 06 FAX 305 873 7851 CMB PROCt~EMEMT DIVISION 141002 CITY OF MIAMI BEACH 1700 CONVENTION CENTlIl DRIVE. MIAMI 81~. FLORIDA 33131 http;\\WWW.mI....IHachfJ.tov ~ PROCUREMENT OM.ION ToI.p/l_ (ns) In-rei' ~...Iml" (305) 113.7.51 INVITATION TO BID NO. 60-02/11':1 ADDENDtlM NO.2 September 8, 2003 NEW GUARDHOUSE AT PALM ISLAND is amended as foUows: I. TIle foDowing an tile an._en to quesdons from prospective bilJ el, 'f'5 of this project. Q. Who is going to be ~onsible for the cost of all testir, g A. The awarded CONTRACTOR, see specifitatioll~ section 01030, Pan. 3.1. Teltblg. Auger cast pBe instanation monitorinG ,llMIices., and grout cubes compressive strength testing_iU be performed by:. Ie City's ConSllltant. Q. Is the successful bidder requin:d to provide a M.O.T.]' n? A. Yes, tile successful bidders it required to '1IIb.- it an M.O.T. Plan, see specification section 01031, Para. 1.3 Submittals. Q. Is the successful bidder to provide a temponuy guardI;, )llle? A. Yes, tile successful bidder is required to provide at.. lIporary guardhoule, see section 01031, Para. 2.3. Q. As pIIrt of the bid pacltage are we t<1 provide a Jlag r~ . ;on for the duration of the project? A. A FLAG PERSON I, reqllired "wheD the constrUCIl'ifl ~ operatiom CIItrOKIt OD traffic lane.", Specificationl section 01031, Par..2..~. \. FLAG PERSON is Dot required wileD theirs DO eJIcrouJulleJlt 011 the tram,,: .. IDes. TralJic lanes means "active lanes" not tile existing lane ellcJosed by tb"l . !Jnstruction fence. Q. Are there odI:r acceprable l1IlUI1f'acturers fOf the Remo,' ~Ie Flood Barriers? A. Yes tbere are olber Hceptable manufacturers but f!.., ~ must be" APPROVED EQUAL". None have been requested yet. Plea'f.;,:e specificatloD section 01030, Para. 1.2. ./18/2003 12:07 FAX 305 873 7851 CMB PROCl~EMEMT DIVISION 141 003 September 8, 2003 AddeDdlUD #l. Page 2 Q. How do we det~ the depth of the auger cast pili/'( Reference is made in rbe bid pac:kaac that rbe soils report is supposed to be mel!.!, :d, bowever it WlSD't in 1be package we received. A. The Geotechnical EagiDeering report for tlds pn jut is available, please contllCt Mr. Rom... Martinez at the Miami B,~;.;h ProcureJDCDt ~sioa 305.674.7490 or 304.673.7493 to secure a copy of lis report Q. In the specifications 1IDder section 01031.2.4. it makn I ~fercnce to !he '7emJXll'lUY Guardhouse" to be used but no mention as to 1be IJIlIJ\\ 'I,::turer. A. No ..a.llfac:hIrer is .pecIOed. Ally manufacture! : Jeetlng the .peciflClltiona requirement is acceptable. Q. On page 1 of 1 irem b it SIaIeSthatthe soilslCpOltis an".lL dto!he specificatiom, but it is not attached to the specifications tho! we have received 'lease provide a copy oflhc $OilIeSt. A. The Geotechnical Enaineerint report for this P'I'''. eet Is avaOable, plcue coatact Mr. Roma. MardDez at the Miami .'.1':1 Procurement DIvision 305.674.7490 or 304.673.74'3 to secure a copy of ttd, report. Q. SIIUdUraI drawings J.2 show four (4) 12"diamelerconcrt'~oolumns, butArchitectura1 drawings 1-2 shows a pre-cast 12" column cover. 1'I,:;r: e verity size ofprc.cast or struc:turaI oolWIUI size in order to use the pre-cast colulll r: :over. A. Concrete colWDIIs are 12:"" (Cast-In-Plact). The pl'~ _ elements aroUlld tJae poured tollUeu are the Irim pieces (bale and capii::II~. R. Note: MUODry OpeDJng. - At window types "A" and ''''.Ii'', lacrelle tile vertical m.oary openla, from 50-518" to 51-SI8" and change thc~li lIeight to 2-10-&18", At type "C", cbange the vertical openiDg from 26" tv 27". Bidders are ~ed to acknowledge this AddeadllDl on proposal Pal: e 17," AdcJIOwledgement of Addellda", or the bid may be considered DOn-responsive. CIlY OF MIAMI' BEACH ~p.,....., /. ....,.... I, ....~ Gus Lopez, CPPO Procurement ~tor no 05000. CUSTOMER REFERENCE LISTING BID NO. 60-02/03 NEW GUARDHOUSE AT PALM ISLAND CUSTOMER REFERENCE LISTING Contractor's shall furnish the names, addresses, and telephone numbers of a minimum of 3 firms or government organizations for which the Contractor has provided services encompassing past work that meets the Minimum Requirements which states: Minimum Requirements: Prospective Bidders must have three (3) years minimum experience as a General Contractor, with experience in building construction. Prospective Bidders must have completed at least three (3) projects within the last five (5) years associated with general building construction, with a total project value of approximately $120.000 or greater, and at least one project where the Gereral Contractor was a Prime Contractor (contractual party with overall responsibility for the. project) . Each Bidder shall furnish a list of all projects demonstrating experience encompassing the above referenced components. Projects must demonstrate familiarity with the installation of pump stations and water mains. In order to properly evaluate the bids, the City requests that each prospective Bidder submit project references for previous projects completed within the last five (5) years. BID NO: 60-02/03 DATE: 08/12/03 CITY OF MIAMI BEACH 118 Please furnish the following information pertinent to past projects completed that will provide a reference in meeting the Minimum Requirement for this project. 1. Project NameJ2.ix.o.LPn ~ j ~=tj..u;Jbt' _~_" rk-.. ,,~. "''1+ '/4--\~L :::r ~ t5\=\~€ .:tL ~ t Project location":l\OL1U$..::LL_ULt...D'V' ~ CJt) () . j:~:::{...ud+..tU(l ~o:L~ Brief description of work performed-G.~:l~L~~:r...---- li0.J.f:~~...1c..LJ~~I'~__Q\_I\'$ ,_t~~r1$t> ~ Contact Name:_~.lJlA t.lul~(f\ ICR.o-.\..fJ...') ----r\-\()(ll\~ ~ ~~ . Address: 3~.o1~L.b.LLU.:....5:i~~. Phone:_9-5~-L-"::l ::l.,~-=-~~'J ______ Fax No. -~5.s:L;--=al~~~Lcrs~\i~)l\.)\\Y Owner or Agency_f....e.will___L~~cs:.~1.:...1J..~J~:.~~0c...,_:.----- Architect or Landscape Architect, or Engineering Consultant: ~\lrJ'...j_ \ \-\(X:i..\-d~__,~'Lk2~~-'---------------- General Contractor (if work performed as a Sub Contractor) hI C6X' /'__+(1 1...VJ.J...n..L'L-u..-~ ') ~; \ \A 0 ~J~_:--L.d42....:_----------- Name of General Contractors' project manager and field superintendent _~JL~Q,5__'~<)l~~~~~~-------------------------------- AWq(ded contract amount and final contract amount ~ Ol::..\ C"', ~J t:. L&) ~\ tlJ...-\ _jj$~1Z~~~______________~_l~~~<:l~~~------------------- Explanation of differences between award and final contract amounts, if difference exceeds 10% ----------------------------------- date, actual final completion date. 01 BID NO: 60-02103 nATE: 08/12/03 CITY OF MIAMI BEACH 119 2. Project Name__l.?J U.~__L--d..a_~i.fJ.;j.rLYJf 4"2'S.lQ:)K -Z}c.um '::j. -l1C\- ~- I. c". Project location_____ ~&D_ ~~..D_~ r)-lb:':"-!.:...__~L~IIJ....----- Brief description of work performed_b rk-\ "'J:S7......ls:-~_:.lJ)., )~) ~) - J~G.L(LJ~11S.j.f..x.~;5~\{.!.j ~.J~.::12.AJDt-X~ ~ \J..)...0 ~-+ ~'7....:r\- ~~-U\t'0o. Contact Name:_~J.n Q ~~~>~J'( 1..2'JJl_<';--:.J . Address: bClfL~l1.r',c- ~\, ~.A. \~)'(Y\lJ..... 331ff.:5 Phone:_~::-:L:2:i:_---QJ ------- FaxNo.~~~:J~~:J:t1~__----- Owner or Agency_ULAr-4.LL_Mb~ C f"~ I v:-t'{_~_Jdl~":"'~ ~J1c... . Architect or Landscape Architect, or Engineering Consultant: ~ S~l~t!~~~_-j\~~~{~Cl~:=-------------------------- General Contractor (if work performed as a Sub Contractor) ~~~""- Cl'lb""p__ Name of General Conlractors' project manager and field supelin ndent p""" n. ~-:/ 'lA I .~ . , .A"0\Q~c;lf]:. -r~ rt~Vk.QJ2.QL____CJn I IrllC.Ldd~~ _tlill'X)-fb~<;oG:... ~-c.r-- . '...J l) Awarded cQntr~ct amount and final contra. ct alflount . (~I ~\ r.) t..L . F i 1..)t:L __L_CLC2~~1~J~~~~~---------- j,r1iJr-lcr~~_~~___________________ Explanation of differences between award and final contract amounts, if difference exceeds 10% t1~.J~ 0 "):\)\; .L_LL'D-s.__addrd -+r~ -~g.--~(\~ Ocigina) schedCuled project completion date, actual final completion date. ~Sf'jl~H.')h. . . .' ~. .~ O~J. . 1 2 1~~~LLL_s3jJ2~_~_i:.rJLlL~:e.d_~ &l_~_~~-- BID NO: 60-02103 DATE: 08/12103 CITY OF MIAMI BEACH 120 -----:---~ 3. Project Namea~'lL_Alf'L-.:L~_--------------O-~--:--d1--.::1'"\J. A- IJ-)J...) :c:.>r'(.k e._ P . tl t' r_'''F'",--r ('...1 r; ',C"' (\r..",V or-! ..' ""'l\'ST A.,k, rOJec oca lon_~~l..._-_"""'1-PLEE::~_-':o-U;;..&d.'=~--~L-~c.... Brief desc.riPtion of work perfonnedJ,(,. 'J Q",~, cd, ~ ~ \ r-,.,~/<~ L--.--..11.)" \ " b:c.r...Ll!~_b:1Lliii1r1~SJ, j.:QKii ( 1_ ~D))~i-Id..Al.~ ,'~~~:C~.} ~ , ., CJ:)o..r--r lDsclsCJL{:.J.;A .:oJ. Contact Name:...j.::t...rr'"L<...~~Y~~' . ( Address: ~i~_.Anc3t~_fuJL 1:=+ ~\'txdcJQ. f{. 332,'~ i ' Phone:-95~_~.1.::_-<.o--5JQ---------- . Fax No. ~15~-\:::__QB..::.1SQ:=lQ-------- Owner or AgencY___UrI:~__Q.t;-_.fj-.:_-Lnucb-.edolL--------- Architect or Landscape Architect, or Engi!1eering Consultant: _~~_i2JLCL~~~:iS------------------------ General Contractor (if work performed as a Sub Contractor) ~l~LS~U!.9- ~-bdiQ'~~+'-=----- Name of General Con ractors' project manager and field ~tendent /')J .~. ~.~ ~'i' I ,r; ..,,', --K:)("\\.-'Q. (1(;( -L . \'-,(\(:::;1("' ('1(.(\':"7 -~ ~~~--~-~-~- \ -------- ----~----(j~(:)- Awarded contr~ct amount an inal c9Dtra~tlamount O..fJ G>1t...)f..L ~-tt...)~~ __LJ1)15~~~-__-___________1_~LC1~~___-------------------- Explanation of differences between award and final contract amounts, if difference exceeds 10% l -:..,... -\-1." _ \ ../ - ,.,!h,....,... -b --''/',r--..() rK' u L __~?-:?___~~l~-_~_:""_---_",:,,...J-t..J,,,&8'~------_2~..l.---1..J.:r!Jf-:...r,--- ~;;;~:;-:?~~::na=~~t~~:~_ BID NO: 60-02/03 DATE: 08/12/U3 CITY OF MIAMI BEACH 121 \ _I c----., ...-----; 4. Project Name__6r~Y..lD~S--Ml:JL_..c.cuc~:.~ :kQrr) rrlIO\L P . tl t' I ~~I \1 I PII...--.I. D.c->,' \=\. rOJec oca IOn_~-U-ll-.l.\.A,li~ ,l -'__!:J_-l-____________ Brief description of work performed l\c\ \ ') JG.~-Acll.~~ ~ I . ttcf..-s=.r r'J\J.::b.l4:~-Y'i 'T e1.~A ()~_~ocJ~nbr\~ Contact Name:_~V,Q1Qj:." ---- Address: _@_7..:'L~-ft'~.8:L1::kJJ('J...>, ~\ .3~"'5'3 Phone:_Q...)'..:::l':':Z~s. -J'A.D Fax No. ~:...l.'5G.:.:l~9.5---------- .1 \~ ~ 0 Owner or Agency_WL~~J2:Lh-'l~- . _lMXS-~--~.:...------- Architect or Landscape Architect, or Engineering Consultant: _~1~~~-_~-~~~2------------------------------- Gen1ral Contractor (if work performed as a ~ub Contractor) l:dl0r.LU_~~Y.,~~__Cd)A~clJihL-------------- N. ame of G. en:---.,.. ral. co. ntracto rs' projec:zm nag~.r and field ~~periPjendent o ~ ( . / t __ _ lY-J\Ci t;::li,:o~ ~..?c.:t&JGaL .cJJl1J~lO:t:k:~-,,~tZ...--- ____.hW.o.JE_-1....~c7 Awarded c.ontract amou~nd final contract amount Qf'-'(~\~l\).... f\t..)~ . _lrl~~~~~~_____________LSY-~~r~~------------------ Explanation of differences between awa~d and finaLcontract ~mounts, ,if j:jifferenp~ _ _, exceeds 10% D:-.f~~'(()X:' (tn~ osii\-\-\ov.s).V~ G:tY..)(Y3:) u..)\ \ 'oCQddl::.9 lFc:J:: \UluJ UYll_)C BW:t~-J:'){<:) p ~L_il\-"f _r-t -TQ__CnTI I{(\ r-} Original scheduled project completion date, actual final completion date. __14~nt_~Q:)_4_---J...L)i~~-_r1{j-2.M[L~b--t&.L-~(~\~ N~...rL 't- H \';, \Q,?JC- :1.J'._";:' TI'-i 1 ~ \vrJ .....J;:.I'.' )....., I '-' --.A....VU-, 1 \'0 1\-\\ '.S 'rt-Dj't.J2...-\- BID NO: 60-02103 DATE: 08/12/03 CITY OF MIAMI BEACH 122 06000. ORDINANCES 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 dty boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the City commissioners. Autonomous personnel includes but is not limited to the members of the housing authority, personnel board, pension boards, and such other autonomous or semi-autonomous authorities, boards and agencies as are entrusted with the day-to-day policy setting, operation and management of certain defined functions or areas of responsibility. Commissioners means the mayor and members of the City commission. Departmental personnel means the City manager, all assistant City managers, all department heads, the City attorney, chief deputy City attorney and all assistant City attorneys; however, all departmental personnel when acting in connection with administrative hearings shall not be included for purposes of this division. Lobbyist means all persons employed or retained, whether paid or not, by a principal who seeks to encourage the passage, defeat or modification of any ordinance, resolution, action or decision of any commissioner; any action, decision, recommendation of any City board or committee; or any action, decision or recommendation of any personnel defined in any manner in this section, during the time period of the entire decision-making process on such action, decision or recommendation that foreseeably will be heard or reviewed by the City commission, or a City board or committee. The term specifically includes the principal as well as any agent, attorney, officer or employee of a principal, regardless of whether such lobbying activities fall within the normal scope of employment of such agent, attorney, officer or employee. Quasi-judicial personnel means the members of the planning board, the board of adjustment and such other boards and agencies of the City that perform such quasi-judicial functions. The nuisance abatement board, special master hearings and administrative hearings shall not be included for purposes of this division. (Ord. No. 92-2777, 99 1, 2, 3-4-92; Ord. No. 92-2785, 99 1, 2, 6-17 -92) Cross reference(sr-Definitions generally, 9 1-2. BID NO: 60-02/03 DA TE: 08/12103 CITY OF MIAMI BEACH 123 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 dvision. 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: 60-02/03 DA TE: 08/12/03 CITY OF MIAMI BEACH 124 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 available at the public hearing. Additionally, any person requested to appear before any city personnel, board or commission, or any person compelled to answer for or appealing a code violation, a nuisance abatement board hearing, a special master hearing or an administrative hearing shall not be required to register, nor shall any agent, attorney, officer or employee of such person. (Ord. No. 92-2777, ~ ~ ~ 4, 5, 3-4-92; Ord. No. 92-2785, ~ ~ 4,5,6-17-92) Sec. 2-484. Sign-in logs. In addition to the registration requirements addressed above, all city departments, including the offices of the mayor and city commission, the offices of the city manager, and the offices of the city attorney, shall maintain signed sign-in logs for all 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. 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. 711.0045. 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 125 (b) (c) BID NO: 60-02/03 DATE: 08/12/03 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: 60-02103 DATE: 08112/03 CITY OF MIAMI BEACH 126 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 AMENDINGARTlCLE VI" THEREOF, ENTITLED "STANDARDS OF CONDUCT", BY AMENDING DIVISION 4, ENTITLED .PROCUREMENT", BY AMENDING SECTION 246, 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 INVITAnON 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, SEVERABIUTY, AND AN EFFECTIVE DATE. WHEREAS, on January 29, 2002, the Mlaml-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-Dade County's approved amendments extended the prohibition on oral 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 respective staffs; and WHEREAS, MIami-Dade County's approved amendments added additional exemptions to the prohibition on oral communications regarding a particular RFP, RFQ, or bid for the solicitation of goods and services between any person and the procurement director or hislher designated staff responsible for administering the procurement process 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-Dade County's approved amendments edded additional exemptions to the prohibition on oral 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: WHEREAS, Miami-Dade County's approved amendments added additional exemptions to the prohibition on oral communicatiOns pertaining to emergency procurements. WHEREAS. said Miami-Dade County amendments 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: 60-02/03 DATE: 08/12/03 CITY OF MIAMI BEACH 127 service providers, bidders, lobbyists, and consult8nts doing business in the City of Miami Beach, the Administration and the City Attomey's Office herein recommends that the Mayor and City Commission amend the City's Cone of Silence Ordinance accordingly. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: SECTION 1. Section 2....26.. of DMslon 4 of Article VII of Chapter 2 of the Miami Beach City Code Is hereby amended to read as follows: ArtIcle VII. Stand.rds of Conduct DMSION 4. PROCUREMENT Sec. 2-488. Cone of snence. (a) Contracts for the provision of goods. services, and construction projects... etMF IRsn SIISIt GentF89t6. (1) Definition. "Cone of silence"ls hereby defined to mean a prohibition on: (a) any communication regarding a particular request for proposal ("RFP"), request for qualifications ("RFOM), Fel1l1eM fer I_AI ef InteNM ("RFlIM), 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. RFO. AR.Ir or bid between the mayor, city commissioners, or their respective staffs. and any member of the clty's administrative staff' Including, but not limited to, the city manager and his or her staff; . (c) any communlc8tlon regarding a particular RFP, RFO, AR.Ir or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and any member of a city evaluation and/or selection committee therefor; ane (d) any communication regarding a particular RFP, RFO, RFYr or bid between the mayor, city commlS8loners~or their respective staffs~and ~ Lmember of a city evaluation and/or selectiQn committee therefor: (e> anvcommunicatlon regardina a DarticularRFP. RFO. or bid between the maYOr. city commissioners. or their resoectlve staffs and 8 potential vendor. service Drovlder. bidder. lobbYist. or consultant. NsW.'ltI:IslaRSiAg IRe teNteing. Ute GeAe af BlIeRee et:lall Ret apply tEl eempetitive pFelile68eB fer Ute a....l8rG af CDBG. HOMi, SHIP aRs SYfCm( FURse admiAiBteFeEl by Ole ally effis8 ef eemmllAIly. Ele'.'elepA18Rt, aRS GeMMIIRieaII8R6 'JJItI:I Ute 6ItV atteM&y aREI hi6 Elr her 8taff. BID NO: 60-02/03 DATE: 08/12/03 CITY OF MIAMI BEACH 128 (2) Procedure. a. A The cone of silence shall be Imposed upon each RFP, RFQ, RFbI; aA4 or bid after the advertisement of said RFP. RFQ. RFY, 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 shallinc/ude in any public solicitation for goods and services a statement disclosing the requirements of this dMslon. b. The cone of silence shall termlnate~ al(j)at the time the city manager makes his or her written recommendation as to selection of a particular RFP, RFQ, RI=bI; or bid to the city commission, and said RFP, RFQ, RFbI; or bid is awarded; provided, however, thatfonowlng the Mmanager making his or herwrltten recommendation, the cone of silence shall be lifted as relates to communications between the M-mayor and M-members of the G:2ommission and the ~ity M-manager; providing further if the city commission refers the manager's recommendation back to the city manager er staff for further review, the cone of silence shall continue until such time as the manager makes a subsequent written recommendation, and the particular RFP. RFQ, RFY, or bid is awarded;. ~ oo.ln the event of contracts for less than $25.000.. when the city manager executes the contract. (3) Exceptions. The pre'AsleR8 9f ~18 eRlIRaA,e COf11!I of silence shall not apply to: (a) comoetltlve Drocesses for the award of COBG. HOMe. SHIP ~rn:I Surtax Funds administered by the cItv office of community development: and (b) communications with the cltv attomev and his or her staff. ~ !aoral communications at pre-bid conferences; ~ {glorel presentations before evaluation and/or ~Iection committees; ~ntract discussions during any duly noticed public meeting; {4Hfl public presentations made to the city commissioners during any duly noticed public meeting; {e} 19} contract negotiations with city staff following the award of an RFP, RFQ. RR..I-r or bid by the city commission; (f.) !Ill communications In writing at any time with any city employee, official or member of the city commission, unless specifically prohibited by the applicable RFP. RFQ, RRdr or bld documents; 9F BID NO: 60-02103 DATE: 08112103 CITY OF MIAMI BEACH 129 iiHU city commission meeting agenda review meettngs between the city manager and the mayor and indMdual city commissioners where such matters are scheduled for consideration at the next ~misslon meeting. ~il communications reaardina a oartiaJlar RFP. RFQ or bid between the Drocurement director. or hislher administrative staff resoonsible for adminlsterina the orocurement orocess for such RFP. RFQ or bid and a ~ember of the evaluation/selection committee therefor. orovided the mmunlcation is limited strictlv to matters of orocess or orocedure already contained In the corresoondina solicitation documcmt: 00 dulv noticed site visits to determine the comoetencv of bidders reaardlna a oarticular bid dulina the time oerlod between the ooenino of bids and the time the citY manaaer makes his or her written recommendation: ill any emeraencv orocurement of aoods or services: em} communications reaardina a Darticular RFP. RFO. or bid between any oerson. and the orocurement director. or hislher administrative staff resoonslble for administelino the procurement process for such RFP. RFO. or bid. Drovided the c;pmmunlcation is limited strictlv to matters of orocess or orocedure already contained In the corresoondino solicitation document !nl.. The bldder, proposer, vendor, service provider, lobbyist, or consultant shan file a copy of any written communications with the city clerk. The city clerk shall make copies available to any person upon request Ell) .'.Mdll MRR.. BID NO: 60-02103 DATE: 08112/03 (1) "CeRe ef ellenee- 18 here~y defiRed le Alean a plehlbltl8A 8R: (8) aAY GefMNRieatlaRS FagaAting a paltiewlar RFP, RFO, RFlI, ar bid betl..'8eR a peteA&ial '>'endsF, ssp:i" prevideF, bidd., IElbbyist. Elr eeRslIltaAt aAE! the Mayer, eity ooFAMiselan818 ar~eir FaepeGlive eta#8, aAd aAY MeMber ef ~e &~~e aElMlnl&trati\'e eta<< iR6IwdIR8. ~wt net limited ta tAe eity f'fl8Rag8r SAd hie 8r h.r steff, and Eb) aRY 8Fa! GeFAFAwRleatiElR AIg_ing a paltiwlsr RFP. RFa, RFlI, 8r blEllil8w.reeA the Mayer, elty GeAlFAieelen8F8 ertAeir respeetlve staffa aRd SAY meMber 9f tt18 8ily'-e admIRlelfat....e staff IFl6IlIding. ~wt Aet IlFAlted le, tAe eity MaAager aFlEl tile ar her &taB: aREI (e) aAY 89MFAYAleatien FagaFdiFlg a paFti6\llar RFP, RFQ, Rt:U. er blEl baWJ8eR 8 pete.' veREler, eeFYioo pAl':ideF, bldE!e~ Iebbylet, 8r GeRSlIl\aFlt aAE! any m8FAIilar ef a elt}' e\l8lwati8n aAdlar _eleetien GemMittee; and Ed) aAY eamMynleatieR regaAtiFlg 8 paFtleular RFP, RFQ er bid bel>t::eaA tAa Mayer, City CeFAFAiesieneF8 er tAelr reepastive eta. and aAY MeFAber ef a 6ity 9l:alwatleR aFldJer eel8e1len e8FAMlllae. Nelwlthst8AdlFlg the feregelRB, tAe eaRS ef ,H8nGS etlal/ net apply te 89MFAWnleefi8ns 'IJiUl the eity attemey aREI his er tier staf#. (2) elleept 8& pf9'Jidatl in slIbsaetieRs (b)(3) &fIEI (b)(~) haFae', a 89R8 ef el18RGS shall he IMpessElwp8n sash RFP, RFQ, RFLI, er BIEI fer awElit SSF\.I68& after the aElveFtiseFAaRt ef salEl RFP, RFQ, RFU, ar blEl. At the 1IMe 9f ~e IFApeelUen af the Gena ef elleRee, tI:l8 6ily FAIRager ar hl6 er her E1eeignee CITY OF MIAMI BEACH 130 sl:laM pre\'lde fer the pYl:llis Fletlae ef ttle 88F1e ef .l1eA98. The 89F1e ef .leFl98 ehall termlAate a) at Vie time t~e 6Ity maASier makes hie er her INfilteA re98mmeAdatlaA as Ie eelestieA at a paFtisYlar RFP. RFQ. Rt;:b.I. 9r I:lld te the Gity 98mmissieA, aREI said RFP. RFQ. RFLI. 9r I:Ild is 8':JaNeEl; previded, h9\"Je\'eF. that fallevJiAg tile MaRaier ma*IAg his er her W'fftteA re98mmeRdatlaA. Vie 98F19 at eileAGe ahall 9a lifted as relates Ie 89mmYAieatieAs 1:19t'..:eeA the MaY9r aAd Mem"'aF8 af tl:la Cemmissi9A aREI Vie City MaAageFj previdlRU fwfthet If Vie (lily (l9mmi8sleR retaFe tAa MaAagar's F898mmeRdatieA baek te the eity maRager ar staff fer fuftl:ler re':i8\':. the 89Ae af sileRse shaA 89RnAya wAll 6I:Ial:l time as the maRager makas a sWBsaqwiilAt ','/filteR re98MmeRdatieR, aREI tile partlwlar RFP. RrQ, RFll. ar bid Is awaFEled St 1:1) iR tl\a &'IElAt ef 98Atrasla far le88 tIlaA $25.000 >:meR the Glty maFlager exeGUtee the GGAW9t (3) ~J~IRg 89FMaiRad "erelA shall pret:tllJit lAY IJlddar. ",re,s.e,... veAdel) seMae pF9'lidar. lasbylst, ar 89RSl:l!taRt (I) frem MakiRg pYBlle preseAtatiaAs at dwly Refillad pre bid 98AfereAs9s 9r l:Iefere dwly Aefieed evalllatieA G9fRmittee maetiAgs; ~i) frem eAgagiAglA GGAtrast disGY6SleRs ElYFlAg aRY dwly Ratleed plll:llie meetlAg; (ill) frem eAgaglAg iA GGAtreGt RegaliallaRs 'JAtA Git)' 6Iaff fells'.'JiAg tI:le aweFEl af SA RFP, RFO. RRI, sr I:Ild fer awdll l:Iy IRe eity 88mMis6isR; er (I':) ffeFA GGFAm"AleatiAg IF! 'NfitiF!U .:Jitl aAY ally .mflleyee sr effi6ial fer pll~e&es ef 6eel~iRg e1aFi:fleatisR at aEld"ieAal iAfermatieF! traFA 1I:Ie GIty ar reepaFldlFlg te 11:18 6ity's reqyeet fer G1aAfieatleA ar eElElitiaAal IRfermati9A, s""'jest te the pre\16ieFls ef tI:l8 apfllleable RFP, RFO, RFL.I. sr Bid "e61.lme,*, The bidder or prepeser ete. shall file a 89PY ef aFlY wRtteR 69FAFAWRleatisR 'liAA Vie sity 6IeFt<. The sity aleFt< shall Make eepiss 8\181181:11e Ie the gaR.ral p"l:Ilie "peR reqyast. (<I) N~IRg 98MBIAeEl heAlIA shell prehlbM aRY Islilbylet, billller:.Jrepeser, "'aFldor. 6e....I89 pF9'JideF, 89RSy!taAl, er ~er peFeaFl sr eR~' flem pwilllely addresslRg the el&y eeMmlssloFleAJ dYFlRg SA)' IIwly RefieeEl pwl:llle FAeetiAg regaFEling astisR eR aRY eYd" BeFlna The Gity INR8ger ellalliAalwde fR eRY pwblie eelleitatisR far swElitlRg eeFViees a &tat.meRt "lealoslFlg tI:le re~wireMeAte at VIis dMsleR. {e){tU Violations/penalties and procedures. A violation of this section by a particular bidder, proposer. vendor, service provider, lobbyist. or consultant shan subject said bidder. eF proposer, vendor. service provider. lobbyist, or consultant to the same procedures set forth In Division 5. entiUed :Debarment of Contractors: from City Work; shall render any RFP award. RFQ award. RFlI awaFd. or bid award to said bidder. proposer, vendor, service provider. bidder,lobbyist, or consultant void~ and said bidder. proposer, vendor. service provider, lobbyist, or consultant shall not be considered for any RFP. RFQ. RRJ or bid for a contract for the provision of goods or services for a period of one year. Arty person who violates a provision of this division shall be prohibited from serving on a city evaluation and/or selection committee. In addition to any other penalty provided by law. violation of any proviSion of this division by a city employee shall subject seld employee to disciplinary action up to and including dismissal. Additionally. any person who has personal knowledge of a violation of this division shall report such violation to the city attorney's office or state attomey's office.... and/or may file a complaint with the county ethics commission. (Ord. No. 99-3164, S 1,1-6--99; Ord. No. 2001-3295, S 1, 3-14-(1) BID NO: 60-02/03 DATE: 08/12/03 CITY OF MIAMI BEACH 131 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 made part of the Code of the City of Miami Beach, Florida. The sectJons 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 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.. SECTION 4. SEVERABILITY. If any section. subsection. sentence. clause, phrase or portion of this Ordinance Is. for any reason, held invalid or unconstitutional. such portion shan 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. ThI8 Ordinance shall take effect on the 10th day of August Is 10 days after adoption. , 2002. which PASSED and ADOPTED this 31st ,2002. ATTEST: CltyCIer1c. Letters or numbers that are stricken through are deletions from existing ordinance. Letters or numbers that are underlined are additions to existing ordinance. F:\A1TO\OLIJ\RES-ORD\CONEOFSlLENCE.FNL.OOC ~2-o.L OcR BID NO: 60-02103 DATE: 08112/03 CITY OF MIAMI BEACH 132 OFFICi OF THi CITY ATTORNEY MURRAY H. BUSBIN City Attoraey ~ tfJl(iomi 1IU , L 0 fl D A $ Tdephone: (305) '73-1470 Telecopy: (305) '73-7001 COMMISSION MEMORANDUM DATE: JULY 3t. 1001 TO: MAYOR DAVID DERMER MEMBERS OF THE CITY COMMISS FROM: MURRAY BUSBIN CITY AlTORNEYN! JORGE M. GONZALEZ CITY MANAGER SECOND READING ptmuc HEARING SVBJECf: AMENDMENT TO ClTY'S"CONE OF SD..ENCE" ORDINANCE On lanuary 29. 2002, the Miami-Dade County Commission approved an amendment to the 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 and the City Attorney's Office herein recommend be incorporated as an amendment to the City's own "Cone of Silence" Ordinance, ere as follows: (1) Extending the prohibition on oral communications regarding a particular RFP, RFQ, and bid for the solicitation of goods and services to those between I potential veu.dor. service provider, bidder, lobbyist or consultant, and the Mayor, Commissioners, and their respective staffs; (2) Extending the probibition on oral communications regarding I particular RFP. RFQ. or bid between any administrative staff member, and any member of an evaluation and/or &election committee therefor; (3) Notwithstanding the prohibition in subsection (2) above, providing an exemption allowing the Manager and the chairperson of the evaluation and/or selection committee to communicate upon a particular evaluation and/or &election committee Agenda Item IISC 1100 ConvlIltioD ClIltel' Drive - Foartll Ploor - MIami Bead Date 7-.j/-():J- BID NO: 60-02103 DATE: 08112/03 CITY OF MIAMI BEACH 133 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 Commerce ("GMCC") adopted a Model Code of Business Ethics (the "Model Code"); and WHEREAS, the City of Miami Beach is a member of the GMCC; and WHEREAS, the Model Code, attached hereto as Exhibit A, is a statement of principles to help guide decisions and actions based on respect for the importance of ethical business standards in the community; and WHEREAS, the GMCC encourages its members to adopt the principles and practices outlined in the Model Code; and WHEREAS, the Commission believes that each entity which does business with the City of Miami Beach should be required, as a condition of doing business with the County to adopt a Code of Business Ethics. NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section I. Each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the City Manager or his or her designee prior to execution of any contract between the contractor and the City. The Code of Business shan, at a minimum, require the contractor to comply with all applicable governmental ndes and regulations including, among others, the conflict of interest, lobbying and ethics provisions of the City Code. Section 2. The Conunission urges the Greater Miami Chamber of Commerce to require that all of its members adopt the Model Code of Business Ethics. Section 3. adoption. This resolution shall become effective immediately upon its BID NO: 60-02/03 DATE: 08/12/03 CITY OF MIAMI BEACH 134 PASSED and ADOPTED this 12th day of April 2000 1{YOR AtTEST: APPROVEO AS TO FCRM a LANGUAc:.r.: & FOR EXECUTIOh BID NO: 60~2/03 DA TE: 08/12/03 CITY OF MIAMI BEACH 13S GREATER MIAMI CHAMBER OF COMMERCE MODEL CODE OF BUSINESS ETHICS STATEMENT OF PURPOSE The Greater Miami Chamber ot Commerce ("GMGCi seeks to create and sustain an ethical business climate for its members and the commun~y by adopting a Code of Business Ethics. The GMCC encourages its members to incorporale the principles and praclices outlined here in their individual codes ot ethics which will guide their relationships wilh 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 ~s members should use this Code as a model for the development of their organizations' business codes of ethics. This Model Code is 0 st<slement of principles to help guide decisions <snd actions bosed on resped for the impo~IlIIClI 01 e!hicol business stOl1dords in !he community. The GMCC bolieves the adoption of a mellflinqM code olalhia is the responsibilityol every business <soo prolessionoJ orgllfliration. Camananee with Government Rules & Reaulations We will properly maintain all records and post all licenses and certificates in prominent places easily seen by our employees and customers; In dealing with govemment agencies and employees, we will conduet business in accordance with all applicable 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 euthorities. Recruitment. Seleetion & Comaensation of Vendors and SUDOliers We will avoid conflicts of interest and disclose such conflicts when identified; Gills which compromise the integrity 0/ a business transaetjon are unacceplable; we will not kick back any portion of a contract paymenllo employees of the other contracting party or accept such a kickback. . Business Accountinq All our financial lransaetions will be property and fairly recorded in appropriate books of account. and there will be no .off lhe books. lransaetions or secret accounts. Promotion and Sales of Products and Services Our products will comply with all applicable safety and qualily standards; We will promote and advertise our business and its products or services in a manner which is not misleading and does not falsely disparage our competilors; DoinQ Business with the Government BID NO: 60~2/03 DATE: 08/12/03 CITY OF MIAMI BEACH 136 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 contrac~s awarded will have a substantive basis and not be pursued merely because we are the. unsuccessful bidder; We will, to the best of our ability, perform govemment contracts awarded at the price and under the terms provided for in the contract. We will nol submit inflated invoices for goods provided or services performed under such contracts, and claims will be made only for work actually performed. We will abide by all contracting and subcontracting regulations. We will not, directly or Indirectly, offer to give a bribe or otherwise channel kickbacks from conlfacts awarded, to government officials, their family members or business associates. We will not seek or expect preferential treatment on bids based on our participation in political campaigns. Public Life ind Political CamDaiClns We encourage all employees to participate in community life. public service and the political process; We encourage all employees to recruit, support and elect ethical and qualified public officials and engage them in dialogue and debate about business and community issues; Our 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 10 senior company management; . We will not contribute to the campaigns of persons who are convicted felons or those who do not sign the Fair Campaign Practices Ordinance. We will not knowingly disseminate false campaign information or support those who do. Company Name Corporate Officer Date BID NO: 60-02103 DA TE: 08112/03 CITY OF MIAMI BEACH 137 ORDINANCE NO 2000-3234 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, ENTITLED "PROCUREMENT", BY CREATING DIVISION 5, ENTITLED "DEBARMENT", SECTIONS 2-397 THROUGH 2-406 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, PROVIDING FOR DEBARMENT OF CONTRACTORS FROM CITY WORK; PROVIDING FOR SEVERABILITY; CODIFICATION; REPEALER; AND AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Miami Beach City Code, Chapter 2, entitled "Administration", Article VI, entitled "Procurement", is hereby amended by adding the following Division 5, entitled - "Debarment of Contractors from City Work" reading as follows: Division 5. Debarment of contractors from City work. Section 2-397. Purpose of debarment. (a) The City shall solicit offers from, award contracts to, and consent to subcontractors with responsible contractors only: To effectuate this police, the debarment of contractors from City work may be undertaken. (b) The serious nature d 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 1he 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: 60-02/03 DATE: 08/12103 CITY OF MIAMI BEACH 138 (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 U) below: a contractor so excluded is debarred. (f) Debarment Committee means a group of seven (7) individual members, each appointed by the Mayor and individual City Commissioners, to evaluate and. if warranted. to impose debarment, (g) Preponderance Greater weight of the evidence means proof by information that, compared with that opposing it , leads to the conclusion that the fact at issue is more probably true than not. (h) Indictment means indictment for a criminal offense. An information or other filing by competent authority charging a criminal offense shall be given the same effect as an indictment. (I) Legal proceeding means any civil judicial proceeding to which the City is a party or any criminal proceeding. The term includes appeals from such proceedings. 0) List of debarred contractors means a list compiled, maintained and distributed by the City?s Procurement Office. containing the names of contractors debarred under the procedures of this ordinance. Section 2-399. List of debarred contractors. (a) The City's Procurement Office. is the agency charged with the implementation of this ordinance shall: BID NO: 60-02103 DATE: 08112103 CITY OF MIAMI BEACH 139 (1) Compile and maintain a current. consolidated list (List) of all contractors debarred by City departments, Such List shall be public record and shall be available for public inspection and dissemination; (2) Periodically revise and distribute the List and issue supplements, if necessary, to all departments. to the Office of the City Manager and to the Mayor and City Commissioners: and (3) Included in the List shall be the name and telephone number of the City official responsible for its maintenance and distribution. (b) The List shall indicate: (1 ) (2) (3) (4) (5) (6) (7) (8) The names and addresses of all contractors debarred. in alphabetical order; The name of the department that recommends initiation of the debarment action; The cause for the debarment action, as is further described herein. or other statutory or regulatory authority; The effect of the debarment action; The termination date for each listing; The contractor's certificate of competence or license number, when applicable; The person through whom the contractor is qualified, when applicable; The name and telephone number of the point of contact in the department recommending the debarment action. (c) The City's Procurement Office shall: Section 2-400. (1) In accordance with internal retention procedures maintain records relating to each debarment; (2) Establish procedures to provide for the effective use of the List, including internal distribution thereof to ensure that departments do not solicit offers from, award contracts to, or consent to subcontracts with contractors on the List; and (3) Respond to inquiries concerning listed, contractors and coordinate such responses with the department that recommended the action, Effect of debarment. (a) Debarred contractors are excluded from receiving contracts, and departments shall not solicit offers from award contracts to, or consent to subcontracts with these contractors unless the City Manager determines that an emergency exists justifying such action. and obtains approval from the Mayor and City Commission, which approval shall be given by 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. BID NO: 60-02/03 DA TE: 08/12/03 CITY OF MIAMI BEACH 140 (d) Debarred contractors are excluded from acting as individual sureties. Section 2-401. Continuation of current contracts. (a) Commencing on the effective date of this ordinance. all proposed City contracts. as well as Request for Proposals (RFP). Request for Qualifications (RFO). Requests for Letters of Interest (RFLI). or Bids issued be the City. shall incorporate this ordinance and specify that debarment may constitute grounds for termination of the contract as well as disqualification from consideration on any RFP, RFO. RFLI. or Bid. (b) The debarment shall take effect in accordance with the notice J.l'ovided by the City Manager pursuant to subsection 2-405(h) below. except that if a City department has contracts or subcontracts in existence at the time the contractor was debarred, the debarment period may commence upon the conclusion of the contract. subject to approval of same be 5/7ths vote of the Mayor and City Commission at a regularly scheduled meeting. (c) City departments may not renew or otherwise extend the duration of current contract or consent to subcontracts with debarred contractors, unless the City Manager determines that an emergency exists justifying the renewal or extension or for an approved extension due to delay or time extension for reasons beyond the contractor's control and such action is approved by 5/7ths vote of the Mayor and City Commission at a regularly scheduled meeting. (d) No further work shall be awarded to a debarred contractor in connection with a continuing contract where the work is divided into separate discrete groups and the City's refusal or denial of further work under the contract will not result in a breach of such contract. Section 2-402. Restrictions on subcontracting. (a) When a debarred contractor is proposed as a subcontractor for any subcontract subject to City approval, the department shall not consert to subcontracts with such contractors unless the City Manager determines that an emergency exists justifying such consent and the Mayor and City Commission approves such decision by 5/7ths vote at a regularly scheduled meeting. (b) The City shall not be responsible for any increases in project costs or other expenses incurred by a contractor as a result of rejection of proposed subcontractors pursuant to subsection 2-402(a) above, provided the subcontractor was debarred prior to Bid opening or opening of proposals, where the contract was awarded be the City pursuant to an RFP, RFO, RFLI, or Bid. Section 2-403. Debarment. BID NO: 60-02/03 CITY OF MIAMI BEACH DATE: 08/12/03 141 (a) The Debarment Committee may, in the public interest debar a contractor for any of the causes listed in this ordinance using the procedures outlined below. The existence of a cause for debarment however, does not necessarily require that the contractor be debarred; the seriousness of the contractor's acts or omissions and any mitigating factors should be considered in making any debarment decision. BID NO: 60-02103 DATE: 08112103 CITY OF MIAMI BEACH 142 (b) Debarment constitutes debarment of all officers, directors, shareholders owning or controlling twenty-five (25) percent of the stock, partners, divisions or other organizational elements of the debarred contractor, unless the debarred decision is limited by its terms to specific divisions, organizational elements or commodities. The Debarment Committee's decision includes any existing affiliates of the contractor if they are (I) specifically named and (ii) given written notice of the proposed debarment and an opportunity to respond. Future affiliates of the contractor are subject to the Debarment Committee's decision. (c) A contractor's debarment shall be effective throughout City Government. Section 2-404. Causes for debarment. (a) The Debarment Committee shall debar a contractor for a conviction or civil judgment, (1) For commiSSion of a fraud or a criminal offense in connection with obtaining attempting to obtain, performing, or making a claim upon a public contract or subcontract or a contract or subcontract funded in whole or in part with public funds; (2) For violation of federal or State antitrust statutes relating to the submission of offers; (3) For commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (4) Which makes the City the prevailing party in a legal proceeding and a court determines that the lawsuit between the contractor and the City was frivolous or filed in bad faith. (b) The Committee may debar a contractor, (and, limited instances set forth hereinbelow a Bidder or Proposer) based upon a preponderance the greater weight of the evidence, for; (1) Violation of the terms of a City contract or subcontract or a contract or subcontract funded in whole or in part by City funds such as failure to perform in accordance with the terms of one (1) or more contracts as certified by the City department administering the contract; or the failure to perform or unsatisfactorily perform in accordance with the terms of one (1) or more contracts, as certified by an independent registered architect engineer or general contractor; (2) Violation of a City ordinance or administrative order which lists debarment as a potential penalty; (3) Any other cause which affects the responsibility of a City contractor or subcontractor in performing City work. BID NO: 60-02/03 DA TE: 08/12103 CITY OF MIAMI BEACH 143 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. BID NO: 60-02103 DATE: 08112/03 CITY OF MIAMI BEACH 144 (e) Hearsay evidence shall be admissible at the hearing but shall not form the sole basis for initiating a debarment procedure nor the sole basis of any determination of debarment. The hearing shall be transcribed, taped or otherwise recorded by use of a court reporter, at the election Committee and at the expense of the City. Copies of the hearing tape or transcript shall be furnished at the expense and request of the requesting party. (f) Debarment Committee's decision. In actions based upon a conviction or judgment, or in which there is no genuine dispute over material facts, the Debarment Committee shall make a decision on the basis of all the undisputed material information in the administrative record, including any undisputed, material submissions made by the contractor. Where actions are based on disputed evidence, the Debarment Committee shall decide what weight to attach to evidence of record, judge the credibility of witnesses, and base its decision on the prepondenance greater weight of the evidence standard. The Debarment Committee shall be the sole trier of fact. The Committee's decision shall be made within ten (10) working days after conclusion of the hearing, unless the Debarment Committee extends this period for good cause. (g) The Committee's decision shall be in writing and shall include the Committee's factual findings, the principal causes of debarment as enumerated in this ordinance, identification of the contractor and all named affiliate: affected by the decision, and the specific term, including duration, of the debarment imposed. (h) Notice of Debarment Committee's decision. (1) If the Debarment Committee decides to impose debarment, the City Manager shall give the contractor and any named affiliates involved written notice by certified mail, return receipt requested, or hand delivery, within ten (10) working days of the decision, specifying the reasons for debarment and including a copy of the Comrnittee's written decision; stating the period of debarment, including effective dates; and advising that the debarment is effective throughout the City departments. (2) If debarment is not imposed,the City Manager shall notify the contractor and any named affiliates involved ,by certified mail. return receipt requested. or personal service, within ten (10) working days of the decision. (i) All decisions of the Debarment Committee shall be final and shall be effective on the date the notice is signed by the City Manager. Decisions of the Debarment Committee are subject to review by the Appellate Division of the Circuit Court. A debarred contractor may seek a stay of the debarment decision in accordance with the Florida Rules of Appellate Procedure. Section 2-406. Period of debarment. BID NO: 60-02103 DA TE: 08112/03 CITY OF MIAMI BEACH 145 (a) The period of debarment imposed shall be within the sole discretion of the Debarment Committee. Debarment shall be for a period commensurate with the seriousness of the cause(s), and where applicable, within the guidelines set forth below, but in no event shall exceed five (5) years. (b) The following guidelines in the period of debarment shall apply except where mitigating or aggravating circumstances justify deviation: (1 ) (2) (3) (4) (5) For commission of an offense as described in subsection 2404(a)(1): five (5) years. For commission of an offense as described in subsection 2404(a)(2): five (5) years. For commission of an offense as described in subsection 2404(a)(3): five (5) years. For commission of an offense as described in subsection 2404(a)(54): two (2) to five (5) years. For commission of an offense as described in subsections 2404(b)(1) or (2): two (2) to five (5) years. (c) The Debarmert Committee may, in its sole discretion, reduce the period of debarment, upon the contractor's written request for reasons such as: (1) Newly discovered material evidence; (2) Reversal of the conviction or civil judgment upon which the debarment was based; (3) Bona fide change in ownership or management; (4) Elimination of other causes for which the debarment was imposed; or (5) Other reasons the Debarment Committee deems appropriate. (d) The debarment debarred contractor's written request shall contain the reasons for requesting a reduction in the debarment period, The City's Procurement Office, with the assistance of the affected department shall have thirty (30) days from receipt of such request to submit written response thereto. The decision of the Debarment Committee regarding a request made under this subsection is final and non-appealable. SECTION 2. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 3. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article," or other appropriate word. BID NO: 60-02/03 DATE: 08/12/03 CITY OF MIAMI BEACH 146 SECTION 4. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the 3rd day of March,2000. PASSED and ADOPTED this 23rd day of February, 2000. BID NO: 60-02103 DATE: 08/12/03 CITY OF MIAMI BEACH 147 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 Oty 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. BID NO: 60-02/03 DATE: 08/12103 CITY OF MIAMI BEACH 148 (a) Right to Protest. Any actual Bidder, qualified proposer, or interested parties (hereinafter collectively referred to as the "Bidder") who has a substantial interest in, and is aggrieved in connection with the solicitation or proposed award of, a request for proposals CRFP"), request for qualifications ("RFQ'), request for letters of interest ("RFLI') or invitation for Bid for goods and/or services ("hereinafter, collectively referred to as the Bid") may protest to the City Manager or his or her designee. Protests arising from the decisions and votes of any evaluation or selection committee shall be limited to protests based upon alleged deviation(s) from established purchasing procedures set forth in this Code, any written guidelines of the Procurement Department, and the specifications, requirements and/or terms set forth in any Bid. (1) Any protest concerning the Bid specifications, requirements, and/or terms must be made within three (3) business days (for the purposes of this ordinance, "business day" means a day other than Saturday, Sunday or a national holiday), from the time the facts become known and, in any case, at least two (2) business days prior to the opening of the. Such protest must be made in writing to the City Manager or his or her designee, and such protest shall state the particular grounds on which it is based and shall include all pertinent documents and evidence. No Bid protest shall be accepted unless it complies with the requirements of this section. 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 BID NO: 60-02103 DA TE: 08112/03 CITY OF MIAMI BEACH 149 documents and evidence. No Bid protest shall be accepted unless it complies with the requirements of this section. (c) The City may request reasonable reimbursement for expenses incurred in processing any protest hereunder, which expenses shall include, but not be limited to, staff time, legal fees and expenses (including expert witness fees), reproduction of documents and other out-of-pocket expenses. (d) Authority to Resolve Protests. The City Manager or his or her designee shall have the authority to settle and resolve a protest concerning the solicitation or award of a Bid. (e) Responsiveness. Prior to any decision being rendered under this Ordinance with respect to a Bid protest, the City Manager and the City Attorney, or their respective designees, shall certify whether the submission of the Bidder to the Bid in question is responsive. The parties to the protest shall be bound by the determination of the City Manager and the City Attorney with regard to the issue of responsiveness. +Re determination of the City Mana€jer GRd the City Attorney 'Nith regard to all preseaural ana technical matter-s e:hallse final. (f) Decision and Appeal Procedures. If the Bid protest is not resolved by mutual agreement, the City Manager and the City Attorney, or their respective designees, shall promptly issue a decision in writing. The decision shall specifically state the reasons for the action taken and inform the protestor of his or her right to challenge the decision. Any person aggrieved by any action or decision of the City Manager, the City Attorney, or their respective designees, with regard to any decision rendered under this section may appeal said decision by filing an original action in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, in accordance with the applicable court rules. Any action not brought in good faith shall be subject to sanctions including damages suffered by the City and attorney's fees incurred by the City in defense of such wrongful action. (g) Distribution. A copy of each decision by the City Manager and the City Attorney shall be mailed or otherwise furnished immediately to the protestor. (h) Stay of Procurements During Protests. In the event of a timely protest under this section, the City shall not proceed further with the solicitation or with the award pursuant to such Bid unless a written determination is made by the City Manager, that the award pursuant to such Bid must be made without delay in order to protect a substantial interest of the City. (i) The institution and filing of a protest under this Code is an administrative remedy that shall be employed prior to the institution and filing of any civil action against the City concerning the subject matter of the protest. BID NO: 60-02103 DATE: 08/12/03 CITY OF MIAMI BEACH 150 U) Protests not timely made under this section shall be barred. Any basis or ground for a protest rot set forth in the letter of protest required under this section shall be deemed waived. (k) At the time the City Manager's written recommendation for award of a Bid is presented at a meeting of the Mayor and City Commission, the City Attorney, or his or her designee. shall present a report to inform the Mayor and City Commission of any legal issues relative to any Bid protest filed in connection with the Bid in question. (I) The determination of the City Manaqer and the City Attorney with reqard to all procedural and technical matters shall be final. Section 2. All ordinances, resolutions or parts thereof in conflict herewith be and the same are hereby repealed. Section 3. If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this Ordinance shall become and be made part of the Code of the City of Miami Beach, Florida, The sections of this Ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. Section 4. This Ordinance shall take effect ten (10) days after its adoption on the 19th day of January, 2002. PASSED on First Reading this 19th day of December ,2001. PASSED and ADOPTED on Second Reading this 9th day of January. 2002. ATTEST: r r a.u.L- ~L8K F:\A'lTOIAQUIllItllSOSllllDPROTS._.do< ~ASlO ."""'" & I.ANOlJIIGE & FOR ElCECU110N ~ l-.t-.( BID NO: 60-02103 DATE: 08112103 CITY OF MIAMI BEACH 151 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 2, DIVISION 3, SECTION 2-485 THEREFORE ENTITLED "LIST OF EXPENDITURES; FEE DISCLOSURE; REPORTING REQUIREMENTS", BY REQUIRING DISCLOSURE OF LOBBYIST' FEES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Miami Beach City Code Chapter 2 entitled "Administration", Division 3 entitled "Lobbyist", Section 2-485 thereof is hereby amended to read as follows: Sec. 2-485. List of expenditures; fee disclosure; reporting requirements. a. On October 1 of each year, lobbyist subject to lobbyist registration requirements shall submit to the city clerk a signed statement under oath as provided herein listing all lobbying expenditures in the city for the preceding calendar year. A statement shall be filed even if there have been no expenditures during the reporting period. The statement shall list in detail each expenditure by category, including food and beverage, entertainment, research, communication, media advertising, publications, travel, lodging and special events. b. . If no com ensation has or will be aid concernina the subiect lobby services. a statement shall nonetheless be filed reflectina as such. BID NO: 60-02103 DATE: 08112/03 CITY OF MIAMI BEACH 152 c. Any change to information originally filed shall re principal under subsection b) above) file, The lobbyist principal) a continuing information and amend said reports when so needed. {b} @ 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. {G) @l The city clerk shall notify the Miami-Dade County Commission on Ethics and Public Trust of the failure of a lobbyist (or principal) to file a either of the reports referenced above and or pay the assessed fines after notification. ~ ill. A lobbyist (or principal) may appeal a fine and may request a hearing before the Miami-Dade Commission on Ethics and Public Trust. A request for a hearing on the fine must be filed with the Miami-Dade Commission on Ethics and Public Trust within 15 calendar days of receipt of the notification of the failure to file the required disclosure form. The Miami-Dade Commission on Ethics and Public Trust shall have the authority to waive the fine, in whole or in part, based on good cause shown. SECTION 2. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. BID NO: 60-02/03 DA TE: 08/12/03 CITY OF MIAMI BEACH 153 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 inte ntion of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect 18th day of ~2002. PASSED and ADOPTED on Second Reading this 8th day of May, 2002. ATIEST: MAYOR. JJv.>>X p~ CITY CLERK (Requested by Commissioner Matti Bower and Co-sponsored by Commissioner Simon Cruz, Jose Smith and Richard Steinberg) ~ reflects changes between first and second reading. DATE: 08/12103 APPJtOVEO JtS 10 FORM & L>>lGUAGE & FOR EXECUTION ~tFl-(JV CIIY N/tOfmIIIf 154 JKOIkw F:A TTOIOLIJ\RES-ORD\2-485.0RD.DOC ORDINANCE NO. 2003 -3389 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 2, ARTICLE VII BY CREATING DIVISION 5 THEREOF ENTITLED "CAMPAIGN FINANCE REFORM", AND FURTHER AMENDING CITY CODE SECTION 38-6 ENTITLED "PROHIBITED CAMPAIGN CONTRIBUTIONS BY VENDORS" AND CITY CODE CHAPTER 2 BY TRANSFERRING SAID SECTION FROM CHAPTER 38 OF THE CODE TO CITY CODE CHAPTER 2, ARTICLE VII, DIVISION 5, RENUMBERING CODE SECTION 38-6 TO CODE SECTION 2-487; AMENDING SAME BY MANDATING THAT THE CITY PUBLISH NOTICE REQUIREMENTS OF THIS ORDINANCE, ESTABLISHING RESPONSIBILITY OF CANDIDATES FOR ELECTED OFFICE TO DETERMINE STATUS OF POTENTIAL DONOR AS VENDOR, CLARIFYING AND CREATING DEFINITIONS, CREATING ADDITIONAL WAIVER PROVISION WHEN TERMINATION OF EXISTING CONTRACT WOULD BE ECONOMICALLY ADVERSE TO CITY'S BEST INTERESTS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Miami Beach City Code Chapter 2, Article VII, is hereby amended by the creation of Division 5 thereof entitled "Campaign Finance Reform" and is further amended by transferring Section 38-6 entitled "Prohibited Campaign contributions by Vendors" from City Code Chapter 38 to City Code Chapter 2, Article VII, Division 5 and renumbering said Section 38-6 to Section 2-487, to read as follows: DIVISION 5. CAMPAIGN FINANCE REFORM * * * Sec. J8...(;~. Prohibited Campaign Contributions by Vendors WA. General. (1) 00 No pilfS9R whe is a vendor te the sity shall give a campaign contribution directly,or threllgh a m.ember sf the pers9R's immediate family, IT threllgh a pelitisal astieR semm.ittee, er tlHeagh aa)' ether perseR, indirectly to a candidate, or to the campaign committee of a candidate, for the offices of mayor or commissioner. Commencing on the effective date of this ordinance. all proposed city cmtracts. as well as requests for proposals (RFP), requests for Qualifications BID NO: 60-02/03 DATE: 08/12103 CITY OF MIAMI BEACH 155 (RFO). requests for letters of interest (RFLI). or Bids issued by the City. shall incorporate this Ordinance so as to notify potential vendors of the proscription embodied herein. ill No candidate, or campaign committee of a candidate for the offices of mayor or commissioner, shall selieit ar r@eeive deposit into such candidate's campaign account any campaign contribution directly or indirectly from a ~ wha is a vendor to the eit)', af thraagh a member af the persaa's immediate family, ar tlHeagh a pelitieal aetisa eammittee, ar tlrraligh aay ether persaa ea Behalf sf the persen This pr-eRibitiea aflplies ta aatlifal perseBs aHd te perseRS yAl.e held a eaatrelliBg HRaBeial iaterest ia Basiaess eatities. Candidates (or those acting on their behalf) shall ensure compliance with this code section by confirming with the Procurement Division's City records (including City of Miami Beach website) to verify the vendor status of any potential donor. (2) A fine of up to $500.00 shall be imposed on every person who violates this prahiBitiea section Each act of selieitatiea, giving or reeeiviag depositing a contribution in violation of this paragraph section shall constitute a separate violation. All contributions reeeived deposited by a candidate in violation of this paragraph section shall be forfeited to the city's general revenue fund. (3) A person or entity who directly or thraugh a meRiBer sf the persaa's immediate faRiily, er threagh a pelitieal aetiea eaRimittee, er threligh aay ather persaa indirectly makes a contribution to a candidate who is elected to the office of mayor or commissioner shall be disqualified for a period of 12 months following the swearing in of the subject elected official from tr-aasaetiag BlisiBess serving as a vendor with the city. This prehibitieB ea traasaetiag Blisiaess with the eity RiB')' Be wai'/ed ani)' ia the manBer previded hereiRbelsw ia sebseetiaB (8). (4) As used in this section: (a) h A "vendor" is a person and/or entity who tr-aasaets Basiaess with the eit)', or has been appre'/@d by the eit)' semFBissiaa te traHsaet Basiaess with the sit)', er is listed ea the ait)' FBaaager's aflflrs'/ed -:eader list. selected by the City as the successful Bidder on a present or pending Bid for goods. equipment or services. or has been approved by the City on a present or pending award for goods. equipment or services. prior to or upon execution of a contract. purchase order or standing order. 2. "Vendor" shall include natural persons andlor entities who hold a controlling financial interest in a vendor entity. The term "controlling [mancial interest" shall mean the ownership. directly or indirectly. of 10% or more of the outstanding capital stock in any corporation or a direct or indirect interest of 10% or more in a firm. The term "firm" shall mean a corporation. partnership. business trust or any legal entity other than a natural person 3. For purposes of this ordinance. "vendor" status shall terminate upon completion of the agreement for the provision of goods. equipment or servIces. BID NO: 60-02/03 DATE: 08/12103 CITY OF MIAMI BEACH 156 1Ql For purposes of this section, the term "services" shall mean the rendering by a vendor through competitive Bidding or otherwise. of labor, professional and/or consulting services to the City of Miami Beach. (at A "seRtristitisa" is: +. .^. gift, S1!bseriptisa, ssa':eyaaee, Eleflssit, ISaH, paymeat, ar ElistrisRtisa sf mSRey sr afl:)'thiRg sf vakie, iaelREliag saRtribatieas iR kias having aH attribtitable msaetary wiRe. ~ f. traasfer sf fl:lBss sep.'Ieea pslitisal eeffiHlittees, seRveea eemmittees sf eeRtiffiieRS existeaee, sr seRveea a pslitieal esmmittee aas a eSffiHlittee af esatiaRetiS existeaee. J., The paj'H1eat, sy aay persea sther thaa a eansiaate sr pslitieal eommittee, sf esmptJasatisa fer the perssaal serviees sf aastRer persea 'l.'hieh are reaGeres te a eaaaidate sr pelitieal esmmittee witlleat eharge ta the eaasiaate sr eemmittee fer stieh serviees. 4., The tFllasfer sf fuass sy a eaHlf3aiga treaSYfer sr aeflRty eaHlf3aiga treaS'lirer l3et'::eea a primary deflssitary aHS a seflllfate iaterest seariag aeesliat sr eeFtifieate ef aepesit, aad tlle tenB iaelades any iRterest eames aa sReh aessliRt sr eertifieate. lfl The term contribution shall have the meaning ascribed to such term in Chapter 106. Florida StatUtes. as amended and supplemented (copies available in City Clerks office). t9j B. Conditions for waiver of prohibition. The requirements of this section may be waived Qy a 5/7th vote for a particular transaction by city commission vote after public hearing upon fmding that: (1) AR speR ts all sealed seHlf3etiti':e ~ prsllssal has BeeR s:tiBmittes aHd the sit)' sffieialldsftee has in as ..yay partisiJlated ia the setellHinatiaa sf the Bid spesifieatisas sr Bid awar.e; ~ill The prsperty goods. equipment or services to be involved in the proposed transaction are unique and the city cannot avail itself of such prsflerty goods. equipment or services without entering into a transaction which would violate this section but for waiver of its requirements; or ~ill The business entity involved in the proposed transaction is the sole source of supply withiR tlle eity as determined by the City's Procurement Director in accordance with procedures established in section 2-367(c) of the Miami Beach City Code; or -t41ill An emergency cont ract (as authorized by the City Manager pursuant to section 2- 396 of the Miami Beach City Code) must be made in order to protect the health, safety or welfare of the citizens of the city, as determined by a five-sevenths vote of the city commission-~ BID NO: 60-02103 DATE: 08112/03 CITY OF MIAMI BEACH 157 ffi A contract for the provision of goods. eQuioment or services exists which. if terminated bv the City. would be adverse to the best economic interests of the City. Any grant of waiver by the city commission must be supported with a full disclosure of th: subject campaign contribution. ~. Applicability. This section shall be applicable only to prospective transactions, and the city commission may in no case ratify a transaction entered into in violation of this section. SECTION 2. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY 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. 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. IJCTJON S.Ef'JCTIVI DATE This Ordinance shall take effect the latH; day of PASSED and ADOPTED this...!!!!.. day of ATI'EST: ~~~ (Requested by Commissioner lose Smith, and approved by C30mnnmity Affain Committee) (Passed on 1st R.eading on Dccombcf 11, 2002) JKO\k:w 'F:\alIIlIOl.lNUl.oR.D\3$-6.N2Uoc 2003_ Ordti.ulc..:1NOQ. 2003~g3" A J J.... .....&WICIIMGI ....IDmJ'l1CJN ~ 1""''''.14.'''02- 0.